HomeMy WebLinkAbout2012-08-28IDIAN�--
IDAHO
CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, August 28, 2012 at 7:00 PM
1. Roll -Call Attendance
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Larry Woodard of Ten Mile Christian
Church
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Approve Minutes of August 14, 2012 City Council Workshop
Meeting
B. Approval of Beer and Wine Renewal and Owner Transfer from
Tuan Ha to Trinh Payne dba Fusion Asian Grill Located at 3161
E. Fairview Ave. Suite 100
C. Professional Services Agreement with Sullivan Reberger
Eiguren for the Not -to -Exceed Amount of $48,000.00 to Assist
the Public Works Department in State Government Affairs
D. Development Agreement for Approval: MDA 12-003
Hollybrook by Kevin Howell Construction Located at West
Side of N. Arrowwood Way; North of E. Ustick Road Request:
Amend the Recorded Development Agreement (Instrument
#105195857) for the Purpose of Modifying the Concept Plan
and Building Elevations Approved with the Hollybrook
Subdivision
E. Approval of Idaho Power Service Request - Indemnification
and Limitation of Liability
Meridian City Council Meeting Agenda — Tuesday, August 28, 2012 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
F. Approval of Idaho Power Easement for 1700 E Lanark Parks
and Recreation Maintenance Facility
G. Agreement for Use of Kleiner Park for Barley Brothers
Traveling Beer Show Special Event August 31 -September 2,
2012 Moved off of Consent Agenda to Item 6G — Approved with
Conditions
6. Items Moved From Consent Agenda Item 5G moved to Item 6G
7. Action Items
A. Public Hearing: PP 12-010 Mulberry Subdivision by Settlers
Park, LLC Located Southwest Corner of N. Meridian Road and
W. Ashby Drive Request: Preliminary Plat Approval Consisting
of Five (5) Building Lots on 2.4 Acres of Land in an R-15
Zoning District Continued to September 25, 2012
B. Public Hearing: CUP 12-006 Mulberry Subdivision by Settlers
Park, LLC Located at Southwest Corner of N. Meridian Road
and W. Ashby Drive Request: Conditional Use Permit Approval
of a Multi -Family Development in an R-15 Zoning District
Consisting of Thirty -Six (36) Residential Units on 2.4 Acres of
Land Continued to September 25, 2012
8. Department Reports
A. Solid Waste Advisory Commission: Correspondence to Ada
County Regarding Changes to Solid Waste Processing
Facilities Consensus to send letter
B. Solid Waste Advisory Commission: Request for Funding
Approval - Community Recycling Fund Joint Application for
Split Corridor Art Project Approved
C. Legal/Parks & Recreation Department Report: Recreation
Instructor Agreements Update
D. Police Department: Donation of a 2005 GMC Sierra 1500 to the
Canyon County Animal Shelter
E. Resolution No. 12-866: A Resolution of the City Council of the
City of Meridian, Idaho, Setting Forth Certain Findings and
Purposes to Declare Surplus Property and Authorize the
Meridian City Council Meeting Agenda — Tuesday, August 28, 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.
Mayor of the City of Meridian to Donate Equipment to the
Canyon County Animal Shelter, Caldwell, Idaho Approved
F. Public Works: Proposed Amendments to Meridian City Code:
Sewer Pretreatment; Section 9-2-2-1(D), Relating to Prohibited
Discharge Standards and Grease Interceptor Requirements;
Amending Meridian City Code Section 9-4-9(D), Relating to
Regulations for use of Public Sewers and Grease, Oil and
Sand Interceptors; Amending Meridian City Code Section 10-2-
1(6) and Adding a New Section, Section 10-2-1(B)(25),
Regarding Grease Interceptor Regulation Under the Uniform
Plumbing Code; and Providing a Effective Date.
G. Resolution No. 12-867: A Resolution Authorizing the City
Clerk to Destroy Certain Semi -Permanent and Temporary
Records of the Meridian City Finance Department and the City
Clerk's Office Approved
H. Amended onto the Agenda: Resolution No. 12-868: A
Resolution Adopting the Framework Agreement for
Establishing Friendly and Cooperative Relations Between
Pisa, Italy and Meridian City, Idaho, the United States of
America and Adopting Pisa, Italy as its Honorary Sister City
Approved
9. Ordinances
A. Ordinance No. 12-1522: An Ordinance for Annexation (AZ 12-
002) of a Portion of Land Located West of N. Meridian Road
Midway Between W. Chinden Blvd and W. McMillian Road,
Commonly Known as Paramount North Subdivision Approved
B. Ordinance No. 12-1523: An Ordinance of the City of Meridian,
Idaho Amending Ordinance No. 11-1491, the Appropriation for
the Fiscal Year Beginning October 1, 2011 and Ending
September 30, 2012. Appropriating Monies that are to be
Received by the City of Meridian, Idaho in the Sum of
($1,902,834) and Appropriating Monies that are Unexpended by
the City of Meridian into the Fund Balance and Other Sources
and Fees Approved
C. Ordinance No. 12-1524: An Ordinance Providing for the
Adoption of a Budget and the Appropriating of $80,186,803 to
Defray the Necessary Expenses and Liabilities of the City of
Meridian, in Accordance with the Object and Purposes and in
Meridian City Council Meeting Agenda — Tuesday, August 28, 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.
the Certain Amount Herein Specified for the Fiscal Year
Beginning October 1, 2012 and Ending on September 30, 2013
Approved
10. Future Meeting Topics None
Adjourned at 9:29 p.m.
Meridian City Council Meeting Agenda — Tuesday, August 28, 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 August 28 2012
A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday,
August 28, 2012, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun
and Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Clint Dolsby,
Mike de St. Germaine, John Overton, Mark Neimeyer, Steve Siddoway, Mollie
Mangerich, and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Thank you for all joining us here this evening. I will go ahead and open our
regular City Council meeting. For the record it is Tuesday, August 28th. It's 7:05.
Madam Clerk, will you, please, call roll.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the
pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Larry Woodard of Ten Mile Christian
Church
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry
Woodard. He's with Ten Mile Christian Church. If you will all join us in the community
invocation or take this as an opportunity for a moment of reflection. Thank you for
joining us, Larry.
Woodard: Thank you for inviting me. Before I give our evening prayer I'd like to
introduce Eric Summers in his scout uniform. He's here on one of his citizenship merit
badges. I told him there was nothing more exciting outside of a national convention
than attending a City Council meeting. So, that's why he's here.
De Weerd: Well, I hope you still believe him afterwards, Eric. But thank you for joining
us.
Meridian City Council
August 28, 2012
Page 2 of 51
Woodard: Let's pray. Our dear Heavenly Father, as the fall season comes upon us we
-- and our children are returning to school, I ask your blessing on this community and its
leaders as they weigh issues and programs which make Meridian one of the best places
to live. Our dear Heavenly Father, we see construction going on around our town and
we pray for the safety of the workers. Our streets are being upgraded and we ask that
the impact on businesses will be minimal. We are blessed with the many retirement
homes that are going up throughout our city and we pray for the staff that help our
elderly. As school opens we pray not only for the students, but for the teachers and
staff also. Lastly, I pray tonight for our police, our firemen, and our paramedics who
make this a safe town to live in. Despite our city's push for an upgraded interchange in
the Meridian exit I have to wonder if a bit of divine intervention wasn't involved in the
decision. We thank you for that. This is a city where faith in God remains high and as
summer winds down our churches begin to fill, may we as a city continue to please you,
in Jesus' name. amen.
Item 4: Adoption of the Agenda
De Weerd: Thank you, Larry. And thank you for the reminder of the interchange.
Always. I will ask for a motion, Council, on Item No. 4, adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I have a couple items to amend onto the agenda and move around. Under
the Consent Agenda, 5-G, I'm requesting that it be removed Item 6. So, that will not be
part of the Consent Agenda. Under Item 8-E, that resolution number is 12-866. 8-G is
resolution number 12-867. We need to add an 8-H, which resolution number 12-868
and that is a resolution adopting the framework agreement for establishing relations
between Pisa, Italy, and Meridian, Idaho, and adopting Pisa as its honorary sister city.
Under 9-A that ordinance number 12-1522. 9-13 is ordinance number 12-1523. 9-C 15
dash -- Ordinance No. 12-1524. So, with that, Madam Mayor, I move adoption of the
agenda as amended.
Rountree: Second
De Weerd: I have a motion and a second 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 August 14, 2012 City Council Workshop
Meeting
Meridian City Council
August 28, 2012
Page 3 of 51
B. Approval of Beer and Wine Renewal and Owner Transfer from
Tuan Ha to Trinh Payne dba Fusion Asian Grill Located at 3161
E. Fairview Ave. Suite 100
C. Professional Services Agreement with Sullivan Reberger
Eiguren for the Not -to -Exceed Amount of $48,000.00 to Assist
the Public Works Department in State Government Affairs
D. Development Agreement for Approval: MDA 12-003 Hollybrook
by Kevin Howell Construction Located at West Side of N.
Arrowwood Way; North of E. Ustick Road Request: Amend the
Recorded Development Agreement (Instrument #105195857)
for the Purpose of Modifying the Concept Plan and Building
Elevations Approved with the Hollybrook Subdivision
E. Approval of Idaho Power Service Request - Indemnification
and Limitation of Liability
F. Approval of Idaho Power Easement for 1700 E Lanark Parks
and Recreation Maintenance Facility
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor, as I mentioned under the adoption of the agenda, I requested
that we move Item 5-G to Item 6. So, with that being moved, I ask the Council approve
the Consent Agenda and the Mayor to sign and the Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as changed.
Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved From Consent Agenda
G. Agreement for Use of Kleiner Park for Barley Brothers
Traveling Beer Show Special Event August 31 -September 2,
2012 Moved off of Consent Agenda to Item 6G — Approved with
Conditions
Meridian City Council
August 28, 2012
Page 4 of 51
De Weerd: We did remove Item G from the Consent Agenda. So, at this time I will ask
Mr. Nary to give us an update on this item.
Nary: Excuse me, Madam Mayor. Sorry. In front of you, Madam Mayor, is an
agreement for the Barley Brothers Traveling Beer Show for this weekend. There are
some contingencies that are not completed yet and so what we would ask if the Council
is acceptable of the contract itself, to approve it contingent upon those conditions being
met. There are some specific ones and -- I apologize -- one of them -- the ones that are
primary probably of concern is the business -- the state business recognition of -- of the
business of Brewforia to be able to sign this contract to have an entity to actually be
identifiable with an agent for the purposes of signing this agreement. Additionally, there
are some inspections that need to be completed in regards to structural and electrical
and, then, also there is some insurance issues. The insurance they provided now are
inadequate. They don't meet the requirements of our ordinance, as well as our contract.
So, again, they are supposed to provide all of these things by tomorrow at 5:00 p.m. If
they haven't provided them, then, the direction we would seek, then, is to not issue the
permit and, essentially, to cancel the event. If there is other specific questions I can
certainly answer them, but those are probably the three highlighted areas of concern in
regards to the insurance, inspections, and permitting, as well as the business entity
itself.
De Weerd: Thank you, Mr. Nary. Council, any questions?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I don't know if it's fair to ask this, but if Mr. Nary has been working with this
group what's your sense of their ability to comply with all of this on time and has working
with them been a struggle or is this a smooth thing?
Nary: Madam Mayor, Members of the Council, Council Member Zaremba, it certainly
hasn't been smooth for an event that's been existing. I mean we have had -- we have
had newer events that have had some difficulties in understanding the city's
requirements or meeting the -- the basic things, like the business entity requirement or
the insurance and those kinds of things, because it's foreign to them. This is not a new
event, it just happens to be new to the city, so it is a little perplexing to us that some of
these things that seem very routine from a business standpoint or organization seem to
be just as challenging as everything else. There is a lot of moving parts to this event.
It's anticipated to be fairly large. There are a lot of third -party vendors, there is a lot of
logistics, and they have been working very well with the Parks Department on a lot of
the logistics. So, we are really down to a number of things, some fairly critical things for
that matter. You know, we are certainly hopeful they get it done, but this entity thing is
problematic, because that's a state agency, the Secretary of State's office that has to
Meridian City Council
August 28, 2012
Page 5 of 51
approve that, you know, we don't have control over it, but we certainly made them
aware of it well in advance of today. But I think on the park side Mr. Siddoway is here if
you had questions, but I think they have met with parks and I think most of the logistic
issues I think have been discussed, but I certainly would hope they can get these last
pieces done before tomorrow.
De Weerd: Follow up? Okay. Any other questions for Mr. Nary or Mr. Siddoway?
Bird: I have none.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Madam Mayor, I would approve the agreement for use of Kleiner Park for
Barley Brothers Traveling Beer Show, a special event, for August 31st through
September 2nd, 2012, with the conditions that the entity -- I guess they are known as
Fermentation Events, Incorporated, meet the conditions as outlined by legal and the
Parks Department, which include insurance, inspection permits and, of course, the filing
being made with the Secretary of State as a legal entity, before this contract can be
signed.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second and certainly, Mr. Hoaglun, that would
follow the deadline that has been set by staff in advance tomorrow at 5:00.
Hoaglun: Yes, Madam Mayor, that -- I would be happy to include that in my motion.
Holman: Madam Mayor?
Zaremba: Second agrees.
De Weerd: Yes.
Holman: The condition as Councilman Hoaglun stated it was that they file with the
Secretary of State's office. We received documentation this afternoon that they had
done that. What they haven't received yet I believe is the approval.
Nary: Yes.
Hoaglun: Okay. I'll amend my motion that it's their approval from the Secretary of State
for filing.
Zaremba: Second agrees.
Meridian City Council
August 28, 2012
Page 6 of 51
De Weerd: Okay. Any further clarification needed? 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 7: Action Items
A. Public Hearing: PP 12-010 Mulberry Subdivision by Settlers
Park, LLC Located Southwest Corner of N. Meridian Road and
W. Ashby Drive Request: Preliminary Plat Approval Consisting
of Five (5) Building Lots on 2.4 Acres of Land in an R-15
Zoning District
B. Public Hearing: CUP 12-006 Mulberry Subdivision by Settlers
Park, LLC Located at Southwest Corner of N. Meridian Road
and W. Ashby Drive Request: Conditional Use Permit Approval
of a Multi -Family Development in an R-15 Zoning District
Consisting of Thirty -Six (36) Residential Units on 2.4 Acres of
Land
De Weerd: Okay. Item 7 is Action Items. We have two public hearings that are related,
so I will open both public hearings on 7-A and B, public hearing on PP 12-010 and CUP
12-006. For those of you who haven't been to a public hearing before the process is
staff will introduce this item and, then, the applicant has ten minutes to give their
remarks and we take public testimony of three minutes for each individual and I will go
ahead and ask for staff comments at this time.
Parsons: Thank you, Madam Mayor, Members of the Council. These applications
come to you from a recommendation from the Planning and Zoning Commission on the
July 19th hearing. Their recommendation for approval was based on the compliance
with the Comprehensive Plan and the Unified Development Code. This subject property
is located on the southwest corner of North Meridian Road and West Ashby Road -- or
Drive. Excuse me. Some history on this site. It was originally annexed and zoned in
2002 with the Cedar Springs Subdivision. It was originally zoned R-4. With the
annexation approval there was a recorded development agreement in place. Under that
DA this property was not subject or restricted to any uses on the site. In 2004 the
applicant came before you the Council and asked for rezone and a plat and a
conditional use permit to develop an assisted living facility. Council did approve action
and approve rezone based on compliance with an assisted living facility. One thing I did
want to note to you that the recorded development agreement was not amended with
that rezone application and now the plat and the CUP have expired. So, what we are
left with this evening is an R-15 zoned piece of property. However, like I mentioned
Meridian City Council
August 28, 2012
Page 7 of 51
earlier, the DA does run with this land and the only thing that isn't a recorded
development agreement is basically the road configurations that are currently in place.
The applicant is before you this evening seeking a preliminary plat, five buildable lots,
and a conditional use permit to develop 36 multi -family units and nine buildings. Before
you is a plat. My understanding for the purpose of the platting is so that the applicant
can get financing for the project. There is a single access point into the site from West
Ashby Drive that was constructed with the road improvements. That is the only access
point that they have serving the development. The applicant is conditioned to provide a
cross -access, cross -parking agreement with the final plat application. Here is the
proposed site plan before you this evening. Again, you can see the nine buildings in
total with 36 units. They are dispersed throughout the perimeter of the development. I
would mention to Council that the buffers along West Ashby Drive and North Meridian
Road were constructed with the Cedar Springs Subdivision and are owned and
maintained by the homeowners association. So, this project does not really front on any
roads. Internal to the site the applicant is providing approximately one acre of open
space as required by the UDC. Site amenities include a tot lot, bike storage, some
sitting areas with rose gardens and public art. The applicant is also proposing two
pathway connections to the ten foot pathway in Settlers Park along the south boundary.
Along the north boundary and the east boundary is existing fencing that was
constructed with Cedar Springs as well. That is not proposed to change. And along the
west boundary and the south boundary the applicant is proposing four foot tall wrought
iron fencing. Parking for this site will have a total of 76 parking stalls. Seventy-three of
those will be covered, consistent with the UDC. Here are the elevations that the
applicant are proposing to you this evening. All of them will have the same structure,
same size. They are roughly 4,000 square feet. A 2,000 square foot building. So
basically 2,000 on the first floor, 2,000 square feet on the upper floor. Pretty consistent
to the existing homes in the area. Mix of materials include cedar shake siding, some
vertical lap siding, decorative corbels and some stone accents. Staff's analysis. We
have -- if you look at the front porches and the outdoor seating areas, the patios for the
structures, you will notice that the columns are very narrow. Staff has conditioned the
applicant to enhance that decorative element, add some stone pilasters along that to --
to beef up the decorative aspect of the building. The applicant was in agreement to do
so. I'd also point out to Council that this project is conditioned to have a minimum of
three building -- three color schemes in the development, two body colors, and one trim
color consistent to what you see here as well. As I mentioned to you earlier, Planning
and Zoning Commission did recommend approval at their July 19th hearing. Speaking
in favor was Becky McKay, the applicant's representative. Multiple folks signed up and
testified in opposition of the project. On your hearing outline this evening I have a list of
those for you. I'd also let you know that prior to P&Z hearing staff did receive a petition
of over a hundred signatures from the adjacent neighbors in opposition of the project as
well. Several items of discussion at the hearing were discussed by Planning and
Zoning Commission. The first being subdividing the property. Some of the discussion
stemmed around if these units would be sold off individually to separate investors.
Other issues stem from parking regarding Settler Park events. Planning and Zoning
Commission wanted to insure that there was a pretty solid maintenance agreement in
place that this -- this appears to be a high quality development adjacent to one of the
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August 28, 2012
Page 8 of 51
city's nicer parks and they wanted to make sure that the applicant does conform to that
requirement in the UDC. Excuse me. And the following -- the last item was
compatibility with the adjacent residential subdivision. It was their opinion that it did
comply. Looking at the scale, the bulk, the height of the structures, they felt that this
was an appropriate use for the property and that it fit in well with the park and the
surround residential neighborhoods. Based on those findings the Commission did not
have any other recommended changes to staffs recommendation. Since the P&Z
hearing staff has received written testimony from one person Joy Smith. Again, she is
in opposition. Her letter basically discusses the density of the development, the
requirements of the CC&Rs that are in place. There seems to be some discrepancies.
The homeowners believe that the previous developer did not disclose the requirements
for this property and, finally, the same goes with the rezoning of the property. At the
time that this property was rezoned in 2004 there weren't really a lot of homes in the
area and so the developer did control a lot of the buildable lots out there. So, even
though they were noticed -- they -- excuse me. They did the proper noticing on the site,
most of those owners were the developers. From what I can tell looking at the aerial
moving forward. So, other than the neighborhood opposition this evening, staff believes
there are no other outstanding issues before you this evening and at this time I would
be happy to answer any questions you have.
De Weerd: Thank you, Bill. Council, any questions at this time?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, you mentioned the DA of 2002 was for the original R-4 zoning. Did the
DA not reference anything other than the streets? Didn't it reference that it was a parcel
and so many acres and it was zoned R-4 and all of that sort of thing and it's not been --
it's not been amended. It wasn't amended in '04. So, what I'm struggling with is how
can you have a DA that is invalid and a rezone in 2004 that's valid? Help me
understand that before we go any further.
Parsons: Councilman Rountree, I will try to do my best for you. Looking at the
development agreement you are correct. Under the uses in the agreement it states that
it's annexation for a preliminary plat of a certain number of lots. At this time -- but it also
stated that it would -- the subdivision would happen and that those things would -- the
concept wasn't clear at that time. So, really, the only provisions that were in place in the
recorded DA was, again, a conceptual layout -- a street layout basically what they
showed on the preliminary plat and I tried to track down the plat on this project and I
couldn't ascertain whether or not this was subdivided with that -- I mean I know it was
part of the annexation, but it was never clear if it was part of that plat or not and so
based on going forward we felt that a DA modification wasn't necessary and that's -- but
it's -- we would like -- and I think that's some of the analysis that was in the previous
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August 28, 2012
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staff report for the rezone as well -- is that they would just let the zoning and the
conditional use control the use of the property and, therefore, did not recommend that
as well.
Rountree: Still not sure I understand, but we will move on and see how it plays out.
De Weerd: Yeah. I guess I'm struggling with the zoning part -- that it was zoned at the
time of the annexation as an R-15?
Parsons: Madam Mayor, it was not. It was zone R-4 with the annexation.
De Weerd: So, why isn't this being requested for a rezone then?
Parsons: In 2004 it --
De Weerd: Has it expired?
Parsons: No. Madam Mayor, Members of the Council, in 2004 the applicant -- a new --
a different applicant came forward and asked for the rezone to R-15 and, then, it went
to a plat and a conditional use permit to develop an assisted living facility and those
plans did not transpire and, therefore, as you know, the rezone doesn't go away, so the
zoning remained in place with the R-15 zone, but the plat and the conditional permit for
the assisted living facility expired. So, that's why we are left with this 2.4 acre remnant
piece that never got final platted, but the zoning is in place today. And Council at the
time did not require -- or staff at the time did not require --
De Weerd: The DA modification.
Parsons: The DA modification with a rezone.
De Weerd: Okay.
Parsons: Like we typically do now.
De Weerd: I think I get it now. Mr. Zaremba
Zaremba: Madam Mayor. I think I'm pretty much on the same subject. I have a
discomfort with rezoning something for a purpose and, then, finding out that that
purpose isn't a requirement. This is similar to the one we had on Ustick a few months
ago where it was originally annexed as an R-4 and at the time that it was rezoned there
was a purpose that it would be an assisted living, the same as this one, and the reason
for rezoning it to R-15 was to allow the assisted living unit, which to me would still be
acceptable and I -- if our ordinance is such that you don't, then, have to do an assisted
living on an R-15 once you have changed it, I think we need to get into our ordinance
something that says it would revert to the original -- my feeling is that this is not going to
be an assisted living, it needs to be R-4. Not that I'm exposing my opinion to begin with,
Meridian City Council
August 28, 2012
Page 10 of 51
but that's where I come from and I believe that's sort of a decision we made on the one
on Ustick was that it needed to stay that way. So, I guess what I'm suggesting is that
we need to have a review of that provision that would tie the purpose to the rezone and
perhaps invalidate the rezone if that purpose doesn't happen and I guess that's what a
DA is and in 2004 nobody put that in the DA.
Parsons: Correct. Madam Mayor, Members of the Council, you stated that perfectly.
On that property you are correct there was a DA. In that DA it said if it did not develop
with an assisted living facility it would have to develop at densities consistent with the
R-4 standards. In this particular case we have zoning in place, no DA that said that and
that's probably the biggest difference is there is no DA that can be reverted back to the
R-4 zoning.
Zaremba: Thank you.
De Weerd: Anything further at this point for staff? Okay. Would the applicant like to
come forward and make their -- if you will, please, state your name and address for the
record.
McKay: Becky McKay, business address 1029 North Rosario, Meridian.
De Weerd: Thank you.
McKay: I'm with Engineering Solutions and I'm representing the applicant in this
particular application. This is one of those rezones that took place obviously prior to the
UDC being adopted back in 2004. As Bill indicated, initially when Cedar Springs came
through in 2002 with its initial annexation and R-4 zoning request I remember one of the
-- when it originally came it had a collector roadway that was here and came -- and,
then, it kind of went up. The staff at the time -- and I think the Parks Department asked
the developer to redesign this particular project, they felt it would be more important to
incorporate Cedar Springs into the regional park and have the collector roadway
exposed to the park, so it created more of an interface and didn't just create a complete
wall of single family lots all along the north boundary of Settlers Park. Then kind of what
transpired was Mr. Howell and Mr. Murdock came back in in 2004, they came in with a
site plan that had an extremely large assisted living building on it. It also had 13
independent units. I think, Bill, do you have that on your -- Bill has a copy of that on the
overhead. So, they had a total of 40 units. That's what was submitted with the rezone
and at the time the Council rezoned the property to R-15 they made the findings that
due to the fact that it was located adjacent to a regional park that the R-15 multi -family
zone made sense, the fact that the property was adjacent to a minor arterial and located
along a collector roadway and the fact that it was isolated from Cedar Springs. So, as
you can see this is Ashby Drive. It's a collector roadway up to this point and, then, it
transitions into these local streets. This particular 2.4 acre remnant parcel has one
approach to Ashby and, then, no direct lot access whatsoever on Meridian Road. One
of the things that we looked at with this project was -- was, obviously, the transportation,
because that's always important and in looking at this particular section here you see an
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August 28, 2012
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entire mile section, we have Ustick, Meridian Road, McMillan, and Linder. So, what
they did initially when projects started coming in in the early 2000s is they had Summit,
which was a noncontinuous collector, monument and Ashton and Venable and, then,
this Ashby terminated right here and, then, just transition in this local street and, then,
came back up and connected with Aston. So, it functioned more as a -- kind of a
secondary collector. The school site is located here on Venable. This is the half mile.
That is a location that is designated for a future signal when it meets its warrant. So,
one of the -- one of the critical factors that we looked at was, obviously, compatibility,
trying to mesh with the existing neighborhood, obviously, compliment the park, and to
provide some density in this particular area. Meridian Road and Ustick are designated
as a transit corridor in your Valley Regional Transit report. So, obviously, we see that at
some point in time, hopefully, as the city grows we will see some type of public
transportation in this vicinity. Now, one of the things that we look at now is getting the
densities to the point that regional transportation makes sense. If you look at Smart
Growth, you know, they talk about we need a minimum in these areas of at least eight
dwelling units per acre in order to make it cost effective and so, you know, we have kind
of taken a different look at planning over the past ten years and instead of segregating
uses now we try to integrate these uses. One of the -- one of the things in our design --
we had five different designs. We had two different buildings. We had two different
neighborhood meetings to try to get input from the adjoining residences. The key thing I
think that the staff and my client wanted to make sure is that we kept the bulk down.
One of the designs that we had was a larger building, but it appeared to be just too
bulky. These are two story. They are 29 feet in height. They have doors on every side.
They are more like a townhouse. They are not a traditional four-plex where you have
two up and two down with the very unattractive stairs that go in the middle. These are
more like what we call a big house concept. I like them, because you have got a lot of
modulation to the exterior. The roof lines and the building styles are very similar to a
single family dwelling and that's why they call them a big house concept. The other
critical thing that I saw was -- little -- the other critical thing that I saw was creating a
view corridor to the park. When -- when people come by the approach what do they
see. We wanted to make sure that that view corridor was protected. We have a rotary
here with flowers and either a sculpture or a -- Bill, it's not cooperating with me. There
we go. A sculpture in the middle. We thought that that would be more decorative. We
wanted to internalize all the parking. So, the key concept worked great, because the
parking was all internalized within the project. What you see are the buildings. We
have a 20 foot landscape buffer that's existing along Ashby that was installed with the
Cedar Springs development and, then, they have a buffer -- I think it's 30, 35 feet along
Meridian Road. Our perimeter setbacks are from our boundary, not from their buffers.
One of the other critical things we looked at was interconnectivity to the multi -use
pathway. This is an existing multi -use pathway within Settlers Park. We have two
points of access. We are proposing that we have a four foot wrought iron fence around
the periphery with two gates to define the private space from the open space. Here is a
copy of the buildings. We have three different color schemes. They are all, you know,
residential type colors that you would see within the development. They are gray,
green, and, then, kind of tans and browns. As you can see we have varied roof lines
when you look at it. What that does is it makes the building, obviously, look like a house
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from every side. Every side looks like a single family dwelling. There is a green one
there. These remnant sites are difficult. Anytime we have a remnant that's the last
thing to develop it always creates a problem and for some unknown reason the most
intensive use is always the last to develop because that's just the way it is. And, then,
we have residents who, obviously -- you know, were not aware that the property was
zoned R-15. They -- they are not happy about a multi -family use. But when we -- we
talk about multi -family uses where we are going to put them? I thought we want to put
more density next to the park, because there you have the open space. I have a project
in Boise city that just went through the hearing process here a few months ago called
the River's Edge. It's a five story podium type parking building for student housing right
on Royal Boulevard, abuts Ann Morrison Park, abuts the greenbelt and that particular
project I never seen such a welcome mat come out from the city of Boise because they
said, you know, there is public transportation for the students and we have pathways,
we have a park, that's exactly where we want to see our density go. So, you know, like
I said, we are taking a different look at planning nowadays and we are trying to balance
out the residential and not segregate it like we used to. Lastly, I think I wanted to talk
about the parking. We do have 76 parking spaces. The requirement is 72.
De Weerd: We need to wrap up.
McKay: Yes, ma'am. We have ample parking. We have over an acre of open space
and pathways within the project that far exceeds what the code requires. We feel that
we have brought forward a very nice project and we ask the Council to -- to please
consider it and approve it. Do you have any questions?
De Weerd: Mr. Rountree
Rountree: Madam Mayor, thank you. Becky, staff indicated some concessions or
desires on their part. Are you in agreement with the recommendations they made?
McKay: Yes, sir. We are in full agreement with all staff conditions.
Rountree: Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I think staff mentioned that the parking would be covered. I don't see that
depicted. But are you in agreement with that?
McKay: Yes, sir. We have provided elevations of the covered parking. Yes, sir.
Zaremba: Okay. The other thing I'm not seeing on this depiction is a maintenance
association storage facility. Is there something like that there?
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McKay: Yeah. It's my client's intent that this -- the first unit that you come to it will have
an on-site manager. They will, obviously, live there 24/7, keep an eye on the place,
assist with, you know, renting the units. It's the intent that these will be high end or
around 1,100 square feet and they want to provide that upper echelon that want to live
next to the park and so that on-site manager would contract with a management
company and they will have maintenance agreements. As far as how the landscaping
is taken care of, my client said he wouldn't even object to -- obviously, you know, even
contracting with the same landscape company that the Cedar Springs HOA has, so that
it was, you know, mowed consistently and so forth. So, that -- with the size of the
project a rental office just doesn't make sense. We have 36 units.
Zaremba: But the maintenance materials and stuff need to be stored someplace. Is
that -- I'm not sure I heard the answer to that.
McKay: Yes, sir. What we have is in this building there will be a storage area -- every
building has enclosed bike storage areas and this particular unit would have an
enlarged area where they would have, obviously, necessities required to properly
maintain the facility and my client lives in the City of Meridian and he's going to be
building the buildings and this is part of his retirement plan.
Zaremba: Okay. Thank you
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Becky, could you show the preliminary plat and -- brought that up yet?
McKay: Yes, sir.
Rountree: There are two buildings per lot with the exception of I ended up with one
stray building on one lot and the purpose for the plat was because of financing
purposes, the banks wanted some separate lots, and the other thing was the property
has to be platted because it's a remnant. They never platted it. Platted it that is.
