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2011-04-05E IDIAN~ ~D,~~a CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 05, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoa lun g X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of March 22, 2011 Ci Council S ecial ' ty p Meeting B. Approve Minutes of March 22, 2011 City Council Re ular Meetin 9 g C. Resolution No. 11 778: Resolution of the Ma or and Cit Council of the .. Y Y City of Meridian Rescinding a Portion of Resolution No. 09-653 Re ardin 9 g the April 20, 2011 Increase to Water and Sewer Rates Within the Ci of .. ~ Meridian. D. Memorandum of Understanding between Meridian Develo ment . .. p Corporation and the City of Meridian regarding Idaho Power Easement in Centennial Park Moved to Item 7 on Regular Agenda E. Development Agreement for Approval: MDA 10-011 Silver Oaks A artments p by Silver Oaks Apartments, LLC Located Approximate/ 114 Mile West of . Y Ten Mile Road, North of W. Franklin Road Request: Modification to the Development Agreement to Reflect a New Development Plan and Increase in the Number of Residential Units Within the Develo ment p F. Approval of Award of Bid to WesTech Inc. for Seconda Clarifier Retrofit . rY Equipment and Authorize the Purchasing Mana er to Issue and Sin a . g 9 Purchase OrderlContract in the Amount of $199,425.00 Meridian City Council Meeting Agenda -Tuesday, April 05, 2011 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. G. Final Order for Approval: TEC 11-001 Crossfield Su ' ' ' ' bdivision by Pride, LLC Located Southwest Corner of N. Venable Lane and W. ' Ustick Road Request: Time Extension Approval on the Prelimina Plat rY H. Task Order #10238 for the Implementation Plan Stud for M' ' . y icrothrix Control with Brown and Caldwell for aNot-To-Exceed Amount of 57 $ ,696.00 Pursuant to the Master Agreement Approved b Cit Council A ril 1 Y Y p 3, 2010 I. Second Amendment to Task Order 0766 for Professional Servic es (Related to the ACRD Franklin Road -Ten Mile to Linder Utilit Installation Pro'ect • Y J ) with Parametrix for aNot-To-Exceed Amount of $78,769.00 er the Master p Agreement Dated March 1, 2007 J. Approval of 2011-2012 Beer, Wine and Liquor License Renewals as follows: Sa-wad-dee Thai Restaurant 1890 E. Fairview BIWIL Cheerleaders Sports Bar & Gill 3451 N. Eagle Rd. BIVIIIL Maverik Store #410 1630 E. McMillan BIVII Rite Aid #5412 1600 N. Main St. BIW Fred Meyer #198 1850 E. Fairview Ave B!W Buffalo Wild Wings 3223 E. Louise Dr. #103 BIVIII L Wal-Mart Supercenter #2862 4051 E. Fairview Ave. BIW Divine Wine 2310 E Overland Rd. #105 BIVII Sizzler #215 3380 N. Eagle Rd. BIVII Walgreens #06200 1570 E. Fairview Ave. BIW Walgreens #10197 3150 W. Cherry Lane BIW Walgreens #10604 1625 S. Meridian Rd. BIVII Walgreens # 11452 3263 N. Eagle Rd. BIVII Walgreens # 11687 4850 N. Linder Rd. BMI Applebee's Grill & Bar 1460 N. Eagle Rd. BIWlL Sunrise Bakery & Cafe 805 Main St. BIWIL Jacksons # 140 3010 Goldstone Rd. BIW Ram Restaurant & Brewhouse 3272 E. Pine BIWIL Texas Roadhouse 3801 E. Fairview Ave. BIW/L Chicago Connection 1935 S. Eagle Rd. BIWIL Chicago Connection 1639 N. Main St. B A New Vintage Wine Shop 1400 N. Eagle Rd. #104 BIW Albertsons #164 20 E. Fairview Ave. B1V11 Albertsons #180 3301 W. Cherry Ln. BIVII Goodwood BBQ Company 1140 N. Eagle Rd. B1WIL Cafe IndigolCourtyard by Marriott 1789 S. Ea le Rd. g BIVIIIL JB s Restaurant . . 1565 S. Meridian Rd. BIW Meridian City Council Meeting Agenda -Tuesday, April 05, 2011 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 andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Community ItemslPresentations A. Public Hearing: Meridian Police De artment Fee Sched p ule B. Resolution No. 11_779: Adoptin Meridian Police De art 9 p ment Fee Schedule Approved C. Public Hearing: Precious Metal Dealers Ordinance Pu ' blic Hearing Continued and Left Open Until April 19, 2011 D. Moved from Item 10B -Ordinance No. 11-1479: Precious Metal Deal r ' e s first reading) Completed First Reading 7. Items Moved From Consent Agenda Moved from Item 5D - Memoran dum of Understanding between Meridian Development Cor oration and the Ci .. p ty of Meridian regarding Idaho Power Easement in Centennial Park A roved pp 8. Action Items A. Public Hearing: MDA 11-002 Meridian Town Center b Meridian CenterCal Y , LLC Located at Northeast Corner of E. Fairview and N. Ea le Road . g Request. Amend the existing Development A reement Instrument 9 #108131103)to Include an Updated and Expanded Develo ment Plan and p Minor Edits to the Text of the Agreement Approved B. Public Hearing: CPAT 11-001 Comprehensive Plan Revam b Cit of .. p Y Y Meridian Planning Department Request: Amend the Text of the Cit of M ~ Y eridian Comprehensive Plan Which Includes the Followin : 1 Ado tion .. .. g ) p of the 2010 Existing Conditions Report as an Addendum to the Plan ~ 2 ,) Updates to the Text of the Plan; 3) Changes and Additions to the Goals Objectives and Action Items Contained in the Plan AND 4 A Com lete ) p Reformat of the Plan Approved C. Public Hearing: ZOA 11-001 Unified Develo ment Code UDC Text . p ( ) Amendment by City of Meridian Planning Department Re uest: Amend the . q Text of Certain Sections of the UDC to Include General Clarifications 1 Clean-Up Items; Standards for Pathway Lighting Alon the Ea le Road g g Corridor; and Allowance for a Council Waiver of Certain Stormwater Integration Standards Approved 9. Department Reports A. Mayor's Office: Mobile Business Advanced Processin Interface API g ~ ) Meridian City Council Meeting Agenda -Tuesday, April 05, 2011 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. B. Clerk's and Park's Department Joint Re ort: Te ' . p mporary Uses in Parks Policy Discussion; Thousand Sprin s HOA Fee Waiver Re 9 quest C. Planning Department: Cost Share and License A ' greements with Ada County Highway District (ACRD) for the Landsca in and ' . p g Maintenance Associated with the Ustick, Duane to Cam ton and the Franklin ' p ,Ten Mile to Linder Roadway Projects Continued to A ril 12 2011 p , D. Planning Department: Budget Amendment for Welco ' me Signs and Software for aNot-to-Exceed Amount of $6,668.00 A roved pp E. Continued From March 22, 2011 - Plannin De artment: Ea le 9 p g Road Safety Improvements Request Letter to the Idaho Trans ortation De artmen p p t (ITD) Approved F. Police Department: Budget Amendment for the De artment ' , p of Juvenile Corrections (DJC) I Enforcing Underage Drinkin Laws EUDL Gr g ( ) and Award for aNot-to-Exceed Amount of $7,420.00 A roved pp G. Police Department: Budget Amendment for Dru Free Communi i g t es (DFC) PY2009 Carryforward Balance in the Amount of $20,923.00 A roved pp 10. Ordinances A. Ordinance No. 11-1478: An Ordinance of the Ma or and the Cit Coun ' . , , Y y cil of the City of Meridian for Annexation of a Parcel of Land Located in a Portion of Lot 3 of J. E. Pfost's Subdivision, Recorded in Book 4 of Plats at Pa e 157 Re ~ •g cords of Ada County County, and a Portion of the North Meridian Road Right-of-Way; Said Parcel Situated in Known as the Boru Pro ert . p p Y and is Located in the Southwest Quarter of Section 8, Townshi 3 North . ., p Range 1 East, Boise Meridian, Ada County, Idaho AZ 10-003 ( ) B. Ordinance No. 11-1479: Precious Metal Dealers first readin Moved to ( g) Item 6D 11. Future Meeting Topics Adjourned at 9:49 p.m. Meridian City Council Meeting Agenda -Tuesday, April 05, 2011 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 Cit Council Meetin A ri 15 2011 A meeting of the Meridian City Council was called to or ~ ' der at 7.04 p.m., Tuesday, April 5, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoa lun ~ ' . g ,David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Anna Cannin Ri g, ch Dees, Sonya Wafters, John Overton, Jeff Lavey, John Overton, Mark Neime er Steve Si y ddoway, Brenda Sherwood, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. __X _ David Zaremba __ X __Brad Hoa lun g __X __ Charlie Rountree __ X __Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for your patience in waitin for us and welcome to our . 9 regular meeting with City Council. For the record it is Tuesday, April 5th. It's 7:04. We will start with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is we have the privilege of bein led in the led a toni h g p g g t by Troop 149. They are with the McMillan LDS Ward and Jordan Brown is oin g g to lead us in the pledge. (Pledge of Allegiance recited.) De Weerd: Jordan, if I can I would like to offer you a Cit of Meridian in for leadin u Y p gs in the pledge. Thank you. Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church De Weerd: Okay. Item No. 3 is our community invocation. Toni ht we will be led b g Y Pastor Steve Moore with the Ten Mile Christian Church. If ou will all 'oin us in the Y J community invocation ortake this as an opportunity for a moment of reflection. Moore: Heavenly Father, just .today I have heard of two volunteers in this communit that are loin thi y g ngs to make this a better place to live, that care about their nei hbors g and strangers and people they don't even know that will be im acted throu h their kind p g deeds. For all of us here, God, thank you for where we live in this nation in this state and in this city. Father, I pray that we would -- you would 'ust s eak to us ou would J p ,y Meridian City Council April 5, 2011 Page 2 of 63 lead us through daily life, through encounters with each other, through your presence about us to keep the big picture and reco nize the eter ~ ' g nal nature of life that overrides. In that vein tonight, God, that I suppose the decisions ar ' e going to be made that some of us in this city aren't going to like and some of us will. I' is an awesome responsibility that these folks have accepted and undertaken on our behalf. Pray that you would bless them and lead them. We pray, God, that the decision ' s they make will be made on the basis of truth and principle. God, hel them to noticed ' p etails and to think about the people that they serve as they make these decisions. Father I r .. , , p ay that each of us, as citizens, would participate in the process of our communit . We are y grateful forthe ultimate model of neighborliness in ourSaviorJesus Christ in his n ame I pray, amen. De Weerd: Thank you for being here and forall ou do to arran e t y g hat. Thank you. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is our --the ado tion of th p e agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items that we need to move around here toni ht for our a g genda. Under Item 5, the Consent Agenda, 5-C is resolution number 11-778. 5-D the -- we need to move to Item 7, which is items moved from the Consent A enda. There is a 9 word that needs to be added to that, so we need to pull that off the Consent A enda. 9 Moving on to Item 6, Community Items/Presentations, that -- 6-B is resolution num ber 11-779. Item 6-C is a public hearing regarding precious metal dealers' ordinance. And we have under 10-B the ordinance itself. So, we think it would be best for ' folks in attendance after the public hearing to see what action we take on that ordinance instead of waiting until later on. So, we need to move 10-A to follow 6-C. I'm sor 10-B. 10-B to follow 6-C. And under Item 10, 10-A, that ordinance number is 11-1478. And 10-B, which will, then, become 6-D, is ordinance number 11-1479. And with all those, Madam Mayor, I move adoption of tonight's agenda as amended. Bird: Second. De Weerd: Mr. Hoaglun, will you repeat that? Hoaglun: Yes, I will. De Weerd: Council, we have a motion to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda Meridian City Council April 5, 2011 Page 3 of 63 A. Approve Minutes of March 22, 2011 Cit Cou ' y ncil Special Meeting B. Approve Minutes of March 22, 2011 Cit Coun ' y cil Regular Meeting C. Resolution No. 11-778: Resolution of the Ma or ' y and City Council of the City of Meridian Rescindin a Portion of g Resolution No. 09-653 Regarding the A ril 20 2011 Increa p se to Water and Sewer Rates Within the Cit of Meridian. Y E. Development Agreement for Approval: MDA 10-011 Sil ver Oaks Apartments by Silver Oaks Apartments LLC Located Approximately 114 Mile West of Ten Mile Road North of W. Franklin Road Request: Modification to the Development Agreement to Reflect a New Develo ment Plan p and Increase in the Number of Residential Units Within the Development F. Approval of Award of Bid to WesTech Inc. for Seconda .. rY Clarifier Retrofit Equipment and Authorize the Purchasin g Manager to Issue and Sign a Purchase Order/Contract in the Amount of $199,425.00 G. Final Order for Approval: TEC 11-001 Crossfield Subdivision by Pride, LLC Located Southwest Corner of N. Venable Lane and W. Ustick Road Request: Time Extension Ap royal on the p Preliminary Plat H. Task Order#10238 forthe Implementation Plan Stud for . Y Microthrix Control with Brown and Caldwell for aNot-To- ExceedAmount of $57,696.00 .Pursuant to the Master Agreement Approved by City Council April 13, 2010 I. Second Amendment to Task Order 0766 for Professional Services (Related to the ACRD Franklin Road -Ten Mile to Linder Utility Installation Project) with Parametrix for a Not-To- ExceedAmount of $78,769.00 per the Master A reement Dated g March 1, 2007 ~. Approval of 2011-2012 Beer, Wine and Li uor License q Renewals as follows: Sa-wad-dee Thai Restaurant 1890 E. Fairview BIWIL Cheerleaders Sports Bar & Gill 3451 N. Ea le Rd. BIVII/L . g Maverik Store #410 1630 E. McMillan BIW Meridian City Council April 5, 2011 Page 4 of 63 Rite Aid #5412 1600 N. Main St. B!W Fred Meyer #198 1850 E. Fairview Ave B 1W Buffalo Wild Wings 3223 E. Louise Dr. #103 BIWI L Wal-Mart Supercenter #2862 4051 E. Fairview Ave. B NV .. Divine Wine 2310 E Overland Rd. #105 B /VU . Sizzler #215 3380 N. Ea le Rd. BNV g Walgreens #06200 1570 E. Fairview Ave. B1W Walgreens #10197 3150 W. Cher Lane BNV Walgreens #10604 1625 S. Meridian Rd. BIW Walgreens # 11452 3263 N. Ea le Rd. B/W g Walgreens # 11681 4850 N. Linder Rd. BIW Applebee's Grill & Bar 1460 N. Ea le Rd. B1WIL g . Sunrise Bakery & Cafe 805 Main St. B1W/L Jacksons # 140 3010 Goldstone Rd. BIW Ram Restaurant & Brewhouse 3272 E. Pine BIW/L Texas Roadhouse 3801 E. Fairview Ave. BIWIL Chicago Connection 1935 S. Ea le Rd. BMII L g . Chicago Connection 1639 N. Main St. B A New Vintage Wine Shop 1400 N. Eagle Rd. #104 BIW Albertsons #164 20 E. Fairview Ave. BIVU Albertsons #180 3301 W. Cherry Ln. BIW Goodwood BBQ Company 1140 N. Eagle Rd. BIW/L Cafe IndigolCourtyard by Marri ott 1789 S. Ea le Rd. BIVII/L g JB s Restaurant 1565 S. Meridian Rd. BIW De Weerd: Item 5, our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On the Consent Agenda, as noted 5-C is resolution number 11-778. 5-D is moved off the Consent Agenda. And there being no further chan es on the Consent . g Agenda, I move approval of tonights Consent Agenda and with the ma or to si n and Y g clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent A ends as chan ed. . 9 g If there is no discussion from Council, Madam Clerk. Holman: Thank you, Madam Mayor. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council April 5, 2011 Page 5 of 63 Zaremba: This is not discussion that would re uire remo ' q ving an item, but I Just wanted to focus on Item 5-C for a moment and thank the Public W orks Department for all the effort they have put in in the last couple of ears that allow Y sus to not take a scheduled increase in the water and sewer rates and thank you ve much. De Weerd: Thank you for noting that. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, ea' Hoa lun e Y g , y a. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community ItemslPresentations A. ,Public Hearing: Meridian Police Department Fee Schedule De Weerd: Item 6-A is a public hearing on the Meridian Police Department fee schedule. I will turn this over to the chief. Lavey: Madam Mayor, Council, I didn't know I would s eak on this o ' . p ne, so -- on this particular one we have been working with the Le al De artment to ad'us g p J tour fee schedule, much like what we did with the clerk's office. There is some u ' ' niqueness in what we do at the Police Department, so we couldn't 'ust use the ex J act same fee schedule and thats whats in front of us today. These fees are based on wh en we could on the same fees that work for the city and the other fees, such as animal co ntrol costs, are just -- are based on what the true costs are for what we do for business based on the work of Emily Kane in the attorney's office and with the Police De a ... p rtment records division and right now we Just stand for any public testimon on that. So if I . Y can answer questions I will. Otherwise, we will Just take public testimon on the fees. Y De Weerd: Okay. Council, any questions forthe chief? Bird: I have none at this time. De Weerd: Thank you, chief. Are there any members of our ublic who wo ' . p uld like to provide testimony on this item? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that the public hearing on the Meridian Police De a p rtment fee schedule be closed. Meridian City Council April 5, 2011 Page 6 of 63 Bird: Second. De Weerd: I have a motion and a second to close the ' public hearing on Item 6-A. All those in favor say eye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. B. Resolution No. 11-779: Adoptin Meridian Police g Department Fee Schedule Hoaglun: Item 6-B is the resolution ado tin the Meridian ' p g Police Department fee schedule. Therefore, I move to approve resolution number 11-77 9. Bird: Second. De Weerd: I have a motion and a second to a rove Item 6-B . pp ,Ordinance 11 779. If there is no discussion by Council, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, ea; Hoa lun ea. Y g ,y De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: Precious Metal Dealers Ordinance De Weerd: Item 6-C is also a public hearin on the recious metals ' g p dealers ordinance and I will ask for comments from the chief again. Lavey: Madam Mayor, Council, hopefully, we will have better luck on ' this one. Over the last several months, starting in February, the olice de artment c ' . p p ame in front of Council in regards to the precious metal ordinance and I will 'ust s e j p ak on that real briefly and, then, also allow the public to testif if the so choose. An Y Y d the whole purpose of this ordinance is to control and track the sale of recious metals and th p e reason why that is important is that in Ada County alone we deal with about 1.2 milli on dollars worth of thefts of jewelry every year. That's not countin Garden Cit . ' g y I dont have the stats for that, but that's counting eve other 'urisdiction. Th ' rY 1 e police departments recover less than 200,000 of that propert back and a lot of times ' . Y what s happening is that the property is either being pawned or it's bein sold to g other businesses and the idea behind it is that establish a holdin eriod for that ro g p p perty, so if someone does report their property stolen, there is a chance that we mi ht be g able to recover it. If you recall several years ago we established an ordinance and ut a p Meridian City Council April 5, 2011 Page 7 of 63 program in place call Leads Online and Leads Online is -- is a service where the property is photographed, it's stored in a server. Police have access to it an ' d if we see something that we believe may be stolen; we can lace a hold on th ' . p at. So, this ordinance would use that same system. The -- the license would r ' equire that the person be identified, the property be photographed, and be stored on this serv er. There would be a certain waiting period that would be establish before the could ac y tually melt the jewelry and do whatever -- whatever the do with it. As instructe Y d, we sent a detective around to talk to all the businesses in town. That included the pawn shops. They included the businesses that actually bu old and silver and oth r ' Y g e precious metals. It included a Money .Tree in town, because the actual) had ex ressed -- th . Y Y p e corporate office had expressed interest in doing gold and silver and it also included all of the jewelry shops in town in case that they may bu old and silver as well. Came ' Y 9 in front of Council last month, the changes we made were the holdin eriod. I know g p at one point in time we had it as high as 21 days and in the police de artment the Ion er p g we hold it the better chance we have of -- of possibly getting the re ort that's it stolen. p Oftentimes people will be on vacation or not realize that their ro ert is missin for p p Y g some time. So, the longer it is the better it is for us. However, we also reco nize that .. g the rates fluctuate in the pricing and they are going to want to sell that as uickl and do q Y whatever they are going do with it as quickly as possible so they don't lose mone . So Y we recognize that as well and we lowered it to ten days. As Council is aware, Boise has seven days. They are talking about extending it to 21 days. Chubbock has ten da s. I Y believe Nampa s proposal is -- well, I just saw it in the paper toda ; I don't even .. Y remember what it is. I thought it was ten days, but I believe it's less than that. And so we compromised with ten. There is one other business that expressed some concern about the speed of their internet connection and we understand that. It wasn't that the . Y couldnt do it; it would just be much slower if you took. a picture of it and had it to download it. I can tell you that it doesn't have to be to a ma'or me a ixel ict r ., 1 g p p Ue, because it s on the web, so you can actually decrease the size of the picture and s eed p up the process. But there was no concern in a lot of other places. At least s eakin to p g the detective and I provided those notes to Council last month and I would ho a that if p there are concerns that people will address those today. And the other ne ative we had g was a gentleman had wrote a letter, but in reading the letter he addressed the issue of buying precious metals and this would have no impact on that. So, if he's here toda he . Y can -- he can clarify that for us, too, if we might have misconstrued what he's tryin to . g get at. So, with that being said, unless Council has anymore questions, we can take public testimony and, then, I can answer any questions that that public testimon ma Y Y create. De Weerd: Council, any questions? Rountree: I have nothing further. Lavey: Thank you. Meridian City Council April 5, 2011 Page 8 of 63 De Weerd: Thank you. We will accept public testimon on this item. Y Is there any member -- yes, sir. Sir, you will need to come up to the micro hone. And if ' p you wi I I, please, state your name and address. Thank you. Williams: I appreciate the ability to talk to you folks, Madam Ma or and the Coun ' . , , Y cil. My name is Mike Williams. I'm a coin dealer by nature. I have done so since 1969 as a business. I'm past president of the San Diego Coin Dealers Association in San Die go, California. I moved up here, opened up a shop in 2004 on Main Street at 1225 No rth Main Street. I m asemi-retired individual. It gives me somethin to do. I'm a law .. .. 9 abiding citizen and I would like to point out that this I feel Ives undue cost and burden 9 to implement what you guys want. I'm a single proprietor. I do it all b m self. I have Y Y no internet connection. I do have satellite -- pricing via satellite form old and silver Y9 prices. I have my little iPad that I use for gold and silver prices, but I'm illiterate when it comes to the internet. I used to have 15 people working forme in San Die o. I was a g major player. But they did all that. All I knew was how to do stuff. Well, an a , if a Yw Y person has to hold one ounce gold Krugerrand or a one ounce gold bar for ten da s, 20 Y days or whatever, he can lose his pants. You re looking at, in the course of six da s -- Y the TV crew was out today and I talked to them and I showed them on m little iPad . Y where in the course of a week that the price of gold had fluctuated 65 dollars an ounce between the high and low. There is no way that a person can conduct business and be competitive doing something like this. I sell a lot of stuff to business people; I try to sta . Y clear of anybody that I think is trying to sell something that it doesn't belon to. I am g instrumental in breaking a case in Nampa thanks to Detective Doug Borah of the Boise Police Department informing me of a case where there was a home invasion in Ow hee Y county with a Ruth Gildersleeve and she had a number of one ounce gold coins stolen and because of that they were able to take surveillance off my cameras and the were Y able to bust that case by people that came in and sold it. They charged them, the of . Y9 out on bail, and they fled the state. Okay. If I ever have a problem I have no problem calling you guys up and I have talked to the police department on numerous occasions, I have had them send in, ask question, no problem. But I am at the age where I'm not willing to get involved in doing all this stuff. When I buy a coin collection or an estate there is many coins involved and in a case of an 1883 0 silver dollar, they probabl . Y made anywhere from six to ten million. In the state of Idaho everybody believes in gold and silver, because it's a silver and gold producing state and they believe in buying Idaho. And they also believe in their rights of doing as they want. If they have these old coins sent back and they are put back and given to them by their grandfather, whatever, they don't have receipts for these and there are times that things are tough right now and they are coming in and selling their heirlooms because the fact they don't have enough money to pay their phone bill or gas to go out looking for a job. They don't want people knowing what they doing and that they are hitting on hard times and a way that I understand this bill is that we have to -- if we buy something from somebody we have to do all this stuff and send it in. As far as I'm concerned, what they do is their right to do so, because it's their property. De Weerd: Sir, can you summarize, please. Meridian City Council April 5, 2011 Page 9 of 63 Williams: Long and short, if this bill is assed I retire. p I m on Social Security anyway and I m out of here. But what they are oin to do is it's not . 9 g going to be productive in a business environment for other people to come in here. It' ' s going to affect lawyers that do estates; because they liquidate estates, there is 'ewel j ry and stuff like in there. I understand if you want to regulate jewel ,because that's som rY ething thats identifiable, but when they make many quantities of a coin and ou can't t . y ell one from another, if a guy owned it or not, how can you prove ownership? De Weerd: Okay. Any questions from Council? Rountree: I have none. De Weerd: Thank you for being here. Williams: Okay. Thank you. De Weerd: If you will, please, state your name and address for the record. Rohner: My name is Joe Rohner. I live in Boise and, a ain I a reciate the ch 9 pp ance to speak tonight. Back in the mid '80s to the mid '90s I worked for several differen t precious metal dealers and, then, for a pretty good long period of time under m own sho back in Y p Minnesota and gold and silver our special things, even if the are in Y jewelry form, but more in particular if they are in the forms of bullion coins le al tend g er coins and such. They, essentially, give people privacy that -- that is ve hard to come b , , rY y these days and many people are shifting their wealth from a er which is meltin in pp ~ 9 your wallet, into those sorts of things at very rapid rates toda . An ordinance such like Y this, even though it has good intentions, has a lot of problems with it and I --one of th e biggest ones was alluded to by the gentleman just before and that's in the ra id and volatile fl p uctuations of the stock market. Ten days could wipe somebod out on a Y purchase or a sale, whether they are a dealer or a member of the ublic sellin . I mean . p g today the price of silver -- and I think gold, too, but in particular silver was u darn near . p a buck and it might drop two or three bucks .tomorrow and o u and down like a o- o. g p Y Y People who -- I guess people who -- who buy those thin s, the dealers the have to . g y lock those prices the instant that they buy them and the have to deliver that metal Y , then, to the buyerwho they buy them from. This delay in the rocess it could make a lot p of money a little bit further down the road, but it could wipe them out, too. I don't live in Meridian and in Boise I don't have a shop, I just do a small time business with a few clients and I'm considering getting back into this, because the real estate business has been wiped out and I'm a real estate broker -- emphasis on the broke. So when the precious metals shine everything else is literally in a disaster zone and we are oin to b 9 9 e moving into that faster and faster, with much more volatility in price fluctuations in precious metals. And I can see big problems with that. I can see all of the sellin of 'ust . g 1 about anything leaving town and that business being lost because dealers such as the one who might retire if this is passed, refusing to even look at those kinds of urchases p where there might be some question and if that includes even silver ea les or silver 9 maples or gold eagles, gold maple leafs, whatever bullion coins, that -- that sim I will pY Meridian City Council April 5, 2011 Page 10 of 63 drive that business out of Dodge, too, and robabl be sold p y over the Internet where you don t have those kinds of problems. a-Ba ,one of the bi ' Y ggest markets in the planet, you can literally sell anything. These -- these thieves who are steali . ng all of these things I'm sure probably are selling some there but if the d ' y on t maybe they should, because nobody is going to check their ID. I think the bee erw ' ' ~ p ent off, is that right. De Weerd: That's right. Rohner: Thank you foryourtime. De Weerd: Sir, can I ask you a question. In Boise isn't there a holdi ' ng period right now? Rohner: Well, I'm not subject to that, because I don't have a store front sho ' p and if you do this, which I surely hope you don't, I might suggest that ou look real careful) . Y y at that. There is a holding period and the dealers there -- I do a little business bu in -- y g not selling, but buying from Rosehill Coin Gallery. Those folks could robabl ive ou p y g y a lot of information on how that works and several of the other sho s. But there is a holdi . p ng period and it causes problems. There is no way to avoid it and the roblems are oin p g 9 to get bigger as we move into the economic climate we are goin into. g De Weerd: Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Joe, if I might kind of get some more of your expertise here. As Mike was speaking I was trying to formulate a question and it's kind of come a little clearer forme to ask you. You know, anytime you're buying something, when a customer comes in gold, silver, whatever it is, you're not giving them the market price at that time are ou? . ~ Y It s being discounted to some degree; correct? Rohner: Well, let me answer the question this way: I can't remember the last time I bought anything. Hoaglun: Okay. Rohner: It's a buyer's market, the buyer being the public, and a lot of the dealers who have store fronts are buying a lot of products, but you don't. There is a -- there is a bit of a spread on the spot market for gold and silver and that affects all old and silver . g products and depending on the form that it's in, coin or jewelry or such, the marku is p one way or the other -- usually when the customer is selling spot or maybe a little bit below and, then, when the customer is buying it's going to be -- in the case of silver considerably a percent above spot and gold the same way. There is a bit of a s read all p Meridian City Council April 5, 2011 Page 11 of 63 based on the -- the daily fluctuations of the commodities exchange stock spot market, even as J.P. Morgan manipulates it every day. Hoaglun: And -- I'll ignore that part, Joe. But isn't that --doesn't that become part of the business thinking when -- if you have got a ten da dela where ' Y y you can sell it -- I mean commodity is subject to volatile swings. I mean if war breaks out in the ' Middle East, oil spikes and you may have bought high or bou ht low and ou're eith . , 9 y er lucky or unlucky, whether its logs, grain, gold, silver, any commodit is subject to sudd ' -- ~ , ~ Y 1 en fluctuation. So, your I mean that s -- it s a speculative market and time eriod has to be f ' p actored in and dealers obviously do that, because there is holdin eriods throu hou ' 9 p g t this country on this --this type of product. Rohner: Well, I'm sure there is and I don't have a lot of experience in that kind, but I can guarantee you that delays cause problems and it increases the risk considerabl . Most of the -- the tran y sactions on larger purchases and sales have to be covered almost immediately, because like -- if I was going to sell a thousand ounces of silver ea I . g es to one of my clients, then, I could lock his price, right away I'm on the hone to the er p p son who has to cover that for delivery to me at that price, so I don't et cau ht either u g g p or down and you have to do that real fast. With these small transactions ma be it won' . , , , y t be quite as impactful if its a piece of jewelry, but if somebody brin s in a -- 500 ounces of g silver to sell and if thats also all subject to reporting, then, ou could talk some re Y al serious damage if the price went down after they bought it and if the can't sell for ten ,, Y days, you know, God knows what it s going to be in ten da s, but the traders don't. Y Hoaglun: Okay. Thank you, Joe. De Weerd: Thank you. Rohner: Thank you. De Weerd: Additional testimony? Sir. If you will, please, state our name and address Y for the record. Stewart: My name is Jack Stewart. I live at 1663 West Lowe Street in the Tumble ... rY Creek Subdivision. De Weerd: Thank you. Stewart: Now, I'm not a dealer, I'm a customer, and I'm ve concerned that if I bu ~ y some precious metals and it says here that the dealer has to put that -- ive the . g information to the police and they put it online, that means everybod in the count will Y rY know I got it. That s kind of an invasion of -- do the police have some wa of restrictin Y g that information where it wont get out to everybody? De Weerd: We will address that, sir. Meridian City Council April 5, 2011 Page 12 of 63 Stewart: Okay. The other question I had was if a dealer bu ys some precious metal or jewelry and it later turns out to be stolen, he would have to ive i . g t up and that would be a tremendous loss for him. Therefore, I think that if the olice rec ' ' s p eive a notice that omething has been stolen, they should have a list of all the dealers and they should notify them immediately with a description, so that if somebod sh ' y ows up with that product the dealer would say, oh, oh, I hadn't better bu that becaus '' Y e its probably stolen. So, that was a suggestion to the police. There is a lot of --dealer ' s have to give the police a lot of information, but the police don't ive the dealer an ' . g y information, according to this ordinance. That's it. I got some other uestions that Iwill a -- q sk the the attorney later. But that s -- if I can get that answered about -- abou ' t information about me going online --that's reallytoo much. Thank ou. Y De Weerd: Yes. And we will make sure that the chief addresses those two u ' q estions Stewart: Thank you. De Weerd: Thank you. Yes, sir. Good evenin . If ou will lease state 9 Y , p your name and address. Osborn: My name is Hubert Osborn. I reside at 4199 East Switzer Wa in Nam a. Y p De Weerd: Thank you. Osborn: I came over here as an observer, but Nam a 'ust went throu h this and .. p J g we had a citizen s committee get together with the chief and came u with an ordinan . p ce, which I think is acceptable and I notice that in the testimon eo le are concerned Yp p about the business, holding it for ten days. Nampa settled on five and also the records do not have to be transmitted to the police station. The dealer is re uired to hold them . q for one year and they are to be examined if the police have a reason to examine them. It's not something they have to do every day. And I have a co of the ordinance if ou pY y would like to look at it. De Weerd: Thank you. I -- we will see if the chief has alread -- t icall the look at all Y Yp Y Y the different ordinances, but thank you so much. We a reciate our testimon . pp Y Y additional testimony on this? Chief. Lavey: Madam Mayor, Council, I was taking notes and ho a that I have covered . p everything and, if not, I can come back up here. There is no cost for this. The Leads Online service is paid for by the police department. The cameras are su lied b the pp Y Leads Online service. There is a cost in regards to the internet connection. So for the gentleman that does not have an internet connection, there is --there would be the cost of that. But as far as anybody that does have an internet connection, there is no cost to the businesses. Nampa just had their first reading last Monda . We did use the Nam a . Y p ordinance as far as a guideline. I can tell you that I understand what Nam a did as far p as with the five days, but oftentimes the person doesn't even know somethin is stolen . g , so five. days is not really quick enough. But if that's all we get, that's all we et. Like I 9 Meridian City Council April 5, 2011 Page 13 of 63 said before, the longer we get the easier it is for us, but if we are on ' a short timeline we will deal with it. All the other municipalities current) have an ordi Y Hance. Ada County has an ordinance. Nampa has the ordinance soon. If we do not ' do something we will be the only city without the ordinance and all the eo le that have b ' p p ad intentions will be coming to Meridian to sell their products. So, we can either come on ' board with everybody else or we can be the area that all the criminals will comet ' o to sell their property and this will affect the current business owners. There is no recei t ' p s required to sell, so for those people that have the famil heirlooms or re uire -- or ' . Y q acquired it a long time ago, you don't need a receipt to actual) sell our roduct ' . Y Y p ,you dust need to identify yourself as the person that's actually sellin the roduct. A ain g p g ,the records are not transmitted to the police department. A photogra h of the ro ert is tran ' p p p y smitted to the service. No other additional information is stored. The records are k ' ept on file with the businesses and, then, we do go in and search those records if need be. As far as protection of that property, it's not like you can Google it and et the information . 9 .The information is not available to just anybody. The information is onl avail y able to the law enforcement agencies that subscribe to the Leads Online service. The y are the only people that have access to the system. So, you can't o in there and se . g e what everybody is selling or what everybody's buying. It's kind of like loin business g at the bank, not everybody is entitled to that information, onl certain eo le are. Y p p Of course, the bank workers themselves would be available to that information. And so in ' this case the workers at the Leads Online would be available to that information as w ell as the business owners themselves. So, I can't tell you that onl olice officers will h . . , Y p ave that information, but its not something that's public information. One thin to kee in ' . g p mind is we have strict ordinances in regards to the pawn shops. I wish there was some here today. The pawn shops and the precious metal dealers are different entities tha t are kind of doing some of the same things, but there is a distinct difference. We already require the pawn shops to do this when they -- when they bu ro ert .Therefore wh . Yp p Y y is it fair for them and not fair for the other ones? As stated, with this ordinance in la p ce we are still going to have the issue of eBay or any other online services. It's 'ust a fact 1 of life. We -- we cannot control everything. But it will sure control what ha ens in cit . pp our y And in regards to property that is actually stolen, that information is alread shared with th y e businesses in town. When we actually have descriptions of ro ert that is p p Y actually stolen that we think may be pawned or may be sold, we will rovide that . p information to the businesses. They may not every time, but a lot of times we will because if we put them on alert, then, they are going to be able to identif our sus e y p cts as soon as they come in and it makes our job a heck of a lot easier. So that information is already being shared. I believe that covers eve hin . If it doesn't w ~ g e can hear from everybody else and I will try to answer those questions. And Council if they have -- if you have any questions. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Jeff, I missed it apparently, but address the question about bein a bu er . 9 Y and information about a buyer being taken and being put online. Meridian City Council April 5, 2011 Page 14 of 63 Lave :The information would -- would be recorded with the business, but not with the Y Leads Online service. Only if we actually -- if the business actually purchased somethin . So, if they sold something that picture would go online. No other g information would go online. De Weerd: And the only one with access is law enforcement. : Yes. So if the business actual) holds that record as far as if they -- if that Lavey Y roperty -- if they have property that they are selling --that someone goes in to buy that, p .. whatever record that they currently keep is the record that exists. We are requiring a record we are onl re uiring a record for people that actually are selling things to the Y q business. So, that would be up to the individual customer in the business. The police department does not have access to it. Hoaglun: So, Madam Mayor and chief --and maybe this is a question for legal counsel. So, under Idaho's law public records request an entity couldn't go in, news organization, whoever, make a public records request to the dealer saying you have public records of people who sold gold, silver -- Lavey: Not a public record. Hoaglun: It's not a record. Lavey: It's a record of a private business. It's not government. It's not a private record. Hoaglun: Okay. Lavey: I mean it's -- excuse me. It's not a public record, so that -- the public records law does not apply. In fact, the only way that law enforcement could get it is either through consent orthrough a search warrant. Hoaglun: Okay. Thank you. De Weerd: Okay. Any other questions from the chief or any of those that provided testimony? Rountree: I have none. De Weerd: Thank you, chief. Rountree: Madam Mayor, question and it's probably for Mr. Nary. The public hearing is still open. Do we maintain the public record to be open during the first reading of the ordinance and continue it opened until such time as we take action one way or another on the ordinance? Meridian City Council April 5, 2011 Page 15 of 63 Na Madam Ma or, Members of the Council, you can certainly do that. You can ry Y either close the hearin if ou wish or you leave it open if you would like to, again, invite 9 Y .~ an more information. Toni ht is first reading only of the ordinance. So, it s scheduled y g for either one ortwo more readings in front of you and, then, you have more opportunity to receive information if you would like. That would probably be the best way to do it is just leave it open. Rountree: So -- and if you would -- there is a number of folks in the audience that are interested in this topic -- explain to them what first reading means. Na :Under the Idaho Code ordinances are to be read three separate times and there rY . . is an ability to condense those readings, but what was directed by the Council is that we would have on these types of ordinances an initial reading, which, basically, is just the listin on the agenda, and the title is read, no other action is taken, we don't actually g .. read the ordinance out loud. And, then, it will be set over for one or two additional readings before action is taken. So, if the Council desires to leave the record open that allows people to, then, submit any written testimony and if the desire of the Council is on --to have one more public reading -- orone more public opportunityfortestimonywe could certainly schedule that. I would suggest we do it on the second reading, just so if there is changes that are being recommended by the Council, then, we can bring that back for a third reading with the changes as requested. De Weerd: Thank you, Mr. Nary. So, Council, what is your direction on this item? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We --this would be enacted on when we -- to leave the public hearing open when we take care of the ordinance, wouldn't it? Nary: I'm sorry? Bird: The enact -- to enact to keep the public hearing open, we will do that when we do the ordinance -- reading of the first ordinance ordo we do it in a separate motion? Nary: Madam Mayor, Members of the Council, I suggest since you have opened -- there are, essentially, two items on your agenda. I would suggest that if your desire is to keep the public hearing open to move in that direction on this item and, then, again, we can schedule the second reading if you're going to seek testimony -- next week is your workshop meeting. It might be cumbersome to do to a public hearing at that one, so if you want to schedule the second reading for two weeks we could do that and that would give an opportunity for, again, more comment by that. Bird: Okay. Madam Mayor? Meridian City Council April 5, 2011 Page 16 of 63 De Weerd: Mr. Bird. Bird: I would move that we continue the public hearing on the precious metals ordinance until the final decision. Hoaglun: Second. De Weerd: I have a motion and a second to continue the public hearing to the final decision. I robably need a date certain. If we continue this fortwo weeks, which would p be the next reading, and, then, the third reading would -- Rountree: Would be the following week. Hoaglun: The 19th. Bird: 19th and 24th. Nary: 26th. Bird: 26th I mean. Zaremba: 19th and 26th would be the available -- De Weerd: We need a bank who will donate the calendars again. Bird: I got one here. We have to close on the 26th before we -- De Weerd: So, you can continue this to our next meeting, which is in two weeks, and, then, if you want to continue it again -- Bird: I'd continue this public hearing until the 19th of April, 2011. Rountree: I will second that. De Weerd: Okay. I have a motion and a second to continue the public hearing to March -- or April 19th. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: And, Madam Mayor, what we did is to allow folks an opportunity to contact us -- you can find .our a-mails on the website if you have more comments to send in, suggestions. That's what we are doing by keeping this public hearing open is to solicit your recommendations and comments, so -- Meridian City Council April 5, 2011 Page 17 of 63 De Weerd: We would ask that the comments go to the City Clerk and, Council, any comments ou et direct) ou need to put it in the public record, so, you would need to Y g YY forward that to the City Clerk. Hoaglun: Thank you, Madam Mayor. I justforget that. D. Moved from Item 10B -Ordinance No. 11-1479: Precious Metal Dealers (first reading) De Weerd: For the record. Madam Clerk, at this time we will ask for the first reading of ' is current) on the a enda rinted under 10-B, but moved to 6-D. If this ordinance that y g p you will read that ordinance by title only. Holman: Thank you, Madam Mayor. This is the first reading of City of Meridian Ordinance No. 11-1479, an ordinance amending Meridian City Code Section 3-5-2A re arding pawn brokers dealing in precious metals, amending Meridian City Code g Section 3-5-9B4 regarding pawn broker records, adding a new chapter, Chapter 9, to Title 3, Meridian City Code, regarding precious metal dealers. Definitions, applicability, and exemptions, license required, application and procedure. Operating requirements. Prohibited acts by precious metal dealers, penalties, and enforcement, prohibited acts by persons selling goods to precious metals dealers and penalties, providing a severability clause and .providing an effective date. De Weerd: Thank you. You have heard the first reading of this ordinance. Again, if ou have comments we invite you to send them into the City Clerk and as was noted we y , .. , . will again provide testimony if it s continued to the third reading on April -- oh, it will be on the 19th. So, we would invite you to either provide your testimony in writing or join us again on the 19th for the continued public hearing. Thank you all for joining us, those of you that are hear for this item. Item 7: Items Moved From Consent Agenda D. Memorandum of Understanding between Meridian Development Corporation and the City of Meridian regarding Idaho Power Easement in Centennial Park De Weerd: We did have an item moved from the Consent Agenda. Item No. 5-D. I will ask for notation of the connection of the listing of this item at this time. Nary: Thank you, Madam Mayor, Members of the Council. I had asked Council Member Hoaglun to pull this off. This has come to my attention from the Parks Department. This is a utility easement, an MOU with the MDC in regards to an Idaho Power easement and this is actually already been approved by the MDC, so we needed to make them aware that there was a misword in here, which could change the meaning of the document and, basically, it is on the second page. What we are going to ask you to do is with your motion to approve this MOU also moved to include this into the Meridian City Council April 5, 2011 Page 18 of 63 document. On a e two in the whereas clause at the top of the page it says: Whereas p9 in order to accommodate the location of the sector and transformer boxes in Centennial Park Idaho Power -- and it currently says Idaho Power will, A, utility easement and it sa s -- it's su osed to say prepare. In an earlier version of this document --and it was y pp prepared by the MDC's counsel, so it wasn't me. They -- it did say -- DeWeerd: We are so glad you clarified that. Na : I 'ust wanted to make sure we got that on the record as well. The prepare was in ry J there and so -- in one iteration or another it got dropped. So, if the Council moves that that be inserted we will advise MDC. We don't anticipate any issue with Idaho Power or MDC about it; we just wanted the record to be clear. De Weerd: Thank you. So, Council, in your motion you need to probably include -- through no fault of our city attorney, this change needs to be made. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the MOU between Meridian Development Corp and the City of Meridian regarding the Idaho Power easement in Centennial Park with the notification that our attorney did not prepare it and we had a wrong word in it. Rountree: Second. De Weerd: I have a motion and a second on this item to approve with the noted change. Any discussion? Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Action Items A. Public Hearing: MDA 11-002 Meridian Town Center by Meridian CenterCal, LLC Located at Northeast Corner of E. Fairview and N. Eagle Road Request: Amend the existing Development Agreement (Instrument #108131103)to Include an Updated and Expanded Development Plan and Minor Edits to the Text of the Agreement De Weerd: We will move to Item 8 under Action Items. Our first public hearing is MDA 11-002. I will open this public hearing with staff comments. Meridian City Council April 5, 2011 Page 19 of 63 Wafters: Thank you, Madam Mayor, Members of the Council. The next item before you is a modification to the development agreement for the CenterCal property at the Meridian Town Center. The sub'ect roperty consists of approximately 90 acres. It's J p current) zoned C-G and is located on the northeast corner of North Eagle Road and y . .. East Fairview Avenue. At the time of annexation in 2008 when the original concept plan was approved CentralCal did not own the northern portion of the site. Since that time the have acquired the property. The concept plan here on the left-hand side is the .y original plan that was included with the annexation. The applicant is now proposing a new conceptual development plan shown on the right that includes a mixed use lifestyle center, a retail center and a residential area. The new concept plan depicts retail between 532,986 and 974,000 square feet. Office uses between 43,500 square feet and 136,000 square feet. And residential between 140 and 175 units. The applicant proposes changes to the text of the agreement as follows: Minor edits to reflect timing of the amended DA and updated references to new design standards, except where specifically noted. Parking standards from the original development agreement will still be applicable. Minor edits to clarify that additional residential housing does not require modification of the a reement. And edits to reflect phasing of the agreement. Written g testimony has been received from Deborah Nelson and the applicant on this application in response to the staff report. The only outstanding issue for City Council is that the applicant requests Section 7 of the development agreement to be modified to read: Com liance eriod. This agreement must be fully executed within two years after the p p date of the findings for the development agreement modification application or it is null and void. In such event the original development agreement shall control. Staff is in agreement with the proposed modification.. And staff is recommending approval of the ro osed modification to the development agreement. Staff will stand for any questions p p the Mayor and Council may have at this time. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Is the -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I can't tell off -- off of my illustration here, but I think the parcel in the northeast that has no structure on it is future residential; is that correct? Wafters: That is correct, Councilman Rountree. Rountree: Okay. A little fuzzy on the screen. De Weerd: It's not for my eyes. Meridian City Council April 5, 2011 Page 20 of 63 Rountree: Can I borrow your glasses? Thank ou. Y De Weerd: Is the applicant here? Good evenin . If ou will lea g y , p se, state your name and address forthe record. Trottier: Yes. Craig Trottier, vice-president develo ment Cent r ' p e Cal Properties, 42 North 650 West, Farmington, Utah. Pleased to be with ou toni ht . y g and pleased to be moving forward again on the project. The last two or three ears y have been challenging, as you re well aware. The ap lication before ou toni p y ght reflects some changes in the retail world that has evolved in the last two or three e y ars and probably so -- we have had the opportunity over the last cou le of ears to continue p Y to analyze the property and also visit probably most of the successful and so me of the not so successful retail projects across the country and made Chan es in asso i ' .. g cation with those visits as we have studied and made an effort to make sure that w ' e insurance the long-term success of the project. We are in a fortunate osition toda th p y at there are not many retail projects in the country under development. The financin world has . g made that very challenging today. But as retailers have be an to emer a in ' g g the economic slow down, they are now once again looking for o ortunities for new stor ' pp a expansions and we represent one of those significant opportunities that we think is the best intersection in the state of Idaho and we are fortunate we have our financin ' g in place. We are prepared to move forward quickly and have a number of retailers ' pushing us to get them open as quickly as we can accommodate them. So, we have -- we con i t nue to work with ACRD and ITD on the traffic issues associated with that. We have r ' p ovided them with a new traffic study updated with the new site Ian and current traffi p c co u nts. We are working through a Stars agreement with them, which is ve im orta . , ry p nt for the viability of the project, and look forward to continuin work with them to addres ' . 9 s their concerns and implement the improvements necessary to -- to accommodate this. The commitment to quality of the project is higher than ever. That's one of the ke element y s as we have studied these projects across the country and believe that in the challen in environment oin g g g g forward that the -- to insure the long-term success of the ro'ect we believe th ~ p ~ at a commitment to quality that attracts the best tenants insures the Ion -term viabilit of the g y se -- of these projects and as a long-term owner we are ve committed to that ~ ry and we will continue to -- to work with the staff and the cit as we continue throu h y g the CZC process and the planning process to make sure that we have the n' icest amenities and architecture and improvements, so we create somethin that we are g proud of not only the day it opens, but for the 20 or 30 years and that the cit is roud Y p of. I'm happy to address any questions you may have orthat arise from the audien ce. De Weerd: Thank you. Council? Mr. Hoaglun. Hoaglun: Madam Mayor. Thank you, Craig. Appreciate that overview. Just a ' . quick question on your-- on youreastern border, Records Road. Trottier: Yes. Meridian City Council April 5, 2011 Page 21 of 63 Hoaglun: What's the status of the easement on that? Trottier: We have deeded over our portion of Records Road to ACHD. That was completed and recorded last week. So, I know the park trust is anxious to com lete that . ,, p and move that forward and we are anxious and willing to help them. We have deeded over our portion and we will continue to work with adjoining property owners. Hoaglun: Okay. Thank you. De Weerd: Thank you. Any other questions from Council? Rountree: I have none now. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm glad to see this action is happening. We appreciate our -- Y De Weerd: You need to turn on your microphone. Zaremba: I'm glad to see that action is happening and we appreciate our stickin with . Y g us and keep it moving. The redesigned or the proposed concept on the northern onion . p of it -- I won t call it a strip mall, but it looks like afairly -- DeWeerd: Power center. Zaremba: Uh? De Weerd: Power center. Zaremba: Yes. It brings to mind the development on the northwest corner of Ustick and Eagle where I believe there is residential proposed to be behind some of the buildings and the issue there was the treatment of the loading docks in the rear onions . p of buildings to, one, mitigate sound and traffic issues for the residences and, basicall , y to make them look more attractive than the backs of buildings usually do. Are ou . Y taking that into consideration as well? Trottier: Absolutely. We recognize that's critical for the success of that propert and as y we look at that northern property area it was really too deep to function completely as a retail only piece and with the park under construction, you know, that frontage along the park makes for fabulous residential property. But to insure the success of that, we recognize that has to be spring properly, light, noise, everything you're talking about, and that will be critical to our design to make sure that both sides work and we have an economic incentive to make sure that that works, obviously, as well. Meridian City Council April 5, 2011 Page 22 of 63 Zaremba: Great. Thank you. De Weerd: Thank you. Any other questions? Thank you, Craig. Trottier: Thank you. De Weerd: This is a public hearing. Is there any members of our public who would like to provide testimony? Good evening. If you will, please, state your name and address for the record. Crownover: Yes. My name is Keith Crownover. 2596 East Summerdawn here in Meridian. I also represent A New Leaf, which will border this area on the north side across by River Valley Elementary. The reason I'm concerned about it is when we first went to the meetings at the Marriott when we first talked about this -- by the way, I'm also a contributor, financierfor the project, as a member and retired member of the Stirs and Stirs and financial -- I have indirectly helped fund this project since it is going to be funded by Stirs. De Weerd: Well, thank you, sir. Crownover: But glad to see that, that some of the money that I have paid throu h the . g years is going to help do something of significance. But A New Leaf is a developmental disability agency and we have five buildings that we operate there in front of River Valley Elementary, both adults and children who are disabled and also have full ran e 9 of autism and so many of our clients -- we have approximately 200 employees, but about 450 clients, so we have people coming and going all the time on East River Valley. And the thing I'm concerned about is the ingress and egress, that that is ve ry tough at times, because of the flow of traffic and one of the things we have talked about in the very beginning was that there would be a signal light there and I have kept track of the different designs that come up on the web for CenterCal and so my concern would be is that there is somehow or another there will be a signal light there at East River Valley where not only the school comes out, but all of my participants and m . Y employees are coming and going, several of them many times throughout the day. And so from a concerned standpoint that's one of the things that I don't see, you know, on any of the plans. And so I would just advocate that that be taken into consideration when that time comes, because I can't see anything that says yea or nay right now, even though it was talked about in the very, very beginnings. Okay? De Weerd: I can say that that was a topic of discussion with the original application and certainly to make their project work they want that a lighted intersection as well. As well I think the city and CenterCal worked with the state to modify the Star legislation, so that some of that, which they would be correcting an existing deficiency, was contemplated. So, those kind of things have been considered. Certainly the elementary school and those businesses in that area across the street are important to the safety and function of that road . Meridian City Council April 5, 2011 Page 23 of 63 Crownover: Right. I have hundreds of times in and out with my -- with my business that's coming in and out of there. De Weerd: I can imagine. Crownover: This is my retirement out of -- I retired out of California and came up here and taught three more years in Meridian before the family business took off and so we are -- we are in a family business there. But, anyway, I'm just concerned -about all the people; because they talked about sometimes it's very hard if you are going to go north especially to cut across the traffic. De Weerd: And since we police -- since our public safety services, both police and fire, respond to that area frequently, we are equally concerned and keeping an eye on that. Crownover: Okay. Thank you. De Weerd: Thank you so much. Crownover: My apologies for not addressing you, Madam Mayor and Council Members. You know, you get olderyou forget things, don't you? De Weerd: Absolutely. Any additional testimony on this item? Any summary remarks from the applicant? Trottier: Yes. Just briefly as it relates to the traffic signal at East River Valley. That is critical for our success and I don't think we have any scenario where we wouldn't anticipate that being part of our improvements. Obviously, that's controlled by ITD, but it's -- and ACHD, but that's part of the process we are working through with them and that's critical for us as well. De Weerd: Thank you. Trottier: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: That subject does bring a question to mind and that would be phasing. I don't know if you're farenough along in your plan, but do you have a phasing plan? Trottier: We have about 20 of them. Zaremba: Of course. I guess my concern is how soon is River Valley going to get built, so -- Meridian City Council April 5, 2011 Page 24 of 63 Trottier: Well, I think in most of those scenarios East River Valley -- signaling East River Valley is part of the initial phase. I think that's critical for almost anything that we do. So, we are juggling a large number of retailers and spacing and location and that final -- that final phasing will determine what happens, but in almost every scenario that signal at East River Valley is one of the initial improvements. Zaremba: Thank you. De Weerd: Okay. Thank you. Trottier: Thank you. De Weerd: We did have someone on the public record sign up as neutral. Vick and Linda Kovaleski. So -- Rountree: Madam Mayor? De Weerd: -- signed up as neutral. Unless you want to provide testimony. I'm sorry; I just noticed the sign-up sheet. Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no more testimony, I move that we close the public hearing on Item 8-A. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-A, public hearing MDA 11-002 for Meridian Town Center by Meridian CenterCal, with the stipulation as provided by staff that the DA modification of Section 7 is also included in that approval recommendation. Bird: Second. De Weerd: I have a motion and a second. Any discussion on Item 8-A? Madam Clerk, will you, please, call roll. Meridian City Council April 5, 2011 Page 25 of 63 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Well, we look forward to some activity out there. I think many in the community have been watching it. I get that question often, so -- in addition to the park, which we are thrilled that we have an easement. Thank you. At least one part. B. Public Hearing: CPAT 11-001 Comprehensive Plan Revamp by City of Meridian Planning Department Request: Amend the Text of the City of Meridian Comprehensive Plan Which Includes the Following:l) Adoption of the 2010 Existing Conditions Report as an Addendum to the Plan; 2) Updates to the Text of the Plan; 3) Changes and Additions to the Goals, Objectives and Action Items Contained in the Plan AND 4) A Complete Reformat of the Plan De Weerd: Okay. Item 8-B is a public hearing on CPAT 11-001. I will open this public hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. It's my pleasure to present to you -- and it's hopefully a final version. The Comprehensive Plan revamp that we have been working on for a little over a year and a half now and I think you're all pretty familiar with this -- with these documents, but I do want to take this opportunity to give you a little bit of a refresher and for those in the audience and for the record as well. The first slide that I have for you tonight -- excuse me -- is the reflection of the voting at the State of the City address in February. We had our main display board was an option of pictures for the cover and the one you see on the right-hand side there is the one that received the most votes. The one on the left is -- came in second place and that will be the cover of our Existing Conditions Report. So, this will be the first page that you see of the document after it's adopted. Like I mentioned, I want to just do a quick refresher on Comp Plans in general. The Comp Plan is our official policy guide for decisions concerning the physical growth of Meridian. It establishes a vision and course to address issues and concerns of the community. The plan applies to all of Meridian and our area of city impact. It has a ten to fifteen year horizon, but some of the elements are addressed on an earlier time frame and some of them a little bit longer. The plan works with other planning-related documents in code, like the UDC, sewer and water master plan, parks and recreation system plan, pathways, CIPs. I will talk about that a little bit more here in a few minutes. The plan indicates in a general way how our community should develop and grow. You have heard it referred to as your guide for growth, so -- excuse me. So, that's what we have got tonight. The current Comp Plan was adopted in 2002. You all know we have changed a lot since 2002 and that's why we -- we took this project on in about a year and a half ago. The Meridian City Council April 5, 2011 Page 26 of 63 current document is also bulky and not really user friendly. It la s out our ath our .. Y p , current and our future conditions within each chapter. The new format that we chose and the structure includes removing the current conditions and uts it into that Existin .. p g Conditions Report that you saw the cover of as an addendum to the Ian. That Ian is . p p also part of what you re adopting tonight, so the Existin Conditions Re ort and the g p Comprehensive Plan. The Comp Plan is forward lookin and it's formatted around the . ... g citys focus areas and initiatives, economic excellence, strate is rowth services meet . 9 g , demand, organizational excellence and stewardship of the ublic trust. And then the p , layout of the chapters, like subjects were linked together to ho efull make the p Y document flow. I hope you all find that true. And, then, at the end of each cha ter are the p goals, objectives, and action items. The Comp Plan with the Existin Conditions R g eport addresses all the state code requirements -- or required elements of the Comprehensive Plan. New topics include sustainabilit , ualit of life communit Y q Y y design, healthy initiative, and arts. None of those were addressed in our 2002 version. Substantial updates were made to housing, economic develo ment trans ortation and . p ~ p the goals, objectives, and action items. We also had some chan es to our mixed use g diagram that are part of that. I do want to stress that there are no future land use ma p changes with this application and it is a text only request. There are some ma s -- p De Weerd: I'm glad you noted what FLUM meant. Hood: Right. Future land use map, so no changes to that. De Weerd: Thank you. Hood: There are other changes, though, Mayor and Council, that -- that do occur in the document. There are other maps that have been updated and tables and charts have been updated, but not our future land use map. So, some hi hli hts. A ain staff has g g g , been working on this -- both these documents for about a year and a half or so. In Ma of 201 y 0 we had our first meeting with you and the Planning and Zonin Commission to . ., g review the Existing Conditions Report. We established four work rou s; I believe it 9 p was, to address those new elements that I mentioned just a minute a o. We had . g internal review of our updates and the policies that were -- that are in the 2002 version. We routed that to all the departments, asked for their feedback, what's been accomplished, what hasn't, what needs to be updated, what's still relevant. And, then in December we had another joint meeting that you all did with the Plannin and Zonin g g Commission to review that first draft of the Comp Plan. Some of the ste s in our ublic .p p . outreach I maybe wont go through all of those, but there was quite an extensive outreach to get the word out that we were in the process of revampin and u datin our g p g plan. Blogs. I have been updating the website on a -- when the critical u date was p needed I have been updating those, so the updates on the website and kee in eo le p 9p p in tune if they were interested in this topic. And, then, public service announcements for the hearing this evening. So, some of the chan es all in hi hli hts sin ' ' g g g ce our joint meeting that we had with the Planning and Zoning Commission in December. You ma Y recall at the back of the document, as an appendix, was an implementation Ian and we .. p got some comments on the repetitiveness, as well as the lead for the various action Meridian City Council April 5, 2011 Page 27 of 63 items. So, we -- we played with that a little bit. We took the oats ob'ectiv g j es, and action items out from that Comprehensive Plan document and it shrunk our locum ent down and lost about a third of its pages, which is ood. We kee all that text ' ' g p ,but it s at the back of each -- each chapter now. We also added a new column that make ' s it clear who the lead for each action item is and so it's not as re etitive and it doesn't r ' .. p elist all the policies in the chapters and at the back of the Ian. The Ian that we . p p have established or will begin the process and hope for your blessin this evenin is w ' g g e will still use a document that you saw during that December worksho so a com reh ' p, p ensive document, but we will use that more internally so we can communicate across departments. We plan on getting together shortly after this is ado ted and brin ' . p gang all the relevant city staff and other agencies if applicable and rioritize and sa this i p y s what we should be working on first, second, and third, that kind of short medium and Ion - 9 term goals and bring that back to the Council for your input on are we workin on the 9 things we should be working on or not. But we will do that as a team of cit Y departments. So, that would be a task that will be, a ain, later on this s rin and g p g probably into the summer we will try to prioritize all those thin s listed in what we call g the implementation plan. So, if you hear that nomenclature that's what we are talkin about th ~ g e implementation plan. Also during the December workshop we about talked the potential for the city to add or adopt the future acquisitions ma and that of a little . p 9 bit of discussion as well. On page 44 of the draft that's before ou toni ht there is a ... Y g section on the future acquisitions map. We had a meeting with some of the ke staff m ... Y embers last month and discussed the feasibility of that map and took our comments . Y into consideration. We do still believe that there is some merit to the cit ado tin a Y p g future acquisitions map. However, instead of depicting on the ma all the facilities and p infrastructure needs over a 20 year time frame, we propose to use that future acquisitions map for specific and critical properties that are needed. to ex and p infrastructure and really what we come up with is three that we think fall into the category that can't float around. Like a park maybe can where it doesn't have to be a parcel specific, it can move a quarter mile or a half mile away and still -- ou can still ut . Y p a park in there or a fire station. The three we have identified as this kind of workin g group are wastewater treatment plant expansion. Obviously that has to be adjacent to the wastewater treatment plant. So, a couple of properties around the wastewater treatment plant. I think I have a map here. So, what you see here are -- the reen g would be sewer. So, the first green one -- wastewater treatment plant. And ri ht now .. g we don t have those specific properties highlighted. This is just a general idea of what -- you know, where those -- where that map would have some locations fors ecific sites. . p The second one is on this map and that would be certain well sites that ma have water . Y quality issues in the future and Public Works needs and adjacent facility or pro ert to . p Y address those concerns. Again, it needs to be adjacent to -- to treat that water in anticipation of there being some water quality issues. And the third, which isn't on this map, but I think I can probably draw it on here relatively quickly, would be a rail with trail corridor. So, that would be the three properties that we, potentially, see bringin back 9 before you tonight. You re not acting on that. The language in there to date does not have a map for future acquisition, it's just I wanted to touch base with you a ain and sa g Y this is the direction we are going. If you dont like that you can let me know now and we will amend the language in the current draft and pull it out. If you don't want to -- I mean Meridian City Council April 5, 2011 Page 28 of 63 if you don't like this idea. But we will bring a Comprehensive Plan -- at least the intention is to bring an amendment to this hopefully newly ado ted Ian with a future ... p p acquisitions map and we will have a map that will be parcel specific. As ou can see . Y there is about ten properties or so, excluding that rail corridor that would be on this future acquisitions map. So, I will -- I will pause for just a minute to see if there are an Y comments on that concept and, then, I will move on. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, I think it's a good idea to -- to have this in lace and robabl need to p p Y add a few other components, like parks and et cetera that are alread in another Ian . Y p , but it would be nice to consolidate them. My concern is the use of future ac uisitions . q map and the confusion that might bring to somebody who is familiar with state statute also uses that term and comes with it a whole bunch of process and re uirements. So q , if you use the term make sure you state in the document that it is not referrin to that . g section of the state statute. Or is it your intent that that's what we are oin to be . ~ 9 9 doing. And if thats the intent, I think the Council needs to understand what that -- the position that puts them in. Hood: I'm sorry, Madam Mayor, Councilman Rountree, I should clarif , because we are Y -- the intent of this future acquisition map is to use that term. Future ac uisitions ma q p as outlined in Idaho Code 67-6517 and that's why we have scaled it back to this level. This is where we would potentially have to use the powers that are in that -- that state statute to acquire these properties, because they are critical. I mean that's the ke -- staff ~ Y has said we cant -- if we allow something else to develo ad'acent to the p 1 wastewater treatment plant, we can't expand. You can't just move that somewhere else. We have to have that property. I understand private propert ri hts and that is an Y9 issue and we can have -- we can talk about that more, but I should have made it clear and I apologize, that is the intent with this map, so -- De Weerd: I think we need to talk about that more, but not toda . Y Rountree: I agree. Hood: Thank you. I just wanted to let you know we heard your comments and we are working on it some more. So, I will be back with some others in the near future. So I will move on. So, just before the Planning and Zoning Commission meetin last month g on this same item, park -- the Parks Department requested some chan es. The . g Planning and Zoning Commission accepted those changes, pa es 14, 64 and 79. 9 , They were pretty minor changes. They weren't anything too substantial or it didn't change a lot of the content to the plan, but they do help clarify some of the thin s. Also . g Planning and Zoning Commissions motion included support for tannin to work with . p 9 language on -- or with legal on -- on some language that would allow both the current version of some documents, as well as the future amended version of documents to be Meridian City Council April 5, 2011 Page 29 of 63 approved. So, not every time -- say the pathways as amended, we have to do a Comp Plan amendment, too, because they change, we adopted the 2011 version now, so we have some of that language. I have included that. I met with Mr. Nary six weeks ago or so and on page 87 we have modified the first and second paragraphs under the heading alignment with other plans and resources. You should have all received a handout this evening from the clerk. I do apologize. You got the wrong recs it sounds like from the clerk, but it is an underlined and strike through version, so you can kind of see some of the text that we are proposing. I will highlight for you those documents, though -- because I think this is important. Those documents which we say we are going to adopt the future version, because who knows what those future versions will look like. And some of these may contain language that we don't necessarily agree with. I can let you know I'm prepared on some of them to monitor the language and amendments and keep you apprised of any changes and let you know what those changes are and if we don't like that language we can come back and do a Comp Plan amendment then that says we like the previous version and that's the one we want to support in the Comp Plan. So, the documents that we have listed as being part of the Comprehensive Plan, with the Existing Conditions Report, the design manual, the Ten Mile Specific Area Plan, the master street map, complete streets policy, and the livable street design guide that ACHD adopted as part of their TLIP process. The city's pathway master plan. The city's Parks and Recreation plan. Communities In Motion. And ACHD's Roadway to Bikeways master plan. So, those are the ones that we think are critically integrated with our Comprehensive Plan and we'd like to adopt both the current versions and future versions, so -- I'll note on page 38 that wasn't clearthat CIM, Communities In Motion, and the city's pathway plan are adopted herein. So, I'd ask for that change this evening as well, just to clarify that Communities In Motion, as requested by COMPASS .here over the past couple of months they have asked us to support and adopt CIM and we told them that we would. So, that is an amendment that I would like to make on page 38 as well. Except for the .comments that were on a slide or two ago, I haven't received any other comments since the application was noticed for the Council hearing tonight. I did want to take just another minute to thank all the city staff and other agencies and the Planning and Zoning Commission and yourself for attending some of those meeting and joint workshops .and commenting and reviewing and I hope you find this document to be more user friendly and an improved tool for the city as I do -- there is too many names, but a lot of help on this thing. So, I really do appreciate -- most of the planning department's staff is here tonight, but we had all departments and various agencies, so with that staff is requesting that you approve the changes I mentioned on page 38 and 87 regarding the plans that are adopted and the changes that the Planning and Zoning Commission recommended from the Parks Department and I will stand for any questions that you may have. De Weerd: Council questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council April 5, 2011 Page 30 of 63 Zaremba: First off, great work. I know it's been evolving and I appreciate the existence and the creation of the Existing Conditions Report and I think that that's a very neat thing. On the most recent subject that you were addressing of what other plans to adopt, do we want to consider Meridian Development Corp Destination Downtown that's going to be a lengthy and ongoing program for MDC. I wonder if we should include that. That's a question, not a statement. Hood: Madam Mayor and Councilman Zaremba, we talked about that. We -- we are going to actually take that document and build on it. It is referenced in the Comp Plan currently, but we didn't think it was at the level of some of the other documents that I read in being as critical to implementation of our Comprehensive Plan. So, I think what we will be working on this next year is to clarify some of those districts that are in destination downtown and that will give us a lot of the -- a little bit more of the -- the guiding principles that we need. So, it is -- don't get me wrong, it is important to our Comprehensive Plan and it is intertwined, but it's not to that same level we didn't feel, as, again, those other documents that we use on a regular basis throughout the city. Zaremba: Okay. Thank you. De Weerd: Mr. Rountree. Rountree: I have no questions for Caleb. I .just wanted to thank the planning staff and Caleb in particular for taking the lead on this. I think we have a superior tool at this point. It's concise. It's understandable. I think folks can pick it up and maybe with a little coaching can see what the intent is and it can be useful to them, as opposed to some of the massive and confusing documents we have produced in the past. So, great job. Appreciate the time and effort and I particularly appreciate Caleb for the time he's spent with me individually and maybe some of the abuse he might have taken. I don't know. But it was a fun process and appreciate that staff was --did it. It was quite an undertaking. De Weerd: Very thorough and appreciate the condensed form. So, we will invite public testimony at this time, if there is any members that would like to provide testimony on this document? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no further testimony, I move that we close the public hearing on Item 8-B forthe Comp Plan revamp. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-B. All those in favor say aye. All ayes. Motion carries. Meridian City Council April 5, 2011 Page 31 of 63 MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-B, the Comp Plan revamp by the City of Meridian, including the changes that have been suggested by Planning and Zoning and adding to page 30 the reference to adopting the Communities In Motion plan. Zaremba: Second. De Weerd: I .have a motion and a second. Any discussion? Hoaglun: Madam Mayor. Real quick thanks to the work that was done by Planning Department and the outreach they did and the comments and changes they garnered and it was really interesting to read. There was nights that I had trouble falling asleep, you just pick that up and start reading and it works every time. De Weerd: And it kept you awake; right? On the edge of your seat. Hoaglun: Yeah. But, no, as Councilman Rountree noted, it really is a much better document and appreciate the work that you went to accomplish that. De Weerd: Yeah. Kudos. 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. C. Public Hearing: ZOA 11-001 Unified Development Code (UDC) Text Amendment by City of Meridian Planning Department Request: Amend the Text of Certain Sections of the UDC to Include General Clarifications (Clean-Up Items; Standards for Pathway Lighting Along the Eagle Road Corridor; and Allowance for a Council Waiver of Certain Stormwater Integration Standards De Weerd: Item -- yeah. I expected Caleb to be doing a little jig in the back. Item 8-C is a public hearing on ZOA 11-001. I will open this public hearing with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The next item before you is a zoning ordinance amendment application. The Planning Department requests Meridian City Council April 5, 2011 Page 32 of 63 a royal to amend the text of certain sections of the Unified Development Code to pp include eneral clarifications and clean-up items. Standards for pathway lighting along g the Ea le Road corridor. Allowance -- excuse me. The change to the outdoor lighting g standards, which would exempt light fixtures with a maximum output of less than 1,800 lumens from outdoor lighting regulations. All of the proposed amendments are outlined in Section 7 of the staff report. The purpose of the proposed amendment is to make im lementation and use of the UDC more understandable and enforceable. This p a lication did go before the Commission. They did recommend approval. The pp .. Planning Department testified in favor of the application. There was no one testifying in 0 osition or commenting on the application, nor was there written testimony submitted pp on the application. There has been no written testimony since the Commission hearing. Outstanding issue for City Council. Staff recommends the changes proposed to UDC 11-3B-11, stormwater integration standard, be stricken. That is all staff has, unless the Council has questions. De Weerd: Council, any questions on this item? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is the pathway along the Eagle Road corridor all in privately owned right of way or property or is some of that in the highway property? Wafters: Madam Mayor, Councilman Rountree, Councilmen, it's both. Some of the -- in some areas it's in the right of way, some areas it's on private property within an easement. Rountree: The proposed standard in lumens and fixture type has been coordinated with the transportation department to see if there might be potential conflicts? Wafters: Yes. They have no objections forthis. Rountree: Okay. Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: This is for a pathway. Is this same requirement for our other pathways that that might be -- say Bud Porter, for example, orthis is completely different? Wafters: This is completely different. This is solely for the Eagle Road corridor. Meridian City Council April 5, 2011 Page 33 of 63 Hoaglun: Madam Mayor and Sonya, do we have a specific for those areas that need lights on the pathway, do we have standards or is that to be developed down the road or something that we -- if we need it, then, we will talk about it? Watters: Councilman Hoaglun, maybe I misunderstood your question, but this amendment does include standards for pathway lighting -- Hoaglun: Okay. Watters: --along the corridor. Hoaglun: Along -- Madam Mayor and Sonya, along the corridor only, not -- Watters: Yes. Hoaglun: -- not any other pathway. Watters: Oniy along the corridor. Hoaglun: Okay. Canning: Madam Mayor, maybe I can provide a little history on that. When we first developed the ordinance for development along state highways, the Eagle plan was in kind of a draft form and it included pedestrian lighting for those pathways. So, we folded that into our ordinance, but there weren't very many specifics. So, along the way we have developed a standard and when people say, you know, what light am I supposed to be installing, this is the standard we give them. We just thought it was appropriate to accurately codify it. Hoaglun: And, Madam Mayor, I might be ranging a little far afield, but when we talk about pathways, I think of parks pathways and that's why I wanted to be sure we weren't setting standards for several -- for the pathway system. This is just for Eagle Road and for those areas that are on the pathway that the Police Department is saying we got an issue, we need a light, those standards or what is required is something that parks, street light folks, maybe you work on for that particular area. So -- or do we -- we don't go in and do something like we do for Eagle Road. Canning: Correct. We usually rely on the Police Department to identify areas that they are concerned with and I believe Tim Curns in the Public Works is actually working on a standard for that. But that is not part of tonight's amendments. Hoaglun: Thanks, Madam Mayor. I appreciate it, Anna. Yeah, I had heard there was some work being done and I just wanted to be sure this wasn't part of that -- that somehow we were doing something for both in this or starting something, so thanks for the clarification. Meridian City Council April 5, 2011 Page 34 of 63 Watters: And just to add to that, you know, a lot of the reason for this amendment was so that there would be consistency in lighting levels, as well as appearance and, you know, the lighting standards along here. So, we wouldn't have a -- you know, difference in lighting levels everywhere and different light poles and a mismatch. Hoaglun: Good idea. Thank you. De Weerd: Anything other questions from Council? Bird: I have none. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: No further testimony, I move that we close the public hearing for Item 8-C. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-C, the Unified Development Code text amendment and further specify that the storm water integration standards be stricken. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-C with the noted change. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do you feel lighter, Anna? Meridian City Council April 5, 2011 Page 35 of 63 Canning: Yeah. I think I first talked to you about that Comp Plan amendment in --eight years ago. Item 9: Department Reports A. Mayor's Office: Mobile Business Advanced Processing Interface (API) De Weerd: Well, congratulations to you and your staff. Okay. Item 9-A is the Mayor's office to talk about the MBA API. Sherwood: Madam Mayor, Members of the Council, thank you for giving us this opportunity this evening. I think what I will start out with is, first of all, just telling what it is. The advanced programming interface API -- and, I'm sorry, on your sheet it says processing, but it's programming. Basically, in essence, what it is -- it's a mobile application for the smart phones. We wanted to talk to you a little bit about this before we moved too far down this path. What we are looking at is creating an application for the city that's accessible from your smart phone. However, the reason that it's called an API, because it has several interfaces. So, not only can you access it through your smart phone, you can also access it through the web. So, we were actually targeting all the demographics within the city. What I might also add to you is that because it's an API with this capability it doesn't have to necessarily be launched just off of our website, it can be launched off of the Chamber's website, the senior center website, we can actually put this application on some of our developer's websites, real estate agents' websites. So, this is why we have been kind of exploring this and in a world of mobile devices it's an opportunity for people on the go to be able to access our city information via on the go when they are away from their computers. One of the reasons that we started looking at this, the why behind it, was because on several occasions I know I have stood before you and said that we wanted to create a business directory and so we were looking at an opportunity of how we could create that business directory. But another reason that we looked at it is, well, is because we wanted to look at it as maybe that value added piece to any future business license. So, it's something for us to think about. What would it look like? Currently in its basic form to build something like this it would have the business data -- database and you could look for a company based off of their names or maybe what they do. You could scroll through, find that company, sort by type and, then, get information about that business, address, phone number, what the company does. And, then, if you're like me, I love this application -- is that it will pinpoint where you're -- where you're concurrently at, it creates like a GPS and, then, you -- it will actually show you from where you're located how to get to that business. In addition companies could offer discounts on it. They could offer coupons. That's something that we can build further down the line. There is a -- we can add a city guide, a community calendar of events. So, all of these things can be accessed. In addition, you can have a residence actually as they are driving down the street if they see a pot hole, maybe a light out, they could pull over -- pull over, because there is no texting when driving. Meridian City Council April 5, 2011 Page 36 of 63 De Weerd: Good catch, Brenda. Sherwood: Exactly. Pull over and report a problem. So, that way I think that more eople, as you're driving down the road and you see something, you might be more apt p to report something. So, thats what it would look like. This is your basic model. And the benefits, like I said before, first of all, one of the benefits is for marketing and doing a lot of new technologies. We would be the first city to launch it. Of course now it's on public record, but we would be the first city to launch an application like this. We would be able to maintain a database of all the businesses.. This is something that I, myself, a lot of the city departments have looked at, a lot of the consumers and the business as well. We are trying to find what's going to be that best application and create that database. Another thing -- it's relatively inexpensive and yet very effective. Actually, 280 million smart phone users are in the United States and 100 million are using mobile websites through their phones. It has the ability, of course, as I said, to market to consumers on the go and the possibilities are endless. We can continue -- we can start off with a basic platform, but continue to build on it. You can do anything from paying your water bill to paying a parking ticket on this application. So, all of these things can be built into it. So, anyway, we wanted to bring this up, let you know what we are working on and. see if you think that we are heading in that right direction, see if that could be a value added service to coincide with a future business license. So, that's where we are. at at this point. We are going to continue to look into this, but if you have any questions I can take those or I will continue to keep you updated as we find more information on it. De Weerd: Thank you, Brenda. Mr. Bird. Bird: Brenda, not being smart enough to have a smart phone, how much --what are we talking about cost wise? Sherwood: Cost wise? Actually, the basic platform, from what I talked to you about, it is less than a hundred hours of a developer's time. We actually have someone here in the city that would do it for about 50 dollars an hour. So, about 5,000 dollars. De Weerd: Questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is there a possibility of partnering possibly -- it sounds like this would be a good Chamber activity as well. So, is that dialogue -- Sherwood: Absolutely. We started that dialogue right away. Rountree: Okay. Meridian City Council April 5, 2011 Page 37 of 63 Sherwood: And they were very excited. They said to me let's do it before anyone else does it. And so one of the things that we looked at is how the Chamber could also use some of the marketing, like the coupons and the -- the daily deals as a way for them to also generate revenue for it. De Weerd: Mr. Hoaglun. Hoaglun: Madam Mayor, my comment was going to be, you know, what a great idea for -- you know, here we want -- looking at establishing business licensing and we are giving businesses value and hopefully a great value and this is the type of thing when you start this more things will evolve from it and ideas and possibilities that businesses can see and how to bring customers to their -- to their location and I think that's a -- that's a reat wa to approach it. So, I appreciate that. And I look forward to the day g Y there is a Meridian city app, you know, we can download. Sherwood: Thank you, Councilman Hoaglun. De Weerd: Well, I know certainly staff has been looking for some kind of a tool for various reasons, as Brenda had noted, and I think it's been clear from those sitting up in these seats that until we could give value to our business community that that was a dead issue. And this --this has been found and I appreciate IT, Luke and Brenda, Lilly, drilling down and trying to look at what the potential tool that it could provide to our businesses and to our citizens and we saw many -- many benefits and certainly something that can continue to be built on. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just add for the record that I have been nodding my head yes and in case that rattle doesn't come across in the record, I wanted to add my in favor. De Weerd: Appreciate that note for the record. Rountree: I wondered what that noise was. De Weerd: We didn't know if Dean was catching that noise or not. Any other comment? So, apparently, I take from Council the nod to continue to move forward into a report back as we have further details. Sherwood: Okay. Madam Mayor, Members of Council, thank you. B. Clerk's and Park's Department Joint Report: Temporary Uses in Parks Policy Discussion; Thousand Springs HOA Fee Waiver Request Meridian City Council April 5, 2011 Page 38 of 63 De Weerd: Oka .Thank you. Item 9-B is our clerks and Parks Department joint report Y on a discussion that I will turn it over to Steve. Siddowa : We are going to rock paper scissors for the beginning. I will start. Just Y . about a week ago the city received a call from Cindy Mendiola with the Thousand S rin s homeowners association to schedule an Easter egg hunt activity in Gordon p g . Harris Park and was notified of the shelter -- shelter reservation fee of 31.80 and the need to contact the clerk's office to initiate a TUP application for a public event in a park. Cindy, then, requested that all fees be waived based on the land donation by the developer of Thousand Springs Subdivision for Gordon Harris Park and since any fee waiver would have to be approved by Council, we suggested that if she wanted to have that considered, that she prepare a letter, which she did prepare one to the Mayor that's in your packets tonight foryour consideration. Their Easter egg hunt event is scheduled for Saturday, April 16th. With that as an introduction I intended to turn it over to Cindy. don't see anyone in the audience that looks like Cindy to me. I'm not sure if there is another representative of the HOA here tonight. Holman: Madam Mayor, Members of the Council, I was just talking to Steve and trying to substantiate with my staff that someone called her. I haven't been able to get that yet. I apologize, I was out of town last week. She submitted the letter, but I'm not positive that someone called her back and told her it was going to be on tonight's agenda. Do you know, Mr. Nary? Nary: Madam Mayor, Members of the Council, I don't know if -- if any contact has been made. I have some -- other additional information, but I don't have anything on that, so -- Siddoway: Yeah. We do have the information available on some of the questions raised in the letter regarding donations of property and acreage and things like that, if the Council would like that information. De Weerd: So, there is not a representative from Thousand Springs with us tonight? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, what you're wanting is just the waiver of the fee for this -- for April 6th -- 16th? Is that what you're asking for tonight? Siddoway: That's what she's requesting, yes, for. the -- the picnic shelter and their temporary use permit. Nary: Madam Mayor? Meridian City Council April 5, 2011 Page 39 of 63 De weerd: Mr. Nary. Nary: Members of the Council, just to refresh the Council's memory, if you recall when we originally had put the TUP ordinance into place we didn't -- we didn't charge anything for them and the concern the Council had was that as we move forward we made them 501(c)(3)s and we made it for school fundraising activities. And the concern the Council had was by limiting it to at least a 501(c} type of tax exempt organization or a school fundraising activity, that would, then, avoid every single club outfit in town asking for a waiver of the fees. There is two fees here that we are talking about. One is the maintenance fee for renting the shelter, which I think is 32 dollars, and the TUP fee, which I can't recall how much that is. Do you recall how much that is? Holman: Mr. Nary, I don't remember off the top of my head. I can look it upon our fee schedule. Nary: Yeah. And so the person I think is requesting waiver of both of those fees, the TUP, as well as the maintenance fee. And as Mr. Siddoway said, I mean she had addressed some other issues in her letter that we have other information that the Council would want further information to respond to some of that. Siddoway: Madam Mayor-- De weerd: Mr. Siddoway. Siddoway: -- Members of the Council, the closest other type of event like this that we have -- we do have an Easter egg hunt that's been put on annually for a number of years in Bear Creek Park by the Nazarene Church. As a nonprofit organization their TUP fees have been waived, but they pay the 31 -- the 32 dollars for the picnic shelter reservation. The homeowners association is not a nonprofit in the same way that the church is, but they have provided to Nancy something called an 1120(h) status as a nonprofit. So, I do submit that for your consideration as you consider -- as you decide how to address this. De weerd: Thank you, Steve. Questions from Council? Holman: Madam Mayor, that fee is 50 dollars. Siddoway: It's more than that, isn't it? A TUP? Holman: I'm looking at our fee schedule -- temporary use permit, which would be a temporary sales unit, 50 dollars. From the schedule I have got pulled up here. Hoaglun: Madam Mayor, while they are looking at that -- Holman: Oh. I apologize. One hundred fifty special event in a park. Meridian City Council April 5, 2011 Page 40 of 63 Hoaglun: Just to ask Mr. Nary or Mr. Siddoway, what was that 11 -- they submitted a what form? Siddoway: The a-mail I got from Nancy Radford says it's an 1120(h). Not familiar with that. Nary: Madam Mayor, Members of the Council, that's a form that's required by the Secretary of State to register your homeowners association with the Secretary of State. Siddoway: Okay. Nary: It doesn't establish them as a nonprofit or a not for profit, it's just the state filing requirement to have status as a HOA. Bird: As an HOA. Siddoway: That makes sense. De Weerd: And I guess just for a point of reference, we have 300 HOAs in the city -- various homeowners associations in the city. Hoaglun: I guess Madam Mayor and -- I don't know if it's Steve or Bill, but -- because this goes back before my time. Was -- was the seven acres donated by the developer or the homeowners? Were they part of that? What -- Nary: I can -- I have that, too. Siddoway: Go ahead, Bill. Nary: Madam Mayor, Members of the Council, the Finance Department gave us a breakdown and what is now the Gordon Harris -- as you know it wasn't originally that -- was donated in pieces. The original piece was donated by the developer of Thousand Springs, which was Far West, LLC. That was 2.859 acres -- was donated in 2000. Los Alametos Park developer also was Far West, LLC, donated 2.232 acres of the park. Back in '96 G.L. Voigt donated in regards to -- they donated four acres to the park -- of what's become the park in 1996 and, then, Keen Eye Partners donated 1.856 acres of the park, which was part of the Gramercy Subdivision when Gramercy came to the city. So, all of -- none of them had any retention rights of any sort in the donation by any of the developers of that. So, the total amount of park acreage there is 11.126 acres. As you all know, Gordon Harris did a lot of the ground work for that in conjunction with the Kiwanis Club and, then, all the green up and costs of all the other improvements were paid for by the impact fees and the city's general fund. Bird: Madam Mayor? Meridian City Council April 5, 2011 Page 41 of 63 DeWeerd: Mr. Bird. Bird: Yeah. It was Gordon Harris, not the Kiwanis Club. Well, I -- to add to that, I -- when most of those homes were built out there I don't believe we had a park impact fee. When Thousand Springs was being --did we have a park impact fee? I don't think so. Rountree: Yes. Madam Mayor, I believe it was in place, but we didn't have an open space requirement and my recollection is this was part of the original annexation and platting of this project and if you will recall there was also a well site donated by Marty Goldsmith, who was the developer, that's since been disposed of by the city, because we couldn't -- couldn't necessarily develop it, but it was all brought to the city through the developer and through donations on his part as part of his commitment to the city when he came to the city to ask for annexation and approval of the preliminary and final plat. Bird: I was thinking -- excuse me, Madam Mayor. DeWeerd: Mr. Bird. Bird: I was thinking that the impact -- I was thinking that the impact fees was just on the -- the part of Thousand -- that was down on the south towards Victory, because the other was, basically, approved and put in before I come on Council in '98 and our impact fee wasn't put in place until about '99 or 2000. Rountree: Not '99. Bird: I was on the deal, so a lot of that. Now, Steve, on the Nazarene we -- they pay the 32 dollars for the maintenance? Siddoway: For the shelter reservation, yes. Bird: They don't pay the 150? Siddoway: That's correct. Because they qualify as a nonprofit for the waiver of the two fees. Bird: Yeah. The only thing I look at it, too, is they don't pay taxes on their property. These people do pay taxes to us. I could go along with the same arrangement we got with the Nazarene Church myself. I could waive the 150. Nary: Madam Mayor, Members of the Council, the four acres was from Resolution Sub. That was the four acres that was donated in 2000 -- or, actually, originally in'96. Bird: '96 would -- yeah, that was the original donation. That was when Marty started -- FarWest started that first -- yeah. But we didn't have park impact fees. Meridian City Council April 5, 2011 Page 42 of 63 Nary: No. Siddoway: I do show the warranty deed for the portion that Thousand Springs developer donated and it was donated in April of 2000 by Marty Goldsmith. Nary: Madam Mayor, Members of the Council -- I don't mean to keep bouncing back and forth. The portion Council Member Rountree recalled was we did have the donated parcel that was along the Ridenbaugh Canal for a well site. It was not developable for us as a well site. We sold it at a public auction and I think we received -- if I recall from the documents today, we sold it at a public auction on November 14th, 2005, for 3,500 dollars. De Weerd: Mr. Nary, who maintained that? Did the city? Nary: That parcel? De Weerd: Uh-huh. Nary: Yes. Prior to the sale of it the city still maintained it. If you recall, it was adjacent to another property owner, but he actually parked on it, but we actually maintained it. I don't think it was even grass at the time, I think it was just gravel. Bird: I think you're right, Bill. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: In support of what Councilman Bird said, I believe, the fees for reservation -- reserving the shelters are a recovery mechanism for the expense that it takes to make sure ten groups don't show up at the same time and perhaps clean them up after they are done. So, I agree with charging that fee. The other fee I could see waiving if -- if this were a group that was bringing in booths and things where they were going to have people selling stuff, I think we should be charging that fee to review their plans. But for a community Easter egg hunt I could see waiving that portion of the fee. A third question, though -- the description that I'm hearing differs from what is described in the lady's letter and I don't know whether this is necessary or not, so this is a question. Would we want to respond to her letter and correct some of the differences in her assumption of their ownership of this piece of property? De Weerd: Mr. Zaremba, I think a letter is appropriate to respond to some of the statements in there and to just clear the record. I think that would be appropriate. Right now the city has National Night Out. HOAs have been paying the Tuse P -- the TUP fee for that, which I had just heard last week, since that is a city sponsored program I thought it was probably good that we no longer charge that fee to HOAs, since it is a city sponsored and it has definitely that public benefit to bring our public safety agencies Meridian City Council April 5, 2011 Page 43 of 63 and encoura a that dialogue. I think that the and our neighbors face to face g resident said, in waiving this and certainly the East egg overarching concern, as the p ' d S rin s is -- is an event -- if you could distinguish hunt for the residents of Thousan p g ' u would be willin to waive versus a blanket waiver for what would be something that yo g with the rocessin of these TUPs, I would ask for that a potential drain on staffs time p 9 ' fee to offset staff time and bear in mind that there is 300 kind of detail. You establish a . ' t we know of currently. So, again, I look at as you set this homeowners associations tha as a policy we try and be specific. ' or a uestion for Bill or Steve or Jaycee. Is this -- is this a Rountree. Madam May q ' rictl for the subdivision? Because there is reference to the public event or is this st y , , k. That's advertised as a public event and it s well attended by Nazarene at Bear Cree ount not 'ust in Bear Creek or within the Nazarene Church folks from across the c y, 1 communit . So, to me there is kind of a difference there as well. Y • m Ma or and Councilman Rountree, I believe the intent -- their intent Siddoway. Marla y ' residents of the subdivision. I don't think they are going to restrict it to is that is for the onl that if other friends or family wish to come they will be invited as property owners y, ~ , , i ' ublic in that sense that others wouldn t be turned away. But their intent s well. So, its p for the subdivision to be invited. dam Ma or. What I see in the letter on the second page, the association Hoaglun. Ma y ne event each ear where we invite our homeowners and their families to only has o Y ici ate in huntin Easter eggs, enjoy each other's company while partaking in some part p g ra e. So to me that -- that's, okay, this is just -- while it may include food and beve g , ' ended famil it's limited to that association and the event at Bear Creek friends and ext y, ' ck several ears and I'm a member of that church and have worked that was going ba y . man ears was to be a communitywide Easter egg hunt and advertised as event for y y and somethin since the city didn't have one of those, that we would take it upon such g do it on behalf of the community, so -- and based on the hundreds and ourselves to sand hundreds of kids we get, it's been pretty successful and it just keeps hundred ' er eve ear which is reat, so -- and they do have a 501(c} (3}, so that getting bigg -y Y 9 et the code so -- and happy to pay the maintenance fee to -- for the cleanup, even m , we cleaned it u I'm sure there is a few things we missed and a lot of trash to though p, be hauled out afterwards. erd: Council so I uess, a ain, this came to you because it's a policy discussion De We g g u know certain) we want the Easter egg hunt and the families to benefit from and, yo Y . his. But it became one of those policy questions that we needed to bang to your t attention and seek your counsel on. ntree: Madam Ma or, m comment is that we are making a black and white issue Rou Y Y ' f ra for staff no matter what we do, but at this point we attempted in the kind o g y . ' nce tot to et around all of these kinds of situations with the 501(3)(c} and the ordina ry g . of events and that sort of thing. I'm not saying one way or another on this request. scho -- ' this re uest has merit, then, it has merit for all 300 plus subdivisions in the If if q Meridian City Council April 5, 2011 Page 44 of 63 ' n need to modif our ordinance so it isn't a gray issue community and as such we, the , Y ' xt time it comes across their desk is this or is it not for staff to try to figure out the ne __ • e ordinance. So, I just pose that if we approve it, I something I can is waived by th to and understand that there were no reasons for them think we need to take the next s p • __ at said I'm a non rofit, I meet your ordinance, but there were some to that I saw th p rk or ' rt of the a licant or the requester that they owned the pa presumptions on the pa pp , • ich in fact wasn't the case. And thats unfortunate and, you they provided the park, wh , t I see no basis in that to make a decision to approve. If know, it s kind of hard to sell, bu ' ~ II let's a rove it. But if we do, then, we need to clarify the it s the right thing to do, we , pp ' nce so we don't have staff scratching their head every time one comes across ordina , • ke this to Council or not. In my mind whatever we do tonight we their desk, do you to • royal or denial. But let's come out of here still kind of black establish a precedent, app and white, instead of creating another shade of gray. Weerd: And that's certainly what we were hoping for. Mr. Bird. De ' need to seta olic that --and so that the staff Bird: I agree wholeheartedly. I think we p Y ' these kind of thin s before us every time they happen. But I also don t have to bring g ' ed to -- to look at a lot of -- I guess -- I didn't not realize that homeowner think we ne , ' n't 501 3 c s and I'm sure some of them are, if -- I dont know how associations were ()( ) they could be, but maybe they -- Nary: I don't know that they can. ' I don't know how a church is a 501(3)(c), but I guess Bird. Maybe some of them are they can be. Nary: Madam Mayor? 'wasn't ou wouldn't be able to deduct yourtithing from yourtaxes. De Weerd. If it y Bird: Yeah, you can. De Weerd: No, you can't. Bird: Yeah, you could. De Weerd: Mr. Nary. m Ma or Members of the Council one other thing that might -- might help Nary. Marla y , little bit that -- a ain, not to rehash our old discussion -- we did try to draw some you a g t a ' he Ma or stated in creatin that and using the 501(c)(3) was a -- was at las lines, as t y 9 in the tem ora use ordinance I'm reading, neighborhood events or block tool. But also p ry . ' all be ermitted in the residential districts without a temporary use permit. parties sh p h a citizens use ermit would be required. I don't -- that tells me -- that's not in Althoug p at's in their nei hborhood. So, in their neighborhood if they want to do the park, th g Meridian City Council April 5, 2011 Page 45 of 63 ' hborhoods -- and I don't know about Thousand something -- you know, many of the neig , , it own rivate -- rivate facilities in their park and we Springs, but many of them have the p p . ' -- So there is something that HOAs can do in their dont require when people HOAs ' ro ert without requiring the use of a permit. So, own neighborhood on their HOA p p y . in that -- in the same code to address it to just a degree. there is something that exists -- rstand that. But we did draw the line and parks I It s not that same thing and I uncle , ' ted 'ust t in to create some clarity to everybody as to think as the Mayors already sta , j ry g ' 's necessa to hold functions in the park versus on their own in what s allowed and what ry HOA property. Siddoway: Madam Mayor? De Weerd: Mr. Siddoway. ' or and Council, at the heart of one of the points is the question Siddoway. Madam May ' is a ublic event or not and that may be a critical distinction that we can of whether this p . . '' rmined that this is not a public event, because there is a specific weigh in on. If its Bete ' ~ '' ited to the subdivision, then, perhaps a TUP is not required and invitation list and its lim ' other lar er reservation in the park that still pays their fee for the they would be like any g __ servation but a TUP would not be required and is not required for an for the shelter re , ublic. You know, iven that their subdivision is invited, it's -- I guess event that's not p g ' ' n in m mind is should this be deemed a public event or a private event that s the questio y , , -- HOA. If it's a rivate event for the HOA, then, its just a shelter for the for the p ' lar a event and the would pay that and do it that way without having reservation fora g Y to seta recedent on waiting. But I just throw that out for discussion. p reciate that because, personally, I believe it's a private event and De Weerd. And I app , it would not fall underthe TUP. Rountree: I think that -- DeWeerd: And so that is a great way to clarify it. ' t solves art of the issue that we are talking about. Rountree. At leas p n: Madam Ma or, if I can interject a couple of questions. First, if we were to go Holma y , , ' tion how would the clerk's office be able to determine whether its a public or that direc ' vent. And second) ,how would we be able to determine if it was an event private e Y ' b a homeowners association and not one that's a member of a sanctioned y wners association who would like to have a big event in the park? Do you homeo . , rstand what I'm ettin at here? When these come into us, then, it's under-- its on uncle g g ' re out is it ublic or rivate? Is this sanctioned by the homeowners' president us to figu p p ' -resident or the secreta or who is part of this and it just falls on us and how or vice p rY would we go about doing that? Siddoway: Madam Mayor? Meridian City Council April 5, 2011 Page 46 of 63 De Weerd: Thanks. Yes, Steve. . ethin as the administrator Iwould -- I would Siddoway. To help maybe offer som g, , . • ' ' ' anctioned b an HOA specifically or not. It can be suggest that it doesnt matter if its s Y al distinction is there -- is the general public invited, an event offered by anyone. The re ' • r e hunt or is there a finite invitation list and if there is a as it is with the church s Easte gg -- I think that would be the distinction for me and finite invitation list that s limited to ' 's a ood one, but I could see that as a way to draw the would seek your counsel if that g line. Nary: But not to be the party's pooper, but -- De Weerd: But every party has one. concern Steve, thou h, that the clerk's office is Nary: -- it would seem to me that the g ' ~ oin to re ulate that? So, if they come into the clerk's office raising is how is anybody g g g ' to event for our homeowners association only and we just want to and say this is a priva ' for the da for free or just a maintenance fee and, then, they rent the entire park y, ise it and hundreds of people show up, the larger the event the more actually advert ice review arks review, all the different reviews that go into why necessary for the pol , p use ermit. Who re ulates if they actually advertise it and we have a temporary p g w u ? So I mean I understand your intent and I understand the hundred of people sho p , ' I that in the realit is going to be very difficult when we don't logic to it, but trying to app y Y . fter we have issued it to them to prevent it now. They told us it was have any way a bod on ' ut the ut an ad in their local flier and now it's on Facebook and every y private, b y p ht ' a e sees it and now 500 people show up to an event that we thoug their Facebook p g was about fifty. ' ~ ve -- Madam Ma or, Mr. Nary, we would only have the Siddoway. We would only ha Y ' ' that if it tried to become an annual event and we have had to address some ability to do . ' st where rou shave reserved shelters in the park and -- for a private of these in the pa g p d into somethin much larger, which we see, and we flag them for next year event, turne g w when -- if the contact us again that we -- we know to tell them, okay, we sa so that Y 'it's last ear ou re a TUP. But we may not catch it the week of if what happened y , y happening the first year. ' e were loin that, because that really opens us up to liability of Nary: I didn t know w g ' riciousness. That's -- that could be real problematic to even do it that arbitrary and cap wa now. If we are doing that now we should probably -- Y Siddoway: Well, we only know if they tell us. Na : Ri ht. What I'm saying is I don't think we should be doing that. ry g Siddoway: What? Meridian City Council April 5, 2011 Page 47 of 63 Doin what ou're saying is deciding next year it's -- Nary g Y De Weerd: Hello. Nary: Sorry. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Would you get control of this, please. Weerd: That's kind of what I thought I would just say remember me. De or I'm lad Bill brought that up and I'm glad to hear the Rountree. Madam May g ' t made because what's been going through my mind is how do comment that Steve jus , ' ' we -- if the don't tell us we don't know, so they can -- anybody we control it anyway if y . ' r a ark shelter reservation and get one. They don't necessarily have can come in ask fo p . , ' 'for. If -- if the know they are going have a crowd there and it s for to specify what thats Y ' omethin like that, the typically will ask for some tables and that a family reunion ors g Y ' u could et a re uest out of the blue and I doubt anybody checks on sort of thing, but yo g q ' '' -- ' e maintenance folks happened to be there that day that they find -- in fact, it s just if th ' somethin has rown beyond the proportions than they originally these issues where g g ' we are loin what we do so well, making .really simple things really thought. So, I think g ' h. Back to this to ic, I think that we look at our ordinance as it relates complicated. Yea p far as somebod having the ability to reserve a portion of the park or to the TUP, but as Y ' ' ink we need to have control of that for their own good, so when they a park facility, I th ' ver it is the are tanning and they show up they got a spot and in are planning whate Y p ' s a fee because we have to sign it, we have to respond if my mind that require , ' in that s ace when the people who have reserved show up and somebody is occupy g p of thin s. As far as the TUP goes, Ithink we -- we need to take a look at our those sorts g ' e this discussion even though it seems like a rather straight forward ordinance, becaus , ' is not and I think we better define for these folks what the intent of that and easy issue ' have an intent at all, and come forward in the ordinance with something we can i s, if we rce and that's an issue where we need the police department involved. enfo De Weerd: Or code enforcement. So I uess on this articular application I'm to the point that I would move Rountree. g p . -- we waive the TUP re uirement and continue the required park reservation that that q rvation of the shelter, rimarily to insure the folks that's it's going to be fee for the rese p there and cover our staff cost to do that. De Weerd: Okay. And that's your motion? Meridian City Council April 5, 2011 Page 48 of 63 Rountree: That would be my motion. Bird: I will second itfor-- erd: Oka . I have a motion and second. Discussion? De We y ouncilman Rountree, you're waiving the TUP requirement, Zaremba. Just to clarify, C not re uiring the TUP and waiving the fee. q Rountree: Waiving the TUP fee. De Weerd: TUP requirement. Rountree: Requirement. Zaremba: But they still have to go through the process. De Weerd: No. Rountree: No. I'm waiving the requirement. aremba: Your motion is that they don't have to go through the TUP process. Z Waivin the re uirement. Yeah. The requirement of going through the Rountree. g q process. m Ma or further clarification for the motion maker. But the Hoaglun. Marla y , maintenance fee of 32 dollars, is that still --they would be -- DeWeerd: The shelter fee paid. • helter reservation fee is -- is there to cover the city's cost and to protect Rountree. The s their reservation. Hoaglun: Okay. Rountree: Thank you. Nary: Madam Mayor? De Weerd: Mr. Nary. • m Ma or Members of the Council, (think --and if I misunderstood -- I think Nary. Marla y , , r. Siddowa was sa in was that he has the ability in the park code to, what M y Y g .. treat this as a -- as a rivate event and, then, you're not waiving anything essentially, p Meridian City Council April 5, 2011 Page 49 of 63 ' and that would be consistent with other type of until we can re-evaluate the ordinance activities. Did I understand that right; Steve? • ~ ~ rivate event -- it's not part of the parks code, it's the Siddoway. If this is deemed as a p TUP ordinance. This applies to public events. 't o ened the door to anybody that we are going to waive Nary. And, then, you haven p other events like -- I think the example you used, a large things, but it s treated like ' like that that we dont require a special event permit for family reunion or something , eve hing and, then, we haven't waived anything. Rountree: Oka .Thank you, Mr. Nary. I retract my motion. Y ' • Second a rees. I was so confused I don't know how I would vote. Bird. g ' ' n for staff because I'm sure they are confused as well, Rountree. And I think for directio , ' artment has the discretion to identify this as a private activity, is that the Parks Dep • a TUP but .that there still is a requirement to provide the shelter which does not require , reservation and maintenance fee. . I would su est, though, that staff does get together and have a De Weerd. Okay gg ' nstitutes that rivate event, so the parks director is not stumped discussion on what co p ' office mi ht be, 'ust to put some clarity behind it. With our city like the city clerks g J ' enforcement cit clerk's office, and Parks Department, and attorney, with our code Y artments to ether brin s the minds to the table and if we need to getting those four dep g g ' back to Council we will do so at a later date. Okay. And now that we bring something have spent that much time on anon-issue, we will move on. Zaremba: And Madam Mayor? De Weerd: Yes, Mr. Zaremba. Se aratel who would send a letter of response clarifying some of the -- Zaremba p Y De Weerd: Thank you. Zaremba: Would that be the legal department? erd: Which was m -- m next topic. Probably our--our legal department. De We Y Y Nary: Madam Mayor, maybe we could craft -- DeWeerd: And I would recommend that our parks director review it. Nary: Absolutely. I was going to suggest -- Meridian City Council April 5, 2011 Page 50 of 63 De Weerd: For normal language. Yes. ' su est Mr. Simison. We can help craft the first draft. Nary: I would going to gg Bird: Make sure you don't get anywrong words in there. in De artment: Cost Share and License Agreements C. Plann g p ' Ada Count Hi hway District (ACRD) for the Landscaping with y g and Maintenance Associated with the Ustick, Duane to Cam ton and the Franklin, Ten Mile to Linder Roadway p Projects r that wasn't him. It wasn't him. Okay. Moving on. We are De Weerd. Well, remembe , ' our Plannin De artment. I would turn this overto Caleb. at Item C with g p Ma or Members of the Council. I have got a presentation to Hood. Thank you, Madam y . ' ' le bit uicker than that last item hopefully. City staff has been give you, it should be a litt q . ' ~ rai Herndon is the roject managerforthe two projects that working with ACRD staff. C g p this evenin at ACRD and we have been working with their I m here to talk to you about g been workin with Mr. Steve Price over at ACRD and their ACRD staff. Mr. Nary has g ' n ua a and some cost sharing license agreements on two commission on some lag g ' e fair) familiar with these projects. I didn't bring any diagrams, projects. You should b y ' ick from Duane Drive to Campton, which is actually in Boise, so but the first one is Ust ost ed a of the cit on Ustick Road, Duane Drive, almost to its right on our eastern m g Y ' ro'ect -- the are doing the intersection at Cloverdale and Cloverdale and, in fact, that p ~ Y en Ten Mile -- or, excuse me, Franklin, Ten Mile to Linder. Ustick concurrently. And, th ' familiar with. So, both of those projects are planned for So, that project I know you re . • is a little bit further along in the Franklin, Ten Mile to Linder construction in 2012. ACRD tanned for construction here in the next fiscal year at project, but both of them are p ' ' ht of wa rocess -- acquisition process -- at least the ACRD. They are in the rig y p ' k ro'ect and these -- these -- the terms of these draft appraisal process for the Ustic p ~ the cit 's res onsible for reimbursing ACRD for the installation, agreements call out that y p ri between the curb and the sidewalk for sections of maintenance of the parkway st p ' ill in Ada Count and haven't yet annexed and, therefore, those properties that are st Y we re uire with city code. I discussed these -- these don t have the trees that q interim treatments with you all during the January 18th agreements and the preferred • ion about ravel or rock and you all landed on rotomill. meeting. We had a discuss g . 'commission the seemed pretty receptive to that and that is one Took that to ACRD s Y ' these cost share a reements as they rotomill and parks ~s of the terms that are in g ' st share a reements get signed to seek the funds to maintain prepared if these two co g ~ ~ h a ' hrou h the FY-12 budget process. We did hit a snag, thoug , and reimburse ACRD t g with some of the language that s in these cost share couple three weeks ago ' e cit adherence or concurrence to the ACRD cost share agreements regarding th y u h it's been some time, it was I think early 2009 or 2010 policy. You may recall, altho g hare olic was ado ted as such by the ACRD board of commissioners when the costs p Y p f the ' d that. I testified over at ACRD on the cost share and some o and we discusse Meridian City Council April 5, 2011 Page 51 of 63 concerns that the Council had with that policy. Mr. Nary attended the ACRD commission meeting on the 23rd, but was unsuccessful in convincing the district commissioners to remove that language that says we adhere to that policy. So, the ACRD approved drafts that are before you this evening do still contain that language stating that we will adhere to the cost share policy. I don't -- what -- to make this real quick, tonight what I would ask for is just a one week continuance. We did send a letter off -- the Mayor signed a letter and we sent it off Friday I think it was to ACHD asking them to reconsider that action. We had some language or some changes to those agreements that we would hope that the commission would consider, but they -- but they took action and didn't, so we have asked for some reconsideration. That is on their agenda for tomorrow at noon. I think Mr. Nary will be there. I did talk to Mr. Herndon during this meeting and it does sound like their process is similar to ours, their commission will consider the request for reconsideration and, then set -- if they do pick up that reconsideration they will, then, have a hearing a week or two later to, basically, start the process over. So, that's kind of where we are at. We won't really know until tomorrow if -- if the commission will even reconsider our request for reconsideration. So, hopefully, they will take it up. Time is of the essence, though. I will stress these are 2012 construction projects, they are moving right along and right of way is really that decision point where do the plans show a detached sidewalk and, therefore, they need about two or three more feet of right of way on either side or do they purchase the right of way for attached sidewalks. So, that's really what's of issue here. Staff thinks that -- at least planning staff thinks that's the most important thing is that detached sidewalks we think are important. Distinguishing characteristics for the city, not a lot of the other cities have the detached sidewalks and aren't willing to go to these agreements and pay for this interim condition where we can have those detached facilities that are a little bit nicer for the drivers, as well as the pedestrians. There is that whole policy versus ordinance thing and I don't know if Mr. Nary wants to get into that now with you all or not, but it's still my assumption that you all don't want to adhere to or at least don't want to give the perception that we agree with everything in cost share and, therefore, we are still trying to convince ACHD that these agreements can work without that language in there. They don't need it, we don't need it, but -- but that's where we are at. So, again, I would ask for a one week continuance. I would just also note I will not be here next Tuesday, so if you do continue it one week, I did talk to Mr. Nary and he's willing to do that follow up with you all, but we -- again, with time being the essence that we -- so that's my presentation tonight. If you don't have any problems and don't have any issues with that adherence to language in these agreements, you could sign them tonight, but staffs recommendation is to continue that for one week. De Weerd: Thank you. Any questions from Council? Bird: I have none, Mayor. Rountree: None. De Weerd: So, is it Council's desire to continue this discussion to next week? Meridian City Council April 5, 2011 Page 52 of 63 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we continue the discussion on the cost share and license agreements with ACRD until April 12th, 2011. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to continue this until next week. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Caleb. Hood: Thank you. D. Planning Department: Budget Amendment for Welcome Signs and Software for aNot-to-Exceed Amount of $6,668.00 De Weerd: I assume that you have this next item as well. Hood: I'm going to keep standing up here. De Weerd: Okay. Hood: Although I may ask for some help from Mr. Simison on this item, but the next item on your agenda is a budget amendment request from the Planning Department. It is actual) two amendments. I got my hand slapped a little bit by Stacy, but she allowed Y it to go through as we requested. We are proposing to remove some money from the professional services budget in two separate accounts. The first one would be a new line item under the Mayor's department for the welcome signs. Robert and I did a joint presentation last month on those welcome signs and we have some cost estimates on that and we have some consulting dollars in planning that we haven't earmarked yet for work this year, so we can move some of that money to purchase these signs and the hardware to put up those welcome signs, at least the metal --the metal welcome signs. I did get some information as was questioned -- I believe it was from Councilman Bird on the -- the cost differential. The signs we were looking at were 24 by 36. The question arose about 18 by 24. The -- the estimates that we got -- it's around 160 dollars a sign for the 24 by 36, including post and anchors and nuts and bolts and things. To go to an 18 by 24, same engineering grade sign, it's about 142 dollars. So, you save about fifteen dollars by going to the 18 by 24 as the 24 by 36, so -- Bird: Madam Mayor? Meridian City Council April 5, 2011 Page 53 of 63 De Weerd: Mr. Bird. Bird: Caleb, I think my question was will one post hold a 24-36. Hood: Yes. Bird: You don't have to double pole it. Hood: And, Madam Mayor, I did clarify --thank you, Councilman Bird. I did clarify with ACRD that they understood our request, too, to not run it vertical, but run it horizontal and they did say, yes, that is a maximum and they did understand it, that it -- Bird: 36 by 24. Hood : Right. Bird: Okay. Hood: So, I did clarify that with Kendall Kemmer at ACRD traffic and they said one post and so we are good there as well, so -- so, that's one side of this budget request is for those 26, 27, 28, where Robert and I actually did some site checks late last week and first thing this week. We have about -- like I said, about 27 signs that we would like to purchase with those. And, then, the second part of this request is for some computer software that we would move from the planning department's electronic budget. Brian McClure has a skill set that we haven't had in our department and there are some electronic tools out there, some software, that if we can get in his hands I think he can do some pretty amazing things. So, that's kind of the separate amendment, but it's all tied in in this one request. So, that's the basic outline and I will stand at this point for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Caleb, on your budget amendment form wouldn't -- is ours updated? Because we have no signatures from the Mayor, the liaison, the department director, or the chief financial director. Hood: Madam Mayor, Councilman Bird, I don't have that copy either, but I did get --get a copy to our liaison that's Councilman Rountree. Stacy has been -- I do not see. her signature, but she signed off electrically saying, yes, I'm good. She made some changes. I believe the clerk did as well. So, all of those lines should be filled in. I don't know where the original is at this point, but they should be filled in is my understanding. De Weerd: With the clerk. Meridian City Council April 5, 2011 Page 54 of 63 Rountree: Madam Mayor, I have signed that and I have delivered it to finance and at that oint Stacy signed it and made some minor modifications to it and scolded Caleb p and away it went. Bird: Okay. De Weerd: I have signed it, as has the clerk, so -- Bird: No problem. Just asking. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we approve the budget amendment request for the welcome signs and software not to exceed 6,668 dollars. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a second to approve the budget amendment request. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Bird? Bird: We are going with the 36-24? Yeah. 36-24? Hood: Yes. That's my understanding. Yes. Bird: Okay. E. Continued From March 22, 2011- Planning Department: Eagle Road Safety Improvements Request Letter to the Idaho Transportation Department (ITD) De Weerd: Okay. Item E. Hood: Okay. Thank you, Madam Mayor. I have got one more and I think at this point will ask Sergeant John Gonzales to come up. I think I will do most of the speaking, but Meridian City Council April 5, 2011 Page 55 of 63 this is, essential) , a joint request from police and planning and the Traffic Safety y .. . Commission at a meeting -- actually, last two meetings of the Meridian Traffic Safety Commission we discussed safety along Eagle Road. It was actually brought up as we were following upon our speed limit change request on Meridian Road and kind of what the status was of that request south of Overland, between Overland and Victory there, and I contacted Kevin Sublon at ITD. Sergeant Gonzales and myself met with Kevin on Februa 21st and kind of discussed some of the issues and our concerns with Eagle rY Road and speed limits and the driveways and some of the signs they recently put up and -- and had a good discussion with him. I subsequently drafted a letter with some help from Sergeant Gonzales that we vetted through that traffic safety commission at their next meeting and they asked that we present this -- a letter to you all for the Ma or's si nature to send on to ITD. I won't read the letter for you, but it, basically, Y g requests them to -- ITD to do a speed study in the peak -- peak hour to look at the speed limits there, basically, from the interstate up to -- how .far do we go? Do we go to 20-26? Okay. So, to look. at some of that. We did attach some crash data. I mean safet is the real reason for this request. And, then, we asked for some signs to be Y changed out. They think -- the police believe that some of the language -- the no left turn versus right-turn only may be some better-- better sign to turn over. I may -- I don't know if John has any -- Sergeant Gonzales has anything to add to that. Certainly a lot of that data and the request came from police, so I will yield to maybe if he has some things he'd like to add. Gonzales: Madam Mayor and Council, really just the problem is that we are trying to address here is 11 of our top 20 crash locations are located on Eagle Road from I-84 north to the city boundary at Bald Cyprus, which is north of Ustick Road. The traffic team of the police department has increased our enforcement activities in that area, but we also know that the enforcement is not the only approach to this and we need some engineering changes and hoping that your support would give us that opportunity with ITD. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I question the merit of a speed study during peak hours. You're going to get the response speed limits are set to the 85th percentile, meaning you're going to set the speeds at what 85 percent of the folks drive it and during peak hours they are not going 50, the are not going 45, they are not going 55, and I guess to that if you can correlate Y accidents in that time frame, which I suspect you have, but I'm not sure, but if you can, then -- then maybe there is some value in that, but I don't see setting the speed limit based -- happening based on the peak hour, if that's when the accidents occur. If the accidents are occurring throughout the day, then, maybe the median control is the first thing you do and expect a whole bunch of accidents after that goes in and then -- and, then, maybe it will have. an impact of some of the crazy movement that goes on out Meridian City Council April 5, 2011 Page 56 of 63 there. But I'm just -- do it, but I'm -- I would be curious as to what value it results in if -- if ITD will even do it. I mean they will do a speed study and they will do it throughout the day, but it's -- it's going to show you that the speeds are not terribly unsafe I would think. Gonzales: Our crashes in that area are typically rear-end crashes and a lot of that's inattention. Part of that is speed. In our investigations we really don't attribute speed in a lot cases to being the cause, because it's easier for the officer to rule it as inattention or following too closely and we really don't get the speed indicators that we would need to to be able to contribute speed as an issue. However, based on the number of crashes we work out on that roadway, I think part of our problem is the inconsistency of speed in a lot of vehicles in that some are going faster than others, because the. speed limit is so high, but traffic congestion does not allow traffic to go that fast. Rountree: Call it defensive driving. Hoaglun: Madam Mayor? De Weerd: I had another word in mind. Mr. Hoaglun. Hoaglun: I had a question for Sergeant Gonzales or Caleb. One of the things I found interesting looking up the number of accidents at these intersections, it occurred to me that those are -- I mean those are some of the highest volumes in the state, that Fairview Eagle. and Franklin and -- but it didn't tell me, then, really what is that compared to other intersections that have lesser volume. I thought, you know, if you break it down per thousand how many accidents per thousand vehicles, you could statistically be at .7 per thousand and another intersection that, you know, has three times less the volume you could be at one per thousand, which, actually, makes it higher statistically an accident occurring than those ones. We have a lot of accidents because there is a high volume, but just that number saying there were 38 accidents in -- at this intersection in this month or this year, compared to -- if you break it down otherwise that would have given me a little more information to say, yeah, that's --that's a very dangerous intersection in comparison. Now, I don't dispute the need to look at the safety measures, I mean because of the high volume in and of itself. There is some things that we have to do that -- that make it -- make it a safer -- safer roadway. So, you're on the right track that way. And I did have one other question and that was when they talk about candles, I want to be sure on those. Left turn -- I'm sorry, right turn only, right-in, right-out functions, and I think we talked about putting candles out a little farther like I saw the other day a vehicle going in heading north turning left into the Peterson Sports, Jimmy Johns, into the right-turn only deal, doing that little with a U, they were a 2C license plate, okay, you give them -- give them some slack, but are those -- that's where you would put the candles to extend that out a bit? I wasn't sure where those candles were going to go, sergeant. Gonzales: These candles are -- are designed to go in the middle of turn lane, so that you could only turn left and you couldn't drive across the intersection. One of the things I think is important here is that a number of traffic patterns within the roadway be limited Meridian City Council April 5, 2011 Page 57 of 63 to avoid crashes and by doing that I think when we get raised medians in that will help reduce some crashes. So, as a temporary low cost fix these candles could be installed in the turn lanes to where vehicles inside of the turn lanes still could access the businesses by turning left, but they wouldn't be able to go across -- across Eagle Road all the seven lanes of traffic plus the turn lane, which is dangerous Hoaglun: Okay. That was my question. Where were those planned to be placed. Gonzales: And my understanding they are two and a half to three feet tall. They can take about a thousand hits by a car before they need to be replaced. So, something that we will see a few replacements I'm sure, but something that should be durable. Hoaglun: Thank you. Hood: Madam Mayor, just to maybe follow up on the first part of Councilman Hoaglun's request. I don't know what Sergeant Gonzales has accessible in cars. I don't have access to the web cars or the reporting of crashes. I know ACHD does track -- I think it's per million vehicles, not thousand, but they do have ratios that I can show you. This is a state facility, so I don't know if they -- if that's counted that way or not. But even the volumes that the percentage of crashes is still very high on Eagle Road compared to other roadways that are lesser volume, but per million vehicles entering they still -- your table is going to look real similar with the top 20 -- most of these would still be in your top 20. Certainly the Eagle Road -- Eagle Road volumes there is not going to be anything higher in the city. Some of the cross-streets, though, are pretty minor. The Florences, the Ventures, there are not a lot of cars going through there. When you have an accident there it's -- it's a very high ratio those cross-street people that are using those cross-streets that are involved in accidents. So, just to follow up on that. And I do think that the design -- we aren't trying to design this for ITD, but I think some of the design may be similar or there may be warrants to allow a left in in some of these places. They can do some cool things with channelization of those, where it just doesn't allow people to turn left out of a property. That really seems to be where -- where if we can get -- get right-in, right-outs and maybe some left-ins to some of these places with design -- you won't see --the length of those has to be extended enough they don't get people going the wrong way and turning in, but -- but these are intersections, we'd just really like them to look at that a little bit more and Iwill -- I may mention as well, just for Councilman Bird's edification. He made a comment about the -- the turn lane at St. Luke's not being long enough and we requested that in this as well. Heard some concerns about that in the a.m. peak stacking up and not being deep enough, because -- of that. So, that is in this letter as well, Councilman. That came up as well, so I forgot to highlight that earlier. De Weerd: Anything furtherfrom Council? Rountree: Madam Mayor. Caleb, does the letter reflect that it's still our desire to see them move fonNard with their median project? And I was told not too long ago that they, in fact, were moving forward with that. Now, that can kind of go up and down, but these Meridian City Council April 5, 2011 Page 58 of 63 are 'ust temporary measures that we are asking for, but we still support and encourage J them to get that done. Hood: Madam Ma or, Councilman Rountree, I hope they don't take a thousand hits. I Y really hoped that -- Rountree: Yeah. Hood: -- b the time they get put in a median follows shortly thereafter, because the Y avement rehab stuff -- and we would actually asked them, so, yeah, to answer your p uestion it's the fourth bullet I believe on here that this says we are under the q .~ understanding that from Fairview up through Eagle that pavement rehab project -- its current) in '13. I don't know if I should say this or not, but Kevin said it may be in '12 Y the are looking at advancing that. So, we are trying to support that little interjection Y . here that we support that pavement rehab and center medians in Eagle Road and as an interim measure we'd like to see those candles, so -- Rountree: Great. Hood: And retrofitting, by the way, as well in that one mile that they just did, with medians. Not just the candles, but with medians, so -- Rountree: Press on. De Weerd: So, do I have a motion for -- to authorize me to sign? Bird: So moved. Rountree: Second. De Weerd: I have a motion and a second to approve the signature on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Police Department: Budget Amendment for the Department of Juvenile Corrections (DJC) I Enforcing Underage Drinking Laws (EUDL~ Grand Award for aNot-to-Exceed Amount of $7,420.00 De Weerd: Okay. Item 9-F is our police department budget amendment and I will turn this overto Lieutenant Overton. Overton: Good evening, Madam Mayor, Members of Council. In the interest of being quick, this first one, number F, although it does say it's a grand award, while we agree Meridian City Council April 5, 2011 Page 59 of 63 with that language, it's also a grant award and, to be quite blunt, it's 7,420 dollars used in the following manner: It's going to be paying for officer overtime, payments to uncover youth for six different dates. It's going through February 2012 for shoulder tap, compliance check operations, party patrols, bar checks and delivery sting operations we are going to be doing throughout the city in our different institutions as part of our underage drinking enforcement. And I will stand for any questions. De Weerd: Well, we just appreciate these EUDL grants and that we have the ability to put them to use. Council, any questions on this? Rountree: I have none. Bird: My second to -- to that, Mayor. De Weerd: Do I have a motion? Hoaglun: It sounds like, Madam Mayor, it would be a good ride along time. Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the budget amendment of the Department of Juvenile Corrections enforcing underage drinking laws grant award for not to exceed amount of 7,420 dollars. Bird: Second. Rountree: Second. De Weerd: I have a motion and a second to approve this budget amendment request. Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, .yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Police Department: Budget Amendment for Drug Free Communities (DFC) PY2009 Carryforward Balance in the Amount of $20,923.00 De Weerd: Item 9-G is also a police department budget amendment. I will ask Lieutenant Overton to present this. Meridian City Council April 5, 2011 Page 60 of 63 Overton: I happen to be ready to do the next one. The next one is also our grant carryover. This is from our Drug Free Communities grant FY2009. Under the grant we had substantial savings due to an increase in in-kind donations. Also we had to hold money back each year due to federal requirements for a potential training class that they haven't held each of the two years. So, with those funds we are using them for increased median marketing for the MADC dealing with ads at the Majestic Theater for the print screens that go before movies. E-news letters. Radio and television public safety announcements. Utility bill inserts. We are also looking at sending additional coalition members to the Northwest Alcohol Conference and getting two of our local high schools in to receive the impact coaching program that Rocky Mountain High School got to go through this last year. So, with that I will stand for any questions. De Weerd: Thank you. Bird: I have none. Hoaglun: Madam Mayor, I move approval of the budget other amendment for Drug Free Communities 2009 carry forward balance in the amount of 20,920 -- 20,923 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve the budget amendment in front of you on Item 9-G. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. Ordinance No. 11-1478: An Ordinance of the Mayor and the City Council of the City of Meridian for Annexation of a Parcel of Land Located in a Portion of Lot 3 of J. E. Pfost's Subdivision, Recorded in Book 4 of Plats at Page 157, Records of Ada County, and a Portion of the North Meridian Road Right-of-Way; Said Parcel Situated in Known as the Borup Property and is Located in the Southwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho (AZ 10-003) De Weerd: Item 10-A is proposed ordinance number 11-1478. I will ask for our Madam Clerk to, please, read this by title only. Meridian City Council April 5, 2011 Page 61 of 63 Holman: Thank you, Madam Mayor. City Meridian ordinance number 11-1478, an ordinance AZ 10-003, Borup property, for annexation of a parcel of land located in a portion of Lot 3 of J.E. Pfost's Subdivision, recorded in Book 4 of Plats at page 157, records of Ada County, and a portion of the north Meridian right of way, said parcel situated in the southwest quarter of Section 8, Township 3 North, Range 1 East, 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 in Ada County, to C-G, General Retail and Service Commercial 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: Thank you. You have heard that ordinance read by title only. Is there anyone who would like it read in its entirety? Seeing none -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 11-1478 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-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. De Weerd: Item 10-B was considered earlier this evening and will be the second reading on April 19th, in addition to public testimony at that time. Item 11: Future Meeting Topics De Weerd: So, we move to Item 11. Any items forfuture meetings? Holman: None from the clerk's office. De Weerd: Okay. Nary: No, ma'am. Meridian City Council April 5, 2011 Page 62 of 63 .Thank ou. We are atthe end of our agenda -- DeWeerd . Okay y . nce discussion on TUPs, but other than that -- Rountree. We have a future ordina workshop items. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. ' hedulin a 'oint meeting with ACHD commission at Zaremba. Are we working on sc g 1 anytime? ' HD director and said that we would greatly appreciate De Weerd. I talked with AC . ' ' tin s with the commission and he will bring that back reinstatement as of our jointly mee g and we will work on setting a date. Zaremba: Thank you. We are at the end of our agenda. Do I have a motion to De Weerd. Thank you. Okay adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) $.. MAYOR T MY De WEERD ATTEST: JA Z~~D. ~ ~~~~ ~, ` ~n =.: ~. Changes to Agenda; None APR ~ ~ ~~~ Item #8.A; Meridian Town Center (MDA•11.001) . CITY OFC~~ ,,~ Application(s); C1TY CLERKS OFF1C~ - Development Amendment Modification for the CenterCal property at Meridian Town Center Size of property, existing zoning, and location; The subject property consists of approximately 90 acres, is currently zoned C-G, and is located on the northeast corner of N. Eagle Road & E. Fairview Avenue. Background; At the time of annexation in 2008 when the original concept plan was approved, CenterCal did not own the northern portion of the site. Since that time, they have acquired the property. Summary of Request: The applicant proposes a new conceptual development plan that includes amixed-use lifestyle center, a retail center, and a residential area. The new concept plan depicts retail -between 532,986 and 974,000 s.f.; office -between 43,500 and 136,000 s.f.; and residential -between 140 and of 175 units. The applicant proposes changes to the text of the agreement as follows:1) minor edits to reflect timing of amended DA; 2) updated references to new design standards, except where specifically noted; parking standards from the original DA will still be applicable; 3) minor edit to clarify that additional residential housing does not require modification of the DA; and edits to reflect phasing of the development. Staff Recommendation: Approval Written Testimony; Deborah Nelson, applicant (response to staff report) Outstanding Issue(s) for City Council; The applicant requests Section 7 of the DA be modified to read, ""COMPLIANCE PERIOD: This Agreement must be fully executed within two (2) years after the date of the Findings for the Development Agreement Modification application or it is null and void; in such event, the Original Development Agreement shall control." Staff is in agreement with the proposed modification. Staff Recommendation: Approval Notes: Item #8.B: Comprehensive Plan Revamp (CPAT-11.001) Application(s): ➢ Comprehensive Plan Text Amendment Size of property, existing zoning, and location: City wide. Summary of Request: The City of Meridian Planning Department has submitted an application for a Comprehensive Plan Text Amendment (CPAT) that proposes to revamp the 2002 version of the Comprehensive Plan. Items addressed with the subject application include the following: • Adoption of the 2010 Existing Conditions Report as an addendum to the Plan. The Existing Conditions Report represents aspects of "where we have been" as a community. The revamped Comprehensive Plan is meant to focus on the future, shortening the original document and allowing it to focus on "where we are going". Updates to the text of the Plan and changes and additions to the goals, objectives and action items contained in the Plan. The Planning Department was responsible for soliciting comments from the community, other City Departments and the outside agencies. Every Goal, Objective, and Action Item from the current Comprehensive Plan was re- evaluated and if needed, updated, expanded upon, or removed if accomplished or no longer relevant. Additionally, changes in the economy and society have shifted the importance of some topics and created a need for entirely new policies in others. • A complete reformat of the Plan. The new layout is divided into several chapters each with an introduction and short description of how the City would like to improve upon the associated topic. The associated Goals, Objectives, and Action Items are at the end of each chapter. The Chapters are generally organized by topics required to be covered under Idaho State Code, for municipal Comprehensive Plans. Following the end of the document, several appendixes help to clarify terminology, provide additional information, and include supportive maps. • New Mixed-use Exhibits. In 2010, some of the mixed use designations text contained in the Plan was updated along with the mixed-use exhibits. At the time, the exhibits were meant as place holders until better exhibits could be generated. Now, new figures for the various Mixed Use designations have been finished, and are included within the subject application (Chapter 3). Staff believes that these images offer far greater clarity of intent than previous material. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: City of Meridian Planning Department ii. In opposition: None iii. Commenting: None iv. Written testimony: City of Meridian Parks Department Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. The Commission included the addition of the Parks Department's comments to be incorporated into the Comprehensive Plan. ii. The Commission recommended Planning Staff work with Legal Staff to allow for future amendments to documents approved as addenda to the Comp Plan (e.g. Existing Conditions report, Design Manual, CIM, etc.) to be approved without amending the Plan. New language is proposed on 87 of the draft Comprehensive Plan. The updated page is attached as Exhibit B in the staff report. Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: None Notes: Item #8.C:Unified Development Code Text Amendment (ZOA•11.001) Application(s): - Zoning ordinance amendment Summary of Request: The Planning Department requests approval to amend the text of certain sections of the UDC to include general clarificationslclean-up items; standards for pathway lighting along the Eagle Road corridor; allowance; and a change to the outdoor lighting standards which would exempt light fixtures with a maximum output of less than 1,800 lumens from the outdoor lighting. regulations. All of the proposed amendments are outlined. in Section UII of the staff report. Purpose: The purpose of the proposed amendments is to make implementation and use of the UDC more understandable and enforceable. Commission Recommendation: Approval Summary of Commission Public Hearing: v. In favor: Planning Dept. vi. In opposition: None vii. Commenting; None viii. Written testimony: None Key Issue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation: None Written Testimony since Commission Hearing: None Outstanding Issue for City Council: Staff recommends the changes proposed to UDC 11-3B-11, stormwater integration standards be stricken. Notes: Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of March 22, 2011 City Council Special Meeting MEETING NOTES ~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT T4 AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: I^ ~~I~~~ 1~1 • ~~~~ I A~ ~~ Approve. Minutes of March 22, 2011 City Council Regular Meeting MEETING NOTES i-~~) CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting D~#TE: A ril 5, 211 ITEM NUMBER: ~~ PRUJECT NUMBER: ITEM TITLE: Resolution No. :Resolution of the Mayor and City Council of the City of Meridian Rescinding a Portion of Resolution No. 09-653 Regarding the April 20, 2011 Increase to Water and Sewer Rates Within the City of Meridian. MEETING NOTES ~~-~ I CLERKS OFFICE F1NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~~ ~ CITY OF MERIDIAN RESOLUTION N0. I BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION RESCINDING A PORTION OF THE MERIDIAN CITY COUNCIL'S APPROVAL OF A MULTI-YEAR IMPLEMENTATION OF WATER AND SEWER RATE ADJUSTMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Council passed Resolution No. 09-653 on March 3, 2009 ratifying the Council's approval of a multi-year implementation of Meridian Water and Sewer Rate Adjustments; and WHEREAS, Resolution No. 09-653 provided for multi-year increases of water and rates in the City of Meridian beginning April 20, 2009, then again April 20, 2010 and then again by the same amount on April 20, 2011; and WHEREAS, after discussion on March 8, 2011 regarding water and sewer increases the Meridian City Council finds it is not necessary to increase water and sewer rates on April 20, 2011. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Public Works Multi-Year Implementation of Water and Sewer Rate Adjustments are hereby rescinded as to the April 20, 2011 increase. Section 2. That the Director of Public Works is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately on the 20th day of April, 201 1. ADOPTED by the City Council of Meridian, Idaho day of ~ , 201 1. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2011. APPROVED: ,,,~.,..,, r \,e ~,~ ~,} ~~~~~ ~'~ MY de WEERD ,, .~ ATTEST: ~~~, ~ `~ J ,y r ~ r ~.. o ... ... r ' i 1 4 JAYCE . HOLMAN CITY CIS ~' '`~ q , ~,~ .~ rr~'~ ~~~, RESOLUTION RESCINDING A PORTION OF ~ ~-b `-~'HE PUBLIC WORKS MULTI-YEAR ~~~ IMPLEMENTATION OF WATER AND SEWER R~'rE~AI~J1~~T~~NTS -Page 1 of 1 Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 5E PRQJECT NUMBER: ITEM TITLE: Development Agreement for Approval: MDA 1Q-Ol l Silver yaks Apartments b Silver Y Oaks Apartments, LLC located Approximately 1 /4 Mile West of Ten Mile Road, North of W, Franklin Road Request: Modification to the Development Agreement to Reflect a New Development Plan and Increase in the Number of Residential Units Within the Development MEETING NOTES ~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS f / ~ tQ ~ ~4-~.~- record ~ ~ ~ ~ ~ d~-~a ~~~ ~ ~ 5~~~~ £~'~-~»,i~ e°P ~ sec, 1 ,~ ADA COUNTY RECOAQER Chritbpher D. Rich AMOUNT ,00 1 BOI8E IDAHO 04/06111 03:01 PM REC RDED `REQUE~ OF III II IIIII III III IIIIIIIIIIIIIIIIII III Cily of Meridian 111028916 ~~. ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1, City of Meridian 2. Ten Mile Development, LLC, Owner 3. Silver Oaks Apartments, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_,~ day of Aor, t , 2011, by and between City of Meridian, a munici al p corporation of the State of Idaho, hereafter called CITY, and Ten Mile Development, LLC, 1409 N. Main Street, Meridian, ID 83646, hereinafter called OWNER and Silver Oaks Apartments, LLC, 1409 N, Main Street, Meridian Idaho 83642, hereinafter called DEVELOPER. RECITALS A. CITY and OWNER and/or DEVELOPER entered into that certain Development Agreement that was approved on December 19, 2005 and recorded on January 6, 2006 (Instrument# 106002636). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNERIDEVELOPERshall bebound bythe terms of the Development Agreement, except as specifically amended as follows: Section b. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The western half of N. Umbria Hills Avenue lying on the subject property .~ shall be constructed in accord with ACRD standards with the first phase of development prior to issuance of any Certificates of Occupancy. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-011 SILVER OAKS APARTMENTS) Page 1 of 6 ~ 2. Development of the residential ortion of this roe shall be consistent p p p ~Y with the site plan, landscape plan/phasing plan, and building elevations shown in Exhibit A (Staff Report approved by Meridian Council on February 1, 2011). The maximum number of dwelling units shall be 369 as proposed with a gross density of 14.99 dwelling units per acre, consistent with the Comprehensive Plan future land use map designation of medium high density residential for this property. 3. Amenities such as the courts, playground, picnic area, spa/pool, clubhouse, and fitness center shall be constructed with the first phase of development as shown on the landscape plan/phasing plan. 4. All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development feature in accord with UDC 11-4-3-27G. 5. The space between the building facades and the adjacent sidewalk shall be landscaped with a combination of lawn, groundcover, shrubs, and appropriate trees in accord with the Ten Mile Interchange Specific Area Plan (page 3-38). 6. The landscape plan submitted with the Certificate of Zoning Compliance application shall comply with landscaping requirements for multi-family developments listed in UDC 11-4-3-27F and general landscaping standards ,~ listed in UDC 11-3 B. 7. Future development of this site shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 8. The applicant shall construct a stub street to the Kennedy Lateral and maintain the existing road trust with ACHD for half the cost of construction of a bridge over the Kennedy Lateral. The stub street and future bridge shall be constructed to ACHD standards for a collector street in accord with the Ten Mile Interchange Specific Area Plan. A sign shall be installed at the terminus of W. Perugia Street informing the public the street will be extended to the west in the future as a collector street. 9. In accord with UDC 11-3A-6A, the City Council waived the requirement for the Uwner and/or Developer to the the Kennedy Lateral with the f nal plat for Umbria Subdivision (FP-06-011). Section 17. NOTICES: Any notice desired by the partiesand/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: ~. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-011 SnvER OAKS APARTMENTS) Page 2 of 6 CITY: City Clerk City of Meridian 33 E. Broadway Ave. DEVELOPER: Silver Oaks Apartments, LLC 1409 N. Main Street Meridian, ID 83642 OWNER: Ten Mile Development, LLC 1409 N. Main Street Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 ~~ 2. That Ownerand/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner and/or Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner and/or 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 and/or Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Ownerand/or Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner and/or Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions orunder-standing, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-011 SILVER OAKS APARTMENTS) Page 3 of 6 to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreement shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNE . Ten e elopme t, LLC By• DEVEL ER: Silver aks Apartments, LLC CITY OF MERIDIAN ,, ,,~~`',~~ a ' ,~ e Weerd ATTEST: ~ G~- ~Po+Rq ti ''~, ~' ; ~,~ Fa , . _ . - SEAL Jaycee .Holman, City Clerk .~ ~ ~, ~ , ADDENDUM TO DEVELOPMENT AGREEII~V ~~,i(1.S, ~ ` APARTMENTS) Page 4 of 6 ,,~~~ QUN~Y , ~ `~~,. ~~~-rir-ii ~t111~!r~\` STATE OF IDAHO, ) ): ss County of Ada, ) On this ____ ay of , 201 1, efore me, the undersi ed a Not Pub ' ~ ~ lic in and for said State, personally appeared . , known or identified to me to be the o en Mile Deve o ment LLC ---.-_ p > and acknowledged to me that he executed the same on behalf of said co oration. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m Y official seal the day and year in this certificate first above written. ',,~t~tillftffl~~~~~ ••' ~• B a ~ '~, • .~' ~ q o r ~ ~ ~ w .2~ ;, • ~~~ • ~~ .~, ,~ U ~ ~, .. •. •4 ~~, ~, ~A eeeeosee~~; ~~' ,: R ~/~~Illlltltti~t~ STATE OF IDAHO, County of Ada, ): ss otary Public for Idaho Residing at: '' My Commission xpires: Q~ ~ ~ 3 On thi y of Ol 1 efore me, the dersigned, aNotary Public in and for said State, personally appeared , known or identified to me to be the ilver Oaks Apartments, LLC, and acknowledged to me that he executed the sar a on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,ttttitflll~l~ 0 • A .ee ~/ ~ '~~ o ti ~ Q '~ A = Notary Public for Idaho ~ ~ ~o ~ ; y Residing e • ~ s o ~'~. B ~ .~ ~ :~ M Commission Ex Tres: v ,,~ 9r ... ®@~,, ~~~11111111~~ ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-0 l 1 SILVER OAKS APARTMENTS) Page 5 of 6 STATE OF IDAHO ) ss County of Ada ) r,,"`. On this day of ~ 1 2011 before me a Not > ~ Public, personally appeared Tammy de Weerd and Jaycee L. Holman know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such Cit executed the same. Y IN WITNESS WHEREOF, I have hereunto set my hand and affixed m Y official seal the day and year in this certificate first above written. (SEA, ,' n ~ ~~ .~-~ ~ • ~ ` ' • ' ~• .~ • ~ f ~ ~ ~ ~ i ~~`, ~G,,'o~ ~.•~i •~.~~ •~ • •.~9 rE ~~ ~~• ~~~r~• N ` ry Public fo daho Residing at: ~ ,~, ~ ~ ~~ ~ ~ Commission expires: `~ ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-011 SILVER OAKS APARTMENTS) Page 6 of 6 Meridian City Council Meeting DATE: April 5 2011 ITEM NUMBER• 5F PRCIJECT NUMBER: ITEM TITLE: Approval of Award of Bid to WesTech Inc. for Secondary Clarifier Retrofit Equipment and Authorize the Purchasing Manager to Issue and Sign a Purchase Order/Contract in the Amount of $199,425.00 MEETING NOTES ~~2~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ '~-- `- L-c~ 4~S ci ~v~ c~ Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Agent CC: Clint Dolsby Date: 3/30111 Re: April 5 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 7 City Council Consent Agenda for Council's consideration. Approval of Award of Bid for "Secondary Clarifier Retrofit Equipment" and authorize the Purchasing Manager to issue and sign a Purchase OrderlContractin the amount of $199,425.00. This award is the result of Formal IFB #PW-11-101928 issued March 10t"and opened March 25~'. Three bids were received. Recommended Council Action: Approval of Award of Bid and Authorize the Purchasing Manager to issue and sign a Purchase OrderlContractforthe Not- To-Exceed amount of the Low Bid Award of $199,425.00. Thank you for your consideration. • Page 1 /~ M .. N N N I V Q .. W ~ _ H W Q O W ~ J F- W z 0 ~, Q Q . Q M W m ~' Z W a (~J wnpuapp~ W ~, wnpuapp~ 0 ~: :~v ~' W spuo~ <: ~ ~ a a, W pau6i~ Q J ~ U ~ ~ O Q ~ D ~ Z 0 ~' ~ ~ a W .. ~ ~ Io"~ W m ~ ~ ~ Q ~ Z Z 0 ~ ~ Z m m > 0 0 N ~ rn ~- N ~ o N ~~ ~ N N O C b9 dg X X X X X ~ X X X ~ X U N N N 0 0 ~ ~ 0 ~ ,_ d .. .Q ~ .. ~ ~ o a Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER• 5G PROJECT NUMBER: ITEM TITLE: Final Order for Approval: TEC 11-001 Crossfield Subdivision by Pride, LLC Located Southwest Corner of N. Venable Lane and W. Ustick Road Re nest; Time Extension q Approval.on the Preliminary Plat MEETING NOTES F-~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~/ ~ ~ ~'°~ tz' ~ec~J 1~-1 ~ k-a-y ~n ~ Meridian City Council Meeting DATE:Aril 5, 211 . ITEM NUMBER: ~H PRQJECT NUMBER: ITEM TITLE: Task Qrder # 10238 for the Implementation Plan Study for Microthrix Control with Brown and Caldwell for aNot-To-Exceed Amount of $57,b9b.00 Pursuant to the Master Agreement Approved by City Council April 13, 2010 MEETING NOTES ~~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS _._-- ,~, ~,,~ ~~i~E IDIAN~- Public ~ DA H O Works Department T0: Mayor Tammy de Weerd Members of the City Council FROM; Clint Dolsby, P.E. Assistant City Engineer Mayor Tammy de Weerd Cry CoWn~il Members Keith Bird Brad Hoaglun Charles Rountree Dauid Zaremba DATE: March 29, 2011 SUBJECT: TASK ORDER #10238 FOR THE IMPLEMENTATION PLAN STUDY FOR MICROTHRIX CONTROL WITH BROWN AND CALDWELL FOR A NOT TO EXCEED AMOUNT OF $57,69b PURSUANT TO THE MASTER AGREEMENT APPROVED BY CITY COUNCIL APRIL 13 2010 (Next Available Consent Agenda) I. RECOMMENDED ACTION A. Move to: 1. Approve the Task Order with Brown and Caldwell for En ineerin Services g g for the Implementation Plan Study for Microthrix Control, in an amount not to exceed $57,696.00; and 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Back round The City of Meridian wastewater treatment plant periodically ex eriences mixed p liquor settleability problems due to the excessive growth of Microthrix Parvicella Page 1 of 3 (MP) in their secondary process which diminishes secondary clarifier capacity. Plant staff controls settleability by reducing the solids retention time (SRT) to less than four days, thereby wasting MP from the process at the cost of wastewater plant capacity. A total nitrogen (TN) effluent concentration of 15 mg/L is required for Class A reclaimed water which is difficult to obtain at this low SRT. B. Proposed Project Brown and Caldwell will provide engineerin services for an im 1 g p ementatlon plan to improve the efficiency and operation o f the bio to ical removal r g p ocesses at the wastewater treatment plant. This will in turn improve removals of nitro en and increase the ca acit o f g p y the secondary treatment system to the rated lant capacit . Without this ro ect p Y p ~ ,the wastewater plant will continue to experience microthrix caused settleability issues which increases our vulnerabilit y to NPDE S permit violations in our pending permit and could im act reclaimed water ' p permit compliance. C. Consultant Selection Brown and Caldwell was chosen for this project due to their ex ertise in h p to design and analysis of wastewater treatment plants and their familiarit with y the Meridian Wastewater Treatment Plant. Brown and Caldwell was also recen 1 ty chosen as a qualified firm to provide consultant services for WW Collection and Treatment Engineering and they hold a Master A reement for services ov r 2 g e $ 5,000. IV. IMPACT A. Strate ig'c Impact: This project will help to work towards the strate is ob'ectives to incr effi ' g ~ ease clencies at the Wastewater Treatment Plant and investigate alternative methods of wastewater treatment to reduce nitrogen and hos horous loadin s P p g into our receiving stream. B. Service/Delivery Impact: Improving the efficiency of the operation of the biolo ical treatment rocesses g p will increase the secondary treatment capacity of the wastewater treatment lant. This will rovide o er P p p atlonal flexibility for the biological phosphorus removal processes in the aeration basins. C. FiscalImpact: Project Costs Page2of3 Consultant Agreement 57 696 Total Cost $57,696 Project Funding Wastewater Consulting (3200-55080) 57 696 Total Funding $57,696 VI. TIME CONSTRAINTS Council's approval will allow this project that will enable the im lementati p on plan for this critical project at the wastewater treatment lant to be com leted p p this fiscal year, VII. LIST OF ATTACHMENTS A. Task Department Approval: Order .1 238. ~3 ~ ~ ~- D to Page3of3 .-. ~~iQ/rE IDIAN*:--- If?AHQ PURCHASING AGEHT 33 E. Broadway Ave, Meridian, IU 83642 Phone: X208} 489-0417 != ax: X208} 887-4$13 TASK ORDER NO. 10238 Between CITY OF MERIDIAN AND BROWN AND CALDWELL This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned panes dated April 13, 2014. Implementation Plan Study for Microthrix Control Task Order 10238 SCOPE OF SERVICES 541051364.003 Intro uction The City of Meridian wastewater treatment plant periodically experiences mixed liquor settleability problems due to the excessive growth of Microt~rix Parvicella AMP} in their s~rcondary process. Plant staff controls settleability by reducing the solids retention time ~SRT} to less than four da s, . .y thereby wasting MP from the process. A total nitrogen STN} effluent concentration of 15 mglL ~s required for Class A reuse which is difficult to obtain at this low SRT. The City would like a permanent solution #o control MP to enable the plant to operate at higher SRTs and allow TN control. Phase 100 -Project Management Provide management, direction, and coordination of all work associated with this scope, including schedules, budgets, technical quality, deliverables, and invoices. Provide communication and coordination with the City as necessary. Prepare monthly invoices, including backup materials and accompanying status reports. Update construction cost estimate at each design submittal. Provide qualm control of all work produced. Deliverables • Meeting minutes as needed Assunnp~ons • None ~~'"'~ Phase 244 -Influent Characterization and Process Review Prepare a sampling and analytical plan to collect data specific to the calibration of a biological process simulator. Verify sampling locations, A Brown and Caldwell process engineer will visit the site to scope out the discrete sampling of mixed liquor effluent from.-,each aeration basin. Review early data returns from laboratory to ensure integrity of data generated by laboratory. once complete, the data set wilt be reviewed and any anomalies resolved with the laboratory andlor plant staff. The final data set will be used in concert with existing process conditions to calibrate the simulator. The simulator will be used to assess the environmental conditions leading to the growth of MP and the effect of corrective measures. Brown and Caldwell will provide recommendations oninterim measures #o con#rol MP until the final solution is implemented. Deliverables • A chapter of the Implementation Plan that will contain an analysis of wastewater characterization data and a summary of the results of the simulations. Assumptions • City will collect samples, analyze samples, and provide influent characterization data to brown and Caldwell Phase 304 w Develop Options far the Control of MP Three different control options will be developed. 1. Classifying S@IeCtOr. A method of decanting surface scum and foam tthe classifying selector) will be located within the secondary pump station (SPS~. The overflow will be pumped to the digesters. Brown and Caldwell will assess the impact this change will have ~, on secondary treatment operations, as well as the impact this foam has an digester operation. Initial equipment and structure sizing will be done, and a site plan showing the improvements will be produced. Screening level cost estimates will be produced far comparison purposes only. 2. Independent RAS Return. To prevent the formation of foam in the SPS, return ac#ivated sludge (RASA will be redirected to the anaerobic zone of the aeration basins. We anticipate foaming to occur in the aeration basin requiring the use of a classifying selector to remove the foam at the exit of the basin. This foam will then be directly pumped to the digesters. Brown and Caldwell will assess the impact this change will have on secondary treatment operations, as well as the impact this foam has on digester operation. lnitiaf equipment and structure sizing will be done, and a site plan showing the improvements wilt be produced. Screening level cost estimates will be produced for comparison purposes only, 3. Chemical Addition. Addition of polyaluminum chloride andlor sodium hypochlorite will be evaluated for MP control. The City is currently using sodium hypachlorite with limited success. Sites that collect foam in the plant will be inventoried, and chemical feed rates calculated, to deliver chemicals to control MP on a plant-wide basis. Brown and Caldwell will assess the impact this change will have on secondary treatment operations. Initial equipment and storage structures will be sized, and a site plan showing the improvements will be produced. Screening level cost estimates will be produced for comparison purposes only, A review meeting will be held to discuss the options. The MP control options will be compared, and one of these options will be recommended based on efficacy and cost. ~`"`~ Deliverables • Options Review chapter of the implementation Plan • Meeting Minutes documenting selected option Assumptions • None Phase 4Q0 ~ Implementation Plan for control of MP Amore detailed cost estimate will be prepared for budgeting purposes. A schedule will be prepared showing the overall schedule for implementing the MP control option and would include Design and Construction tasks. Deliverables • Five copies of the draft Implementation Plan • Five copies of the final Implementation Plan Assumptions • None TIME OF PERFORMANCE The following table provides a summary of schedule milestones for the plan. Notfoe=taproceed (NTPy Completbn of wastewater d~aracterlratlon Completa simulation of different operating scenarios r Review meeting with plant staff Draft lmplementatbn plan for City review Fina! imp~mentation plan 8 weeks alter NTP i~. Mreela alter NTP 11 weeks alter NTP 19 weeW after NTP 2 wesla after receipt of Gty Comments COMPENSATION i00 - Project Management g5,$3g 200 -Influent Characterization and Process Review s~7,129 304 -Review Options for the Control of MP 626,909 400 - Implementatbn Plan for Control of MP s8,i22 Total ;~7,~9g The Scope of Services detailed in this Task Order shall be completed within the Not-To-Exceed amount of $57,696. Fees will be billed on a time-and-materials basis for actual hours worked per the rate sheet attached to the master agreement dated Apri! 13, 2010, but in no event will fees exceed the Nat-To-Exceed amount of X57,696.00 for the seniices listed herein. ASSUMPTIQNS ,~ The following assumptions. were made in preparation of the. sco a of work and fee estim p ate. ~ Brown and Caldwell will rely on information provided by the Cit to re are the technical Y p p documents. • Detailed design is not included in this scope and the Preliminar En ineerin Re ort and Y g g p final design documents are considered follow-on work. CITY OF MERIDIAN By: TAMMY de W D, MAYOR Dated: BROWN AND CALDWELL Jeffrey S. o ~ , Ph. ., P.G. Vice President Dated: _ - ~~ -Zt~f~[____ . _. Approved b Cit Council: ~ S ~ 1 ~ ,~1,~~~~~3~~''j~~l, . Y Y Att t: ~- ~, ~ %, ~~ ,~ o ; JA CEE . HOLMAN, CITY CLERK ~~A~G _ ~, ~ ~ o: Approved as to Content '%, 9 ~Sr ~s~ ent Approval •,~ 4 ~. B • ~''~~, QUAY ' ~~`` KEITH , P ASING AGENT Dated: 3 Title: F Na~N ~?~~ -w+r~I~G~ic. Dated:_ 3 ~z 4 ~i r Meridian City Council Meeting DATE: April 5 2011 ITEM NUMBER• 51 PROJECT NUMBER: ITEM TITLE: Second Amendment to Task Order 07bb for Professional ' Services (Related to the ACHD Franklin Road -Ten Mile to Linder Utilit Installation Pro'ect w' ' Y ~ ~ ith Parametnx for a Not-To- Exceed Amount of $78,769.00 per the Master A reement Dat g ed March 1, 2007 MEETING NOTES ~'P.~,~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS l 10 ~~~ (~ Mayor Tammy de Weerd E IDIAN~- City Council Members: /~ Keith Bird Public ~ D A H O Brad Hoaglun Charles Rountree David Zaremba Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: March 22, 2011 SUBJECT: SECOND AMENDMENT TO TASK ORDER 0766 FOR PROFESSIONAL SERVICES (RELATED TO THE ACHD FRANKLIN ROAD -TEN MILE TO CINDER UTILITY INSTALLATION PROJECT) WITH PARAMETRIXFOR ANOT-TO-EXCEED AMOUNT OF $78,769.00 PER THE MASTER AGREEMENT DATED MARCH 1, 2007. I. RECOMMENDED ACTION A. Move to: a. Approve the 2nd Amendment to Task Order No. 0766 with Parametrix to provide professional services for installation of utilities on the ACRD Franklin Road -Ten Mile to Linder Project, for a not to exceed amount of $78,769.00. b. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II (Proj ect Manager) Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works 489-0364 489-0341 489-0350 489-0372 Page 1 of 3 III. DESCRIPTION A. Proposed Protect The ro osed project consists of the construction of a sewer trunkline, reclaimed pp water trunkline and water, sewer and reclaimed water services to various ro ernes along Franklin Road between the 10 Mile Creek Bridge and Linder pp Road. The majority of the work in this amended task order will be re-designing the ro' ect to accomodate changes resulting from the elimination of medians and pJ redesi of the storm drain system by ACRD .This task order now includes easement acquisitions, construction surveying and construction coordinationlassistance and will allow completion of the project with the ACHD project scheduled to start in late 2011 or early 2012. B. Background In 2007, the initial task order 0766 for design of water services was authorized as art of the ACRD Franklin Road -Ten Mile to Linder project. In 2008 an p ., . amendment was produced authorizing the design for installation of a sewer trunkline in Franklin Road. As part of this amendment, a reclaimed water trunkline design was also added to the project. C. Parametrix was the original design consultant on the project. They have put si ificant effort into the plans and the City is leveraging their previous work by to save money on this task order. Consultant Selection IV. IMPACT A. Strate i~ c Impact This ro'ect supports the Public Works Mission and Vision for strategic growth. It pJ .. .. meets our mission requirements to indentify and prioritize work to anticipate, plan and rovide public services and facilities that support the needs of our growing p .. . communi . It will ensure modern reliable facilities while maintaining financial tY stewardship. B. Fiscal Impact l Protect Costs Public works is re uesting to proceed with consulting services from Parametrix as q the cost to start the design process over would be counter productive to getting the ro' ect design completed and ready for construction in late 2011 or early 2012. pJ Consultant Amended Agreement -Total Cost ..................................$78,769.00 C. Protect Funding The ro' ect will be funded with existing City funds from the following account. pJ Consulting Services (3590-93505) ................................................... 78 769.00 Funding Available .............................................................................$78,769.00 Page 2 of 3 V. ALTERNATIVES A. The Cit could issue a Request for Proposals for these services which could Y .. . increase the cost since selecting a new consultant will require additional time for them to getup to speed with the proj ect. A new consultant would be starting over on the design process. VI. TIME CONSTRAINTS A. The approval of this task order will allow the design and construction assistance necessary to proceed with the project construction as part of the ACHD Franklin Road Project scheduled to start in late 2011 or early 2012. VII. LIST OF ATTACHMENTS A. Amendment to Task Order No.0766 -Two Copies B. Purchase Order Requisition Department Approval: p~.y TN j Date Page 3 of 3 Z ~+ ~ W ~~ ~ ~ N M M a a ~ ~ ~ W m o o ~ Q ~ ~ N C ._ ~ o N .~ V- ~ Q W w O L w EM ~ ~ ~" a' F- U ~c z~~ X W ,_..~, a a W a 0 w ~~ ~o c~ Z ~> t0 C 0 ,_ '~ 'a Q L Q N 7 '~ C '~ Q C .~ N V ~' ~~ a ~a 0o p OC C LI W ~, a ~Z ~~ ~ W '~ ~ ~ a • O O O o o ~ ~ 'V'^^i A ~ : i c ,, __ _ ~ w {~} Z °o Nm ~ z W ~_ W ~ ~ 7 ~ a o ~ w ~ M ~ N ~ 0 Q 1 • M • t~0 w Q z ~ N J ~ U z 0 0 w N r ~ 0 z Q ~ H Q Q .H ~o ~ pw ~: o U N ~O L a w a o 'Z .. h4 • ~~ ~W ~ ~ ~~ ~ ~ ~ O J ~ o~ 'tea c~ N °o LL, a w ~~ ~ ~~ •~ -~ d ~ W M ~ ~ > ~ a ~ fir.. ~ F- C ~~ Q ~ ~Q ~ .~ ~a ~~ Z ~- a W ~ ~, ~'y ~o ~ ~ Za Ua D ~ .~ ~- .. ~ ~ ~m W w z ~_ ~' ~ N- 4 o a . n ~ NT TO TASK ORDER N0.O7fi6 ~ AMENDME CITY OF MERfDIAN (OWNER) AND PARAMETRIX (ENGINEER) • ri ian herein referred to as the "City} • ices is issued by the City of Me d ~ ~ This Scope of Sere as the "Consultant„) pursuant to the mutu ted b Pararnetrix therein referred to, above named and accep y ' ' onta~ned to the Agreement between the romises, covenants and cond~t~ons c p 1 2447. parties dated March , CITY Oi: MERIDIAN n Reclaimed Water, and trrigadon Desig Revisions to Potable Water, Sanitary Sewer, r Pro ect h Franklin Road Ten Mite to Linde ~ ~ Resulting from Revisions to t e PURPOSE • set forth herein. Services shall generally be The En ineer s scope of ser~ces shall be as g ltin Services, described as Engineer,ng Consu g ~ pRQVEMENTS SYSTEM IM . visions to the design of City utilities as fallow~n ~s a detailed scope of work to provide re ith The g vements are to be constructed ~n conjunction w a result of changes to the project. impro Road r the Franklin Road -Ten Mile Road to Linder roadway improvernents fo Improvements Project. ore are tans, bid schedule, special provisions The rofessional services required are t p p, p , f Meridian p ct the above mentioned improvements of City o and cost estimate to constru merits include the following: re on Franklin Road. The anticipated design eIe infrastructu A, PROJECT ADMINIS?RATION team to monitor budget and schedule, coordinate Consultant will staff and manage a project • mit revised Draft Final Design, Final Design Plans, with the City, and prepare and sub , ' t 5 ecifications, Cost Estimate, and Record Drawings, Projec p Products & Deliverables: Monthly project invoices ~6 months} Page i Pararnet~x March 16, 2011 AMATION WATER LINE DESIGN MUNICIPAL WASTEWATER RECL B. i n water line design with the following will revise municipal wastewater reclamat o Consultant features: ' w ter line stubs to the north and south o Desi n municipal wastewater reclamation a • The Cit of g has a rox. Sta 106.00 and 123+00} . Y at two new proposed approac ~ pp , n water line. • ize of municipal wastewater reclamatia Merld~an shall provide the s n s: • in accordance with the following requ~reme t Design will be IDAPA 58.01.4$} • uses for Public Drinking Water Systems ( . , Idaho R f Murnc~ ai and Industrial • ho Rules for the Reclamation and Reuse o p Ida 1astewater ~ID1PA 58.01.17} • Wastewater Rules tIDAPA 58.01.16} er star Water Facilities -Great lakes -~ Upp • Recommended Standards for Wa anita ~n ineers X10 States Standards} Mississippi River Board of S ry g • AWWA manual M24 ~ Chapter 24. , Works Construction ~ISPWC} - 2410 Edition • Idaho Standards for Public .. 'n s to the ' f Meridian Su lemental Specif~cat~ons and Draws g • Current Csty o pp ISPWC . ' on reclamation water line as a result of stubs at o Revise inline valve spacsng above mentioned approaches. r lamation water line service stubs for up to 5 o Design municipal wastewater ec i e size to be haw on the ro act plans, The locations and p p parcels ands p 1 provided by the City of Meridian. • n asements #or the municipal wastewater reclamation o Determine if permane t e a roaches ~approx• ' ubs to the north and south at two new proposed pp water line st owners to cover the work Sta 106+00 and 123+00} and up to 5 property . , ' i n of the reclamation water line service stubs are associated with the construct o needed. C. IRRIGATION DESIGN it revise irri ation line design with the following features: Consultant w I g . 4" 0.900 pu le Pipe per direction from the City. o Revise irrigation main line to rp , uirements to be per the City of Meridian standards. sedding req , ' munication cables for future sprinklers during the o Include 2, two ware com • esi n the s stem to accommodate stubbing wires irrigation pipe installation. D g Y he reuse water in one location. Wires to be located at the site of t behind the curb ntire distance of pipe. nnection one running east one running west for the e co er connection which is 4"inch from the main line, o Prepare detail for reuse wet i and flow meter to h a 4„normally open master valve, then through a spoo throug a abili to sense excessive flaws and the mainline. This will give the system th , ty , , ' needed. Also to record flows daily with maxicom system. shut down if Page 2 Parametrix March 1 fi, 2011 vailable a# the reuse connection location to 11o volt Power must be a mmodate for future sprinkler time clock. acco n ble water !double check backflows and reuse ~ Revise location of 2, 2 inch pota tween sidewalk ated outside of the proposed roadway be water meters to be loc are to be located at each One table water connection and back flow , and curb, po inlme. No over ~s needed at potable end of the roject and connected to the ma p p water sources. ve all steel sleeves from the irrigation main line. o Remo Y SEWER AND POTABLE WATER DESIGN D. SANlTAR • lectronic version in 1Nord format of the letter that was Consultant well provide the City an e ~ Se$ constructing • ro owners along Franklin Road which addres previously sent to p pe~Y reels. The Cit will send ter and sancta sewer stubs or services for their pa Y potable wa ~ ine if otable water andlor sanitary sewer letters to all andlor new property owners to determ , p • ' followin revisions to the design may be needed. stubs are desired. The g f table water andlor sanitary sewer line ser~ce o Determine size and location o po , parametr~x to ' s far u to 5 arcels and show on the protect plans stubs or serv,ce p p 'th ro owners. ' I cations of r nested stubs and services ~ p pe~Y coordinate o eq • ~ n easements are required for up to 5 property owners to ,~ o Determine ~f germane t i e stubs. cover the work associated with the construction of the sere c TONE LIFT STATION SANITARY SEWER DESIGN E. WHITES • roe owner meeting for the purpose of acquiring a Consultant will coordinate one (1} p p ~y nsul#ant will in line easement through parcels 18,19 and 20. Co future sanitary sewer ma meetin to display the proposed contact ro owners for the purpose of scheduling a g p . ~~ vide one des lay droll plot} of the future f are sancta sewer line options, Consultant will pro p ut ry ive for each ro arty owner. The Consultant shall sancta sewer main line preferred alternat p p btain ~ endin and will lead all negotiations required to 0 lead the meeting with two (2} staff att g the needed sanitary sewer easements. n utili easements, prepare legal descriptions and Consultant will determine germane t ty ~ ver the work a Professional land Surveyor for up to 3 properties to co , maps , stamped by mainline south of Franklin associated with the construction of the future san~ary sewer • - - . These le al descriptions will be provided to the Cry Road outside of existing right of way g traction of the f r Ci Council action prior to commencement of the cons Project Manager o ty project. nd obtained riot to construction, an alternate design !f the easements are not agreed to a p • , itestone lift • easements obtained to fac~l~tate removal of the Wh w~l! need to be done and ~ rvices does not include ' to commencement of construction. This Scope of Se Station pnor an alternate design far the sanitary sewer. this effort or any additional effort to develop ared to revise ' be needed a supplemental scope and budget shall be prep Should this effort , the sancta sewer design for the Vl~hitestone lift station. Page 3 Parametrix March 1 fi, Zo11 F. ADDITIONAL PROJECT REVISIONS • laps for treatment of area between back of curb and Consultant will modify project p ecification or it wills i desired treatment, Consultant will provide the sp , sidewalk, C y pec fY I as halt or milled ial rovision of the treatment of weed barrier fabric covered by recyc e p spec p concrete 3 inches deep. ' onflicts between the revised storm drain system and Consultant will review potential c ~ ewer and ' ro osed Cit of Meridian utilities including potable water, sarntary s , existinglp p Y n es where conflicts are anticipated. reclaimed water. Consultant will identify necessary cha g icense a reement between the City of Meridian and Consuhant will venfy and amend the f g , , ' ' ies. ' i n Distract NMID for ut~l~ties crossing NMID owned fac~l~t the Nam a & Meridian Irrigat o ( ~ , p reement to the City of Meridian for submittal to Consultant to provide revised license Ag NMID. ' HD r ardin the 404 Permit requirements to verify that Consu!#ant to coordinate with AC eg g , ' f Meridian work is included and covered under the 404 Permit. the Cry o • laps to reflect an changes to Cry of Meridian Standard Consultant will verify/revise p Y Construction Notes or Standard Drawings. '~ s s cial rovisions, opinion of probable construction cost Consultant veil modify the plan , pe p .. ~ of $ervices. ccommodate all design changes I~sted vnth~n this S pe and bid schedule to a ~ the Cat in the Cost Estimate ant will account for matenai items to be suppled by Y , Consult f items to be suppled for the project. and bid Schedule. The City shall supply an inventory o ment forms I al descriptions, and exhibits for each Consultant will prepare the ease ~ eg ro erg owner for the following easements: p p Final Desi n nd table water easements as shown in previous 9 • 21 sanitary sewer a po Plans dated 09130109 • U to 9 new reclaimed water line easements p ew sanity sewer and potable water line easements Up to 5 n rY • ~ will obtain si natures on the executed easement Consultant vnll lead aU negot~at~ons and , 9 • n and he forms to the City of Meridian for City Council act~o forms and will provide t recording. NAL DESIGN SUSMiTTAI. INFORMATION G. DRAFT F! tlon of existing features and genera! design The Draft Final Design plans will show the loca ne otiated ' ' stem im rovements as well as any easements g features of the proposed ut~l~ty sy • p ludo u ated construction • f the ro ect. The plans w~li also Inc pd during the design stage o p 1 'li deliver 3 sets of 22" x 34"plans and Standard Details as needed. Consultant wi • • to the notes t co of the special provisions, modrf~cat~ons rinted on bond media and one () pY t estimate to the City of p ental s ecifications, bid schedule and the cos ,R~a standard and supplem p Page 4 Parametr~ March 16, 2011 review b the Construction and Development Services Meridian Project Manager for y Divisions. Products & Deliverables: • Draft final Design submittal package H. FINAL DESIGN SUBMITTAL INt=ORMATiON ' n redline comments received from the Draft Final Consultant will incorporate wntten a d ~ t lens ' h Final Desi n submittal and wail revise and update the projec p , Design review into t e g ntal s cifications, contractor cial rvisions, modifications to the standard and suppleme Pe spe p notes and bid schedule. • i s of the stem d tans, special provisions, modifica#ions to Consu~ant will deliver 3 cop e ~ p e to the Ci . m ntal s cif~cations, bid schedule and cost estimat , tY the standard and supple a pe ~ x 34" laps nnted final royal is obtained, the Consultant will delver 3 sets of 22 p P Once f app , on bond media to the DEQ far their review. ' final desi n and construction plans in AutoCAD electronic format to Consultant will submit g and to the ' This submittal should include any external drawing references bo the City. drawing. Products & Deliverables: • Final Design submittal package I. CONSTRUCTION SERVICES -call and available to the City to provide assistance throughout the bid Consultant will be on 0 for the onstruction rocess, This task provides a contingency amount of $5,00 , and c P sed with nor Consultant's effort. This task and contingency budget will only be u p he Cit , Antici ated tasks include responding to requests for information authorization by t y p , RFIs and attendance at construction meetings as requested. ~ j J. CONSTRUCTION STAKING r will rovide one set of construction stakes for the project. Construction survey The Owne p • ~ II be restored at the stakes destro ed by the Contractor's construction activtt~es she • y d from ro ress estimates. One set of Contractors expense. These costs shall be deducts p g stakes will be provided for the following: • Ind vertical control will be staked every 500' along the new reclaimed Horizonte a 12~ water main and at angle points, , , • Horizontal control will be staked every 500' along the new 4" reclaimed ~rr~gat~on line. • Horizontal control for new reuse main line valves. • Horizontal control for new potable water main line valves. • .Horizontal control far new water meters and blow•offs. • Horizontal and vertical control for new casing ends, ' rix Page 5 Pararnet Marsh 16, 2011 ' ntrol of reuse main at crossings with future storm drain Horizontal and vertical co or irrigation pipes as identified on plans. , ' r I at all new otable water, sanitary sewer and reclaimed water Horizontal cost o p stubs. Horizontal and vertical control on all new sanitary sewer structures. K. RECORD DRAWING SUBMITTAL INFORMATION vi w the Record Drawing requirements available on the website) The consultant shall. re a rawin s i n of the ro'ect shall have the required features surveyed. The d g and upon complet o p 1 ' f rmation revised to include that surveyed information and any other record in o shall be Record Drawn s to vi ed b the Cit .Consultant shall submit two ~2} sets of proposed g prod y Y i Pro'ect Mana er for review prior to preparation of Final Record Drawings. the Cty ~ g Record Drawin acka e, the Consultant shall submit the Record Upon approval of the g p g n ' the Cit as re uired b the Record Drawing Requirements available o Drawing package to y q Y the City website. Products & Deliverables: • Record Drawing submittal package ose to rovide the Design Services as outlined above on a time and We prop p materials basis with a not to exceed amount of $78,769.00. ~. CITY OF MERIDIAN ENGIN BY: BY: TAMMY de EERD, MAYOR Dou Camen' h, Principal Attest: ~ o~rF ._- ,~ r w ~ ~~~~ ~ M BY. JAYCEE H AN, CITY CLERK ~' ~' ~ ~ '~, ~~ UST 15~ ~ `~. ~ Q ,,,~ C v o Content ~, ~~ ~ Appro a Approved as t ,,,~~, ~~,~1 ~~~~i ~r BY: BY: KEITH WATTS, PURCHASING AGENT TITLE:! ~ ~.~ N ~.~rizn~e- ~~.~'~~-~x- '~"` DATED: z Dated: Parametrix Page 6 March 16, 2011 O F~ 01 01 ~ ~ N N ~ O p ~ L O ~ `~' N N y W W 41 O r O r tp r 10 r a < M r ~+ ` ~ r ~ ~p N r ~p N r O N ~j N N ~ 1A ~ ~ ~ r 1~ ~ ~0 ~ O a 0 a1 N 0 0 ~ V a : (~ ~ ~ c0 fD O O O a v N N ~ N N N a O O r C E _ ,v ~ x ~ o a ~ m ~ a a a ' N a a a ~ a m se a ~ a a a r n 0 m a ~ E y0 C Z ~ O a ~ a Or o '~ N N. o .- CD ao ~ $ N ~- N ~! ' .- r r r 0 0 O _ Q H ~ O O , ~ r O O O O O O r C 0~~ +r .~ ~ ~ O B O O O - O O d' a s ao O r N ~~ C ~ ~ ~ ~ H ~ ~ ~ ~ ~ ~ ~ ~~ 0 0 0 0 0 0 0 0 0 0 0 ~ m ~ ~ ~ ~ ~ ~ ~ ~ C~ . r. ~ F. 0 ~ ~ ~' N _ ~ ~ 0 a ~ 3 ~ ,m , ~ ~ LL ~° ~ Y C ~ ~ ~ ~ ~ c LL ~ ' c c N ~ o c ~ c m ~ ~ ~ N ~ 4 o U ~ o Y3 :~ ~ a ~ a ~ ~ m o N ~ a ~ m ~ _ ~ c N .A G r ~ ~ ~ ~ ~ ~ a '` ~ « ~ ~ N .. ~ N St ~ H ~ ~ J11 ~ a C . y _ ~ c ~ a ~ ~ ~ ~. ~ a ~ N ,~ c ~ ~ a~ c ¢ ' ~ c '~ N ro ~ c c a ~ ~ ~, ~m o ~ '~ . ~ a ~ ~ ~ w m c ( ~ p ~ .Q ~ n. a a ~ w m ~ I ~ w c ~ ~ a ~ ~ ~ < p ~ a c ~ ~ ~ ,~ ~ ~ ~ ~, «~ ~ ~ ~ , ~ ~ ,~ ' ~ . Q ~ ~ ro 2 '~ 8 r r Q a ~ ~ m ~ ~ m O . oc Q a ~ a ~ ~ .- cn a (n 'a ~ W o ~ ~ ~n a~ G1 ¢ ~, /~ r ~ ;R. • ^^' O m a Franklin Road -Ten Mile Road to Linder Road Improvements Project ,.~,, City of Meridian Utility Improvements Budget 2nd Amendment To Task Order N0.0766 COST SUMMARY Parametrix Labor Staff Hours Labor Rate Labor Cost 1 PM 24 $130.00 $3,120.00 2 PE II 1 $170.00 $170.00 3 PEI 115 115.00 13225.00 4 TECH 112 90.00 $10 080.00 5 ADMIN 18 $65.00 $1,170.00 Parametrix Labor Total 270 $27,765.00 EXPENSES $400.00 Construction Support Contigency $5,000.00 TOTAL PARAMETRIX PROJECT COST $33,165.00 Civil Surve Labor Staff Hours Labor Rate Labor Cost 1 PROJECT SURVEYOR 134 118.00 15 812.00 2 SURVEY CREW 184 140.00 25 760.00 3 SURVEY TECH 48 84.00 4 032.00 Civii Survey Labor Total 366 $45,604.00 TOTAL PROJECT COST $78,769.00 Page 1 of 1 Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of 2011-2012 Beer, Wine, Liquor License Renewals Sa-wad-dee Thai Restaurant Cheerleaders Sports Bar & Gill Maverik Store #410 Rite Aid #5412 Fred Meyer # 198 Buffalo Wild Wings Wal-Mart Supercenter #2862 Divine Wine Sizzler #215 Walgreens #06200 Walgreens # 10197 Walgreens #10604 Walgreens # 11452 Walgreens # 11687 Applebee's Grill & Bar Sunrise Bakery & Caf6 Jacksons # 140 Ram Restaurant & Brewhouse Texas Roadhouse Chicago Connection Chicago Connection A New Vintage Wine Shop Albertsons # 164 Albertsons #180 Goodwood BBQ Company Caf6 Indigo/Courtyard by Marri JB's Restaurant 1890 E. Fairview 3451 N. Eagle Rd. 1630 E. McMillan 1600 N. Main St. 1850 E. Fairview Ave 3223 E. Louise Dr. #103 4051 E. Fairview Ave. 2310 E Overland Rd. # 105 3380 N. Eagle Rd. 1570 E. Fairview Ave. 3150 W. Cherry Lane 1625 S. Meridian Rd. 3263 N. Eagle Rd. 4850 N. Linder Rd. 1460 N. Eagle Rd. 805 Main St. 3010 Goldstone Rd. 3272 E. Pine 3801 E. Fairview Ave. 1935 S. Eagle Rd. 1639 N. Main St. 1400 N. Eagle Rd. # 104 20 E. Fairview Ave. 3301 W. Cherry Ln. 1 140 N. Eagle Rd. Ott 1789 S. Eagle Rd. 1565 S. Meridian Rd. MEETING NOTES CLERKS OFFICE FINAL ACTION B/W/L B/W/L B/W B/W B/W B/W/L B/W B/W B/W B/W B/W B/W B/W B/W B/W/L B/W/L B/W B/W/L B/W/L B/W/L B B/W B/W B/W B/W/L B/W/L B/W DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Beer, Wine & Liquor License Renewals for 2011-2012 Approval by City Council on April 5th, 2011 DBA LOCATION B/W/L Sa-wad-dee Thai Restaurant 1890 E. Fairview Rest B/W/L Cheerleaders Sports Bar & Gill 3451 N. Eagle Rd. Rest B/W/L Maverik Store #410 1630 E. McMillan B/W Rite Aid #5412 1600 N. Main St, B/W Fred Meyer #198 1850 E. Fairview Ave B/W Buffalo Wild Wings 3223 E. Louise Dr. #103 Rest B/W/L Wal-Mart Supercenter #2862 4051 E. Fairview Ave. B/W Divine Wine 2310 E Overland Rd. #105 B/W Sizzler #215 3380 N. Eagle Rd. Rest B/W Walgreens #06200 1570 E. Fairview Ave. B/W Walgreens #10197 3150 W. Cherry Lane B/W Walgreens #10604 1625 S. Meridian Rd. B/W Walgreens # 11452 3263 N. Eagle Rd. B/W Walgreens # 11687 4850 N. Linder Rd. B/W Applebees' Grill & Bar 1460 N. Eagle Rd. Rest B/W/L Sunrise Bakery & Cafe 805 Main St. Rest B/W/L Jacksons # 140 3010 Goldstone Rd. B/W Ram Restaurant & Brewhouse 3272 E. Pine Rest B/W/L Texas Roadhouse 3801 E. Fairview Ave. Rest B/W/L Chicago Connection 1935 S. Eagle Rd. Rest B/W/L Chicago Connection 1639 N. Main St. Rest B A New Vintage Wine Shop 1400 N. Eagle Rd. #104 B/W Albertsons #164 20 E. Fairview Ave. B/W Albertsons #180 3301 W. Cherry Ln. B/W Goodwood BBQ Company 1140 N. Eagle Rd. Rest B/W/L Cafe Indigo/Courtyard by Marriott 1789 S. Eagle Rd. Rest B/W/L JB's Restaurant 1565 S. Meridian Rd. Rest B/W Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Public Hearing: Meridian Police Department Fee Schedule MEETING NGTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN NOTICE OF PUBLIC HEARING Notice is hereb iven ursuant to .the laws of the State of Idaho that the City Council of the City yg p of Meridian will hold a ublic hearing at 7:00 p.m. on Tuesday, April 5, 2011, at Meridian City p .. Hall 33 East Broadway Avenue, Meridian, Idaho, regarding the Meridian Police Department Fee Schedule set forth below. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk prior to the ublic hearin .All testimony and materials presented shall become property of the City of p g Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Labor to redact exem t public records $38.OO/hour Paper copies of public records (applies if records are redacted, more than 100 a es, or more than 2 hours; waived if total is less than $10.00) pg $0. l 0/page Labor to make paper copies of public records (applies if records are redacted, more than 100 ages, or more than 2 hours; waived if total is less than $10.00) $20.00/hour CD or DVD with public record information $1.00 each Thumb drive with ublic record information p $7.50 each Labor to upload public record information to CD, DVD, or thumb drive $20.OO/hour NSF check fee $20.00 Photogra hs (35 mm 4x6-inch prints) $0.15/ rint Do im ound fee $23.50 7-in-1 vaccination fee $10.00 Dog daily boarding fee $5.00/day Do ado tion fee g p $23.50 Dog relinquishment fee $23.50 Dog license -neutered $16.00 Dog license -non-neutered $21.00 Do license -vicious $100.00 Lost dog tag re lacement $5.00 Extra-Duty Personnel -Officer $40.00 Extra-Duty Personnel - Su ervisor $50.00 False alarm -third within calendar year $25.00 False alarm -fourth within calendar year $50.00 False alarm -fifth within calendar year $75.00 False alarm -sixth or subsequent within calendar year $100.00 each Nuisance/weeds abatement administrative fee $100.00 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE April 5, 2011 ITEM # 6A PROJECT NUMBER PROJECT NAME Meridian Police Department Fee Schedule PLEASE PRINT NAME FOR AGAINST NEUTRAL ECEIVE APR ~~~ CITY C~ F ~~~~~~~ i~a~i Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER• 6B PROJECT NUMBER: ITEM TITLE: Resolution No. ~ - ~ :Ado tin ' ' ' p g Meridian Police Department Fee Schedule MEETING NOTES ~.d CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TD AGENCY SENT TO APPLICANT NOTES INITIALS .~-----~ ._ __ ~. CITY OF MERIDIAN RESOLUTION N0. ~ ~ BY THE CITY COUNCIL: BIRD HOAGLUN ROUNTREE ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN POLICE DEPARTMENT; AUTHORIZING THE MERIDIAN POLICE DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-131 lA, on March 15, 2011, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Police Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Police Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Police Department, as set~forth in Exhibit A hereto, is hereby adopted. Section 2. That the Meridian Police Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ~J'~ ADOPTED by the City Council of the City of Meridian, Idaho this l~~h day of c , 2011. . 5~. APPROVED by the Mayor of the City of Meridian, Idaho, this ~,~i day of ch, 2011. APPROVED: \~~~ 0~ ~ ~ eerd, Mayor ~~ ~, ~, ATTEST: ;~ ~ rF '%, ~ o 1 ` ~ ~ ~ ~ r' ~ ~ ~ ~ .~~~ .+, aycee lman, City Clerk ~- ~~ ,~ ~ , -~ ,~ ~ o~ `~~ ~'~' ` o ADOPTION OF FEE SCHEDULE OF MERIDIAN POLICE DEPARTMENT PAGE l OF 2 ExhibitA FEE SCHEDULE OF THE MERIDIAN POLICE DEPARTMENT Labor to redact exempt public records 3 8.00/h $ our Paper copies of public records (applies if records are redacted, more than 100 pages, or more than 2 hours; waived if total is less than $10.00) $0.10/ a e g . Labor to make paper copies of public records (applies if records are redacted, more than 100 pages, or more than 2 hours; waived if total is less than $10.00) $20.OO/hour CD or DVD with public record information $1.00 each Thumb drive with public record information $7.50 each Labor to upload public record information to CD, DVD, or thumb drive $20.OO/hour NSF check fee $20.00 Photogra hs (35 mm 4x6-inch rints) $0.15/print Dog impound fee $23.50 7-in-1 vaccination fee $10.00 Dog daily boarding fee $5.00/day Dog adoption fee $23.50 Dog relinquishment fee $23.50 Dog license -neutered $16.00 Dog license -non-neutered $21.00 Dog license -vicious $100.00 Lost dog tag replacement $5.00 Extra-Duty Personnel -Officer $40.00 Extra-Duty Personnel -Supervisor $50.00 False alarm -third within calendar year $25.00 False alarm -fourth within calendar year $50.00 False alarm -fifth within calendar year $75.00 False alarm -sixth or subsequent within calendar year $100.00 each Nuisance/weeds abatement administrative fee $100.00 ADOPTION OF FEE SCHEDULE OF MERIDIAN POLICE DEPARTMENT PAGE 2 OF 2 Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 6C PROJECT NUMBER• ITEM TITLE: Public Hearing: Precious Metal Dealers ordinance MEETING NOTES C~~ ~~ -~ ~/~/1 CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO .AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE April 5, 2011 ITEM # BC PROJECT NUMBER PROJECT NAME Precious Metal Dealers Ordinance PLEASE PRINT NAME FOR AGAINST NEUTRAL APR ~ ~~~ 1,~~ I i C~~C1Il~ L1~~~~ G ~~ wi P.,~~ n,~dcS ~~,~, ~~ eS-fi rrvww-~ U Meridian City Council Meeting DATE: April 5 2011 ITEM NUMBER: ~jB PROJECT NUMBER: ITEM TITLE: I ~~ I I ~ ~ ~ ~ . ~ Ordinance No. .Precious metal dealers first reading) MEETING NOTES m ~ ~~ /s- > CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES ~Q.,~~,,,,, 5 D rv~.s~--~ -h' ~-- CLERKS OFFICE FINAL ACTION DATE: E-MAILED T4 STAFF SENT TO AGENCY SENT T4 APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 5 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Memorandum of Understanding between Meridian Develo ment Cor ' p poration and the City of Meridian regarding Idaho Power Easement in Centennial Par k. MEETING NQTES rn~ ~~~~ CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS `/' ~ y~ 7 ~ ~ ~.,,~d -~ ~, ~,PS~,~. a t ~~e~~e • ~ ADA COUNTY RECORDER Chria~pher 0. Rich AMOUNT .00 1B BOISE IDAHO 04/06111 03:01 PM DEPT ~c~ Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED-REQUEST OF ~ Ciry of Meridian 111 X28914 MEMORANDUM OF UNDERSTANDING REGARDING THE CITY COUNCIL APPROVAL OF THE IDAHO POWER EASEMENT IN CENTENNIAL PARK BETWEEN MERIDIAN DEVELOPMENT CORPORATION THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING (MQU) is made and entered into this ~~~ da y of March, 2011, by and between Meridian Development Corporation (MDC) and The City of Meridian, Idaho (City}, to establish a mutual understandin g regarding the conditions of approval of an Idaho Power Easement in Meridian's Centennial Park. WHEREAS, MDC is developing an office project on the prope south of Centennial ~Y Park in downtown Meridian; and WHEREAS, the City previously entered into an MOU dated April 25th, 2009 with Meridian Hub, LLC, a defunct previous owner of the prope owned b MDC south of ~y Y Centennial Park, and the parties hereto desire to terminate that M4U and re lace it with p this document; and WHEREAS, current and future development in the area of Centennial Park re uires the q installation of underground utilities and the locating of sector and transformer boxes and ' ,~ WHEREAS, MDC and Idaho Power have proposed to locate the sector and transformer boxes in an area of Centennial Park adjacent to the alley; and MEMORANDUM QFUNDERSTANDING -1 of 4 ADA COUNTY RECORDER Chri=~pher D. Rich AMOUNT .00 16 BOISE IDAHO 04106111 03:07 PM RECO DED ~ R QUEST OF II I I I II I II I II II I I III I I II I I II I II I II III City of Meridian 111~~8914 ~, MEMORANDUM OF UNDERSTANDING REGARDING THE CITY COUNCIL APPROVAL OF THE IDAHO POWER EASEMENT IN CENTENNIAL PARK BETWEEN MERIDIAN DEVELOPMENT CORPORATION AND THE CITY OF MERIDIAN THIS MEMGRANDUM OF UNDERSTANDING (MOUE is made and entered into this .~ ~ da of March 2011 b an ' ' • Y y d between Meridian Development Corporation (MDCj and The City of Meridian, Idaho (City), to establish a mutual understandin 9 regarding the conditions of approval of an Idaho Power Easement in Meridian's Centennial Park. WHEREAS, MDC is developing an office project on the prope south of Centennial ~Y Park in downtown Meridian; and WHEREAS, the City previously entered into an MOU dated A ril 25th, 2009 with .. P Meridian Hub, LLC, a defunct previous owner of the prope owned b MDC south of ~Y Y Centennial Park, and the parties hereto desire to terminate that M4U and re lace it with p this document; and WHEREAS, current and future development in the area of Centennial Park re uires the . q installation of underground utilities and the locating of sector and transformer boxes' and ' ~, WHEREAS, MDC and Idaho Power have proposed to locate the sector and transformer boxes in an area of Centennial Park adjacent to the alley; and MEMORANDUM OFUNDERSTANDING -1 of 4 WHEREAS, in order to a • in C ccommodate the location of the sector entennial Park, Idaho Power wi • • and transformer boxes Meri ' II a utility easement for executi • dean as Grantor; and on by the City of WHEREAS, the location of the sector and transformer boxes ' • reduces the usable area in in Centennial Park the park; and WHEREAS, The Meridian • .. City Council considered the Idah Meridian Hub, LLC r ' o Power easement for the p o~ect at their regularly scheduled meetin and placed certain condi , g of December 16, 2408 tons on the approval of the Idaho Po wer easement; and WHEREAS, the conditions of . approval for the Idaho Power easement by MDC for this new Broadwa B ' are to be fulfilled y wilding project as set forth in this MQU• and WHEREAS, the previous easemen ~ • t for the benefit of the Meridian Hub Ll. ' not recorded and this is a differ C project was ent project, Idaho Power requires that a new description be prepared as art of th easement p e improvement work to be cum leted on the cu MDC Broadway Buildin ro ect. P rrent 9P 1 NOW, THEREFORE, the arties her P eby agree as follows: 1. City agrees to immediate) execut ~ • y e and record the Idaho Power Utili easement in Centennial Park on ' ' ~ ce it is prepared by Idaho Power and a roved ' The parties antici a PP by the City, p to it will be in approximately the same locatio similar dimensions nand be of as the previous easement proposed with Ida of which is a ho Power, a copy ttached to this MOU as Exhibit A and into • reference' h rporated herein by this owever the parties agree to work with one another ' exact locatio to establish the n and dimensions to meet the needs of the Ci ' the curr ~ ty, Centennial Park, ent project and Idaho Power. In the event that th easement cha a size or location of the nges materially from that depicted in Exhibit A Ci rese right to termmat ~ tY rues the e this agreement and shall be relieved from all ' hereunder, of its obligations 2. MDC, at no expense to Ci , a reel t ' tY g o provide or make necessa arran e to provide all labor and mater' ry g merits ials necessary to remove the ower ole behind Meridian Communi C P P the ty enter budding and re-feed power to the buildin underground. g 3. MDC agrees to construct a s lit block p CMU enclosure five feet in hei ht around the sector and transformer boxe ~ g s. The design and construction of the enclosure shall be consistent with the drawin rovi • g p ded by Erstad Architects, attached to this MOU as Exhibit B and incur orated herein P MEMORANDUM OFUNDERSTANDING - 2 Of 4 4• MDC agrees to a I a c! • pp y ear anti-graffiti coating to the s lit f • to specifications a roved in ' ' . , p ace block according . pP writing by the City s De artment Recreation. p of Parks and 5• MDC agrees to install sere • ening-type landscaping materials on the w and east side of the block enclosur est, north, e according to a landscape plan as a rove in writing by the Ci 's De artrn pp d tY p ent of Parks and Recreati on. 6• MDC agrees to make best eff • orts to communicate with the constructs contractor regarding the Ci 's desire to • • on tY add pipin to the electri ' for future landsca .. , g , , cal ditch to allow , pe water. The labor and irrigation i in will b ' City, throw hits Park p p g e provided by 9 sand Recreation Department. 7• MDC's obligations under this a re g ement shall be fulfilled concurrent) with the development, y 8. In the event that MDC fails to fulfill i • is obligations under this agreement Ci reserves the ri ht to utiliz ~ 9 e any available legal remedy, includin actions for damages or s ecific erforman g P p ce. 9. If a suit, action, or other roceedin ari i . p g s ng out of or related to this M4U is instituted by any party, the prevailin a shall b • g p rty a entitled to recover its ~ reasonable attorney fees, expert witness fees and co ' ' • settle •• • ~ sts (i) incurred in any ment negotiations, (ii) incurred in preparin for ros • an suit ,,, , g ~ p ecuting or defending y ,action, or other proceeding, and (iii) incurred in re rosecutin p paring for, p g or defending any appeal of an suit, action or the u ~ ~y other proceeding, For p rpose of this section, attorney fees shall mean and in ' fees and " elude (i) attorney (ii) paralegal fees. This section shall survive ' notwi and remain enforceable thstanding any rescission of this MOU or a de ' termination by a court of competent jurisdiction that all or any portion of the remai • ille a nder of this MOU is void, g I, or against public policy. 1 Q, This MQU shall be construed and inte re • rp ted in accordance with the laws of the State of Idaho. The parties a ree that the co . g wits of Idaho shall have exclusive jurisdiction and agree that Ada Coun is the ro er tY p p venue. 11. Time is of the essence with res ect to the ' p obligations to be performed under this M4U 1 Z. Except as expressly provided in this M4U • and to the extent permitted by law, any remedies described in this MDU are cumulative and no ' other r t alternative to any emedies available at law or in equity, 13. The failure or neglect of a pa to enforce n • . rtY a y remedy available b reason of the failure of the other a to ob • • y . p rty serve or perform a term or condition set forth in thi ~ MOU shall not constitute a waiver of s s uch term or condition. A waiver by a pa (i) shall not affect an ' • ~ y term or condition other than the ones ecified in such P MEMORANDUM QFUNDERSTANDING - 3 of 4 waiver, and ii shall waive a specified term or condition only for the time and in a (~ manner specifically stated in the waiver, 14. Sub'ect to an ex ress provisions in this MOU regarding restrictions on transfers 1 Y P or assignments, this MOU shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, persona! representatives, purchasers, or transferees of any kind. 15. The city will own and maintain the enclosure. MDC through their contractor will provide a one year warranty on the construction of the enclosure. 16. The parties agree that the previous MOU executed between the City of Meridian and Meridian HUB, LLC dated April 25th, 2009 is terminated effective upon the effective date of this MOU. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. MERIQIAN DEVELOPMENT CORPORATION ~ BY... `~ _~.~ Larry L pschultz, Chairman Attest: Z~'~ Secretary CITY OF MERIDIAN, IDAHO By ~~,~~~~~' ~,~e rd, Mayor Attest: ,,~` ~ r '~ ' ~o ~ r • +^ ~ w ~~AL .~ I A- ~M ayce .Holman, City Clerk %, p r ~s~ ~ ~~~ .,~~ .q `Q~ ~,. MEMORANDUM OFUNDERSTANDING - 4 of 4 ~~~~,, ,,, , ! ~ ~l'~~~~~~~ 40KOM~tAl~l11 ti'Or County It~rorder't U,t Onitt --~ -- EasernenC--Qrg~~Q~ i O~ ~Ct'i d. 4K ~ ~ ~ ~~o ~~Mi~+ ~.~ C e r ah'•~`Grarrt s Of _....._. - r- Air' ~~Y, of '" _.~.~ , do hereby grant sad convoy to IDAHO POWEA COMPANY, i Corporatron, with rrs principal ova lasted at 1111 W, Idaho Shat, Hoise,ldaho, 53701(P,O, Box 70, Hoiae, ID s3y0~, tt: liaasees, su~ax::ors, and sss~gas, (collectively, "Granoee'~, for One Dollar and other valuable coaiderstions, the roceipt and tufficias~r of which is hereby acknowledged, a peraaanaat sad perpetual easanau sad right of way, u all tirnet suf~lcieat is width for the iastsllation, aecuoa, cadaued operation, raslntensa-a, repair, sheration, iospection aadlor replacxmeat of the foliowiag: Uadergroand Facilitks: Underground e~kxtrial power line a Una sad rrlatad fscilitia sad equlprnent, generally indudiag, but not limped to, buried power liaee and wires, above-ground pad-mounted traaatforoters Iuac~iat boxes, ables conduica other equipment, sad al! rolsted appurteasnces, any of which may oxta~d above groand, in cabin locsaos>: to be determined w Grantee st Graatoe's tole sad absolute disastioa (alt of the above colh~ctively being referred to u tiro "Fs~iUtbs") together ~`'~,, th the nght to pewmit the attachment sndla use or piacemeat of the wires lhctures cabk~t and carrdulu of other campsniq or parties (all of the same beinj included wi~ia ~ detlnition of "Fiellides"}, on, ovar, through, ueder, sad aao:a the ~~ ~ praxises beloagiag to Oranta(s} in _-- ~~ ~ _ County, State of ~..~a~o , ~ the described below, Grantee is hereby also grsnood the perpetual right of ingrate and egress ova Gnator's other property necessary for the Rrll and wmplete use, occupation, and eajaymdit of tfia essemeat hereby granted, and together with ail right and privilege iaadent thereto, inchding, but not tnn~trd to (~ the nght, at Oratee's expense, to excavate and rei~ll ditch sad inncl~ for the location of tha F~ilities, (ii) the right, st Gnutitee's expense, to cut, trim, and naavo trees, brush, bushes, sod, flowers, shrobbery, overhsaging breaches sad other obdgvctioas sad improveraents which may injure or interfere with Grantee's use, occupation, or en,~oyment of this easement, and (iii the right, at Grantee': expense, to iastaU, construct, operate, inspect, alter, mau~n, rtplaa, improve and eepair any and all aped, of Grantee's Izsalities ovar, through, tinder sad across the lands subjat to this easement. 11ie location of the asement sad right of way granted herein it daaibod ss follows; ~.•.- .~-~t~ ~ At +t+4~c~ ~or~.t. Oraator shall sot alter the glade a ekvatioa of the land within the right-of-way existing oa the date hereof through exavations, grading, insullatioa of hams, or other activities without the prior written approval of Grantee, Graraor shall sot place nor build any structure(s) within the esserncnt area except fens: sad excxpt as odtawite a~roved by Graotea in wridn 8• This F.saemeat shall run with the land and be binding upon the pmia' succesaas utd assigaa. Executed and delivered this day of , ~, Checked by _ Work Order ~ Sigr~re(s} of Grantor(:) Include ' when oPplicable): Y ROW033 i~JO~ Paps 1 s~2 EXHIBIT A-1 Person Aeknoo~rleci~la~ Irutn,nalt UnkAO~-n To Hotu~y But Proven To & The SI~er By Set~Gicd~ry IdattBatiol, STATE OF ~ (,~ COUIVTTY OF ,,,,_~~ ss. On this d+~y of ~ ~ v ,t before me of 's Nano ~ ~~ ~ i notvy public, personsliy eppeerod ~d (lndividual(sj Name proved to me on the buu of ' t~ifaCGOry- eY1deA0e tp bd the person(s) whose >same(s)~ subscribed to the within iutrumeut, xlid aclatowl odgedtfl me that .. ~ ,~.~executed the same, (NOtARY SBAL) • ~,..,..~ eo a f ~~ ' ~ ~~ ~ ~~ I + ~ R ~~ i ~ f ~ ~~ ~ •~iT1'i'i1•~~ Notuy Iotiblic My Commissi~ Expbros on ~ .- ROW 033 (907} Ppo ~ of 2 EXHIBIT A-2 l+tBNNISON FODRBA,,KC. ENGINEERS • SURVEYORS • PLANNERS ~/e/~ooe ffiddbit "A" Pawer Lie B~aa~nt P~o~ectNa 2~6 Apo~-ar lima aromontloc~ed ia~eNBU4 af8~e SWl/4 o~'Seotiou7, T, 3 N., R 1 B.M,,c(Sctyyo~'~edd3~o, Adt , ~ ~ ~ ~'~Y ~g po~ronoot'La~4mdS,Blodc2, At~dedP~ta~'Ad~q~BodcZ,P~eS1,Pl~trooo~~ aF~ddAdt mane~r~a~dydeimUatu!'ollar~; Ca~rtybe~ng aoQamenai~ttt~adbc~taap~~~o f~ oaa~arOneaf~rtl~oA'~aaoendd~eomta~me~g~g gt ~ s 88°43'11"$ tdirdaoeof384.28 f~etanaid ~ ~~ ~ ofE~rtld~6oAv~atoebafo~md ~n p~tafn~ta~eo6oaofd~oaaOarI~eof F~tT~ud~neataod '"~ amba~eal'~tA'o+ax~o~ Tbeo~oetbetdq~of S Ol'~l'SS'~, td~r~mo~oof 16Q11 fOataoardoaaMrlinao~8~t'~ ~aetbtpoi~ Thaaoetbarciogg o~'N 88°42'40x' ~,i+~'136.85 f~ootaa~~bo~y~Lo~b l 4af~dBioat2 AmeacjedPftt ad~R,ov~A~di~onmd~eaaoedyaacle~udanffi~a~oofb tpo~Otaa~e~Ih bovadu'yaf~ud~at 4, ~odc 2, Amended Pbtcf'Aarr~nAddBioabeioa~oT~ Po1HT Olr , 1"b~eoaetbacb~afN 88°4~1'40r' W, a d~oaeof?3.14 feetoadr bctmderyafeeid Lo~4eod S, BbdcZ,AmaododPl~to~'R,o~n~b~poii~Tluoooabe~ot'N 0039 33"B, a of 9.00 Sea~tto apoa~ Tbemoe ibemggof$ 88°4Z'40" $ ~ of23.Z4 ~etbapoi~ lbcooeabeern~of8 Ol°1?'?~4' ~V~ t~oeof9.00 ~'o~etbibe oP G. a~+m~aot oan4t~208.75 ~. ~, m~oee a1ap, ~H ~ ~x~t ~., suI'T1E X40, , IonHO t3iti ~ ~ X01-!lMZ440 ~a 20l~f?i-=4~1 ~ tfon~,co~ ~a~ • utuac EXHIBIT A-3 '~ ~~ ~!°~~ o~~~~ ~~~ Er e r ~# ~E aElp~ - -...._ ,~ s~N17 I ---~.._....~.~--_........ ~' ,d'1' • ~ A~'NQEn PUT AR' ~ f ?t?MA~9-1E d~ v,W ~ I ~ 60aK 1, PAQF Jo 3D G! P11Q~- ,, ~ a ~° ~ ~N $ ' I ~- f .~ s o ~ ~' I~ ~, _ _ _ ~ E.r- .. _ -. _ ..... ~ ~. ' ~~ i ~~ ~~ O 0 f ti ~ O ~ ~ vy e' ~~ . , ~,,,,,..,~ ,.. ,.. i ~ ~ ~ I ~ ~ i ~a~ ~ ~ ~ ~ •$~ g ~ ,~ ti ~ ~ ~ ~ b -~•~w~~. .. '~ 1 '~ I ~ ~: ~ ~ r 18 ; w m ~ '~ ~ , ~ $ ~ ~~ ~ ,~~ N ~ r r '`+ y ~ v ~~ ~ ~~~ i v N d, +~ , ~ r ~ b --~' - -- ------1 M ~ ° ~ ~. ~ ~ ~ ~ 1~ OI i~ ~~ ~ ~ ~~~' ' ~ ~ $ ~ ~ ~ soy ~r~~w ~za ro' .. '~~ .a: r~rr~ sr~~rr ~'~1~': ~ _ Sn17f'~`W 1QQ 11' EXHIBIT A-4 FiLI PIPE WITH CONCRETE, ROUNp TOP .~ I'-6` w ~~a PRO4~E 'EUI~?SEAL` (OR ~ JIPPROuEO EOflAI) JOINT ,~ ~ SEAL~WT At . OONCREIE/ASPHALT T ~ E%PAILSION JONiT AS ~ SPEC~IED , RaIrFOR~o ~~..~ . '1 ,~ ~ Q r b ~ ~, ~ ~ ~ .~ ~ ~ , • f ~ ~~ 1~ ~1~ ~~ i i\~ ~ ~~~ ~ \~ ~ .~ . ~ ~ ~ 4 f f 4 t0 6` b' 6' •. d~S. 1. REFER TO• PLANS FOR EXACT 80l.LARD LOCA110N,S. 2 lOCJ11E BOItAROS TO ENSURE NO CONDUCTS WIT}I GATE Steel Bollard 6" SgiEOUIE ~ STEq, PEE SET N CONCRETE FOOTWG. PRIM AID PAWT AS SPEC~IED. Ca.OR PER ARCENTECT ASPMAIi PAYNG PER PLWS CONCRETE FOOTp~ SMOOTH FII~SH, SLOPE TOP' TO EHSURE POSlTiVE ORA~tA(,'E COI~ACTED St18t~tAAOE EASE COI~SE AS SPEC~O s~ >rTs EXHIBIT B-1 ~~ ~~ ~~ ~~ ~~ ~~ s~ ~~ ~~ ~~ ~ _< ~~ .~ .~ ~~ ~~ .. ~~ N s ~~ Q~ a d ~~ ~ ~ c~ m g Y ~' .c 8 ~ ~; N t N x w i i~ ~~ __ /~ a ~iS~ _ _ ~ -,.... n N r r ..~ C= ~ ' ~ 1 ~ ~ r ~t x ~' ~ ----- «--' "'1 yvZ (~ Z~~ ' z 3~~z r N •~<~~Q< • ~ ~~~1~-U"~O W W~WV~Wt1 Vddt NM~•p~WW=~W W x y iv t •J OG "~"'+ ~~~WvWia>3 o=oh za ' IoW .a~o i~=~~~Fo C W~~ ~Y~~ ~~ ~~~~-° ~_~ d_ ~z o csZo~~o~~ ~ zN~.zz~ ~~~ ~~o ~ ~~ ~~~zz~~~ ^~41NM~ttitlO •-~.-NNNNM} ~, I M i F M~ W w .. . ,w 0,10 1 ( ~ 'V 11 I i ~ ~ j. ~• PRE-CAST ..I I.-~ CONCRETE ORIPS TN ~ ajl ~t . 1~ -' S" SPUT- I iACE C>r+U ...a _.... C11U-3 dl 1 ly+ (t~ ~5 9AR 0 I1 2~' O.C. - ~. j~ ~ VERTICAL ~. ,....1.~.... ;~ ~ • I I ~ 1~ I ~ I •Z riZ 01I iN ~1 II ~ i A" I) i , ~~ ~ I~r ` ~ ....I .j... (2) ~ tIARS - `~ i i 4, o~+~s e 11 . .,~ i 11 ":~~ °:y„ II :. II i~ 14 rl r1 ~ (Z? f S BARS - .._ ~ CONTINUOUS .~ i ~ ~ ~ ~r___ 4" CONCRETE '' ~ I ~ ' ~ StA9, WITH I I. ~ I ~ i~c6 W1.4x Wt,4, SLOPE +~ ..... ..... `a i0 ~ i TO ORAIN , I ~ ~ ' ~~ 4" GRANULAR I I M ~ .... SASE 11,E ._., . ~ # ... ~ ,._....4 ~ . .... ;i _. i I ~__. 11 ,i . ~ t~ _~ , i ~ I M ~ , I i--F I I_ aI ... '~.......~i 1~I I iIiI ._.~ _ii ........ ~_.... (f .. "111 ~...-.' ........ #" 111 , ~ ;,,, ~•~" ._t'.. . .: _ . , _.. .. .. , .., i! ~- .. ... _ . ~ . I .... ~. ...._ a .I y ; .ill...... ..i " ~ II ... -~. 1 ...... a All ~~ii.......~~ C :_ ~ ~ ~ ~ 11 ~ 3 - "~ i I .. . ~. i I ( `d -.. ~Yt __ . ,.f j~.,~ : -~4 ~- ~ ~ Iii--~~ .•? tfl.- -~ _.- Iii- - I,---k~ „I ....... .......~~ 1~ i~ i ...--~-~. -~ f l~1. 18 ut~i~ enclosure waq EXHIBIT B-4 MERIDIAN DEVELOPMENT CORPORATION THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN Resolution No.11-006 BY THE BOARD OF COMMISSIONERS OF THE URBAN R N E EWAL AGENCY OF MERIDIAN, IDAHO, A/KIA THE MERIDIAN DEVELOP MENT CORPORATION. A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN IDAHO, APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU} REGARDING THE CITY COUNCIL APPROVAL OF THE IDAHO POWER EASEMENT IN CENTENNIAL PARK BETWEEN THE MERIDIAN DEVELOPMENT CORPORATION AND THE CITY OF MERIDIAN (CITY), A POLITICAL SUBDIVISION OF THE STATE OF IDAHO; AUTHORIZING THE EXECUTION OF THE MOU BETWEEN MDC AND THE CITY (AGREEMENT) BY THE CHAIRMAN OR VICE-CHAIRMAN ,,~,, AND SECRETARY; AUTHORIZING ANY TECHNICAL CHANGES TO THE AGREEMENT; AUTHORIZING THE ADMINISTRATOR TO TAKE ALL NECESSARY ACTION REQUIRED TO IMPLEMENT THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth b the Urban ,. Y Renewal Agency of the City of Meridian, Idaho, an mde endent ublic bod cor orate •. P P Y p and politic, authorized under the authority of the Idaho Urban Renewal Law of 1965 as amended, Chapter 20, Title 50, Idaho Code, a duly created and functionin urban renewal g agency of the City of Meridian, Idaho, hereinafter referred to as the "MDC. WHEREAS, the MDC, an independent public body, cor orate and olitic, is an ur ~ ~ p ~ p ban renewal agency created by and existing under the authorit of and ursuant to the ' ~ ~ y p Idaho Urban Renewal Law of 1965, bung Idaho Code title 50 cha ter 20 as p , amended and supplemented, and the Local Economic Develo ment Act of 1988 bein I P g daho Code, Title 50, Chapter 29; as amended and su lemented collective) the ,~ ~~ , pp ( Y Act }, WHEREAS, the MDC was established by Resolution No. 01-367 of the Ci • .. tY Council of the City of Meridian, Idaho (hereinafter the "Ci Council" ado ted Jul 24 tY }, p Y , 2001; RESOLUTION N0.11-OOfi -1 WHEREAS, the City Council of the Cit of Meridian Idaho the " i " Y ( C ty ), o n October 8, 2002, after notice duly published, conducted a ' .. public hearing on the Meridian Revitalization Plan (the Revitalization Plan" }, WHEREAS, following said public hearing the Cit ado ted its Ordinance - Y p No. 02 987 on December 3, 2002, approving the Revitalization Plan and ' making certain findings; WHEREAS, MDC entered into Condominium Reservation A reements with th Commu ' ~ g e n~ty Planning Association of Southwest Idaho (COMPASS) and Valve Re Tonal Transit VR y g ( T) reserving condominium space for purchase b each enti in a buildin to Y tY g be constructed by MDC (Broadway Building); WHEREAS, MDC is commencing construction of the Broadwa Buildin Pro'ect which re Y g ~ quires certain underground utilities be located in the alley between the 6roadway building site and Centennial Park; WHEREAS, the City previously entered into an MOU dated A ril 25th, 2009 with ., p Meridian Hub, LLC, a defunct previous owner of the pro a owned b MDC south of p ~Y Y Centennial Park; ,rte WHEREAS, current and future development in the area of Centennial Park requires the installation of underground utilities and the locatin of sector and g transformer boxes; WHEREAS, MDC, the City and Idaho Power have proposed to locate the sector and transformer boxes in an area of Centennial Park adjacent to the alle ; Y ,WHEREAS, in order to accommodate the location of the sector and transformer boxes in Centennial Park, Idaho Power will require a utility easement for execution b . ., Y the City of Meridian as Grantor; WHEREAS, Idaho Power will development the location and dimensions of the utility easement during the construction of the Broadway Buildin Pro'ect and said 9 1 easement is anticipated by the City, MDC and Idaho Power to be in approximate) the Y same location and roughly of the same dimensions as the previous easement ranted g by the City for the HUB development; WHEREAS, the location of the sector and transformer boxes in Centennial Park reduces the usable area in the park; RESOLUTION N0.11-006 - 2 WHEREAS, the City and MDC desire to coo erate in the construction and p maintenance of the facilities to protect the transformer and sector box within the utili tY easement, and WHEREAS, the Board of Commissioners finds it in the best ublic interest to p approve the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERI IAN D , I DAH 0, AIK/A THE MERIDIAN DEVELOPMENT CORPORATION AS FOLLOWS: Section 1: That the above statements are true and correct Section 2: That the board confirms and ratifies the need for the A reement . 9 with the City. Section 3: That the Board determines entering into the A reement with the . 9 City is in the best interest of the MDC. Section 4: ,That the Agreement, a copy of which is attached hereto as "Exhibit A"and incorporated herein by reference, be and the same hereb Y is approved. Section 5: That the Chairman, Vice-Chairman, and Secreta of MDC are . ry hereby authorized to sign and enter into the Agreement between MDC and the City and ,further, are hereby authorized to execute all necessary documents required to implement the actions contemplated by the Agreement subject to representations by MDC staff and legal counsel that all conditions precedent to actions contemplated in the Agreement, and any necessary technical changes to the Agreement, or other documents, are acceptable- upon advice from MDC's legal counsel that said changes are consistent with the provisions of the Agreement and the comments and discussions received at the March 9, 2011 and March 23, 2011 MDC Board meetings. Section 6: That this resolution shall be in fun force and effect immediate) . Y upon its adoption and approval. RESOLUTION N0.11-006 - 3 PASSED AND ADOPTED by the Urban Renewal Agency of the Ci of Meridian .. tY , Idaho, a/k/a the Meridian Development Corporation, on March 23, 2011. Si ned b the . 9 Y Chairman of the Board of Commissioners, and attested by the Secreta to the Board of ry Commissioners, on this _____ day of March, 2011. APPROVED: ,~ 5 1 ..w B Y Chairman ,~~ ATTEST: .. By ~`' S ary ~ RESOLUTION N0.11-006.4 Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER• $/~ PROJECT NUMBER: MDA 11-002 ITEM TITLE: Meridian Town Center Public Hearing -Amend the existing D-A (Inst. # 108131103 to include an u date p d and expanded development plan and minor edits to the text of the a reement b ., g Y Meridian CenterCal, PLC -NEC of Fairview and N. Ea le Road g MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~l~O ~ ~,~,d,r.,gS on 4 , ,~c,~ ~9 Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: $B PROJECT NUMBER: CPAT 11-001 ITEM TITLE: Comprehensive Plan Revamp Public Hearing: CPAT 11-001 Comprehensive Plan Revamp by City of Meridian Planning Department Request: Amend the Text of the City of Meridian Comprehensive Plan Which Includes the Following: 1) Adoption of the 2010 Existing Conditions Report as an Addendum to the Plan; 2) Updates to the Text of the Plan; 3) Changes and Additions to the Goals, Objectives and Action Items Contained in the Plan AND 4) A Complete Reformat of the Plan MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ ~ ~~o ~- -~o~ 4~14~~o~) ~"v Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: $C PROJECT NUMBER: ZOA 11-001 ITEM TITLE: UDC Text Amendment Public Hearing: ZOA 11-001 Unified Development Code f UDC) Text Amendment by City of Meridian Planning Department Request: Amend the Text of Certain Sections of the UDC to Include General Clarifications /Clean-Up Items; Standards for Pathway Lighting Along the Eagle Road Corridor; and Allowance for a Council Waiver of Certain Stormwater Integration Standards MEETING NOTES CLERKS OFFICE F1NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS f ~ -~-- b~"d~+~a,~e e, c~r1 ~ur ~ I I ~ ~~~ ?~jj,, Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Mobile Business Advanced Processing Interface (APIj MEETING NOTES J ~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Clerk's and Park's Department Joint Report: Temporary Uses in Parks Policy Discussion; Thousand Springs HOA Fee Waiver Request MEETING NOTES l7wf2~ '~vta.e-~u ~ ~'-'-~ ~,f- a ~e~. `~ ~ ° CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS RECFTVED MAC 2 5 Zo~a Cfl"Y O~G~f~ D;nN CI"CY CLERKS C?FFIC~ 887-7793 or 440-0660 Email: hoaconnection@clearwire.net March 24, 2011 Mayor Tammy De Weerd CITY OF MERIDIAN 33 East Broadway Avenue, Suite 300 Meridian, ID 83642 RE: FEE WAIVER -Gordon Harris Park; Saturday April 16, 2011; Noon - 5 pm. The Honorable Mayor De Weerd, On behalf of the Board of the Homeowners Association, we are writing to request a waiver of fee use at the new Gordon Harris Park in consideration of the seven (9} acres donated by our Association to build the Park. We note with real pride our contribution of the land for the formation of the Park. We also note our contribution of a lot to the City which the City then sold to the neighboring homeowner, pocketing all monies due from that sale (along Ridenbaugh Canal}. As noted in the City record and as Council is aware, it was through a series of dedicated interests and actions that Mr. Harris and our Association with our land originally sought both the involvement of the City and the completion of the Park for the entire community to enjoy. Our Board finds it objectionable to be compelled to pay fees as rent and access to the. very land we first donated for the entire City and our citizens to enjoy. We believe there must have been an oversight in the Parks Department which caused fee rents to be applied for our use, Thus, we are hopeful that upon closer review the City will find our request to be both reasonable and honorable. Thousand Springs HOA PO BOX 685 Meridian, Idaho 83642 As a non profit organization, the Association has only one event each year where we invite our homeowners and their families to participate in hunting Easter Eggs, and enjoy each others' company while partaking of some food and beverage. This year, the date set aside for this event is Saturday April 16, 2011; from Noon until 5 pm. Surely, this does not represent either real imposition or unreasonable favor to ask to use the Park fora 1-day event of 5 hours. Notwithstanding policy or other rationale, would you and the City Council please review the present fee by the Parks Department and consider a waiver on behalf of the Association. and our 380 families? Your cooperation and assistance now will materially help all our families and certainly reflect good faith and honorable consideration for a community that by our very. actions substantially contributed to the creation of the Park. We look forward to hearing from you and knowing what your decision is. Thank you so much for this consideration. You may call us at Cindy's phone: 208-440-0660 should you have any questions or wish to discuss this further. Sincerely, For: THOUSAND SPRINGS HOMEOWNERS ASSOCIATION Cindy Mendiola, President Mark Olsen, Secretary Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: ' e artment: Cost Share and License A reements with Ada County Highway Planning D p g District ACRD for the Landscaping and Maintenance Associated with the Ustick, ~ ~ Duane to Campton and the Franklin, Ten Miie to Linder Roadway Projects MEETING NOTES CLERKS OFFICE FINAL ACT10N DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 9D PROJECT NUMBER: ITEM TITLE: Plannin De artment: Bud et Amendment forwelcome Signs and Software fora Not g p g to-Exceed Amount of $b,bb8.0o MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS J March 31, 2011 MEMORANDUM T0: Mayor and City Council FROM: Caleb Hood, Planning Manager CC. Stacy Kilchenmann, Chief Financial Officer Jaycee Holman, City Clerk Anna Canning, Planning Director RE: FY2011 Planning Budget Amendment April 5, 2011 City Council Agenda Item Planning Staff has been working with the Mayor's Office and members of the Meridian Arts Commission on the design of new "welcome" signs for the City. Staff has cost estimates for the signs and is proposing to amend the FY11 budget so the signs can be procured. Planning also has a need for some computer software and is requesting money be moved from Planning's Professional Services to Electronics so both the welcome signs and computer software can be purchased in FY11. This amendment is for operating expenses for FY1 1. The subject amendment proposes to reallocate money from Planning's Professional Services budget (50-1910-55000) into: l) Other Government -Flag/Banner Expense (01-1840-53902) for the welcome signs, $4320.00; and Planning -Electronics (50-1910-54120) for computer software, $2348.00. The reallocation into Other Government from Planning for the signs is a fund-to-fund shift. The total reallocation amount is $6,668.00; there is currently $55,000.00 in the Planning Professional Services budget for FY1 1. Staff has filled out the Finance Budget Amendment Form and seeks Council approval. Planning Department • 33 E. Broadway Avenue, Meridian, ID 83642 Phone zo8-884-~~33 • Fax X08-888-6854 • www.meridiancity.org '~"~~i+ ~tt~~~ ~~~~ f/~y ~ ~~ ( _ ~ Yi w Mrww ~~~~~' ~, ~' ~~~~ w~'"~~ a~~*~ t~t~ ~ ~ ~ ~~'~~ ~L~ ,~ ~ ~ ~ ~ ,,~~~~. ~~ ~t~ "~ ~~~ •II ~~ ~L x,3,1 ~ ~ t ~' ~ ~` ~? ~~~~ ~ ~ ~ ~~~ t~ ~~~ ~j~~ ~' ~' ~ ~ ~ ,~ ~ ~..., ..~ ,~r. ~u ~" ~~ ~~ t~ ~. . c~ r~ ~ ~~ ~ ~ i ~ Cl tU ~ ~ Nj 0 ~i ~ ~, E a t1~~ ~ ~.. ~" tU ~ ~» rl.~~.,~~~ ~i W ~' ~ a ~~~ C ~ t"~ ~, ~ ~ ~~ ~~ ~.I .~ ~ ~~ L~.~.y' V ~ ~~ r""nM ~ ~ ~ ~... ~ ~ t~ C7 ~Y ~ ~ , -- ~; ~. ; ~ t~ ~ ~. U~, ~ ~k ~ r~r ~ '"M` i ~~I ~' ~ ~, ~_ ~` (~1 ~ ~~ ~~ w ~. ~ ~ ~~ ~~ ~IIR y /fir,, kV t"'h ~, ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ;~ ~,~ ~ t~~~ ~ } ~ ~ Qn ~'" '' ~'~~ BCD ~ ~ ~ ~~ ~ ~ .~ ~ ~ ~ ~~ -e, ~ ~ ~~~~ ~~~ ~~. a~ ~~! ~~~~ ~~ ~ ;~ ~ ~ ~ , '."" 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C. ~ w ~ e ~ , ~ ~ ~ ~'v~ ~i ~~i. i YYi1~^ p ~ y / ' ~ y yvyy' //Y~~~.'.'(~ ail ~ ~ ~y ,~!•Fiik• "+e. ~ ~ ~ ?~+ L.J. `~ ~y~~,, ~ ` ~ :'e ~ ' ~~~kL~ k~ ti ~ ~ ~~-0~'# t ~{{;; , y ~~ //~y ~ ~+~ /~/~p S i / J (1 1RYY afM M ~'yfy}M~ r jf •( Y• qg w fr'1"~ Q !n"P` ryd'y /'h y.' /+r~~M~"• l1 v.~ `A,i Y " ~" ~ W r +xiyq ~ 3 ~97 `bFB' ~ f ~f. ~b0 y y / 2A ~ ~y;A' ~ :tai - .. n'I't3 }~ z :. ~ Y Y ~ y y ~ V ~w~,, iii r~-~t . ~ j..7 "'~ '~~ ~ ,. Z b6 H ~' ~. ~ f ~ •.. p °'w~ d ~°Y~~" as ` ~f ~ w / ~,r~ ~ ~ ... ~ F S h` w eq.• ~'~~ n ~ ~q V ~ ~ ,34' ~ ~ N C ~ .~ ~. ~ ~' (~ C ~ t1'? N.~+ ro ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~" ~ t~ . ~+. ~ ~ ~ 't3 ~ ~ ~ ~ ~ ~ 4 ~ ~ ~ ~ -». ~ ~ -+, ~ ~ ~ ~ ~ ~ ~ ~ ~ C? ~ ~ ~~ ~ ~ ~ ~ ~ C n ~m/~ ~ ~~y .J ~ ~ Y fi ~",.r.. a ': ..wf i5f fr+y •rMi( Y `vrw~. 'w Y~~` ~ ~' * 'q~ ~ '~ ~~ •..~~ ~:~ a~~'~~y,~~3 yeu< x W(ur ~~,,t,*, ~" ~~ ~~~ ~~ f r~ ~~~ ~'~' ""'~ «~ r~. '~' '"'~ wro ww• ~` NMw • Y w. "~ ~_ wsr ~~~yy ~Y /~/~ V~y~ Yf ~rwr y~ S~ \ l ~h!!.~. * ~~ ~'~,w ~ ~ ~, ~ w"k•: f'h ~•~ V ~i11{'~• i f 1 'y~ } 5 i ('~ ,, ~Y ~ M1 ~ ~ N ~ CCU C7 ~ ~ ~i ~~ {y ~» S ~ , `' ~~ •» •s ~' tD ~ ~ ~ ~ ~1 CJ ,.~ ~." "~ .. //~~`~ Li/ yri //~~y W a.y w.• V tid. .n~f ~w. \ ~. ,. • Vii ..^ ~~ qq ~~~~ M1 W J'. : x W ~~ } Jy .. r~. ~ ~: snip ~I /~^~~ Nx `~„~ ~ ms's t, ~~'A ~,~:: w.J ;y... .,. w ~ ~` Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 9E PROJECT NUMBER: ITEM TITLE: Continued From N~arch 22, 2011 -Planning Department: Eagle Road Safety Im rovements Re uest Letter to the Idaho Transportation Department (ITDJ p q MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~6 ~^.~. or,q ~na~ -b C~I~e.b ~I MayorTammy de Weerd City Council Members: Keith Bird DIAN ^' Brad Hoaglun L ~ Charles Rountree ~ D A ~„~ ~ David Zaremba April 5, 2011 Dave Jones District 3 Engineer Idaho Transportation Department 8150 Chinden Boulevard P.O. Box 9028 Boise,, ID 83707-2028 RE: Eagle Road Safety Improvements Dear Mr. Jones: ~''"r~ ' ' n is concerned about safet and congestion along SH-5 5 (Eagle Road). City The City of Meridia Y with ITD Staff to discuss ways to make this key State highway safer and more Staff recently met ' 'n ublic. We have a list of ideas to improve safety on Eagle Road, and efficient for the travels g p bmit the followin comments and recommendations for your consideration. su g • it re uests ITD do a s eed study on Eagle Road between I-84 and Chinden The C y q p levard durin eak traffic hours. This five-mile stretch of highway currently has a Bou g p sted s eed limit between 50 and 55 MPH. Of the top 20 highest accident rate locations po p 'n Meridian 11 are alon this section of Eagle Road (see attached High Accident ~ g ' n Re ort from 2010 . There are several driveways in this stretch of Eagle Road Locatio p ) and lowerin the s eed limit may help to both curb the number of crashes, and create a g p consistent speed limit in the corridor. • rt of the Ea le Franklin to Fairview Pavement Rehabilitation Proj ect that occurred As pa g , 1 st summer ITD installed "No Left Turn" signs at some of the driveways along Eagle a '• ~ ~ `~ ' nl " si ns would be Road. The City s Police Department believes that Right Turn 0 y g more effective and enforceable. Please look into changing out and adding additional Ri ht Turn Onl si ns at all non-signalized streets and driveways along Eagle Road. g Y g This consistent will make this stretch of roadway safer and easier for enforcement to Y occur. • Please consider installing candles-stick cones in the center of Eagle Road at non- si nalized intersections, such as: Olive Drive/Florence, Lanark, Commercial, Bald g C ress and Presidential (due to intersection design and traffic volume). The candle- ~'"~, Yp ~ -out turnin movements stick cones could be an effective, physical barrier preventing left g onto Ea le Road. Unlike some of the other major intersections that are signalized, these g Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-884-8116 . www.meridiancity.org Dave Jones Page 2 • roved with the addition ofcandle-stick cones to ~'~`` mid-block intersections could be imp revent left-turns onto Eagle Road. . • p Pavement Rehabilitation project was • when the Eagle Road, Franklin to Fairview • r medians were not installed on Eagle Road. It is our completed last year, cente , . irview Avenue ' the avement rehabilitation project between Fa understanding that when p laced on 4• CN 2013 in the STIP), center medians maybe p and SH-44 occurs (Key # 1204 , . • tandin that these medians will look similar to the Eagle Road. It is also our enders g • 'n Road• can ou confirm this? When center medians existing medians south of Frankli Y • 1 ok at retrofittin the mile between Franklin and north of Fairview are installed, please o g • ell. The Cit su orts the installation of center medians on Fairview with medians as w y pp . - he ed a of Meridian City limits and would like to be Eagle Road from north of I 84 to t g included in the design process of the medians. • -turn ba at St. Luke's Drive often stacks back into the • The southbound to eastbound left y ' ' 1 for rear-end collisions. The City requests that ITD look through lane creating potentia • ba to accommodate the volume of drivers turning into the into lengthening this turn y hospital and area businesses. kin with ou and our staff in making Eagle Road an improved we look forward to wor g y y ' ' ' or throe hen ineerin and enforcement of traffic laws. If you have any questions mobility corrid g g g ' 'ned in this letter lease contact Sergeant John Gonzales, 84d-7397, regarding the requests contai ~ p - 72. As alwa s we a reciate your consideration and support of andlor Caleb Hood, 489 OS y ~ pp ' at benefit the citizens of Meridian and the State of Idaho as a whole. prod ects th Sincerely, Tatum e Weerd Mayor Cc: Meridian City Council Meridian Traffic Safety Commission Jeff Lavey, Chief, Meridian Police Department Kevin Sablan, ITD Staff Engineer Attachment ~~~~~~~ ~.~;c~i~~~t I.~a~:~t:i~~ ~.~pc~rt ,,,-~ High Accident Location Report :e~c~~ ri~ri~: ~ ~o~.~.tie~:.~.~a~ ~~~~~: ~r~i~n, ~~c can the ~~b~r ~~' r~she~ ~Jse~ n~~t~W~~~te~~~cti~~: ~~l~t~~ ~~~~~~~ tJs~ i~~t~r~c~~i~~ ~~~at~~~ c~~~sh~~ ~~t~ .~rc~n~: ~t~ 1. {:l ..... _. ..w...~.. ~"1~} p } s~Jbl~~i,~ ,,.. ,... ... ...:. _ ~ aspQ ~~1ir~~~ ..., ..:.....::::..::. y~}v~ ~t ~ll ...... 2++~.s i ~ll{.~~ ll ..... ........... .. rye ~y, g^~ ~y ~~311~{~~ ~~ ~~13i~{~~• ~~~ . ...... .. . ~'`~ ~.~~fA~~ v . ~Y 9 ~~~~~~~~~ ~~tL~~~bi~~ ~1~•1.~~1ir~ ........ .. ... y}~t~ ¢ ~Q ..... ~~"^ry ~~}y {~, .. ...........r. ........... .... .... .......... ....... ......,. ........ Y+~~ pp '~.fCI~~V ~~ 3993 f~ ~~`{y f~ ~d ~~~~ .L ~,U .... ~~l ~reil~~~ ...,.. , . I ],~~ .. .,v..:,,; ..:...: ~~ ~ ,,~:.. f ... .. ::.,. ~ f. p, } ..,.. , .. ....... .. ...... .. .......... . 5 r ~~!! 4 i {f~j ~J~ t ( 3 t ~{ .. .. r, :..,..... .....:.... ...N,. :. ,., .,,., i .r~tL ~ .::. .,.;. ... ......:. , .., $~+ ~L.Il~~~Vir' ~~ ~~~~.1~1~. ..... .........., . t 1~~LL . ~ .. ........... ,...... ... .. ..,...... ,.,..,.. ... ..~.. ~ ~ i ... .... ..... ..., L iil~Y~'L~'1'~ ~YL~ i~..filL6~`7l~ ~..~iL1Y~ ~id E.tY[K~+tl\~~~.~.11 ~~tF(.L ~~ ~ ~~ ~ ~ i i V~ ~l~ ~~ ~A.~.i. -r ~+~~~~~~ '.(. 7~~4L3 d. 4f V ~ ~~' [( ?A. ~~ ~ ~JRi /J~ f.3.Si~ ~kw #~.~.1 ~1.4i f.1+f.~. .... M. ~, .. ~l .k~~ ; :.. Mfg.: ... ... .~ 7 ~ 333 ~: ~~ /.~~~.i. T ~V~7 4 f. ~rV ~A\1Y~iJ~~.~l ~ 7 Y £A ~' •.~~~W~~r~~~. e~.~~A ; ~. ~ ~ ~ f ~1 ..:.. .., .: , ~ff 1~y x~ i~~1~1834~~~i~ ~~~ : ,...~. .: .... .~..~ , ,,, ,,,.,v.w.......~,.~ t~ i~a~~, ~i ..,,. .~.. ,..,... ... ~}~ t!~ri ~1t~a~~lt~lt . .. ..w. .v..,... .:., a~ r~r~ ~"]~kii .v .......:::...:::::: •. . ...... ~ ~ .. 1 ' rr~~ pp~~ ypq~ q~p ~~~,(~~EVI.~'~' ~.Y~r ~f~-y ff ~ +,a'Ylii~l~. ~~ : . ~~~~ q r~q dYA1/.~.7~~531~ : .. ~}~~~ ; ; : ... ~.~ ~a @ :. ~~~ ..:..... .. . ,., .., .. , ,,, ........ ,.. . ,f ,: ., .... ,, .. ~~~~~~R V~I~WIY IrA~ ~~.~~A~XFM.iI ~~ .f~Y'~A `~~Wi~ A A+M.~ A.~+ ~/~. \f ~~. l ......... ...... . ~..v.x.. .... ..., ... /[~'~y."..... `]~]'' .. .... ..y.~j..`..`1j~~ ~»~ .vnw.. .. .:.: ..~ i... ;... .:..; n.~. ... . .. ...... ....... n.. .... nv • n ~ ............~... .,, ..... ... ..... ..... .... . ~: ;.• . .. .. ~ ~ ~~... ... .: ..... .. a :. ~ . . ~ . .. ... .. . t.. ..u: my ...... .;.. Hnnn.:.~ ..... ... . yr~`~ttryry ~{y] ~~,l u~dl~l~.~ ~.~ ...... ..vv,..n~, ', ~.. ., ~..n .~ ~~ ........ {..... .vn~. .v.n+. /i.r.i.,. .a. n n.v.. j 4 r] }~(y `~ y~q f~ }"} f..xr~p~~.t6i~ It\L6. £~.~11~~'F4~41 z~~~~. ..x.;~ ... wnv uuwn....vw.r.v... .. .. .. .. .... .r i. ., ~ ......~..... ~.~..~, N w~ ~~ f om; xv.m~n..v..nn . n..n.i n vn~ ... f 3 i V"T ~ il`i~ ~ J t 3.~a.L.1 14i1U.~~ .: `~~xb .~ .. k, . ~ : :.:..::.:., ,.,v.,,,.,..: , ....,.:. .................. . ..:,,..,:,... ~ J S t~ ~ ... ~ . i .. .n :.......... ....a ~Y.O ......v. .~~~a~~~ ...... ... :........ v.. .~ ..:.. .. uxnv. nvv. ..»H~.v . :.nvn».,,. .,.-. ...... ..~. .i~~iN. «... i. ....n . .:.t .. .. .. .~i..:. . ......... .m ,. ..n, ...~... na ... .. ~. »,,,r . ,.. .w w. v... n.. ..... .. i.. nvm+r~n ,.. ~ n .~.~ ... ~, ~.a.... .. .. w. ... ....~n i ~~n..~xw.~ .. .. v .r ...... i. ., i. .....v ....n.. .. ~.,, ~....... .,. ....... i. .. .. ... ...... i ann. i. r .~..... .. ,.. ~ n...n .,... ... n. ~inv~n ~.. .... ......~ March 22, 2011 Dave Jones District 3 Engineer Idaho Transportation Department 8150 Chinden Boulevard P.O. Box 9028 Boise, ID 83707-2028 RE: Eagle Road Safety Improvements Dear Mr. Jones: ' ' ' ncerned about safet and con estion along SH-55 (Eagle Road). City The City of Meridian is co y g Staff recentl met with ITD Staff to discuss ways to make this key State highway safer and more y efficient for the travehn ublic. We have a list of ideas to .improve .:safety on Eagle Road, and gp submit the following comments and recommendations for your consideration. • re uests ITD do a s eed stud on Ea le Road between I-84 and Chinden The City q p Y g Boulevard Burin eak traffic hours. Thisfive-mile stretch of highway currently has a osted s eed limit between S0 and 55 MPH. Of the top 20 highest accident rate locations P p in Meridian 11 are alon this section of Eagle Road (see attached High Accident g Location Re ort from 201 ~). There are several driveways m this stretch of Eagle Road p and lowering the: speed limit may help to both curb the number of crashes, and create a ...consistent speed limit in the corridor. • art of the Ea le Franklin to Fairview Pavement Rehabilitation Proj ect that occurred Asp g , last summer, ITD installed "No Left Turn" signs at some of the driveways along Eagle Road. The Cit 's Police De artment believes that "Right Turn Only" signs would be Y p .. more effective and enforceable. Please look into changing out and adding additional Ri ht Turn Onl si ns at all non-signalized streets and driveways along Eagle Road. g y ~ This consistency will make this stretch of roadway safer and easier for enforcement to occur. • Please consider installing candles-stick cones in the center of Eagle Road at non- si nalized intersections, such as: Olive DrivelFlorence, Lanark, Commercial, Bald g C ress, and Presidential (due to intersection design and traffic volume). The candle- Yp stick cones could be an effective, physical barrier preventingleft-out turning movements onto Ea le Road. Unlike some of the other major intersections that are signalized, these g Mayor's Office • 33 E. Broadway Avenue, Meridian,lD 83642 Phone Zo8-888-4433 ^Fax Zo8-884-8116 • www.meridiancity.org Dave Jones Page 2 - ' ntersection could be im roved with the addition ofcandle-stick cones to ~ mid block i p revent left-turns onto Eagle Road. p Ea le Road Franklin to Fairview Pavement Rehabilitation project was When the g m leted last ear center medians were not installed on Eagle Road. It is our cop Y ~ • • n Fairview Avenue understandin that when the pavement rehabilitation prod ect betwee g rs Ke # 12044 • CN 2013 in the STIP), center medians may be placed on and SH-44 occu ( y Road. It is also our understanding that these medians will look similar to the Eagle medians south of Franklin Road; can you confirm this? When center medians existing irview are installed lease look at retrofitting the mile between Franklin and north of Fa ~ p duns as well. The Cit su orts the installation of center medians on Fairview with me Y pp oad from north of I-84 to the ed e of Meridian City limits and would like to be Eagle R g included in the design process of the medians. nd to eastbound left-turn ba at St. Luke's Drive often. stacks back into the The southbou Y h lane creatin otential for rear-end collisions. The City requests that ITD look throug g p into len thenin this turn bay to accommodate the volume of drivers turning into the g g hospital and area businesses. kin with ou and our staff in main :Eagle Road an improved We look forward to wor g y y g corridor throu h en ineerin and enforcement of traffic laws. If you have any questions mobility g g g re ardin the re uests contained in this letter, please contact Sergeant John Gonzales, 846-7397, g g q d/or Caleb Hood 489-0572. As alwa s, we .appreciate your consideration and support of an Y hat benefit the citizens of Meridian and the State of Idaho ~~ a whole. prod ects t ~. Sincerely, Tammy de Weerd Mayor Cc: Meridian City Council Meridian Traffic Safety Commission Jeff Lavey, Chief, Meridian Police Department Kevin Sablan, ITD Staff Engineer Attachment High Accident Location Report r-., High Accident Location Report ~ f . , Number Of y ......:::::. .. .:....... Number Of : Number Of Streetl t Street2 k Clty County ~eCid~nts ~ Fatalities ~ Injuries #`a.~rv~ew Avg ~~~ri~.~. ~ ~ R~ ~ . .. 't ~ f ~:R~ g . ,..... . , i~ 'Frixk~n Rd ~ .... ........ ... rid~~n Add M ... _ , ..... ...... , .. ~ ......... t ~ . ,w ~....», .... . ..:: d F~~ R st~e~ Rc~ . .... Meridian ~.~a _ _ ; .: : ~ .~~. ,~....~.. ~ ........, . . °~ ~.. . _ t~~ Ave .. ~ . M.er~dl .~~ 2~ Rd ... g , ~L~nk ~t .. .. .. Mer~dl~,n ;Add - .. . ~~ w».. , ..... ... ...... «~.n». . ~; »» ...... ............. m....... » ..wm....~. m .....~.» ..... s:....~.~.~ m»: N .....:......:.....»..»...». Eagle Rd ..............~... ...... Overland Rd .. ,. d . Meridian ~A a . . 24 0 15 ~~.».......~ Mend. iAd~ '' airview Ave ~ ocust Grove Rd ... ... ...... ........ ........., .... Meridian ;Ada .:... . . . . ............. ... 19 ° .. .,:....., N».........~~..: ~..,, ~.. ,~ 0 ...., .... ............,..........n.~..nm»~.. . l wN m~m ~......»mm ,,,~. I 84 4 MP 5 . . ... .... . Meridian Ada ~ : 8~ ............ ...~ .nvk... . . .. .. . 0. ... ~.~...~....~w.~.k.~.».~k~,~ ...n.... ..m 9't ........».,.....~............. ~# .:....~~.:~.w ..» :.:.........:v~.: ~ 84 ...» .:.....:.,.~::.:...:.:...:.::.:::.::: P 42 :- .. €N. _ .... . .~ ......~ .......MV.v...»v.M~...n .. fMer~dlan Ada ... . . ~. » . .. ..... ....... 1 7 0 ...................... .. 3$ .................. ......... I...... .... , ;Fairview Ave ......:... ........ E ERecords Ave .:.... .........._.......... .. .:Meridian ,Ada ... ............ . ..... .... 15 . .............. { ,.. ,, .,,, f „ „ ».. ,y„ 4~ r~~~t ~ ~ a fie' Rd :.Merld~~n Ada _ .. ~~ ` ~ ~'~ . .~ », ~ . ............. ,~.h..v~.... ....~N.» :v......::.: ....»::. , ~...... ......:.. ;Fairview Ave Main St .. .».~.dl....».v.N.~.. sw.~.».v~...v..M.w.M..v..»~...,. .. .. ,;Merl an ;Ada ~ ...». ».. ~.....~........~...~....... w 1 4 M.»~».k~n.,~..~n..~..~..~.~..~.~........, . .. 0 . . ...~,....~. n..y......~w.. I U. ' . _~ t`~ t ...... ~~ ~ R ~.. t ....... ~~r~din ~d~. F . . ~.~ . .. ... l,. ~... w~w ...~».,~~ ................».....N....r.....n.» .' .n.~...m~...»..~.~ .. .. .~. ~ #Corporate Dr ~ ;Meridian Rd Meridian Ada ` _ ..~..~..»~:....~.Mww.wMY~ wN~.»..m~.»~,,.. ~..: ,.. ~~ _ ..~.V::..~ 13 ~ .~...~.. _ .~.~..»~.».~...~....:~.».w:~~.wN~ ; ...~.....~: ~:» .:::::.:::::.~:. ~, ~~~ ~~. ~~~4tC4~~; ~ _ 2 }~~r~x~ ~d~ ~ t3 0 f ~0 ~ ......... ........ . .................. ...... . ...... ........ ~g R~ .:. ; ~t Ln~ In ........ ... .. ... terid~~n fAd~ . ~3 { ~..m .... ~ ... . .......................»»~..~ . . t .....mm .... ~»v............... Franklin Rd Meridian Rd .. ., Meridian #Ada . F 13 s .. ..~....... .. 0 .......~w ~. v.......v v~.. ~ 7 , w. ,~» ..... ..... ....:.:....... ..v:..~ .. rv .~...~M. .: ~I 84 ~ w.... ... ,, ~ ..........:..,...:.:.....:: . AMP 43 ....:....~ ::.. :....... ~..... .. ~.... .w:........ :Meridian rAda 3 0 ' R #I ~u~~ R~ ~r~di ~~d I Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 9F PROJECT NUMBER: ITEM TITLE: Police Department: Budget Amendment for the Department of Juvenile Corrections (DJC)/ Enforcing Underage Drinking Laws (EUDL) Grand Award for aNot-to-Exceed Amount of $7,420.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~~ W I"'h V+ ~ ~ y 3 ~e {~ }~ ~n ~ V ~ y E f"~"" ~ i ""Y ~ ~ `o± u} -~^ "r ,rr. v ~ i V i ~ E r ~ ! ~~..r . ~ «e- ~rw v ~ +~ ~ i ` ~ ti,f 3 V ~ //~~yy ~ 11, ~,~/ ~ ~ ~. ~ i ~ tV ~•y~ ,~ I j3 3 l ~ ~, ~ ar. ~ . i l i ~` ~ L .i^ i 4 V ~~h .~~», ~ rh lJJ ~ ~ ~ ~ ~ ~ ~ ~~~ rte ~~ ~ ~ ~ `? ~ ~ T ~ ~ ~ ~; ~ ~ ~ ~ ~ ~ ~ ~1Y ~ ~,,~r «~«~~w ~~y~Y ~ j ( 11111 ~ /""'$ L V ' ~ ~ ~, ~~ ~ .1~L Y` !"~° ^ ~ 1 ~ ~ ~ ! ww r ~, ~ ~ ...~ ~ i ~p ~' y,~ ~ ~_ ~ ~ L ~ ' } ~ ~ tiV ~ 3 i • rwy` ~ V~ fir/ w r\~~lirfj ff ~ i i ~ ~ ~111~) ~• ~ ~1 / ~M /y 4 ~/i!~] ~ ~ wM ~ {/110 /#~1~M [ J j ; `~ Y ~ (~ ~ ~ ,,..y 1 ~ ~("~~ YAM) ~ pYNy. iill liI `~"~" ~ ~i ~ ~ ~ i t-l ~~ ~ vY~ ~ ° ,... ~ 3 arlrs E 111 " ~ ` ~ i ~ ~ C~ ~ ~ ~'i ~ ~ ~ ~~ ~'~ ~} ` ,,,,a ~ ~ ~ ~ ~ ~" ~ ~ C~ I t~3 ~ 3 LL"~. ~? ~} ' E '"'t ~ ~ i i i S I ~ t ~ ~ ~ ~ ` j f" ~' ~ ~ E t ~~ r, I~ y~ ~ M M ~ ^ ; j ~/~ ~~ ~111~ ~. 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CCJ ~~ ~~~~ ~~~ C13 Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 10A PROJECT NUMBER: {{2 ~o-oo ITEM TITLE: An Ordinance of the Mayor and the City Ordinance No. ' ' ian for Annexation of a Parcel of land Located in a Portion Council of the City of Mend ' ' ' i n Recorded in Book 4 of Plats at Page 157, Records of of Lot 3 of J . E. Pfost s S u bd ivis o , nd a Portion of the North Meridian Road Right-of-Way; Said Ada County County, a ' s the Boru Pro ert and is located in the Southwest Parcel Situated in Known a p p Y ' Townshi 3 North, Ran e 1 East, Boise Meridian, Ada County, Quarter of Section 8, p g Idaho PAZ 10-003 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~- y ~ l ~l~ _ ~~m Nta~ ~er,~-- -~ v T ~., C l ~~ ems-- ~. l ~... Meridian City Council Meeting DATE: April 5, 2011 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING 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 04106111 03:01 PM RECO DEQ `R QUE~ OF II I IIIIIII IIIIIIIIIIIIIII IIII IIIII III City of Meridian i 11028 15 ~, l' p CITY OF MERIDIAN ORDINANCE NO. Il' I"t~o BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 10-003 BORUP PROPERTY) FOR ANNEXATION OF A PARCEL OF LAND LOCATED A PORTION OF LOT 3 OF J.E. PFOST'S SUBDIVISION, RECORDED IN BOOK 4 OF PLATS AT PAGE 157, RECORDS OF ADA COUNTY, AND A PORTION OF THE NORTH MERIDIAN ROAD RIGHT-OF-WAY; SAID PARCEL SITUATED IN THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, 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 DETERNIINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT IN ADA COUNTY TO C-G (GENERAL RETAIL AND SERVICE CONiIVVIERCIAL 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 SUN[MARY 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: 2250 N.1l~eridian Road Trust. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT in Ada County to C-G (General Retail and Service Commercial 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 - BORUP SUBDIVISION (AZ 10-003) 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 full 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. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2011. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2011. ATTEST: A MAYOR MY de WEERD ,`1~~~~s1111111!(l1111 ' /~ ~i ,, G~~ TF ~' ~ o ~. ., r L ~~A w o JAYCEE OLMAN, CITY ~ ~ r 1 s~ , ~ ~• ~, ~. ANNEXATION - BORUP SUBDIVISION (AZ 10-003) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this ~ day of , 2011, 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. .,~~li~~~,. • ~ M M ~ O SEAS .- ~~~''• { ~ . ~~'• :0~ ~ ~ . ~. .~ ,, ,- ~' ~• , a~ ~ - - t 111 ~ ~ `• ~ ~~~~ ~~~ NO ARY PUBLIC OR RESIDING AT: MY COMMISSION EXPIRES: ~lav- LI ~p~ ~/ ANNEXATION - BORUP SUBDIVISION (AZ 10-003) Page 3 of 3 ~7~HIBYT A ~,ega1 Description ~~~r~~~ L~~r~ ~c~~v~~ri~~ ~~ ~ p~n~i'~Mnd i~da~d ~ N p0 o~ ~ ~ ~f a.E, di~lrlonn' ~drd ih ~ of Plobt ~ pp~e ib"~, i~aad~ o~l~r ~ounq~- ~i ~ ~ ~ ~~~o~y~~r~~nm~so~ ~~, ~~~a~ ~ ~~~ ~~ll~~~ n~p~rba~ ded~i~b: Coar~n~q i~ ~ Vl~ ~ i~ld t~o~an ~ tbs 1~V~tpnr oar 8~aa ~, ~O'2~ d~~~nar at~.~ ~et1a ~ a~8ro~ thar~a Nord ~4~+IQ~ ~ dim o~ ~~d ~t b ~ pmt o~ ~ Ilh~o~l~dlh ~b~lim !~ Thera b ~~ ~tt~bt~ro~2~.7"~~tb~pain~ . + ~auq~ !~'4~'~'I~ti di~hna~ ~ X10 ~b ~ { '~moi~at~t ~'" ~ul~dl~~ ~~701istb rpoi~ 'i'~ria~ Nairb ~'~w~'1N~# ~ dMr~r of 1~~~~ ~ pointott~ ~ ~ - IIr~aNa~ InNo~d; 1'her1~ lbrb 8~~'i~'We~ a r a1~4.~0~ie~tlo ~pairdonllNVllpt MM ~#~Ild 8io~on ~; 'Clr~ ~, t lino, Ncrth ~i' ltlhtl ~ dbarr~ ~ f~,~4 I~ bo 1h~po~t~trnin~, Ead ~'t~cdpdat P~lf~.9l~1~ ~ ~ ' ~tplembnr~l,,zD1~ 1 A 11'~R ~ ~ill~p~ m M~t!# I~ REVIE -dPP VA1- BY Mph Z 1 2011 r-~. MERIDIAN PUBLIC WORKS DEPT• NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0. 11- y~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for parcel of land located in a portion of Lot 3 of J.E. Pfost's Subdivision, recorded in Book 4 of Plats at Page 157, Records of Ada County, and a portion of the North Meridian Road Right-of-way; said parcel situated in the Southwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. This parcel contains .222 acres more of 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 _~___ day o~ _~ 2011. ~- ~ ORPO~~ ~~~< < ~ ~~ ~~ ~,: ; ~~~. Clty 0 ~ lan ~ ~' `, ,~ d ~+ }~ r ~' rand Cit Coun 1 ~~ ~; ~ ~~ `~~ ° ~ ~- Mayo y a~~ ~,~.~ ~ p By: Jaycee L. Holman, ~ . ~~ , ~~. ~' ~~` First Readin : ~ ~ ~~~~ ~ ~ ~ ~-: ~ ~~' ~. g ~ • ~~ :~. Adopted after first reading by su ion 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. 11- ~ y~ $ 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. l l -~~_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 § 50-901 A (3 ). DATED this day of , 2011. William. L.M. Nary City Attorney ORDINANCE SUMMARY - BORUP PROPERTY (AZ 10-003) EI~~T g ~~~~ ~~ ~ mat ~ a~~~ ~~~r ~ ~c~r r ~~~ ~ sr~or r i~~ t JiIA~ ~r~lA~l ~taV~ 1 t ~r i :~ r~x ~ ~~~ +~rr»r~-no~rt~ ~ cum ~r ~~ ~ ~ ~ , ~' lru~ ~'A ~~ ~ X43 ~$ 1k 11~Z0 ~' A~ AONVf t~F ~~ ~ ' + * 1 0~' P~f ~ A~~,l1~pp1071D7 ~ ~I'~ 1~ 1~ 1 ' k~0 ~-# ~5 QG'S3'~0" ~ ~* ar ~ SAX P ~~it~O~J~ ~. ~4' s 11 r~ ~;~ ~iw _ ~~o~ ~~~ t• ar r~w- eta ~ ar~,~ c+or~m- t~T~1 !Id gyp.. ,~ +~ ~ ~ ~~iVT1' ~ ~~Na f ~ ~,a~as ~ ~ c~rvn! ~ {~~ ~-7~5 ,' ~~ REM ~APpR AL ~~ BY ,,... MAC ~ 1211 MERiglAN PU6LIC U1lC~RKS DEPT.