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2011-07-19~~ivl E IDIAN~- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 19, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodward with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of July 5, 2011 City Council Regular Meeting B. Approve Minutes of July 6, 2011 City Council Budget Workshop C. Approve Minutes of July 7, 2011 City Council Budget Workshop D. Approval of New Beer and Wine License Application for Black Mor LLC dba Wahooz Family Fun Zone; located at 400 W. Overland Rd. E. Addendum to Development Agreement for Approval: MDA 11- 003 Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations 6. Community Items/Presentations A. Police Department: Swearing in of New Police Officers Meridian City Council Meeting Agenda -Tuesday, July 19, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Action Items A. Continued from June 21, 2011: Public Hearing: ZOA 11-002 Unified Development Code (UDC) Text Amendment by City of Meridian Public Works Department Request: Amend the Surety Section, UDC 11-5C to Include Clarifications, Increase Surety Amounts and to Provide for Bonds as a Form of Surety Approved B. Continued from July 12, 2011: Public Comment: Ordinance No. 11-1485: An Ordinance of the City of Meridian, Enacting a New Section, Title 8, Chapter 6, Section 2, Relating to Performance and Warranty Surety for Public Infrastructure (Third Reading) Approved C. Public Hearing: PP 11-001 Avendale Subdivision by Silver Oaks Apartments, LLC Located North of W. Franklin Road and West of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Six (6) Multi-Family Building Lots and Six (8) Common/Other Lots on 24.61 Acres of Land Approved D. VAC 11-002 Jayker Right-of-Way (ROW) by SWG Brighton, LLC Located North Side of W. Greenspire Drive; Midway Between N. Tree Haven Way and N. Moon Drummer Way Request: Vacate a Portion of Right-of-Way (751 Square Feet) Platted with Jayker Subdivision No. 1 Approved E. FP 11-006 Spurwing Grove by SWG Brighton, LLC Located North Side of W. Greenspire Drive; Midway. Between N. Tree Haven Way and N. Moon Drummer Way Request: Final Plat Approval for Three (3) Residential Building Lots and one (1) Common Lot on 0.80 Acres in an R-8 Zoning District Approved 8. Department Reports A. Mayor's Office: Community Liaison Update B. Planning Department & Clerks Office: Request for Waiver of an Accessory Use Permit (AUP) Fee from Ginnie M. Konarik Vacated C. Police Department Report: Precious Metal Dealers Task Force Report and Proposed Draft Ordinance Meridian Cily Council Meeting Agenda -Tuesday, July 19, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Planning Department: Central Valley Expressway Project Letter 9. Ordinances A. Ordinance No. 11-1486: An Ordinance of the City of Meridian Amending Title 8, Chapter 6, Section 2, to a New Number Title 8, Section 6, Chapter 5 Relating to Agreements for Infrastructure Enhancements; and Providing an Effective Date Approved 10. Other Items A. Executive Session Per Idaho State Code 67-2345(1)(f): To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 8:35 p.m. Out of Executive Session at 11:17 p.m. 11. Future Meeting Topics Adjourned at 11:25 p.m. Meridian City Council Meeting Agenda -Tuesday, July 19, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN:- ~~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 19, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance (Pg. 1) 3. Community Invocation by Larry Woodward with Ten Mile Christian Church (Pg. 1-2) 4. Adoption of the Agenda Adopted (Pg. 2) 5. Consent Agenda Approved (Pg. 2-3) A. Approve Minutes of July 5, 2011 City Council Regular Meeting B. Approve Minutes of July 6, 2011 City Council Budget Workshop C. Approve Minutes of July 7, 2011 City Council Budget Workshop D. Approval of New Beer and Wine License Application for Black Mor LLC dba Wahooz Family Fun Zone; located at 400 W. Overland Rd. E. Addendum to Development Agreement for Approval: MDA 11- 003 Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations 6. Community Items/Presentations Meridian City Council Meeting Agenda -Tuesday, July 19, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Police Department: Swearing in of New Police Officers (Pg. 3-5) 7. Action Items A. Continued from June 21, 2011: Public Hearing: ZOA 11-002 Unified Development Code (UDC) Text Amendment by City of Meridian Public Works Department Request: Amend the Surety Section, UDC 11-5C to Include Clarifications, Increase Surety Amounts and to Provide for Bonds as a Form of Surety Approved (Pg. 6-9) B. Continued from July 12, 2011: Public Comment: Ordinance No. 11-1485: An Ordinance of the City of Meridian, Enacting a New Section, Title 8, Chapter 6, Section 2, Relating to Performance and Warranty Surety for Public Infrastructure (Third Reading) Approved (Pg. 9) C. Public Hearing: PP 11-001 Avendale Subdivision by Silver Oaks Apartments, LLC Located North of W. Franklin Road and West of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Six (6) Multi-Family Building Lots and Six (6) Common/Other Lots on 24.61 Acres of Land Approved (Pg. 9-12) D. VAC 11-002 Jayker Right-of-Way (ROW) by SWG Brighton, LLC Located North Side of W. Greenspire Drive; Midway Between N. Tree Haven Way and N. Moon Drummer Way Request: Vacate a Portion of Right-of-Way (751 Square Feet) Platted with Jayker Subdivision No. 1 Approved (Pg. 12-13) E. FP 11-006 Spurwing Grove by SWG Brighton, LLC Located North Side of W. Greenspire Drive; Midway Between N. Tree Haven Way and N. Moon Drummer Way Request: Final Plat Approval for Three (3) Residential Building Lots and one (1) Common Lot on 0.80 Acres in an R-8 Zoning District Approved (Pg. 14-15) 8. Department Reports A. Mayor's Office: Community Liaison Update (Pg. 15-19) Meridian City Council Meeting Agenda -Tuesday, July 19, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours priorlto the public meeting. ~i B. Planning Department & Clerks Office: Request for Waiver of an Accessory Use Permit (AUP) Fee from Ginnie M. Konarik Vacated (Pg. 19) C. Police Department Report: Precious Metal Dealers Task Force Report and Proposed Draft Ordinance (Pg. 19-28) D. Planning Department: Central Valley Expressway Project Letter (Pg. 28-31) 9. Ordinances A. Ordinance No. 11-1486: An Ordinance of the City of Meridian Amending Title 8, Chapter 6, Section 2, to a New Number Title 8, Section 6, Chapter 5 Relating to Agreements for Infrastructure Enhancements; and Providing an Effective Date Approved (Pg. 31-32) 10. Other Items A. Executive Session Per Idaho State Code 67-2345(1)(f): To Consider and Advise Its Legal Representatives in Pending Litigation (Pg. 32-33) Into Executive Session at 8:35 p.m. Out of Executive Session at 11:17 p.m. 11. Future Meeting Topics (Pg. 33-35) Adjourned at 11:25 p.m. Meridian City Council Meeting Agenda -Tuesday, July 19, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting July 19, 2011 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, July 19, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Watters, Bill Parsons, Jeff Lavey, Bill Johnson, Warren Stewart, Luke Cavener, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for waiting and we will just launch right into our regular meeting and I'd like to start by welcoming all of you. For the record it is Tuesday, July 19th. It's three minutes after 7:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Is -- oh, there is Larry. Tonight we will be led by Larry Woodard; he is with Ten Mile Christian Church. If you will all join us in the community invocation or take this as a moment for time of reflection. Thank you for joining us, Larry. Woodard: Well, it's my pleasure and I always enjoy doing this. You're a good group and your leadership has been excellent I think. Just one note and that is, you know, to find out that now we are the second most popular place in the nation for recent retirees and that's going to bring a new change to our community. De Weerd: Now where did you read that? Meridian City Council July 19, 2011 Page 2 of 35 Woodard: It was in a magazine here last week and I left it with Steve, I can retrieve it and send it to you. De Weerd: That would be excellent. Woodard: I think there was a community in North Carolina that beat us De Weerd: Oh, dang. Well, thank you for sharing that information and, again, thank you for being here. Woodard: Let's pray. Our Dear Heavenly Father, we invoke your presence again tonight as our city leaders prepare to take up business of leading this our community. We thank you for their contribution to our community. Bless them in everything that they discuss tonight. May their decisions reflect sober and sound judgment. I also pray tonight for the many city employees, especially our police tonight as they carry out much of the day-to-day operations. May they be fair in their decisions, continue to make this community a place where people are friendly and a place where families can raise their children in safety, in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you so much. Item No. 4 is adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple notes on tonight's agenda. Under Department Reports, 8-B, there is a request to vacate from the agenda, since this issue has been resolved. So, if we will take care of that. Also under 8-D, the -- under Department Reports, that department is the Planning Department to talk about Central Valley Expressway project letter. Item 9, Ordinances, 9-A, is Ordinance No. 11-1486. So, with those, Madam Mayor, I move adoption of the agenda as amended. Bird: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of July 5, 2011 City Council Regular Meeting B. Approve Minutes of July 6, 2011 City Council Budget Meridian City Council July 19, 2011 Page 3 of 35 Workshop C. Approve Minutes of July 7, 2011 City Council Budget Workshop D. Approval of New Beer and Wine License Application for Black Mor LLC dba Wahooz Family Fun Zone; located at 400 W. Overland Rd. E. Addendum to Development Agreement for Approval: MDA 11- 003 Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations De Weerd: Item 5, Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No changes on the Consent Agenda, I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Police Department: Swearing in of New Police Officers De Weerd: Item No. 6 is -- I will turn this over to our chief and ask him to introduce this item. Lavey: Madam Mayor, Council, thank you for giving me the opportunity to speak today. I'm used to going last, so going first is kind of nice. Although I do see that I'm last on the docket again tonight, too. What I'd like to do today is something that we started a few sessions ago is the introduction of new employees and, then, the swearing in of those new employees and if you look in the back of the room I see a lot of family Meridian City Council July 19, 2011 Page 4 of 35 members present for that as well. So, it will be a good opportunity for picture taking, if that's what we'd like to -- if that's what the family would like to do. But I would like to call the three new officers present and maybe if they could stand over here. We will figure out something. Trying to find the best place that Council can actually see them, but, then, their families can actually see them and -- De Weerd: That's more important. Lavey: The citizens. And the other thing is this is going to be formal, but informal, which means that the family, if you need to come up here and take pictures, do it. This is all about family today and we'd like for you to get that comfortable shot. But what I'd like to do is just tell you a little bit about each of these individuals. As I have mentioned before, we often hire lateral officers and all three of these gentlemen here today are lateral officers and Brett Bateman is the first one and Brett comes to us from Canyon County Sheriff's Office. Brett has actually worked for several years at Canyon county and he saw Meridian and wanted to come here and went through the process and he has been on the road for about two weeks. So, Brett, if you'd raise your hand so they know who you are. De Weerd: Hi, Brett. Lavey: The -- and this is a test for me, because the order that they are standing over there and the order I have on my -- on my list is different, so it's a real test, do I know who they are. So, Kevin comes from EI Paso, Texas, and Kevin has an interesting story that I probably can't share all of it, because he has family in the room, but I will tell you that he closed on his house on about -- on Thursday, the 7th, and jumped in the moving van and got up here about Saturday morning at 1:00 a.m. to Meridian, moved into a -- moved into an apartment and Monday morning showed up to work, did some paperwork, and we threw him in a classroom and he was doing PT and arrest techniques and everything else on day one. So, he's probably not had much time for rest yet. So, Kevin, if you would raise your hand so they know who we are talking about. Now, the last individual is -- we call him TJ, but his name is Tyler Cambron and Tyler actually is unique, because he comes from two different agencies. He started his law enforcement career in Gooding, Idaho, and after spending some time in Gooding he hired on at Garden City and just recently, as of a couple weeks ago, he reported to Meridian and has been training. So, the nice thing about it is that we wanted to start all of them on the -- at the same day, but Kevin is about a week behind, because he was still playing in that weather in EI Paso. So, I'd like to welcome all three of them and do a formal swearing in. So, if they would -- all three officers raise their right hand and repeat after me. I -- state your name. Do solemnly swear or affirm that I will support the Constitution of the United States and the constitutional laws of the state of Idaho and the laws and ordinances of City of Meridian; that I will abide by the law enforcement code of ethics and the policies and procedures of the Meridian Police Department; that I will obey all lawful orders and directives of those appointed over me and that I will, to the best of my ability, faithfully discharge all the duties of police officer in and for the City of Meridian, so help me God. Meridian Cily Council July 19, 2011 Page 5 of 35 (Repeated by the officers.) Lavey: Congratulations, gentlemen. Madam Mayor, Council, I'd like to present the new -- three newest police officers for the City of Meridian. De Weerd: Welcome. Rountree: Welcome, gentlemen. De Weerd: Well, I know I will get a phone call from a neighboring mayor I'm sure and probably a neighboring sheriff no doubt. But welcome and welcome to Meridian to our Texas -- our newest Texas resident for -- Idaho resident from Texas. I'm sure the weather here is much nicer. Lavey: Not as humid. Did the families get the shots they wanted? Did you? Okay. Because we can keep them here all day. They are on the clock. Congratulations. De Weerd: Thank you for allowing us to be part of that. Any comment? Hoaglun: Madam Mayor, just a quick comment. I serve as liaison for the police department and we just appreciate what the officers do. I had the opportunity a week ago Friday to do an evening ride along in the summertime and it wasn't really as eventful as my daytime ride along, there we had a high speed chase and everything, but this was -- it was great to be out there to see what the officers do in the patrol car at midnight and 1:00 a.m. and to observe what they do and it's interesting, I will put it that way. It's very interesting and the professionalism that our officers carry themselves is wonderful to see how they deal with the public and what I observed is the fact that we hire people who have good judgment and that really is so important and that's great to see, because every situation is different and I realize it's not black and white every time and they have to exercise judgment on how they are going to handle the situation and I admire what they do and they do it very, very well. So, I'm glad to see these three gentlemen that are. on board, because I know they went through a rigorous process to get here and they were the best ones there and we are glad to see them. So, welcome. De Weerd: We appreciate the families that are here to support them as well. We know the sacrifice the families have to those that serve our community from law enforcement and I think that Larry Woodard had said something that I think is worth noting, is our city has received some attention because of the quality of life and I know that our residents hold it near and dear that they can feel safe in the community that they live in and that's certainly due to -- a lot to our police department, to our public safety servants, and we are very grateful to all that our current officers and certainly our newly sworn do in our community. So, thank you for being here. Item 7: Action Items Meridian City Council July 19, 2011 Page 6 of 35 A. Continued from June 21, 2011: Public Hearing: ZOA 11-002 Unified Development Code (UDC) Text Amendment by City of Meridian Public Works Department Request: Amend the Surety Section, UDC 11-5C to Include Clarifications, Increase Surety Amounts and to Provide for Bonds as a Form of Surety De Weerd: Okay. Moving on. Item No. 7 under Action Items we have a continued public hearing on ZOA 11-002. I will ask for Pete's comments. Friedman: Thank you, Madam Mayor, Members of the Council. As the Mayor indicated that this item, the amendment to the UDC addressing sureties, has been continued over from your June hearing. At that time after Council discussion there was some direction that we remove the specific amount for the sureties and actually allow those amounts to be set by Council resolution. So, that's what we have done. The city attorney's office has prepared a companion resolution. In it the infrastructure or the life safety improvements are still set on the 125 percent, but we have backed down the amenities -- development amenities back to the original 110 percent. So, the attendant resolution reflects those changes. Other than that change establishing the amounts by resolution, the rest of the proposed change were as presented to you on June 21st. De Weerd: Thank you. Council, any questions for Pete? Rountree: I have none. De Weerd: This is a continued public hearing. Is there any members in the public who would like to comment on this item? Okay. Okay. Council? Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Question. We have an ordinance -- De Weerd: This will be a resolution. Hoaglun: This will be a resolution. Nary: Actually, Madam Mayor -- De Weerd: Or it should be an ordinance. Nary: Actually, Madam Mayor, Members of the Council, this is kind of a two step process if you recall with UDC amendments. We have had the public hearing in front of Planning and Zoning, with a recommendation to approve it. You had the public hearing set here with a recommendation to approve it as is. What would come back to you -- and that's why there is a draft resolution -- we will prepare an actual ordinance to come Meridian City Council July 19, 2011 Page 7 of 35 back for final approval. So it's a -- I know it's a -- we don't do a lot of UDC amendments, so it's a little bit different process than your other amendment, like the ordinance that's on your agenda tonight for approval. So, what you will be doing is approving this ordinance, it will, then, come back to you and in your motion it would come back to you, then, in the form of an ordinance for approval, with the resolution that's attached to your packet as a draft. So, that was to match up the direction of the Council of establishing in the UDC those -- both performance sureties and warranty sureties for certain items ai what level of percentage of surety they have to provide. So, this one you can move to approve if you're comfortable with it and, then, it will come back to you in the form of an ordinance. Item B is actually an ordinance that is suitable for approval tonight if that's what you desire. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for Mr. Nary. Under 9-A, that ordinance 11-1486, is that the same as 7-B? Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, no. What that actually is -- that was an anticipation of our -- of our code provider at Sterling. That section is to change the number of the reimbursement agreement. We decided to put the warranty surety in Title 8 -- or, excuse me, Title 8, Chapter 6, Sections 2, 3, 4 of the City Code. Currently there is a two, which is the reimbursement agreement. So, it's a separate code. What we anticipated is if we passed it as is it would follow the existing code -- we wanted it to precede the existing code and Sterling would come back later and say, oh, you got the numbers wrong, so you have to fix it. So, this one is completely -- is just a number change and that's all it is. Hoaglun: Okay. That's my question, because they almost had identical wording, so I want to be sure. Nary: Yes. Hoaglun: So, Madam Mayor, Mr. Nary, then, we leave 7-A, the ZOA, until we get the resolution? Nary: You would move to approve it and direct to bring back the ordinance. Hoaglun: Okay. And bring back the ordinance and, then, we can also act on 7-B? Nary: Yes. Hoaglun: Okay. De Weerd: As long as the clarifications are -- reflect your intent. Meridian City Council July 19, 2011 Page 8 of 35 Nary: Yes. Bird: With the new ordinance that comes back on this one. De Weerd: Yeah. No. This one is asking for a resolution to -- Bird: It comes back as an ordinance. Nary: It will come back as an ordinance and a resolution both. De Weerd: But that's after you do Item 7-B. Nary: It doesn't matter. Bird: No. Nary: You can do it separately. You can do it as a separate action. De Weerd: Okay. Okay. Council, I do have an open public hearing, if your -- if all your questions have been answered, I would entertain a motion to close this public hearing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close Item 7-A, public hearing on ZOA 11-002. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I move that we approve the test amendment to the Unified Development Code, ZOA 11-002, with the drafting of an ordinance and an attending resolution to enact it. Hoaglun: Second. De Weerd: Okay. I have a motion and a second. Discussion? Seeing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council July 19, 2011 Page 9 of 35 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Continued from July 12, 2011: Public Comment: Ordinance No. 11-1485: An Ordinance of the City of Meridian, Enacting a New Section, Title 8, Chapter 6, Section 2, Relating to Performance and Warranty Surety for Public Infrastructure (Third Reading) De Weerd: Item 7-B is also a continued public hearing for public comment from July 12th on Ordinance 11-1485. I would ask Madam Clerk to, please, read this ordinance by title only for the third reading. Holman: City of Meridian Ordinance No. 11-1485, an ordinance of the City of Meridian enacting a section, Title 8, Chapter 6, Section 2, relating to perormance and warranty surety for public infrastructure and providing an effective date. De Weerd: Thank you. You have heard this ordinance 11-1485 by title only. Is there anyone who would like to hear it read in its entirety? Okay. Council? Oh. Is there anyone who would like to provide testimony on this item? It is a public comment, it's not a public hearing, but if there is public comment we would invite you forward. Hoaglun: Madam Mayor, I don't believe we have to close a public comment, as opposed to a public hearing. I'll just go ahead and move approval of ordinance number 11-1485. Rountree: Second. De Weerd: I have a motion and a second to approve ordinance -- the ordinance under 7-B. As there is no further public comment, any discussions from Council? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: PP 11-001 Avendale Subdivision by Silver Oaks Apartments, LLC Located North of W. Franklin Road and West of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Six (6) Multi-Family Building Lots and Six (6) CommonlOther Lots on 24.61 Acres of Land Meridian City Council July 19, 2011 Page 10 of 35 De Weerd: Item 7-C is a public hearing on PP 11-001. I will ask for staff comments at this time. Wafters: Thank you, Madam Mayor, Members of the City Council. The next item before you is a preliminary plat consisting of six multi-family building lots and six common other lots on 24.61 acres of land. This site is currently zoned R-15 and is located north of West Franklin Road, approximately a quarter mile west of North Ten Mile Road. The proposed preliminary plat is a re-subdivision of a portion of Umbria Subdivision, consisting of one large multi-family building lot, one commercial office building lot, and one common lot on 28.65 acres of land. Only the residential portion is proposed to be resubdivided. The proposed plat consists of six building lots on which a total of 369 dwelling units will be constructed, consisting mainly of apartments with 20 structures, consisting of 12-plexes, 16-plexes, 18-plexes and 24-plexes, with some duplex structures. The proposed density is 14.99 dwelling units per acre, consistent with the medium high density residential land use designation for this property. Six common lots are proposed on which a clubhouse, fitness center, open space and other amenities, along with streets, will be constructed. The plat is proposed to develop in three phases shown here on the screen. The first phase will include the clubhouse and associated amenities shown in the center there. A private ingress-egress easement exists along the east boundary of the site between the subject property and the church property to the east. Private streets are required for access to the multi-family units proposed within this development. Pruvia Street here at the bottom of the plat is planned to extend to the west as a collector street in the location shown on the plat in accord with the Ten Mile interchange specific area plan. This is a proposed landscape plan for the site. The Commission recommended approval on the subject application at their June 16th public hearing. Becky McKay testified in favor of the application. There was no opposition or no one commenting on the application. Becky McKay submitted written testimony in response in agreement to the staff report. There were no key issues of discussion by the Commission or changes to that staff recommendation by the Commission. No written testimony has been received since the Commission hearing and there are no outstanding issues for City Council. Staff will stand for any questions the Council may have at this time. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: In previous versions of this property -- and I guess it's now called Pruvia Street -- Pruvia Street, whatever it is. And you have identified it as a collector, which will continue to the west, but there was discussion about either bonding or putting up a trust to get a bridge across the canal that dead ends at -- is that still in the mix? Waters: I believe so. I'm just looking for sure here. Meridian Cily Council July 19, 2011 Page 11 of 35 Zaremba: Just wanted to make sure that didn't disappear somehow. I don't remember what the mechanism was exactly, but somehow this property is involved in that bridge. Watters: ACHD is currently holding a road trust from the applicant for half the cost of construction of a bridge over the Kennedy lateral where Pruvia Street stubs to the west boundary. Zaremba: Great. Thank you. De Weerd: Okay. Any further questions? Is the applicant here this evening? Any comment? McKay: Madam Mayor, Members of the Council, Becky McKay, Engineering Solutions, 1029 North Rosario business address. This is just a preliminary plat, which reflects the phasing of our multi-family project and I'm happy to let the Council know that the first phase has received funding from Wells Fargo Bank and so Mr. Woolf is proceeding forward. Not as fast as he had hoped, but we are proceeding forward with our civil design in getting this project off the ground and finishing the facilities that were started and this is just a step that the banks are requiring now that the phases -- we have lots which reflect the phases in the event that there are problems down the road, so they have that requirement. De Weerd: Okay. McKay: Thank you. De Weerd: Any questions for Becky? Bird: I have none. Rountree: I have none. De Weerd: Thank you. Okay: This is a public hearing. Is there anyone who would like to provide testimony to this item? Council, seeing that there is no public comments, any further information required? Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on Item 7-C, PP 11-001. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All those in favor say aye. All ayes. Motion carried. Meridian City Council July 19, 2011 Page 12 of 35 MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve PP 11-001, to include all staff comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-C. Is there any discussion? Seeing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. VAC 11-002 Jayker Right-of-Way (ROW) by SWG Brighton, LLC Located North Side of W. Greenspire Drive; Midway Between N. Tree Haven Way and N. Moon Drummer Way Request: Vacate a Portion of Right-of-Way (751 Square Feet) Platted with Jayker Subdivision No. 1 De Weerd: Item 7-D is VAC 11-002. I will ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. The application before you this evening is a vacation request to vacate 751 square feet of right of way platted with Jaykers Subdivision No. 1. If you look at my cursor and look at the vicinity map here, you can see where that existing curb return exists from 2010, last year, and the general location of that curb cut and if I go to the next exhibit there you can see where the proposed right of way is impacted by the subdivision that you will be acting on later this evening. I did want you to know that ACHD will be the final action on vacation of the right of way. At a future phase it was anticipated that this will be constructed with a future phase of Jaykers Subdivision, because a new preliminary plat was approved there is no longer -- it's no longer necessary to have a road connection with that. Staff has reviewed the previous conditions of approval for the Spurwing Greens Subdivision and there is nothing in ACHD's comments or conditions that would require aroad -- a road to be stubbed with this current curb return. So, staff is pretty confident that a future road will not be platted in this location in the future. I did contact ACHD. I believe the application has been submitted to them and also received some comment from applicable utility agencies and they are in agreement with the vacation of the right of way as well. My understanding is Public Works had put a hold on one of the buildable lots until the services are addressed adequately, but there were no concerns regarding Meridian City Council July 19, 2011 Page 13 of 35 the vacation of the right of way. Staff has not received any comments. The applicant is in agreement with the conditions. There are no outstanding issues before you this evening and I would be happy to answer any questions you might have regarding the application. De Weerd: Thank you. Council, any questions for Bill? Rountree: Yes, Madam Mayor. De Weerd: Mr. Rountree. Rountree: Bill, would you put up the subdivision plat? Okay. And I'm trying to figure out the location here. The roadway to the east -- it looks like it goes down the draw, which would provide access to the south bank of the Boise River, the Aldape property. Is that correct? Parsons: Madam Mayor, Members of the Council, Councilman Rountree that is correct. Rountree: Okay. I just want to make sure that the one we are vacating isn't proposed as that access. Parsons: It is not. Rountree: Okay. Thank you. De Weerd: Okay. Anything further from Council? Any comment by the applicant? Okay. Council, what is your preference on this item? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAC 11-002, the Jayker right of way. Rountree: Second. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-D. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council July 19, 2011 Page 14 of 35 E. FP 11-006 Spurwing Grove by SWG Brighton, LLC Located North Side of W. Greenspire Drive; Midway Between N. Tree Haven Way and N. Moon Drummer Way Request: Final Plat Approval for Three (3) Residential Building Lots and one (1) Common Lot on 0.80 Acres in an R-8 Zoning District De Weerd: Item 7-E is a final plat, 11-006. I will ask for staff comment. Parsons: Thank you, Madam Mayor, Members of the Council. This is a final plat application for three buildable lots and one common lot on 0.80 acres. The property is situated on the north side of West Chinden Road and about a quarter mile east of Black Cat Road. Here is the -- again, here is the approved preliminary plat that you acted on in October 12, 2010. The highlighted red square before you is a proposed location of the plat as it relates to the preliminary plat. Staff had reviewed the preliminary plat for compliance -- the final plat for compliance with the preliminary plat and staff finds that it substantially complies with the approved preliminary plat. So, here -- again, here is the lots. Lot 1 will be a common lot for a micropath lot and Lot 3 -- 2, 3, and 4 are the buildable lots. Again, staff has received comments from the applicant and they are in agreement with the staff report. No other outstanding issues are before you this evening. I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Mr. Zaremba Zaremba: Madam Mayor. On a previous issue you -- you said something about Public Works wanting to have a hold on one of these lots. Is that -- Parsons: Madam Mayor, Council President Zaremba that is correct. That is Lot No. 4 -- or Lot 3. Excuse me. That's where that existing right of way is and if you remember if a road was to punch through this right now there is a sewer main that's there and anticipating following through with a future road, but because a road is no longer platted, you only need residential services to the lot and not a main. So, my understanding is they are working with Public Works, they are in agreement with correcting that issue and they are in the process of doing that now. Zaremba: Do we need to acknowledge that in a motion or that's underway and we don't need to -- Parsons: President Zaremba, that's conditioned in the staff report. Zaremba: Okay. Thank you. De Weerd: Okay. Anything further from Council? Bird: I have none. Meridian City Council July 19, 2011 Page 15 of 35 Rountree: No. De Weerd: Okay. Applicant? Wardle: Madam Mayor, Council Members, Mike Wardle, Brighton Corporation. 12601 West Explorer Drive in Boise. Just to affirm that that issue relative to the sewer is being dealt with, so that it would function as a -- just a service, rather than as an extended trunk line. So, we have no issues on the matter. It's all being resolved. Zaremba: Great. Thank you. Wardle: Thank you very much. De Weerd: Okay. Council, anything further? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve final plat 11-006. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-E. If there is no discussion, Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Mayor's Office: Community Liaison Update De Weerd: Item 8-A is under the Mayor's Department and I will ask Luke to give his report. Cavener: Good evening, Madam Mayor, Members of the Council. It is time again for a community update. I included on this quarter's update a picture that only I think a mother could love. That is myself at the Meridian Senior Center calling bingo as part of an event that -- leadership Meridian class the Meridian Chamber held to benefit the Meridian Senior Center. That event, in addition to some additional efforts, raised nearly 8,000 dollars for the Meridian Senior Center. We split half the funds to go directly to their bingo program, which is a big fund driver for themselves directly, and the other half Meridian City Council July 19, 2011 Page 16 of 35 directly to the senior center for their new facility. It was a great event. I didn't have too many people mad at me and they have asked me to come back, so I have been calling bingo there about every six or seven weeks. See if we can -- so, let's talk a little bit about numbers. Currently our city Facebook page has 939 fans, 1,087 Twitter followers. We do a weekly series on our city website and also goes on Facebook called This Week In Meridian. We average about 350 viewers a week. This week in Meridian the highlights -- the activities -- both city sponsored and community driven, that are happening in Meridian. We have also received a lot of feedback on that, because we use varying city staff members to serve and host, so I may do it one week, Bill Nary has done it one week, the Mayor has done it a couple of times, and all four of you have a standing invitation if you would ever like to be the host of This Week In Meridian for a week I'm sure we can -- we can make that happen. In addition, we get about 22 average viewers a week on the City Council stream -- streaming the meeting that's going on right now. We peaked at 74 viewers during the precious metals discussion. That was about -- oh, about seven, eight weeks ago. After that meeting occurred the next day we -- we save a copy of that and put it on our website, so that people who didn't want to come back and watch a piece of it or missed it and want to follow along with it, can come back and view that and we have had great viewership on that as well. Each meeting has about a minimum of 20 views .after a couple of weeks. Again, that precious metals meeting had over 200 views during that meeting. I have talked a little bit about business and what's going on in kind of my work with -- with our business community. Meridian Business Day Five is scheduled for September 9th of this year. This has been an event that has received a lot of accolades that really hold people from not just Meridian, but from the surrounding area to Meridian and allows us to showcase our community to the valley. We have worked on producing a series of business videos where businesses really tell their story about why they choose Meridian. We play those videos in the Mayor's TV show Celebrate Meridian and, then, Brenda has also re- purposed those on the city's economic development website. We have been contacted by a variety of different businesses and organizations that also want to use those videos to promote Meridian and promote the businesses within. I have been visiting our downtown businesses with Brian McClure and with Ashley Ford, talking to them about Destination Downtown, but also using it as an opportunity to talk to them about what's on their minds, the things they like, the things they don't like, what they like that's different, what they would like to see stay the same. Business focus, maybe, maybe not, but next Thursday is the City of Meridian versus Meridian Chamber of Commerce softball game. We played hard last year, but lost 12 to three. I had to eat a significant amount of crow today at the Meridian Chamber luncheon, offered any ringers, called Alex Rodriquez, Derek Jeter, they didn't take my call, but if they are interested I think that we can maybe hire them to work at City Hall maybe for a day, but that's no takers. So, we are looking forward to that. I hope everyone would come out and, Councilman Hoaglun, you were quite the all-star last year. I have got the Icy Hot ready if you're willing to play again, we look forward to seeing you. Talk a little about our community. One of the things that we continue to do is attend -- it happens throughout the year, but they really ramp up during the summer, our homeowners association meetings and it's interesting in my dialogue, regardless of the size of the homeowners association, large or small, they typically have the same issues, they typically have the same questions, Meridian City Council July 19, 2011 Page 17 of 35 but they have enjoyed having representatives of the city, not just myself, the Mayor attends many of them, we have had other department representatives attend and really serve as a voice of the city and that direct link between City Hall and the community. We continue to do that. City Hall serves as a great venue for a lot of our HOA's. For those that it doesn't work, we travel to them. As you know, we have a town hall scheduled for this Thursday out at the Kleiner Park bus garage. I think this is going to be a very well attended meeting, a great opportunity to learn everything that's going on in our parks department. The second annual community block party is scheduled for September 17th. This is an event that was put on by our faith ambassadors and our parks department last year. We saw upwards of 3,000 people in Settlers Park for free food, music, activities, and events. We see that number to increase this year. We have added a couple of -- a rock and roll fun run that's being put on by Meridian's Promise. It will also be the jamboree for the Police Activities League football program. So, a lot of different events to bring people into Settlers Park this fall. I'm sad to report that the community garden group, who has had tremendous success, received a very substantial grant from Home Depot to expand their services, suffered a setback as a result of illegal fireworks has burned down a significant portion of their garden, so they were trying to -- to rebuild and move forward. I know that they are very interested in meeting with our parks department, who have expressed some interest about maybe giving them a permanent home in Kleiner Park and I think that's something that they would really get behind, it could really be a win-win for everybody. While they come and talk to you every month I like to brag about the Mayor's Youth Advisory Council a little bit. Some of the things that maybe you didn't know is that the youth council recently donated 3,700 dollars to the Meridian Senior Center. They raised more funds for their fundraiser this year than in past years. They -- even with the increased cost of putting on an event were still able to deliver a significant check to the senior center, who was happy to receive that. I was fortunate to attend the AIC youth track with them at BSU where I was able to participate in some pretty amazing accommodations. Talking 35 thread count sheets in the dorm, you show up and -- while I have never been to prison, when you show up they are handing you your sheets, your towel and your bar soap and telling you where your room is. So, a great experience with youth to see what dorm life was like. De Weerd: Nothing but the best. Cavener: Nothing but the best. It was -- I enjoy going to the AIC program with our youth, because it gives me the opportunity to see all the great things that our youth council is doing. They are year end, year out, the ones that everyone in the youth track looks to for guidance, for ideas. What are the things that Meridian is doing that are successful and how can they replicate it in their town the next year. So, it's always enjoyable to see that. I'm sad to report today after four years Adrian Casper has stepped down as their advisor for their government affairs subcommittee, so we are looking to find a new replacement for that spot and it's hard to believe in the middle of July, but the youth council executive team will be meeting next week to begin planning next year. So, they take just a quick breath of fresh air and they dive right into it. What this really kind of boils down to is that other communities are really taking note of what's Meridian City Council July 19, 2011 Page 18 of 35 going on in Meridian and in our community. As I mentioned, Meridian Business Day and This Week In Meridian, were both award winning programs at the AIC convention two weeks ago. Canyon county has launched their own business day and they have spoken to all of the key stakeholders in Meridian Business Day to find out what has worked and how they can best replicate it in Canyon county. I have had multiple discussions with representatives of Eagle and Nampa who want to explore webcasting their city council meetings. A month doesn't go by that I'm not solicited with information about how to start a youth council similar to Meridian. In fact, the Mayor and I were just at a conference last week in Phoenix and somebody out of the blue said what -- what information can you give me so we can start something like MYAC in our community. One of the things that I think is really great is that other departments are getting involved. We have seen the -- the Facebook page of the Parks Department just explode. It's the go to place for everything that's happening in our parks. Our police department has stepped up their efforts and their outreach, both with the Facebook and a Twitter feed. I think those are really creating an opportunity for our community to really become -- to look behind Meridian as a brand and become brand loyalists and they know that when they receive a piece of information from Meridian that's it's credible, that it's accurate, and that's something that they are going to want to be involved in and I think that's as a result of a lot of people working really hard to do that. And at the end of the day that results in greater involvement in our community and that's something that I really enjoy is to be able to be out with out citizens and talk to them about what --what their thoughts are. Sometimes they are not always happy to see me, but that's okay, too. I enjoy having the opportunity to engage with them as well. So, with that, questions, comments? I tried to be -- keep my comments pithy tonight, so I hope I didn't run too long for you. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Luke, you indicated when you meet with the homeowners associations they typically have a range of comments and/or questions that are similar. Could you share some of those with us? Cavener: Councilman Rountree, absolutely. It typically stems from neighborhood issues. In some neighborhoods where the HOA bylaws are very strict, they are upset that, you know, somebody doesn't have the right amount of flowers in their flower garden. You know, my neighbor leaves his boat parked in -- on the road for more than three days. Parking typically is an issue in every neighborhood that comes to me upset with someone. Or it's the -- the HOA board is too controlling or the HOA board doesn't do anything and, you know, the first question that I like to ask the people that -- the common questions and concerns is, you know, have you thought about running for that position, have you thought about being the course of change and nine times out of ten their response is, ah, I don't want that job. So, it's -- it's challenging at times, but trying Meridian City Council July 19, 2011 Page 19 of 35 to encourage people to be more involved in the neighborhood has resulted in better solutions. Rountree: Thank you. De Weerd: And I think, also, Councilman Rountree, there is your usual transportation questions, like we received when we were on KBOI. Rountree: Right. De Weerd: There is questions regarding our parks system, general positive comments on the upkeep and certainly Kleiner Park and that's one of the reasons why we came with a town hall meeting out at Kleiner Park. There has been a lot of curiosity to Kleiner Park, the amenities that it will offer our community and so that -- that has been -- and, lastly, probably the most common question that I get when I'm in attendance have been job related. What is the city doing in terms of business out reach and certainly supporting our existing business community and job creation? Rountree: Thank you. De Weerd: Okay. Anything further? Thank you, Luke. Cavener: Thank you. B. Planning Department & Clerks Office: Request for Waiver of an Accessory Use Permit (AUP) Fee from Ginnie M. Konarik De Weerd: Appreciate you being here. Okay. Item 8-B has been requested to vacate. I will need a motion to vacate this item. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we vacate Item 8-B. Hoaglun: Second. De Weerd: I have a motion and a second to vacate Item 8-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Police Department Report: Precious Metal Dealers Task Force Report and Proposed Draft Ordinance Meridian City Council July 19, 2011 Page 20 of 35 De Weerd: Okay. Item 8-C is the chief and I will turn that over to him at this point. I see that we do have several of our task force members. Certainly appreciate you being here and appreciate the time that you have given this topic. Lavey: Madam Mayor, Council, 1'd like to make a motion to vacate Item C, too. De Weerd: Denied. Lavey: Yeah. I figured as much. Madam Mayor, Council, in February of this year I first came in front of you to discuss precious metals ordinance. During the next couple of months we have had a first and attempted a second reading. We also did a public hearing and last you heard from me was in May. At the May meeting we decided to pull the ordinance from the agenda and form a focus group and through the Mayor and her staff they weeded through a lot of applicants and came up with a focus group to work on this precious metals ordinance and a couple of them are here in the room today and I want to identify all of them, but I do want to give a special recognition to a couple of them and I promise they don't have to speak, even though I have been telling them for a couple weeks that they -- they had to come up and do the presentation, not me. On our citizen's list we had Valerie James, who is present today. We have Mary Ann Watson, who is present today. And these two individuals I really want to give a shout out to them and a big thanks, because they were probably the most helpful citizens on our panel and contributed the most. There is also a gentleman by the name of Mike Williams, who contributed a lot in the coin industry portion. And, then, we had two other members. We had Doug Mason from SSC, who is also a public safety alumni graduate. And we had Judy Cahill, who was a -- or who is a Meridian city resident and was a victim of precious metals and she was at our first meeting and we must have scared Judy and Doug, because they never came back. Likewise, after Mike contributed to a good portion of the draft that's in front of you today, he decided he was going to go do simpler things and he resigned from the board as well. I do not know if he will be -- De Weerd: And, chief, you also had Todd. Lavey: Oh. Excuse me. Yes. I had Todd Thompson, who missed the first meeting, he had a family emergency, but when he was -- he was at every other meeting and he was quite helpful and gave some insight on the -- from the jewelry side of things as well and he's not present here today either, but Todd did help quite a bit, too. And, then, on the city employees' side, Laetitia Babcock, a detective with the police department, is here today and she, too, does not have to speak unless she wants to. And Emily Kane and Emily Kane is -- is I believe out of the office until tomorrow. These two city employees were very beneficial in what we did. Emily is a great scribe. How she can keep track of everything and put it together in the form that she does is unbelievable. And Laetitia has done a lot of the leg work as far as contacting the businesses and everything else and sending out letters. And, then, Berle Stokes -- Sergeant Berle Stokes and Eric Stoffle are two detectives that also contributed as far as the focus group. And my main role on the focus group was to be neutral and I served as the facilitator and we just created dialogue and got to where we are at. I want to talk just briefly about where we Meridian City Council July 19, 2011 Page 21 of 35 are at and where we are heading and what's in front of you today. We'd like to discuss the current proposal, the newest draft, and it should have a date of July 19, 2011, on your proposal. I believe that's the most current one. And give Council a chance to ask any questions. This is what we are going to request to be -- to bring forward for second, third readings and we request that it be open for either public comment or public hearing, whatever the proper forum is for that as well, at a time that is best for Council. But there is just the two areas that I want to acknowledge quickly and, then, answer questions the Council may have. Some of the highlighted questions -- the holding period. We -- we actually discussed that amongst myself and Council quite a bit and the original proposal had ten business days. Some of the task force feedback was that was too long, we discussed the fluctuations in the market prices and it was agreed upon that seven calendar days would be an appropriate amount of time. I will tell you that when we got down to the final ordinance or the final proposal, that the group was saying is that enough time. So, really, we were kind of working together to come up with what's the best -- best number and that's what the --the panel -- the original proposal came in, it didn't differentiate between jewelry and coins and after a lot of discussion we decided the coins need to be regulated just a little bit differently than the jewelry and Mike Williams contributed a lot in that area. And they talked about coins are investment vehicles and they talked a little bit about the privacy of the seller, the reluctance in providing information about, hey, what -- what items of value I have in my home versus, you know, what am I selling, what am I keeping, that sort of thing and there was also a discussion that I believe Council heard about, you know, photographs and how many photographs you have to take for each lot. Do you photograph a lot? Do you photograph each individual coin? And the other thing was is that being able to actually identify the coin from -- and I'm by no means a coin expert, but when you get down to there is a lot of similar coins and you can't differentiate between I owned this one, but not this one versus this one. Whereas, on the jewelry there is -- oftentimes they are engraved or the setting is personalized and -- or there is nicks and chips and those sorts of things -- broken prongs and those sort of things that can make it easily identifiable. So, you will see in front of this in your new ordinance the type one and the type two precious metal. Type one is jewelry items and type two is coins. And as you go through the ordinance it just talks about if you're selling a type one you do this, if you're selling a type two you do this. So, it's pretty self-explanatory. We had a lot of discussion about making -- are you doing it to make money or are you doing this as a hobby and, really, trying to figure out what would be the deciding factor of whether you needed to fall under this ordinance or not and, really, we looked at the IRS definition and so you will see in the ordinance where it kind of refers back to the IRS definition and it's really an -- just a calculation -- I believe it's nine points and it says -- you answer the questions yes or no and that really tells you whether you are in it for making money or in it for making -- or as a hobby. So, we figured that was probably the way to go. A lot of discussion on trading in of jewelry, requesting upgrades to the jewelry, that sort of thing, and really, it was discussed amongst the detectives that -- that most people that steal jewelry just want the money, they don't take it in and say, hey, can you upgrade this to this or upgrade it to that, they don't want to be associated with it. Here is the jewelry, give me my money, I'm gone. So, we changed the rules and the wording on people that actually trade in their jewelry or actually take the ring in and say I'd like to Meridian City Council July 19, 2011 Page 22 of 35 trade this in and get it upgraded to something else. And so there is an exemption in there with the wording so far as remodeling, refastening, rebuilding, repairing of jewelry and as long as the buyer reasonably believes the seller is a bonafide owner or agent of that jewelry and that was really a major contributing factor from Mr. Thompson. There was a debated discussion on whether the city should issue a precious metals license, if there were other existing code -- city code violations on a premises. There was some wording in there about if -- if you don't need this or don't meet that, then, you will not be granted a precious metal license that really kind of concerned some people and we really kind of backed out of that language, because under the UDC you're already required to follow rules and everything else. It already gives authority to the -- to the police department, to the code enforcement office, and to any -- and to the legal department to address those violations. So, if you actually have a violation of your business, we didn't necessarily believe that you needed to be -- your license needed to be withheld, but you do need to come in compliance and there is ways to make you come in compliance. So, that was the major change there. Then there was also the time about how to transmit the -- the recorded transactions to the police department and I believe we use noon the next business day in the original ordinance and there was a discussion about business owners preferred a 24 hour window to provide more time to enter or transmit the record and Mary Ann Watson was a big contributor to this and it was agreed upon by the focus group that it should be within 24 hours. So, once the transaction is -- takes place they have 24 hours to put it into the -- he must be going to Middleton. They have 24 hours to get it into the system and the detectives did not have any issues with that and, then, there was a discussion on the licensing the premises and license of individuals and if you recall -- I believe it was March and I was giving the presentation and reading the ordinance and we talked about licensing the individuals and I made the comment I didn't know why we couldn't just license the premises and there was really some -- some discussion about excluding certain types of people that shouldn't be purchasing property, you know, if you have a theft or felony on your record and that sort of thing. But through the -- the group we discussed that it would be appropriate and less burdensome to license the premise and if there is any issues with the premise as in their -- their purchasing stolen property, then, we will deal with it through the -- through the proper channels. It would be burdensome to license every individual, the turnover and everything else. And so we are putting some of the onus and responsibility back on the -- on the business owner, the premise owner realize that if they don't police themselves, then, they could be the one that is hurting, instead of the individual. And, then, there was some discussion of Leads Online. There was some heavy discussion on Leads Online and what they really were talking about is it an effective and efficient way for the Meridian Police Department to find stolen property associated with the report -- a reported theft. We believe it is. This is the means that we use for the pawn shops currently. Mary Ann has spoken in favor of that. There was concerns about other agencies other than MPD actually having access to it and trolling for information and hacking of information and the unbridled discretion of regarding recordkeeping and, you know, we haven't alleviated all of that, but the current proposal in front of you does not have the Leads Online as the transmittal form and apparently when we did the pawn shops, the pawn shop ordinance does not include Leads Online either. We did that through a resolution and we would do the same here. So we are Meridian City Council July 19, 2011 Page 23 of 35 really looking at what's the best means. It is the most popular in the valley, but we are not stuck on that and Ms. James has really kind of opened our eyes on -- on Leads Online on that. So, you will see that Leads Online is still the Meridian Police Department's first choice of methods of transmitting records from -- from a precious metals transaction to the police department; it really is the most efficient for us. Task force members agree to disagree regarding whether the risk of a security breach and potential trolling outweighs benefits of Leads Online, really discussing the -- there is as much risk or greater risk when you rent movies with Netflix and that sort of thing, because of credit cards and everything else. Without -- I can't say there is not a risk, but there is also a risk in a lot of other things that we do as well. So, we have agreed to disagree on that and, let's see, what else? We believe that the benefits outweighs the risks as a prevention resolution tool. We did compromise on the coins and that coins will not be -- coins transactions will not be transmitted via Leads Online. We have such a small dealings of it here in Meridian right now that the records will be obtained and kept at the business and it was also agreed upon by the focus group that in the future if a lot of coin shops open up in Meridian and a lot of the businesses are going through there and we are finding a lot more stolen -- stolen pieces of coins, then, we might have to readdress that issue. But currently they will not be transmitted over Leads Online. And that I believe is the main issues that were addressed with this board. I am happy say that I believe that when we started off on the focus group everybody came in with their own personal agendas, their own self interest and after about the third meeting we started working together as a group and to come up with something that everybody could agree with. The one area that I mentioned on the Leads Online is that the most efficient and effective way of doing it, that's the only area that we have agreed to disagree on. So, with that if I have misspoke on anything I'm hoping that my focus group back there will come forward and speak on their behalf. I also promised them that since they were an active part of this group, that if they had anything to say the floor was theirs and if neither one of them are brave enough to do that, I stand for any questions. De Weerd: Council, any questions for the chief? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just one and this is back on the Leads Online one. If we developed a system where information was just transmitted directly from the business to the police department, there wouldn't be valley wide access to that kind of information, so I just want to make sure I understand Leads Online correctly, if the shop owner transmits it to Leads Online it is possible that if something was actually stolen in Nampa and brought to a precious metals dealer in Meridian, that the Nampa police would be able to locate it as well, which they would not if we had our own internal system. Am I ferreting that out correctly? Meridian City Council July 19, 2011 Page 24 of 35 Lavey: Councilman Zaremba, you are correct. What it does is it gives a tool for any law enforcement agency who subscribes to it to access that information without having to drive to the business. So, if we did form an internal mechanism for doing that, it would help the Meridian Police Department on cases that occurred in Meridian, but it wouldn't help the Meridian Police Department if our stolen items were sold other places and it would not help the other agencies, like you said, if -- if it was sold in their businesses. One of the other concerns is that it's not just viewable by the Treasure Valley law enforcement, it's -- it's nationwide and that just concerns people with information being put into databases and all the security breaches that you hear about every day. And I understand that. But nobody is -- I can tell you that we haven't had a reported case that we are aware of with Leads Online and nobody's immune. The Pentagon, the banks, and everything else and so there would be some information that a hacker could glean, but it's not much information that they could do anything with. But there is the belief that -- that they would know who you are and where you live and they could come to your house and steal other things from your house, but they can do that anyway, you know. So, I'm neutral on it. I understand the concern. I understand there is a risk. You know, you just have to decide what's -- what's the best way to go, so -- Zaremba: Thank you. De Weerd: Mr. Rountree. Rountree: Madam Mayor. If none of the focus group wants to come up and help us with this, that's great, I appreciate that, but I did want to extend my appreciation and thank you for the time you spent and the opportunity you took to be involved in this and I think this is the way government should work and I think this is an example of how to agree to disagree on some situations, but I think it's tremendous that this is the outcome. I look forward to seeing this advance, chief, and you folks on the focus group you did a great job and I really appreciate it. I wasn't sure where we were going with the last hearing, but it's helpful to hear what you have done and, again, I greatly appreciate it. One thing I would like to see, chief, is that we made a matrix of our ordinance as what was once drafted versus Boise and since you have done this Nampa and I believe Garden City have enacted ordinances. If not they have gone through the process of getting them into some final form that would be helpful to compare ours with a matrix of the ones that are in place or about to be in place. I think we now have a better model than I recall some of the other ordinances that were out there. But that may not be, but it would be good forme to be able to compare. Lavey: Madam Mayor, Councilman Rountree, that's easy for us to do. We will just plug this into that matrix you already have, so you can compare it. I will tell you that as we progress through this thing we used two cities quite -- quite often as the foundation and that was Boise city and Nampa city. Those are the two ordinances. Boise city's has not been updated since 1981, so we really worked on the old and, then, we worked on Nampa's which was the most current. Worked on the newest and, really, we kind of blended somewhere in between there. Those were the two -- two ordinances we used Meridian City Council July 19, 2011 Page 25 of 35 for the foundation. So, we will plug that into the matrix -- actually, I won't say we will. I will ask Emily to do it when she returns and we will have that for the other readings. Rountree: That would be great. De Weerd: Okay. Come on up. Babcock: Madam Mayor, Members of the Council. We were just talking with Valerie and she wanted me to bring up this point and because I'm the most probably -- I work the most with Leads Online, so one of the things that we do when we access Leads Online as law enforcement agencies is -- first of all we all have to have a log in, but not everybody in the police department has a log in. Only a select few. And, then, after that, before we can start a search, we have to put some kind of a case number in there so every agency has to do that as well. So, that literally protects everybody what it's supposed to for -- I know one of the concerns was that law enforcement might just go and look at anybody's information, just type in a name just to see what they are up to, which the case number helps keep track of that. There could be audits done, I suppose, you know, with the -- the detective or whatnot to see who they are looking at, under what case number, and we don't always live by name, we do this sometimes by just property, but we always have that case number there that says what we are looking for, for what reason in a way, I guess. De Weerd: Appreciate that clarification. Lavey: Madam Mayor, Council, that brings me to another thing that I recall is that under type two precious metals, under the coins, we are not using Leads Online and so we did change some wording in there to alleviate fishing expeditions, we put some wording in there that an officer has to be conducting an active investigation such -- and a DR would be assigned to the case and everything else. So, you know, we played the what if's and the devil's advocate questions about how an officer could just go down there and try to get information out of the business owner, the business owner thinking he has to give it to him and trying to alleviate any concerns there. So, the wording you will see in the ordinance talks about it has to be an active investigation. And, then, the other thing I'd like to point out is that we -- although we didn't have every business group represented on the focus group, we have kept in contact with them, we put together a letter with a copy of the ordinance and we sent it out to every business person that deals with precious metals in the city and we have a list of that as well. So, just to really kind of keep the limited amount of people that this is going to affect in the loop and so they are aware of it and hopefully they will either send in written concerns or written support or -- or show up at the public comment setting, but we have sent out letters for every single business affected by this. De Weerd: Valerie or Mary Ann, would you like to provide any additional comment? Well, Council, if you have any questions for either -- Meridian City Council July 19, 2011 Page 26 of 35 Rountree: Just if you heard something that didn't quite jive with what your understanding was let us know. De Weerd: Okay. But you can't provide comment from there. Lavey: I think they are saying they are fine, so -- De Weerd: Valerie. Lavey: I have been asking Valerie -- I have been telling Valerie for a couple weeks that she had to present. But, really, I told the group that -- De Weerd: You need to speak into the microphone. Lavey: I told the group that they actually were an active part of this and so it's not just me speaking, I'd like for everybody to speak, but they didn't have to unless they wanted to, so go ahead, Valerie. James: Thank you. De Weerd: Thank you, Valerie. James: Madam Mayor, Council Members, I just wanted to say that I appreciated the process that we went through here and the chief being a pretty good facilitator. I am your token disagreement person with that Leads Online, which is why I had Detective Babcock come up and -- and relay that information about that DR number, because that was one of my hesitations and trepidations with -- with the ordinance in the first place was this -- who accesses this information. So, that does -- that doesn't completely alleviate all of my concerns about having databases that I don't have control over, but it certainly I believe strikes a good balance between the needs of the police officers and, then, those of us who are concerned about privacy. But I do -- I do want to thank the Mayor for appointing me onto the committee and my fellow members. It was a -- it was a good experience. So, thank you. De Weerd: It sounds like it was a good experience for all to hear every aspect and opinion and certainly concerns to address each of those. James: Absolutely. Are there any questions of me? Bird: I have none. Rountree: No. Again just thank you so much for participating. James: Thank you. De Weerd: Thank you. Meridian City Council July 19, 2011 Page 27 of 35 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would have one other for the chief. I guess this is kind of a sideways question, but we will now have two ordinances, one for precious metal dealers and one for pawn brokers or are we somehow trying to make those into one ordinance? Lavey: Madam Mayor, Councilman Zaremba, we already have an ordinance on the books for pawn brokers and we did not go in and attempt to change that or make anything in there. This is a separate ordinance and, really, it's because you have some people -- some pawn shops that are dealing with both and you have others that are just dealing with one thing and you have pawn shops that actually can do loans and you have precious metal dealers that don't and it's a completely separate ordinance. One thing that we have put in place under this ordinance, though, is for those pawn brokers that are doing business in precious metals, they can just get alittle -- check a little box on their pawn broker license and they don't have to do the dual payments as far as -- the background is the background and that sort of thing. So, we are trying to merge the two, but yet keep them separate, too. De Weerd: Pete or Jaycee, you want to take the PowerPoint off that screen. Okay. Council, anything further? Bird: I have nothing. Rountree: No. De Weerd: When would you like to see this on an agenda for a public hearing? Rountree: At any point, Madam Mayor, from my perspective is -- De Weerd: Is everyone here on the 9th? Rountree: I would be. Zaremba: Are you looking at August 9th? Rountree: August 9th. Zaremba: That's a workshop. We don't normally have public hearings on workshops, but the 16th probably would be -- De Weerd: Does the 16th work for the committee members? Zaremba: August 16th we are talking about. Meridian City Council July 19, 2011 Page 28 of 35 De Weerd: It would be third week of August. Lavey: Madam Mayor, I'm just looking at dates that Emily had put in here, just some suggestions. She had some proposals for maybe the 26th of July being a first reading, the 9th of August being a second reading and the 16th of August being a third reading and, then, choosing the most appropriate date for a public hearing and, then, our intent is to whatever this Council decides is to send out another letter to all the business owners explaining what the final outcome is and, then, also not putting this in place -- requesting that this not be put in place until October 1 to give the business owners a chance to adopt it and vet it out to see how it's going to affect them, so we can make it work. My only concern is if we do anything on the 26th I'm on vacation and I won't be able to provide any input, but I know that our faithful group could. So, that's my two cents. De Weerd: Okay. Well, Council, I would suggest the first reading would be your public comment. It remains open until you pass, but I think if we wanted to start that on August 16th, since the recommended start date wouldn't be until October 1st as suggested regardless, that gives time to notify again through correspondence -- we will publicize that August 16th would be the public hearing. Councilman Zaremba is -- or Councilman Hoaglun is gone next week and so I would like to make sure that all Councilmen are here. Does that work if we have the public hearing on August 16th? Lavey: Madam Mayor, I believe that works for us. We -- you know, the thing is we can even push it out past. I just want to make sure that we have enough time to be fair to our business owners to give them a chance to adopt this before it's put in place and if we have to make that October 15th or November 1st, we can do that as well. De Weerd: We can push that out Lavey: Those are just some rough ideas that we had. I do believe that I owe it to the group to be present for it as well and I would like all Council to be there and to participate in that as well and whatever date is appropriate we can do that. De Weerd: Okay. Well, we will set it for the public hearing, then, and first reading on August 16th. Okay. Lavey: We can send it our Facebook and Twitter right now. De Weerd: Very good. We probably want to push out, then, the start date as recommended. Okay. Okay. Thank you. And thank you for joining us this evening. D. Planning Department: Central Valley Expressway Project Letter Meridian City Council July 19, 2011 Page 29 of 35 De Weerd: Okay. Item 8-D is our Planning Department. Council, you do have a draft letter for the Central Valley Expressway project and, Pete, do you have any comments? Friedman: Thank you, Madam Mayor, Members of the Council. I really don't have any comments and I do know this letter has been circulated to the Council. It was a collaboration between Mr. Nary, Robert and Caleb. Received Council Member Zaremba's comments. If the Council is good with this letter, I have an original here for your signature tonight, if you choose to do that. Otherwise, I can work with staff and circulate it to you or take down changes and get this back to you. De Weerd: Okay. Council? Rountree: Madam Mayor, I only have one comment and it's just a point I don't know if we need to make in letter or not, but in the letter we talk about not only State Highway 16, but US-20, Meridian Road -- or Meridian interchange, transportation projects, some of which are in the TIP and some of which are not, but there is no mention of COMPASS and the transportation planning aspect that they have with something like this as well, beings that all of these are significant projects and all part of the COMPASS project process. Should we mention that in this letter? I'm not sure Gary understands that, because he's -- as a group they are going into each territory, if you will, or each member of COMPASS and making this presentation. Bottom line is if anything does come of this it's going to have to go through COMPASS, so do we make that point in a letter? I think it's a great letter, I just wondered do we want to do that now or if -- and it's a big if --there is any funding identified, then, we do it. De Weerd: I guess it doesn't hurt to put a sentence or two about the process if funded or if monies are found, that we would support -- support the project through that process. Friedman: Through the Compass vetting, if you will. De Weerd: It would have to be on the STIP and the TIP and -- yeah. Friedman: I'll make a note here to note the COMPASS corporation and, then, I will let the author of the letter do with it and send it back out to you for review. De Weerd: Okay. And I did notice that ITD is renaming the STIP process to something else. Rountree: I something. De Weerd: ITIP. Yeah Rountree: ITIP. Yeah. De Weerd: Okay. Meridian City Council July 19, 2011 Page 30 of 35 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have got another clarification. On the sentence -- on the last -- in the last paragraph towards the end of it it says your coalition and the city has looked for financial partners. I don't recall us saying we are going to be a financial partner to start with. We have looked for financial contributors, but -- but I don't think we have ever said we were going to put any money up on that. De Weerd: Well, we will give it clarifying -- some clarifying text. Bird: Yeah. That's all I -- it sounds like we are looking for some financial partners. We are looking for financial period. We are not saying we are going to be partners. Friedman: Council Member Bird, which sentence was that you wanted to note? Bird: Pardon? Friedman: What sentence was that that you would like us to --? Bird: On the second page there it's the next to the last paragraph, second sentence -- the third sentence. De Weerd: Okay. Friedman: Okay. De Weerd: I smell smoke. Bird: You know, I do, too, now. De Weerd: Okay. Hoaglun: Madam Mayor, just a comment on this letter. I mean I'm fine with the letter, but, you know, this is a huge, huge project when you look at everything that's included in that and I think Councilman Rountree at the last meeting when this was under discussion kind of was looking at, you know, when projects get so big it sucks all the oxygen -- not to say money out of a room and it gets very difficult to find that type of money for projects like this. I think Title Three, federal government program, is going to be about 400 to 500 million dollars -- Rountree: Five hundred million. Hoaglun: Is it 500 million? Meridian City Council July 19, 2011 Page 31 of 35 Rountree: Yeah. Hoaglun: And, you know, that -- this project alone could do everything they want if they take all that money. Well, that's for the whole country they are offering this grant program, so you know, I hope we still move forward trying to find -- you know, a 35 million dollar bridge project is much more doable and just so people know this -- we aren't throwing all our chips into one basket here, but we are still going to be looking for those opportunities for grants for the Meridian interchange and see if we can make that happen. But it's good that we are part of this coalition to make this all happen, because we realize that transportation projects are a regional issue and at the same time we are going to be working on our particular project as well. Item 9: Ordinances A. Ordinance No. 11-1486: An Ordinance of the City of Meridian Amending Title 8, Chapter 6, Section 2, to a New Number Title 8, Section 6, Chapter 5 Relating to Agreements for Infrastructure Enhancements; and Providing an Effective Date De Weerd: Right. Thank you. Okay. If there is nothing further on that item, we will move to Item 9-A, which is ordinance -- proposed ordinance 11-1486. I will ask Madam Clerk to, please, read this ordinance by title only. Holman: City of Meridian Ordinance No. 11-1486, an ordinance of the City of Meridian amending Title 8, Chapter 6, Section 2, to a new number, Title 8, Section 6, Chapter 5, relating to reimbursement agreements for infrastructure enhancements and providing an effective date. De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety, since only the anyone is just one shaking his head. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 11-1486 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion from Council, Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council July 19, 2011 Page 32 of 35 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Council, before I mention Item No. 10, which is an Executive Session, I will note that I did receive a letter today from the MDA and it's to recognize what our firefighters have done in support in their Fill The Boot fundraiser to benefit MDA. On June 27th and 28th these dedicated men and women had a goal to raise 18,000 dollars and through their efforts they surpassed that goal and raised 22 -- over 22,000 dollars. As you know that the funds raised from the Fill The Boot event are used in Ada County to provide services for those families that are living with muscle diseases and so this letter is a thank you. I will get you each a copy and I did want to note that exceeding their goal and every year they do a phenomenal job and it just shows the generosity that our citizens have in this community to support worthy causes like that for families or to benefit families within our county. So, hats off to our firefighters and, Perry, if you will, please, extend our congratulations and appreciation. Item 10: Other Items A. Executive Session Per Idaho State Code 67-2345(1)(f): To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Okay. Council, at this time I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Hoaglun: Second. De Weerd: I have a motion and a second to adjourn into Executive Session per Idaho -- or per Item -- agenda Item 10-A. 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. EXECUTIVE SESSION: (8:35 p.m. to 11:17 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Meridian City Council July 19, 2011 Page 33 of 35 Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Item 11 is other future topics. Anything for the good of the order? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't know if this is a future topic or just a topic of information. You all may or may not know the Tiger grant -- or the new Tiger grant application process is underway. Tiger Three. ITD has asked COMPASS to take the lead on submitting a grant for the Meridian interchange and they apparently are going to match up to about seven million dollars of the 35 million dollars projected cost and what's being discussed is whether or not it's worth the effort to complete the grant in the time it's going to take COMPASS and our staff to do it. Given the outcome of the last grant application and what the trend was is that those applications that were approved last time had something on the order of 30 to 50 percent match, which would mean somebody would have to come up with three and a half million dollars to add to what ITD has indicated they would match and that's being discussed right now at COMPASS and with our staff and at some point in time it may be decided that if there is a private entity or funds available out there somewhere that can come up with that match, then, maybe we move forward with the grant application or maybe we would -- I think Brad mentioned 400 of the 500 million dollars that's going to be allocated anyway. I made the point that we learned yesterday in the COMPASS meeting that ITD has been shopping around for projects to try to utilize the 25 million dollars worth of federal aid they couldn't get obligated this year, because it didn't get spent on (unintelligible) that's why can't they accelerate projects in previous years in the prior -- in the upcoming years and to use that money, which they will, and, then, dedicate a little bit more federal aid and dispatch that project. So, that may be discussed (unintelligible). Anyway, just for your general information. We'll probably have more about that. Hoaglun: And, Madam Mayor, just to note, a reminder that I will be gone next week to Washington D.C. Zaremba: And Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council July 19, 2011 Page 34 of 35 Zaremba: This is a -- I guess a future meeting topic potential and the question is whether we want to consider something or not. I was contacted by a gentleman and I know Keith was contacted by him -- Bird: And I forgot. I had a funeral come up Monday and couldn't meet with him. Zaremba: Well, I -- I hooked myself onto what was going to be your meeting with him and, then, it ended up just being me. Although I did suggest that he still try and talk to you, but we may have -- the question is -- it's a gentleman who wants to get adoor-to- door sellers permit who has a felony conviction that requires him to register as a sex offender. He claims that it was aone-time event, he's been clean for many, many years, he has gotten that permit in both Kuna and Nampa, because, apparently, their provisions are different from ours that have some grace period if you have been clean and he is asking if we would care to consider making some changes to our ordinance that would give some grace if somebody's been clean for a lot of time. So, my question is do we want to discussion that or -- I see the chief shaking his head. Bird: Let's see what they have to say. That's what I was going to say, what does chief and the legal say? Zaremba: We spent about two hours together, so I could -- I could give you the five minute version of what he claimed happened, but I guess my main question is not just about him, but about everybody. Do we want to think about some grace -- somewhere after a certain amount of time of being clean? De Weerd: Before I ask the chief to respond. We are a family friendly community and, you know, it's hard to say there is a blanket judgment on everything, because I -- I understand nothing is black and white, but who is to judge? And I know the police department has talked with the same gentleman, but certainly -- I had to get my two cents in. Chief. Lavey: Well, Madam Mayor, Council, I -- Zaremba: Well, that would be a major -- that would be a major issue is how would we administer the exceptions if we made them. So, I don't know how Nampa or Kuna does, but -- Lavey: You're heading down a slippery slope and you have to ask yourself why are you clean, because when you're in prison you have a clean record and I'm not saying that's the case here, but I'm saying you have to look at every individual case and they got that designation for a reason and I believe that a court should be the one that removes that designation and we could accept that, but us to be the deciders of that, that's a slippery slope and I don't want to be the one that does that. But I'm sure my peer over here has a comment as well. Meridian City Council July 19, 2011 Page 35 of 35 Nary: I couldn't say it better. I don't know how to put degrees to sex offender status. There is no protective status to being a sex offender. So, if that's -- if that's a reason that disqualifies you -- there was an intention that we put that into the ordinance when we created it and I guess, you know, the easy thing for me to respond to a member of the public that asks that question is who do I want to defend, the Council that doesn't provide -- the city that doesn't provide door to door or mobile licenses to people that are on sex offender registration lists or defend ourselves against the person who gets accosted by that person. We tried to put those into play for a valid reason and I know that the reasons changed. I think the person is claiming that there is some grace period at some point that it doesn't apply, but I think the chief is right, that's for a court to decide that you don't belong on the registration anymore or the legislature. De Weerd: And -- yeah. And the court does allow you to go through a process of dropping that. Nary: It does. De Weerd: And, then, you're no longer on the list. Yes. Nary: Yes. Bird: I agree with the -- I agree with the legal area. Zaremba: Thank you. That gives me an answer to give him. De Weerd: Okay. If there is nothing further, I would entertain a motion to adjourn. Bird: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~, /~~yiGh~~L/P/I ~ ~ ~ l oZ ~ l MAYOR pADSIMY De WEERD ~1!Innlll„ I - ~~~~`` (7F R~F'pe~rP''r•~ ~ _ ~ - C~~i~~F~.~ur~ z ~~°~', ~, ~,~ o.' , _,. '`,'~~ a~~r 1,z,j -~ =~ ~, { q / ~~~ J,~~//fir ~~!'~ 4 ~S ~ \`\ ~~ X11071111 11111\1l` APPROVED CITY CLER ChangestoAgenda: Item SB: Vacate from the agenda. Item 7C: Avendale (PP-11-001) Application(s): RECEIVED JUL 1 9 2011 CITY OF CL{e~ra"~ CITYCLERKS OFFICE - Preliminary Plat consisting of (6)multi-family building lots & (6) common/other lots on 24.61 acres of land Size of property, existing zoning, and location: This site consists of 24.61 acres, is currently zoned R-15, and is located north of W. Franklin Road, approximately Y4 mile west of N. Ten Mile Road. Summary of Request: The proposed preliminary plat is a re-subdivision of a portion of Umbria Subdivision, consisting of (1) large multi-family building lot, (1) commercial/office building lot, and (1) common lot on 28.65 acres of land; only the residential portion is proposed to be re-subdivided. The proposed plat consists of (6) building lots on which a total of 369 dwelling units will be constructed consisting mainly of apartments (20 structures consisting of 12-plexes,16-plexes, 18-plexes, 24-plexes) with same duplexes (5 structures). The proposed density is 14.99 dwelling units per acre consistent with the MHDR land use designation. Six common lots are proposed on which a clubhouse, fitness center, open space, & other amenities, along with streets will be constructed. The plat is proposed to develop in three phases; the first phase will include the clubhouse and associated amenities. A private ingress-egress easement exists along the east boundary of the site between the subject property and the church property. Private streets are required for access to the multi-family units proposed within this development. Perugia Street is planned to extend to the west as a collector street in the location shown on the proposed plat, in accord with the TMISAP. Commission Recommendation: Approval at the June 16th public hearing Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: None iv. Written testimony: Becky McKay (response in agreement wlthe staff report) Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: i. None Notes: Item 7D: Jayker ROW (VAC-11.002) Application(s): - Vacation Existing zoning and location: This site is currently zoned R-8, and is located on the north side of W. Greenspire Drive; midway between N. Tree Haven Way and N. Moon Drummer Way. Summary of Request: The applicant is requesting approval to vacate 751 square feet of public right-of-way (ROW) platted with the Jayker Subdivision. The portion of ROW proposed for vacation is to become part of the proposed Spunving Grove final plat. Originally, the ROW was dedicated to facilitate a street extension with a future phase of the Jayker Subdivision. In 2010, a new preliminary plat (Spurwing Greens) was approved that reconfigured the internal street network and depicted buildable lots in the location of the existing curb return. ACHD has acted on the approved Spunving Greens preliminary plat and a review of their conditions revealed no requirements for the extension of a public street in the vicinity of the existing curb return. Therefore, staff believes one will not be warranted in the future based on layout of the approved preliminary plat. Since this request affects public ROW, ACHD will have the final action on the subject application. However, the Council must provide action on the application before ACHD makes the final decision on the request. Staff recommends Council approve vacating the public ROW as proposed. Written Testimony: The applicant is in agreement with the conditions contained in the staff report. Outstanding Issue(s) for City Council: None Notes: Item 7E: Spurwing Grove (FP-11-006) Application(s): - Final Plat Summary of Request: The applicant has applied for final plat approval for three (3) building lots and one (1) common lot on approximately 0.80 acres of land. This is the first final plat proposed for the Spurwing Greens Subdivision approved by Council on October 12, 2010. The proposed subdivision is currently zoned R-B (Medium- density Residential District). The gross density proposed with this phase is 3.75 dwelling units to the acre. The proposed plat is in substantial compliance with the approved preliminary plat. Written Testimony: The applicant is in agreement with the conditions contained in the staff report. Outstanding Issue(s) for City Council: None Notes: Meridian City Council Meeting DATE: Julv 19, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 5, 201 1 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 6, 201 1 City Council Budget Workshop MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 7, 201 1 City Council Budget Workshop MEETING NOTES /~~+n1Kd r~/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Beer and Wine -Wahooz Beer and Wine Approval -Wahooz Family Fun Zone MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Meridian Vision MDA 11-003 Addendum to Development Agreement for Approval: MDA 1 1-003 Meridian Vision by Kevin McElroy Located at Northeast corner of N. Meridian Road and E. Carmel Drive Request: Amend the existing DA (Inst. # 107067262) to include a new site plan and new elevations MEETING NOTES ~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~-- IDAHO June 28, 2011 Dr. McElroy c/o Jason Smith Erstad Architects jsmith@erstadarchitects.com / RE: Modified Development Agreement -Meridian Vision MDA 11-003 To Whom it May Concern: MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Enclosed please find the Modified Development Agreement for Meridian Vision, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian Clerk's Office for placement on the next available City Council agenda for approval. Please call me if you have any questions at 208-489-0389. Sincerely, ~~~~ Jacy Jones Deputy City Clerk Encl. ~w~ ~ ~ ~ M~~, ~ ~a ~t~ ADA COUNTY AECORDEA Christopher D. Rich AMOUNT .00 BOISE IDAHO 07121111 12:50 PM flECDRDED nREOUEST OF III IIIIIII'IIIIIIIIIIIIIIIIIIII'll III Meridian Ciry 1 1 10581 95 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kevin McElroy, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this ~ q day of ,~vt~1 , 20~, ("ADDENDUM"), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Kevin McElroy, ("OWNER/DEVELOPER"), whose address is 1012 N. Main Street, Meridian, ID 83642 . RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was approved on April 24, 2007 and recorded on May 10, 2007 (Instrument # 107067262). 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 ofthe covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant of his agreement are only those uses allowed in the C-C zoning district under the City's Zoning Ordinance codified as Meridian Unified Development Code §26-2, 4.2 No change in the uses specified in this Agreement shall be allowed without modifications of this Agreement 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Owners" andlor "Developer' shall develop the "Property" in accordance with the following special conditions: ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 1 ] -003-Msamunr Vis~ox Fxx HOYD PxoeeaTr) Page 1 of 5 1. Across-access easement to Carmel Drive shall be provided to the property to the north (Parcel No. S1106336012). Prior to issuance of a Certificate of Zoning Occupancy on this site, submit a recorded copy of said cross-access easement to the Planning Department. 2. The hours of operation for future businesses on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts on the existing residences adjacent to the site. 3. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. Concurrently, the applicant shall obtain administrative design review approval of the proposed structure(s) and site in accord with the standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual. 4. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 5. Any future building on the site shall substantially comply with the conceptual elevations and construction materials submitted to the City as shown in Exhibit A of the Staff Report. 6. The detailed site plan submitted with any CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. 7. The applicant shall be responsible for all costs associated with sewer and water service installation. 8. No direct lot access to Meridian Road shall be allowed to this site. 9. Upon development of the property, a minimum 25-foot wide landscape buffershall be constructed along N. Meridian Road. The landscape buffer shall be placed on the subject property, in accordance with the UDC standards. 10. Upon development of the property, a minimum 10-foot wide landscape buffershall be constructed along Carmel Drive. The landscape buffer shall be constructed in accordance with the UDC standards. 11. Upon development of the property, construct a minimum 25-foot wide landscape buffer adjacent to any existing residential uses which abut this site. 12. In accord with the Meridian Pathways Master Plan, a 10-foot wide multi-use pathway is required to be constructed along N. Meridian Road. Five feet maybe added to the existing sidewalk to satisfy this requirement similar to the pathway constructed on the property fo the north at 1990 N. Meridian Road. 13. Any new building on this site shall be required to receive elevation certification. 14. The applicant shall complete all required improvements priorto obtaining a Certificate of Occupancy for the proposed development. 15. 100 Wait and 250 Watt, high-pressure sodium street lights shall be required perthe City of Meridian Department of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works Department for approval. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 1 r -003-Msarov,N VISION Ftw Hovn PxorreTV) Page 2 of 5 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this 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/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if Ciry, in its sole and reasonable discretion, had determined that Owner/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 j urisdiction, 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. ~' S. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions orunder-standing, either oral or written, express or implied, between Owner/Developer and City, other than as aze 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 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 Ciry 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 Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 1LOOS-MERIDIAN VrsioN raw Hom Peove2rr) Page 3 of 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER Attest: Holman, City Clerk Kevin McElroy CITY OF MERIDIAN ~~ ~~ Mayor T y de Weerd ~{4~4,1i 17!11 /r r` "~ ~~c, ~~ C~' ~~nanoRq T~ !~~ kfi~~ \?;._ UCH/ ~~'9\ ~5'T 1S~,N~'~ ~ ~.. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA ll-003-MEarow~ V/sloN r'lcrl HoYO Pxovsa'rtr) Page 4 of 5 STATE OF IDAHO ) ss. County of Ada ) On this _~ day of y~i~,f , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Kevin McElroy known or identified to me to be the person that executed the within and foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. N Public f r aho Residing at: ~~ d t a~ JD My commission expires;~aw~ 4 , dui 4 STATE OF IDAHO ) County of Ada ss On this~~ day of 2011, before me, a Notary Public, personally appeared Tammy de Weer and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ... ~SICA JO~~• ~, pTA '.r~ ~ ••~ ~~"~'N; tary Public fd • Idaho Residing at: &..{Px~~tg~ ~ P j ~ Commission expires: TL, ,~ ~ ~a ~ 4 OF ADDENDUM TO DEVELOPMENT AGREEMENT (MDA ll-003-Mearouta V rs~ox erw How PxorEttTr) Page 5 of 5 Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Community Items/Presentations Police Department -Swearing in of New Police Officers MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes v' CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Revised UDC Language for Sureties ZOA 11-002 Revised Attachments MEETING NOTES ~c7 !~~` 1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 19, 2011 ITEM # PROJECT NUMBER 7A ZOA 11-002 PROJECT NAME UDC Text Amendment PLEASE PRINT NAME JUL t 9 FOR I AGAINST I NEUTRALI CITY E IDIAN;--- ~. July 12, 2011 MEMORANDUM TO: Mayor and City Colu',ncilf FROM: Pete Friedman ~F! J Rl;: Revised UDC language for Sureties MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba At the public hearing on the proposed amendments to UDC Chapter 5 Article C: Surety Agreements, Council discussed revising the recommended amendments. Specifically, the direction was to remove the specific amount of the surety for performance from the UDC and refer to amounts established by Council resolution for both infrastructure and development amenities such as landscaping. This would provide flexibility to adjust the amounts in the future without having to undertake UDC amendments. The revised language is attached. Planning Department .660 E. Watertower Streel, Suite 202, Meridian, ID 83642 Phone 208-884-5533 Fax 2D8-888-6854. www.meridiancity.org PROCESS: A. The city may withhold building, electrical or plumbing permits, certificates of zoning compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this title have not been constructed or installed, or if such improvements are not functioning properly. B. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the city engineer, an owner may post a Derformance surety for such improvements in order to obtain city engineer signature on the final plat. The amount of Delebed: equal W not kss Than one C. In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and nonhealth improvements, such as landscaping, pressurized irigalion, and fencing, prior to city engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in this chapter. & The amount of surely called for shall be established by Cily Council resolution the-estimated DeleMd: equal to not less than one ^^I ^''~" :~ •°"~~~ ~ :r,~ ^^~ °^d ••^d ^^d ^ •^,^v-'", r''^ •~• ~ hundred Mn /wen 0ve percent (14025%)of "°° Y'°•' 1 °YY"°°" ° "'•"'••° °" °YY^'•~ ~°~°9^~~ Frye asl of comPeOn (here ui ^' a'^^ '^^a^^^^^ ^^a '^^^ ^^ ^ •^r'°^. The estimated cost for landsca a and fencin e q ~ ° P 9 improvements. sureties shall be provided by the applicant and reviewed and approved by the director. D€. The-surety Sureties shall be in the form of as bind an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Meddian. E~. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provded by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. F6. Where a surety is accepted by the city and deposited as provided by this article, the surety shall be released subject to the following regulations: 1. The owner shall submit a written request to the city to retumlease the surety. The request shall include the following documents: a. A statement from the owner that the required improvements are complete. b. Two (2) sets of prints of the as built plans and specifications for all improvements. 2. The city engineer and/or director shall verity and certify that the required improvements, as detailed in the surety agreement, have been installed and/or accented by the city at the end of the warranty period. The as built plans shall be reviewed and aooroved by the city enoineer or director. 3. Upon certification of the city engineer and/or the director, the city shall release the sureties heretofore deposited in the manner and to the extent as provided for in the surety agreement in accord with the re ulations of this article. ~ILAFT CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ESTABLISHING THE AMOUNT OF THE PERFORMANCE SURETY FOR ALL IMPROVEMENTS RELATED TO PUBLIC INTRASTRUCTURE OR LIFE SAFETY. WHEREAS, all improvements related to public infrastructure or life safety such as, but not limited to water service infrastructure, sanitary sewer infrastructure, reclaimed water infrastructure, stormwater infrastructure, and/or fire sprinkler systems shall be completed prior to occupancy of the structures within the City of Meridian; WHEREAS, where approved by the Meridian City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat; WHEREAS, the amount of the performance surety for all improvements related to public infrastructure or life safety shall be equal to one hundred and twenty five percent (125%) of the cost of completing the required improvements. WHEREAS, the estimated cost shall be provided by the applicant and reviewed and approved by the City Engineer. WHEREAS, all other non-life safety improvements, such as, but not limited to, fencing or landscaping also require that they be completed prior to occupancy of the structures within the City of Meridian; WHEREAS, where approved by the Meridian City Engineer and/or Director, an owner may post a performance surety for other non-life safety improvements in order to obtain the City Engineer's signature on the final plat; WHEREAS, the amount of the performance surety for other non-life safety improvements shall be equal to not less than one hundred and ten percent (110%) of the cost of completing the required improvements. RESOLUTION SETTING PERFORMANCE SURETY AMOUNT PAGE I of 2 WHEREAS, in addition to the performance surety, all such improvements related to public infrastructure of life safety shall also be subject to a warranty surety in the amount of twenty percent (20%) of the cost of improvements for a period of two (2) years. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian hereby establishes the amount of the performance surety bond for all improvements related to public infrastructure or life safety in the amount equal to one hundred and twenty five percent (125%) of the cost of completing the required improvements. Section 2. The City Council of the City of Meridian hereby establishes the amount of the performance surety bond for all other improvements that are non-life safety in the amount equal to not less than one hundred and ten percent (110%) of the cost of completing the required improvements. Section 3. In addition to the performance surety, all such improvements related to public infrastructure of life safety shall also be subject to a warranty surety in the amount of twenty percent (20%) of the cost of improvements for a period of two (2) years. ADOPTED 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. APPROVED: Mayor Tammy de Weerd ATTEST: By: Jaycee L. Holman, City Clerk RESOLUTION SETTING PERFORMANCE SURETY AMOUNT PAGE 2 of 2 Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Ordinance No. 11-1485 Performance Warranty & Continued from July 5, 201 1: Public Comment: Ordinance No. 1 1-1485: An ordinance of the City of Meridian, Enacting a New Section, Title 8, Chapter b, Section 2, Relating to Performance and Warranty Surety for Public Infrastructure (Second Reading) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 19, 2011 ITEM # PROJECT NUMBER 7B PROJECT NAME Ordinance No. 11-1485 PLEASE PRINT NAME FOR AGAINST NEUTRAL E C E IV~E, ~"~~ JUL L9 2011 E IDIAN~- Public ~ D A H O Works Department Mayor Tammy de Weerd City Couneil Memberp Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Tom Barry, Director of Public Works CC: Bill Nary, City Attorney Anna Canning, Planning Director DATE: June 16, 2011 SUBJECT: Private Development Surety Evaluation and Proposal The public hearings for the proposed modifications to the City's current private development surety program (one for UDC changes and one for ordinance establishment) have been scheduled for June 21s`. These hearings represent the culmination of nearly 10 months of work, constituting more than 30 meetings with a wide variety of City representatives, specialists from the bonding, insurance, and legal fields, developers, builders, and elected officials. In preparation of these public hearings, please find attached the following documents: 1) the framework proposal detailing the recommended changes to our surety program (previously distributed on April 7, 2011) (Attachment A) 2) a description of the various types of sureties and their advantages/disadvantages (Attachment B) I know that this information was shared with you in previous meetings and presentations, however, as a courtesy, I wanted you to have one complete packet of information for the hearings. You should also receive by separate transmittal from the City Clerk the following documents which are intricately related to this work: 1) From the Plannins Department: a Planning Department Staff Report detailing the UDC text amendments and the Planning Commission's formal recommendation on those amendments 2) From the Leeal Department: the proposed ordinance enabling the recommended changes Thank you for your time and consideration on this important issue. I and the team look forward to discussing this proposal with you next week. Please let me know if you have any questions, comments, or concerns in the interim. Attachment A ~~EI~IDIAN Private Development Performance & Warranty Surety Proposal Meridian Public Works Department Apri17, 2011 Existing Surety Process Background The cunent City of Meridian Ordinance governing the subject of Development Sureties is found in the Unified Development Code (Chapter 11, Title 5, Article C. Surety Agreements). In general, the purpose of this provision is to allow anowner/developer to post surety to guarantee the completion of all required improvements re]ated to public life, safety and health, in order to obtain the City Engineer's endorsement on the final plat. This code also provides an avenue by which an owner/developer can post surety for non-life, non-safety and non-health related required improvements, such as landscaping, pressurized irrigation and fencing. In both cases, owner and developer can obtain the City Engineer's endorsement on the final plat once surety is posted. The City's endorsement on the final plat allows the owner/developer to proceed with obtaining the remaining endorsements and ultimately the recordation of their plat into Ada County Records and begin selling lots. Unified Development Code Section MCC 11-SC-3D sets the amount of performance surety at one hundred ten percent (110%) of flee cost of completing the required improvements although jurisdictions are not prohibited frorn requesting higher amounts. The Unified Development Code Section MCC 11- SC-3E also specifies the forms of surety that are appropriate. Currently, only an Irrevocable Letter of Credit or Cash surety is accepted by the City - bond sureties are not currently accepted. Additionally, while the City of Meridian requires a one year warranty period for completed infiastructure, it does not currently require a warranty surety to guarantee correction of warranty deficiencies. Need for Change There are two surety-related issues that need to be addressed for the City to adequately cover its potential risk relating to the construction and transfer of developer-constructed infrastructure. The first of the surety concerns is related to the performance surety amount and the second is related to the need to develop a warranty surety process and amount. Performance Surety: As stated above, the City's existing performance surety amount is I l0% of the cost of completing the required improvements per UDC minimum requirements. City Staff has recently reevaluated the performance surety amount and has determined that 110% is an inadequate arnowtt to cover the City's likely costs in order to satisfy a developer's obligations when they fail to perform. The current surety amount of 110% does not account for additional cost factors like Bid Variability, Ecortotnic/Inflationary Factors, Project Management/Administrative Costs, Rework Costs, Constriction Contingencies or Project Timing costs associated with completion of the project. Warranty Surety: Additionally, the City of Meridian does not currently require the posting of a surety to cover the warranty period following the completion of construction. This has proven to be problematic and costly for the City. If the contractor or owner of a project is financially unable or unwilling to address warranty deficiencies, the City must currently fix the problems at its expense and use legal recourses in an attempt to recoup its costs. P~iE:u; I)a elupumN Ptrtnrm;mce~~liun.nn~ 9nrcl;. Pmpmul-,'yuil 7_'011 Pa~c I <~I'-I The Approach In light of these concerns, the Public Works Depu-ment assembled across-fimctional team of individuals from several divisions and departments including Engineering, Development Services, Business Operations, Finance, Construction, Inspection and Legal to review our current surety process and develop recommendations. Additionally, experts from the bonding, insurance and legal fields were consulted to gather information, answer questions, azrd provide recommendations to the group. The Department also developed a stakeholder focus group comprised of a ntunber of developers with whom which several meetings were held to refine the proposal. Additionally, the Department conducted a regional benclunat-king study to identify the surety practices of other municipalities and districts to further strengthen the proposal. Guiding Principles: The Team used guiding principles to he]p direct its actions and approach. These principles included the following: Be open and transparent in developing the process, method used, and recommendations • Be fair and balanced in both the approach and outcome ^ Engage stakeholders in developing the path forward ^ Address the City's exposure and meet Developer requirements in the most optimal way possible Ensure that all Developers are offered the same options to eliminate favoritism ^ Seek solutions that best fit any economy -whether growth, recession, or recovery Use a simplified and streamlined approach ^ Use benchmark data from regional entities to compare and calibrate the approach taken Align outcomes and recommendations with the City's mission, vision, and values Every effort was taken to ensure outcomes based on collaboration, communication, and coordination. The team met weekly to engage in process development, research, and analysis to develop its recommendation. Actions Taken: Several actions were taken by the Team in an effort to address the sihiations, issues, and problems. These additional actions included: Reviewing statutes and policies to detennine options available Evaluating current and past development projects to assess the level of exposuure to the City ^ Surveying general practices in regional cities and highway districts • Evaluating both current and future conditions Defining the surety process for construction and non-construction scenuios • Conduction comtnmrication sessions with Council members to get their input ^ Conduction multiple focus group sessions with the developing community Engaging Subject Matter Experts in the legal, financial, and insurance industries The City's Engineering Division also conducted a survey of 25 entities comprised of 19 regional cities, 5 highway districts, and 1 sewer district (see Exhibit A). Conclusions of that study are as follows: Pricacc Dccilu~unrnL I'crlurnnn~~i~ k V~4¢f;mh tiurcfc Propun;il - P.pril 7?0I I I'aec > nY d ^ 21 entities require a Warranty Surety/Bond ranging from 10% to 50°/o ^ The regional average of the Warranty Surety/Bond amount is 34% ^ The regional average of the warranty period is 1.2 years 11 entities require a Performance Surety/Bond in excess of 110%, ranging from 120% to 150% The regional average for the Performance Surety/Bond is 127% The study covered 14 Idaho locations, 3 Oregon locations, 5 Washington locations, and 3 Utah locations. These locations ranged from just under 10,000 to over 200,000 in population. Proposed Surety Changes and Recommendations Warranty Surety (Developer Projects): A. Proposed Warranty Surety Requirements 1. Require 24-month warranty period (See Exhibit B) 2. Conduct warranty inspections 3. Add cost of warranty inspection to initial inspection fees 4. Require a warranty surety in the amount of 20% of total construction costs 5. Allow the following surety options: wan•anty bond, letter of credit, cash, or cash equivalent Warranty Surety (City Projects): A. Unlike private projects, on publically owned and managed projects the City requires a Performance Bond (required for all City projects via the Construction Contract). This is not a cash equivalent surety, it is an actual bond. However, Staff will need to extend the warranty time period from 12 months to 24 months on public utility projects to comport with the privately constrrtcted infrastnichire warranty period recommended above. Performance Surefy: A. Proposed Performance Surety Requirements 1. Increase amount from 110% to 125% a. Surety amount is based on the engineer's estimate 2. Allow the following surety options: performance bond (automatically includes warranty coverage), letter of credit, cash, or cash egLUValent The following exhibits provide additional detail and information that formed the basis ofthe above recommendations: A. Supporting Documentation and Concepts ]. Exhibit A: BenclunarkingSurvey 2. Exhibit B: Construction Warranty Period Timeline 3. Exhibit C: Calculations, Basis for Warranty and Performance Sureties 4. Exhibit D: Estimated Premium Costs for Bond Options 5. Exhibit E: Proposed Surety Process for Private Development Projects Pi isam IY-~rupr~tm Pcrlornrann~: 1l :,i; only Sivi:h prupot;il -April i. 7_(I I I;:°e~ula Conclusion The City of Meridian currently requires performance sureties for developer projects. However, the surety amount required is inadequate to cover all costs that could result if the City were required to cash the surety and construct the project on its own. Therefore, a 15 percentage point increase in the overall cost of the performance surety is recommended to protect the City against unplamned and mibndgeted expenses. Cuurently, the City of Meridian does not require a warranty surety. It has become apparent, due to recent events and the current economy, that the absence of a warranty surety leaves the City exposed to the cost of making infrastructure repairs even though the project may be under warranty. The adoption of the warranty surety process outlined above would protect the City against unplanned and tmbudgeted expenses. It would also provide a means to insure that the cost of private development is born by those benefiting from or requiring the development. In addition, it would help protect subsequent property owners from the cost and delays that can occur from resolving warranty related issues. Next Steps If the recornmendationsrnade are supported, then the following next steps are recommended: ^ Direct Staff to revise/create ordinance(s) and fee schedules enabling the recommendations presented ^ Update Development Agreement Templates ^ Revise the Meridian Supplemental Specifications (MSS) Update Public Works Contract Documents ^ Modify Public Works bid specs and other applicable documents to include a 2-year wan•anty Develop a surety agreement template for use in private development projects Prireic U.^-clupment Pcrlnmranrca V1 aa,mly 9pvtti Pmpus;il ,'.pill ',_''-U 11 I':r2c d of -4 C O r •y N a ~> y Eon ~ W O Qua o '~ d N ~ 7 ~ N ~ '~j d d ~ ao .c o c ~ d a>a m D a x w C p l R 10 W N N N f0 ld l0 ltl N N ~ N c0 (0 ~ N N 10 O N (0 c0 > T T > T > T T ~ T T T > ~ > T T O ~ a > ~ y ~ . . . . T . . . 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''3 mv~ mot d o E . 2 - rh __._-L-. a.E £m~ Z u_ ~ ~ 3a~ Wcd ' ~ °d `gyp pg d J~ c u LL~ N d G ~, O1 O c W ~ C~ 3 {~ ~ C d v~° a p o d gy \\\~\ p' aryp o O°~ `~ o'n I LL 3 LL H ~ d ~ U N O Y g~ o m ~~ b 10 O m as Q 0 N N .U ~ a ~ ~ a ~ ~ U " c U U W ad ca } c 0 ~a`o vdi ~ ~ ~ v vy `o U v T d T c 'y3 c d d W S ~ ~ c ~ a O U Attachment B From the International Risk Management Institute -April 2003 Types of Guarantees Most Frequently, the owner/developer will select one of the following forms to guarantee completion of the improvements: 1. Corporate surety bonds 2. Irrevocable letters of credit issued by a financial institution, e.g, bank 3. Certificates of deposit (CDs) 4. Other, such as cash, certlFled/cashiers check or money order 5. Tripartlte agreement Pros and Cons Corporate surety bonds are far and away the most preferred option for most owner/developers when you consider the potential disadvantages of the alternative guarantee forms.. • Irrevocable Letter of Credit (ILOC): To secure an ILOC, the owner/developer typically encumbers a portion of its Ilne of credit for a fee. The security for the ILOC may be funds on deposit at the bank with their immediate right of set-off (seizure). If the bank elects not to renew the ILOC, the public agency would have the right to promptly draw down on the full amount of the ILOC. Such a drawdown of the ILOC will create a loan, which the bank could promptly call for Immediate repayment. • The governmental entity holding the ILOC has the right to draw on the ILOC anytime they believe there Is a breach of the owner's obligations and the owner would have little or no opportunity to stop the drawdown. The ILOC is strictly a Financial instrument and the bank provides no prequaliFication services to assure the owner/developer has the capacity or experience to perform. • Certificates of Deposit (CD): It is effectively a cash deposit that ties-up the owner/developer's capital, which normally can be deployed more productively. The CD is subject to forFeiture by the unilateral demand of the public body. For the public body accepting the CD as security, it provides no prequaliflcation benents. In addition, it saddles the public body with administrative burdens to make sure they accepted a CD that was in proper-assignable form, that they In fact had unequivocal authority to draw down on the CD, that they don't release it until all possibility of nonperformance had passed, and that they hold the instrument in safekeeping and properly return it to the owner/developer. Other Security (such as cash): This option has many of the same concerns as with CDs. In addition, the public agency would have to make some determination that the cash being deposited was "legitimate" and not subject to possible bankruptcy preference rules. Tripartite Agreement: These agreements (used infrequently) may involve set-aside letters from a bank, special escrow accounts, and/or fund controls. Tripartlte agreements typically place disbursement of the construction funds under the direct control of the governmental agency. Disbursement of monies may be delayed by concerns about the value of completed work or the adequacy of monies to complete the improvements and provide the required maintenance. Tripartite agreements are not really performance guarantees but rather control over a fund of monies that may not be adequate to pay for all the improvements. These type arrangements place significant additional administrative burden on the public agency and can create liabilities if the funds are not properly administered. Advantages of Bonds Corporate surety bonds generally have none of the disadvantages of the alternative guarantees referenced above and have the following distinct advantages. • Surety bonds provide prequalification of the owner/developer through the underwriting process. • Surety credit is unsecured and does not reduce or tie-up the owner/developer's source of funding. • Surety's claim department will work to facilitate a resolution of any problem and not merely to forfeit the owner/developer's security. • Corporate surety bonds typically provide the public agency with a 100 percent performance, 100 percent payment, and 1-year maintenance bond. • Irrespective of how much the owner/developer may have spent to complete the improvements up to the time of default, the full amount of the bonds are available to complete the work. Important Distinction The key difference between subdivision bonds, often also referred to as site improvement bonds, plat bonds, completion bonds, or simply performance bonds from regular contract performance bonds is that the owner/developer (the Principal) has to pay the cost of building the banded improvements rather than the public agency (the Obligee). This is also an Important point to remember if a general contractor should agree to secure/post the subdivision bonds on behalf of the owner/developer. Normally, the general contractor has the contractual right to stop work if the owner does not pay him. However, if the general con[ractor posts the improvement bonds in favor of the public agency, the general contractor is obligated to complete the Improvements and pay all the bills Irrespective of whether the owner/developer paid him. Therefore, a general contractor should generally avoid posting such bonds on behalf of the owner/developer or seek advice from their legal counsel on how best to protect him or herself. Not All Sureties Write Subdivision Bonds Subdivision/Improvement bonds are a type of bond that not all surety companies want to write. The reasons for avoiding this class vary. Some bonding companies lack the familiarity or underwriting expertise. Some have had poor experience In the past and have found that these bonds can have a very long lifespan. Some are uncomfortable with developers whose financials may show considerable leverage (debt) and whose valuation of land and developed properties are subject to wide market fluctuations. Nonetheless, over time the surety industry has reported favorable underwriting results for those companies who properly underwrite this class of business. General Underwriting When an owner/developer applies for surety credit, the surety underwriter will begin by developing the usual background and financial information to make a general assessment of the owner/developer's capacity/experience, their credit/financial and their character. They should be prepared to provide three fiscal year end Financial reports on their operations, concurrent personal financial statement on all owners, resumes on key people, list of completed projects, information on banking relationships, business continuity plans, and copies of any trust, partnership, or operating agreements. Most surety companies will also have their own application form, which may ask other specific information. Once the bond underwriter is comfortable with the account in general, they will then underwrite each subdivision bond request. Specific Bond Underwriting The underwriter will require information such as the scope of the Improvements to be made, an estimate of the cost to complete the work, and information about where the money to pay for the work Is going to come from. Scope of Work. The subdivision/improvement bond guarantees the completion of specified Improvements such as grading, storm drains, utilities, curbs and gutters, stree[s, sidewalks. Therefore, the underwriter will want details on the work or scope of the improvements to be installed. This Information