Rountree: So, by this plat the internal access from Ashby, once it leaves the curb cut, is
private? Is that the intent?
McKay: Yes, sir. Yes, sir.
Rountree: Okay.
McKay: And I think the staff wanted us to delineate that clearly on the plat as far as all
the cross -access for the parking and access and it will overlap, obviously, lot lines.
Rountree: Okay. Thank you.
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De Weerd: Mr. Hoaglun?
Hoaglun: Becky, if you go back to the -- slide three. Or that was -- whichever one --
yeah. I was trying to read here. Play area. That is the tot lot that is right there and they
have -- it's typical -- what does it have there in that tot lot? It's just --
McKay: It would be play equipment and, then, we have like a parents' bench located
there for, you know, just internal play for the kids and, then, we have two rose gardens
and, then, we have public art and, then, we also have an outdoor bike rack.
Hoaglun: And the trash -- are those two things right there, the enclosed --
McKay: Yes.
Hoaglun: Okay.
McKay: Yes, sir. Those are enclosed and it made the most sense, because of
accessibility. This does meet the fire department's inside and outside radius turnaround
and we thought that would be most convenient for the sanitation services for pick up.
They just come in through the rotary.
Hoaglun: Okay. That answered one of my questions I had as well. And you had said
when they were looking at the assisted living -- it was a 40 unit assisted living facility?
McKay: Yes, sir. They had -- they had a site plan that had one large building and I
believe it had 27 assisted living units, but, then, I think in the conditions they talked
about that they would be independent -- or self preservation I think units, meaning that it
wouldn't be a nursing home but more be --
Hoaglun: Independent living.
McKay: -- independent type living and, then, they had 13 townhomes that were a part
of that and I did -- I did bring a copy for the Council. We did outline the buildings, so
that the Council can see -- I believe, Bill, do you have that?
Parsons: Becky, I don't.
McKay: You don't?
De Weerd: If you want to give it to Bill he can put it up on the --
McKay: This was the site plan that was submitted September 24th, 2004, to the City of
Meridian. As you can see they have this large building here. Trying to scale it. It's not
quite to scale, but based on it being close, this was over 200 feet in width and, then, this
length was 270 feet. So, it was quite a large structure. Excuse me. They had a parking
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August 28, 2012
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lot in this location and, then, these were the independent living units that they talked
about, the 13 units. And, then, they had some exterior parking. So, as you can see
there was, you know, very little open space. No elevations were provided that we could
find. I assume, based on the size of this building, that that was one level, because it's
pretty good size. It had -- it talked about it had these two plaza areas in the middle of
the building, but other than in detail it wasn't -- we didn't see that the staff or the Council
asked for that information.
Hoaglun: Thank you, Becky.
De Weerd: Okay. Any other questions at this time from Council?
Rountree: I have none.
De Weerd: Okay. Okay. I do have a sign-up sheet from those that have indicated their
position on this. When I read your name and at some point, since I can't read some of
them, I'm going to guess and I don't want to offend anyone, so if my guess is wrong you
can correct me. I will state for the record if you're for or against. If you would like to
provide testimony at that time I will invite you forward and at the conclusion of the public
testimony the applicant will have an opportunity to have final remarks and respond to
any questions that came up during the testimony. So, Joy Smith is the first one that
signed up. She signed up against. Okay. Okay. Please state your name and address
for the record.
Smith: Yes. Joy Smith. 3635 North Staunton Place, Meridian, Idaho.
De Weerd: Thank you very much.
Smith: As I submitted earlier previous to this meeting I'd like to read what I submitted.
We live in Cedar Springs Subdivision. Howell and Murdock Development Corporation
were the developers of this subdivision. We were informed the developers are the
people that write the HOA guidelines. Mr. Howell's signature is on the HOA guidelines.
We find it very interesting how they were written and mentioning Lot C is zoned for R-4,
office, school, business, single family homes. Then we find out later signing and
moving in that it was zoned R-15. In speaking with a number of neighbors they were
never informed of the changes in the rezoning and the ones that were notified said they
didn't have a problem, because it was stated it was rezoned for retirement -type living,
but they would have disputed the rezoning. There was never an attached addendum for
the HOA guidelines, which we have to abide by and pay for. You would think that one
would have some ethics and compassion and update the HOA guidelines and contract.
We hope that these concerns will be taken into consideration before approving the
project to go forward. Medium high density is also a major concern due to our
protesting of existing homeowners. We purchased this home due to the fact our realtor
informed us the lot was zoned for small business, commercial use, and/or school and
possible single family homes. She never mentioned any zone change, nor does the
HOA guidelines. We would have never bought here if we knew then what we know
now. If we wanted people looking down in our backyard or our neighbors we would
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August 28, 2012
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have purchased a home accordingly, let alone 36 multi -family housing units behind us.
Building such type housing in a park shouldn't be an option, especially when the
developer got it rezoned for assisted living, independent living in mind. Or was this the
plan all along. Again, developers went about this in a deceitful manner. Interesting
what wealth and greed can do. We are advising homeowners within proximity of the
property the zoning should not and should not be valid. It was done improperly.
De Weerd: Mrs. Smith, I'm sorry, you will need to wrap it up and just for your
information we have your record -- or your letter on the record.
Smith: Okay. Thank you.
De Weerd: We did have access.
Smith: Kind of let everybody else hear it if they didn't get to read it, but thank you very
much.
De Weerd: Okay. Thank you. Dennis Kramer signed up against. Yes. If you will,
please, state your name and address for the record.
Kramer: My name is Dennis Kramer. I live at 3790 North Greenwich Way, Cedar
Springs Subdivision.
De Weerd: Thank you.
Kramer: Thank you. Madam Mayor and distinguished Members of the Council and
guests, I'm here tonight because I have a concern where I'm living. I have lived there
almost seven years in that wonderful subdivision and also like the fine lady that just
spoke ahead of me, I -- I would have never purchased my property there and have
300,000 dollars in cash investment in my home if I would have known a rental situation
was going to accrue in my subdivision, so I'm against this from the beginning since I
heard about it and I hope we can revert this to just the wonderful subdivision that it has
always been and it will always be next to one of the greatest parks in the city. So, thank
you for my time.
De Weerd: Thank you. Eric Smith signed up against
E.Smith: Hi. How are you?
De Weerd: I am very good. Will you, please, state your name address for the record
E.Smith: Eric Smith. 3635 North Staunton Place, Meridian.
De Weerd: Thank you.
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August 28, 2012
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E.Smith: What I'd like to make mention of -- and I'm not sure if you guys have had a
chance to take a look at our CC&Rs. We have a whole booklet that according to us
moving into our home six years ago when we moved in, we are to abide by all the rules
of our CC&R. I'm not sure if that's something any of you have had a chance to look at
the copies of what we are -- what's expected of us is community members of Cedar
Springs Subdivision. If you haven't I would be happy to get you a copy of everything
that we are -- we are to uphold on our end as homeowners. We have a whole stack of
rules and regulations here and one of them is -- is the most important, which is why we
are here, both my wife Joy and I, is that -- to our realtor we had moved in our biggest
concern was what's going on with the lot behind our home, which happens to be this
one. It's directly behind our house. I have a copy of Exhibit -- Exhibit C, which was
given to us, which shows at that point seven separate lots and as you know by now
these rule and regulations were written and signed by Mr. Howell back in 2002. We
moved in in November of 2006. Since then these have never been amended and what
they make reference to is what is going to be built on that lot and what we are to look
forward to, which is -- had everything to do -- we looked at 25 different homes before we
chose this one and it had everything to do with both my wife and I's decision of
purchasing this particular home because of the location and what it makes mention of
here in the -- in the covenants is notice of development of later phases of Cedar Springs
Subdivision. It makes mention a depiction of the preliminary plat of Cedar Springs
Subdivision is attached hereto as Exhibit C and if I can get you guys a copy at some
point I would like to show you Exhibit C, because it makes reference to possible
businesses, when they are making reference to this in particular lot, possible phase four
business lots and it's segmented into seven separate lots, which appear to be single
family home lots and it also goes on to make mention notice is hereby given to all
homeowners that this configuration is subject to change and that future portions of this
subdivision, if developed, may be developed differently. And I notice that Becky McKay,
in her closing statements at the last meeting, made mention that in here it makes
mention that he can do whatever he wants and when I make mention to he, I make
mention to Mr. Howell who signed these, who is developing this property, what it makes
mention to is that the configuration is subject to change on Exhibit C and it labels
everything in here that might possibly be built and it has everything to do with what's
allowed under R-4 zoning.
De Weerd: Mr. Smith.
E.Smith: There is nothing here that's allowed under R-15.
De Weerd: Mr. Smith.
E.Smith: We got single step -- I'd like to get you a copy of this so you can review this on
your own before you make your decision. I would be happy to give you this one if you
like, because we have a contractual agreement that we feel like if you guys step in the
middle of and make a decision I think it's very important that you don't supersede the
agreement that we already have that I seem to think somebody needs to pay tribute to,
since we are paying tribute to our end.
Meridian City Council
August 28, 2012
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Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I have a question for --
E.Smith: Yes.
Hoaglun: -- the attorney -- for Bill Nary our city attorney. Bill, the CC&Rs, as I
understand I -- and correct me if I'm wrong -- that is an agreement between the property
owners and developer and purchaser of properties in that subdivision. Does the city
have any -- is that a private agreement and the city has no enforcement action, nor any
other type of involvement in that?
Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, that's correct.
The CC&Rs are a private agreement between the property owners and the developer or
the HOA that's existing subsequent to the developer, but it has nothing to do with the
city. The city really can't pay deference to that agreement that really is -- there is a
redress in that agreement between the property owners and developers and they have
the legal means to address it. But whether the property owner or the developer comes
and rezones property or creates a request for an application such as this, that if the
property owners believe violates their HOA requirements, then, they need to take that
private regress themselves through the courts. That's not anything the city's really in
the middle of. The city's relationship here is with the developer or -- and with the
request that's being made and its codes and our ordinances that govern that and
nothing to do with the HOA or the CC&Rs that exist.
Hoaglun: Thank you, Bill.
E.Smith: Well, excuse me if I might -- and I know my time is up, but didn't they have to
submit CC&Rs before they could adequately develop that subdivision to the city?
De Weerd: No.
E.Smith: Okay. Well, now you know that we have a commitment that's not being met
on their end and we have met all of our commitments. If we don't meet ours we get
liened, we get fined 2,500 dollars, if we leave our trash can out we get tagged, you
know, we can't move sideways without abiding by every rule and regulation that's in
here, there is only one and he happens to be the one who wrote these CC&Rs --
De Weerd: And Mr. Smith. And we have heard that before and as our attorney said
that's a contract between you and your -- the developer at the time and now your HOA
and I can tell you it's not comfortable sitting in this seat hearing how many people said
our realtors didn't tell us that and oftentimes the realtors don't know it either, because
they see what you're seeing and there is very little we can do about that.
Meridian City Council
August 28, 2012
Page 19 of 51
E.Smith: But are you still wanting to do business with someone that can't keep a
contract with a community member of this city? I mean we hire you guys, right? Don't
we all pay -- I mean you guys don't pay me. I think I pay all of you don't I?
De Weerd: Mr. --
E.Smith: At what point am I represented by anyone other than getting into my wallet
and having to represent myself with thousands of dollars against someone who is taking
advantage of me.
De Weerd: Mr. Smith, I guess alls I can recall I can say is this is someone that owns
property in the city and they are asking to do something that is allowed within the city
and so what the Council needs to decide is if that fits our plan, the area, and those kind
of things and that's why we do have the public hearing and the public forum.
E.Smith: If you were in my shoes how would you handle my situation? Would you go to
-- would you go to court on a separate issue altogether to handle this situation?
Because I'm not going to take this lying down. I got every last bit of my money tied into
this house. I got to say I have had --
De Weerd: Okay. Sir, I'm sorry, but your time is up and I do understand your
frustration.
E.Smith: But her time's not up. She can close. She can say whatever she wants as
long as she wants. Not to be disrespectful, but I'm a community member here. I'm
really tired of this. Just so you know. Please help me. Please help us all. There is a
lot of people that didn't show up, because they didn't feel like anything would be done.
De Weerd: Sir. I'm sorry, I'm really trying to be polite and respectful and I need to ask
you to as well.
E.Smith: Thank you very much.
De Weerd: Thank you.
E.Smith: Please consider my -- my -- what I have to say. Thank you.
De Weerd: Thank you. Marcel Bujarski. I'm sorry. I was just a little bit rattled I think.
If you will, please, state your name and address for the record.
Bujarski: Marcel Bujarski. 522 West Welch.
De Weerd: Thank you.
Bujarski: Becky has done a very good job of selling this. I commend her for that. And it
sounds really good and I have no doubt the present developer would keep it up the way
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August 28, 2012
Page 20 of 51
you want it kept up, the way we want it kept up, the way he wants it kept up. But it's my
understanding that this is divided into five lots, they can sell one, two, three or four -- is
that correct? That they can sell off a lot at a time. To anybody. To me. Mr. Hoaglun.
Anybody who wants to buy that building. Is that correct? Okay. What rules then apply
for that new person to maintain his 1/5th of the plot? Thank you.
De Weerd: Thank you. And we will ask that in the wrap-up remarks. Okay. Margo. If
you will tell me how to say your last name.
Comoroski: Comoroski
De Weerd: Comoroski. Thank you. You are signed up on this paper against and if you
will, please, state your name again for the record and your address.
Comoroski: Sure. My name is Margo Comoroski. Our address is 3804 North Alexis
Way, Meridian, in Cedar Springs.
De Weerd: Thank you.
Comoroski: I have done my share of research about this whole thing. I do concur with
your attorney. If we are investigating city, county, and state laws, there are none that
have any enforcement authority on HOAs. But the city did have a DA and did have an
agreement on R-4. We have lived there since 2003. We purchased with that
understand, knowing full well what was going on. Did not know about the R-15,
because we were not informed though we are part the community. What makes it
allowable for the city to go, oh, well, we forgot to do something and we don't have to
follow through now, we can change it around and make it accommodating for whatever
else comes along. That's not fair for any of the ordinances that you guys pass.
Because we expect consistency from you guys. And so I implore you as a Council and
Mayor that you would revisit that and look at that zoning issue, because this has
changed incredibly different from what all of us understood it to be. Thank you.
De Weerd: Thank you. I think it's Annette Munsey or Morrow. Signed up against.
Okay. thank you. Chuck Herling. Signed up against. Thank you. Walter. Herbett.
Yeah. Herbert I had no idea what the first name was. I guessed. It's William?
Herbert: Yes.
De Weerd: And you're signed up against. Would you like to provide testimony?
Herbert: I just want to add a comment.
De Weerd: Okay. Sir, if you will, please, come up to the -- to the microphone so we
can get you on the public record.
Herbert: That's fine.
Meridian City Council
August 28, 2012
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De Weerd: If you will state your name and address for the record
Herbert: Yeah. I'm William Herbert. I'm president of Cedar Springs Homeowners
Association and I live at 3641 North Barron Way, Meridian, Idaho.
De Weerd: Thank you.
Herbert: And I just have a couple of quick comments regarding the Cedar Springs -- the
Mulberry apartment application that's being processed by you guys. The only issue that
stands forth -- and this has been passed on to me by a lot of homeowners there in -- is
the entrance off of Ashby into the area where the apartments will be located and that's a
safety issue and I hope you will look at that, because I think that's a very serious -- there
is only one entrance as you see on the screen there. There is going to be a lot of traffic
from Meridian Road into the short approach to the entrance into that location and there
will be a lot of traffic, so I hope that you will look at that, because there will be I'm sure a
lot of kids living there, there was a lot of kids that live in the subdivision now that have to
get to school buses, et cetera, and I think it can be a very strong safety issue. So, I'd
like you to take a look at that and I will pass that onto you. Thank you very much.
De Weerd: Thank you.
Zaremba: Madam Mayor. Sir?
De Weerd: Yes.
Herbert Sorry.
De Weerd: Mr. Zaremba
Zaremba: Since you're chairman of the homeowners association I'll ask you an opinion
that may apply to everybody. If for some reason this property were able to be
incorporated into the park and became mostly a parking lot, would that be an
acceptable use of that piece of property?
Herbert: I think it would be perfect.
Zaremba: I'm not saying that's possible, but I'm just wondering for sake of discussion.
Herbert: I think it would a good design, to be honest with you. I really do. With the
proper application and control I think it would work out very well. Yes, sir.
Zaremba: Thank you.
De Weerd: Okay. Augusta McGowen Haffe. Please come forward. Signed up against
Thank you. If you will state your name and address for the record.
Meridian City Council
August 28, 2012
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Haffe: Augusta McGowen Haffe. 3762 North Anton. I have lived in the neighborhood
approximately three weeks and unbeknownst to me -- and hindsight is 20/20 -- I
purchased -- my husband and I purchased this property because it was a quiet
neighborhood. Finding out that the 36 units with 76 parking and higher density, more
kids, I was very very disappointed in what I had done. I do feel that you do need to
revisit the zoning on this, because it's looks like almost a piecemeal zoning and as our
homeowners association president stated, traffic will be a serious issue right there. We
have two schools. You have the Heritage and, then, you have Rocky Mountain real
close and those are thoroughfares for kids to get back and forth to school and adding
more into there would be frightening and a park and apartment complexes just don't mix
in my opinion. Thank you.
De Weerd: Thank you. Harold Green something. Greenway. Please come forward.
Signed up against. If you will, please, state your name and address for the record.
Greenway: Harold Greenway. 3762 North Staunton Place.
De Weerd: Thank you.
Greenway: My wife has previously spoke. We just purchased the home. Haven't even
made the first payment yet and this is going on and in reference to what Ms. Becky said,
you know, about what went on Boise. This is not Boise, Idaho. I just moved from here
-- there and am proud to be in Meridian thus far. But very much blindsided and like she
said very disappointed on what we just moved into and the sign hasn't even been down
a month, you know, that the place was sold and, I don't know, got the feeling I'm
thinking maybe it should be Jackpot, Nevada, because I'm going to be walking away
minus a little. Thank you.
De Weerd: And Madenda -- Adena. Sorry. Okay. Signed up against. Brian Werning
signed up in favor. If you will, please, state your name and address for the record.
Werning: My name is Brian Werning and I have a house at 3209 North Alexis Way.
De Weerd: Thank you.
Werning: I wasn't planning on speaking, but since I'm probably the only one here that --
that says I'm for it, I thought I better at least give you some reasons why I think that I'm
for it. This one gentleman -- actually, I had -- the only argument that I really had any
concern about and that was the possibility of it becoming an investment -type property
and having individually owned units, if that's the case, if that's possible. Just a little
history on me. I do For Rent Magazines, so I deal with, you know, over 150 different
apartments communities in the valley and I think that this is a pretty nice looking layout.
I do not have any concerns with, you know, the additional so-called traffic through the
subdivision. I see people turning in there and into the apartments and, you know, taking
the short way out back onto the main streets and they are not really causing any
additional traffic onto the subdivision. I don't think that it's going to be an issue of
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people looking over fences and those kind of things that I'm hearing, but the legitimate
concerns of living up to an HOA or whatever might be in place when the community is
finalized, that would be my main concern. That, you know, something's put in place so
you have one -- one entity over the whole community and that they are living up to
some kind of rules that we put into place and tend to be maintained by multiple owners
if that's the option. So, other than that I know, I think that -- with occupancy rates
pushing 98 percent that there needs to be some options for multi -family housing and
because of the rents I think that it's going to be a little higher clientele and I don't think
that anybody is going to be able to tell the difference between, you know, a few more
kids running around, you know, that aren't already at the park. So, I'm for it at this point.
De Weerd: Okay. Thank you. Michelle Wilson. Signed up against. Good evening. If
you will, please, state your name and address for the record.
Wilson: It's Michelle Wilson at 3826 North Greenwich Way, Meridian Idaho
De Weerd: Thank you.
Wilson: I'm not good at speaking, but --
De Weerd: That's fine.
Wilson: But my son and I fish at that pond a lot and it's one of the nicest parks in
Meridian that I have been to and I choose to fish at that pond, because it's quiet, there is
-- you know people that walk by, they are with their dogs -- it's not a big building there
with people staring out their windows, their music playing, you know, I run ahead and
my son catches up. I wouldn't be able to just walk with him and just him go by myself,
because it's going to be two entrances to the park, better entering into -- I mean into
those apartments. You know, she said it's going to be a really pretty art when you drive
by and see -- well, when I drive by and I look and I just see cars and, then, I see -- you
know, I see a trash can and I see a bike rack, I see -- you know, all those things are
right there when I drive by and that's not what I want in my community. He talked about
what would it be if there was a parking lot. Well, yeah, if there was a parking lot there
would still be all those cars and it would still be, you know, a lot of traffic right there, but
it would be -- you know, after everybody is home from work getting their kids to a sport
or it would on a weekend, it wouldn't be when our kids are walking home from school or
to school. You know, that far would be okay, as far as traffic goes, because it wouldn't
be in the congestion. It takes me 20 minutes to get from my house to the freeway.
Fifteen if I'm lucky. And adding 72 more cars during those times that I'm traveling I'm
sure that they have to work if they are going to be affording, you know, what they say
they are going to be paying in there. So, I know that it will be added to my traffic time
and I just don't think it's a very good idea and I hope you guys consider all those things.
De Weerd: Thank you, Michelle. Terry Burnfield. Signed up against. Okay. Thank
you. Those are the people that have signed up. Is there anyone else who would like to
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provide testimony on this application? Okay. Well, at this time, then, I would invite the
applicant up to have concluding remarks.
McKay: Thank you, Madam Mayor, Members of the Council.
De Weerd: If you will restate your name for the record.
McKay: Oh. Becky McKay.
De Weerd: Thank you.
McKay: Thank you. I did go through the original DA that was, obviously, the first thing
when we took a look at this particular project that Mr. Alexander brought us. The DA
dated back to 2002. It was your language. In 22.1 it talks about no condition governing
the uses or conditions, governing development of the property herein provided, can be
modified or amended without approval of the Council. After the city has conducted
public hearings in accordance with the noticed provisions provided for a zoning
designation and/or an amendment in force at the time of proposed amendment. So,
you know, my interpretation of that -- and, obviously, you have your legal staff to guide
you -- is that at the time that the R-15 rezone was submitted they utilized this provision
and they rezoned it R-15. The contract zoning was for the original R-4 zoning. So, this
is a strange situation. I haven't faced it before, because typically when we are working
on projects we have development agreements that are in place with the zones. This
one, obviously, took place years ago. There is a reason that this property sat there for
for ten years and didn't develop, because the right use hadn't come along. Obviously,
they kicked around the assisted living, but the assisted living went on the southwest
corner of Ustick and Meridian Road. I also had a chance to look at their covenants,
because, obviously, that was one of the things brought up at our neighborhood
meetings. Mr. Howell and Mr. Murdock, in here under 1.3 of their CC&Rs that they
were giving notice of development of latter phases and it said notice is hereby given to
all owners that this configuration --
E.Smith: I object.
McKay: -- is subject to change, that the future portions of the subdivision, if developed,
may be developed differently.
E.Smith: I object. That's not what it says.
De Weerd: Okay. Sir, you're out of order.
McKay: I'm reading this and it talked about that they were under no obligation to
develop in later phases and it talked about that they may be developed in some form
commercial, office, retail, or other related business uses. And that in the event that
these -- this property were developed as single family, then, at that time they would be
annexed into this CC&Rs and subject to them. This particular property is at the corner
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of an arterial. We are talking -- there is between nine and 12 thousand vehicle trips per
day running up and down Meridian Road. Ashby is a bona fide collector. One of the
things that we are always concerned about with multi -family is what we call intrusive
traffic. Are we sending traffic down local streets and intruding into a neighborhood. If
you look at -- if you look at the map you can see that the neighborhood is all to the
north. This is an isolated segregated parcel. The traffic is not intrusive. It's coming
onto a collector. ACHD gave me current counts out there. There is between 500 and
368 counts on Ashby and Ashby is a collector. A local street carries a thousand trips.
We also looked at, obviously, the location of the homes and where are they in
conjunction with this property. If we look over here this is 125 feet from the edge of the
subject property to the homes. As far as is this going to be looming in the backyard --
it's separated by a landscape buffer on the north, a landscape buffer on the south, and a
collector. Under the ownership and maintenance agreement, the only reason that we
have this in the five lots and the two buildings per with the one odd lot is for financing
purposes. My client is going to contract. He has been meeting with different multi-
family contractors to correct this facility and the bank asked that -- that that was the best
way to do the financing. The whole project will be constructed, everything will be
landscaped as one. There is no phasing as far as the infrastructure, landscaping, and
amenities. It will all be put in and, then, he will build two buildings at a time and, then,
roll to the next.
De Weerd: Okay. I'm sorry, Becky, but you will have to wrap it up.
McKay: I will wrap it up. I guess if multi -- if this is not a good location for multi -family,
then, where should we put it? I thought this was where we wanted it. Thank you.
De Weerd: Council, any questions?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: This is a question for Becky and I think I may have Bill Parsons or Bill Nary
weight in, because Mr. Bujarski asked a very good question and that was this gets -- if
this gets developed and a portion is sold, what rules do govern how that is managed,
what that looks like, how it's maintained. Can you address that?
McKay: Yes, sir. Under the UDC it requires that we submit a maintenance agreement
that deals with landscape maintenance, amenity maintenance, exterior maintenance,
consistency of upkeep and et cetera. That document is recorded with the county
recorder. It goes with the property. Like I said, this is my client's retirement project.
He's been in the multi -family business for years and he's currently retired. I asked the
staff to provide me an example that they were happy with as far as that maintenance
agreement. I think they were kind of looking for some examples that would, obviously,
make sense here. This isn't a big project. It's so small. I'm willing to work with the staff,
work with the city's attorney to come up with language that the Council is comfortable
with. I mean this is a high end project. We want to make sure it stays that way. They
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are looking for the upper echelon of those rents. It's location, location, location and your
park is the driving force of why this is going to warrant higher rents and people that want
to walk, people that want the open space.
Hoaglun: Madam Mayor. Becky, if you could give a little more detail. You say it would
be filed with the county.
McKay: Yes.
Hoaglun: What protection does that give folks there if they see something that's amiss,
saying, wow, that paint's peeling, the lawn is not being maintained, what's their
recourse?
McKay: We -- obviously, that's going to be part of our city conditions that we -- that we
provide that document and so they would be in violation of the conditions. It wouldn't be
any different than their CC&Rs if a next door neighbor starts not maintaining -- you
know, isn't maintaining his yard or allows his trim to start peeling and looking poorly. It's
obviously in my client's best interest that he maintain this facility. I mean they spend a
lot of money on this -- you know, this is not -- this is an -- these are expensive buildings
to build and the amenity within the buildings will, obviously, warrant that this be of a
luxury type apartment. You don't let a luxury apartment run down, because, then, you
don't get the higher rents. Like I said, we have to have that condition. They could call
the city. The staff or enforcement. Hey, what's going on. You know, they have got --
they have got a maintenance agreement. They have conditions of approval, they are
not maintaining it. So, that would be the recourse. It's recorded with the property in its
entirety and I would be glad to work with the staff and the -- your legal staff and my
client's attorney, maybe get a draft where we start and come up with that type of a
maintenance document.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, maybe to add
to that as well, as we discussed earlier that the CC&Rs are a contract relationship
between the homeowners and the developer. The CUP is a contractual relationship
between the developer and the city. So, the -- for example, the Sagecrest Apartments
that are over off of Overland Road adjacent to Mountain View, virtually all of those
buildings are owned by different people, yet the consistency of look and fencing and
landscaping, mowing, all that are the same, because there is a maintenance agreement
that's recorded against the property, so not just filed with the county, but recorded so
that any subsequent property owner is aware of those condition requirements. With any
other CUP that the city may issue, whether it's for business in regards to their hours of
operation or their methods of operation or whatever, that the subject property is subject
to code enforcement and planning for notification when they are out of compliance with
those requirements and they are ultimately to be subject to coming back before the
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Council if they are out of compliance and refuse to get into compliance on whether it's
the fencing, whether it's the landscaping, whether it's the maintenance, whatever it is
with all those conditions can be incorporated into the agreement, which is required by
the UDC, recorded against the property so the current property owners or any
subsequent owners would be on notice of that requirement and, then, they are subject
to code enforcement from there.
Hoaglun: Okay. Thank you, Bill.
De Weerd: Any further questions for the applicant?
Bird: I have none.
De Weerd: Okay. Council, any further information needed from staff?
Hoaglun: Madam Mayor, question for Mr. Parsons. You had mentioned this earlier.
One of the people testifying brought it up that they didn't receive any notice when this
went through before when the other zoning changed. Have you found anything -- did
the city comply with all their zoning notice requirements at that time?
Parson: Madam Mayor, Members of the Council, I think during my presentation I did
inform you that the -- the only record that I went through was aerial photos. We have a
history to go through and it just kind of shows how the city looked throughout the five
year period and the 2003 photos show that these subdivisions were under construction
at the time that this rezone came forward. So, based on -- I don't know what the
noticing requirements were under the previous ordinance. Maybe Mr. Nary could
elaborate on that, too. I believe it's always been 300 square feet. I mean 300 -- a 300
foot radius to all adjacent property owners. So, if you look at this, the city owned the
parcels -- the park property at that time. Developer owned the majority of the lots in
Cedar Springs and Sundance, because that was under construction at the same time.
So, conceivably this 300 folks that got notified -- the majority of those could have been
developer -owned lots and not homeowners. That's what I tried to conveyed to you. So,
from that standpoint of those -- of those were -- those ordinances were consistent to
what we have now, then, yes, a lot of those homeowners probably didn't get notified,
because they weren't -- the homes weren't constructed or they weren't occupied and
that's where I think the homeowners are saying they weren't notified. As far as this
application goes, tonight's hearing application, I guarantee you it was noticed property.
We verified that with the clerk. We have affidavits that it was posted correctly and a lot
of times I have even had communications with the HOA on this project as well. So, the
word was out there.
De Weerd: Mr. Zaremba.
Zaremba: Madam Mayor, he mentioned the requirement to notify recorded property
owners within 300 feet, but at the time there also was a requirement that a sign be
placed on the property and I'm sure that was done, because it was a very standard
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thing, so even if somebody lived beyond the 300 feet and didn't get a notice, if they
drive on -- is this Ashby? If they drive on Ashby they would have seen a sign on the
property notifying about the public hearing.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, I mean just for the record, the findings of
fact that were signed in -- actually in January of 2005 by the Council indicated in the
very first one that notice was properly done. So, there was evidence at the time that
that proper mailed notices were sent, the proper radius notices were sent out, the
newspaper notice, the sign notices were all done and accomplished. So, at this
juncture notice in 2004 is not an issue. If there was an objection to notice it would have
had to have been raised in 2004. It can't be raised eight years later. The findings of
fact at the time indicated that notice was done. So, that's not an issue from a legal
perspective at this point.
Hoaglun: Thank you, Bill.
De Weerd: Mr. Bird, did you have something?
De Weerd: Okay. Any further questions from Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Still working on the first question I asked of Bill and I'd like to see a written
response to that question so it's clear whatever decision we make that we fully
understand the relationship between 2002 and 2004. Having said that, I would suggest
that we continue this hearing until we get that information and enter it into the record
and, then, make the decision. Just my thought before we close the public hearing.
Bird: Is that a motion?
Rountree: Just for discussion at this point.
De Weerd: You want to pull that closer. I think --
Rountree: Dean's not yelling at me.