will normally be spelled out in the subdivision/improvement agreement that the owner/developer signs with the public agency. When will the work start and be completed? What is the estimated cost of the improvements and the amount of the bonds? Usually engineer worksheets are available that outline the cost estimates including how the amount of the bond(s) was established. The public body will generally include some cushion or "fudge" factor to allow for possible escalation in the cost to complete the work. This increase Factor is not entirely unreasonable because experience has shown that sometimes the improvements are not completed within the original time frame and the ultimate cost months or years later could be greater. Cost of Work. The underwriter will also want some confirmation of the owner/developer's estimate of cost to complete. The preferred method is for the developer to have firm bids or signed contracts from trade contractors to complete the work. Depending on the value of the work and/or time to complete, the surety may want the owner to secure performance and payment bonds from the trade contractor(s) to assure satisfactory performance. At first blush this may seem like double bonding but the bonds from the trade contractors run in favor of the owner/developer and not the public agency. Since the owner is obligated to complete the improvements, it is really in the owner's interest to have this guarantee or they may find that they have to hire someone else to complete the work for more money. Funding Source. Because the owner/developer is responsible For paying the cost of all the bonded improvements, a major underwriting concern/question is where is the money to pay for the work? The necessary funds should be set aside under an arrangement whereby they can only be used to pay for the improvements as work progresses. This can be accomplished under an escrow agreement with a lender or title company. Most often, however, the owner/developer will have secured a development loan for the overall project. The surety will then want to obtain aset-aside letter from the lender whereby an amount sufficient to cover the cost of the bonded improvements will be irrevocably set aside and held in trust for the benefit of the surety. It effectively carves out a portion of the development loan to pay far the bonded improvements. The surety will most likely have their own set-aside form. BRIGHTON CORPORATION June 2l, 2011 VIA EMAIL Mayor Tammy de Weerd Meridian City Hall 33 E. Broadway Avenue Meridian, Idaho 83642 mayorrammy @ me ridianciry. org Dear Mayor and Council Members: Meridian City Council Meridian City Hall 33 E. Broadway Avenue, Suite 300 Meridian, Idaho 83642 bhoagiun@meridianciry.org, dzaremba@meridiaiciry.org, kbird@meridianciry.org & croundtree@meridiancity,org The purpose of this letter is to request a remand to staff of the proposed "Performance and Warranty Surety for Public Infrastructure" ordinance, which the City plans to read and discuss in its City Council meeting tonight. Since I will be unable to attend the meeting, I am submitting this letter with a partial list of my concerns with the proposed ordinance. Tn the course of my business and development career I have seldom been as displeased as I am now about both the process and the content of this particular ordinance. Over the years I have watched the City of Meridian grow from a small town to a major center of economic activity in the state and region. You may remember a time, as I do, when Meridian was viewed as a very difficult place to do business. That changed quickly and dramatically for the better with new political leadership that fostered a cooperative relationship with the business community. We worked together to streamline processes, codes and even the customer service approach of city personnel. Regrettably, I can't say the same for this particular ordinance and process. If this ordinance proceeds as written and on the timetable proposed I and many of my colleagues will view this as a major step backward for the City. Regarding the process of the proposed ordinance, I was invited along with several other developers to participate in the City's development of the proposed ordinance. It is clear to me now that the train had already left the station. In subsequent conversations with fellow developers, none of us feel like our input was given any serious consideration. After 2-3 meetings I was never advised of any course of action, never asked to review the ordinance, and never advised that the matter was scheduled for hearing before Planning and Zoning. With regard to the content of the ordinance, I fully understand the Ci[y's desire to protect itself from future problems or claims. The ordinance, however, imposes an undue burden on businesses that may hamper economic activity. We have consulted with outside sources, including our own insurance company, Moreton & Company, which is a large regional insurance Brighton CorporaROn 12601 W. Explorer Drive, Snire 200, Boise, /daho 83713 www.brrehroncorp.com TeL (208) 378-4000 Far (208) 377.8962 -cauinned- Mayor Tanunp de Weerd Meridian Ci(p Council Members Page 2 provider, to assist us. We have suggested ways that we can accomplish the protection the City desires while avoiding undue burdens on the business community. Our independent sources in the insurance industry, including one that the City has also consulted, have told us, yes, we think some alternative approaches can work. But each suggestion seems to be summarily rejected by the City without being fully explored or even the most practical of questions being asked. There may even be solutions that none of us have considered. The issue is somewhat complex and I frankly don't believe that I can adequately address it in a letter or public testimony. For that reason, along with the concerns that I have raised about the process, I request that you remand this item back to staff with direction to come up with solutions that are acceptable to the City and the development community. I have always tried to give of my time and other resources when asked to help the City. I ask for your consideration of this request in return. Since ly, David urnbull President ~~ ~G n ~ ~. ~ e ~ n n ~, z o -~ D -~ _ ~ ~ ~ ~ ~ ,\, a o ~• ~ ~ ~ .tea ~ ~• ~ (p ~ ~ ~ ~ _. ~ ~ ~ ~ N = ~ ~ ~D N ~ N C~~ O N D 3 ~. \~ ~-~. ~~ l~ ~,~ -L ~~, v ~,~ _~ ~~ ~' ~a(°- ^ ^ ~ m o -• ~ ~ N ~ ~ ~ n ~ ~ o ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ o ~ . o• ~ ~' ;~ ~ ~ . ~ _. ~ ~ 3 ~ o o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ c ~ ~ a _ ~' c~ Q 0 ~D ~ ~ -- ~ 0 _. ~ 0 ~ ~ . ~ . ~ ~ ~ • ~ o ~ i- . N o ~ ~ p ~D '~ ~ O ~ v c < ~ _. ` ° ~ - o ~ ~ ~ ~ .. y ~ . ~ ~ ~ . ~ c~ ~ o . ~ ~ ~ ~ o ~ cn 3 ~ c~ ~ ~ a <, a c~ ~. __ -_~ s -~ N ~„ N n N O a c~ 0 c~ rt n ~, ~•. n _. n rt O N O C~. ~G Z O sv n _. 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O O ~D n~ O O C~ ~G N'~~=cQ c~i~ ~30nrn . ~ y ~* ~ ~ -0++ 01 O n Af ~ O ~ C1 O ~ ~ O = O O ^~~ ~ ~ ~n~ p O ~~c_ ~ ~ fOA ~O O ~ C1 Q.O ~n ~ ~ n ~ a' ~ ~ '~ cD n y ~ fn ~ N N `~ O `G O O C rr N 7 ~ ~ ~v c~ _ ~D rt 7 (p ~ to -. .. v c~ 0 •a W '+ ~~. cD cD O .a ~D N O O Ai 0 rr ~D v C .~ 1"1` • , O ~. rt .. W.H. MOORE C O M P A N Y Real Estate Development EI Oarado Business Campus 19465. Boni[a Way, Suite 166 Meridian, Idaho 83642 P.6. Bax 8204 Boise, Itlaho 83707-2204 Date: June 28, 2011 To: Bruce Freckleton, Development Services Manager Meridian Public Works From: Jonathan R. Seel Subject: Warranty and Performance Surety Proposal TELEPHONE 1266323-1919/FAX 323-7523 We support the building department's recommendation to allow bonding as a surety option for development projects in Meridian. Currently, surety options are cash or irrevocable letters of credit. The former takes needed cash and the latter reduces lending limits. Simply put, both impact a developer's ability to fund a project. The criteria for financing projects has only gotten more challenging and the current surety requirements only add to that burden, regardless of the developer's financial strength. Bonding has the advantage of providing the City with necessazy protection while not reducing needed funds to develop a project. In today's economic environment a developer needs to preserve their capital and bonding allows this. Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Public Hearing - PP 1 1-001 Avendale Subdivision by Silver Oaks Apartments, LLC Located North of W. Franklin Road and West of N. Ten Mile Road Request: Preliminary Plat approval consisting of six (b) Multi-Family Building Lots and six (b) Common /Other lots on 24.61 Acres of Land MEETING NOTES n ~ ~.. Community Item/Presentations Presenter Contact Info./Notes ~- ~ C ~ a~ -~v -~ ~ a c~ ~ a c~~l CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: PROJECT NUMBER: VAC 11-002 ITEM TITLE: Jayker Right-of-Way (ROW) Vacation Vacate a portion of right of way (751 sq. ft) platted with Jayker Subdivision No. 1 by SWG Brighton, LLC -north side of W. Greenspire Drive; midway between N. Tree Haven Way and N. Moon Drummer Way MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes peso oY, glq ~ ~~l.l CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: PROJECT NUMBER: FP 11-002 ITEM TITLE: Grove Final Plat approval for 3 residential building lots and 1 common lot on 0.80 acres in an R- 8zoning district by SWG Brighton, LLC -north side of W. Greenspire Drive; midway between N. Tree Haven Way and N. Moon Drummer Way MEETING NOTES Community ItemlPresentations Presenter Contact Info.INotes ~~~ ~'Iq I ~ ~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Office -Community Liason Update MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Cify Council Meeting DATE: July 19, 2011 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Planning & Clerks Department Report Request for Waiver of an AUP Fee from Ginnie M. Konarik MEETING NOTES !~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 2 g 20 1UN 1 : ITS CLERKS OFFICE i /~ '~e l~l`'~y a~~'C~Z ~12 ~ a- V' ~ cJ n11 ~ }'~ ~ ~ n)?~t2~ i a. o a r~. w __ ~ a. ~~ - ~T_ _ _ _ _ ~en~v~~~ ~~~ ~3~' -- ~ ~r ~ Iii I=o,2 ~ cc ~-.~~ ~~~ - C't2 ~. i -~' y_ y, n c,-~y ~. ~ ~,~ ~) ~ti~ ~ Ja r~~ .5~,,,, ~ 7 is' y~~ w~~~~ ~ ,~ ~-~o~ 1 ~~ 1~~ ~L~"Vi o~y C3~S8 ~/,T~~iZ-~ ~__ -~ S~-S Y ~wr~~ia ~ru~o ~ ~, ~ V ~ ~ ~- was ~ ,~ ~ y ~Nrs 1~ fi~~~ ~~-s`~ 1T~,. o ~~,c~' -r~ AFL ~rr~ r ~~~~z~ ©~= s~-c~c~~ ~~ ~y 5~~~ ~~ /~l~-,~.,r Y~y Ghl2~r- i~ ~y ~m~ '1~.~ , h~~i ~ G TIC ~' .~' loo ~~ ~ ~~~ ~ ~ 1~7~2 ~ ~~~t l ~ C1" ~~1~ ~G'~~'nlSc SO ~6BN l ,~ _ - - -- -- --'~ ~~~~ ~ ~~ti~ INS -l~,~c~a~,~~~ n~ _~c ~2~-~LO~w - - - -~~--~-~ d3c~s ;.~_~5 - . _ - -- ~ ~ ~ ~ ~ ~ - !~ -- _ Coy S6-~J~l?~~ ~ 0~7 - ~,, ~ c ~n"y -- - -- --- - - ~, E IDIAN~--- July 8, 2011 Ginnie M. Konarik 2102 N.W. 12~h Street Meridian, Idaho 83646 RE: Request for Accessory Use Permit Application Fee Waiver Dear Ms. Konarik: MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Per a recent conversation with Kristy Vigil, a new accessory use permit (AUP) is required to operate a family daycare out of your recently purchased home. The application fee for an AUP is $160.00 and you have requested a waiver for this fee. As explained, the Planning Department does not have the authority to waive the fee. Therefore, you have submitted a request to the City Council to waive the fee. The City Clerk's Office received your request on June 29, 2011 and will schedule your request on a City Council agenda. Once the date has been set you will be contacted by the City Clerk's Office. If you should have any further questions regarding this matter, please don't hesitate to contact Kristy Vigil at (208) 884-5533. ,ySirtc~rely, /,.. f 9 ~ ,late Friedman AICP Interim Planning Director Planning Bepartment . 33 E. Broadway, Suite 210. Meridian, l8 83842 Phone2BB-884-5533 . Fax2B8-888-6854. www.meridiencity.org Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Police Department Report Precious Metal Dealers Task Force Report and Proposed Draft Ordinance MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT CITY OF MERIDIAN ORDINANCE NO. July 19, 2077 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-5-2(A), REGARDING PAWNBROKERS DEALING IN PRECIOUS METALS; AMENDING MERIDIAN CITY CODE SECTION 3-5.9(B)(4), REGARDING PAWNBROKER 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 PROCEDURES; OPERATING REQUIREMENTS FOR REGULATED TRANSACTIONS INVOLVING TYPE 1 PRECIOUS METAL; OPERATING REQUIREMENTS FOR REGULATED TRANSACTIONS INVOLVING TYPE 2 PRECIOUS METAL; PROHIBITED ACTS BY PRECIOUS METAL DEALERS, PENALTIES, AND ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a resurgence of precious metal dealing in the City of Meridian due to economic and other forces nationwide as well as locally, including higher-than-average unemployment rates, a strong market price for precious metals, and a rising incidence of theft of jewelry, coins, and other objects containing precious metals; WHEREAS, absent regulation, stolen jewelry, coins, and other precious metals are received by precious metal dealers and melted down before law enforcement can locate the stolen property, effectively halting further investigation, destroying evidence to prove the crime has been committed, and eliminating the possibility of recovery of the stolen property; WHEREAS, absent regulation, patrons of precious metal dealers are vulnerable to fraud; WHEREAS, pawnbrokers are currently subject to licensing and regulation, including a requirement that they electronically record and report to the Meridian Police Department all merchandise received and parties to the pawn, a system that has been beneficial to pawnbrokers, law enforcement, and victims of property crime, and that would be equally beneficial in the context of precious metal dealers; WHEREAS, the regulation of precious metal dealers would serve the health, safety, and welfare of the citizens of and visitors to the City of Meridian; and WHEREAS, a task force including business owners dealing in coins, jewelry, and other precious meta] items; a pawnshop operator; a person familiar with the effects of precious metal theft; concerned Meridian citizens, and Meridian police officers met over the course of several weeks to discuss the risks and benefits of the regulation of precious metals, and such task force has recommended to the Mayor and City Council of the City of Meridian that this ordinance be adopted as a measure that will serve diverse interests affected by the regulation of transactions involving coins and other precious metal items; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF' THE CITY OF MERIDIAN, IDAHO: PRECIOUS METAL DEALERS ORDINANCE PAGE 1 Of IZ DRAFT Ju/y 19, 2011 Section 1. That Meridian City Code section 3-5-2(A) shall be amended as follows: 3-5-2: LICENSE REQUIRED; APPLICATION AND PROCEDURE: A. License Required: It shall be unlawful for any person to engage in the business of a pawnbroker unless a valid license therefor has been issued as herein provided and said license is in full force and effect. Pawnbrokers shall be subiect to anv and all applicable reauirements of Title 3, Chapter 9, Meridian City Code with res ect to anv transaction involving an item which is composed in whole or in part of precious metals, as such are defined therein. Section 2. That Meridian City Code section 3-5-9(B) shall be amended as follows: 3-5-9: RECORDS: *** B. Contents: Every transaction shall be memorialized in writing and signed by the person with whom the transaction is made. All parties to the transacfion are entitled to receive a copy of this written record. The written record of every regulated transaction shall include the following information: 1. Name, address, telephone number, and store number of the pawnshop in which the transaction took place; 2. The name of the employee conducting the transaction; 3. Nature and date of the transaction and an identification number for the transaction; 4. Complete description of the property purchased, pledged, traded or cosigned including, as applicable: brand name, make, model, serial number, color, size, and any identifying marks. Additionally: a. Jewelry shall be described with, as applicable, the type, weight, color; number and description of stones, style, size or length, any engraving, and whether it is considered a man's, woman's, or child's piece,~rovided that anv and all applicable requirements of Title 3, Chapter 9, Meridian City Code shall apuly to anv transaction involving an item which is composed in whole or in part of precious metals, as such are defined therein, and to anypawnbroker carryin~ on such transaction; b. Vehicles shall be described with, as applicable, the vehicle identification number (VIN), make, model and color; c. Firearms shall be described with, as applicable, the make, brand, model number, serial number, caliber, type, barrel length, finish; 5. Full name, complete current residential address, current phone number, date of birth, race, sex, height, weight, hair and eye color of the person or persons with whom the transaction is made; PRECIOUS METAL DEALERS ORDLVANCE PAGE 2. Of 12. DRAFT July 19, 2017 6. Type, including state or governmental agency of issue, and identifying number of the personal photo identification used by the person with whom the transaction is made; 7. The term of the loan or repurchase period, and the date on which the loan is due and payable or the repurchase option expires. Section 3. That a new chapter, Chapter 9, shall be added to Title 3, Meridian City Code, to read as follows: TITLE 3 CHAPTERS PRECIOUS METAL DEALERS 3-9-1: DEFINITIONS: The terms as used in this chapter shall have the following meanings: A. PRECIOUS METAL: Any item composed in whole or in part of gold, silver, platinum, or palladium. Precious Metals shall be classified as follows: 1. TYPE 1 PRECIOUS METAL: Any item, other than bars, bullion, coins, or ingots, composed in whole or in part of gold, silver, platinum, or palladium. Type 1 Precious Metals shall include, but shall not be limited to: jeweh•y, silverware, utensils, and serving dishes composed in whole or in part of gold, silver, platinum, or palladium. 2. TYPE 2 PRECIOUS METAL: Bars, bullion, coins, or ingots composed in whole or in part of gold, silver, platinum, or palladium. Type 2 Precious Metals shall include, but shall not be limited to: medallions, international coins, U.S. legal tender coins, numismatic items, and commemorative coins composed in whole or in part of gold, silver, platinum, or palladium. Where an item composed in whole or in part of gold, silver, platinum, or palladium exhibits characteristics of both or neither a Type 1 and/or a Type 2 Precious Metal, such item shall be classified and handled as a Type 1 Precious Metal. B. PRECIOUS METAL DEALER: Any person who conducts Regulated Transactions as or in the course of "activity engaged in for profit," as such term is defined by the U.S. Internal Revenue Code. C. REGULATED TRANSACTION: The acquisition of Precious Metal, whether new or previously owned, for consideration in the form of cash, goods or other precious metal, whether by sale or trade. 3-9-2: APPLICABILITY; EXEMPTIONS: This Chapter shall not apply to: A. Pawnbrokers who do not conduct regulated transactions involving precious metals. A person holding a City of Meridian Pawnbroker License may engage in regulated transactions and/or act PRCCIOUS METAT. DEALERS ORDINANCE PAGE 3 Of IZ DRAFT July 79, 2077 as a precious metals dealer without being separately licensed pursuant to this chapter so long as such person first obtains a Precious Metal Dealer Endorsement for his or her City of Meridian Pawnbroker License. B. Wholesale purchases of Precious Metal directly from manufacturers or wholesalers for sale of such Precious Metal at retail. C. Financial institutions licensed under federal or state banking laws. D. A transaction in which a retail merchant accepts merchandise containing Precious Metals where the same merchant previously sold the same merchandise to the same person presenting such merchandise for exchange or refund. E. A transaction in which a jeweler accepts a new or previously-owned piece(s) of jewelry containing Precious Metal for the purpose of remodeling, refashioning, rebuilding, or repairing such jewelry, where the jeweler reasonably believes the person presenting such jewelry for such purpose to be the bona fide owner of the jewelry presented, or agent of such bona fide owner. F. Hobbyists who acquire Precious Metal by sale or trade solely as a hobby for pleasure or relaxation, and not as or in the course of "activity engaged in for profit," as such term is defined by the U.S. Internal Revenue Code. 3-9-3: LICENSE REQUIRED; APPLICATION; PROCEDURES: A. License or endorsement required. It shall be unlawful for any owner or operator of premises to act as a Precious Metal Dealer, conduct regulated transactions, or allow other persons on the premises to conduct regulated transactions, without a valid City of Meridian Precious Metal Dealer License or, with regard to pawnbrokers holding a valid City of Meridian Pawnbroker License, a Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License. B. Application for License. Application for a City of Meridian Precious Metal Dealer License shall be made to the City Clerk and shall include: 1. Application fee and background check fee per fee schedule. 2. Fingerprints, taken by the Idaho State Police, of the applicant. 