De Weerd: But I did hear someone say I can't hear, so --
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August 28, 2012
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Rountree: Okay. Sorry about that.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would agree with Councilman Rountree. I -- I would like clarification -- written
clarification between what the development agreement and the rezoning -- I just -- I just
have -- I don't know. They come in and wanted an R-15 because they had that Spring
Hill development specifically coming in there and I -- I'd just like to see a legal. I'm like
Mr. Rountree, I'd like to continue it and get something in writing between those two
dates, 2002 and 2004. 1 don't feel comfortable.
Hoaglun: Madam Mayor, I agree. It would be good to get that -- I mean this is a little
different than the one that was handled on Ustick Road, because that DA did
specifically mention that if that approved use did not happen it would revert and this we
don't have that, but I would like to delve a little deeper into that DA and see what -- what
it got into before I make a final decision on this.
De Weerd: Okay. Council, then, do I have a motion?
Rountree: Madam Mayor, I move that we continue the public hearing on Items 8 --
seven. Excuse me. 7-A and B for the receipt of information from the city attorney with
-- for the relationship of the 2002 development agreement and the 2004 rezoning and at
that time consider the close of the public hearing for further discussion and decision.
Bird: Second.
De Weerd: I have a motion and a second to continue this public hearing. Did you give
me a date?
Rountree: Oh. Excuse me, Madam Mayor.
Bird: September 8?
Rountree: Bill, what kind of timeline are we looking at?
Nary: Madam Mayor, Members of the Council, since our deadline for Tuesday is two
days from now, that's fairly tight, so if you're willing to want to hear it on your workshop
or you prefer to hear it on the 17th, which is your normal evening meeting --
De Weerd: 18th?
Nary: Or 18th. I'm sorry. That probably would be more appropriate and that way we
would have a written decision -- or a written opinion for you by then.
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August 28, 2012
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Rountree: Madam Mayor, I would suggest the September 25th meeting.
Bird: I'd second that.
Rountree: Add to my motion.
De Weerd: Okay. Second agrees?
Bird: Second agrees.
De Weerd: The motion is to continue this until September 25th for staff to respond to
Council's questions. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: This item, then, will be continued for discussion and decision on September
25th. I won't guarantee a decision. I will at least say it will be continued until the
September 25th date. So, thank you. I'm sorry. This item is over, so If you will save
that thought to September 25th or you can also submit something for the public record
and our clerk will make sure to get it to City Council. Okay. Thank you.
Item 8: Department Reports
A. Solid Waste Advisory Commission: Correspondence to Ada
County Regarding Changes to Solid Waste Processing
Facilities
De Weerd: We will move to Item Item 8 under Department Reports. Item A is Solid
Waste Advisory Commission. I will turn this over to Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. The item before you is a
letter that was discussed at the most recent Solid Waste Advisory Commission meeting.
The chair is here as well, but I think Andrea told me I'm supposed to present it, so this is
a discussion --
De Weerd: Okay.
Nary: Sorry, Madam Mayor.
De Weerd: Go ahead.
Nary: In your packets is a letter that was drafted and reviewed by the Solid Waste
Advisory Commission and this is in regards to the county landfill and whether or not the
new -- most recent project there is in compliance with both the state code for the
opportunity to provide input from the cities and the users. The way the state code is
crafted currently, the landfill, is that when the county wishes to make any change -- the
Meridian City Council
August 28, 2012
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counties are required to manage landfills. They are not required to provide them, they
are not required to staff them, they are required to provide some form of landfill within
the county. What this code also contemplates is if they make any changes to those
landfills on the facilities and how the garbage or the waste is processed, then, they are
also required to go to the users within the county to request their input and the intent of
the statute is to determine whether or not whatever the county is wishing to do in the
management of the landfill is supported by the users of the landfill. You can recall --
and it's in the letter -- is back in 2004 the county was considering alternatives to the
current method of how the landfill was being operated and one of the considerations
was the north ravine cell. They also were considering an alternative cite in the south in
the Kuna-Mora Road area, they were considering options outside of the county for
waste hauling and they were actually considering a waste -to -energy type of project
even in 2004. The county held public meetings is what the statute requires and getting
input from all the various entities within the county as to their desires and their role in
the future. There is no commitment financially by the cities or by the entities in the
county. What the statute does allow is that the county, if they want a financial
commitment they can require it and, then, if they want a commitment of any time or
length, the entities aren't required to participate, but they could be imposed on them
later if they choose to later participate they may be required to pay some of the up front
costs that the other entities may have paid and, again, the intent I think behind the
statute is to make sure that if you're going to do something that you get buy in from your
customers and make sure they are going to participate or -- and if you don't want their
buy in or you don't want their money you still have to have the hearings to have them
have an opportunity to provide input. So, on the recent waste to energy circumstance
with the company the county has contracted with, none of that happened. So, our Solid
Waste Advisory Commission discussed that at their most recent meeting and
considered this draft letter from the city to the county and, really, the intent of the letter
and certainly if there is wordsmithing or changes that you want that's within your
purview. The intent of the letter was to point out the requirement of the statute, the fact
that it wasn't followed, but also to just reiterate to the county that, again, the entities,
whether it's the City of Meridian or another city or another private hauler that the --
under the state code -- and our contract is very specific on this point, the state code the
city owns the trash until it's taken to the landfill. Our current agreement with our -- with
our franchisee says that once it's on the curb and picked up by the franchisee it belongs
to the franchisee. So, that arrangement can certainly be renegotiated if the city wants to
do that, but it's just to reiterate to the county that the city really controls where the --
where the city's garbage can go and it isn't dictated by statute or any other requirement
and it's just to reiterate that point, because there has, obviously, been some contention
on whether or not this particular facility or methodology we are going to use will impact
the rate payers of the city and so the intent of the Solid Waste Advisory Commission
was to at least make it clear on record as to the city's position in regards to the trash
and that whether or not any changes would be considered by you folks by the Mayor
and the Council is going to be consistent with what is in the best interest of the rate
payers in our city and since we had never -- the city had never been consulted prior to
them contracting for this additional processing facility and we feel that was probably not
appropriate, we just want them to understand that we are not bound by any requirement
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August 28, 2012
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that they may have as to the amount that's provided or the daily amount that they are
going to provide and if the city wanted to do something different they certainly could. If I
misstated any of that I'm sure Mrs. Mann, the chair, could correct me and Council
Member Rountree is an ex-officio member of the commission, but that's the intent of the
letter that's in front of you and that's what you're being asked to consider.
Rountree: Spoken like a true lawyer.
De Weerd: Oh, my head is spinning.
Nary: I'm not sure if that's good or not.
De Weerd: I'm just trying to figure out what you just said.
Hoaglun: Madam Mayor? You built the watch and you told the time six different ways.
Bird: To me he just made the circle.
Hoaglun: Madam Mayor, on the second page that see as the key where it says we will
observe the right to transport our waste to any alternative location to protect our rate
payers as necessary. I think that sums it up very nicely. We do want to protect our rate
payers and we will look for their best interest in this situation. And I like the letter. I
think it's a good letter, something that should be sent, in my opinion.
De Weerd: Okay.
Rountree: I agree. And the committee obviously by their transmittal letter agreed.
De Weerd: Nancy, do you have any comments? Since you lasted all evening.
Mann: Hi. I'm Nancy Mann, chairperson of the Solid Waste Advisory Commission.
Thank you, Bill, for explaining that so eloquently. Our piece is going to be really short
tonight. As you know we meet monthly and we have been hashing out a lot of these
issues over the last couple months. The only statement I'd like to make in addition to
what Bill's already stated via the letter that we reviewed last week is that these folks that
are putting together this proposal for the foothills for the waste to energy on three
separate occasions we asked the Dynamis Corporation, the people that are putting this
project together, on three separate occasions they were on our agenda for the Solid
Waste Advisory Commission. I believe they asked us to come and give a presentation
and they never showed up. And somehow or other they got one million dollars from the
county -- no. Two million dollars.
Bird: Two. Two million.
Mann: They got two million dollars and they weren't like talking to anybody. So, we got
a little -- we got a little curious and a little concerned about that being that we deal with
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August 28, 2012
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solid waste issues, so Bill and his office worked with us very closely to draft that letter
and I think it's very poignant and very important that the City of Meridian takes a stand
on this, because nobody else in the valley seems to be concerned about this and what
little I know about it the red flags are going up for me saying, you know, what are these
guys doing. I just -- I just see a lot of disaster in the future on this issue and I think
people are being blindsided and we are trying to wave the red flag and let people know
that we don't want to be blindsided, because we are paying attention to this.
De Weerd: And we appreciate that, Nancy, and I know at least one member or more
have been at whatever informational meetings there have been on this, which has been
limited as well.
Mann: Yes.
De Weerd: So, it has been frustrating and certainly in five years when their contract
says Dynamis gets 25 percent of tipping fees, I haven't quite figured out how expensive
at the landfill change that they can afford to give away 25 percent of tipping fees and so
who are they going to get that 25 percent difference from. It is a concern.
Mann: Well, I suspect we will see a large rate change is probably where it's going to
come from. I'm just guessing. So, that's just one little statement I wanted to make about
it due to my concerns personally as the chair person on the committee.
De Weerd: Thank you. And I know that the SWAG has been very good about sharing
the concerns and those concerns have been verbalized by the city as well, so --
Mann: Good. Nice to know we are all on the same page.
De Weerd: We are. So, thank you for being here this evening. Any questions for
Nancy?
Bird: I have none
De Weerd: Okay. Thank you.
Mann: I'm going to stay, because I think we are next.
De Weerd: Oh. Very good. Thanks for being here.
Mann: You bet.
Rountree: So, do we just need a consensus to send this letter?
Nary: Yes.
Rountree: Okay. I think you have it.
Meridian City Council
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B. Solid Waste Advisory Commission: Request for Funding
Approval - Community Recycling Fund Joint Application for
Split Corridor Art Project
De Weerd: Okay. Very good. The next item is also with SWAC and --
Mann: This will be a joint presentation.
De Weerd: Okay.
N.Rountree: The two Nancys.
De Weerd: Nancy Mann as the chair of SWAC and Nancy Rountree as the chair of the
Meridian Arts Commission.
N.Rountree: So, we are here as joint applicants asking for approval from you for a
20,000 award for -- from the community recycling program fund for our split pretty
corridor public art project.
De Weerd: Okay. Council, you do have information. Any questions for either Nancys?
Any of the Nancys in front of you?
N.Rountree: Did you have a chance -- just this one? Okay. We have a vote here.
Meridian Arts Commission has already published the request for qualifications and the
request -- request or proposal for this public art project. The art will be a sustainable
project created by recycled, refurbished, and/or reused materials, which makes this
project a perfect match for this SWAC funding.
Mann: Just so you will understand, this 20,000 dollars that's coming from the dedicated
fund that Solid Waste Advisory Commission gets to spend every year for our own
sponsored projects of which this year we have already had two. We have done the
recycling containers over at Settlers Park and we have done the 5,000 reusable
shopping bags, which we handed out in April. So, so far this year we have spent about
40,000 dollars on those two projects and we still have 62,000 dollars in the current fund
and our -- our requirement is that we don't spend more than 50 percent of the funds in
the community recycling fund. So, we still have, essentially, 32,000 dollars to spend of
SWAC money. We didn't have any other projects on our docket for this year and it's not
the open period for people in the community to ask for money, so we agreed last week
at our meeting that this would be really a perfect project to use the SWAC designated
funds, especially since it's going to such a visual project in the community, which will be
signed so that people know that part of the money came from the curb side recycling
fund and I think it's just a beautiful blending of what we are trying to do in Meridian with
those curb side funds. Just really rolling that money around and getting it out in the
community so people can really see when they recycle they get good stuff in the City of
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Meridian. So, we are asking for Council to approve that funding tonight, so that the
Meridian Arts Commission can move forward with their project.
De Weerd: Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just in looking through the information we have been given I see that one of
these is going on Main Street at the south end of Old Town, one is going on Main Street
at the north end of Old Town and I think that's an excellent idea to identify our Old
Town, which we are really looking forward to doing as well and just out of curiosity are
you thinking that the two bookends are going to be identical or are they two different
projects?
N.Rountree: Madam Mayor, Councilmen, Councilman Zaremba, you know, what we
are thinking right now is that they will be complimentary.
Zaremba: Okay.
N.Rountree: This is such a large piece that, you know, it will be the vivid piece. The
other piece should fall right in line with that and we have given the artist an option of
submitting a proposal for one or both and we are hoping to get both in the process, so --
Zaremba: Great. Thank you.
De Weerd: Any other questions from Council? Council, you do have a
recommendation and a request in front of you. What is your pleasure?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the 20,000 dollars to the art commission for the spilt corridor
art project.
Zaremba: Second.
De Weerd: I have a motion and a second to approve item 8-B. If there is no
discussion, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
Meridian City Council
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MOTION CARRIED: ALL AYES.
De Weerd: Thank you both.
Mann: Just keep recycling that garbage.
C. Legal/Parks & Recreation Department Report: Recreation
Instructor Agreements Update
De Weerd: We will. I do my share, because I need to, I don't have room in my
garbage. Okay. Item 8-C is under our Legal and Parks Department. Turn this over to
Steve or Bill.
Nary: Madam Mayor, Members of the Council, I guess I can start. We had a recent
circumstance with an instructor with parks. They hire instructors for various programs
and classes and such and it was unclear to the instruction, I guess, that the contract
that we had that says you're not an employee of the city wasn't clear enough. So we
decided to make it clearer and trying to get more language to just make it as clear as
possible -- as clear as lawyers can make it that when we contract with folks to do a
service, such as instructors that they aren't employees of the city, that they really are
providing us a service. The normal course and the reason we are in front of you is, one,
to sort of close the loop, because I knew you were of that, but, secondarily, our normal
course -- because these are very small contracts they fall under our purchasing policy
and normally are signed by our purchasing agent. In discussing it with Steve we
wanted to make sure that you were comfortable with that and if you would prefer to
have them in front of you either prior to the engagement or a least as a ratification of the
engagement. We certainly can bring those forward. There is minimal language in there
that really is of -- from a city perspective a liability concern. Three is an issue that if
there is a dispute between the parties that the potential is you could be responsible for
the other parties' attorney's fees. It's a very standard contractual provision that we have
in all of our contracts big and small. There is no indemnification of any sort, because
we don't indemnify them, they are actually giving us -- they are holding us harmless for
their behavior, we are not providing them any liability coverage of any sort, so there isn't
that, which is the normal contracts you might see is when we do that. But, again, we
wanted to make sure you were comfortable with both the changes, as well as the
process and if you, again, would like to see them either prior to the engagement with the
instructors or subsequent at least prior to us paying them we certainly can do that, it's
just a change in process and I don't know if Steve has other points he wanted to make,
but that's the reason it's in front of you tonight.
De Weerd: Steve, did you have additional comments?
Siddoway: Nothing really to add, but since I'm standing up here I will just reiterate for
number one we did clarify the independent contractor section is Item G on page three of
six of the contract, if you have that in front of you. That's the language Bill was referring
to. And, then, the current process as I understand it, meets policy. It works well for us
Meridian City Council
August 28, 2012
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to be able to enter -- get the contract signed by the contractor, have them ratified by the
purchasing agent, in this case Keith Watts, and we just want to make sure that that is --
that you're comfortable with that process continuing or if you want to see all those. I'd
stand for any questions.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I'm comfortable with that process. My thinking, Bill, the way it seems, the only
time that we as Council -- a hiring issue comes before us is when we are -- I think we
are at the director level. Is that -- I mean the Mayor makes a selection and usually we
have -- she says, hey, do you want to hire a Bruce Chatterton and we go, oh, of course
we do, you know.
De Weerd: And, then, I can blame it on you.
Hoaglun: Yeah. But -- and so that's the only time those types of things come before us,
so if we brought them -- in my mind if we brought instructors to us that's raising them up
to this level that we don't already do. Am I -- that's how I see it logically. Now, legally it
may not matter. So, can you advise me, Bill?
Nary: Sure. Madam Mayor, Members of the Council. The answer is it depends.
The circumstances --
De Weerd: What a good attorney.
Nary: The circumstances -- you are correct. The only hiring decision or authority of the
Council is in an appointed position. But you routinely review contracts. You don't
review employment issues. So, theoretically, by bringing contracts in front of you for
hiring of professional services or services is very consistent with when we hire
engineers or other types of contracts. But because this threshold amount is so low you
have already established in policy that even -- even professional services contracts of a
low enough threshold don't require Council approval and it still is -- doesn't give them
greater status or a greater position.
Hoaglun: Okay.
Nary: So, the reality is if you chose to do it because you would like to see them, I don't
believe it has any impact on their status as a nonemployee. If you chose not to do it
you would be consistent with the existing policy you already have and so I don't think
either decision really is going to matter for the question you have, it really is a comfort
level of the Council.
De Weerd: I guess, Steve or Bill, what -- what are the ranges these contract are
generally for in terms of price?
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August 28, 2012
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Siddoway: The contracts don't specify a dollar amount, because they are just based on
an 80-20 split of what -- it depends on the number of people that sign up for the class.
So, it really just, you know, defines a relationship that they get 20 percent of the
registration fees, we keep 20 for administrative costs and, then, the actual amounts are
based on registration.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: 1 consider these people the same as our building inspectors. And I think that they
should be treated the same way in contracts. I think that's one of the reasons that will
keep us out of problems. I don't have -- I mean I don't have a problem whether they
come here or -- or whether Steve signs off or who signs off, but they, basically, should
have a contract, because -- I mean they are subcontractors to the City of Meridian. It's
nothing -- no different than hiring Joe Blow Construction to do the work.
Siddoway: Madam Mayor. And they do have contracts and they have had contracts
since I have been here. We are just confirming that the process is --
Bird: We know they have contracts, but --
Siddoway: Yeah.
Bird: Steve, let me ask you a question.
Siddoway: Yes.
Bird: Madam Mayor, may I? Do we need a -- do we tell them when and where they
have to be in, how -- what time and all this kind of stuff or do they set that schedule
themselves?
Siddoway: Well, we have to work with them because we have one facility. So, we can't
tell them how. We can't treat them as an employee. We -- we cannot define the
content. But we do control when they can access the community center.
Bird: You basically tell them that the community center is available --
Siddoway: What's available.
Bird: -- at this time, it's yours if you want it.
Siddoway: Correct.
Bird: Okay.
Meridian City Council
August 28, 2012
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De Weerd: They will tell them -- they will tell them the time availability and, then, the
contractor will get back to us on when they could do it. But a lot of these instructors are
doing it in their own facility. You know, there is probably more in private facilities than in
ours.
Siddoway: Well, you're mostly -- they are either in ours or in parks. I don't know that
there is very many in private facilities. There used to be, like when it was --
De Weerd: The dance and karate and --
Siddoway: Or gymnastics. We really have moved from that model, which it used to be
to more community based recreation in the recreation center.
De Weerd: Okay. Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: My comment would be that I appreciate the wording change for the
clarification and I don't feel the need to see these. I think the system works well enough
the way it is.
Rountree: I agree.
Hoaglun: I agree as well.
Bird: I agree.
Siddoway: Okay.
Bird: I just want to make sure the language is right.
De Weerd: Thank you. And we got the clarity on the language?
Nary: Yes, ma'am.
De Weerd: Okay.
Siddoway: Any motion needed, Bill?
Nary: No.
Siddoway: Okay.
Meridian City Council
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D. Police Department: Donation of a 2005 GMC Sierra 1500 to the
Canyon County Animal Shelter
E. Resolution No. 12-866: A Resolution of the City Council of the
City of Meridian, Idaho, Setting Forth Certain Findings and
Purposes to Declare Surplus Property and Authorize the
Mayor of the City of Meridian to Donate Equipment to the
Canyon County Animal Shelter, Caldwell, Idaho
De Weerd: Okay. Thank you, Steve. Thank you, Bill. Okay. Our Police Department.
Overton: Good evening, Madam Mayor, President Hoaglun, Members of Council. This
won't take longer than 30 minutes.
De Weerd: You normally have ten at the max.
Overton: I will have seven left over.
De Weerd: Before the hook comes out.
Overton: What you have in front of you is a donation request of a 2005 half ton Chevy
pickup. This is our old animal control truck. We retired it at just over 122,000 miles --
that's physical miles. Because of animal control and how they work it had at least twice
that many miles on the engine when you look at engine hours. The bed on it, the
animal control bed on it, the fans don't work, the cages are in disrepair, we first offered it
to our shelter group that we have and they don't even want it because of the condition
it's in. We are looking to donate it to the Canyon county animal shelter and for those
that don't know Canyon county no longer runs their shelter, they have turned it over to a
nonprofit group, a 501(c)(3) , and they are running on a shoe string budget in Canyon
county to keep that place afloat and they are interested in it, they believe they can fix
everything, take care of it, and they are still interested. We will give it to them tomorrow.
But that's what we are trying to do. We think it's a great way to keep a truck like that in
use, because they want to use it for what we used it for for seven years. And with that I
would stand for any questions.
De Weerd: Thank you, John. Any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba Can we supply it to them with a dog in every one of the compartments?
Overton: I wasn't supposed to give that part away, but --
Meridian City Council
August 28, 2012
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Zaremba: Oh. Okay.
Overton -- it will be full.
Zaremba: Thank you.
De Weerd: Oh, my gosh.
Rountree: Madam Mayor?
De Weerd: Dean, don't type that. Okay. For the public record we need to. Mr.
Rountree.
Rountree: Madam Mayor, I move that we approve Item 8-D, the donation of the pickup
to the Canyon county animal shelter.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-D. Madam Clerk --
Hoaglun: Is that the resolution that --
De Weerd: Oh, I'm sorry.
Bird: Do the resolution.
Zaremba: That actually is a resolution.
De Weerd: We did approve the resolution.
Rountree: That would be approve Items 8-D with the following resolution 12-866.
Bird: Second agrees.
De Weerd: Okay. We do have a motion to approve the request under 8-D with the
accompanying resolution of 12-866. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALLAYES.
F. Public Works: Proposed Amendments to Meridian City Code:
Sewer Pretreatment; Section 9-2-2-1(D), Relating to Prohibited
Discharge Standards and Grease Interceptor Requirements;
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Amending Meridian City Code Section 9-4-9(D), Relating to
Regulations for use of Public Sewers and Grease, Oil and Sand
Interceptors; Amending Meridian City Code Section 10-2-1(B) and
Adding a New Section, Section 10-2-1(B)(25), Regarding Grease
Interceptor Regulation Under the Uniform Plumbing Code; and
Providing a Effective Date.
De Weerd: Thank you. We appreciate you waiting to give us that report. Okay. Item
8-F is our Public Works Department and I will turn this to Mollie.
Mangerich: Thank you. Good evening, Madam Mayor, Council President and Council
Members. I'm here for an informational presentation only and a brief one and to receive
any feedback that you may choose to give me regarding two recommended Meridian
City Code changes that we will be bringing forward. The proposed amendments to our
Meridian City Code that I'm speaking to are directly related to Title 9, Chapters 2 and 4
of our code, which deal with our sewer pretreatment and sewer use. Currently our city
code reflects the 2003 Uniform Plumbing Code that states that each service
establishment that must have a grease interceptor must only have a one-to-one
relationship with that grease interceptor and that you cannot share. Not more than one
food service establishment can share a grease interceptor. These amendments are to,
A, insert comparable language in each chapter that will be consistent with the 2009
Uniform Plumbing Code and that will also provide us the authority and to be flexible to
make a determination of approval or disapproval when more than one food service
establishment may request to change -- to share a single grease interceptor. So, in our
pretreatment program we have many tools to enable us to provide the best customer
service we possibly can to our commercial businesses adopting these recommended
changes to our code that would provide another tool in our tool kit and to consider the
opportunity for some businesses, where feasible, that they could share a grease
interceptor and our code would provide for that allowance as well. Our tool in this
matter would be entering into an indirect discharge permit with the generator such that
they become the responsible party and would work with us to insure that they abide by
the recommendations that our pretreatment and wastewater staff recommend regarding
anything from cleaning of grease interceptors to best management practices both inside
the house and service agreements and maintenance on the outside when it comes to a
grease interceptor. I'd stand for any questions, concerns, recommendations.
De Weerd: Mollie, can you tell me is -- has this been an issue?
Mangerich: We have situations, yes, in the past where shared businesses have come
in -- tenants in and out and start utilizing a single grease interceptor where in our code it
states clearly that there should only be a one-to-one relationship. Now, we have been
operating under the 2003 Uniform Plumbing Code for quite many years, but the state of
Idaho will be adopting the '09 UPC this legislative season, coming into effect January
1st, 2013. Am I correct on that, Bruce? Just nod. Yeah. Okay. So, yes, these do
happen and mostly under us not knowing. But what we have noticed is that with more
innovative construction coming into our community, larger commercial constructions
Meridian City Council
August 28, 2012
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where configurations of utilities are a little bit different than in traditional design
standards of before, that it allows for a creativity and a conversation and a collaboration
to occur with those construction and owners of those properties to consider the
challenges posed on the builders and who are filling occupancies and, then, the
requirements we have to have to protect our sanitary service sewer systems, provided
an opportunity under indirect surge permit with the responsible party that is willing to
take on those responsibilities of the pretreatment that we prescribed. It allows for us to
answer both best customer service, best practices for protection of our sewer systems.
So, it really is a step up in terms of what we would be able to provide our commercial
entities.
De Weerd: You took lessons from Bill, didn't you. I guess just a follow-up question.
Have we had an incidence where someone has come in and wanted to have two on one
that because of our current code it does not allow that?
Mangerich: Yes, we have. And it is at the discretion -- and just by saying that doesn't
mean that their request held merit in terms of protection of our sanitary sewer system.
So, we also have to provide that discretion that, no, it's not allowed in our current code
and currently the way that the plumbing is and the lines that are within that facility are
not conducive to it. We would, then, request them to either utilize other grease capture
equipment or to install another grease interceptor.
De Weerd: So, today we do not have flexibility under our current ordinance to allow the
flexibility needed.
Mangerich: The only language we have is or -- or agreed to by the authority having
jurisdiction and they are located in -- that phrase is located in two sections in two
different chapters of the sewer use and industrial pretreatment and it is our effort to
marry those up and make them pertain to our'09 MPC code that's coming down at us ,
which would be able to allow us by code to entertain the conversation to see if it is
reasonable or not.
Hoaglun: Well, Madam Mayor, it sounds like they are meeting the tenants of the
Meridian Way that you have laid out, so I think that's a good thing.
Mangerich: It is a good thing.
De Weerd: Mr. Zaremba.
Zaremba: Madam Mayor, this does sound like the right thing to do. I'm just -- I don't
know whether we can do it without naming names. I'm just trying to visualize where
there are places that would apply to -- comes to mind down Main Street there is a
combined A&W and Kentucky Fried Chicken. Is that the kind of business we are talking
about or would this actually be separate restaurants that maybe share a common wall in
a shopping or maybe there is another business between them and -- I'm trying to
visualize what this applies to.
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August 28, 2012
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Mangerich: Both of those scenarios can exist within our community and do as such
Zaremba: Okay.
Mangerich: And so what we are referring to is knew construction coming in that as we
are going through the site plan review process, which we do personally, eyes on plans,
looking at the plumbing and the configuration of where interceptors, A, are needed and,
then, B, where sited, and the capacity of said interceptors and who will be using those,
that we can, then, work with developers of major developments of such or other smaller
strip malls to see if there is a viable willingness on the part of the property owner to be
the responsible party in relationship of an indirect discharge permit of the city of
Meridian pretreatment. It is a permitted contractual relationship and it would go with the
property owner. So, it behooves the responsibility to that property owner that they will
abide by our best management practices and what we say we should have those
grease interceptor service levels, et cetera. It can be small. What we are seeing right
now is that there is an effect in the larger commercial developments where we see a
broader array of these sort of questions coming up.
Zaremba: Thank you.
Hoaglun: Madam Mayor. Mollie, are we out there on the cutting edge here in Idaho?
One of the first cities to do this? Other cities doing this? Where are we nationally on
something like this?
Mangerich: I am proud to say that we are actually pretty brilliant in this one in that we
are getting ahead of the curve. So many communities in pretreatment -- our hands are
held and we are dealing with mistakes of the past and it is expensive to go back in and
bust up parking lots and pavement and go and install very expensive equipment that
may or may not be utilized fully by tenants who may or may not be there. So, we are
actually looking ahead. Not only are we looking ahead and providing flexibility, we have
empowered ourselves to also take the tools that are prescribed to us by EPA with
businesses that generate hazardous waste and say can you mellow this permit out and
make it compatible with those businesses, food service establishments, who generate
grease. What is one of the largest problems of sanitary service overflows in our
system? Grease. And so we visit our businesses twice a year, that's once more than
any other community in the Treasure Valley, because they pay very particular attention
to what is coming into our treatment plant. So, by adding, Mr. Hoaglun, the ability to
permit with partners who are willing to take on that responsibility in order to have the
freedom to have shared interceptors and that flexibility to tenants no one has done that.
Not even in California. In fact, in one particular case the pretreatment of a large
California city who has a comparable large development by one of our larger firms here
in the city, that they wished they were thinking about this when they came into town in
the California city. So, I'm really proud of my staff to be thinking this way. It's protection
oriented, but it's also customer service oriented.
Meridian City Council
August 28, 2012
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Chatterton: And, Madam Mayor and Council Member Hoaglun, now that I'm actually
listening -- I do want to confirm that -- that this idea has been talked about a lot around
the country and it's great to see that - and Public Works moving ahead with it. It -- it's
similar to about 20 years ago we began to see a different front for development --
stormwater shared facilities for detention, treatment, retention stormwater attenuation
and just much more efficient way to do things, easier to maintain and so this is -- this
is a great trend. I believe Boise is looking at it, but they are not as far along as we are,
so --
De Weerd: We are glad you clicked in
Chatterton: Yes.
Rountree:
Glad you showed up.
Chatterton:
Just saying.
Rountree:
Madam Mayor?
De Weerd:
Mr. Rountree.
Rountree: Mollie, just so I fully understand, this -- this is an option, this is not a
requirement.
Mangerich: Absolutely. This is an option, not a requirement. And it is the responsibility
of us as staff -- wastewater and pretreatment, to make that determination and that have
we justification and documentation to show why it would be a no to -- for such case if
somebody wanted to have a shared interceptor.
De Weerd: But at least this gives them an opportunity for a yes.
Mangerich: It brings us to the table and it starts getting creative juices going, what
works, what doesn't work.
De Weerd: Okay. Any further questions?
Mangerich: Well, thank you very much and you will be seeing this revision to the
amendment coming forward in the next couple weeks from our legal department in
going through the proper process.
De Weerd: Okay. Thank you.
Mangerich: Thank you.
De Weerd: Appreciate it. And congratulate your staff for thinking out of the box.
Meridian City Council
August 28, 2012
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Mangerich: I will.
G. Resolution No. 12-867: A Resolution Authorizing the City Clerk
to Destroy Certain Semi -Permanent and Temporary Records of
the Meridian City Finance Department and the City Clerk's
Office
De Weerd: Item 8-G is resolution 12-867. Council, in front of you you do have a
proposal by our city clerk to destroy temporary records. Any comments you wish to
make, Madam Clerk?
Holman: Thank you, Madam Mayor. Sorry. I thought we were on the next resolution
first. This is just Finance's annual purge of records. It's through fiscal year 2007, so
their five year limit. Basically, obviously, September 30th of 2012. By the time this
resolution gets passed and I notify the state archivist, they have 30 days to respond and
say we want the records or don't want the records. There is 1.5 items in the clerk's
inventory that were ever allowed to be destroy in the history of all time, we are going to
destroy all six of those records, so -- a public records request and permitting and
licensing everything else we keep forever and ever, so that constitutes what's in this
resolution.
De Weerd: Thank you. Any questions for Madam Clerk?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: No question, but I will move that we approve resolution number 12-867.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-G. If there is no
discussion, Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
H. Amended onto the Agenda: Resolution No. 12-868: A
Resolution Adopting the Framework Agreement for
Establishing Friendly and Cooperative Relations Between
Pisa, Italy and Meridian City, Idaho, the United States of
America and Adopting Pisa, Italy as its Honorary Sister City
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De Weerd: Item 8-H is resolution 12-868. Council, this is a resolution that is
establishing or adopting a framework to consider an agreement between Pisa, Italy, and
the City of Meridian to explore the benefits of an honorary sister city relationship and I
would open for any questions.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I have to say that I'm really leaning towards this.
Rountree: You're too late on that one.
De Weerd: Oh, my gosh. Is it getting late? I think, Council, I did want to say this has
certainly been driven by an local Meridian business that is entering into a very important
business relationship with a famous artist in -- in Pisa and in talking with the notable
artist, as well as the Mayor, they -- they did plant the seed of a sister city relationship
because of this business arrangement and the because of similarities in their family
oriented community and the value we place on the use, on the emphasis they have in
the health sciences and they do have a teaching university of -- for surgery and other
medical type of activities, as well as their emphasis in agriculture. They did have a lot of
similarities and they did want to pursue what a mutual benefit would be in forming this
kind of a relationship.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I appreciate that and this being a framework I think we should move forward
and look to see if that is something we should do down the road and with that, Madam
Mayor, I would approve resolution number 12-968.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-H. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9: Ordinances
A. Ordinance No. 12-1522: An Ordinance for Annexation (AZ 12-
002) of a Portion of Land Located West of N. Meridian Road
Meridian City Council
August 28, 2012
Page 48 of 51
Midway Between W. Chinden Blvd and W. McMillian Road,
Commonly Known as Paramount North Subdivision
De Weerd: And I will also add to Council this -- this will be going to the city of Pisa next
month, so we will keep you updated. Item 9-A is ordinance 12-1522. Madam Clerk, will
you, please, read this ordinance by title only.
Holman: Thank, you Mayor. City of Meridian Ordinance No. 12-1522, an ordinance AZ
12-002, Paramount North Subdivision, for annexation for a portion of land located in the
southeast one quarter of the northeast one quarter of Section 245, Township 4 North,
Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and
annexing certain lands and territories situated in Ada County, Idaho, and adjacent and
contiguous to the corporate limits of the City of Meridian, as requested by the City of
Meridian, establishing and determining the land use zoning classification of said lands
from RUT to R-8, Medium Density Residential District, in the Meridian City Code,
providing that copies of this ordinance shall be filed with the Ada County assessor, the
Ada County recorder, and the Idaho State Tax Commission, as required by law, and
providing for a summary of the ordinance and providing for a waiver of the reading rules
and providing an effective date.
De Weerd: So, now, Eric, you actually lasted until almost the last several items and
after hearing that read, aren't you glad you did. I do have to ask, just because there is
people here -- or a person here -- is there anyone who would like to hear this ordinance
read in its entirety?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeings how that young man is really smart, I move we approve the ordinance
number 12-1522 with suspension of rules.
Rountree: Second.
De Weerd: Motion and a second to approve Item 9-A. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Ordinance No. 12-1523: An Ordinance of the City of Meridian,
Idaho Amending Ordinance No. 11-1491, the Appropriation for
the Fiscal Year Beginning October 1, 2011 and Ending
September 30, 2012. Appropriating Monies that are to be
Meridian City Council
August 28, 2012
Page 49 of 51
Received by the City of Meridian, Idaho in the Sum of
($1,902,834) and Appropriating Monies that are Unexpended by
the City of Meridian into the Fund Balance and Other Sources
and Fees
De Weerd: Item 8-B is Ordinance 12-1553. Madam Clerk, will you, please, read this
ordinance by title only.
Holman: Thank
you, Madam Mayor. City
of Meridian Ordinance No.
12-1523, an
ordinance of the
City of Meridian, Idaho,
amending Ordinance No.
11-1491, the
appropriation ordinance
for the fiscal year beginning October 1st,
2011, ending
September 30th,
2012. Appropriating monies
that are unexpended by the City of
Meridian, Idaho,
in the sum of $1,902,834
into the fund balance and
providing an
effective date.
De Weerd: You have heard this ordinance under 9-B read by title only. Is there anyone
who would like to hear it read in its entirety? Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 12-1523 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Ordinance No. 12-1524: An Ordinance Providing for the
Adoption of a Budget and the Appropriating of $80,186,803 to
Defray the Necessary Expenses and Liabilities of the City of
Meridian, in Accordance with the Object and Purposes and in
the Certain Amount Herein Specified for the Fiscal Year
Beginning October 1, 2012 and Ending on September 30, 2013
De Weerd: Our final item under nine is ordinance 12-1524. Madam Clerk, will you,
please, read this ordinance by title only.
Meridian City Council
August 28, 2012
Page 50 of 51
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1524, an
ordinance pursuant to IDAHO Code 50-1002 and 50-1003 providing for a title and
findings, providing for the adoption of a budget and the appropriate of $80,186,803 to
defray the necessary expenses and liabilities of the City of Meridian in accordance with
the object and purposes and in certain amounts herein specified for the fiscal year
beginning October 1st, 2012, ending on September 30th, 2013. To levy also
appropriate taxes and levies as authorized by law upon taxable property and to collect
all authorized revenue, to provide for the waiving of the second and third readings
pursuant to Idaho Code 50-902 and providing for an effective date and the filing of a
certified copy of this ordinance to the state.
De Weerd: You have heard this ordinance read by title and seeing how I don't see any
interest in hearing it read further, Council, I ask for your action.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance 12-1524 with suspension of rules
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-C. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 10: Future Meeting Topics
De Weerd: We are at Item 10. Future meeting topics. Council, any topics for future
agendas? Hearing none, do I have a motion to adjourn?
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: We are adjourned.
Meridian City Council
August 28, 2012
Page 51 of 51
MEETING ADJOURNED AT 9:29 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
�e 9i//i420/.PQ-
MAYOR T MY DE WEERD DATE APPROVED
ATTEST: og,zV0AUQ g
SO rr9�
s
JAYCIM HOLMAN, CITY CLER E IDIAN
lueeu
SEAL
HfFR °!Iee t0FX',
Changes to Agenda: None
Item VA & B: Mulberry Subdivision (PP -12.010 and CUP -12.006)
Application(s): Preliminary Plat and Conditional Use Permit
Size of property, existing zoning, and location: This site consists of 2.4 acres of land currently zoned R-15 and is
located on the southwest corner of Ashby and Meridian.
History: In 2002, the subject property was granted Annexation approval by City Council with an R-4 zoning district. A
development agreement was approved with the annexation (Instrument No. 102067381). Concurrently, the same
property was preliminarily platted as part of the Cedar Springs Subdivision.
In 2004, the subject 2.4 acre property was granted rezone, preliminary plat and conditional use permit approval by
City Council to develop a 27 -unit assisted living facility and 13 independent living units in an R-15 zone. A DA was
not required with the rezone approval and the 2002 DA is still in effect. The recorded DA does not restrict the use of
the property. The previous PP and CUP approved in 2004 have expired.
Summary of Request: The applicant is requesting preliminary plat and conditional use approval to develop 5
buildable lots with nine (9) two-story fourplex buildings consisting of 36 two-bedroom units. One of the proposed units
will serve as the property management office. All of the proposed lots conform to the dimensional standards of the R-
15. Additionally, the proposed density of 15 dwelling units to the acre complies with the R-15 zoning district.
Access to this proposed development is provided from a single driveway on W. Ashby Drive. Staff has conditioned
the applicant to provide a blanket cross access agreement and shared parking agreement for the entire complex.
The amount of open space exceeds the amount required by the UDC. Planned amenities include1) public art, 2)
several plaza areas with rose gardens, 3) a play structure and 4) enclosed bike storage. The submitted landscape
plan substantially complies with the UDC requirements.
The proposed elevations incorporate a mix of building materials to include horizontal lap siding, cedar shake siding,
decorative corbels and stone wainscoting in three color schemes. To enhance the design of the proposed four-
plexes, a decorative stone base is recommended around the columns of the proposed patios and covered entries
into the units.
Commission Recommendation: Approval at the July 19, 2012 Public Hearing
Summary of Commission Public Hearing:
L In favor: Becky McKay
ii. In opposition: Earlene Coffey, Mily Herling, Chuck Herling, Janice Hartung, Terri Harrsch, Barbara
Yates, Tom Callison, Ryan Brumfield, Rob Edgar, Kathy Edgar, Patrick Handley, Janet Handley, Andy
Roman, Wesley Steele, Pat Arnold, Tracy Brown, Joy Smith, Eric Smith, Wendy Barbour, Salli,
Landberg, D. Bourt, Mike Mayden, Ginny Dickman, Jake Gerard, Ethan Hanks, Gary Neal, J. R.
Johnson, Robert Wilson, Doug Carlson, Patricia Carlson, Jennifer Anderson, Walt Anderson, Mark
Stibrany and Marcel Bujouski
iii. Commenting: Multiple names listed in the opposition section above testified in opposition at the public
hearing.
iv. Written testimony: A signed petition from over 100 residents opposing the proposed multi -family project
was submitted prior to the P/Z hearing.
Key Issue(s) of Discussion by Commission:
i. Subdividing the property and having the potential for multiple ownership of the complex.
ii. Parking issues with events occurring in Settlers Park.
iii. Having a viable recorded maintenance agreement for the site to maintain a high quality development
adjacent to the park.
iv. Compatibility with adjacent residential properties.
Key Commission Change(s) to Staff Recommendation:
i. None
Written Testimony since Commission Hearing: Joy Smith, in opposition. The letter addresses the density of the
proposed development, the requirements of the recorded CCR's and the rezoning of the property in 2004.
Outstanding Issue(s) for City Council:
i. None
Notes:
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER: 5A
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of August 14, 2012 City Council Workshop 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: August 28, 2012 ITEM NUMBER: 5B
PROJECT NUMBER:
ITEM TITLE:
Approval of Beer and Wine Renewal and Owner Transfer from Tuan Ha to Trinh Payne
dba Fusion Asian Grill Located at 3161 E. Fairview Ave. Suite 100
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: August 28, 2012 ITEM NUMBER: 5C
PROJECT NUMBER:
ITEM TITLE:
Professional Services Agreement with Sullivan Reberger Eiguren for the Not -to -Exceed
Amount of $48,000.00 to Assist the Public Works Department in State Government
Affairs
MEETING NOTES
4r�
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
E IDIAN�-
Public � D A H O
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: David Miles, Surface Water Program Administrator
Tom Barry, Director of Public Works
DATE: August 23, 2012
Mayor Tammy de Weerd
City Council Memberlr
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: PROFESSIONAL SERVICE AGREEMENT WITH SULLIVAN
REBERGER EIGUREN FOR STATE GOVERNMENT AFFAIRS
I. RECOMMENDED ACTION
Move to:
1. Approve the Professional Service Agreement with Sullivan Reberger
Eiguren in the not to exceed amount of $48,000, and;
2. Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Tom Barry, Director of Public Works 489-0372
David Miles, Surface Water Program Administrator 489-0383
III. DESCRIPTION
This professional service agreement will assist the Public Works Department in State
Government Affairs during the life of the contract.
Approved for Council
Page 1 of I
Date
AGREEMENT
FOR
PROFESSIONAL SERVICES
kTHIS AGREEMENT FOR PROFESSIONAL SERVICES is made this _�jday of
u4q , 2012, and entered into by and between the City of Meridian, a municipal
0 corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Sullivan Reberger
Eiguren, hereinafter referred to as "CONSULTANT", whose business address is 802 W.
Bannock, Suite 1001, Boise, ID 83701.
INTRODUCTION
Whereas, the City has a need for services involving State Government
Relations; and
WHEREAS, the Consultant is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
Scope of Services:
1.1 CONSULTANT shall perform and furnish to the City upon execution of this
Agreement and receipt of the City's written notice to proceed, all services, and
comply in all respects, as specified in the document titled "Scope of Services" a
copy of which is attached hereto as Attachment "A" and incorporated herein by
this reference, together with any amendments that may be agreed to in writing by
the parties.
1.2 All documents, drawings and written work product prepared or produced
by the Consultant under this Agreement, including without limitation electronic
data files, are the property of the Consultant; provided , however, the City shall
have the right to reproduce, publish and use all such work, or any part thereof, in
any manner and for any purposes whatsoever and to authorize others to do so.
If any such work is copyrightable, the Consultant may copyright the same, except
that, as to any work which is copyrighted by the Consultant, the City reserves a
royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use
such work, or any part thereof, and to authorize others to do so.
Page 1 of 11
( 1.3 The Consultant shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable
federal, state and city laws, ordinances, regulations and resolutions. The
Consultant represents and warrants that it will perform its work in accordance
with generally accepted industry standards and practices for the profession or
professions that are used In performance of this Agreement and that are in effect
at the time of performance of this Agreement. Except for that representation and
any representations made or contained in any proposal submitted by the
Consultant and any reports or opinions prepared or issued as part of the work
performed by the Consultant under this Agreement, Consultant makes no other
warranties, either express or implied, as part of this Agreement.
1.4 Services and work provide by the consultant at the City's request under
this Agreement will be performed in a timely manner in accordance with a
Schedule of Work, which the parties hereto shall agree to. The Schedule of
Work may be revised from time to time upon mutual written consent of the
parties.
2. Consideration
2.1 The Consultant shall be compensated on a Not to Exceed basis as
provided in Attachment B "Payment Schedule" attached hereto and by reference
made a part hereof.
2.2 The Consultant shall provide the City with a monthly statement, as
services warrant, of fees earned and costs Incurred for services provided during
the billing, period, which the City will pay within 30 days of receipt of a correct
invoice and approval by the City. The City will not withhold any Federal. or State
income taxes or Social Security Tax from any payment made by City to
Consultant under the terms and conditions of this Agreement. Payment of all
taxes and other assessments on such sums is the sole responsibility of
Consultant.
2.3 Except as expressly provided in this Agreement, Consultant shall not be
entitled to receive from the City any additional consideration, compensation,
salary, wages, or other type Of remuneration for services rendered under this
Agreement., including , but not limited to, meals, lodging, transportation,
drawings, renderings or mockups. Specifically, Consultant shall not be entitled
by virtue of this Agreement to consideration in the form of overtime, health
insurance benefits, retirement benefits, paid holidays or other paid leaves of
absence of any type or kind whatsoever.
3. Time of Performance:
This agreement shall become effective upon execution by both parties, and shall
expire upon completion of the agreed upon services, August 30, 2013 or unless
Page 2 of 11
sooner terminated as provided below or unless some other method or time of
termination is listed in Attachment A. This Agreement shall terminate
automatically on the occurrence of (a) bankruptcy or insolvency of either party, or
(b) sale of Consultants business.
4. Independent Contractor:
4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting
as an independent contractor, and neither CONSULTANT nor any officer,
employee or agent of CONSULTANT will be deemed an employee of CITY.
Except as expressly provided in Attachment A, Consultant has no authority or
responsibility to exercise any rights or power vested in the City. The selection
and designation of the personnel of the CITY in the performance of this
agreement shall be made by the CITY.
4.2 Consultant shall determine the method, details and means of performing
the work and services to be provided by Consultant under this Agreement.
Consultant shall be responsible to City only for the requirements and results
specified in this Agreement and, except as expressly provided in this Agreement,
shall not be subjected to City's control with respect to the physical action or
activities of Consultant in fulfillment of this Agreement.
5. Indemnification and Insurance:
CONSULTANT shall indemnify and save and hold harmless CITY from and for
any and all losses, claims, actions, judgments for damages, or injury to persons
or property and losses and expenses and other costs including litigation costs
and attorney's fees, arising out of, resulting from, or in connection with the
performance of this Agreement by the CONSULTANT, its servants, agents,
officers, employees, guests, and business invitees, and not caused by or arising
out of the tortuous conduct of CITY or its employees. CONSULTANT shall
maintain, and specifically agrees that it will maintain, throughout the term of this
Agreement, liability insurance, in which the CITY shall be named an additional
insured in the minimum amounts as follow: General Liability One Million Dollars
($1,000,000) per incident or occurrence, Professional Liability / Professional
errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile
Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence
and Workers' Compensation Insurance , In the statutory limits as required by
law.. The limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable for an
amount in excess of the insurance limits, herein provided, CONSULTANT
covenants and agrees to indemnify and save and hold harmless CITY from and
for all such losses, claims, actions, or judgments for damages or injury to
persons or property and other costs, including litigation costs and attorneys' fees,
Page 3 of 11
( arising out of, resulting from , or in connection with the performance of this
Agreement by the Consultant or Consultant's officers, employs, agents,
representatives or subcontractors and resulting in or attributable to personal
injury, death, or damage or destruction to tangible or.intangible property,
including use of. CONSULTANT shall provide CITY with a Certificate of
Insurance, or other proof of insurance evidencing CONSULTANT'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Consultant begins performance of it's
obligations under this Agreement. In the event the insurance minimums are
changed, CONSULTANT shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City
Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway
Avenue, Meridian, Idaho 83642.
6. Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY CONSULTANT
City of Meridian Sullivan Reberger Eiguren
Purchasing Manager Attn: Colby Cameron
33 E Broadway Ave 802 W. Bannock, Ste 1001
Meridian, ID 83842 Boise, ID 83701
208-888-4433 Phone: 208-344-9514
Either parry may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
7. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorneys' fees
as determined by a Court of competent jurisdiction. This provision shall be
deemed to be a separate contract between the parties and shall survive any
default, termination or forfeiture of this Agreement.
8. Time Is of the Essence: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of, and a default under, this Agreement by
the party so failing to perform.
Page 4 of 11
9. Assignment: It is expressly agreed and understood by the parties hereto, that
CONSULTANT shall not have the right to assign, transfer, hypothecate or sell
any of its rights under this Agreement except upon the prior express written
consent of CITY.
10. Discrimination Prohibited: In performing the Services required herein,
CONSULTANT shall not unlawfully discriminate in violation of any federal, state
or local law, rule or regulation against any person on the basis of race, color,
religion, sex, national origin or ancestry, age or disability.
11. Reports and Information:
11.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
11.2 Consultant shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and
every other means of recording upon any tangible thing, any form of
communication or representation including letters, words, pictures, sounds or
symbols or any combination thereof.
12. Audits and Inspections: At any time during normal business hours and as
often as the CITY may deem necessary, there shall be made available to the
CITY for examination all of CONSULTANT'S records with respect to all matters
covered by this Agreement. CONSULTANT shall permit the CITY to audit,
examine, and make excerpts or transcripts from such records, and to make
audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by this
Agreement.
13. Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the United
States or in any other country. The CITY shall have unrestricted authority to
publish, disclose and otherwise use, in whole or in part, any reports, data or other
materials prepared under this Agreement.
14. Compliance with Laws: In performing the scope of services required
hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and
codes of Federal, State, and local governments.
15. Changes: The CITY may, from time to time, request changes in the Scope of
Services to be performed hereunder. Such changes, including any increase or
decrease in the amount of CONSULTANT'S compensation, which are mutually
Page 5 of 11
( agreed upon by and between the CITY and CONSULTANT, shall be
incorporated in written amendments to this Agreement.
16. Termination: If, through any cause, CONSULTANT, its officers, employees, or
agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this
Agreement, falsifies any record or document required to be prepared under this
agreement, engages in fraud, dishonesty, or any other act of misconduct in the
performance of this contract, or if the City Council determines that termination of
this Agreement is in the best Interest of CITY, the CITY shall thereupon have the
right to terminate this Agreement by giving written notice to CONSULTANT of
such termination and specifying the effective date thereof at least fifteen (15)
days before the effective date of such termination. CONSULTANT may
terminate this agreement at any time by giving at least sixty (60) days notice to
CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONSULTANT under this Agreement
shall, at the option of the CITY, become its property, and CONSULTANT shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
Notwithstanding the above, CONSULTANT shall not be relieved of liability to the
( CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONSULTANT, and the CITY may withhold any payments to
CONSULTANT for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONSULTANT is determined. This provision shall
survive the termination of this agreement and shall not relieve CONSULTANT of
its liability to the CITY for damages.
17. Construction and Severability: If any part of this Agreement is held to be
invalid or unenforceable, such holding will not affect the validity or enforceability
of any other part of this Agreement so long as the remainder of the Agreement is
reasonably capable of completion.
18. Advice'of Attorney: Each party warrants and represents that in executing this
Agreement. It has received independent legal advice from its attorney's or the
opportunity to seek such advice.
19. Entire Agreement: This Agreement contains the entire agreement of the parties
and supersedes any and all other agreements or understandings, oral of written,
whether previous to the execution hereof or contemporaneous herewith.
20. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq.,
information or documents received from the Contractor may be open to public
inspection and copying unless exempt from disclosure. The Contractor shall
Page 6 of 11
i clearly designate individual documents as "exempt" on each page of such
documents and shall indicate the basis for such exemption. The CITY will not
accept the marking of an entire document as exempt. In addition, the CITY will
not accept a legend or statement on one (1) page that all, or substantially all, of
the document is exempt from disclosure. The Contractor shall indemnify and
defend the CITY against all liability, claims, damages, losses, expenses, actions,
attorney fees and suits whatsoever for honoring such a designation or for the
Contractor's failure to designate individual documents as exempt. The
Contractor's failure to designate as exempt any document or portion of a
document that is released by the CITY shall constitute a complete waiver of any
and all claims for damages caused by any such release.
21. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the ordinances of
the City of Meridian.
22. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
23. Special Conditions: It is understood that the CONSULTANT may also provide
legislative education and advocacy services for other clients during the term of
this agreement. The CONSULTANT, however, will not undertake any
responsibilities or engage in any activities that conflict with the interests of the
City or this contract. The CONSULTANT will disclose to the City in writing any
situation that may reasonably present a conflict of interest. If no agreement can
be achieved regarding the conflict of interest, the CONSULTANT agrees not to
enter into any other contracts that conflict with the legislative issues and
advocacy activities of interest to the City.
Any and all materials developed by the CONSULTANT, or by the CITY which
relate to any matter that is deemed confidential shall not be released to any
person or firm for any reason and shall fall under the protection of privileged
information under applicable Idaho State Law. The CONSULTANT agrees to
sign a non -disclosure form, for any and all material, strategies, or conversation
that is developed or discussed in relation to this contract.
(END OF TEXT— SEE NEXT PAGE FOR SIGNATURE BLOCKS)
Page 7 of 11
CITY OF MERIDIAN
NAME OF CONSULTANT
B Y:.s = J , Irk
TAMMY de W �b •- ,
Dated: 0 -ak-
Approved by
HOLMAN, CITY CLERK
Purchasing Approval
BY: 4;�� Z�k
KEIT ATTS, Purchasing Manager
Dated::
City of
SEAL
n.
Dated: a/w/ a
Department Approval
BY•
TOM BARRY, Public Worc it cto
Dated:: ?-- �2 7 — /aZ
Page 8 of 11
Attachment A
SCOPE OF WORK
The scope of work for State Government relation services are broad in nature and
guided by actions either 1) proactively taken by the City's public Works Department to
promote a specific legislative issue(s); or 2) taken by other interest groups, state
agencies, political subdivisions, or the State Legislature that adversely impacts the City
of Meridian's Public Works Department and its citizens. State Government relation
services for the Public Works Department may include,. but not be limited to: attendance
at scheduled, extended or special legislative sessions and meetings and/or state/federal
administrative and agency hearings, meetings, or rule making proceedings; all in
accordance with the terms, conditions, and scope of work indentified the request for
proposal related to topics including, but not limited to, traffic transportation
improvements, water quality and stormwater discharge challenges, TMDL formation and
NPDES primacy, water rights and land use applications, well drilling standards and
State rule changes such as labor, water and land use law rule changes. Services and
requirements shall further include, but are not limited to, the following:
• General legislative education and advocacy services as necessary for the proper
advancement of the Public Works Department's legislative issues for the 2013
legislative session.
• General legislative education and advocacy shall include: educating City, County
and State officials, Idaho State legislators, state agencies, political subdivisions,
and staff thereto; advocating for bills and amendments with appropriate
legislators; securing sponsors and cosponsors for proposed bills and
amendments; gather support in opposition to bills and amendments which may
be have detrimental impacts to the City's Public Works Department.
• Identification, tracking of, and analyzing all potential legislative actions, either in
the Idaho State House and Senate, which has implications for the Public Works
Department.
• Provide a lead advisor who will be responsible to providing a majority of the
legislative education and advocacy services and assistance to the City.
• Research details associated with proposed legislation and perform impact
analysis to determine the pros/cons of proposed legislation.
• Review position papers, messages and speaking points that articulate and
represent the Public Works Department's viewpoint regarding proposed
legislation and its impact on the Department and its policies and procedures.
• Coordinate with other Cities, Counties, staff, residents, business owners, or other
impacted or affected entities.
• Provide weekly updates to identified City of Meridian officials and personnel to:
report action taken, results, potential issues/concerns; to coordinate uniform
approaches in presenting information; develop, evaluate and communicate
Page 9 of 11
strategies with the Department for the support, opposition, or amendment of
pending legislation.
• Perform all legislative activities in accordance with the Meridian Way, CARE
values, and consist with Putting Meridian First in order to promote the City's
reputation among legislators, State elected officials and the State bureaucracy..
• The provider assumes full responsibility for: preparation and timely submission of
reports, bills and/or amendments to the State Legislature in accordance with all
deadlines and time frames established for the 2013 legislative session; and
preparation and timely submittal of all necessary lobbying disclosure forms as
applicable under State lobbying and ethics laws..
• Provide a final written report summarizing the status of the City s legislative
activities shall be provided to the City within one week of the closing of the 2013
legislative season.
Page 10 of 11
Attachment B
PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed $48,000
for contract at a monthly rate of $4,000 per month.
Page 11 of 11
CONFIDENTIALITY AGREEMENT
THIS CONFIDENTIALITY AGREEMENT ("Agreement") is entered into this °�3�
day of , 2012, by and between The City of Meridian, an Idaho municipal corporation,
Meridian, Idaho ("hereinafter the 'City"') and the Partners and Principals of Sullivan,
Reberger and Eiguren (hereinafter "SRE")
RECITALS
A. The City has entered into an Agreement for Professional Services for State
Government Relations with SRE (hereinafter "PSA"); and,
B. The City and SRE desire to exchange documents and information in a
mutually agreeable manner in order further the purposes of the PSA; and,
C. The PSA requires that SRE enter into this confidentiality and non -disclosure
agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is acknowledged by the parties hereto, the parties stipulate and agree
as follows:
1. Definitions.
a. "Confidential Information" shall mean all oral communications
between the parties relative to strategies and information relating to the work
performed under the PSA.
b. "Confidential Materials" shall mean all written communications
between the parties, all data of any kind, and any other documents .produced by
either party in furtherance of the Scope of Work of the PSA (with the exception of
written materials specifically intended for dissemination to third parties).
C. The term "Judicial Order" shall mean a court order or lawful
subpoena, notice of which has been given to the City or SRE in a reasonably
sufficient time to permit the City or SRE to contest or appeal such order or
subpoena.
2. Non -Disclosure. Unless otherwise agreed to in writing, neither the City nor
SRE shall disclose, and shall not permit any employee or agent of City or SRE to
disclose, whether orally or in writing, any Confidential Information, or Confidential Material
to any person, entity, governmental agency, or other party except for (a) officers of City or
SRE (b) outside counsel or other consultants retained by the City (c) and employees of
the City or SRE providing or assisting in the providing of services having a reasonable
need to know such Confidential Information; and (d) disclosures required by Judicial
Order. In any connection with any disclosure permitted by clauses (c) and (d) above,
CONFIDENTIALTY AGREEMENT -1
such disclosure shall not exceed that necessary to permit the City or SRE from properly
performing their services, or that required by Judicial Order.
3. Non -Use of Confidential Information and Confidential Material. Neither the
City nor SRE shall use, and shall take all steps reasonably necessary to prevent
employee or agent of the City or SRE from using any Confidential Information or
Confidential Material for any purpose not in furtherance of the scope of work of the PSA.
4. Safeguarding of Confidential Materials. Both the City and SRE shall take all
steps reasonably necessary to safeguard the Confidential Information and all Confidential
Materials.
5. Written Communications Protocol: The parties shall agree on a protocol
for the exchange of written materials and emails that may become records maintained by
the City so as to maximize the protections afforded by certain exceptions to the Idaho
Public Records Act.
6. Persons Leaving the Employment of Either Party. In the event any person
who has been involved in scope of work of the PSA leaves the employment of either
party, then said employer shall obtain an agreement from such person to abide by the
terms of this Agreement, which Agreement shall, by its terms be enforceable by either
party.
7. Remedies of the Parties. Should either Party fail to perform any obligation
hereunder, either Parry shall be entitled to all remedies available at law or in equity,
including, but without limitation, an order for specific performance, an injunction against
further violations and consequential damages.
8. Miscellaneous.
a. This Agreement is for the mutual benefit of both parties to this
Agreement.
b. Should any action be instituted against or by either party under this
Agreement, the prevailing party in such action shall be entitled, in addition to any
other remedy, to collect from the other parry attorneys fees and costs incurred in
connection with such action.
C. This Agreement shall inure to the benefit of the successors and
assigns of the City and SRE.
d. This Agreement shall not be amended or modified except by a
written agreement executed by both the City and SRE
e. This Agreement shall be construed in accordance with the laws of
the state of Idaho.
CONFIDENTIALTY AGREEMENT - 2
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
{ date first above written.
The City of Meridian, Idaho
By: May my de Weerd
Sullivan Reberger Eiguren
By: Pa(rkk Sullivan, Partner
By: Phil Reberger, Partner
By: Roy Eiguren, Partner
By: Co Cameron, Principal
CONFIDENTIALTY AGREEMENT - 3
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Development Agreement for Approval: MDA 12-003 Hollybrook by Kevin Howell
Construction Located at West Side of N. Arrowwood Way; North of E. Ustick Road
Request: Amend the Recorded Development Agreement (Instrument #105195857) for
the Purpose of Modifying the Concept Plan and Building Elevations Approved with
the Hollybrook Subdivision
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 I
BOISE IDAHO 08/29112 02:41 PM
RECORDED nRUESTOF
E III IIII'lllll'I'I�IIIIII�'III�I III�II
Meridian City 112087968
AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Kevin Howell Construction and RDH Homes, Owner/Developer
THIS AMENDMENT TO DEVELOPMENT AGREEMENT is dated this 2 8
day o 2012, (AMENDMENT), by and between CITY OF MERIDIAN, a
municipalocorporation of the State of Idaho (CITY), and Kevin Howell Construction and RDH
Homes (OWNER/DEVELOPER), whose address is 4822 N. Rosepoint Way, Suite #C, Boise,
Idaho 83713.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
DEVELOPMENT AGREEMENT recorded on December 23, 2005 as
Instrument # 105195857 on real property more particularly described in the
Agreement.
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement for the purpose of modifying the concept plan and building
elevations.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement,
except as specifically amended as follows:
6.1.3: The applicant shall generally comply with the submitted building elevations for
lots 4-13, block 4 attached in Exhibit A.4 of the staff report dated July 3, 2012. Lots 4-13,
block 4 shall take access from individual driveways off the chicane.
6.1.4: The applicant shall coordinate with the Ada County Assessor's Office and file an
affidavit of correction with the County Surveyor to Modify plat note#11. Lot 2 and lot 3,
block 4 shall remain subject to the existing common driveway easement depicted on the
plat. All other lots shall take access from individual driveways.
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK - PAGE I OF 4
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this amendment to the Development Agreement, and any
new Ordinances of the City of Meridian as herein provided.
3. This amendment 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 amendment shall be binding on the Owner/Developer of the
Property, each subsequent owner and any other person(s) acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,
except that any sale or alienation shall be subject to the provisions hereon and any successor owner
or owners shall be both benefited and bound by the conditions and restrictions herein expressed.
City agrees, upon written request of Owner/Developer, to execute appropriate and recordable
evidence of termination of this amendment if City, in its sole and reasonable discretion, had
determined that Owner/Developer has fully performed its obligations under this amendment.
4. If any provision of this amendment is held not valid by a court of competent jurisdiction,
such provision shall be deemed to be excised from this amendment and the invalidity thereof shall
not affect any of the other provisions contained herein.
5. This amendment 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 amendment
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 amendment shall be effective as of the date herein above written.
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK - PAGE 2 OF 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
KEVIN HOWELL CONSTRUCTION & RDH HOMES
CITY OF MERIDIAN
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK - PAGE 3 OF 4
STATE OF IDAHO )
ss:
County of Ada,
On this 20 day of 2012, before me, the undersigned, a Notary Public in
and for said State, personally appeared l4 Fy' N haw [) I known or identified to me
to be the C/� •n N9 k of Kevin Howell Construction and RDH Homes, and
acknowledged to me that he executed the same on behalf of said company.
INWITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this
above written.
ties 01.
(SEAL) �OTAR'p
P l/ B 1•XG
. r
00
OF,�P`��
STATE OF IDAHO )
M
County of Ada
.11
Not blic for Idaho
Residing at: M ER r pri4Jl/ )Di
My Commission Expires: 12 ,18, 1Z
On this Z8" day of Llj&4 , 2012, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate fast above written.
•.
'owes,
�. SSICA
(SEAL) p : No Public for Idaho
•'= , �. Residing at: Wert&ow ID
• Commission expires:.�ay.
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK - PAGE 4 OF 4
ACKNOWLEDGMENTS
IN WPPNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
KEVIN HOWELL CONSTRUCTION &
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK - PAGE 3 OF 4
By:
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK - PAGE 3 OF 4
STATE OF IDAHO )
ss:
County of Ada,
On this1 1 day of A ✓ (, , 2012, before me, the undersigned, a Notary Public in
and for said State, personally appeared —Qll A Il M014wry , known or identified to me
to be the b W 14 IF rL of Kevin Howell Construction and RDH Homes, and
acknowledged to me that he executed the same on behalf of said company.
INWITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and ye4aiq=t'Wjf1cate first above written.
140T.4 j !y
NJ';•AU8 Ll�
OF ID1`�,•
STATE OF IDAHO )
ss
County of Ada
- 4ZZZZAI--
Notary (tblic for Idaho
Residing at: PUAIVAO, IV
My Commission Expires: 12. 1 A -/Z
On this day of , 2012, b re me, a"Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, nor identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who ecuted the instrument or the person
that executed the instrument of behalf of said City, acknowledged to me that such City
executed the same.
IN WITNESS WHEREOF, I have, eunto set my hand and affixed my official seal the
day and year in this certificate fust abo written.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires: _
AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 12-003) HOLLYBROOK - PAGE 4 OF 4
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER: 5E
PROJECT NUMBER:
ITEM TITLE:
Approval of Idaho Power Service Request - Indemnification and Limitation of Liability
MEETING NOTES
PT
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
M—"10" Idaho Power Company Page' I
PONR Date: $/10012
Service Request
An IaACORP COmOUN
Service Request Number. 00326856
CITY OF MERIDIAN -1853 E LANARK ST/MERIDIAN, ID 83642 COMM SERV
Work Order Number: 27368515
Eng Hours:
Request Type:
CS
Eng Fee Amount(Att98):
Rate Sch.:
09
Eng Fee Amount(Att 16):
Reply By:
Ct Loc
Eng Fee Service Agreement No:
Largest Motor
Primary OH/UG
Eng Fee Service Agreement Date:
Feeder.
MRDNI4A
Customer No:
Service Location:
1853 E LANARK ST MERIDIAN,
ID 83642
Required in Service Date: 817/2012
Panel Amp Size
PhmningCenter/Team: MERIDIAN
Contact Detail:
♦)
Attribute Information
RES/COM
00010
640.00
Service Voltage 120/208
No. Of Meters
ONE
Number of Phases THREE
Meter Location
WEST EXTERIOR WALL
KW Motor Load:
Ct Loc
WEST EXTERIOR WALL
Largest Motor
Primary OH/UG
UG
1 Phase KW Demand
Service OH/UG
UG
3 Phase KW Demand
Sry Owner
IPCO
Connected KW Load 112KW
Panel Amp Size
1000AMP
Commercial Deposit Amount
&W
THREE PHASE LINE EXTENSION TO SERVE NEW PARKS AND RECREATION BUILDING.
SERVICE VOLTAGE WILL BE 120/208 THREE PHASE. TRANSFORMER, SERVICE, AND
C/T METERING PACKAGE WERE SIZED TO SERVE FIELD HOUSE BEING BUILT
IN THE FUTURE. A SIGNED, NOTARIZED EASEMENT WILL BE REQUIRED PRIOR TO THE
LINE BEING ENERGIZED. IPCO CREW TO INSTALL TWO 4" SERVICE STUBS FOR THIS
PROJECT, TWO 4" STUBS FOR FUTURE FIELD HOUSE, AND ONE 2" STUB FOR LIGHTING
PEDESTAL. 95% COMPACTION OF THE TRENCH WAS CALLED FOR IN WORK ORDER
FOR THE LAST 230' OF TRENCH GOING NORTH TO TRANSFORMER. CUSTOMER TO
STAKE TRANSFORMER LOCATION AND FINAL GRADE PRIOR TO CREW BEGINNING
JOB. RUNNING LINE WAS OK'D BY DC ENGINEERING ON 6.8-12. THANKS
I understand that the information provided above is accurate to the best of my knowledge. Changes to load; voltage; location; etc.
may result in additiot I engineering charges.
8 Zz
!lent Signature Date Idaho Power Representative Signature Date
`Ro CUSTOMER COST QUOTE
An JDACORP C"p.V IDAHO
Customer or Project Name: Design Number: Work Order #:
CITY OF MERIDIAN -1853 E LANARK ST/MERIDIAN m 836 0000092963 27368515
Lertl Inslan1110n l.0af
1. Line InstallationlUpgrade Costs
2. Company Betterment / Other Credits
3. Salvage Taxable - Credit
4. Customer Provided Trench
5. Net Line Installation Cost
Terminal Facilities
6. Terminal Facilities
7. Customer Allowance
8. Net TerminalFaclllites
9. Unusku�al Conditions
?Bhly I!orUnusuaQfCongllons over $10,000)
11. Net Construction Cost
12. Net Vested OR Refundable Construction Cost
(Limited to 5 years or 4 additional applicants)
13. Construction Cost Not Available for Vesting or Refund
Other Charges
14. Vested Interest Work Order#
15. Billable Right of Way Permits
16. Prepaid Right of Way Permits
17. Billable Engineering Charges
18. Prepaid Engineering Fees
19. Underground Service Attachment Charge
20. Relocation or removal with new capacity
21. Relocation or removal with NO new capacity
22. Salvage Credit on Relocation or Removal
23. Miscellaneous Charges/Adjustments
24. Net Other Charges
25. Total Work Order Charges
26. Idaho Power Co. Contribution & Other Credits
27. Total Customer Payment Due (Line 11 + Line 24)
Notes:
Prepala 1.008
Debit
24,345
Credit
Totals
1,110
0
23,235
13,297
3,549
9,748
1,500
0
34.4831
20,088
14,305
ffff-------F
LSV
980
1,904
1 of
0
0
0
2,884
$ 42,008
$ 4,659
$ 37,347
Notice: This written quotation shall be binding on the Company for a period of sixty days (60) from the dale below Indicated, subject to changes In
Information provided by the Customer or changes in the Company's ability to obtain satisfactory rlghtsof-way or to comply with governmental
regulations, Including but not limited to the rules, regulations, and tariffs of the Idaho Public UBllties Commission. The Customer must make payment of the
quote amount not less than thirty (30) days prior to the start of construction, but the Company does not represent that construction vAll commence Minh
30 days of recelpt of payment. The stsVf consuucllono be subject to the Company's ability to obtain the necessary labor, materiels and equipment.
Customer Signature X t Date X F17_21112
L (Customer Initials) Ch rges for Installation of
.. /�
the customer after work has completed
(Customer initials) The customer adcnowledgt
IPCo Representative A..;;�
electrical service are not Included In this Cost Quote and will be billed to
of of the reduced char
also available at Idahopower.com
Quotation Date 6 -IT-/ Z—
Customer or Project Name: Design Number. Work Order#:
CITY OF MERIDIAN -1853 E LANARK STIMERIDIAN ID 836 0000092963 27368515
Unusual Conditions Acknowledgement
Unusual Conditions are construction conditions not normally encountered.
These conditions may include, but are not limited to: frost, landscape
replacement, road compaction, pavement replacement, chip -sealing, rock
digging, boring, incomplete customer trench, nonstandard facilities or
construction practices, and other than available voltage requirements.
I have read and understand the above definition of Unusual
Conditions as set forth in Idaho Power Company's Line Installation
tariff, Rule H. I further understand that Idaho Power Company will
determine the type and extent of the Unusual Conditions encountered.
Unusual Conditions charged for on the Customer Cost Quote sheet, but
not encountered, will be refunded to the Customer by Idaho Power
Company after the completion of construction.
Signed: A /ice�Atti
Customer
Date: x � 2Z L
HIDAM POWER
An tDACORP COMPanV
INDEMNIFICATION AND LIMITATION OF LIABILITY
(hereinafter referred to as "Customer") has entered
into an agreement with Idaho Power Company to C✓z S�� ���� ZF
(hereinafter referred to as "Service") Customer will identify for Idaho Power Company, prior
to the commencement of Services, the location of all underground pipes, lines, and other
facilities (collectively referred to as "Underground Lines") that may be in the area in which
Idaho Power Company is working. Customer agrees to be responsible for identification and
location of all underground lines and to indemnify and hold Idaho Power Company, its
agents, subcontractors, employees, officers and its directors, harmless from Customer's
failure to properly or adequately identify same except to the extent finally determined by a
court of law to have resulted from the gross negligence or willful misconduct of Idaho Power
Company, its agents, subcontractors, employees, officers, and directors.
This indemnification and limitation of liability agreement shall survive the
termination/completion of the Services.
Dated:
Custon
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER: 5F
PROJECT NUMBER:
ITEM TITLE:
Approval of Idaho Power Easement for 1700 E Lanark Parks and Recreation
Maintenance Facility
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
Upon.
/ u,alwnv tteglm
l
PLEASE RETURN TO:
1221 W. Idaho St. (83702)
P.O. Box 70
Boise, ID 83707
Easement—Organization
an Idaho Municipal Corporation
"Grantor(s)", of Ada County, State of Idaho , do hereby grant and convey to IDAHO
POWER COMPANY, a Corporation, with its principal office located at 1221 W. Idaho Street, Boise, Idaho, 83702 (P.O. Box 70, Boise,
ID 83707), its licensees, successors, and assigns, (collectively, "Grantee"), for One Dollar and other valuable considerations, the receipt
and sufficiency of which is hereby acknowledged, a permanent and perpetual easement and right of way, at all times sufficient in width
for the installation, erection, continued operation, maintenance, repair, alteration, inspection, and/or replacement of the following:
Underground Facilities: Underground electrical power line or lines and related facilities and equipment, generally including, but not
limited to, buried power lines and wires, above -ground pad -mounted transformers, junction boxes, cables, conduits, communication lines,
including fiber optics, other equipment, and all related appurtenances, any of which may extend above ground, in certain locations to be
determined by Grantee at Grantee's sole and absolute discretion (all of the above collectively being referred to as the "Facilities")
together with the right to permit the attachment and/or use or placement of the wires, fixtures, cables and conduits of other companies or
parties (all of the same being included within the definition of "Facilities"), on, over, through, under, and across the following premises
belonging to Grantor(s) in Ada County, State of Idaho , in the location described below.
Grantee is hereby also granted the perpetual right of ingress and egress over Grantor's other property necessary for the full and complete
use, occupation, and enjoyment of the easement hereby granted, and together with all rights and privileges incident thereto, including, but
not limited to, (i) the right, at Grantee's expense, to excavate and refill ditches and trenches for the location of the Facilities, (ii) the right,
at Grantee's expense, to cut, trim, and remove trees, brush, bushes, sod, flowers, shrubbery, overhanging branches and other obstructions
and improvements which may injure or interfere with Grantee's use, occupation, or enjoyment of this easement, and (iii) the right, at
Grantee's expense, to install, construct, operate, inspect, alter, maintain, replace, improve and repair any and all aspects of Grantee's
Facilities over, through, under and across the lands subject to this easement.
The location of the easement and right of way granted herein is described as follows:
A parcel of land being 10 feet wide, Situated in the Southwest''/, of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada
County, State of Idaho, said parcel of land is the Grantor's property as described in Warranty Deed, Instrument # 111050851, and being
more particularly described in attached Exhibit "A" and shown on attached Exhibit "B" and made a part herof.
Said parcel contains 5483 sq. ft. more or less.
Grantor shall not alter the grade or elevation of the land within the right-of-way existing on the date hereof through excavations, grading,
installation of berms, or other activities without the prior written approval of Grantee. Grantor shall not place nor build any structure(s)
within the easement area except fences and except as otherwise approved by Grantee in writing.
This Easement shall run with the land and be binding upon the parties' successors and assigns.
Checked by: Ronald M. Hodge, P.L.S.
Work Order #: 27368515
(Signature page immediately follows)
Row04e(12h9 Page 1 of 2 We
Executed and delivered this 29 day of GA rAA ,IS� oo -
Signatu
,yP,o :1/ I' /' I I applicable):
I
Corporate Verification
STATE OF laa hO )))
} ss
COUNTY OF �/� )
I, V 2SS1Cg pY\F� (Notary's Name), a notary public, do hereby certify that on this QC
day of 20personally appeared before memmu d WQ21rd
(Individual's Name Including Title) and
(Individual's
Name Including Title), who, being by me first duly sworn, declared that he/she/they are respectively the duly authorized person(s) of
of Meridian
(Organization Name), that he/she/they
signed the foregoing document, and acknowledged to me that he/she/they executed the same as the free act and deed on behalf of
i
said organization.
(NOTARY SEAL)
My Commission Expires on •J O(-YI )
ROW 046 (12/11) Page 2 of 2 iRc
Exhibit A
Legal Description
Idaho Power Easement
An easement located in the SW '% of Section 8, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, affecting the grantors property as shown in Warranty Deed
Instrument No. 111050851, records of Ada County, Idaho, and more particularly described as
follows:
Commencing at a brass cap monument marking the southwest comer of said SW %, from which
a brass cap monument marking the northwest corner of said SW '% bears N 0°26'11' E a
distance of 2650.93 feet;
Thence N 0026'11" E along the westerly boundary of said SW '% a distance of 735.27 feet to a
5/8 inch diameter Iron pin marking the intersection of E. Lanark Street and N. Locust Grove
Road;
Thence continuing along said westerly boundary N 0°26'11" E a distance of 54.03 feet to a
point;
Thence leaving said westerly boundary S 89°33'49" E a distance of 48.00 feet to a 5/8 inch
diameter iron pin on the easterly right-of-way of said N. Locust Grove Road and the POINT OF
BEGINNING;
Thence N 0°26'11" E along said easterly right-of-way a distance of 12.86 feet to a point;
Thence leaving said easterly right-of-way S 89033'49" E a distance of 10.00 feet to a point;
Thence S 0°26'11" W a distance of 8.72 feet to a point;
Thence S 44°33'57" E a distance of 27.11 feet to a point;
Thence S 89°33'53" E a distance of 235.69 feet to a point;
Thence NORTH a distance of 191.79 feet to a point;
Thence N 25°08'33" E a distance of 57.25 feet to a point;
Thence NORTH a distance of 9.39 feet to a point;
Thence EAST a distance of 10.00 feet to a point;
Thence SOUTH a distance of 11.61 feet to a point;
Thence S 25°08'33" W a distance of 57.25 feet to a point;
Thence SOUTH a distance of 199.63 feet to a point on the northerly right-of-way of E. Lanark
Street;
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Thence N 89°33'53" W along said northerly right-of-way a distance of 249.91 feet to a 518 inch
diameter iron pin;
Thence continuing along said northerly right-of-way N 44033'57" W a distance of 35.40 feet to
the POINT OF BEGINNING.
This parcel contains 5,483 square feet and is subject to any other easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
Revised: August 20, 2012
ncloiuvons Meridian Parks
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Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER: 6
PROJECT NUMBER:
ITEM TITLE:
Items Moved from Consent Agenda
MEETING NOTES
5 5 M, L - /� �C
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: Auqust 28, 2012 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Agreement for Use of Kleiner Park for Barley Brothers Traveling Beer Show Special
Event August 31 -September 2, 2012
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
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT
This AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT (hereinafter
"Agreement") is made this 28 day of August, 2012 (the "Effective Date"), by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and
Tatiana Martz, on behalf of Fermentation Events, Inc., a corporation organized under the laws of the State of
Idaho whose address is 3030 E. Overland Road, Suite 100, Meridian, Idaho (hereinafter "Organizer").
WHEREAS, the respective governing bodies of City and Organizer are mutually interested in
enhancing the Meridian community's quality of life by providing and supporting special event opportunities for
members of the Meridian and greater communities;
WHEREAS, City and Organizer recognize that publicly -held facilities are resources requiring
heightened stewardship and protection;
WHEREAS, Organizer has agreed to be responsible for any costs incurred by City in the course of the
large-scale special event hosted by Organizer at Julius M. Kleiner Memorial Park ("Park"), located at 1900 N.
Records Avenue, in Meridian, Idaho, on August 31 and September 1, 2012; and
WHEREAS, the Meridian City Council finds that it is fiscally responsible and in the best interest of the
community to enter into a contractual agreement establishing the terms and conditions of Organizer's use of
Park;
( NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained,
and in consideration of the recitals above, which are incorporated herein, City and Organizer agree as follows:
I. PERMISSION GRANTED.
Subject to the terms and conditions set forth herein, City hereby grants to Organizer permission to utilize Park
at the time, place, and manner set forth in this Agreement and in City of Meridian Temporary Use Permit no.
TUP-12-0064 for a large-scale special event known as `Barley Brothers Traveling Beer Show" ("Event").
11. OBLIGATIONS OF ORGANIZER.
A. Reasonable use. Organizer shall employ best efforts to ensure that its use of Park and Park facilities,
amenities, infrastructure, and/or vegetation is appropriate and reasonable. Where Organizer's use of Park
and Park facilities, infrastructure, and/or vegetation causes disproportionately excessive damage to same,
Organizer shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement.
Organizer shall exercise best efforts to see that any and all use of Park, to the extent reserved by Organizer,
is in compliance with all laws and with City's policies regarding use of City parks and/or facilities,
including, but not limited to, policies be adopted or enacted by the Director of the Meridian Parks and
Recreation Department.
B. Permitting. In addition to compliance with all terms and provisions of this Agreement, Organizer shall
separately obtain and comply with each and all of the following permits, as required by law:
1. City of Meridian Temporary Use Permit for Special Event;
2. Any and all applicable licenses, permits, inspections, and/or certifications from the Central District
Health Department;
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 1 OF 7
3. Any and all licenses, permits, inspections, and/or certifications required by the City of Meridian
Community Development Department, Building Services Division;
4. Any and all licenses, permits, inspections, and/or certifications required by the City of Meridian Fire
Department;
5. Any and all licenses, permits, inspections, and/or certifications required by the Meridian Parks and
Recreation Department;
6. Alcohol Server Training certification; and
7. City of Meridian liquor catering permit.
C. Fees, costs.
1. By 5:00 p.m. on Wednesday, August 29, 2012, Organizer shall remit to City all applicable application,
permit, and reservation fees, as adopted by fee schedule.
2. By 5:00 p.m. on Wednesday, August 29, 2012, Organizer shall remit to City $1,280.00, to reimburse
City for the cost of providing Meridian Parks and Recreation personnel to staff Park during the Event
and provide facility maintenance and janitorial services before and after the Event. (2 staff for 6 hours
each on August 31 + 4 staff for 10 hours each on September 1 + 2 staff for 6 hours on September 2 = 64
hours x $20/hour = $1,280.00 total.)
3. By 5:00 p.m. on Friday, September 7, 2012, Organizer shall remit to City $1,650, to reimburse City for
the cost of providing three (3) extra -duty Meridian Police Department officers and one (1) supervisor
during the Event. (Officers: 10 hours on September 1 x $40/hour = $400 x 3 officers = $1,200;
Supervisor: 10 hours on September 1 x $45/hour = $450; $1,200 + $500 = $1,700 total.)
4. If Organizer chooses to book Meridian Fire Department to provide a first aid station at Event as required
herein, by 5:00 p.m. on Friday, September 7, 2012, Organizer shall remit to City $1,755.80, to reimburse
City for the cost of providing one (1) Meridian Fire Department paramedic and one (1) Meridian Fire
Department emergency medical technician during the Event. (Paramedic: 10 hours on September 1 x
$46.25/hour + EMT: 10 hours on September 1 x $43.08/hour + $300 for vehicle rental = $1,755.80
total.)
If additional staffing or extended hours are required for the protection of public safety or maintenance of
Park, Organizer shall reimburse City for all staffing costs within fourteen (14) days of City's invoice for
such costs.
D. Time and place. The permission extended under this Agreement shall apply to the Bandshell and Shelter A-
1 from 9:00 a.m. to 9:00 p.m. on Friday, August 31, 2012; to the areas of Park detailed on the event site plan
approved by City under City of Meridian Temporary Use Permit no. TUP-0064 from 9:00 a.m. to 9:00 p.m.
on Saturday, September 1, 2012; and to Shelter A-1 for clean-up from 9:00 a.m, to 9:00 p.m, on Sunday,
September 2, 2012. Pursuant to City Code, Park shall be closed between dusk and dawn.
E. Manner. The permission extended under this Agreement shall be subject to all terms and conditions as set
forth in this Agreement, in City of Meridian Temporary Use Permit no. TUP-0064, and in any applicable
laws and policies, including, without limitation, the Meridian Parks and Recreation Event Planners'
Handbook, attached hereto as Exhibit A. Such terms and conditions shall include, but shall not be limited to,
the following:
1. The public must have general access to all areas of Park at all times, so long as such access does not
unduly interfere with Organizer's use of Park for Event. Signs reading "Free Admission" must be
clearly posted at each entrance to Event.
2. Organizer must provide at least thirty (30) portable toilets during Event, at least two (2) of which must
be handicapped accessible.
3. Driving or parking vehicles on non -designated driving or parking surfaces shall be prohibited, with the
limited exception of vehicles driven short distances on non -designated driving surfaces for the purpose
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 2 OF 7
of transporting, loading, or unloading equipment and supplies during set-up or tear -down. Vehicles may
be driven on turf only at the direction of Meridian Parks & Recreation Department staff.
4. Organizer shall obtain at least one (1) 30 -yard roll -off container from Republic Services and utilize same
to collect solid waste generated by Event activities. Such container shall be located in the park
maintenance service yard located on the east side of the park.
5. Where activities or equipment related to Event damage or destroy turf, landscaping, sprinklers, or other
Park infrastructure or facilities, or otherwise require City to incur additional expenses, Organizer shall
reimburse City for all costs of repair, replacement, or expense within fourteen (14) days of City's
invoice for such costs.
6. Organizer shall make every effort to provide and maintain access to Event for persons with disabilities.
7. No smoking shall be allowed in Park, except in designated parking areas.
8. Used water, grease, charcoal, and other materials and supplies must be carried out of Park at the
conclusion of Event, and may not be disposed of at Park.
9. Organizer is authorized to post ten (10) signs for the purpose of identifying, promoting, advertising, or
directing patrons to Event. Such signs shall be located as represented and approved in City of Meridian
Temporary Use Permit no. TUP-12-0064. Organizer acknowledges that the permission extended by
City under this Agreement to post signs shall extend only to the locations approved in City of Meridian
Temporary Use Permit no. TUP-12-0064, and that it is unlawful to post a sign identifying, promoting,
advertising, or directing patrons to Event without the permission of the owner of such property.
Organizer shall remove all signs identifying, promoting, advertising, or directing patrons to Event by
5:00 p.m. on Sunday, September 2, 2012.
10. A first aid station shall be provided at Event. Such station shall be staffed by personnel trained and
certified at a minimum level of EMT -Basic, and shall fiilly equipped, including, but not limited to,
equipment to secure an airway and at least one (1) AED (automatic external defibrillator). Such station
shall be clearly marked and visible and accessible to all Event participants.
F. Alcohol. Alcohol may be sold to and/or consumed by the public attending the Event, under the following
conditions:
1. Event may not be promoted as an "all you can drink" event. Promotional materials shall not contain the
terms "unlimited," "bottomless," or other like synonyms to describe the amounts of alcohol to be served
at Event.
2. Alcoholic beverages may be sold for a set price for one (1) 4.5 -ounce cup. Cups may not exceed 4.5
ounces in volume. No patron may purchase more than one (1) cup during the Event. If cups run out, no
new Event patrons may be allowed to purchase or consume alcohol. Cups may be sold at a ratio of one
per patron per order; no person may be allowed to purchase more than one beverage at a time. Cups
may be plastic only; glass is not allowed in Park. No individual alcoholic beverages may be sold.
3. Event attendees who are twenty-one (21) years of age or older and who wish to consume alcohol must
be issued a distinctive, nontransferable wrist band, to be displayed on the right wrist. All persons
seeking to obtain a wrist band must be required to produce photo identification demonstrating proof that
such person is at least twenty-one (21) years of age. Wrist bands may not be issued to any person who
does not produce such photo identification. Alcoholic beverages may not be served to any person not
wearing such wrist band. If wrist bands run out, no new Event patrons may be allowed to purchase or
consume alcohol. Event staff issuing wrist bands may not consume alcohol during Event.
4. The area where alcohol is served must be fenced using fencing six feet (6') in height.
5. Signs reading "No alcohol beyond this point" must be clearly posted at all exits. Due care must be taken
to prohibit the removal of alcoholic beverages from the alcohol consumption area.
6. Persons serving alcohol must comply with the requirements of Title 3, Chapter 7, Meridian City Code
(alcohol server training), and may not consume alcohol during Event.
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 3 OF 7
7. Any alcohol-related violations of law or policy occurring during Event shall result in the immediate
suspension of the Event's liquor catering permit. Such violations shall include, without limitation:
illegal consumption or possession of alcohol by a minor and providing alcohol to persons who are not
wearing a designated wristband. The Meridian Parks and Recreation Department or Police Chief or
designee may suspend the Event's liquor catering permit where there is a high incidence of Event
patrons transferring wristbands to minors or other non-wristbanded persons, or where there is a high
incidence of alcohol consumption or possession elsewhere in Park, i.e., outside of the Event's designated
Event alcohol consumption area.
8. All kegs and other containers holding liquid or ice shall be placed on pathways or other paved surfaces,
not on turf.
G. Security. Event security personnel shall be provided at the Event, as follows:
1. Organizer shall provide at least eight (8) event security personnel at Event, to include two (2) at each
entrance to the Event.
2. It is understood and agreed that Organizer will contract with Protector Services of Idaho, LLC, whose
address is 514 Lawrence, Boise, Idaho, for event security services at Event.
3. Event security personnel must be clearly identifiable as such with shirts clearly marked with the word
"Security."
4. Event security personnel may not consume alcohol during the Event.
5. Organizer shall provide at least three (3) extra -duty Meridian Police Department officers and one (1)
supervisor to staff the event at Organizer's sole expense, pursuant to policies established by the
Meridian Police Department and at the rate established by fee schedule.
6. Organizer agrees that in the event the Chief of Police or his designee deems this level of security to be
insufficient to protect the health and safety of Event attendees, Park users, and/or the general public,
additional extra -duty Meridian Police Department personnel shall staff the event at Organizer's sole
expense, pursuant to policies established by the Meridian Police Department and at the rate established
by fee schedule. Organizer shall reimburse City for all costs of extra -duty personnel staffing by MPD
within fourteen (14) days of City's invoice for such costs.
H. Insurance. As required by Meridian City Code, Organizer shall submit to City proof of an insurance policy
issued by an insurance company licensed to do business in Idaho protecting Organizer, Organizer's
employees, and Organizer's agents from all claims for damages to property and bodily injury, including
death, which may arise during or in connection with Event, including Event set-up and tear -down. Such
insurance shall name City as additional insured, and shall afford at least five hundred thousand dollars
($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily
injury, and five hundred thousand dollars ($500,000.00) per occurrence property damage. The limits of
insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as
set forth in this Agreement or any permit. If City becomes liable for an amount in excess of the insurance
limits herein provided due to the actions or omissions of Organizer or any Organizer employee, agent,
contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Event or
related activities, Organizer covenants and agrees to indemnify and save and hold harmless City from and
for all such losses, claims, actions, or judgments for damages or liability to persons or property.
I. Post -Event review. On Tuesday, September 4, 2012, at 8:30 a.m., Organizer shall meet with the City
Contact to survey the Event area and provide input regarding successes and challenges related to Event.
�.
.11. OBLIGATIONS OF CITY.
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 4 OF 7
A. Facility operation. Except as otherwise set forth herein, City shall provide general maintenance, mowing,
irrigation, and custodial services with regard to Park facilities, infrastructure, and vegetation. City shall
provide all necessary utilities and services to Park facilities, including, but not limited to, electricity, potable
water, sewage service, and/or typical waste and refuse removal. City shall cause the repair and/or
replacement of any and all Park facilities, infrastructure, and/or vegetation that are physically damaged by
acts of nature. To the extent that the cause of damage is attributable to Event activities, Organizer shall be
responsible for the cost of repair or replacement.
B. Primary Source of Contact for City. City shall provide Organizer the name, e-mail address, and
telephone number of specific City personnel (hereinafter "City Contact") who shall serve as City's primary
contact between City and Organizer for all day-to-day matters regarding set-up, operation, and tear -down of
in Park. City Contact for Event shall be:
City Contact: Colin Moss, Recreation Coordinator
Meridian Parks and Recreation Department
E-mail: cmoss@meridiancity.org
Cell Phone: 208-866-9987
Office Phone: 208-888-3579
IV. GENERAL PROVISIONS.
A. Warranty of good standing. Organizer warrants that Fermentation Events, Inc. is a corporation in good
standing, organized under the laws of the State of Idaho. Organizer shall, by 5:00 p.m. on August 29, 2012,
provide proof of such status to City. Organizer acknowledges that City enters into this agreement under the
understanding that, and on the express condition that, Fermentation Events, Inc. does hold such status.
Upon the failure of this condition for any reason, this Agreement and the permissions granted hereunder
shall be automatically void; City of Meridian Temporary Use Permit no. TUP-12-0064 and City of Meridian
Liquor Catering Permit no. LCP-12-0040 shall be revoked; and the City shall have no further obligation to
Organizer.
B. Notice. Communication between Organizer and the City Contact regarding day-to-day matters shall occur
via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in
writing and be deemed communicated when personally served, or mailed in the United States mail, or via e-
mail, addressed as follows:
City: Organizer:
City of Meridian Tatiana Martz
Attn: Parks and Recreation Director Fermentation Events, Inc.
33 E. Idaho Avenue 3030 E. Overland Road, Suite 100
Meridian, Idaho 83642, Meridian, Idaho 83642
ssiddoway@meridiancity.org tatiana@brewforia.com
C. Public park. The parties hereto expressly acknowledge that Park is a public space, the management and
scheduling of which shall at all times be within the sole purview of City. City shall have the right to allow
the use of Park, and close all or any portion of Park, for any and all purposes and under any and all
conditions.
D. No right to exclude conveyed. Any exclusive use granted to Organizer by this Agreement shall include
neither the right to exclude any law-abiding person from Park where such person is not interfering with
Organizer's use thereof, nor the right to interfere with any person's concurrent, lawful use of Park where
such concurrent use does not conflict or interfere with Organizer's use. At all times Organizer shall be on
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 5 OF 7
an equal footing with the general public regarding its use of Park. Organizer shall exercise any exclusive
( use granted by this Agreement only in accordance with the terms of this Agreement and in accordance with
any and all applicable laws and City policies.
E. Assignment. Organizer shall not assign or sublet all or any portion of Organizer's interest in this
Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written
consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are
binding upon the respective organizations, legal representative, successors, and assigns of the parties.
F. No agency. Neither Organizer nor Organizer's employees, agents, contractors, officials, officers, servants,
guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in
their use and occupancy of Park.
G. Indemnification. Organizer and each and all of Organizer's employees, agents, contractors, officials,
officers, servants, guests, and/or invitees, including any and all participants in Event or related activities,
shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments
for damages, or injury to persons or property and losses and expenses caused or incurred by Organizer or
any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant
in or observer of Organizer programming, at or in its use of Park or any lack of maintenance or repair
thereon and not caused by or arising out of the tortious conduct of City.
H. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of
the premises; Organizer accepts Park for use as is, both at the Effective Date of this Agreement and
i throughout the course of Event and all related activities.
I. Compliance with laws. In performing the scope of services required hereunder, City and Organizer shall
comply with all applicable laws, ordinances, and codes of Federal, State, and local governments.
J. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement,
the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and
reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be
deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
K. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as
set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this
Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default
of this Agreement.
L. Termination.
Grounds. Grounds for tennination of this Agreement shall include, but shall not be limited to: an act or
omission by either party which breaches any term of this Agreement; an act of nature or other
unforeseeable event which precludes or makes impossible the performance of the terms of this
Agreement by either parry; or a change in or occurrence of circumstances that renders the performance
by either party a detriment to the public health, safety, or welfare.
2. Process. Either party may terminate this Agreement by providing twenty-four (24) hours notice of
intention to terminate. Such notice shall include a description of the breach or circumstances providing
AGREEMENT FOR USE of KLEINER PARK FOR SPECIAL EvENT PAGE 6 of 7
grounds for termination. A twenty-four (24) hour cure period shall commence upon provision of the
notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or
circumstances providing grounds for termination has not occurred, this Agreement shall be terminated
upon mailing or e -mailing of notice of termination.
M. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such
holding will not affect the validity or enforceability of any other part of this Agreement so long as the
remainder of the Agreement is reasonably capable of completion.
N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement
as if the exhibits were set forth in their entirety in this Agreement.
O. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all
other agreements or understandings, oral or written, whether previous to the execution hereof or
contemporaneous herewith.
P. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such
term, and any right or remedy hereunder may be asserted at any time after the governing body of either
party becomes entitled to the benefit thereof, notwithstanding delay in enforcement.
Q. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the
laws of the State of Idaho.
R. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, she is duly
authorized to act as the representative and agent of Fermentation Events, Inc. Organizer further warrants
that she is authorized to bind Fermentation Events, Inc. and its principals to the obligations set forth herein,
and to accept the liabilities as established herein on behalf of Fermentation Events, Inc. and its principals.
S. Approval required. This Agreement shall not become effective or binding until approved by both
Organizer and by Meridian City Council.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
FERMENTATION EVENTS, INC.:
BY:
Ta iana Martz
CITY OF MERIDIAN:
M
0tyof
Tammy deJGVerd, Mayor `m " ` �o.NTp�ee(fjolman, City Clerk
(� \ SEAL >
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 7 of 7
EXHIBIT A
Meridian Parks and Recreation
Event Planners' Handbook
-: >` Meridian Parks and Recreation
1 M Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
Introduction
Thank you for your interest in hosting an event in a Meridian City park! Well-run community
events play a large role in making the City of Meridian a premier place to live, work and raise a
family. This handbook has been developed to guide event organizers in planning and hosting an
event in a Meridian park. Meridian City Code provisions regarding special events do apply.
For your reference, the Meridian City Code is available online by visiting the City of Meridian
website at www.meridianciiy.org and clicking on "City Code" under the "City Government" tab
at the top of the page. Special Events are addressed in Meridian City Code section 3-4-3.
Meridian Parks and Recreation Department staff will assist you in any way they can through the
permitting process and answer questions as quickly as possible to help ensure your event is a
success. If you do have questions regarding anything in this handbook or would like to start
talking about your event, please contact us!
Sincerely,
Colin Moss
Recreation Coordinator
Meridian Parks and Recreation
33 E. Broadway Ave.
Meridian, ID 83642
Phone: 888-3579
Fax: 898-501
E -Mail: cmossna.meridiancitv.org
www.meridiancitv.org/p/parks rec
www.facebook.com/meridianuarksandrecreation
PAGE 1 OF 16
EVENT PLANNER'S HANDBOOK- MARCH 2012
CWERZAN- Meridian Parks and Recreation
w Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
recreationnmeridinneitv.nro . www meridiancity nrn/narlrc .or ........., s,.a,.,,,.v.............aa:..__.._,....._a______-:__
Table of Contents
PAGE 2 OF 16
EVENT PLANNER'S HANDBOOK— MARCH 2012
Special Event Approval Process........................................................................pag3
Parks Available for Special Events..........................................................................4
Admission Charges for Events.....................................................................................4
Alcohol Sales and Consumption.............................................................................4
Americans with Disabilities Act (ADA)....................................................................5
AmplifiedSound...............................................................................................6
Cancellation and Refund Policy..............................................................................6
Fees..............................................................................................................6
Field/Layout Marking.........................................................................................8
Insurance........................................................................................................8
OvernightRV Camping.......................................................................................9
ParkHours......................................................................................................9
ParkScheduling................................................................................................9
Parkingand Security..........................................................................................10
Restrooms.....................................................................................................10
Signage.........................................................................................................10
Site Plan and Schedule of Event Activities...............................................................
l l
SmokeFree Parks............................................................................................11
Sponsors.......................................................................................................11
Tents, Stages, Fencing, and Other Temporary Structures..............................................11
Trash Receptacles and Dumpsters.........................................................................12
Trees............................................................................................................12
Utilities and Generators.....................................................................................13
VehicleRestrictions..........................................................................................13
Vendors and Concessionaires..............................................................................13
Relevant Contact Information..............................................................................14
Attachment A: Sponsorship of Privately -Organized Events
in City Parks Policy......................15
PAGE 2 OF 16
EVENT PLANNER'S HANDBOOK— MARCH 2012
CrWENLN -- Meridian Parks and Recreation
Q Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
L Special Event Approval Process
Step 1: Contact Meridian Parks and Recreation to tentatively reserve facility while
waiting for approval for your event.
Recreation Coordinator — Special Events
Phone: 888-3579
Fax: 898-5501
E -Mail: cmoss e,meridiancity.ore
Step 2: Submit a completed Temporary Use Permit application and all required
application materials to the City of Meridian Clerk's Office at least thirty
(30) days before the event start date. Required documents include:
• Completed Temporary Use Permit application.
• Event site plan.
• Proof of liability insurance policy with the City of Meridian named
as additionally insured.
• List of all event vendors and concessionaires.
• Central District Health Department written approval and/or permits
if food or drink will be sold or given away.
• Schedule of events.
• $150 application fee or proof of 501(c)(3) status.
If public rights-of-way such as sidewalks or roads will be used for the
event in addition to a park, a Citizen's Use Permit will also be required,
with the necessary additional documentation including:
• Completed Citizen's Use Permit.
• Event route map.
• Proof of liability insurance policy with the Ada County Highway
District named as additionally insured.
• $50 application fee or proof of 501(c)(3) status.
Both the Temporary Use Permit and Citizen's Use Permit should be
submitted to:
City of Meridian Clerk's Office
33 E. Broadway Ave.
Phone: 888-3579
Fax: 888-4218
PAGE 3 OF 16
EVENT PLANNER's HANDBOOK— MARCH 2012
CNIEIDTAN-- Meridian Parks and Recreation
II�mH�
Meridian Parks and Recreation • 33 E. Broadway Ave.
Event Planners Handbook
Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
Step 3: Pay park reservation fees for your event to Meridian Parks and Recreation,
work with staff to meet all you permit's conditions of approval and host a
great event!
2. Parks Available for Special Events
A. Regional Parks Settlers Park 51 acres
B. Community Parks
C. Special Use Parks
3245 N. Meridian Rd.
Julius M. Kleiner Memorial Park
1900 N. Records Ave.
Storey Park
205 E. Franklin Rd.
Bear Creek Park
2400 S. Stoddard Rd.
Tully Park
2500 N. Linder Rd.
Heroes Park
3064 W. Malta Dr.
Generation's Plaza
804 N. Main St.
Other sites may be available by special request and approval.
60 acres
15 acres
19 acres
19 acres
30 acres
0.3 acres
3. Admission Charges for Events
Event organizers may set up a perimeter for their event, and may establish designated
entrance and exit points, but may not charge admission for anyone to enter a public park
or other facility. Further, no fee can be charged to park in a City -owned parking lot.
4. Alcohol Sales and Consumption
A. Events Featuring Alcohol Sales
Each business selling alcohol must apply for and be approved for a Liquor
Catering Permit through the City of Meridian Clerk's Office.
If alcohol is being sold at an event, there must be a fenced perimeter around
the area in which alcohol is being sold and consumed. The fenced area may
include the entire event area (so that those who have purchased alcohol can
PAGE 4 or 16
EVENT PLANNER'S HANDBOOK- MARCH 2012
IDIAN-- Meridian Parks and Recreation
N v Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
take it elsewhere within the event), or it may also consist of a beer garden with
the rest of the event area being unfenced.
• Event patrons who may lawfully purchase alcohol during an event must be
identified with a nontransferable wrist band. The event organizer is
responsible for ensuring that age is confirmed by picture identification prior to
wrist banding. It is the event organizer's responsibility to have enough wrist
bands. If the wrist bands run out, no new event patrons may be served
alcohol.
• No alcohol sold within the fenced alcohol area may leave and no outside
alcohol may be brought into the fenced alcohol area. Every entrance/exit
point must be staffed to enforce this policy. At each exit point from the
alcohol area, a sign must be posted with notice of "No alcohol beyond this
point."
B. Events Allowing Patrons to Bring Their Own Alcohol
• The event organizer must apply for and be approved for a Park Alcoholic
Beverage Permit through the Meridian Parks and Recreation Department.
• The event area does not need to fenced, but signs must be posted prominently
around the event perimeter with notice of "No alcohol beyond this point" or
"No open containers beyond this point."
C. Alcohol sales and consumption shall be from sunrise until sunset only. Alcohol
may not be consumed during times when the park is closed, even when overnight
RV parking has been approved.
D. Glass beverage containers are prohibited in all Meridian parks.
E. Alcohol sales and consumption regulations may be modified depending on the
size, scope, location and/or time of the event.
F. Any alcohol violations that take place during the event including illegal
consumption, possession of alcohol by any minor, taking alcohol to others areas
of the park besides those designated for alcohol, or any other violation of sections
A -D above will result in the immediate suspension of any Park Alcoholic
Beverage Permit and/or Liquor Catering Permit approved for the event.
5. Americans With Disabilities Act (ADA)
ADA legislation directs the City of Meridian to provide equal access for people with
disabilities. Event organizers must make every effort to follow ADA guidelines and
provide and maintain access for people with disabilities. This includes maintaining
access for sidewalks and curb cuts, and maintaining designated parking spaces for people
with disabilities. If the event calls for additional parking, then appropriate parking for
people with disabilities must be provided. ADA compliant restrooms must be made
available (see Restrooms).
PAGE 5 OF 16
EVENT PLANNER'S HANDBOOK- MARCH 2012
WE IDIAhT-- Meridian Parks and Recreation
Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
6. Amplified Sound
An approved Temporary Use Permit allows for the use of amplified sound such as bands,
DJs, radio, etc. The level of the amplified sound may not exceed sixty-two (62) decibels
measured at the perimeter of the park.
7. Cancellation and Refund Policy
A $5.00 processing fee is charged on all reservation cancellations. A refund will not be
issued when the cancellation is made less than ten (10) calendar days before the event. If
weather conditions force the cancellation of an event, a refund will be processed to the
payers account with Meridian Parks and Recreation. That money will then be available
to use at a later date or the following year. Cash refunds are not given when the
cancellation is made less than ten (10) days before the event, regardless of the reason for
cancellation.
S. Fees
Meridian City Clerk permit fees are due with the permit application at least thirty (30)
days before the event. These fees are eligible to be waived with a proof of 501(c)(3)
( status. Please note that the organization's name must be the same on the proof of
501(c)(3) status, permit application, and insurance policy.
Description Per Fee
Temporary Use Permit Per Event $150
Citizens Use Permit (only needed when the event
includes public right of ways such as roads and/or Per Event $50
sidewalks)
All Meridian Parks and Recreation fees must be paid prior to the event. Fees are listed
below. Picnic shelter time blocks are: 9:00 a.m. to 2:00 p.m. and 4:00 p.m. to 9:00 p.m.
Description
Per
Fee (tax not
included
Picnic Shelters
Settlers Park Shelter #1 (Capacity 200)
Settlers Park Shelter #2 (Capacity 100)
Settlers Park Shelter #3 (Capacity 50)
Per Time Block
$30.00
Storey Park Blue Shelters (Capacity 200)
Storey Park Green Shelter (Capacity 200)
Bear Creek Park Shelter (Capacity 100)
Heroes Park Shelter (Capacity 300
Tully Park Shelter (Capacity 300)
Per Time Block
$60.00
PAGE 6 of 16
EVENT PLANNER'S HANDBOOK -MARCH 2012
(:> E j , jb�i*, Meridian Parks and Recreation
1 Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
Julius M. Kleiner Memorial Park Shelter Al
(Capacity 400)
Per Time Block
$100.00
Julius M. Kleiner Memorial Park Shelter B 1
(Capacity 500)
Julius M. Kleiner Memorial Park Shelter A2, A3
Per Time Block
$50.00
and A4 (Capacity 100 each)
Softball/Baseball Fields
Settlers Park
Per Hour
$10.00
Bear Creek Park
Per Day
$75.00
Storey Park
Tully Park
Multi -Use Grass Fields
Settlers Park (Five Fields Available)
Per Hour
$10.00
Heroes Park (Five Fields Available)
Per Day
$75.00
Bear Creek Park (One Field Available)
Tully Park (One Field Available
Basketball Courts
Per Hour
$10.00
Heroes Park (Three Courts Available)
Per Da
$75.00
Bandshells
Julius M. Kleiner Memorial Park Bandshell (1-500
$300
people)
Per Day
Julius M. Kleiner Memorial Park Bandshell (500+
$500
people. Temporary Use Permit required)
Park Packages
Settlers Park East Half #1 (Includes Shelter #1
$300.00
and Multi -Use Fields A-E. Required for events
over 1,000 people.)
Settlers Park East Half #1-3 (Includes Shelters
$400.00
#1, #2 and #3 and Multi -Use Fields A-E.
Required for events over 1,500)
Heroes Park (Includes Shelter and all grass fields)
$300.00
Storey Park (Includes Blue Shelter and grass area)
Per Day
$200.00
Julius M. Kleiner Memorial Park Al (Includes
$500.00
Shelter Al and adjacent grass area. Up to 1,000
people.)
Julius M. Kleiner Memorial Park Al -A2
$750.00
(Includes Shelter Al, A2 and adjacent grass
area. 1,000-2,000 people.)
Julius M. Kleiner Memorial Park Al -A4
1,000.00
(Includes Shelter Al, A2, A3 and A4 and
adjacent grass area. 2,000-3,000 people.)
PAGE 7 OF 16
EVENT PLANNER'S HANDBOOK -MARCH 2012
C%WENL Meridian Parks and Recreation
Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
Julius M. Kleiner Memorial Park Full Park
(Includes Shelter Al, A2, A3, A4, B-1,
1,500.00
bandshell, and grass area. 3,000+ people.)
Park Alcoholic Beverage/Liquor Catering Permit
Per Day Per Vendor
$20.00
Baseball/Softball Field Prep
Per Field Per
$12.50
Occurrence
Field Lights
Storey Park Herald Cox Softball Field Lights
Per Hour
$15.00
Heritage Middle School Ballfield Lights
$15.00
Storey Park Mo Brooks Baseball Field Lights
$25.00
Meridian Parks and Recreation On -Site Staff
MPR staff will be available during regular staff
hours (7:00am-3:30pm daily) at no additional
Per Hour Per
charge. For events over 750 people, the event
Staff
$20.00
organizer will be required to pay for 1 staff to stay
past 3:30pm until the event's conclusion. For
events over 1,500 people, 2 staff will be required.
Event organizer will also be responsible for reimbursing the Meridian Parks and
Recreation Department for any cleanup beyond routine maintenance, loss or damage to
City property resulting from the event.
9. Field/Layout Marking
With prior consent by the Meridian Parks and Recreation Department, the event
organizer may be permitted to paint on the grass to identify the location for vendors,
stages, athletic fields, etc. Permission may be withheld or conditioned depending on the
event location, time of year and field condition. The painting cannot take place more
than three days prior to the event. The type and color of paint must be approved by the
Meridian Parks and Recreation Department. Painting on any surface besides grass is
prohibited.
10. Insurance
All event organizers are required to maintain an event insurance policy containing:
• The City of Meridian named as additionally insured,
• A minimum of $500,000 per person bodily injury,
• A minimum of $500,000 per occurrence bodily injury,
• A minimum of $500,000 per occurrence property damage.
Proof of insurance coverage must be submitted with the Temporary Use Permit at least
thirty (30) days before the event. The name on the insurance policy must match the name
of the Temporary Use Permit applicant. If applying to have the Temporary Use Permit
PAGE 8 OF 16
EVENT PLANNER's HANDBOOK—MARCH 2012
(:>WEN? - Meridian Parks and Recreation
1 M Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
fee waived, the organization name on the insurance policy must also match the
organization name on the proof of 501(c)(3) status.
11. Overnight RV Camping
Staying overnight in a park will be allowed only by written order of the Department
Director. Overnight stays will be permitted only in recreational vehicles or campers in
the parking lot. Tent camping is not permitted. Approval will only be given in
conjunction with an approved Temporary Use Permit. The following conditions will
apply when approval has been given to stay in the park overnight:
• Staying overnight will be limited to individuals who have a need to stay on-site
throughout the night for the successful operation of the event.
• No other vehicles besides the RVs or campers approved for overnight parking
will be allowed to stay in the park overnight.
• City of Meridian quiet hours are from 11:00 p.m. to 6:00 a.m, as established by
Meridian City Code section 6-3-6.
• Alcohol consumption is prohibited during overnight hours, even in association
with events that have alcohol permits. Any and all alcohol consumption must
cease at the end of the event for the day or at sunset, whichever is earlier.
• The location within the park where overnight camping will take place must be
approved by the Meridian Parks and Recreation Department.
12. Park Hours
All City of Meridian parks are open from sunrise until sunset. Events may not operate
outside these times unless written permission is given by the Meridian Parks and
Recreation Department.
13. Park Scheduling
Meridian Parks and Recreation is a public agency and, therefore, exclusive use of a park
facility cannot be granted. Public access to non -reservable park amenities such as
playgrounds must be maintained at all times. An event organizer may choose to restrict
public access to an event, but may only restrict access to reserved facilities, such as
picnic shelters. Meridian Parks and Recreation also cannot grant any kind of "buffer
time" around an event in which similar events are not allowed to be scheduled.
Annual events are given first priority in the event scheduling process and can be
tentatively scheduled up to two years in advance. All other events can be tentatively
scheduled up to one year prior to the event start date.
The event organizer should notify Meridian Parks and Recreation as soon as possible if a
tentatively scheduled event needs to be cancelled. A tentative park reservation will be
PAGE 9 OF 16
EVENT PLANNER'S HANDBOOK -MARCH 2012
C%WERQIAN -- Meridian Parks and Recreation
to Q Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
automatically cancelled if the Temporary Use Permit application is not submitted to the
Meridian City Clerks Department the required 30 days before the event start date.
14. Parking & Security
Parking is limited to designated areas and is available on a first come, first served basis.
All roadways and parking lot drive aisles are fire lanes and cannot be blocked.
Depending on the size and scope of the event, the event organizers may be required to
submit written traffic control, security, off-site parking and/or shuttle service plans at
least thirty (30) days prior to the event start date.
If the event organizer wishes to have an on-site police presence during their event, on -
duty officers can be requested through the Meridian Police Department. Contact Lt.
Scott Colaianni with the Meridian Police Department at 888-6678 or
scolaianni@meridiancity.org for availability and information regarding this service.
15. Restrooms
One restroom for each gender is required for every two hundred (200) people attending
an event. If there are not enough on-site restrooms to accommodate the size of the event,
the Central District Health Department requires that portable restrooms and hand washing
stations be provided and removed at the expense of the event organizer so this standard is
met.
If additional restrooms are needed, at least one ADA restroom must be included in each
group. All portable restrooms must be placed on hard surfaces and be accessible from the
roadway. Portable restroom supply and service companies may drive on pavement only.
Location(s) of portable restroom must be approved by Meridian Parks and Recreation.
These units should be serviced as needed. All portable restrooms must be removed from
the park at the end of the event.
16. Signage
Special events taking place within the City of Meridian are restricted by code to a
maximum of two hundred (200) signs no larger than six (6) square feet each and a
maximum of twelve (12) signs no larger than thirty-two (32) square feet each. These
maximums include on-site and off-site signs. Event organizers must get property owner
permission to erect any off-site signs. No off-site signs may be erected at other Meridian
park sites. On-site signs are limited to the day of the event and may only be located in
the event area with the one exception detailed in the following paragraph. On-site signs
may not be erected in other areas of the park unless approved by Meridian Parks and
Recreation.
PAGE 10 OF 16
EVENT PLANNER'S HANDBOOK -MARCH 2012
C✓ YL E IDIAN, " Meridian Parks and Recreation
r M o Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, IA 83642 • Phone: 888-3579 • Fax: 898-5501
An event organizer may be authorized to erect one on-site sign, up to thirty-two (32)
square feet in size, no more than five (5) days prior to the event start day. The location of
the sign must be approved by Meridian Parks and Recreation.
17. Site Plan and Schedule of Event Activities
An event site plan must be submitted with the Temporary Use Permit at least thirty (30)
days before the event. The site plan must include:
• Event name, date and location
• Proposed location of temporary structures including tents, fencing, stages, etc.
• Proposed locations of goods, vendors, and displays
• Proposed locations of first aid stations, portable restrooms, and hand washing
stations
• Proposed locations of temporary signs
• Proposed location of generators
• Any other major service needed or activity planned
Park maps are available upon request or can be downloaded from the Meridian Parks and
Recreation's website at www.meridiancity.org/parks rec on the "Current Parks" page.
Meridian Parks and Recreation reserves the right to adjust the proposed event layout
based on weather, turf conditions, maintenance or public safety issues.
A schedule of event activities must also be submitted with the Temporary Use Pennit at
least thirty (30) days before the event. The schedule must include:
• Setup and take downtimes
• Event start and end times
• List of the times for all event activities
18. Smoke -Free Parks
All Meridian parks are smoke-free zones with the exception of the parking lots. The
event organizer will be expected to help uphold this policy by notifying event patrons as
necessary.
19. Sponsors
All event sponsors must be listed on the Temporary Use Permit application, which is due
30 days before the event start date. The event organizer may not invite any business or
organization to sponsor their event that violates Meridian Parks and Recreation's .
"Sponsorship of Privately -Organized Events in City Parks" Policy. Please see
Attachment A on page 15 to view the complete policy.
20. Tents, Stages, Fencing and Other Temporary Structures
The size and location of all tents, stages, fencing and other temporary structures are
required to be provided with the event site plan.
PAGE 11 OF 16
EVENT PLANNER's HANDBOOK— MARCH 2012
rN E Meridian Parks and Recreation
iDAHo
Meridian Parks and Recreation • 33 E. Broadway Ave.
Event Planners Handbook
• Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
Each event's proposed site plan will be reviewed by the Meridian Fire Department and
the Meridian Building Department for compliance with Fire and Building Codes. Several
factors including tent side-walls, size and location of tents, and others will go into the
conditions of approval or basis for denial of one or more tent(s) or other temporary
structure(s).
As a general rule, an individual tent or group of tents put together may not exceed seven
hundred (700) square feet. Every seven hundred (700) square foot or less tent or group of
tents must have a minimum clearance distance of twelve (12) feet from other tents or
temporary structures. Example: If an event is using multiple 10' x 10' (100 square foot)
tents, seven (7) of those tents may be placed side-by-side or in a group at which point
there must be a twelve (12) foot break before the next group of seven (7) tents. As this is
a general rule, though, tents smaller or larger than seven hundred (700) square feet may
be approved, may be subject to additional conditions of approval, or may be denied on a
case-by-case basis.
To avoid damage to turf and underground utility lines, Meridian Parks and Recreation
prefers all temporary structures to be secured with water barrels or sandbags instead of
stakes. If stakes must be used, the location of such stakes must be approved by the
Meridian Parks and Recreation Department. Stakes less than eight inches (8") long do
not need approval.
21. Trash Receptacles and Dumpsters
The Meridian Parks and Recreation Department can provide up to ten (10) extra trash
cans at no additional charge when necessary. Depending on the size and scope of the
event, additional trash cans and/or dumpsters may be required beyond what the Meridian
Parks and Recreation Department can provide. In that case, the event organizer will be
responsible to contact the City's waste collection franchisee and arrange for sufficient
trash receptacles and/or dumpsters to be available at the event and pay any associated
fees for that service.
Currently, Settlers Park is the only City park that has permanent recycling containers.
For events taking place at other parks, the use of temporary recycling containers is
encouraged.
22. Trees
No person in any City park shall damage, cut, carve, transplant, or remove any tree or
plant or injure the bark, or pick the flowers or seeds, of any tree or plant. Trees also may
not be used to hang any kind of sign using rope, wire, staples, tacks, glue, or anything
else that could potentially be of harm to the tree.
PAGE 12 OF 16
EVENT PLANNER'S HANDBOOK -MARCH 2012
(:> WEN? IDIAN� -- Meridian Parks and Recreation
1 Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
23. Utilities and Generators
Electricity and water utilities are available for event use at no additional charge.
Meridian Parks and Recreation staff will notify the event organizer of where these
utilities are available, but will not be able to provide extension cords, hoses, etc to access
them. If additional power is needed for an event beyond what is available at the park, it
will be the event organizer's responsibility to provide generators.
All generators must be UL -approved and may not be operated between 11:00 p.m. and
6:00 a.m. per City of Meridian noise ordinance. Generators must be located a minimum
of twenty feet (20') from all tents or structures. Fuel must be kept in an approved safety
container and kept in a secure area away from the generator. Generators must be shut off
before being refueled.
24. Vehicle Restrictions
Any unapproved vehicles left in the park after sunset will be towed at the owner's
expense.
Due to possible turf and sprinkler head damage, vehicles are restricted to paved roads or
parking areas unless when specific vehicles are approved to drive on the turf. In such
cases, Meridian Parks and Recreation will work with the event organizer to delineate
approved entrance and exit routes, which specific vehicles will be allowed to drive on the
turf, and which specific vehicles/trailers may remain on the turf for the duration of the
event. When a vehicle/trailer has been approved to remain on the turf throughout an
event, that vehicle/trailer must have plywood pillows under the wheels and tongue jack.
25. Vendors and Concessionaires
Event organizers may engage food, craft and other service and product vendors as part of
their special event. A list of all event vendors must be submitted with the Temporary Use
Permit at least thirty (30) days before the event start date. All vendor vehicles and
trailers are subject to the same restrictions as other vehicles as detailed in the "Vehicle
Restrictions" section. For any vendor selling or giving away food or drink, the following
conditions will apply:
• Each vendor who is selling or giving away food and/or drink must be listed in the
permit application to the Central District Health Department. A copy of the
Central District Health Department's written approval and/or permit must be
included with the event organizer's Temporary Use Permit.
• If vendor is operating an enclosed concessions vehicle or trailer, they must have
completed a fire inspection prior to the event. Contact the Meridian Fire
Department at 888-1234 to schedule an inspection.
• Glass beverage containers are prohibited in all Meridian parks.
• Vendors must carry out used water, grease, and charcoal.
PAGE 13 of 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
C`E IDIAN Meridian Parks and Recreation
Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
Any vehicles/trailers used for cooking on-site will be required to be separated
from all other vendors or tents by a minimum of twenty feet (20').
Cooking equipment must be located a minimum of ten feet (10') from any tent or
combustible material.
If any vendor wishes to sell, demonstrate, or use any type of firearm rifle or pistol
including air powered; any type of archery bow including but not limited to long
bows, compound bows, and crossbows; or any type of edged weapon including
but not limited to knives, machetes, and swords, the event organizer must submit
an attachment with the Temporary Use Permit that includes the vendor name, the
type of weapon that will be sold, demonstrated, or used, and an operational plan
for the successful, safe execution of the proposed sales, demonstration or use.
26. Relevant Contact Information
Here are some helpful contact numbers to get your event questions answered:
Agency
Phone Number
Fax Number
Meridian Parks and Recreation
888-3579
898-5501
33 E. Broadway Ave.
Meridian City Clerks Office
888-4433
888-4218
33 E. Broadway Ave.
Meridian Fire Department
888-1234
895-0390
33 E. Broadway Ave.
Meridian Police Department
888-6678
846-7366
1401 E. Watertower Ave.
Ada County Highway District
387-6140
345-7650
3775 Adams St. — Boise
Central District Health Department
Environmental Health
327-7499
327-8553
707 N. Armstrong Pl. — Boise
Sanitary Services Company
888-3999
888-5052
2130 W. Franklin Rd.
PAGE 14 of 16
EVENT PLANNER'S HANDBOOK- MARCH 2012
Attachment A
CiWE IDIAN�,-
IDAHO
Meridian Parks and Recreation Department
ADMINISTRATIVE POLICY
SUBJECT: SPONSORSHIP OF PRIVATELY -ORGANIZED EVENTS IN CITY PARKS
PURPOSE: To provide a written policy describing acceptable sponsors for events and
activities that are sponsored by private parties and that are held in City Parks and
facilities.
POLICY: A. All sponsors of events held in City Parks and facilities shall adhere in
every respect to all applicable federal, state and local laws, regulations
and City policies.
B. Any sponsor which promotes or endorses any of the following content may
not sponsor any event or activity held in a City Park or facility:
1. Content that is deemed in violation of this policy or any other applicable
City policy;
2. Profane, obscene, indecent, violent, or pornographic content and/or
language;
3. Content that promotes, fosters or perpetuates discrimination on the basis
of race, creed, color, age, religion, gender, sexual orientation, or national
origin;
4. Defamatory or personal attacks;
5. Threats to any person or organization;
6. Content that promotes, fosters or perpetuates conduct in violation of any
federal, state or local law;
PAGE 15 OF 16
EVENT PLANNER'S HANDBOOK -MARCH 2012
7. Content that encourages or incites illegal activity;
8. Information that may tend to compromise the safety or security of the
public or public systems;
9. Content that violates a known legal ownership interest, such as a
copyright, of any party; or
10. Any content that contains or perpetuates a message that the Director of the
Parks & Recreation Department deems to be inappropriate and not in the
best interest of the City of Meridian.
C. If the City becomes aware that any engaged or potential sponsor of an event or
activity held in a City Park or facility promotes or endorses such content, the
City may deny or revoke any permit, reservation, or other permission allowing
the event or activity to be held in such Park or facility; disallow the event or
activity within that or other City Parks or facilities; and/or restrict or remove
any content that is deemed in violation of this policy or any applicable law.
AUTHORITY: The Director or his designee will monitor event/activity sponsors to ensure
adherence to this policy and consistency with the interest and goals of the City of
Meridian.
PAGE 16 OF 16
EVENT PLANNER'S HANDBOOK -MARCH 2012
Meridian City Council Meeting
DATE: Auqust 28, 2012
ITEM TITLE: Mulberry Subdivision
ITEM NUMBER: 7A
PROJECT NUMBER: PP 12-010
Public Hearing: PP 12-010 Mulberry Subdivision by Settlers Park, LLC Located Southwest
Corner of N. Meridian Road and W. Ashby Drive Request: Preliminary Plat Approval
Consisting of Five (5) Building Lots on 2.4 Acres of Land in an R-15 Zoning District
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: August 28, 2012 ITEM NUMBER:
PROJECT NUMBER: CUP 1
ITEM TITLE: Mulberry Subdivision
Public Hearing: CUP 12-006 Mulberry Subdivision by Settlers Park, LLC Located at
Southwest Corner of N. Meridian Road and W. Asby Drive Request: Conditional Use
Permit Approval of a Multi -Family Development in an R-15 Zoning District Consisting of
Thirty -Six (36) Residential Units on 2.4 Acres of Land
MEETING NOTES
(12—
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: August 28, 2012 ITEM NUMBER: 8A
PROJECT NUMBER:
ITEM TITLE:
Solid Waste Advisory Commission: Correspondence to Ada County Regarding
Changes to Solid Waste Processing Facilities
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
SWAC Report and Recommendation
Date: August 23, 2012
To: Mayor and City Council
From: Nancy Mann, Chairperson, Solid Waste Advisory Commission
Re: Changes to Solid Waste Processing Facilities in Ada County
SWAC has had concerns regarding the lack of due process accorded to cities by Ada County with regard
to the Dynamis project and its potential negative impact on the environment and rates. On multiple
occasions, SWAG has invited Dynamis representatives to appear before the Commission to discuss its
project's possible Impact on landfill rates only to receive last minute cancellations or failure to show
without explanation. As has been documented by the press, the County has also not been forthcoming
with satisfactory information nor allowed for a lawful public involvement process with regard to the
Dynamis project. It Is understood that Dynamis delivered building plans to the County this week and
thus SWAC concurs with the City's leaders that time is of the essence to communicate to the County
more formally regarding its concerns. SWAC has reviewed the attached correspondence and
recommends It be executed and sent forthwith.
E RIDIAN--
August 22; 2012
Board of Ada County Commissioners
200 W. Front Street
Boise, ID, 83702
Subject: Changes to Solid Waste Processing Facilities in Ada County
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
Thank you for holding the jointmeetingin July regarding the Waste -to -Energy project to be
operated by Dynamis Energy pursuant to a contract at the Ada County Landfill. While we
appreciate the opporttmity to discuss this issue in an open forum and address our concerns
regarding the process and unknown financial impact to our ratepayers, this letter is intended to
clearly delineate our position regarding this project:
Idaho code 31-4407A clearly requires that Ada County must conduct a feasibilitystudy when
proposing a new solid waste processing facility within the boundaries of our county, A
feasibility study is to be provided to the City of Meridian at least one hundred and eighty (180)
days prior to the initiation of construction. Recent reports have indicated a potential construction
start date of December 1, 2012 The City would then have ninety (90) days in which to comment
as to whether the City wishes to participate in the project. We are requesting that you follow that
defined process in the State Code prior to proceeding further with this processing facility.
In 2003-2004 the Board of Ada County Commissioners directed the Ada County's Solid Waste
Department to implement an extensive public involvement process to obtain input on the future
of Ada County's solid waste management system. You may recall that as part of this process
there was a range of four disposal alternatives evaluated, including two waste reduction methods
(Waste to Energy, and Enhanced Waste Reduction and Diversion programs). Eventually a
preliminary selection of the option to expand the existing landfill with anew .disposal cell was
selected by the Ada County Board of County Commissioners. After additional public hearings
and opportunities to comment and in conjunction with all the cities within Ada County, the North
Ravine Cell development was initiated. The City of Meridian has supported that decision partly
due to the involvement we were allowed in the evaluation process:
Unfortunately, for the current project no:sucb feasibility study or public involvement process was
completed and the County appears to be moving forward with the project which is in direct
contradiction to the Idaho Code. It is our opinion that the County is proceeding at great peril and
risk to all of our County residents. The City of Meridian is opposed to any continuation of the
process without following the Idaho Code and wants to be clear that the City will not support any
change to the current landfill system that negatively affects our citizens and the rates they pay for
solid waste disposal. Idaho Code Title 50, Chapter 3, §50-344, grants cities with the primary
responsibility for the collection of solid waste within their jurisdictions and we will reserve the
right to transport our waste to any alternative location to protect our rate payers if necessary.
We value our working relationship with the County and the Board and hope that the County will
adhere to the established process under the Idaho Code. Thank you for your attention to this
matter and we appreciate your willingness to listen to us on these issues.
Sincerely,
Mayor Tammy de Weerd
City of Meridian
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER: 8B
PROJECT NUMBER:
ITEM TITLE:
Solid Waste Advisory Commission: Request for Funding Approval - Community
Recycling Fund Joint Application for Split Corridor Art Project
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
Solid Waste Advisory Commission:
Report and Request for Funding Authority:
SWAC-sponsored CRFP Joint Application with the Meridian Arts Commission for $20,000 to go towards
the Meridian Split Corridor Public Art Project
To: Mayor and City Council
Re: City of Meridian Community Recycling Fund (CRFP)
Date: August 23, 2012
The Solid Waste Advisory Commission is authorized within the terms of the CRFP to dedicate a
percentage of the current fiscal year's CRFP budget for SWAC-sponsored projects not to exceed 50% of
said budget. The current Fund balance is $62,945.06. The benefit of being a SWAC- sponsored project is
that there is no match requirement for requests over $5,000 and the Commission may pursue worthy
projects year round not just within an "open window" period for accepting applications from the public.
The Meridian Arts Commission brought to SWAC's attention its Meridian Split Corridor Public Art Project
which will place engaging works of art on two parcels of land bookending the City of Meridian's
downtown core (see the attached exhibit for full detail regarding the project). The art will promote
environmental responsibility and sustainability, and incorporate recycled, reused and/or repurposed
materials.
At the time the Arts Commission approached SWAC, it had raised $87,000 of the $107,000.00 budget for
the project. Following discussion, submittal of a CRFP application, presentation by Arts Commissioners
Nancy Rountree and Meg Glasgow, and review, on August 22, 2012 SWAC voted to become a sponsor
of the project and to partner with the Arts Commission as co -applicants to the CRFP for $20,000 to
complete the funding of the project. The only condition SWAC asks is that in the event there Is any
unused portion of the $20,000 that it would be returned to the Fund. SWAC is excited that Nancy Mann,
SWAC Chairperson, will sit on the initial selection committee that narrows the field of artists to three
and that the public will have a voice in selecting the winning artist. It is both Commissions' belief that
this project will have a lasting positive impact on the community's awareness of the benefits of recycling
and will also promote participation in the curbside recycling program.
The two Commissions are excited to be working together on such a worthwhile environmentally
conscious art project and respectfully request funding for this project as recommended. The Mayorand
City Council will be kept informed as to the status and progress of the project.
Thank you.
Nancy Mann, Chairperson, Solid Waste Advisory Commission
Nancy Rountree, Chairperson, Meridian Arts Commission
( ��E IDIAN�
sl
City of Meridian
Community` Recycling Fund Application
This application is to be completed. by Individuals and organizations applying for funding from the City of Meridian
Community Recycling Program Fund. This application must be completed in its entirety. Please use additional sheets
of paper if necessary:
Plense note: Applications will only be considered if they comply with all of the Community Recycling Fund
Program Requirements, Applicants may download a copy of tho requtrements fromtheCity of Meridian's
website or obtain a copy from the City Cim'h's Office, the Utility Billing Department, or the Environmental
Division of the City's Public Works Department.
Applicant's Name (individual, organization, company): Co-Aonliemits: Morldho Arts__Commissionand the
Meridian Solid Waste Advisory Commission
Address 33 E. Broadway. Avenue -..
City Meridian Stud ll) Zip Code 83642
Co- Contact Name and Title NanGy Rountree. Chair, Meridian Arts Commission
Phone Namber 888-2731 .Email maci.meridianefly.org ornrounlrr3I@rnsn.com.
Describe the community recycling project you would like to have suppialco., :Provide as much detail as possible
including any drawings designs, and other information that help to fully explain the project
of laud
.town core (see auaonea senemattes), I be art will promote
inbility, and Incorporate recycled, tensed and/or repurposed materials.
thing the visual entrance Into the downtown core, enhancing; the
as a premier destination, the heart of the community.
Describe how this project will benefit the community.
The proposed public not in these. prime locations will support the economic vitality of the city, and improve
the aesthetics and porceptionof the city as a great place to live and work, The use of recycled, reused and/or
repurposed materials will reflect the community's commitment to preserving the environment through our.
curbside recycling progrmn and reclaimed water project. In addition, ilie arhvork,will create a physical
manifestation. promoting the use of recycled, reused and/or repurposed materials increasing the public's.
Awareness of the benefits ofwaste reduction and recycling. The use of community recycling fonds for this
project will increase public recognition of recycling related nit and simultaneously provide a friendly and.
captivating visual experience for all residents and visitors as they enter Meridian's downtown cote. This
investment in the arts strengthens long-term vitality and competitiveness and is critical to the quality ofJife
and livability of our city.
Describe the recycled materials to be used including manufacturers information if applicable 'Mease note{ Applicants
of construction projects must comply with City. building permit requirements, '
The art pieces and artist have not yet been detetinined foi• this project I3owever, our RFQ clearly states that
the artwork must promote environmental responsibility and sustainability, particularly as to recycling efforts
and wise use of energy and other resources, and should Incorporate recycled, reused and/or repurposed
materials. Utilizing reclaimed materials in new mrd modem ways the public art piece should honor
Meridian's rich history while reflecting Meridian's vibrant chnmcler and values,
Total funds requested $20.000 Total estimated cost of project $107,000
NOTE: Meridian Arts Commission has secured $7,000 for the project cost. The $20,000 requested is the
amount needed to complete the funding of the project.
Please note: Projects costing in excess of $5,000 or roquiving a permit of any (rind ore required tobe funded with
it 50%match in funds or donated materials of equivalent value from the applicant, Proof of available matched
fonds or materials is repaired to be submitted with thisiapplication. This requirement is waived for projects
costing tip to and including $5,006.
NOTE: As this Application is submitted, by Co -Applicants Meridian Arts Commission and the Meridian
Solid Waste Advisory Commission and requested to befunded as a "SWAC Project" —there will be no
Requirement of marching thuds for requests over $5,000.
Describe how the community recycling funds will be used, the schedule for the project, and how the matching_
contribution will be determined if applicable.
'Phis arhvotk will be the keystone, sell ing the theme and tone for a vibrant downtown city core. The
community recycling finds will be added to our current project budgetfor the Split Corridor Public Art
Project, if needed, Meridian Arts Commission will pursue granlfunding as well as community donations to
fund this project.
Call to Artists (RFQ/RFP) issued
2, 5:00 p.m, Artist workshop at Meridian City Hall, 33 E. Broadway Ave,
1, 2012,5:00 p.m. Deadline for submission of responses to RFQ
' 14, 2012 Selection Panel evaluates RFQ responses, selects finalists
, 2012 Finalists notified, invited to. respond to RFP
,201z, 5:00 p.m. Deadline for finalists' signed agreement with City and W-9 form
012, 5:00 pin.. Deadline for submission of finalists' proposals
November 2, 2012 Public input regarding finalists' proposals
7,2012 Selection Panel evaluates frnalists'proposals
1012 Selection Panel report toMAC; MAC adopts recommendation -
,2012 MAC recommendation to City Council; final decision
16, 2012 Selected artist and not -selected finalists notified of decision
2012, 5:00 pm. Deadline for selected artist's signed. agreement with City
September 2013 (approx.) Installation
Timeline is subjectm change to accommodate unforeseen circumstances. Submitted materials
must be physically received by MAC, at. the address below, by 5:00 p.m, on specified deadlines.
Responses that are postmarked, but not received, by specified deadlines will he considered Into
and will not be considered. Please do not call or e-mailto ask about [lie Selection Panel's
recommendations; artists will receive all notification by letter sent via U.S. Mail.
Describe the signage or other method of recognition that will he used to acknowledge the Community Recycling Fund,
(plaque, standing sign, etc), and the location. Submit a drawing or design for the proposed signage to be used. Please
note: Applicants must comply with City sign permitting requirements.
Meridian Arts Commission will work with the selected artist to incorporate the appropriate donor recognition
signage into the project. The signage whether a plaque or standing sign will acknowledgethc Community
Recycling randa`s�well
Jas�all other prof t donors and will be located in the parcel with the public art piece.
Signature of Contact Pers,�J LQq,(/+/syr1�2 Date
(We must lie a signature to process your request)
.a«
Return to: City of Meridian, Cnvironmental Division of the Public Works Department,
33 E. Broadway, Meridian ID 83642
For More information Please Contact: Mollie Matgerick, Environmental Division Manager at 898-
5500 or email Meridian SWAC6meridioncltv.ore
Meridian Commission
Call for Artists - RFQ + RFP
Meridian Split Corridor Phase 2 Public Art Project
OVERVIEW:
The Meridian Split Corridor Phase 2 Public Art Project intends to create vitality and a sense of
place by placing engaging works of art on two parcels bookending the City of Meridian downtown
core, in conjunction with the Ada County Highway District (ACHD)'s Meridian Split Corridor Phase 2
(MSC2) roadway project. This Call for Artists is a two stage process. The first stage is a request for
qualifications (RFQ), in which the Meridian Arts Commission (MAC) invites artists to submit general
qualifications for the design, fabrication, and installation of public art. The second stage is a
request for proposals (RFP), in which up to three (3) qualified finalists will be invited to submit
proposals for the MSC2 Public Art Project.
LOCATIONS:
There are two locations designated for public art - the first on the southwest corner of Ada and
Main Streets, and the second on the southeast corner of Main Street and Fairview Avenue. The
attached schematics illustrate parcel locations and dimensions.
PROJECT DESCRIPTION:
The artwork must promote environmental responsibility and sustainability, particularly as to
recycling efforts and wise use of energy and other resources, and should incorporate recycled,
reused or repurposed materials. The artwork should also take into account Meridian's history,
character, and values. The artwork must be appropriate for the project site, and its design,
regardless of material or medium, may not create an unsafe distraction to vehicular traffic. The
artwork must be located a safe distance from curbs and roadways and must conform to all
applicable City and ACHD ordinances and policies, including building and sign codes. Please note
that while the north site may be accessed by pedestrians, the south site has no sidewalks, and is
not intended to be accessed by pedestrians, Minimal landscaping and limited water and electrical
utilities are planned for both sites.
ELIGIBILITY:
Artists who are eighteen (18) years or older and living full time in Idaho are eligible to respond.
This project is open to applicants regardless of race, gender, sexual orientation, religion,
nationality, or disability. Teams of artists and/or engineers are welcome to apply. Incomplete,
ineligible, or late submissions will be deemed ineligible and will not be considered.
BUDGET:
A budgeted amount of $75,000 is currently available for the selected artist's commission, including
materials, fabrication, and installation. The final budget may be higher.
ARTIST WORKSHOP:
An artist workshop will be conducted on Wednesday, August 8, 2012, from 5:00 to 6:00 p.m., in
Conference Room A, on the first floor of Meridian City Hall, 33 E. Broadway Avenue, Meridian,
Idaho. Attendance is optional but all artists or teams interested in applying for this project are
welcome. Public Art Consultant Mark Johnstone will talk about and answer questions regarding the
Call for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 1 of 6
process for responding to this Call for Artists/RFQ+ RFP. Please submit questions at any time via
e-mail to Emily Kane, ekane@meridiancity.org.
PROCESS:
1. RFQ open. To be considered for this project, eligible artists must submit the following
materials to MAC by 5:00 p.m. on Monday, September 10, 2012:
a. One-page cover letter including current contact information and references;
b. Resume, no more than two pages in length;
c. Ten (10) digital images (200 dpi; .jpg format) representative of artist's work on CD, DVD, or
thumb drive; and
d. Image list, including titles, dimensions, media, and dates of originals.
Materials submitted will not be returned; do NOT submit original artwork. The City of Meridian
is a public agency: any information submitted is subject to release to the public as required by
Idaho Public Records Law.
Finalists selected. By Friday, September 14, 2012, the Selection Panel will convene and
evaluate all responses to the RFQ. Following evaluation, the Selection Panel may select up to
three finalists, or may re -open the RFQ. Selection criteria will include:
a. Artistic quality of work represented in images;
b. Appropriateness of experience/expertise for proposed project sites; and
c. Professionalism and artistic experience represented in resume.
The Selection Panel will include representatives from MAC, ACHD, City elected officials and
staff, Meridian Development Corporation, and business and residential communities, as well as
arts professionals.
3. RFP open to finalists. The selected finalists will be invited to prepare proposals in response to
this RFP. A stipend of $1,500 for preparation of the proposal will be available to each finalist
upon execution of a written agreement with the City and submission of a completed W-9 form.
To respond to the RFP, finalists must submit all of the following materials to MAC by 5:00 on
Monday, October 12, 2012:
a, Narrative;
b. Budget;
c. Drawing, computer rendering, or model; and
d. Material samples.
4. Public input collected. Finalists' proposals will be put on public view and comments will be
collected at locations throughout the community from October 15 to November 2, 2012.
5. Artist selected. By November 16, 2012, the Selection Panel will convene to review and
evaluate all responses to the RFP. Following evaluation, the Selection Panel may select one
proposal, or may re -open the RFQ or RFP. Selection criteria will include:
a. Public input regarding the proposals;
b. Quality of proposal;
c. Appropriateness and safety of proposed artwork for project site(s);
d. Reflection of Meridian's commitment to environmental responsibility and sustainability;
e. Consistency with Meridian's history, character, and values; and
f. Contribution to aesthetic and cultural vitality and sense of place.
Call for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 2 of 6
The Selection Panel will forward its selection to MAC for consideration. MAC may endorse such
selection for recommendation to City Council. Meridian City Council and the Mayor may
consider such recommendations in making the final decision. The selected artist and finalists
not selected will be notified of the decision on Wednesday, November 28, 2012.
6. Selected proposal implemented. Following selection, the selected Artist will fabricate and
install the artwork, in accordance with a written agreement with the City, and with the
project's final budget and timeline. A budgeted amount of $75,000 is currently available for
the selected artist's commission, including materials, fabrication, and installation. The final
budget may be higher.
PROJECT TIMELINE:
July 30, 2012
August 8, 2012, 5:00 p.m.
September 10, 2012, 5:00 p.m.
By September 14, 2012
September 17, 2012
September 19, 2012, 5:00 p.m.
October 15, 2012, 5:00 p.m.
October 16—November 2, 2012
By November 7, 2012
November 8, 2012
November 13, 2012
By November 16, 2012
November 28, 2012, 5:00 p.m.
December 2012—August 2013
September 2013 (approx.)
Call to Artists (RFQ/RFP) issued
Artist workshop at Meridian City Hall, 33 E. Broadway Ave.
Deadline for submission of responses to RFQ
Selection Panel evaluates RFQ responses, selects finalists
Finalists notified, invited to respond to RFP
Deadline for finalists' signed agreement with City and W-9 form
Deadline for submission of finalists' proposals
Public input regarding finalists' proposals
Selection Panel evaluates finalists' proposals
Selection Panel report to MAC; MAC adopts recommendation
MAC recommendation to City Council; final decision
Selected artist and not -selected finalists notified of decision
Deadline for selected artist's signed agreement with City
Fabrication
Installation
Timeline is subject to change to accommodate unforeseen circumstances. Submitted materials
must be physically received by MAC, at the address below, by 5:00 p.m., on specified deadlines.
Responses that are postmarked, but not received, by specified deadlines will be considered late
and wilt not be considered. Please do not call or e-mail to ask about the Selection Panel's
recommendations; artists wilt receive all notification by letter sent via U.S. Mail.
CONTACT:
Mail or deliver applications to:
Questions, via e-mail:
Thank you for your interestl
Meridian Arts Commission
Attn: Emily Kane
33 E. Broadway Avenue, Suite 308
Meridian, Idaho 83462
Emily Kane
ekane@meridiancity.org
Call for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 3 of 6
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER: 8C
PROJECT NUMBER:
ITEM TITLE:
Legal/Parks & Recreation Department Report: Recreation Instructor Agreements
Update
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER: 8D
PROJECT NUMBER:
ITEM TITLE:
Police Department: Donation of a 2005 GMC Sierra 1500 to the Canyon County
Animal Shelter
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
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2005 GMC Sierra 1500 Regular Cab
Pickup 2D 6 1/2 ft
change
category:
Fickup
le:---------�-yyy
Rckup 2D 6 112 fl
Mileage: 122,750 122760 change
Used Car Prices
Excellent $8,360
Good $7,710
Fair $6,635
Eric Strolberg
From:
Reta Cunningham
Sent:
Thursday, May 31, 2012 10:10 AM
To:
John Overton - Police
Cc:
Eric Strolberg; Todd Lavoie; Jenny Ma
Subject:
RE: 2005 GMC Sierra
Attachments:
Asset Information or Disposal Request.xlsx
Hi John, to donate any items we must get Council approval. I've attached the Asset/Inventory form that you'll need to
complete, have Jeff sign, then send to Finance for review and signature. Then we send back to put onto the Council
agenda so you can present your request to donate the vehicle.
Todd or Jenny can expand if I've missed something.
I think this is the asset you're disposing ...
2005 GMC Sierra Pickup #223042 AnControl = asset #FY05-00022 cost $16,319.64 purchased 1/20/2005
From: John Overton - Police
Sent: Wednesday, May 30, 2012 3:21 PM
To: Reta Cunningham
Cc: Eric Strolberg
Subject: FW: 2005 GMC Sierra
Hi Reta,
We have our old animal control truck (2005) that Canyon County Animal shelter (Diane Ayers) would really like to have.
Attached are the rough estimates on the truck value along with the animal control top that sits on the truck which is
several years older than the truck it sits on. What is the process to correctly look at getting approval to donate the old
truck?
Lt. John A. Overton
Meridian Police Department
Community Service Division
1401 E. Watertower St.
Meridian, ID 83642
846-7339
loverton (a�meridiancitv.ora
www. meridia nmadc. oro
www. merid iancity, orq
From: Eric Strolberg
Sent: Wednesday, May 30, 2012 2:58 PM
To: John Overton - Police
Subject: FW; 2005 GMC Sierra
Sgt. Eric Strolberg
Meridian Police Department
1401 E. Watertower Dr.
Meridian, ID 83642
PH (208)888.6678
FX (208)846-7366
From: Lacy Ooi
Sent: Thursday, October 13, 20119:23 AM
To: Eric Strolberg; John Overton - Police
Subject: 2005 GMC Sierra
I had to do some guessing with the style of pickup but this is what I came up with. I also tried to look up the Animobile
Shor-Line Cab that's on the truck but wasn't able to find much information to determine a value. Carol said the cab was
purchased from Mavron, the same company the vans came from, but it appears they don't make the same model
anymore. The original bed of the truck is lying next to the truck so I don't really know what configuration the truck will be
auctioned at. I have attached the KBB estimate and the couple of things I found about the animal control bed.
t'auj 0cl
Code Enforcement Officer
(208)846-7335
Meridian Police Department
1401 E. Watertower
Meridian, ID 83642
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Resolution No. I �)L " �(o : A Resolution of the City Council of the City of
Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus
Property and Authorize the Mayor of the City of Meridian to Donate Equipment to the
Canyon County Animal Shelter, Caldwell, Idaho
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN RESOLUTION NO. /0? - O
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS
PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO
DONATE EQUIPMENT TO THE CANYON COUNTY ANIMAL SHELTER, CALDWELL,
IDAHO.
WHEREAS, it is in the best interest of the City of Meridian to declare that certain equipment
as attached in Exhibit "A" as surplus as these particular items are no longer needed or used by the City
of Meridian;
WHEREAS, the City of Meridian's purchasing policy and Idaho Code section 50-301 allows
surplus City property to be transferred to another local government when the value of the property in
question is of nominal value, that is, valued at less than the cost of disposing of the property;
WHEREAS, the cost of maintaining the equipment listed herein until it were sold, if it could
be sold, exceeds its value to the City of Meridian and would result in the unnecessary expenditure of
City funds; and
WHEREAS, the City of Meridian desires to donate the equipment listed herein as Exhibit "A"
to the Canyon County Animal Shelter, Caldwell, Idaho, another local government agency.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO, AS FOLLOWS:
Section 1. That the Mayor and City Council hereby authorize and declare that certain
equipment attached hereto as Exhibit "A" is surplus property.
Section 2. That the Mayor and City Council hereby authorize the conveyance of the
equipment listed in Exhibit "A", for no monetary consideration, to the Canyon County Animal Shelter,
Caldwell, Idaho.
ADOPTED by the City Council of the City of Meridian, Idaho, this day of August, 2012.
APPROVED by the Mayor of the City of Meridian, Idaho, thi day of August, 2012.
p4pteo Aue.,,;
APPROVED: `6 =r9W ATTEST:
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Mayor T r. y de Weerd �'eo QV% ycee Holman, City Clerk
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RESOLUTION AUTHORIZING DONATION OF SURPLUS EQUIPMENT TO CANYON COUNTY ANIMAL SHELTER,
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Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER: 8F
PROJECT NUMBER:
ITEM TITLE:
Public Works: Proposed Amendments to Meridian City Code: Sewer Pretreatment;
Section 9-2-2-1(D), Relating to Prohibited Discharge Standards and Grease Interceptor
Requirements; Amending Meridian City Code Section 9-4-9(D), Relating to Regulations
for use of Public Sewers and Grease, Oil and Sand Interceptors; Amending Meridian
City Code Section 10-2-1(B) and Adding a New Section, Section 10-2-1(6)(25),
Regarding Grease Interceptor Regulation Under the Uniform Plumbing Code; and
Providing a Effective Date.
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.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE
SECTION 9-2-2-1(D), RELATING TO PROHIBITED DISCHARGE STANDARDS AND
GREASE INTERCEPTOR REQUIREMENTS; AMENDING MERIDIAN CITY CODE
SECTION 9-4-9(D), RELATING TO REGULATIONS FOR USE OF PUBLIC SEWERS AND
GREASE, OIL AND SAND INTERCEPTORS; AMENDING MERIDIAN CITY CODE
SECTION 10-2-1(B) AND ADDING A NEW SECTION, SECTION 10-2-1(B)(25),
REGARDING GREASE INTERCEPTOR REGULATION UNDER THE UNIFORM
PLUMBING CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, oil or grease entering the municipal sewer system can overwhelm the system by
solidifying or combining with other disposed solids to form blockages in drain pipes, causing an
overflow of sewage;
WHEREAS, the Environmental Protection Agency has determined that sewer pipe blockages
are the leading cause of sewer overflows, and that grease is one of the primary causes of sewer
blockages;
WHEREAS, for these reasons, the City requires the installation of grease interceptors,
plumbing devices designed to intercept grease before it enters the wastewater disposal system, and also
requires permitting and periodic inspection;
WHEREAS, the City currently requires each business establishment for which a grease
interceptor is required to have an interceptor serving only that establishment, but finds that with
advanced technology, heightened oversight, and commitment to best management practices, grease
interceptors may be installed and efficiently operate to serve two or more establishments; and
WHEREAS, the City Council finds that the amendments set forth herein will serve the health,
safety, and welfare of the citizens of the City of Meridian;
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 9-2-2-1(D) is hereby amended to read as follows:
D. Grease Interceptor Required: Each user for which a grease interceptor is required shall in the
discretion of the Superintendent or designee:
1. Install and/or use a grease interceptor which shall serve only that user, or
2. Enter into a written agreement or permit with the City of Meridian establishing comparable best
management practices.
GREASE INTERCEPTOR ORDINANCE UPDATE PAGE I of 3
Section 2. That Meridian City Code section 9-4-9(D) is hereby amended to read as follows:
9-4-9: REGULATIONS FOR USE OF PUBLIC SEWERS:
The use of the public sewers of the city shall be in accordance with the following regulations:
D. Grease, Oil And Sand Interceptors: Grease, oil and sand interceptors shall be provided at the
owner's expense when, in the opinion of the city, they are necessary for the proper handling of liquid
wastes containing grease or any flammable wastes, sand or other harmful ingredients; except that such
interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be
of a type and capacity approved by the city and shall be located as to be readily and easily accessible
for cleaning and inspection. There shall be one intefeeptar- pef usefi i :..t,._eepters shall not serve Eaefe
4mn one iisef tHiless specifically approved by the ei4y in wfifing. These interceptors sha4l be adeffuatel
µipAained by the owner and . subjeet t„ periodic inspection by the city. Each user for which an
interceptor is required shall, in the discretion of the Superintendent or designee: (1) install and/or use a
grease interceptor which shall serve only that user, or (2) enter into a written agreement or permit with
the City of Meridian establishing comparable best management practices.
Section 3. That Meridian City Code section 10-2-1(B) is hereby amended, and a new section,
Section 10-2-1(B)(25), is hereby added, to read as follows:
B. Additions And Deletions: Provided, however, the below stated additions and deletions to the
uniform plumbing code, 2003 edition, are also hereby adopted which additions and deletions, if in
conflict with the uniform plumbing code (UPC), shall overrule said UPC; the addition and deletion are
stated as follows:
25. Appendix H, section H 104.3, shall read: Each business establishment for which a gravity
grease interceptor is required shall have an interceptor which shall serve only that establishment or
shall, in the discretion of the Wastewater Superintendent or designee, enter into a written
agreement or permit with the City of Meridian establishing comparable best management practices.
Section 4. 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:
Tammy de Weerd
Mayor
ATTEST:
Jaycee Holman
City Clerk
GREASE INTERCEPTOR ORDINANCE UPDATE PAGE 2 or 3
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 9-2-2-1(D), RELATING TO PROHIBITED DISCHARGE STANDARDS AND
GREASE INTERCEPTOR REQUIREMENTS; AMENDING MERIDIAN CITY CODE
SECTION 9-4-9(D), RELATING TO REGULATIONS FOR USE OF PUBLIC SEWERS AND
GREASE, OIL AND SAND INTERCEPTORS; AMENDING MERIDIAN CITY CODE
SECTION 10-2-1(B) AND ADDING A NEW SECTION, SECTION 10-2-1(B)(25),
REGARDING GREASE INTERCEPTOR REGULATION UNDER THE UNIFORM
PLUMBING CODE; 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
GREASE INTERCEPTOR ORDINANCE UPDATE PAGE 3 OF 3
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Department Reports
Resolution No. 0 - 8&7 : A resolution authorizing the City Clerk to destroy
certain semi-permanent and temporary records of the Meridian City Finance
Department and the City Clerk's Office
MEETING NOTES
4f _)PP
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
6MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN RESOLUTION NO. 4a' o (-o 7
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI-
PERMANENT AND TEMPORARY RECORDS OF THE MERIDIAN FINANCE
DEPARTMENT AND THE CITY CLERK'S OFFICE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code
section 50-907(4) to, by resolution, destroy semi-permanent and temporary records, upon the
advice of the City Attorney, and with such disposition to be under the direction and supervision of
the City Clerk; and
WHEREAS, the City Clerk has identified certain records that may be destroyed pursuant
to Idaho Code sections 50-907(2) and (3) because the time period for retention of such records has
expired.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction
of the following records of the Finance Department:
FINANCE: Year Description
Accounts Payable includes: invoices or warrants, purchase orders, packing slips, check
records FY2007 stubs, contract or agreement copies
Sales & Use tax
records FY2007 includes: state sales tax remittance form and payment stubs
includes: authorization and expense forms, receipts relating to travel
Travelrecords FY2007 and payment stubs
Payroll payables FY2007 includes: invoices, backup documentation and check stubs
Unemployment
Compensation
claim records FY2009 Includes: Dept of Labor request of claim payment and check stubs
Accounts Receivable
records
FY2007
includes: invoice copies and cash receipt copies
Includes: detailed ledger, original receipt, check stubs,
Cash Receipts
FY2007
documentation
Cancelled checks
FY2007
actual City canceled checks
Bank Statements
FY2007
includes: the original bank statement and the City reconciliation forms
Journal Entries
FY2007
includes: detailed report and backup documentation
GL detail reports
FY2002
RESOLUTION AUTHORIZING DESTRUCTION OF FINANCE DEPARTMENT RECORDS PAGE 1 OF 3
includes: general ledger detail
Financial Reports
FY2007
monthly council & department financial reports
Investment Records
FY2007
Reports, statements, summaries, correspondence
Grant Records
N/A
Payroll Federal &
State Tax Records
FY2007
includes 1099s, 941s, W9s, W2s
Unemployment
Reports
FY2009
Includes: employee earnings, name and SSN
Budget records
N/A
Notice & Ordinance are
PURCHASING:
Purchasing records -
Contracts
FY2007
Purchasing records -
Bids/Proposals
FY2005
MUBS:
Sewer Average reports
FY2007
reports of customer water usage to average the sewer monthly billings
reports of utility customers to be approved for shut off due to
MUBS Shut off reports
FY2007
delinquent balances
MUBS title
assessment requests made by title companies for final utility billings
assessments
FY2007
for City water customers
MUBS adjustments FY2007 backup papers for utility customer adjustments
MUBS cash receipts FY2007 cash receipts from utility customers
Section 2. That the City Clerk is hereby authorized to direct and supervise the destruction
of the following records of the City Clerk's Office:
1998-2008 Public Records Requests
1992-2007 Permits/Licenses to include:
• Fireworks
• Precious Metals
• Massage Therapy
• Beer/Wine/Liquor
• Citizen's Use Permits
• Private Security
Section 3. That the City Clerk is authorized to take all necessary steps to destroy the
records as provided by this Resolution.
Section 4. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this /--a day of August,
2012.
RESOLUTION AUTHORIzING DESTRUCTION OF FINANCE DEPARTMENT RECORDS PAGE 2 OF 3
APPROVED by the Mayor of the City of Meridian, Idaho, this 20 -"day of August,
2012.
APPROVED:
Mayor T&
de Weerd
ATTEST:
&N'C00
8�
,9w
B�/: City0f
JJ aycee olman, City Clerk E IDIAN*r
SEAL
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RESOLUTION AUTHORIZING DESTRUCTION OF FINANCE DEPARTMENT RECORDS PAGE 3 OF 3
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER: 8H
PROJECT NUMBER:
ITEM TITLE:
Amended onto the Agenda: Resolution No. 12-868: Adopting Framework Agreement
with Pisa, Italy and Adopting Pisa Italy as an Honorary Sister City
MEETING NOTES
�wvcweA
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
NM -F -I-o
S.^
CITY OF MERIDIAN RESOLUTION NO. Id " Cl w
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, ADOPTING THE FRAMEWORK AGREEMENT FOR ESTABLISHING
FRIENDLY AND COOPERATIVE RELATIONS BETWEEN PISA, ITALY AND
MERIDIAN CITY, IDAHO, THE UNITED STATES OF AMERICA AND ADOPTING
PISA, ITALY AS ITS HONORARY SISTER CITY.
WHEREAS, the City Council of the City of Meridian deems it to be in the best interest
of the City to pursue and promote international economic and social development opportunities;
and
WHEREAS, the City has engaged in successful communication and negotiations with
Pisa, Italy to establish friendly relations and cooperation in order to promote economic and
social development in both cities; and
WHEREAS, the City Council, in furtherance of demonstrating its good will towards
Pisa, Italy, wishes to bestow upon such city the honorary title and relation of Sister City to the
City of Meridian, Idaho; and
WHEREAS, according to established diplomatic practices it is common to enter into a
framework agreement to mark the start of the exchange and cooperative relationship between
the two cities; and
WHEREAS, the framework agreement sets forth the following understanding:
1. That the two cities seek to further strengthen mutual exchanges and promote a long-
term, healthy and stable development and cooperation in the two cities; and
2. That the two cities seek to actively strengthen cooperation and make joint efforts for
development in all areas of current and future interest that promote common
economic and social development in the two cities; and
3. That the two cities agree to sign a formal sister city agreement one year after the
signing of the framework agreement; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. The City of Meridian, Idaho hereby adopts Pisa, Italy as its honorary Sister
City.
RESOLUTION ADOPTING FRAMEWORK AGREEMENT BETWEEN PISA, ITALY AND MERIDIAN CITY,
IDAHO, THE UNITED STATES OF AMERICA AND ADOPTING PISA, ITALY AS ITS HONORARY
SISTER CITY - PAGE 1 of 2
Section 2. The City of Meridian hereby will work cooperatively to adopt the
Framework Agreement on Establishment of Friendly and Cooperative Relationships between
Pisa, Italy and Meridian City, Idaho, the United States of America as attached in Exhibit "A".
ADOPTED by the City Council of the City of Meridian, Idaho, this /d day of
2012.
APPROVED by the Mayor of the City of Meridian, Idaho, this G0 day of
ATTIE
Lo
APPROVED:
RESOLUTION ADOPTING FRAMEWORK AGREEMENT BETWEEN PISA, ITALY AND MERIDIAN CITY,
IDAHO, THE UNITED STATES OF AMERICA AND ADOPTING PISA, ITALY AS ITS HONORARY
SISTER CITY - PAGE 2 of 2
The Framework Agreement on Establishment of Friendly and
Cooperative Relationships between Pisa, Italy and Meridian City,
Idaho, the United States of America
According to the principles of the established diplomatic relations, in order to further
consolidate and develop exchanges and cooperation, to enhance the understanding and
friendship of the two cities, Pisa, Italy and Meridian City, Idaho, the United States of America
agreed to establish friendly relations and cooperation, and reached a framework agreement as
follows:
First, the two parties agreed to further strengthen mutual exchanges and promote a long-
term, healthy and stable development and cooperation in the two cities;
Second, the two parties agreed to actively strengthen cooperation and make joint efforts
for development in all areas of current and future interest that promote common economic and
social development in the two cities;
Third, the two parties agreed to sign a formal sister city agreement one year after the
signing of this framework agreement, which marks the start of the exchange and cooperative
relationship between the two cities;
Fourth, the framework agreement becomes valid as of the date of signature.
Meridian City, Idaho Pisa, Italy
The United States of America
Mayor
'20 day of (.(/ lllr/y( 2012
Mayor
day of 2012
THE FRAMEWORK AGREEMENT ON ESTABLISHMENT OF FRIENDLY AND COOPERATIVE RELATIONSHIPS BETWEEN
PISA, ITALY AND MERIDIAN CITY, IDAHO, THE UNITED STATES OF AMERICA
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER: gA
PROJECT NUMBER: X12-002
ITEM TITLE: Paramount North
Ordinance No. /0-1' /Sa- : An Ordinance for Annexation (AZ 12-002) of a
Portion of Land Located West of N. Meridian Road Midway Between W. Chinden Blvd
and W. McMillian Road, Commonly Known as Paramount North Subdivision
MEETING NOTES
* -p
VD)k j
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 08/29112 02:41 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIII'llllllll'�IIIII
RECORDED -REQUEST OF 1120$7969
Meridian Ciry
CITY OF MERIDIAN ORDINANCE NO. S ��
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE (AZ 12-002 - PARAMOUNT NORTH SUBDIVISION) FOR
ANNEXATION OF A PORTION OF LAND LOCATED IN THE SOUTHEAST % OF
THE NORTHEAST % OF SECTION 25, TOWNSHIP 4 NORTH, RANGE I WEST, BOISE
MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND
ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY,
IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE
CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING
AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS
FROM RUT TO R- 8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN
CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED
WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE
IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A
SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE
READING RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of
Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-
zoning by the owner of said property, to -wit: Brighton Development, Inc.
SECTION 2. That the above-described real property is hereby annexed and re -zoned from
RUT to R-8 (Medium Density Residential District), in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the
laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said
property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance.
ANNEXATION —PARAMOUNT NORTH SUBDIVISION (AZ 12-002) Page 1 of 3
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in fall force and effect from and after its passage,
approval and publication, according to law.
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State
of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading
in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full
force and effect upon its passage, approval and publication.
�y�PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
29+1— day of t ,2012.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
% f" -day of 0,(,�,ysr ', 2012.
��iiJJ��
MAYO A MY de WEERD
p¢ytao au��
ATTEST:
JA
HOLMAN, CITY
B „CiryoE
SEAL
Nf
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ANNEXATION PARAMOUNT NORTH SUBDIVISION (AZ 12-002) Page 2 of 3
STATE OF IDAHO, )
) ss:
County of Ada )
On this .?—$ day of Pfkja u& — , 2012, before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
JUN•.•
(SEAL) O�'�R�tp•:
r
•s:'1 �E OF ��'
••ease..
1
4--j 17i .R. P C •�:1,a
MY COMMISSION EXPIRES: jo, n 4, 2c)1,4
ANNEXATION —PARAMOUNT NORTH SUBDIVISION (AZ 12-002) Page 3 of 3
Exhibit A. Legal Description
Project No. 112036
161k Ornow
tij� irk
r
Sim 1490 amour, INC
Date: hure 04, 2012
PARAMOUNT NORTH
ANNEXATION DEWRIMON
A pared of land located in the SE 114 ofthe NE 1/4 of Section 25, T. 4 N., R.1 W„ B. M.,
Meridian, Adm County, Idaho, mom particularly described as follows:
Commencing ing at the Section Comer common to Sections 25 and 36 of mid T. 4 N., R, 1 W., and
Sections 30 and 31 ofT. 4 N., R 1 E., B.M.;
7benoe North 00°23'20' Ernst, 2640.13 feet on the section line cotmuoa to maid Scelians 25 and
30 to the 1/4 Section Croner common to said Sections 25 and 30, amid point being die RA1. POINT
OF UGINMNG, (6om which point the northeast comer of said Section 25 bona
North 00025109" Ent, 2661.10 feet distant);
Thence San said 1/4 Section Corner, North 89°2778- West, 1132.% feet on the em -west
mid -action line of sold Section 25 to the southawt corner of that 5.07 acro pa "I of lad as shown on
Record -of -Survey Number 5945 of Ada County Record+;
Thenx North 0001132" East, 655.51 feet on the easterly bowrdary line of mid 5.07 acre parcel
to the norlhwat coma of said pared;
Thence South 70°41' 13" East, 852.36 feet on the southerly botmdary line of that pared of land
daseribed In Beed histtument Number 103206801 of Ads Co=y Records, to the northwcat comer of
that pared of land described in Dodd bistrumemt Number 101004177 of Ads County Records;
Thence South 00°25109" West, 321.23 feat on the weswriy boundary line of mid Instrument
Number 101004177 parcel to the ooAwsst comer of acid parcel;
Thanoe South 89"1728"Eaat, 329,10 fed on the southerly boundary line of said Instrumem
Number 101004177 parcel to the sounhmat corner of"d pmol, said paint being on the Section Line
common to mid Sections 25 and 30;
Therms South 00025,09"
34 to tharod point of beeinnimayontains
JUN 062012
MERIOIAN PUBLIC
WORKS DEPT.
Sae Plaemhee- UrAsespe Archer ore -b
4621.941 &&.lune too
fed on the Section Lino common to mid Sections 25 and
I0,03 aeras more or Peau.
PREPARED BY;
TNM LAND GROUP, INC.
Jamas R. Woobbarn, PLS
G ow cwsw agmen a t" oteeft-GrapNe malum - sumi ft
at6t6 0 P 208.939.1011 a wrw,lbeb*Wo parcawn
Exhibit B. Exhibit Map
♦♦ip,44�iy♦i
♦♦♦ ♦♦. ♦♦�♦ • ♦may♦♦♦
,,
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 12- /5jOO-
PROVIDING FOR ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for a
portion of land located in the Southeast Y< of the Northeast Y< of Section 25, Township 4
North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 10.03 acres more
or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or
implied. As surveyed in attached exhibit `B" and is not based on an actual field survey.
A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33
East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the
ZL�day of 2012.
0o�p2e°nv���
Mayor and City Council
By: Jaycee L. Holman, City Clerk
First Reading: 0-,99- /,;Z- X16• Oe TFF A6�6`�e
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-_J,5�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 20 day of Av � 4 , 2012
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY - PARAMOUNT NORTH SUBDIVISION (AZ 12-002)
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER: 9B
PROJECT NUMBER:
ITEM TITLE:
Ordinance No. /,?-- lSa3 : An Ordinance of the City of Meridian, Idaho
Amending Ordinance No. 11-1491, the Appropriation for the Fiscal Year Beginning
October 1, 2011 and Ending September 30, 2012. Appropriating Monies that are to be
Received by the City of Meridian, Idaho in the Sum of ($1,902,834) and Appropriating
Monies that are Unexpended by the City of Meridian into the Fund Balance and
Other Sources and Fees
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.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 11-
1491, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. APPROPRIATING MONIES
THAT ARE UNEXPENDED BY THE CITY OF MERIDIAN, IDAHO IN THE SUM OF
($1,902,834) INTO THE FUND BALANCE AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, ADA COUNTY, STATE OF IDAHO:
Section 1. That Ordinance No. 11-1491, the appropriation ordinance for the City of Meridian,
Idaho, for the fiscal year commencing October 1, 2011 and ending September 30,
2012 be and the same is hereby amended as follows:
City of Meridian
FY2012 Budget Notice
$ai
N `"i.
FY2012
FY2012
FY2012
Original Budget
Amendments
Final Budget
Revenues
Total Revenue
$
1,000
$
$
1,000
Expenditures
Carry forward - Capital
Administration
$
1,678,767
$
(158,024)
$
1,520,744
Total Carry forward
$
1,678,767
$
(158,024)
$
1,520,744
Total Expenditures
$
1,678,767
$
(158,024)
$
1,520 744
Transfers
$
-
$
$
-
Total Expenditures with Transfers
$
1,678,767
$
(158,024)
$
1,520 744
(Use)/Addition of Fund Balance
$
(1,677,767)
$
158,024
$
(1,519,744)
FY2012
FY2012
FY2012
Original Budget
Amendments
Final Budget
Revenues
Water/Sewer Sales
$
18,500,000
$
18,500,000
Other Sources
$
4,190,000
$
4,190,000
Total Revenue
$
22,690,000
$
$
22,690,000
Expenditures
AMENDMENT TO BUDGET ORDINANCE NO. 11-1491 - Page 1 of 4
Personnel
Utility Billing
Public Works
Water
Wastewater
Total Personnel
Operating
Utility Billing
Public Works
Water
Wastewater
Total Operating
Total Personnel and Operating
Capital
Utility Billing
Public Works
Water
Wastewater
Total Capital
Carry forward - Operating
Utility Billing
Public Works
Water
Wastewater
Total Carry forward -
Operating
Carry forward - Capital
Utility Billing
Public Works
Water
Wastewater
Total Carry forward -
Operating
$
388,729
$
$
388,729
$
2,151,776
$ 71,814
$
2,223,590
$
1,394,027
$ -
$
1,394,027
$
2,203,229
$ -
$
2,203,229
$
6,137,761
$ 71,814
$
6,209,575
$
383,254
$
110,000
$
493,254
$
977,719
$
(245,192)
$
732,527
$
4,112,546
$
(41,049)
$
4,071,497
$
5,931,661
$
(148,925)
$
5,782 736
$
11,405,181
$
(325,166)
$
11,080,015
$ 17,542,943 $ (253,352) $ 17,289,591
$ 1,933,000 $ 164,600 $ 2,097,600
$ 4,746,500 $ - $ 4,746,500
$ 6,679,500 $ 164,600 $ 6,844,100
950,479 $ (235,725) $ 714,754
$ 15,921 $ (15,921) $
$ 966,400 $ (251,646) $ 714,754
$
50,920
$
(28,120)
$
22,800
$
1,152,236
$
(881,622)
$
270,614
$
3,748,819
$
(1,836,658)
$
1,912,161
$ 4,951,975 $ (2,746 400) $ 2,205 575
Total Carry forward $ 5,918,375 $ (2,998,046) $ 2,920,329
Total Expenditures $ 30,140,818 $ (3,086,798) $ 27,054 019
Transfers $ 1,694,060 $ (30,813) $ 1,663,247
Total Expenditures with Transfers
(Use)/Addition of Fund Balance
$ 31,834,878 $ (3,117,611) $ 28,717266
(9,144,878) $ 3,117,611 $ (6,027,266)
AMENDMENT TO BUDGET ORDINANCE NO. 11-1491 - Page 2 of 4
Revenues
Total Revenue
Expenditures
Personnel
Administration
Fire
Police
Parks
Community Development
Total Personnel
Operating
Administration
Fire
Police
Parks
Community Development
Total Operating
Total Personnel and Operating
Capital
Administration
Fire
Police
Parks
Community Development
Total Capital
Carry forward
Administration
Fire
Police
Parks
Community Development
Total Carry forward
Total Expenditures
Transfers
Total Expenditures with Transfers
(Use)/Addition of Fund Balance
FY2012 FY2012 FY2012
Original Budget Amendments Final Budget
$ 30,313,544 $ 582,076 $ 30,895620
$
3,247,950
$
63,480
$
3,311,430
$
7,349,904
$
-
$
7,349,904
$
9,906,722
$
79,615
$
9,986,337
$
1,635,410
$
-
$
1,635,410
$
1,141,663
$
22,550
$
1,164,213
$
23,281,649
$
165,645
$
23,447,294
$
1,963,422
$
411,989
$
2,375,411
$
879,600
$
139,305
$
1,018,905
$
1,283,313
$
364,786
$
1,648,100
$
1,233,017
$
85,334
$
1,318,351
$
899,121
$
50,350
$
949,471
$
6,258,474
$
1,051,765
$
7,310238
$ 29,540,123 $ 1,217,410 $ 30,757,532
$ 21,000
$ 53,920
$
74,920
$ 223,000
$ -
$
223,000
$ 509,408
$ (185,658)
$
323,750
$ 2,247,733
$ 1,169,147
$
3,416,880
$ 3,001,141 $ 1,037,409 $ 4,038,550
$
340,398
$
(59,509)
$
280,889
$
646,151
$
(193,558)
$
452,593
$
1,754,052
$
(42,691)
$
1,711,362
$
35,000
$
(35,000)
$
-
$
2,775,602
$
(330,758)
$
2,444,844
$ 35,316,866 $ 1,924,061 $ 37,240,926
$ (1,694,061) $ 30,816 $ (1,663,245)
$ 33,622,805 $ 1,954,877 $ 35,577,682
(3,309,261) $ (1,372,801) $ (4,682,062)
AMENDMENT TO BUDGET ORDINANCE NO. 11-1491 - Page 3 of 4
Total Expenditures with Transfers $ 67,136,450 $ (1,320,758) $ 65,815,692
(Use)/Addition of Fund Balance $ (14,131,906) $ 1,902,834 $ (12,229,072)
That the sum of $1,902,834 be directed into the Fund Balance and Other Sources and Fees, to be
used for authorized activities.
Section 2. This Ordinance shall be in full force and effect from and after its passage, approval
and publication, according to law.
n
PASSED by the City Council of the City of Meridian, Idaho, this Z day of
2012.
APPROVED by the Mayor of the City of Meridian, Idaho, this % ° day of
6AJ AAII'-- , 2012.
a APPROVED: /
Mayor
AMENDMENT TO BUDGET ORDINANCE NO. 11-1491 - Page 4 of 4
FY2012
FY2012
FY2012
_
Original Budget
Amendments
Final Budget
Revenues
Total Revenue
$
53,004,544
$
582,076
$
53,586,620
Expenditures
Total Personnel and Operating
$
47,083,065
$
964,058
$
48,047,123
Total Capital
$
9,680,641
$
1,202,009
$
10,882,650
Total Carry forward
$
10,372,744
$
(3,486,828)
$
6,885,917
Total Expenditures
$
67,136,451
$
(1,320,761)
$
65,815,690
Transfers
$
(1)
$
3
$
2
Total Expenditures with Transfers $ 67,136,450 $ (1,320,758) $ 65,815,692
(Use)/Addition of Fund Balance $ (14,131,906) $ 1,902,834 $ (12,229,072)
That the sum of $1,902,834 be directed into the Fund Balance and Other Sources and Fees, to be
used for authorized activities.
Section 2. This Ordinance shall be in full force and effect from and after its passage, approval
and publication, according to law.
n
PASSED by the City Council of the City of Meridian, Idaho, this Z day of
2012.
APPROVED by the Mayor of the City of Meridian, Idaho, this % ° day of
6AJ AAII'-- , 2012.
a APPROVED: /
Mayor
AMENDMENT TO BUDGET ORDINANCE NO. 11-1491 - Page 4 of 4
Meridian City Council Meeting
DATE: Auqust 28, 2012 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Ordinance No. 15 al An Ordinance Providing for the Adoption of a
Budget and the Appropriating of $80,186,803 to Defray the Necessary Expenses and
Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in
the Certain Amount Herein Specified for the Fiscal Year Beginning October 1, 2012
and Ending on September 30, 2013
MEETING NOTES
4r ---N-4
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.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE, PURSUANT TO IDAHO CODE §50-1002 AND §50-1003,
PROVIDING FOR A TITLE AND FINDINGS, PROVIDING FOR THE ADOPTION OF
A BUDGET AND THE APPROPRIATION OF $80,186,803 TO DEFRAY THE
NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, IN
ACCORDANCE WITH THE OBJECT AND PURPOSES AND IN THE CERTAIN
AMOUNTS HEREIN SPECIFIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2012 AND ENDING ON SEPTEMBER 30,2013; TO LEVY ALL SUCH APPROPRIATE
TAXES AND LEVIES AS AUTHORIZED BY LAW UPON TAXABLE PROPERTY;
AND TO COLLECT ALL AUTHORIZED REVENUE; TO PROVIDE FOR THE
WAIVING OF THE 2ND AND inn READINGS PURSUANT TO IDAHO CODE §50-902;
AND PROVIDING FOR AN EFFECTIVE DATE AND THE FILING OF A CERTIFIED
COPY OF THIS ORDINANCE WITH THE SECRETARY OF STATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, ADA COUNTY, STATE OF IDAHO:
Section 1. TITLE: This Ordinance shall be entitled and cited as the "2012-2013 Fiscal Year
Annual Appropriation Ordinance of the City of Meridian".
Section 2. FINDINGS: The City Council finds:
A. That it has duly Noticed and held a Public Hearing on the 215` day of August,
2012 for a Proposed Budget for Fiscal Year 2012-2013 (FY2013) City of
Meridian, Idaho;
B. That the total revenue anticipated to be available to the City of Meridian
during Fiscal Year 2012-2013 is correctly stated in the Adopted Budget which is
herein set forth in Section No. 3; and
C. The appropriations and sums of money as are hereinafter set forth in Section
No. 3 are deemed necessary to defray all the necessary expenses and liabilities of
the City of Meridian for Fiscal Year 2012-2013.
Section 3. ADOPTION OF BUDGET AND APPROPRIATION OF EXPENDITURE:
The City Council does hereby adopt as and for the budget and the appropriation of
expenditure for the City of Meridian for Fiscal Year commencing October 1, 2012
and ending on September 30, 2013 the following:
ANNUAL APPROPRIATION ORDINANCE FY2013 - Page 1 of 6
City of Meridian
FY2013 Budget Notice
"'+f.:' r .� ..,q •.r z��„��ry �a r,� �.v t��` "'i'�'te: � r/,ti .�4SS4f.. , .� „
FY2011 FY2012 FY2013
Actual Original Budget Original Budget
Revenues
Total Revenue
Expenditures
Capital
Administration
Total Capital
Carryforward - Capital
Administration
Total Carryforward
Total Expenditures
Transfers
I
Total Expenditures with Transfers
(Use)/Addition of Fund Balance
Revenues
Water/Sewer Sales
Other Sources
Total Revenue
Expenditures
Personnel
Utility Billing
Public Works
Water
Wastewater
Operating
Utility Billing
Public Works
Water
$ 5,465 $ 1,000 $ 2,000
$ 158.024 $ $
$ $ 1,678,767
$ 720,235
$ $ 1,678,767 $ 720,235
$ 158,024 $ 1,678,767 $ 720,235
$ (600,722) $ $
$ (442,698) $ 1,678,767 $ 720,235
$ 448,164 $ (1,677,767) $ (718,235)
FY2011 FY2012 FY2013
Actual Original Budget Original Budget
$18,669,099
$
18,500,000
$
19,618,000
$ 6,002,811
$
4,190,000
$
4,270,000
$24,671,910
$
22,690,000
$
23,888,000
$
359,425
$
388,729
$
388,276
$
1,960,355
$
2,151,776
$
2,292,428
$
1,205,508
$
1,394,027
$
1,398,048
$
1,943,982
$
2,203,229
$
2,226,843
Total Personnel $
5,469,270
$
6,137,761
$
6,305,595
$ 379,042
$
383,254
$
388,493
$ 1,838,185
$
977,719
$
1,041,112
$ 4,376,033
$
4,112,546
$
3,824,673
ANNUAL APPROPRIATION ORDINANCE FY2013 - Page 2 of 6
Wastewater $ 7,297,033 $ 5,931,661 $ 6,657,629
Total Operating $13,890,293 $ 11,405,181 $ 11,911,907
Total Personnel and Operating
Capital
Utility Billing
Public Works
Water
Wastewater
Total Capital
Carryforward - Operating
$19,359,563 $ 17,542,943 $ 18,217,502
$ 2,073,603 $ 1,933,000 $ 6,959,000
$ 4,820,685 $ 4,746,500 $ 8,864,000
$ 6,894,288 $ 6,679,500 $ 15,823,000
Utility Billing $ 110,000
Public Works $ 950,479 $ 446,088
Water
Wastewater $ 15,921
Total Carryforward - Operating $ $ 966,400 $ 556,088
Carryforward - Capital
Utility Billing
Public Works
Water
Wastewater
Total Carryforward - Capital
Total Carryforward
Total Expenditures
Transfers
Total Expenditures with Transfers
(Use)/Addition of Fund Balance
Revenues
Total Revenue
Expenditures
Personnel
Administration
Fire
Police
Parks
Community Development
Total Personnel
$
$
$
$
50,920
1,152,236
3,748,819
$
$
1,635,776
3,187,742
$
$
4,951,975
$
4,823,518
$
7,428,122
$
9,002,954
$
$
$
5,918,375
$
5,379,606
$
1,635,410
$
1,655,226
$
$26,253,851
$
30,140,818
$
39,420,108
$20,930,989
$ 23,281,649
$
23,823,770
$ 1,218,294
$
1,694,060
$
1,592,266
$27,472,145
$
31,834,878
$
41,012,374
$ (2,800,235)
FY2011
Actual
$ (9,144,878)
FY2012
Original Budget
$
(17,124,374)
FY2013
Original Budget
$31,978,779
$
30,313,544
$
32,187,287
$
2,886,584
$
3,247,950
$
3,417,823
$
6,653,712
$
7,349,904
$
7,428,122
$
9,002,954
$
9,906,722
$
10,161,887
$
1,354,617
$
1,635,410
$
1,655,226
$
1,033,123
$
1,141,663
$
1,160,712
$20,930,989
$ 23,281,649
$
23,823,770
ANNUAL APPROPRIATION ORDINANCE FY2013 - Page 3 of 6
Operating
Administration
Fire
Police
Parks
Community Development
Total Operating
Total Personnel and Operating
Capital
Administration
Fire
Police
Parks
Community Development
Total Capital
Carryforward
Administration
Fire
Police
Parks
Community Development
Total Carryforward
Total Expenditures
Transfers
Total Expenditures with Transfers
(Use)/Addition of Fund Balance
Revenues
Total Revenue
Expenditures
Total Personnel and Operating
Total Capital
Total Carryforward
Total Expenditures
$
3,291,528
$
1,963,422
$
2,012,826
$
849,649
$
879,606
$
1,547,855
$
1,669,744
$
1,283,313
$
1,693,647
$
1,054,904
$
1,233,017
$
1,382,384
$
1,004,761
$
899,121
$
1,198,119
$
7,870,586
$
6,258,474
$
7,834,831
$28,801,575 $ 29,540,123 $ 31,658,601
$
610,016
$
21,000
$
409,972
$
482,343
$
223,000
$
95,000
$
617,282
$
509,408
$
2,272,500
$
1,411,631
$
2,247,733
$
778,711
$
150,000
$
-
$
-
$
3,271,271
$
3,001,141
$
3,556,183
$
$
340,398
$
228,522
$
- $
646,151
$
125,000
$
- $
1,754,052
$
4,463,153
$
- $
35,000
$
15,000
$
- $
2,775,602
$
4,831,675
$32,072,846
$
35,316,866
$
40,046,460
$ (617,572)
$
(1,694,061)
$
(1,592,266)
$31,455,274
$
33,622,805
$
38,454,194
$ 523,505
$
(3,309,261)
$
(6,266,907)
FY2011
Actual
FY2012
Original Budget
FY2013
Original Budget
$56,656,155
$
53,004,544
$
56,077,287
$48,161,138
$
47,083,065
$
49,876,103
$10,323,583
$
9,680,641
$
19,379,183
$ $ 10,372,744 $ 10,931,516
$58,484,721 $ 67,136,451 $ 80,186,803
ANNUAL APPROPRIATION ORDINANCE FY2013 - Page 4 of 6
Transfers $ (0) $ (1) $
Total Expenditures with Transfers $58,484,721 $ 67,136,450 $ 80,186,803
(Use)/Addition of Fund Balance $ (1,828,566) $ (14,131,906) $ (24,109,516)
Section 4. That the general tax levy and all appropriate taxes and levies be imposed as
authorized by law and all authorized revenue is collected.
Section 5. That the 2"d and 3`d readings of this ordinance are waived by suspension of the
Rule as allowed pursuant to Idaho Code §50-902.
Section 6. The City Clerk is directed to forthwith publish this Ordinance and file a certified
copy of the same with the office of the Secretary of State of Idaho as provided in
Idaho Code §50-1003 and the same shall be in full force and effect from and after
its passage, approval and publication, according to law.
PASSED by the City Council and APPROVED by the Mayor of the City of Meridian,
Idaho this .ZV'�' day of 2012.
APPROVED:
ATTEST:
m
0
Wcee V Holman, City Ch
STATE OF IDAHO )
) ss..
County of Ada )
Gly of
T y4e/Weerd, Mayor
(�
IDA 0 1
m
On this 2.% day of (-v q\2 6 k , 2012, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L.
HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
ANNUAL APPROPRIATION ORDINANCE FY2013 - Page 5 of 6
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL) .......
• • :,� ,,, U oLIC•
•`C ; ••
NOTARY PUB IC FOR IDAHO
RESIDING AT: P jr i o y) LI)
MY COMMISSION EXPIRES:. kn A zoo
ANNUAL APPROPRIATION ORDINANCE FY2013 - Page 6 of 6
Meridian City Council Meeting
DATE: August 28, 2012 ITEM NUMBER: 10
ITEM TITLE:
Future Meeting topics
PROJECT NUMBER:
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