3. A completed application form provided by the City Clerk, which form shall include the following information: a. Applicant's name, physical address, mailing address, driver's license number, and date of birth. b. Whether the applicant has had any license revoked by the City of Meridian or any other governmental entity within the five (5) years preceding the application date. PRECIOUS METAL DEALERS ORDINANCE PAGE 4 Of 12 DRAFT July 19, 2077 c. Whether the applicant has been convicted of any felony or misdemeanor within the five (5) years preceding the application date, the nature of the offense, and the date, and the punishment or penalty assessed therefor. d. A description of the regulated transactions that are to be conducted and the Precious Metals to be handled under the City of Meridian Precious Metal Dealer License. e. Street address of the premises at which regulated transactions are to occur. C. Application for Endorsement. Application for a Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License shall be made to the City Clerk and shall include: 1. Application fee per fee schedule. 2. A copy of the applicant's valid and current City of Meridian Pawnbroker License. 3. A completed application form provided by the City Clerk, which form shall include the following information: a. Applicant's name, physical address, and mailing address. b. Street address and parcel number of the premises at which regulated transactions are to occur. c. A description of the regulated transactions that are to be conducted and the Precious Metals to be handled under the Precious Metal Dealer Endorsement. D. Investigation. Upon receipt of all application materials for a City of Meridian Precious Metal Dealer License or a Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License, the City Clerk shall refer such application to the chief of police or designee, who shall cause an investigation to determine the validity and completeness of the information therein. The chief of police or designee shall endorse upon the application the findings of the investigation and return it to the City Clerk. E. Notice of decision. Upon receipt of the findings of the chief of police or designee, but no later than twenty one (21) calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue the License or Endorsement to the applicant or deny the application. Where the City Clerk denies an application for a City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License, the City Clerk shall notify the applicant of such denial in writing, and shall include the grounds for such denial and notice of the right to appeal such decision as set-forth in this chapter. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. F. Denial of license. The City Clerk shall deny a City of Meridian Precious Metal Dealer License where: 1. The applicant is under the age of eighteen (18) years; PRECIOUS METAL DEALERS ORDIIVANCE PAGE 5 Of l2 DRAFT Ju/y 79, 2077 2. The applicant has had a similar license revoked by this City or any other governmental entity within the five (5) years immediately preceding the date of the applicafion; 3. The applicant has been convicted of any crime, whether felony or misdemeanor, related to theft, fraud, deception, or moral turpitude within the five (5) years immediately preceding the date of the filing of the application; or 4. The applicant has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application. G. Denial of endorsement. The City Clerk shall deny a Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License where the applicant has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application. H. Appeal of denial. Appeal of the City Clerk's denial of an application for a City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License may be made by the applicant. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person within fourteen (14) days of such denial. Upon receipt of such written appeal, the City Clerk shall schedule a public heazing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision. I. Granting of license or endorsement. The City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License shall include, on its face: 1. The name of the individual licensed or endorsed to act as a Precious Metal Dealer; 2. Street address of the premises at which regulated transactions may occur; 3. A description of the regulated transactions that may occur under such license; 4. The dates during which such license or endorsement is valid. J. Term of license. Unless earlier revoked, such license or endorsement shall be effective through December 31 of the year issued. K. Not transferable. A City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License shall not be transferable, either as to person or place. L. Revocation. The City Clerk may revoke a City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License where: 1. A term or condition of the license or endorsement is violated. PRECIOUS METAL DEALERS ORDINANCP. PAGE G Of 12 DRAFT July 19, 2077 2. In the course of any regulated transaction, the licensee, endorsee, or any agent of such licensee or endorsee violates a provision of this section or of any other local, state, or federal law. It is found, after issuance of such license or endorsement, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. 4. The licensee or endorsee is convicted of any crime, whether felony or misdemeanor, related to theft, fraud, deception, or moral turpitude. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the mobile sales unit license application. Such revocation shall be effective immediately upon mailing by the City Clerk. M. Appeal of revocation. Appeal of the City Clerk's revocation of City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License may be made by the licensee or endorsee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person within fourteen (14) days of such revocation. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. 3-9-4: OPERATING REQUIREMENTS FOR REGULATED TRANSACTIONS INVOLVING TYPE 1 PRECIOUS METAL: A. Records. At the time of each and every regulated transaction involving a Type 1 Precious Metal, the person conducting such transacfion shall create a record of such regulated transaction in the manner and by the method as shall be established by the Chief of Police in a written administrative policy approved by resolution of City Council. 1. The record of a regulated transaction involving a Type 1 Precious Metal shall include the following information: a. Clear photograph of the item(s) acquired, purchased, sold, pledged, traded, and/or cosigned (where two or more items are involved in one regulated transaction, one photograph may be taken of the lot so long as all items may be clearly discerned); b. Name, address, and telephone number of the location of the transaction; c. Full name of the person conducting the transaction; d. Full name, physical address, date of birth, race, sex, height, weight, and hair and eye color of the person or persons with whom the transaction is made; e. Issuing agency and identifying number of the valid personal photo identification of the person with whom the transaction is made; PRECIOUS METAL DEALERS ORDINANCE PAGE ~] Of I Z DRAFT Ju/y 19, 2077 f. Date, time, and nature of the transaction, including the amount and terms of the transaction; g. Complete description of the item(s) acquired, purchased, sold, pledged, traded, or cosigned including, as applicable: type; style; composition; weight; color; size; dimensions; whether considered a man's, woman's, or child's piece; and any other idenfifying marks, engravings, flaws, or characteristics; and h. Signatures of both parties to the transaction. 2. The record of any and all regulated transactions involving Type 1 Precious Metal shall be transmitted within twenty-four (24) hours of such transaction in the manner and by the method as shall be established by the Chief of Police. 3. Upon request of the chief of police or designee, the Precious Metal Dealer shall produce any and all records of regulated transactions involving Type 1 Precious Metal and shall permit the chief of police or designee to examine them. Any such inspection shall occur during regular and usual business hours. 4. The record of a regulated transaction involving Type 1 Precious Metal shall be retained by the Precious Metal Dealer for a minimum of one (1) year following such transaction. B. Retention period. Each and every Precious Metal Dealer shall retain all Type 1 Precious Metals acquired, without melting or otherwise changing the physical form or characteristics thereof, for a minimum of seven (7) calendar days from the date of the regulated transaction, except that, whenever the chief of police or designee shall notify any Precious Metal Dealer that any item(s) in his or her possession may be stolen property or otherwise related to criminal activity, the Precious Metal Dealer shall retain such item(s), without melting or otherwise changing the physical form or characteristics thereof, for a minimum of sixty (60) calendar days from the date of such notification, unless earlier released in writing by the Chief of Police or designee. Until the expiration of the applicable retention period, the dealer shall not sell, alter or dispose of a purchased item in whole or in part, or remove it from the premises. All items required to be retained under this section shall be open to and made available for inspection. 3-9-5: OPERATING REQUIREMENTS FOR REGULATED TRANSACTIONS INVOLVING TYPE 2 PRECIOUS METAL: A. Records. At the time of each and every regulated transaction involving a Type 2 Precious Meta], the person conducting such transaction shall create a record of such regulated transaction. 1. The record of a regulated transaction involving a Type 2 Precious Metal shall include the following information: a. Name, address, and telephone number of the location of the transaction; b. Full name(s) of the person conducting the transaction; c. Date and time of the transaction; PRECIOUS METAL DEALERS ORDINANCE PAGE S Of IZ DRAFT Ju/y 19, 2011 d. Name, valid personal photo identification number, and date of birth of the person with whom the transaction is made; and e. Complete description of the item(s) acquired. 2. In the course of an active law enforcement investigation, and upon provision of investigation report number by the chief of police or designee, the Precious Metal Dealer shall produce any and all records of regulated transactions involving Type 2 Precious Metal and shall permit the chief of police or designee to examine them. Any such inspection shall occur during regular and usual business hours. 3. The record of a regulated transaction involving Type 2 Precious Metal shall be retained by the Precious Metal Dealer for a minimum of one (1) year following such h~ansaction. B. Retention period. Whenever the chief of police or designee shall notify any Precious Metal Dealer that any item(s) in his or her possession may be stolen property or otherwise related to criminal activity, the Precious Metal Dealer shall retain such item(s), without melting or otherwise changing the physical form or characteristics thereof, for a minimum of sixty (60) calendar days from the date of such notification, unless earlier released in writing by the Chief of Police or designee. Until the expiration of the applicable retention period, the dealer shall not sell, alter or dispose of a purchased item in whole or in part, or remove it from the premises. All items required to be retained under this section shall be open to and made available for inspection. 3-9-6: PROHHiITED ACTS; PENALTY; ENFORCEMENT: A. Prohibited acts by Precious Metal Dealers. It shall be unlawful for any Precious Metal Dealer, or any employee or agent thereof, to: 1. Fail to strictly comply with any provision of this Chapter. 2. Conduct a regulated transaction at a place, manner, or location: a. That is not authorized under a valid, current City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License. b. In violation of any provision of this Chapter. 3. Conduct a regulated transaction where any required license, permit, and/or certification required for such transaction, including, but not limited to a City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License, is expired or is not valid and current for any reason. 4. Misrepresent any purpose, procedure, or consequence of a regulated transaction. PRECIOUS METAL DEALERS ORDINANCE PAGE 9 Of 12 DRAFT July 19, 2011 5. Represent the issuance of a City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License as an endorsement or recommendation of such licensed activity. 6. Fail to create, transmit, and/or retain records of regulated transactions as required by this chapter. 7. Falsify any official record or entry on an official record required to be kept pursuant to this chapter or transmit any false record to the police. 8. Obliterate, destroy, or remove from the place of business any records required to be kept pursuant to this chapter. 9. Refuse to allow the chief of police or designee, upon provision of an active law enforcement investigation report number, to conduct a meaningful inspection of the business premises, or any records or other goods located or required to be located at the place of business, during regular and usual business hours. 10. Fail to report to the Meridian Police Department, within twenty-four (24) hours, the acquisition or attempted sale of Precious Metals reasonably believed to be lost or stolen. 11. Remove or allow removal from the premises any item acquired in a regulated transaction within seven (7) calendar days following the receipt of said property. 12. Enter into a regulated transaction with a person who is under eighteen (18) years of age; incompetent; or under the influence of drugs or alcohol. 13. Allow any agent or person in his or her employ, charge, contractual control, or tenancy to conduct a regulated transaction where such agent, employee, charge, contractor, or tenant does not meet the qualifications for licensing as a Precious Metal Dealer, except that only the owner or operator of the premises where regulated transactions are conducted shall be required to obtain a City of Meridian Precious Metal Dealer License. B. Prohibited acts by parties to regulated transactions. It shall be unlawful for any person to: 1. Provide a false name or address, or any false, untrue or misleading information or statement in the course of a regulated transaction. 2. Offer or attempt to engage in a regulated transaction where such person is not the bona fide owner of such item or shown to be the agent of the bona fide owner of such item. 3. Offer or attempt to engage in a regulated transaction where a reasonable person would believe that the item offered is stolen. C. Penalty: A violation of any provision of this section shall be a misdemeanor, punishable by such fine and/or imprisonment as established by Idaho Code. In addition to such penalty, any person violating any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. PRECIOUS METAL DEALERS ORDINANCE PAGE LO Of 12 DRAFT 3-9-7: SEVERABILITY: July 19, 2011 If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or secfions of this chapter, which shall remain in full force and effect. Section 4. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. 2011. Section 5. That this ordinance shall be effective on October 1, 2011. PASSED by the City Council of the City of Meridian, Idaho, this APPROVED by the Mayor of the City of Meridian, Idaho, this APPROVED: day of August, day of August, 2011. Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk PRECIOUS METAL DEALERS ORDINANCE PAGE I I Of 12 DRAFT July 79, 2077 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERH)IAN ORDINANCE NO. 11- PROVIDING FOR AN AMENDMENT OF THE MERH)IAN CITY CODE SECTIONS 3-5-2(A) AND 3-5A(B); AND ADDING A NEW CHAPTER, CHAPTER 9, TO TITLE 3, MERIDIAN CITY CODE AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-5-2(A), REGARDING PAWNBROKERS DEALING IN PRECIOUS METALS; AMENDING MERIDIAN CITY CODE SECTION 3-5-9(B)(4), REGARDING PAWNBROKER RECORDS; ADDING A NEW CHAPTER, CHAPTER 9, TO TITLE 3, MERIDIAN CITY CODE, REGARDING PRECIOUS METAL DEALERS: DEFINITIONS; APPLICABILITY AND EXEMPTIONS; LICENSE REQUIl2ED, APPLICATION, AND PROCEDURES; OPERATING REQUIREMENTS FOR REGULATED TRANSACTIONS INVOLVING TYPE 1 PRECIOUS METAL; OPERATING REQUIREMENTS FOR REGULATED TRANSACTIONS INVOLVING TYPE 2 PRECIOUS METAL; PROHIBITED ACTS BY PRECIOUS METAL DEALERS, PENALTIES, AND ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERH)IAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO.11- 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. 11- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of August, 2011. William. L.M. Nary City Attorney PRECIOUS METAL DEALERS ORDINANCE PAGE 12 Of 12 Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: $D PROJECT NUMBER: ITEM TITLE: Department Report -Legal Department Central Valley Expressway Project Letter MEETING NOTES r~, ~ ~~ ~- ~'-~ sue-. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~-- IDAHO July 19, 201 l Gary D. Smith C.O. -Central Valley Expressway Coalition P.O. Box 130 Star, ID 83669 Dear Mr. Smith: MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba It is important to the City to have an efficient, effective, and integrated roadway network to transport goods and services into and out of the region. The City of Meridian is submitting this letter to show support for the efforts of the Central Valley Expressway Coalition in identifying non-traditional funding sources for needed transportation projects in the Treasure Valley. Like you, the City believes that the SH-16 extension from Emmett to I-84 and the rebuild of the Meridian Road Interchange at I-84 are critical, currently unfunded roadway projects in our region. We applaud the efforts of your coalition, to look for funding opportunities and partnerships with private businesses that are committed to the economic growth and long term viability of our region. As the first phase of the SH-16 extension is constructed south to US 20/26 over the next few years, there will be additional strain put on existing roadway infrastructure in Meridian and our Area of City Impact. The additional traffic from SH-16 is welcome, provided it can be accommodated efficiently. In addition to getting SH-16, from US 20/26 to I-84 constructed, the City believes funding should be sought to rebuild the Meridian Road Interchange and to widen US 20/26 from the terminus of the first phase of the SH-16 project towards Boise. These two existing facilities, US 20/26 and the Meridian Road Interchange are already in need of improvement and their conditions will only get worse after the completion of the first phase of the SH-16 extension. Together, improvements to SH-16, US 20/26, and the Meridian Road Interchange will not only improve transportation efficiency and safety, they will provide for future economic development and growth in the region. These projects will create thousands of jobs during construction, and provide business and potential employees with additional career-path jobs. These short and long- term jobs are not only good for Meridian and the Treasure Valley, they will benefit all of Idaho by generating millions of dollars in state and local revenues. Together, these projects will provide the regional mobility necessary to keep the Treasure Valley as the leading job and business market in the state. Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 8364z Phone zo8-886-4433 •Faxzo8-884-Bis6 . www.meridiancity.org Page 2 The City supports the construction of SH-16 as alimited-access highway from I-84 across the Boise River, and the great connectivity that will be realized between Ada, Canyon and Gem Counties. However, the City believes that the rebuild of the Meridian Road Interchange should be the first phase in this suite of projects. Similar to your coalition, the City has looked for financial partners and contributors to rebuild the Meridian Road Interchange. The region has also recently applied for federal grants to fund the rebuild of the Meridian Road Interchange, but has thus far been unsuccessful in being awarded a grant. We are hopeful that your coalition will be able to create the partnerships necessary to fund these vitally important roadway projects. Thank you for proactively identifying the funding issues relative to these large transportation projects, and for assisting our region in addressing the growing transportation and economic development needs through partnerships. Sincerely, Tammy de Weerd Dauid Zaremba Brad Hoaglun Mayor Council President Council Vice President Charles Rountree Keith Bird Council Member Council Member Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Ordinance Ordinance No. /~' f ~~a An ordinance of the City of Meridian Amending Title 8, Chapter b, Section 2, to a new number Title 8, Section 6, Chapter 5 Relating to Agreements for Infrastructure Enhancements; and Providing an effective date MEETING NOTES ~- PY Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Other Items Executive Session per Idaho State Code 67-2345(1) (f): To consider and advise its legal represenatatives in Pending Litigation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 19, 2011 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS