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2011-08-23~E IDIZ IAN,-~- ~~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 23, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance by Tim Brackus; Scout Troop 62 with the United Methodist Church 3. Community Invocation by Gordon Slyter of Treasure Valley Worship Center 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Award of RFP and Agreement for "Ten Mile Interchange Landscape Maintenance Services" to LawnCo for the Not-To- Exceed Amount of $151,200.00 and Authorize the Mayor to Sign the Agreement B. Sewer and Water Main Easement for Touchmark of the Treasure Valley, LLC C. Development Agreement for Approval: AZ 09-001 Goff by Garland Goff and Shannon Hamrick Located at 1725 W. Pine Avenue: Request for Annexation and Zoning of 0.76 of an Acre of Land with a C-N Zoning District D. Professional Services Agreement Between Mayor's Anti-Drug Coalition and L.E.A.D.E.R.S.H.I.P. 1st, LLC for Development and Implementation of High School Sports Teams Leadership and Anti-Drug Program for a Not-to-Exceed Amount of $10,500.00 Meridian City Council Meeting Agenda -Tuesday, August 23, 2011 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Community Items/Presentations A. Continued Public Hearing From April 19, 2011: Precious Metal Dealers Ordinance Discussion 7. Items Moved From Consent Agenda 8. Action Items A. Continued Public Hearing from August 17, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right-In /Right-Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right-In /Right-Out, Left-In Access Point at the 1/4 Mile to State Highway 69 /Meridian Road Application Withdrawn B. Public Hearing: MDA 11-005 Walmart-Overland/Stoddard by Walmart Real Estate Business Trust Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan and Certain Sections of the Text of the Agreement in Accord with the Proposed Changes to the Development Plan Approved C. Continued Public Hearing: TEC 11-003 Messina Meadows Subdivision by Brighton Corporation Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat Approved D. Public Hearing: VAR 11-002 Regency at River Valley by The Regency at River Valley, LLC Located at 2500 N. Eagle Road Request: Variance to Unified Development Code (UDC) 11-3H- 4B to Allow a Temporary Right-in/Right-out Access for the Site via N. Eagle Road Appraved E. Public Hearing: Proposed Fall 2011 Fee Schedule of the Meridian Parks & Recreation Department Meridian City Council Meeting Agenda -Tuesday, August 23, 2011 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Resolution No. 11-800: A Resolution Adopting the Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved G. Public Hearing: ZOA 11-003 UDC Text Amendment -Wine and Beer Shops by Meridian Planning Department Request: Amend the Text of Certain Sections of the Unified Development Code (UDC) to AIIow for Retail Wine and Beer Shops to Offer Servings of Such for Purchase by the Bottle or Glass Approved H. Public Hearing: ZOA 11-004 UDC Text Amendment -Water Conserving Landscapes by Meridian Planning Department Request: Amend the Text of Certain Sections of the Unified Development Code (UDC) to Encourage the Use of Water- Conserving Landscape Designs Approved I. Public Hearing: ZOA 11-005 UDC Text Amendment -Dispatch Centers by Meridian Planning Department Request: Amend the Text of Certain Sections of the Unified Development Code (UDC) to Allow for Dispatch Centers for Mobile Services Approved 9. Department Reports A. Public Works/Building & Development Services Department Report: Professional Services Contract Renewals for Mechanical, Electrical, Plumbing, Fire, and Structural Inspectors B. Parks Department: Discussion on the Proposal to Landscape the Area Along Dawson Street by Ashford Greens Homeowner's Association to City of Meridian/Lakeview Golf Course Motion approved to bring proposals and an agreement back on September 6, 2011 C. Clerk's Office: Approval of New Beer and Wine License for Wood-Wood Inc., dba Beef O'Bradys Located at 1505 S. Eagle Rd. #190 Approved with Conditions 10. Ordinances A. First Reading of Ordinance No. 11-1488: An Ordinance Amending Meridian City Code Section 3-5-2(A), Regarding Meridian City Council Meeting Agenda -Tuesday, August 23, 2011 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Pawnbrokers Dealing Precious Metals; Amending Section 3-5- 9(8)(4), Regarding Pawnbroker Records; Adding a New Chapter, Chapter 9 to Title 3, Meridian City Code, Regarding Precious Metal Dealers; Providing a Severability Clause; and Providing an Effective Date B. Ordinance No. 11-1489: An Ordinance Amending Title 1, Chapter 7, Section, Paragraph (A) (2) of the Meridian City Code, Regarding Time of City Council Workshop Approved C. Ordinance No. 11-1490: An Ordinance Amending Ordinance No. 10-1456, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2010 and Ending September 30, 2011 Appropriating Monies That are to be Received by the City of Meridian in the Sum of $2,337,252.00 and Allocating Expenditures Approved D. Ordinance No. 11-1491: An Ordinance Providing for the Adoption of a Budget and the Appropriation of $67,136,453.00 to Defray the Necessary Expenses and Liabilities of the City of Meridian, for the Fiscal Year Beginning October 1, 2011 and Ending on September 30, 2012 Approved 11. Future Meeting Topics Adjourned at 10:53 p.m. Meridian City Council Meeting Agenda -Tuesday, August 23, 2011 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council August 23, 2011 A meeting of the Meridian City Council was called to order at 7:02 p.m., Tuesday, August 23, 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, Jeff Lavey, Michael de St. Germain, Perry Palmer, Bruce Freckleton, Brent Bjornson, 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 being here this evening and thank you for giving us a few minutes into the 7:00 o'clock hour. I would like to welcome you to the City Council meeting. For the record it is Tuesday, August 23rd. It's two minutes after 7:00. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance by Tim Brackus; Scout Troop 62 with the United Methodist Church De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we are going to led by Tim Brackus. He is with Scout Troop 62 that's sponsored by the United Methodist Church. If you will all rise. (Pledge of Allegiance recited.) De Weerd: Tim, I would like to invite you up to receive a City of Meridian pin and thank you for leading us. Item 3: Community Invocation by Gordon Slyter of Treasure Valley Worship Center De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Gordon Slyter. He is with Treasure Valley Worship Center. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you forjoining us this evening. Slyter: Father in Heaven, we again thank you for the many blessings we enjoy here. We thank you, Lord, for our city, for our leaders, those who work to make this Meridian City Council August 23, 2011 Page 2 of 77 community a great place to live. We pray that tonight you would be here, that you would give guidance and wisdom to those who will be making decisions that will affect all of us. We pray, Lord, that there would be a fair hearing on every issue and that, again, wisdom and your guidance would prevail. We thank you for that. Lord, we commit this time and all of these proceedings into your hands. We pray this through Christ, our Lord, amen. De Weerd: Thank you. We appreciate your presence. Item 4: Adoption of the Agenda De Weerd: Okay. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun Hoaglun: A couple items to note on tonight's agenda. Under eight -- Item 8, Action Items 8-A, there is a request to -- by the applicant to withdraw that. Under Department Reports, 9-C, just a note that this item is pending issuance of certificate of occupancy from the Building Services Department. Under Item 10, Ordinances, 10-A, that Ordinance No. is 11-1488. 10-B is Ordinance No. 11-1489. 10-C is Ordinance No. 11- 1490. And 10-D is Ordinance No.14-1491. Actually, I think that's a typo. It should be 11-1491. Under 10-D. So, that's 11-1491. So, with those changes, Madam Mayor, I move adoption of the agenda as amended. Holman: Madam Mayor, sorry to interrupt. De Weerd: Yes. Yes, Madam Clerk. Holman: We have an Item 8-F, it looks like a resolution number that needs to be read into the record. Hoaglun: 8-E -- F. 11-800. Yes. If I didn't include that, 8-F is Resolution No. 11-800. So, with those changes, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as read. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 5: Consent Agenda A. Award of RFP and Agreement for "Ten Mile Interchange Landscape Maintenance Services" to LawnCo for the Not-To- Meridian Cily Council August 23, 2011 Page 3 of 77 Exceed Amount of $151,200.00 and Authorize the Mayor to Sign the Agreement B. Sewer and Water Main Easement for Touchmark of the Treasure Valley, LLC C. Development Agreement for Approval: AZ 09-001 Goff by Garland Goff and Shannon Hamrick Located at 1725 W. Pine Avenue: Request for Annexation and Zoning of 0.76 of an Acre of Land with a C-N Zoning District D. Professional Services Agreement Between Mayor's Anti-Drug Coalition and L.E.A.D.E.R.S.H.I.P.1st, LLC for Development and Implementation of High School Sports Teams Leadership and Anti-Drug Program for aNot-to-Exceed Amount of $10,500.00 De Weerd: Item No. 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No changes to our Consent Agenda, so I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion from Council, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community ItemslPresentations A. Continued Public Hearing From April 19, 2011: Precious Metal Dealers Ordinance Discussion De Weerd: Item No. 6 under community items/presentations. I will turn this over to our chief and have him report back on the precious metals dealers ordinance and the committee or task force and the recommendations they are bringing forth. Meridian City Council August 23, 2011 Page 4 of 77 Lavey: Thank you, Madam Mayor, Council. Last month I actually presented in front of Council the recommendations of the focus group that we put in place approximately a month and a half ago or so, but as you recall we came in front of Council in April of 2011 with a proposal for a precious metals ordinance. During the public hearing we took some two and a half hours of public testimony and at that time we put together a focus group that consisted of various people in the community. We had a member from a pawn shop. We had a member from a jewelry store. We had a member from a coin shop. We had a couple of private citizens on there. One victim of a crime of jewelry theft and, then, the detectives and the city attorney. I acted as the facilitator in that discussion and last month we brought forward their recommendations. What I thought we would do tonight is briefly give an overview of what those changes were and, then, open it for the public testimony. Some of the major concerns that came up in the public hearing the first time were the distinction between coins and jewelry. The holding period for the precious metals. The distinction between hobbyists and professional dealers. Regulation of jewelry remodelers or people that actually just remodel or upgrade jewelry. License of the premises versus the licensing of the individuals. Licensing the premises with existing code violations. Time to transmit record of transaction to Meridian police. Leads Online, time needed to complete the background checks and, then, the expiration of the 2011 licenses. Those are the main topics that were discussed with the focus group and so, really, how we have this program outlined today is talking about what was originally discussed and, then, what was proposed and, then, any feedback that came out of the discussion. Coins versus jewelry. The original proposal, there was no distinction between -- the difference between coins and jewelry. All Items were regulated the same. Today's proposal in front of you regulates them differently. We organized them in what we call type one and type two. Type one being everything but coins. Type two being coins. The significance of that is as you get through the ordinance they are regulated differently. Type two items are considered investment vehicles. They prefer more privacy over the -- the type one transactions, that's the people that are actually collecting coins and buying gold and silver and those sort of things. Type two are also similar in appearance. You really can't tell the difference between one or the next, unless they are in some sort of special case or special presentation. Therefore, photos will be less useful in those type of items than in a say a type one jewelry. So, as I mentioned we broke it down into type one, type two. Type one would be jewelry, silverware, anything of the precious metals that wouldn't be considered coins. You would take a photo of the item, record the transaction on Leads Online, the name, contact information, signature and description of seller is recorded. The amount the buyer pays to the seller is recorded. It's the same regulations that's currently posed and anybody that does business with a pawn shop. And as you recall, we originally had a proposal in there for -- for the thumb print and that's been removed. The type two is no photo or no Leads Online entry. The records of the purchases are kept on site for a year and, then, the Meridian PD would only be able to access that record if there was an active investigation going on. And only the name of the seller is recorded. The amount of the transaction is not. Holding period. The original proposal in April was ten business days. The focus group recommendation was seven calendar days. And, then, the feedback we received is that although there is a holding period involved here, there is -- actually, they made this feedback before the gold prices went Meridian City Council August 23, 2011 Page 5 of 77 as high as they did. But dealers reported the fluctuation in the market can be absorbed as part of the business model, but ten business days was too long to do that. hobbyists. In the original proposal hobbyists were not -- there was no distinction between the hobbyists or a professional dealer. Through the discussion of the focus group we decided to propose that we use the IRS definition of what a hobbyist is. Therefore, the hobbyist would not be regulated under this ordinance. If -- going through the workbook that IRS has, if it shows that you're actually in the business of dealing with precious metals, then, of course, you would have to follow the ordinance. And, then, there was discussion that was overburdensome to hobbyists to be licensed or to keep or transmit records when they are just merely doing it for a hobby and not really trying to make any money off of it. Jewelry remodelers. I have to admit that this was one area that was not even considered when we originally talked about the proposal, but dealing with Todd Thompson through Thompson jewelers and him explaining a lot of what they do, realized that the ordinance would regulate something that we never intended to and so someone that brings their jewelry into a jeweler to have it upgraded or remodeled or something like that, would not be regulated under this, it would be only a person that was actually selling the item for actual cash. And, then, through research there is low to no existence of stolen jewelry being remodeled, so the regulation would be unproductive. Licensing. Originally we required a license and a background check of any individual buyer conducting a regulated transaction. We currently propose that the owner of the establishment or operator of the premises be the one that's licensed and that it would be upon them to actually go to them, knowing that if they have an employee that actually violates this ordinance they could be subject to having their license revoked. The task force believed that the owner should be held accountable for the employees and the license fees would just be too high for having multiple employees with possible turnovers and everything else. This actually brought up some concern with a couple of the task force members, so we just merely removed it, but originally the license could be denied if premises are noncompliant with Meridian City Code or other laws, UDC, the building code, the fire code. This caused a lot of concern, therefore, we removed it. However, there is other codes already on the books that actually covers that. In order for you to occupy the business and have it open to the public you need to follow those anyway, so we figured it -- it wasn't a method to withhold their license, it was just a matter of if you got other problems you need to deal with those as well, too. And, then, the feedback was, basically, why are we regulating code violations when we are trying to enforce or deter theft. Transmit record. This discussion came up. Currently under the pawn broker ordinance we have in there by noon the next business day. We talked to Mary Ann Watson -- De Weerd: You're fading on -- if you can -- Lavey: Okay. We were talking with Mary Ann Watson with Meridian Coin and Pawn. She gave us a lot of experience with how it's worked for them and they recommended that we change by noon the next business day to within 24 hours of transaction. Business owners prefer the 24 hour window to provide more time to enter and transmit the record. Leads Online. This is currently the company that we use to forward the information. The database. The procedure to declare an official method of transmitting Meridian City Council August 23, 2011 Page 6 of 77 Meridian records via MPD policy and Council resolution, Leads Online is currently how we do it with the pawn shops and upon reviewing that ordinance we don't specifically state that it needs to be Leads Online. We went and did a separate resolution indicating that that was the company, that Meridian doesn't have any -- any interest in actually what vendor we use, the reason why we picked Leads Online is that's what everybody else was using. Part of the concern was that any of your other law enforcement agencies may troll for information about people -- well, that is -- there is a lot of things in place that controls that one, is you actually have to have an agreement with Leads Online to access it. You have a limited amount of people that access it. They track who is on there. And you have to enter a case number for what case you're actually searching for at the time. So, there is a lot of control over who has access to that system. It says -- or part of the discussion was that MPD has -- or the Meridian police have too much discretion over record keeping. They were implying that we could just go in there and troll for whoever has been selling things and that there is concerns of hacking. However, in the years that we have had Leads Online here in Meridian there has been no instances to report of hacking. But it's a legitimate concern. Background checks. This is one of the areas that I really had a concern over the change, but let me explain to you why it occurred. The city has 21 days from receipt of complete application to grant or deny a license. Dealing with the city clerk's office they requested that be 42 days and the reason why is that's the average amount of days it's taking to get a background check returned from the Idaho State Police and the FBI. We actually had no control over those two agencies and we didn't want to have an ordinance in place that actually says, well, you have 21 days to make that decision when we don't have that information to make a factual decision. I will note to the city that if an application can be granted sooner than that it will, but that is the reason for the lengthening of that. De Weerd: Chief, can you add kind of a statement, whichever is -- or whenever the background check is completed, whichever is earlier? Lavey: Sure. We could actually put that wording in there. I would have to review it and see how it's currently written. It might say no longer -- no more than 42 days or something like that, but we can actually -- De Weerd: No more than is good. Lavey: -- make it -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If we are talking about a process that we don't control, wouldn't it make more sense that the city -- we said something like the city has to grant or deny within ten days of receiving the completed report from the controlling agency? However, long that takes? Then we have ten days to get our part done? Meridian City Council August 23, 2011 Page 7 of 77 Lavey: There is -- we just want it written in a way that a citizen doesn't believe that we are trying to hold control over a license and not grant it and there was some discussion with the attorney as far as why that would not work, how this is the way it should read, but I would have to defer to Bill Nary's staff and we can get you that answer. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Council Member Zaremba, I think the chief hit right on it. The perception may be that until we apply or until we submit it, then, we have ten days until we receive it back. So, if we could hold it indefinitely to even submit it -- or people might believe that we could hold it indefinitely. Logically, from a business standpoint we are not going to do that, but Ithink -- I think if the 42 days or no more than 42 days is adequate, I think that would cover us in most every circumstance. Obviously, occasionally there may be a situation that could go longer than that, but six weeks is a fairly lengthy period of time and so I think that's what we are finding, it's kind of how long at the max it takes. Sometimes it's quicker. So, I think at least at the outset, unless we have more problems, the 42 days is probably adequate. Zaremba: Thank you. Lavey: The other indication is that after 42 days we may need to make that decision whether we are going to grant it or deny it and if we have no other means to deny it and we grant it, then, they get that license. If we deny it, then, they would have the opportunity to come in front of Council and appeal that decision and by that time we would probably have the returns back anyways. So, I don't see significant delays, but we are trying to get away from the perception like Attorney Nary says is that we don't just sit and file it in the round file or in a drawer or something like that, that we actually use the date that they actually submitted the license as to how we calculate the deadline. The other -- the other thing is is that when we originally came in front of Council, the precious metals dealer license and pawn broker precious metal endorsements would be expiring on December 31st, 2011, like any other -- any other licenses in the city. They expire on the last day of the calendar year. Because of the extensive work that we put into this and the focus group, we have delayed enacting this and so our --our desire is that if we go through this whole proposal and it is granted and approved that we give a significant time for it before it takes effect, so people can comply with it. By the time that comes around we are only dealing with a few months at the most before the license would expire. It is not our intention to actually collect any monies from anybody and, then, two months later make them do it all over again. So, two things I would point out is that, first of all, the city is not enacting any -- any fees for the licenses at this time. The only fees that would be required would be the third-party fees for the fingerprinting. And, then, second, my proposal is is that the first license be granted to the end of -- to December 31st, 2012. So, it may run 15 months, it may run 13 months, depending on if and when we approve this, but the people will not have to Meridian City Council August 23, 2011 Page 8 of 77 go through that hassle of doing it twice in a three month period. And those were the significance differences. I think what I will do is I'll stand for any questions. If there isn't, we can open it up for public comments and, then, I will be available for any questions after that. De Weerd: Council, any questions for the chief at this point? Rountree: I have none right now. Bird: Not at this time. De Weerd: Thank you. Lavey: Madam Mayor, Council, my question is, too, is did you get a copy of the -- the matrix? Rountree: Yes. Lavey: Okay. Thank you. De Weerd: Okay. Just to -- before I ask if there is any public testimony, I will explain our public hearing process. This is a continued public hearing and we first have the ordinance that is being considered in front of us presented. We, then, ask for public testimony and that public testimony is timed to three minutes, so we ask that you be concise and to the point. We had lengthy testimony when we first heard this ordinance. If you can focus on the changes or what your continued concerns are, that would be greatly appreciated, but we will respect all of your opportunity to present testimony on this item and we would ask that each of you respect those that are testifying to not be disruptive when they are speaking. Then the chief will wrap that up, respond to any testimony that needs a response to, and summarize. So, that is our public process and at this time I will start with anyone who has been signed up to provide testimony. After I get through -- only one name -- I will open that up to anyone else who would like to provide testimony. Signed up on the sign-up sheet is Clint Stegner. If you will, please, come forward and state your name and address. Stegner: I'm Clint Stegner from Star, Idaho. De Weerd: Thank you for being here. Stegner: Thank you. I was here at the April hearing and I'm I guess disappointed to see that, you know, not much in the way of the feedback from people was actually incorporated in the -- you know, the new ordinance. There was overwhelming, you know, sort of opposition to that from, you know, people who were interested in privacy, people who think that businesses, you know, maybe shouldn't be, you know, acting as a -- you know, an arm of law enforcement. People that are, you know, worried about the cost of, you know, administrating this kind of a program, you know, I am, you know, in Meridian City Council August 23, 2011 Page 9 of 77 the bullion business, our offices are in Eagle. We have got nine people working. We do 120 transactions a day with people all over the country by telephone. So, I can tell that, you know, administering this kind of a program would be a major imposition and that's, you know, secondary to the concern that our customers would have when we are collecting detailed information and, you know, forwarding that onto law enforcement. You know, these people are extremely interested in privacy and this kind of a requirement would be absolutely devastating to our business and their, you know, interested in privacy is legitimate. You know, government confiscated precious metals once before. A lot of our customers are concerned about that again and so, you know, none of that is addressed here and I would further say that we are getting ready to move offices, our business is growing, but we need higher speed data and, you know, Meridian could offer that, but, you know, we absolutely would never dream of, you know, locating this kind of a business here for the reasons I just, you know, outlined. I regret that, you know, none of what was presented in April is -- you know, seemed to have made a difference and, you know, I want to oppose the bill. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Is there additional public testimony? I would invite you forward at this time. I would like to take a moment and just thank the task force. I guess in looking at the ten different points that they really focused on in response to the testimony that was provided in April, they vetted a number of issues and found some neutral ground and I think that some good work was done. So, I would like to commend the task force members in seeing this through. I know there was good healthy debate on many of those issues that were of concern and I think there was some good dialogue and understanding built on both sides of the concerns from law enforcement and from those of our citizens. 80, our heart felt thanks for your work in that. Council, seeing that there is no public testimony to take on this, would you like to -- do you have any questions for the chief? Would you -- is there additional information that you would like to see on this item? Hoaglun: Madam Mayor, I just had one question for the chief and it's an item that I might have missed that -- on that and I think that was -- there is no thumb print required anymore? I think that was initially considered and that is no longer part of the ordinance as part of the privacy stuff that you guys worked on. Lavey: Madam Mayor, Mr. Hoaglun, that is correct, there is no thumb print required. And if you look at the matrix it will explain to you what's required and what's not required compared to these other agencies. Hoaglun: Appreciate you working on that and changing the type one to type two, recognizing the difference in the coins, to give people more privacy, those changes were made after -- after the input from the task force as you outlined and appreciate their work. Mary Ann and the others that were involved in that, appreciate it, that was Meridian City Council August 23, 2011 Page 10 of 77 very very helpful and the way we can make these things work and move forward, so appreciate it. De Weerd: Okay. Any other questions from Council? Rountree: Madam Mayor, I have no other questions, but, again, from my point of view I do very much appreciate all the time that the task force put in on this. I would walk by them on Tuesday evenings and they were diligent and huddled up and going through this and there was much debate and I think ultimate reasonable compromise. I believe with some minor tweaking that we have heard tonight, possibly with respect to times and days, we could see this ordinance move forward in terms of a reading of an ordinance in the next few weeks. So, again, thank you all that participated. Really and truly appreciate your time. I wish we had some gold coins for you, but we don't. De Weerd: It's too expensive. Anything further from Council? Chief? Lavey: Madam Mayor, Council, I guess I would only close with as you look at the matrix you can actually compare the current proposal for Meridian and compare it to the Ada County ordinance where Star is a part of and I believe the Ada County ordinance is more restrictive in what they require in most cases and everything else is similar right down the road. So, if that concerns you at all based on the testimony you just heard, you can compare what Ada County requires versus what Meridian would require. And with that I have nothing further. Rountree: Madam Mayor, chief brings up an interesting point. There currently are ordinances in the city of Boise, the city of Nampa, Ada County, Chubbuck, which is not in our area, and also Garden City. So, this is not an unusual situation. This is something that -- that's come about because of the issues we are facing in law enforcement with people's desire to steal from other folks. De Weerd: Thank you, Mr. Rountree. Mr. Zaremba Zaremba: Madam Mayor, I just wanted to clarify and maybe I didn't hear it correctly, but I believe Councilman Rountree said we would be considering this for maybe a few weeks and it would come back as an ordinance. It is actually Item 10-A on tonight's -- Rountree: For the first reading. Bird: Yeah. First reading. Zaremba: -- agenda for the first reading. Thank you. De Weerd: Okay. If there is nothing further -- Rountree: Madam Mayor? Meridian City Council August 23, 2011 Page 11 of 77 De Weerd: Yes. Rountree: I move we close the public hearing. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Council, do I have a motion on direction on this? Well, since it's later in our agenda I won't ask that right now. Rountree: We have a first reading. De Weerd: For the first reading. Okay. So, if anyone was interested on next steps in this, it is allowed three readings and the first reading is tonight and so either the Council at that time can choose to waive additional readings or it will be on the next several agendas for readings and, then, acted on upon that third reading. So, those are the next steps. Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from Consent Agenda. Item 8: Action Items A. Continued Public Hearing from August 17, 2010: VAR OS-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right-In /Right-Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right-In /Right-Out, Left-In Access Point at the 1/4 Mile to State Highway 69 /Meridian Road De Weerd: So, I will move to item -- Action Items under eight. The first Item 8-A has -- the applicant has requested to withdraw this application. Council, I would need a motion to accept that. Rountree: Madam Mayor? De Weerd: Yes. Meridian Cily Council August 23, 2011 Page 12 of 77 Rountree: Move that we withdraw Item 8-A from the agenda. Zaremba: Second. De Weerd: I have a motion and a second to withdraw Item A-8. Is that a roll call, Mr. Nary? Nary: Voice vote is fine. De Weerd: Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: MDA 11-005 Walmart-Overland/Stoddard by Walmart Real Estate Business Trust Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan and Certain Sections of the Text of the Agreement in Accord with the Proposed Changes to the Development Plan De Weerd: Okay. Our next public hearing is Item 8-B on MDA 11-005. I will open this public hearing with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. In response to a number of the comments that we received I just want to preface the staff presentation to briefly address the project background. The review process is currently before the city and clarify the zoning status of the property. After that Ms. Watters will address the specific application, the staff report, and the recommendations. So, as the Mayor indicated tonight's hearing is on a modification to an existing development agreement. There was also an application for a Conditional Use Permit before the city to allow for the construction of a drive-thru pharmacy at this future retail store that's been proposed on the subject site. The action before Council tonight is merely on the development agreement modification, the actual Conditional Use Permit just on the drive-thru will be held by the Planning and Zoning Commission. De Weerd: Can you make sure you get that closer to you, Pete. You're fading out. Friedman: Okay. Again tonight Council is considering the modifications to the development agreement. The actual hearing on the drive-thru pharmacy will be before the Planning and Zoning Commission on September 1st in this room. So, tonight we are going to review the proposal by the applicant as it relates to the existing development agreement. By way of background, the property was annexed to the city in 2007. The zoning that accompanied the annexation was C-G, General Retail and Services, and that was consistent with the Comprehensive Plan designation in place on the property. The C-G zone allows for commercial on a large scale. It can include a Meridian City Council August 23, 2011 Page 13 of 77 broader mix of retail, office, or service businesses. It identifies the permitted uses that would be allowed on the site and the standards for future development, but it does not call out individual users by name or by corporation. We really just look at the underlying uses, whether it's restaurant, or something like that. When the project was first proposed there was -- going back through the hearing records it appeared that there was quite a bit of opposition. It's our understanding that the original developer worked with the neighborhood and the results of some of that dialogue were incorporated into in the development agreement itself. The highlights of those were that Alaska Street not be extended, that it be dead end there, except for emergency access and pedestrian access. That certain uses along the southern boundary where the interface between the commercial property and the residential properties occurs. There would be no fuel sales. There would be no garden or building supply sales. No vehicle washing facilities. In addition, there was a requirement fora 60 foot separation between the buildings, with 25 feet of landscaped area from the southern property line into the commercial site. Many of those conditions are in the original development agreement and they remain in place today and they will remain in place after the modification, if the Council approves the modification. The modification, which Sonya will address, are primarily to the site plan and a couple of other points. They are not really addressing any uses per se. Really one of the things that we have been struggling with and trying to communicate to some of the people that we have had an opportunity to speak with is that the zoning approvals are already in place for a large retail center there. If this particular applicant had chosen to avail themselves of the current site plan as approved, there would be no public process, there would be no public hearing, they would submit for a certificate of zoning compliance, design review, and their building permits. But because they have chosen to take and modify the site plan that was approved, because the original developer did not know who the end user was going to be, that necessitates us revisiting the development agreement to get a new concept plan -- or, actually, not a concept plan, but a specific plan approved by Council. So, that is kind of how we got to where we are tonight and I will now turn it over to Sonya to really address the specific modifications In the request. And then, at the end of her presentation either one of us would be available for Council questions or we would be happy to wait until after the applicant and the public have -- have made their comments. De Weerd: Thank you, Pete. And just to go over the public process, some of you might be new to this process. Staff gives their report first. The applicant will be invited forward and they have ten minutes to present their application. Public testimony will be invited and, then, the applicant will have five minutes to conclude and to address some of the testimony if they would like to respond to that. So, then, there will be dialogue from the City Council. I just wanted you to know what the public process is for those that are new to our proceedings. So, I will turn this back over to the staff. Watters: Thank you, Madam Mayor, Members of the Council. I'd just like to start just to show the background on the development plans that were approved for this property. The site plan that you see here is the original concept plan that was approved with the annexation in 2007. This is the revised concept plan that was approved in 2009. As you can see here the traffic calming measures, the little bump out, the tree, stop signs Meridian City Council August 23, 2011 Page 14 of 77 were removed on this plan and the building square footages for the pads are shown here. The revisions in 2009 were primarily to address the pad at the northeast corner of the site where the Icon Credit Union property was proposed to be constructed. This is a proposed site plan -- concept plan with this application. The applicant's proposed modifications to the development agreement are a revised orientation of the largest building pad on which Walmart is proposed from facing north towards Overland to facing east towards Lowe's. The rear of the building is now proposed to face Stoddard, instead of Bear Creek Subdivision, with parking on the interior of the development. The removal of the requirement for a landscape buffer to be provided along the rear of the building, along the south boundary. The 25 foot wide buffer required by the UDC adjacent to residential uses will remain a requirement. And the change to the text that would require the developer to provide an eight foot tall white vinyl fence, instead of replace the existing vinyl fence, with an eight foot tall vinyl fence, with the property owner's consent along the south boundary of the site, in addition to providing dense landscaping within the buffer. Staff comments on that request -- if the existing fence remains and a new eight foot tall fence is constructed on the property, it would create a double fence with space in between which could result in maintenance problems, as well as not be visually pleasing to the residents. In order for the existing fence to be replaced with an eight foot tall fence consent would be required from all of the property owners. Staff is of the opinion neither option is feasible for the reasons stated. Therefore, staff recommends that that fencing requirement be eliminated and trees be provided within the buffer that are a minimum of eight feet in height when planted and consisting of a mix of evergreen and deciduous trees and shrubs that will result in a barrier that allows trees to touch at the time of maturity. In addition to the applicant's proposed changes to the agreement, staff is recommending the following: Removal of several provisions that have already been satisfied with the development of the Icon property as they are no longer applicable. Inclusion of a requirement for compliance with all current design standards listed in the UDC, along with the guidelines listed in the Meridian design manual. Inclusion of a requirement for street lighting to be installed along the project's frontage on Overland and Stoddard Roads in accord with the city's improvement standards prior to occupancy of the first building on the site. Inclusion of a requirement for an easement granting cross-access to the Icon property at the northeast corner of the site to be submitted with the first certificate of zoning compliance application. Inclusion of a provision prohibiting overnight recreational vehicle parking and camping on the site. And, finally, inclusion of a requirement for an eight foot wide multi-use pathway to be provided along the east boundary of the site from where Alaska Street stubs at the south boundary, north to the Icon property at the northeast corner of the site. And also a pathway is required along the west boundary adjacent to Stoddard from the south boundary to the Overland-Stoddard intersection. We have received 15 letters or comments from 15 different folks I should say. Frank Balkovetz. Dan Albert. Adam and Ashley Clark. Jim and Sarah Schmidt. Shannah Sylvestry. Ryan Heyborne. Lori McBride. Shaly and Terry Honeycutt. George and Lora Webb. Patrick Morandy. And Kevin Denton. All written testimony on this application. Outstanding issues for Council is the fencing previously discussed along the southern boundary of the site adjacent to Bear Creek Subdivision. Council should consider public testimony on this issue in determining if staffs recommendation is appropriate. Staff is recommending Meridian City Council Augusf 23, 2011 Page 15 of 77 approval of the requested modification to the development agreement per the provisions in Exhibit A-4 of the staff report. Staff will stand for any questions that Council may have. De Weerd: Thank you. Council, any questions at this time? Bird: Not at this time, Mayor. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Thank you for the report. Is there any provision in it for the appearance of what is now the back of the building that will be facing Stoddard? Wafters? Excuse me. Madam Mayor, Councilman Zaremba, Councilmen. They do have to comply with the current design standards in the Unified Development Code and the guidelines in the design manual. So, there are provisions within that for the elevation. Zaremba: For a surface facing a major street. Wafters: Yes. Zaremba: Okay. Thank you De Weerd: Sonya, can you also say since the building has been reoriented is there going to be some lighting issues and how those concerns might be mitigated? Wafters: Madam Mayor, Councilmen, with the certificate of zoning compliance the applicant will be required to submit a photometric report that shows the boundaries of the light, where they fall on the site. No light trespass will be allowed beyond the property boundaries on the residential properties. So, that will be verified at that time. De Weerd: Okay. Thank you. Council, if there is nothing further, I will invite the applicant forward at this time. Butler: Good evening De Weerd: Good Evening. Butler: Joann Butler, 251 East Front Street in Boise. And this is the same site plan that is up -- it just shows a little bit more of the landscaping and would you like it oriented -- can we orient it -- maybe we can orient it -- we are going to cut off somebody. De Weerd: You can cut off those guy over there. Meridian City Council August 23, 2011 Page 16 of 77 Butler: Okay. De Weerd: They are the ones with the badges and the guns and all of that. Butler: Okay. Sorry, guys. Thank you. Again, Joann Butler representing the applicant for the project. The applicant is the contract purchaser of this property, which is now owned by Idaho Banking Company. As Mr. Friedman said, this is an application to modify the development agreement and the main purpose is because of the reorientation of the store, the major store on the site and to modify the conditions of approval appropriately. We think we are providing a better site plan and I think the consensus is an appreciation for the reorientation. Nick Taylor from Pacland Civil Engineers is here with me tonight and he will be coming up in just a minute to explain the site plan in a little bit more detail. As staff said, this is not a conditional use, we will be before the Planning and Zoning Commission in connection with adrive-thru pharmacy in just about -- about a week's time -- a little bit more than that. In addition, we will be applying for the certificate of zoning compliance and design review. A great accomplishment, in my opinion, for the city in the last several years since this site plan and this development agreement was first approved is the fact that you have adopted design guidelines, some pretty thorough design guidelines, and that's -- it's been pretty impressive. We have had several meetings with staff, with the architects for the site, and -- to make sure that they understood and staff was able to convey to the architects what the design guidelines require, especially on street frontages and whatnot and the staff has added in a few extra things in terms of conditions of approval if they thought the design guidelines hadn't gone far enough and I think, you know, it's been -- they have been great meetings in terms of being able to convey to us what the city is looking for for a good addition to the city and also as a good addition to that neighborhood, because that's what we are trying to provide. We have had two meetings with the neighbors, two different neighborhood meetings. We have had several phone calls, some letters and some a-mail correspondence. No doubt about it, when we first met with the neighbors at the first meeting some of the neighbors were very vocal about why was this use approved for this site? Why wasn't it further away from the residential area. Somewhere like Ten Mile or something and they were very -- they were concerned about it and this project was probably approved before many people moved into this area and we did explain the original zoning approval. We also took the time to explain a little bit about your planning process and your comprehensive planning process and the fact that the city today, unlike we planned several decades ago, we do today try to plan so that we all can live, work, play and shop in a little closer proximity, so that it's not -- we are looking for sustainability. It's -- I guess that's the buzz word for this decade and that's -- it's a good thing and I think it shows in your comprehensive planning. I believe that many of our neighbors, upon considering that appreciated that planning concept and felt good about what was -- what was being proposed. We did appreciate the meeting with the neighbors and they had a lot of good suggestions and we have been able to meet many of our neighbors' objectives. Not completely. Traffic, of course, is a concern for our neighbors and we are working with ACHD. Our traffic engineers are working closely with ACHD and there will be a public hearing even before Meridian City Council August 23, 2011 Page 17 of 77 the Ada County Highway District commissioners. The view along Stoddard has been on the minds of some of our neighbors and we appreciate that and they even sent letters to you to say they appreciate it and gave us high marks for how the other store in Meridian on Fairview is kept and it's neat and it's tidy and so on. Still they were asking could you put an eight foot linear fence all along Stoddard. Mr. Taylor will go over our solution for the Stoddard view along there. We think that with staff having us put in a multi-use pathway with the berming, with the landscaping and with the varied hardscape out there that we have created a good, varied, esthetically pleasing length along that -- along Stoddard without putting in an eight foot linear fence and we hope that the Council agrees. Again, because the originally approved site plan had the rear of the store facing Bear Creek Subdivision with truck docks back there as well, there was this call for an eight foot fence -- eight foot vinyl fence with the neighbors' permission. At our various meetings we haven't had consensus. Some people didn't want a fence at all, some people wanted an eight foot fence, some people wanted a block wall, some people wanted a lot of landscaping. We think the staff has come up with the esthetically pleasing solution with very dense landscaping, enhanced landscaping for the area. We are not clear that we can get permission from all of our neighbors to replace the fence and I don't want to see a jagged tooth long in the back at the -- at that side of the property boundary, but we think that the buffering on our property and as staff has put in the conditions of approval is appropriate. I think that's all. Those are the only two real conditions that I wanted to address up front. We know that we don't quite agree with all of our neighbors on those two conditions and I will let Nick talk to you a little bit more about that and stand for questions either now or later. De Weerd: Thank you. Council, any questions right now? Bird: I have none. Taylor: Madam Mayor, Council, thank you for the opportunity to present the site plan. Is it all right if I go over here without the microphone? De Weerd: No. First I need your name and address. Taylor: I'm Nick Taylor with Pacland Civil Engineer on the project. De Weerd: Okay. And, no, we need you on the public record. Oh. The city clerk has found a microphone for you. See, ask and you shall receive. Taylor: All right. I'll just make this brief and run through a couple of main site features. As you can see, the proposed 157,000 square foot building is proposed to face east with its back against Stoddard. De Weerd: You may want to stand on this side. Taylor: Good idea. Thank you, Madam Mayor. Proposed site access along Stoddard is at the southwest and northwest corners of the site, along with an additional proposed Meridian City Council August 23, 2011 Page 18 of 77 access along Overland Road and, then, a shared access with the Lowe's site next to the proposed credit union that is under construction right now. Those are the main vehicular accesses. The proposed truck route will be from the south Stoddard entrance. The trucks will circulate in, they will make a left turn from Stoddard, they will circulate up along the western boundary, they will back into the truck dock, the screened truck dock and, then, when they are finished unloading they will travel back out the -- the northwest site access. The intent here is to -- the prototypical Walmart actually has truck docks facing the south and the intent here was to modify the prototypical site to keep those truck docks facing away from the residents and also to include a ten foot screen wall to -- to buffer from South Stoddard Road any -- any truck traffic through there. So, in addition to the vehicular accesses as previously mentioned with the development agreement requirement, there is an emergency vehicle access and we have proposed to maintain that as an emergency vehicle access only. That will also provide pedestrian access along the eastern boundary of the site next to Lowe's. In addition to the eastern pedestrian access as proposed, there is a western pedestrian access proposed along the South Stoddard Road buffer. I believe it's a 20 to 25 foot landscaped buffer that's required on this side of the building. Inside that landscaped buffer that will be landscaped per UDC and per zoning code with berms and significant landscaping features, there is also ten foot screen walls for bail and pallet storage areas, ten foot screen wall for organic storage area, ten foot screen wall for the truck dock area and ten foot screen wall for the compactor pad area. So, most functions that will be behind the store will be screered from view and from noise as well onto South Stoddard Road. As you can see on the west side the proposed landscaping is significant, along with the southern boundary as well. In addition to the existing six foot fence and as a condition of approval we understand that this area will be significantly landscaped and above and beyond the UDC and zoning code in order to provide an additional level of screening with deciduous plants and shrubs as requested. In addition, there is a significant amount of landscaping per UDC in the parking field and that will go well with the proposed -- the proposed GE lighting system. We have a proposed LED low energy lighting system that has low scatter and low light shed. Obviously, we will be meeting the zero percent overFall requirement for lighting into the neighborhood next door. So, that's a little bit about the site. If there are any questions I can answer those now. De Weerd: Council, questions? Mr. Zaremba. Zaremba: Madam Mayor. Curiosity piques my question. In a store that operates 24 hours a day is the loading dock open 24 hours a day or are you likely to be receiving deliveries with trucks backing in at 2:00 o'clock in the morning? Taylor: Council Member Zaremba, no, sir. The plan is to have -- typically there is four or five truck deliveries per evening and they are usually done in the evening. They are big trucks, they enter, they usually do not idle, the policy is for them not to idle outside of the truck docks. They make their way into the truck docks and they stop. They do their off loading and, then, they leave. Typically it occurs at night and it typically occurs fairly rapidly. They don't like to have trucks sitting in there for a long period of time. So, that's the standard. Now, there will be times when you will exceed those typical amounts and Meridian City Council August 23, 2011 Page 19 of 77 there will be times when there will be less than those typical amounts, depending on the delivery schedule, but typically they are done at night and they vary. Zaremba: Okay. Thank you. De Weerd: Other questions from Council? Rountree: None at this time. Bird: I have none at this time. De Weerd: Okay. Do you have elevations? Taylor: I do not have elevations, Madam Mayor De Weerd: Okay. Friedman: Madam Mayor, Members of the Council, as Sonya had indicated, the next step in the development process, if the modifications are approved or even if they weren't, would be to go through design review and certificate of zoning compliance and I just wanted to say that right now those elevations are a works in progress. We kind of took the base store that they had brought forward and, then, had a very good dialogue about how we think they needed to adjust to comply with our design guidelines, as well as provide some more interest in detail and so forth to address, for example, the views from the neighborhood, the views from the street. So, it was pretty much at our direction that -- not to bring them tonight, because they really aren't ready for consumption at this point, they are a works in progress. De Weerd: Well, I will try not to comment then. Anything further from Council at this point? Okay. Thank you. Taylor: Thank you. De Weerd: Okay. I do have asign-up sheet from interested parties to this application. When I call your name if you would like to provide testimony at that time I would invite you forward. If you don't want to that's fine, you can just shake or nod your head. So, Leif and Tonya Edmonson signed up in favor. Okay. Garrett Bishop. Oh. Okay. Please come forward. I will ask if you will, please, state your name and address for the record. Edmonson: My name is Leif Edmonson and I live at -- in the Bear Creek Subdivision. De Weerd: Thank you. Edmonson: I wanted to commend the developers for changing the plan. Based on the changes I have seen tonight I'm pretty pleased with it. I was not real excited to hear Meridian Cily Council August 23, 2011 Page 20 of 77 that there was a Walmart coming to my neighborhood, but it was coming whether -- you know, the decision to let them come or not was made a long time ago with -- my consent was never asked. It doesn't matter. But I am glad that they are working with the community to change the designs to meet some our needs. As an amateur astronomer I'm really concerned about light pollution and they are going to do -- do some good things for that and I'm glad to hear that, so -- big buildings generate lots of light and there is not much you can really do about it no matter what, except turn the lights off and that's not going to happen, so I'm glad they are doing what they can, where they can. And from my fellow citizens of Bear Creek there was a letter sent out to the group that was rather argumentative against -- come here and say no -- vote no and I don't think there is much we can do about that. I think we need to continue to work with Walmart, the developers, and seek changes to their plan. I was really in my response to that letter to our community I -- I said I think we need to -- if they cannot have the pharmacy and -- entering onto Stoddard Road and it looks like that's going to be the case here already. So, I'm really glad to see the changes that they are proposing. It looks pretty good from my perspective. De Weerd: Okay. Thank you for your testimony. Garrett Bishop signed up against. Good evening. If you will, please, state your name and address. Bishop: Garrett Bishop. I live in Bear Creek also. Most of my concerns is I think not applicable to the agenda. I was concerned more about the 24 hour operation, the lighting and the late hours and just the overall effects on the neighborhood with the 24 hour operation. So, that was my biggest concern and I realize that's -- now that I'm here I realize that's not really up for discussion tonight, so I guess that's all I have. Thank you. De Weerd: Thank you. Brandon Grant signed up against. Okay. Ryan Heyborn signed up against. Good evening. If you will, please, state your name and address. Heyborn: My name is Ryan Heyborn. I live in the Bear Creek Subdivision as well. How are you? De Weerd: Very good. Thank you. Heyborn: Well, I also had some preconceptions about what we might be able to discuss and what we might -- might not be able to and those are -- are not what's being discussed tonight. I do -- you know, I don't have any animosity towards Walmart or towards you folks. I know you guys are doing a job and I'm sure you're good at it. We are not, however, neighbors and that's a fact of the proximity of where you live and where I live and I happen to live near an area that's about to get a Walmart right next to it, which I didn't know about, didn't expect. What I really wanted to talk about tonight as well was the 24 hour nature of this business. Now, I want to ask if that's not open for discussion tonight, as we go forward will there ever be any chance that anything I or anyone else says could make it so that Walmart cannot be open 24 hours a day or is that absolutely a done deal? Meridian City Council August 23, 2011 Page 21 of 77 De Weerd: There is a separate -- a separate application that would address that. Under the development agreement -- Mr. Attorney -- Mr. Nary, would you like to answer that? Nary: Madam Mayor, Members of the Council, I believe in that zone 24 hour operation is allowed. Friedman: That is correct. De Weerd: Okay. Heyborn: So, there is nothing I could do, nothing I could say or anyone else that would change that. De Weerd: Not under the development agreement discussion and certainly it's -- it's going to be more applicable to the CUP discussion. Heyborn: And is that open for public discussion or -- De Weerd: Oh, yeah, that is a public hearing. Heyborn: All right. I work at night and so a lot of nights I'm not available to come to the meeting, but I would just make a quick comment, because I plan on living in my house for another 30 years and having Walmart next to me for another 30 years. Beings I'm an emergency doctor, I work in the ERs at night and I'm exposed to the group of people who are out during the night and a lot of them are an unsavory crowd and not a crowd I would like having just a parking lot away from my family at 2:00, 3:00, 4:00 a.m. And so, hopefully, there is a chance or an opportunity to voice that more and amend the agreement, but if not -- Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, the -- the CUP application is only in regards to the drive-thru operation. The zone allows fora 24 hour operation. That's already an entitlement that this property has. Even if the City Council were to change the requirements of the zone that this is in, this property at this particular point would be grandfathered in under the existing code that allows 24 hours. So, that is not a discussion point even at the CUP. The CUP is only as to whether or not adrive-thru operation can operate at this location, not the hours of operation. Heyborn: Okay. Thank you. Meridian Cily Council August 23, 2011 Page 22 of 77 De Weerd: Sir -- and I would also invite you, if you can't make the public hearing for that item, you can submit a letter in writing -- Heyborn: Oh, thank you. De Weerd: And those are read and also part of the decision-making. process. Heyborn: Thank you very much. De Weerd : Thank you. Zaremba: Madam Mayor? De Weerd : Mr. Zaremba. Zaremba: This may be a related question for our attorney or perhaps our director of planning and zoning. Even with a 24 hour operation that does not give any business or property the right to violate our other nuisance ordinances about noise between 11:00 p.m. and I think it's 7:00 a.m. So, if -- even if they are open 24 hours a day they can't become a nuisance in the middle of the night and I believe we have separate ordinances that cover that. Nary: Madam Mayor? Madam Mayor, Members of the Council, as long as their operations are within what's allowed, then, that is not included in the ordinance. If it's beyond what's allowed -- so, for example, right now they have -- they have certain hours of operation, certain hours of delivery, so if it was beyond that or outside of the area of that, then, that would violate our ordinance. So, yes, the ordinance would apply to other uses. So, I think the issue that most of the comments have been related not to the delivery service, but as much as the parking lot. So, the parking lot requirements are subject to all of our ordinance requirements in regards to noise and nuisance and those type of things. I think most of the deliveries, as long as it's within that very defined window of what the store operation is probably not going to violate the ordinance, but the parking lot certainly would and that's where I think most of the comments have been concerned about, so -- Zaremba: Thank you. De Weerd: Okay. Heidi Fordick. Or Forney. I'm sorry. Okay. Signed up against. Thank you for being here. If you will, please, state your name and address. Forney: My name is Heidi Forney and I live in the Bear Creek Subdivision as well. De Weerd: Thank you. Forney: As the parent of two children, one of whom is a special needs child, I'm very concerned about the traffic in the area and about what this will mean to my children and Meridian Cily Council August 23, 2011 Page 23 of 77 to my family. We have lived in the Bear Creek Subdivision since -- almost since it opened. We have lived there for a good seven years now and I'm concerned -- looking at this development I see very little access as far as the driveway. You have got the driveways in the back on Stoddard where the trucks are going to be coming in and coming out and you have got the one driveway here where you have the traffic and, then, from Lowe's they are coming in as well. How do we know that eventually they are going to, well, you know, there is really not enough access for people to be coming in and out, maybe we should open up this street to go into the subdivision so people can come in. Yeah, it's an emergency access, but, you know, I think we can let other people come in, too. That's going to open up our subdivision to all kinds of traffic. It's already open 24 hours a day. I'm sorry. If you have more traffic coming in and cars coming in, that's opening up our children who walk around in areas -- you know, they are already free to ride their bikes in the neighborhood, they are safe in our neighborhood, but, then, when you have all of these other cars and, you know, people coming in and coming to Walmart, you know, they are going to be in danger from being able to safely play in our neighborhood and I'm very concerned about that. De Weerd: Well -- Forney: What's to prevent them from asking -- coming back a few years from now and saying, gee, you know, we need another driveway, we need another access, can we open this up. De Weerd: I will ask Pete to respond to that. Friedman: Thank you, Madam Mayor, Members of the Council. Yes, just in response to that concern, it has been a concern since the original development was proposed. Certainly from our perspective that remains a concern. As you indicated right now the requirement of the development agreement is that that remain closed to vehicle access except for emergencies. And that's not proposed to change. If some point down the future there was a determination made by the property owner that the two accesses on Stoddard, the one on Overland -- actually, there is a couple more as you go farther east on Overland, because they have joint access between the new bank and Lowe's, there is another access in from that side, but, nonetheless, if someone who controls this property said we would like more access, they would have to come back and modify -- request the development agreement modification and that again, would have to be reviewed and acted on in the public session by the City Council and you and the other concerned neighbors would have, again, an opportunity to come in and restate your concerns. Forney: Will we, as homeowners, be notified of that? Will they be putting up signs the way that they did this time? We weren't notified about the Walmart hearing originally, at least I wasn't as a family. We didn't -- you know -- De Weerd: And do you back up to the property? Meridian City Council August 23, 2011 Page 24 of 77 Forney: We don't back up specifically. We are over by the park De Weerd: Okay. Forney: But my -- you know, my family does walk around -- we run around. My son has a -- my son is special needs. He has a service dog and he's learning how to use that service dog and I want him to be safe in his neighborhood. De Weerd: I certainly understand that. There -- there is the neighborhood -- there is a -- there are requirements and we would hope that one of the reasons you found it is because some of those requirements that the city asks for, any kind of changes to that, certainly that would be our concern and I guess, Pete, do you -- I believe that that access was closed, because it wasn't going to serve any need. Is there any reason to continue to show that as a possibility? Friedman: Madam Mayor, Members of the Council, again, I would want to consult with our emergency service providers. We do designate it as emergency access only and, you know, we could have a sign up that, you know, this is not a street that will be extended or something like that. You know, Iwould -- I would want to defer to either the fire chief and the police chief or the two gentlemen that are here tonight. De Weerd: The guy that we blocked off from seeing the plat? Friedman: Yeah. De St. Germain: It's hard to see from here. De Weerd: Perry, would you have any comment at this -- at this point? Palmer: Madam Mayor, Members of the Council, I would not be opposed to looking at that as being something that we could not require. There appears to be adequate access completely around the facility as it stands right now. The issue would probably come in to any future developments that may occur in the lower right-hand corner in the future. De Weerd: Yes. And, I don't know, it looks like a corner that a fire engine wouldn't even be able to make, so it does look like it doesn't make a whole lot of sense. Palmer: It's not the most practical use for us given the other options. De Weerd: Okay. So, at this point there I think needs to be some staff comments and certainly a response by the applicant, but it is not contemplated at all in this DA request, so certainly that's not in front of us today, but there might be some work that staff can do to -- to see that the possibility is eliminated. Forney: Thank you, Madam Mayor and Council. Meridian City Council August 23, 2011 Page 25 of 77 De Weerd: Thank you. Okay. Matt Nelingsfer. Okay. Thank you. Signed up in favor. Mandy Clark signed up against. Okay. Thank you. Adam Clark signed up against. Good evening. Clark: Good evening. De Weerd: If you will, please, state your name and address. Clark: My name is Adam Clark from the Bear Creek Subdivision. I had a couple questions, Madam Mayor, Members of the Board, just points of clarification. If this is not approved tonight does Walmart have a development plan that currently is approved that they could start building on? De Weerd: I would -- yes. Friedman: Madam Mayor, Members of the Council, the revised concept plan that you have before you is, in effect, the current approved plan for the property, so if they chose to develop this site in this configuration, then, they can proceed with just the -- essentiallythe zoning certificate from the building permit. Clark: Okay. So, any objections that we have today, they wouldn't have to necessarily take into effect, they could just throw away this previous zoning plan and start building on this? Friedman: That's correct. Clark: Okay. My concern is that the drive-thru pharmacy included in this zoning plan are just development plans, but the zoning hasn't been approved yet; is that correct? Friedman: Madam Mayor, Members of the Council, Mr. Clark, on this plan they really didn't get down to identifying the specific users and so forth, so if somebody were to come in with this plan and they wanted to put adrive-thru pharmacy in, or a drive-thru bank or something, then, they would most likely have to apply for a Conditional Use Permit, which would just be for that drive-thru facility. Clark: And if they applied for the Conditional Use Permit and it was denied, would they have to have another development plan approved by the City Council? Friedman: Again, no, they -- if they applied for adrive-thru facility and that was denied, then, they would have to make a decision on whether -- how important that drive-thru facility was to them. Clark: Okay. So, there doesn't have to be a revision to the plan to remove the drive- thru? Meridian City Council August 23, 2011 Page 26 of 77 Friedman: Right -- yeah. Right now the drive-thru that is proposed for the Walmart is going to be the subject of its own separate hearing. If for some reason the concept plan that they have proposed is not approved and it goes back to the current approved plan, then, we would be processing a Conditional Use Permit for adrive-thru somewhere on there. Clark: My biggest concern is the fact that as -- as was originally mentioned, trying to make it easier to get the goods and the food and the things that we need is much appreciated, but to limit the impact on the community as much as possible and though this is not the forum for that discussion, that forum is on September 1st? De Weerd: That is the date of the public hearing. Clark: I would like to ask the Members of the Council and Madam Mayor to keep in mind -- to try to reduce the impact that is going to be had in the community and its -- the only impact that can be reduced is a drive-thru pharmacy, then, I appreciate that reduction. De Weerd: And that -- that decision will be made by a separate body. So, I appreciate your comments and procedurally after tonight if you still have further questions I would invite you to call our planning staff and they can help address those up to the public hearing at the Planning and Zoning Commission. Clark: As the plan so far -- or the development plan so far as stated, I like it a lot better than the last one -- than the one that was previously provided. De Weerd: Okay. Clark: Thank you very much. De Weerd: Thank you. Ashley Clark signed up against. Okay. Frank Balkovetz or -- thank you. And I apologize if I mess up any of your names. With a last name like de Weerd I have had it happen to mine, too. Not an excuse, but -- so, if you will, please, state your name and address. Balkovetz: My name is Frank Balkovetz. I reside at 560 West Davenport Street. Madam Mayor, Council Members, thank you for hearing my concerns. De Weerd: Thank you. Balkovetz: I'll get back to my address here, because my house -- Nary: We need you on the microphone, sir. De Weerd: Yes. If you want to just point out --just don't talk. Meridian City Council August 23, 2011 Page 27 of 77 Balkovetz: It is the southeast property right there. Currently there is a four foot vinyl fence. I think there is some confusion on whether it's a six foot or a four foot fence. It is -- it's actually 56 inches, which is about four and a half feet. Four and a half feet, what is that, about right there? Four and a half feet -- sir, could you come up here for a minute. Can you stand right here for everybody? Over there. Right here for me. That's four feet. Okay. Nary: You still have to be on the microphone. Zaremba: On the microphone, please. Balkovetz: I'm my four year old son right here and this is -- this is a man standing across from a four foot fence. Thank you, sir. I appreciate it. De Weerd: That was very accommodating. Hoaglun: He makes a good visual aid. Balkovetz: I just wanted to demonstrate to everybody here what a four foot fence looks like from somebody standing on it. Staff has recommended that we just put a -- I believe it's just landscaping back there. Originally back in 2007 there was a lot of concern about the fence back there. We originally came in here, gave a big presentation, asked that we put a six foot block fence for a barrier there for safety reasons, which I'm not sure why we have regressed, now we are back to a six foot fence and now we are no fence at all. But I would just like Council, Madam Mayor, to -- to consider what I just showed you right there with a man standing across from a four and a half foot fence and your son or daughter is on the other side. I'm not opposed to Walmart. You know, I shop at Walmart. I'm sure we all shop at Walmart. However, has anybody ever been in a Walmart at 9:00 o'clock at night? It's chaos. It's crazy. The place is crazy. You know what, I wish I was Sam Walton. I wish I would have came up with his business plan, but I didn't. I own the house sitting across from Walmart that has a four and a half foot fence. And that's all I really have to say. The other thing, too, is I also sit on the board of Bear Creek. I haven't done all my research on this, so I don't want to speak out of place here, but it's my understanding that the fence back there, that is actually -- the ownership lies with the Bear Creek association, not with the individual homeowners. It's a boundary fence. Anyway, I think we can -- I think we can work with Walmart and get something figured out there. De Weerd: Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Yeah. I'm glad to ask you a few questions if you don't mind, because you are an owner backed up against that and on the board, because in going through the e- Meridian City Council August 23, 2011 Page 26 of 77 mails they talked about not all the homeowners are on board with the type of fencing or how tall of fencing, but I want to be certain I read it correctly. As an association, though, you are looking at going with an eight -- was it an eight foot cinder block style type fence, colored block fence? Balkovetz: Ultimately that's what we would like, but, you know, I'm not one to force all the expense on Walmart, either. I realize that's ahuge -- a huge expense that they would have to incur. I would love that. That would be great. A six foot fence, I think that's doable with some landscaping. You know, the vinyl fence -- I'm not a big fan of the vinyl fence that's just because it's just -- it's not areal -- it's not a real good barrier. You know, it just -- it doesn't provide a lot of noise break and, you know, it's a safety issue, so -- Hoaglun: Madam Mayor. Frank, has there been discussion between the homeowners association and Walmart about the fence that -- as much as you know? Balkovetz: Yeah. And that's -- and that's why I'm kind of confused, because, you know, I read this and Council -- or -- and staff was recommending something, but Walmart's wanting to -- you know, what do you want, what do you guys want? I mean I know they want to be a good neighbor, I know they do. They really do. And I know these people want to provide the best thing that they can to get this thing done, but I think there is -- there is a lot of confusion. I mean I think some of the facts are skewed on exactly -- you know, why is it a six foot fence. Did anybody ever go out and measure the fence? Has anybody ever looked at it? You know, have you looked at the fence there, sir? De Weerd: I'm sorry, you need to address -- Balkovetz: I apologize. De Weerd: -- your questions to me. Balkovetz: I apologize. De Weerd: I know he was your prop earlier, but he will answer questions when he has an opportunity at the end of testimony. Balkovetz: Okay. Okay. De Weerd: But thank you. I guess I would ask staff -- what were the conditions when this first came through? I'm sure there is usually fencing discussions. What was the requirement at that time? Friedman: Madam Mayor, Members of the Council, in the original Queensland Acres development agreement or project it started out there was a proposal for the eight foot masonry wall. When the previous owner came back for his development agreement Meridian City Council August 23, 2011 Page 29 of 77 modification in 2009 that agreement was amended to include an eight foot vinyl fence along the interface -- intertace of Bear Creek. We have gone out and looked at it and if you go behind Lowe's you do have the taller fence or the landscaping and in our opinion that effects apretty -- pretty decent separation and buffer between those residents and the back of Lowe's. Our concern was not knowing that the association actually owned the fence, our concern was that we have a number of private owners in there that somebody might have an eight foot fence, butted up against their four to six foot fence and that you would have this kind of strange configuration of two fences. We were concerned about the possibility for trash and weeds and things to grow between the two. We weren't sure what the individual property owners would want. We had encouraged the applicant to talk with those folks, but, again, as we found out yesterday from this gentleman's correspondence that the association actually owns that fence and so we thought, well, rather than have this sort of hodge podge of fences, low fences, high fences, no fences, it would make more sense to leave the existing fences in place and get some very thick, tall vegetation between the existing fence in that landscape area, so we could come close to what we have behind Lowe's. Now, knowing that it's really the association who can speak as one entity, I think that presents more of an opportunity for the two parties to come to maybe some meeting of the minds on this. De Weerd: Well, I'm surprised that a subdivision fence is four feet. Wafters: Absolutely, Madam Mayor, I did become aware of it today as I was reading back through past minutes from previous hearings that it was only a little over four feet. We had been out to the site, but we didn't actually put a tape on it, so my apologies for the inaccuracy in the report. There are 14 different homeowners along that boundary, but -- so, that is why we brought it out as an outstanding issue for the hearing tonight, so that folks could maybe state, you know, what they would like to see there. De Weerd: Okay. Waters: The applicant has agreed to construct an eight foot tall fence. If -- you know, if the HOA would agree to replace that existing fence, you know, that would seem like that might be the best option, but that is Council's decision. De Weerd: Okay. Thank you, Frank, for your testimony. Balkovetz: And just one more thing just to be consistent with the rest of the Walmart's in Meridian, that they are all block. They are all cinder block. Thank you. De Weerd: Thank you. Raphael Osoreo signed up against. Okay. Thank you. Or actually, neutral. Thank you for being here. And if I messed up your name I apologize. It wouldn't be the first time I'm sure. Sarah Schmidt signed up neutral. Hoaglun: Madam Mayor, just as Sarah is coming up, just for disclosure purposes, Sarah called me when this --the news first hit that Walmart was looking at this property or going to be applying for property and she asked me process questions about how Meridian City Council August 23, 2011 Page 30 of 77 does this go forward and different things. I talked to her about the process and, then, referred her to Pete, so just for disclosure we discussed it, but no details about the site, nothing about the application, just how does an application move forward and, then, referred her to planning staff, so -- De Weerd: Thank you. Welcome. If you will, please, state your name and address for the record. Schmidt: Thank you, Madam Mayor and Members of the Council. My name is Sarah Schmidt. I live at 649 West Christopher. My husband and I bought the home about five and a half years ago and the reason we did is it was just so beautiful and stunning to drive down Stoddard and into our -- our homeowners association and, quite frankly, because of the wonderful city park that we had at Bear Creek and how well kept it is and how well utilized it is for family activities and sporting events and to us the esthetics of that was the selling point and as we have researched this issue as the councilman mentioned, I want to thank your staff at P&Z for the help that they have been on the background and how the process works and I will also mention that the -- the folks involved with the applicant have been just as helpful in sharing lots of detailed information and wanting to work with us. With that said, I just want to focus in on -- on one issue and it's the one you were just talking about and it reminds me of the saying we have all heard out west and that is that good fences make good neighbors and we would respectfully request that you do add a requirement to the modified development agreement requiring an eight foot fence. We are not one of the homeowners along the southern boundary, so we are not personally affected and I do respect their opinion and defer to your judgment on that. But we drive up and down Stoddard every time we come into the association and into our home and if you -- if you have looked across the street at the storage units that are there, it's actual very similar, that the way that was approved and built -- if you look at the beautiful back of the storage units you don't see the open part of the storage unit with boat covers on or off or RVs or whatever else is in there, you see the beautiful back of the storage units and that's why from our perspective the fence would really add value on that western boundary along Stoddard, because it is an eight foot fence, our rationale there -- and we are not engineers -- but our rationale is most people and most vehicles driving by aren't going to see over the eight foot fence, but when you look at the height of the trucks, when you drive by the back of Walmart stores in the area, even though they are very well kept, you know, it's typical to have pallets stacked up outside of those screened areas and to have the trash bins and those types of things and we just think it would be one small step that would make a big difference and be the start of a great relationship between the applicant and our neighborhood. So, with that thank you very much. De Weerd: Thank you. Laura Webb signed up as neutral. Good evening. Webb: My name is Laura Webb. I live at 646 West Christopher in Bear Creek Subdivision. De Weerd: Thank you. Meridian City Council August 23, 2011 Page 31 of 77 Webb: And, you know, I would say what could we do to make this better and I really do believe they are trying. I think with the enhanced landscaping along the south side, that sounds like a beautiful idea. I would like to see that enhanced landscaping on the Stoddard side as well. As Sarah said, the storage unit is a nice facade. Bare landscaping is not very attractive. I would like to see a well respected landscape architect do a nice design plan for that, so when you turn onto there you're -- onto Stoddard you're not seeing a Walmart, you're not seeing the back of it. And I believe we have submitted some pictures of the Walmarts in other areas of the valley, along with their landscaping and I was really quite surprised to see how well they do maintain their stores. They are very clean, they are very organized, but they still are very industrial and to see that when we turn onto Stoddard would not be pleasing, especially if you were going to buy a new home and you turn onto the street and you thought, well, you know, it's just a big industrial area, it looks like you're not going into a neighborhood. We have got a beautiful church going in, we are going to have a school going in and I would really like to see the enhanced landscaping. I do believe that a fence would be nice. I know there was some concern about people loitering behind there and a fence might screen that. But I think with a 24 hour store there is lots of eyes at all times looking and there are cameras there. I don't think that the loitering would be as big a problem as I think it would be, but it also -- with regards to access, if there was a fence there, if somebody was -- if there was some kids doing things they weren't supposed to back there, if they had to run the whole length of that to get away from somebody they couldn't disperse just through the trees and run in any direction. So, I -- I would like to see the fence and I would like to see beautiful landscaping done by a good landscape architect and not just simply lined up like we see here. De Weerd: Okay. Webb: And that's all I have. And I do believe that we sent you some pictures of some of the existing Walmarts and some subdivisions with beautiful landscaping that's not too wide, but that's done really well and very esthetically pleasing. De Weerd: Yes. We did receive that and thank you. Webb: Thank you so much. De Weerd: Thank you. Okay. Those were the names that signed up. Is there anyone else who would like to provide testimony? Okay. And I will say, Sarah, you made our parks guy over here smile when you talked about the condition of the parks. Mike Barton. He was very -- had a proud moment, so I couldn't let that go by. Would the applicant like to -- Rountree: Madam Mayor? De Weerd: Yes. Meridian City Council August 23, 2011 Page 32 of 77 Rountree: I see Gary in the audience from ACHD. I have a question for you, Gary, if you don't mind. Good evening. Inselman: Good evening. De Weerd: Hi, Gary. If you will, please, state your name and address. Inselman: Madam Mayor, Council, Gary Inselman, development service manager for the Ada County Highway District, 3775 North Adams. De Weerd: Thank you. Rountree: Do you recall or have any information on the history of the emergency access? Was that for the subdivision or was that for the commercial development? Inselman: Madam Mayor, Councilman Rountree, I was trying to recall that myself when you were asking the fire chief awhile back and that would be my concern, that it was possibly necessary for the subdivision. I would want to look at the street layout and review that before commenting on whether or not that stub could be closed completely. Rountree: And it may have been there because the subdivision was not completely built out at that time as well. I don't know. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council -- and it's just my -- my memory, so it certainly could be faulty, but if you recall that part of this discussion was trying to create access. We were potentially having one long -- one or two long buildings through the back and access for the neighborhood. They likened it at the time to the Target that's up at Chinden and Eagle and they have neighborhood access point there, so I think it was potentially the possibility of emergency access, because we have the possibility of one really long building with no other access points from the rear, but also potential neighborhood access for the future and I think you're correct, Council Member Rountree, that portion of the subdivision may not have been developed at that time back in '07 I think when we were having this discussion, but I think those are the two things that I recall talking about back in that time period. De Weerd: I think those houses were there. That was -- that was more in -- during the time when Bear Creek came through, it was connecting residential with -- with the commercial and -- so that people didn't always have to go out onto the arterial to get to where they wanted to go interior to the square mile. When they closed that off if was determined that a pedestrian access would be nice, but it wasn't necessarily essential for vehicle access and, again, I have to count on my memory, which sometimes fails me, but I believe that was part of the discussion. Meridian City Council August 23, 2011 Page 33 of 77 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would have to agree with your -- De Weerd: You want to pull that -- Bird: Oh. I would have to agree with your memory. I believe that that was the reason that was put in there. It was just like Mayor said, that -- that that was the original discussion on it, if I remember right. Rountree: Well, thank you. Good to see you. Inselman: Thank you. De Weerd: Thanks for answering that, Gary. Okay. If there -- again, if there is no further testimony, Council, any further questions before the applicant closes? Okay. Rountree: I have none. Butler: Joann Butler again and Nick Taylor. We will do a little tag team here. Something that I just wanted to bring to Council's attention just because -- since we are talking about Alaska and it being closed off, somebody made me aware or told me that the -- however the bollards are placed out there, that people are still able to squeeze through. Okay? And so -- and I just said that I would bring that to somebody's attention, because maybe they need to be placed differently to prevent that. I wasn't sure if this -- but to make it clear, although on this site plan, which we have up on the board just to show you the landscaping or a little bit, it does show the drive-thru pharmacy. I wasn't sure if somebody from the audience was concerned that by virtue of having that described on that site plan did it mean it was being approved tonight? It is not and we understand that and it will go through its separate public hearing. We did work hard with the neighbors, whether it was neighborhood meetings, phone, a-mail, to try to get a decision about a consensus before we got to Council, but it looks like it's going to be up to Council. On those two fence -- it's the fence along Stoddard and it's the fence along the rear. Along Stoddard -- and we have heard -- you have heard folks who have said that they would like to see an eight foot fence all the way along. I just -- I can just say that with a ten foot screening, which Nick has estimated probably accounts for about 40 percent of the linear length of -- of Stoddard from -- you would have that ten feet screening at various places, you have the multi-use path, you would have the berming and the landscaping, we think it would be more attractive. If the Council decides otherwise, Council decides otherwise. With regard to the fence along the rear, I have had discussions and I've had a conversation with the homeowners association president this week in which he -- he told me that they had had their meeting and that they had decided that they owned that perimeter fence. Your condition back in 2009 I Meridian City Council August 23, 2011 Page 34 of 77 guess said that there would be a -- replace the eight foot fence with the permission of the neighbors, because you recognize -- and I told this to -- I said this to the homeowners association president, that even if the association owns the fence per se, it is sitting on 14 different property owners' property and we have a -- we have a concern about that. One, we don't know that we -- we certainly haven't been able to get a consensus, we don't know that we would be able to get permission to go onto anybody's property to put the fence and -- or everybody. We are concerned about liability, about going onto somebody else's property to do that. Typically when somebody has a condition that they have to meet they have to -- you have to meet it on their own property. We discussed that with staff a little bit, that would mean putting up an eight foot vinyl fence on our property. It would be abutting up against an existing fence. It didn't seem to be an attractive solution and the landscaping ordinance and the additional landscape did seem to be a better solution and more esthetically pleasing. We can certainly put an eight foot fence -- vinyl fence on our property. Again, it doesn't seem -- I was told by one of the neighbors that when there has been double fences like that in this area what it's invited is people putting their grass clipping between the two fences and so we don't want to really see that kind of a situation either. So, that's -- we think staff has come up with a good solution and happy to comply with that condition of approval, but if you do want us to put an eight foot fence on our property, I mean we can do that. I think those -- did you have anything else? Okay. And so unless the Council has other questions -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Joann, is a concrete fence -- block fence out? Butler: You know -- Bird: I know -- I know you bought it with the 209 -- Butler: -- right. With that -- you know, when it came in -- Bird: -- modification, so -- but originally we did have aconcrete -- Butler: And partly the reason for -- and the reason for the block fence originally was because of the orientation of the store -- Bird: That's right. Butler: -- and the truck docks and whatnot and I think that what we have tried to do with this site plan was to make a better site plan and make it better, you know, so that noise and the truck traffic was not heard at the other side. So, our preference is to definitely not do that, to include the landscaping and the vinyl fence, if -- the vinyl fence if the Council deems it necessary. Meridian City Council August 23, 2011 Page 35 of 77 Taylor: And the primary concern that was voiced was for visual screening, not necessarily noise screening, and we find that the effects of an eight foot vinyl fence are the same as an eight foot concrete fence. Bird: Okay. Taylor: It's just a visual pleasing item. Bird: Thank you. De Weerd: Other questions from Council? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question. I think, Nick, you had mentioned on the west side, the Stoddard side, there was berming involved. Can you explain that a little further about berming and the landscaping? Taylor: Yes. Hoaglun: How high was that berming? The path -- or the sidewalk meanders it sounds like, but -- and that was a ten foot area. Can you give me some more detail on that? Taylor: Sure. Madam Mayor and Councilman Hoaglun, the proposed landscaping solution that we had will be vetted through the planning staff during the zoning compliance, but our typical -- our typical landscape bed along these -- these buffer areas, specifically on Stoddard Road and ones that are similar, include berming and we have had requests from staff that during the zoning compliance they will be looking for a significant berming. Sometimes that varies between one and three feet, it's just a natural top soil mound that's put out there and it gives alittle -- just a little more pleasing effect than just having a flat area and that is what's been requested thus far and that's something that we typically incorporate in our site designs and our landscape architect plans on doing so. Hoaglun: Okay. And, Madam Mayor, follow up with Nick on that. Then, does landscaping go on top of that or is it some on top, some lower -- how does that -- how does that get configured? Taylor: Sir, the details will be worked out during the zoning compliance, but typically the -- the trees will go at the top of those berms and, then, under there there will be a ground cover and, then, surrounding that ground cover there is typically shrubs and smaller -- smaller type plants and, of course, we will have to meet the UDC and the Meridian City Council August 23, 2011 Page 36 of 77 significant design guidelines that have been set forth and I think those do have requirements for plant types, shrubs, and trees as well. Hoaglun: Okay. All right. Thank you. De Weerd: Mr. Rountree? Rountree: Thank you, Madam Mayor. Joann, you offered some reasons why a fence might not be such a good idea for you and staff has as well, because of the dual fence. However, I think it's a good idea. And I understand, however, your concern with liability, because that's what we deal with all the time. Is it possible that your client can get a bid for replacement of that fence, submit that to the Bear Creek homeowners association, have them move forward with that construction contract and your client pay the bill? Bird: You know -- and I forgot to say, you know, because one of the neighbors said, you know, that they would continue to work with us and that's certainly our intent, too, is to continue to work with the neighbors. I -- to tell you -- I have never run into that situation with Walmart per se and know what their policies are on that. It sounds like a logical way to approach it and Ican -- we can certainly take it up with the client and continue to work with the neighbors on that. I couldn't answer your -- your question completely, but certainly the intent is to try to find a solution. Rountree: With respect to the landscaping, I would improperly assume -- I would expect that you would utilize a licensed registered landscape architect in the state of Idaho. Taylor: That's correct, sir. We have hired one and he's working on the project now Rountree: And that's going to be coordinated through the design review process? Taylor: That's correct. Rountree: Okay. Taylor: As part of this zoning compliance. Rountree: And that meets all the zoning requirements for both bordering the street, as well as the buffer in the back of the -- or the side of the store along the neighborhood, which is a 25 foot landscaped median -- buffer -- mound I assume as part of that? Taylor: Yes, sir. Rountree: Are you opposed to doing some work at the supposed emergency exit that might ultimately close that off just to provide for pedestrian access and connect it up with your pathway? Taylor: If that's the final decision that Council makes, we would not be opposed to that. Meridian City Council August 23, 2011 Page 37 of 77 Rountree: Okay. Thank you. De Weerd: Okay. Anything further? Bird: I have nothing. De Weerd: Thank you. Okay. Council, if there is nothing -- Pete, do you have any final remarks? Friedman: Madam Mayor, Council Members, no, I have no other comments, unless you have any other questions for us. De Weerd: Mr. Hoaglun? Hoaglun: Madam Mayor, I just had a question for our police department. When it comes to fences along public thoroughfares, the discussion about Stoddard and a fence along there, I know in the past we have had issues in screening and when it comes to hiding criminal activity and that sort of thing -- you haven't had the benefit of seeing this particular map, but I think it's on your -- on your computer. Did you have any comment you wanted to -- do you have a feeling one way or another about the -- about the -- the potential of a fence along Stoddard between the backside of Walmart and the road? De St. Germain: Madam Mayor and Councilman Hoaglun, the citizen that brought up the point that they can rush out of the bushes and run one way are very appropriate. So, we would prefer -- I mean if you're asking the police department that they would have a -- they have a block wall there, that would provide a safer area for the citizens in that area. Hoaglun: Thank you, Mike. De Weerd: And was that in reference to along Stoddard or -- Hoaglun: Yes. Madam Mayor, I was referencing Stoddard on that. De St. Germain: Correct. De Weerd: Okay. Anything further? Friedman: Madam Mayor, Council Members, I don't want to sound at odds with the police department. We had an initial discussion with Lieutenant Overton and he was Juke warm at least to fencing along there. That's why we have been working with the applicant to come up with a landscaping solution that, in fact, exceeds the minimum UDC requirements in order to protect that visual quality along Stoddard Road. So, I apologize, we didn't really coordinate on that, but I know Lieutenant Overton wasn't particularly thrilled with the idea of a fence along Stoddard along the back there. Meridian City Council August 23, 2011 Page 38 of 77 Hoaglun: Madam Mayor and Pete. Yeah. It's one of those things it's almost six in one hand, half a dozen in the other on those types of things and there is -- this is where we have heard they do not want fencing. In some instances, well, you know, it may or may not be a good thing and -- and this is one of those I think may or may not be -- it's difficult when you don't have an elevation to show landscaping and that's down the road a bit to say, oh, that will adequately screen the backside of this along Stoddard, which -- which is a main entrance into -- into Bear Creek. So, it is a thoroughfare that we want to have looking nice and make it -- I think someone used the term industrial looking as you make that first turn and go to a nice -- nice neighborhood with a very beautiful park. So, that's just a matter of how we -- how that gets configured to make it -- make it look very nice. so it is a critical one. De Weerd: Well -- and I guess I would further muddy your discussion, because as we look at our design in our parks, we -- we want that flat view in that the police department can view from the arterial without having to drive into the area itself, because more unlikely they are going to be looking from the interior or from the arterial and will not be driving back behind the facility. So, that view into it is essential and the safety aspect -- and Iknow it's safety versus esthetic, so that's why you all get the big bucks and I just run your meeting. Rountree: Thank you, Mayor. De Weerd: Okay. Any other information needed by Council? I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on MDA 11-005. Zaremba: Second. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Hoaglun: Madam Mayor, just want to comment on the -- on the south fence right now, the one that's up against the neighborhoods and that one is one I would like to see worked out a little further with the homeowners association and the company, the Meridian City Council August 23, 2011 Page 39 of 77 owners of the property on the other side. It's one of those issues that I hope that all the neighbors along that area can get on board and support. I think Councilman Rountree has thrown up some things that possibly might work and as we move down that fence to the emergency access, if that's not needed anymore for emergency, to close that off completely, but allow pedestrian access and assure that that's not going to be a future use for a vehicle access, I think would be a -- would be a good thing, but I think we can do some things along that area to -- to meet some of the needs that the residents there in Bear Creek have expressed. Rountree: Madam Mayor, I will propose a motion. I move that we approve the development agreement modifications with the following addition and change. The addition would that if it's determined by staff that the emergency access can be removed, that that access be designed solely as a pedestrian access. If the access should remain, that the applicant should redesign or replace the bollards, so vehicular traffic cannot bypass. With respect to the fence, the applicant will replace the existing vinyl fence with an eight foot fence provided agreement can be reached with the homeowners association and the adjacent property owners. If that cannot be accomplished within a month, then, the recommendation by staff with respect to landscaping be pursued after that's brought back to City Council for consideration. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. And I think clear direction for staff? Friedman: Madam Mayor, yes, Members of the Council, is it your desire that we come back to you in a month with an answer on the fencing along the south boundary, as well as we will check with fire and police regarding the emergency access also? Rountree: Thank you. De Weerd: That would be great. And just a reminder, when -- when Walmart -- they weren't originally looking at the site, they were talking to the city on a different site in south Meridian, but I will say part of the discussions were they were going to be a new and updated look and it was going to be something the community would be proud of. So, that has stuck in my head and I just look forward to what this look is going to be, Meridian City Council August 23, 2011 Page 40 of 77 because it's going to add value to this neighborhood. So, with that said have a nice evening and you guys don't have to stay for the end of the meeting -- Rountree: But you can. De Weerd: But you're more than welcome to continue to -- to see us through this agenda. But thank you for all being here. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Since we have actually been going since 6:00 o'clock, I would request a five minute recess. De Weerd: Okay. I will -- Rountree: Second that. De Weerd: -- recess until ten after 9:00. (Recess: 8:58 p.m. to 9:12 p.m.) C. Continued Public Hearing: TEC 11-003 Messina Meadows Subdivision by Brighton Corporation Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat De Weerd: Okay. I will call this meeting back to order. We are at 8-C, which is a continued public hearing on TEC 11-003. I will ask for staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The application before you is a request for a two year time extension on a preliminary plat for Messina Meadows Subdivision in order to obtain the city engineer's signature on the phase three final plat. The remaining acreage to be platted is approximately 35.09 acres. The property is currently zoned R-8 and is located north of East Amity Road, midway between South Locust Grove Road and South Eagle Road. This is the third time extension requested for the subject preliminary plat. The applicant has been unable to commence the phase three due to the current housing market. As a condition of granting a time extension, the city may require compliance with the current provisions of the Unified Development Code. Staff has reviewed the pertinent files related to the Messina Meadows project and offers the following assessment of the project: The preliminary plat meets the current open space and site amenity standards listed in the UDC. The planned development requires compliance with a concept plan and building elevations and the remaining property left to be platted meets all of the R-8 dimensional Meridian City Council August 23, 2011 Page 41 of 77 standards in the UDC. This is a copy of the site plan that was approved for Messina Meadows, along with building elevations. You can see here on the screen. Staff recommends approval of the time extension with no modifications to the conditions of approval approved with the Messina Meadows project. Staff has received written testimony, an a-mail from the applicant stating that he is in agreement with the staff report. No other written testimony has been received on this application. The clerk's office did receive a complaint regarding the weeds growing on the property and the applicant has been notified of the complaint and has informed staff that the weed removal is underway and will be taken care of. There are no outstanding issues for City Council. Staff will stand for any questions the Council may have. De Weerd: Thank you. Council, any questions at this time? Rountree: I have none. De Weerd: Okay. Would the applicant like to provide comment? If you will, please, state your name and address for the record. Wardle: Madam Mayor, Council Members, Mike Wardle, Brighton Corporation, 12601 West Explorer Drive in Boise. I have really nothing to add, just here to answer any questions that you might have, but if you were to go out to the property today you would find that there are a lot of finished lots and it just is not timely to add to that inventory, so we would request your agreement with the extension of the time. De Weerd: So, if we were to go out there today are the weeds down yet? Wardle: Madam Mayor, I went through there this afternoon on my way to the meeting. The weeds on the lots themselves have been pretty well taken care of during the course of the year. They were all sprayed early and so there has not been much growth. I think the concern that was expressed by the individual that did contact the clerks office relates to the undeveloped portion of the project. That property has not been maintained in full agricultural production, so it does need to be mowed and cleaned, because her property is right adjacent to this as yet undeveloped portion. So, that's the one that still has to be taken care of, but it will be. I have already got several individuals in -- above me in the responsibility chain alerted to that fact, so it will be taken care of. De Weerd: And we won't have to be contacting you next year? Wardle: If you have to contact me next year I will make certain that Mr. Turnbull is well aware of -- De Weerd: We will just send the guys with the badges. Wardle: That would be fine. De Weerd: Okay. Meridian City Council August 23, 2011 Page 42 of 77 Wardle: Thank you. De Weerd: Council, any questions for Mr. Wardle? Rountree: I don't have any. Bird: I have none. Wardle: Thank you. De Weerd: Thank you. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Please. Good evening. If you will, please, state your name and address for the record. Stark: Yeah. My name is Steven Stark and I live at 2630 East Amity Road with my wife Kathy and we are property owners and we are on the south side of the development. You can see our little rectangle property where -- the property is on three sides of us. And we do not oppose the extension. You know, I'm for the extension, but I would ask that the property be maintained, you know, per code and in a safe manner. I have some photos of the property right now and presently the weeds are high next door to us and a fire hazard and also we can't irrigate our property properly, because there is hundreds of feet of irrigation ditch there and normally -- I have a right to go on the property and clean it myself, but it's like hundreds of feet and it's -- I can't burn it, because it would -- the whole place would go up. So, I would ask that, you know, the property be maintained, so that we can irrigate and also the weeds be mowed and also what I'd like to do is ask that the house be either blocked off or maintained in a way that wouldn't be an eye sore, because right now the windows are broken out, the doors are open, there are people there. We have called the police a couple times, you know, it's just not an appropriate way to leave it for the next two years, so -- and -- does anyone want to see any photos? De Weerd: If you could give it to our clerk and maybe you can pull out the overhead. Stark: So, also, I guess in the past when Westpark had the development we had a contact person, like if we saw something over there or we had something going on then -- I did get a call for the -- before the meeting from Brighton Corp, but, you know, we don't have a contact name for somebody. Like right now the fence is falling down on the front of the property and it's just laying fallen down, so there is no one to contact about the ditch, about the fence line down. De Weerd: I bet Mr. Wardle will give you his name and number before the end of this application. Stark: Okay. Well, that's all I have to say. Thank you. Meridian City Council August 23, 2011 Page 43 of 77 Rountree: Thank you. De Weerd: Thank you. Holman: Madam Mayor, I'm going to have to pass them down, because this -- for whatever reason the system is not reading this dot cam over here. De Weerd: Can we use this one up here? I'm sorry. If we are going to look at it, I want to make sure the public has a look as well. Is there other testimony as we try to load that up? Okay. Holman: Madam Mayor, it's not reading anything other than the staff computer at this point. It can't see either dot cam. De Weerd: Well, I guess we can just suffice to say I think everyone is in agreement that there are weeds out there and they need to be taken care of and -- okay. So, there is no further public testimony. Mr. Wardle, do you want to provide any comment? And I hope you haven't made -- you won't make a liar out of me. Wardle: Madam Mayor, no additional comment, other than to state that I will not make a liar out of you -- De Weerd: Thank you. Wardle: -- and I will give this gentleman my card and we will address the issues that he has raised. Brighton is just a recent involvement in this particular project, we have not been the developer, but we intend to be involved in it in the future and that's why we are here. De Weerd: Well -- and I appreciate you clarifying it, because that is certainly not the experience that the city has had with Brighton Corporation and -- and maybe the neighbors can -- can gain some confidence with that. Wardle: Thank you. De Weerd: Mr. Rountree. Rountree: Mike, before you go -- and I appreciate your willingness to do it. We have three issues. Weeds not being maintained, irrigation supply not being maintained, and it looks like we have a rather attractive nuisance out there that's going to end up with a fire if we are not -- Wardle: Yes. I have got all three of those. Rountree: So, are you going to take care of all three of them? Meridian City Council August 23, 2011 Page 44 of 77 Wardle: Yes. Rountree: Thank you. Wardle: Thank you. De Weerd: Okay. Anything further from Council? Do I have a motion? Zaremba: Madam Mayor, I would just comment that if there is an abandoned building out there, the fire department sometimes likes making an exercise out of them. If you have intention to remove the building, you might offer the fire department some training. De Weerd: After the weeds are down. Bird: After the weeds are down, yeah. Zaremba: After the weeds are gone. De Weerd: Okay. Do I have a motion to close the public hearing? Rountree: So moved. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close TEC 11-003. Rountree: Second. De Weerd: I have a motion and a second to close Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 11-003 for the two year time extension and request that Brighton Corporation take care of the problems they got out there and I know they will. Rountree: Second. Meridian City Council August 23, 2011 Page 45 of 77 De Weerd: I have a motion and a second to approve item C with a vote of confidence. 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. D. Public Hearing: VAR 11-002 Regency at River Valley by The Regency at River Valley, LLC Located at 2500 N. Eagle Road Request: Variance to Unified Development Code (UDC) 11-3H- 46 to Allow a Temporary Right-in/Right-out Access for the Site via N. Eagle Road De Weerd: Item No. 8-D is VAR 11-002. I will open this public hearing and ask for staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a variance request to the Unified Development Code, Section 11-3H-46, to allow a temporary right-in, right-out access for the site via North Eagle Road. The site consists of 13.56 acres, is currently zoned R-40 and C-C and is located at 2500 North Eagle Road, midway between Fairview and Ustick. The Unified Development Code requires access to be acquired from a street other than the state highway, in this case State Highway 55, Eagle Road, if an applicant proposes a change or increase in intensive use on the property. The property was previously zoned RUT in Ada County and was a residential property. The subsequent annexation, a high density residential development was approved on the eastern portion of the site. A future commercial use is planned for the western portion of the site, thus constituting a change in use and increase in the intensity of the use on the property. This is a copy of the site plan showing the proposed temporary access. The applicant proposes the temporary right- in, right-out access for the site via North Eagle Road until such time as East River Valley Road is extended along the southern boundary of the site. There you can see right here. Due to the existing alignment of River Valley on the west side of Eagle Road, the right of way for the extension of River Valley on the east side of Eagle lies entirely on the property to the south, the Meridian Town Center, also known as the Center Cal site. Until such time as River Valley is extended access is not available to this site unless a subject variance is granted. Granting the variance will allow the applicant to move forward with occupancy after construction of the apartments if necessary, while waiting for the extension of River Valley to be completed. Once River Valley is constructed the access from Eagle Road will be removed and access to the multi-family development will be provided via two access points to and from River Valley. Emergency access only will be provided via Allys Avenue at the east boundary of the site. Future access to the commercial portion of the site will be provided through cross-access easements with adjacent properties to the south by a driveway to the future extension of River Valley. The Idaho Transportation Department submitted a Meridian City Council August 23, 2011 Page 46 of 77 response to this application stating that they have no comment, other than that a permit will be required for work to be done within the state right of way. ITD approval will take place when a permit is applied for. The applicant -- applicant's representative did submit a response in general agreement with the staff report. No other written testimony was submitted on this application. Staff is recommending approval of the proposed variance per the findings in Exhibit B of the staff report. Staff will stand for any questions Council may have. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here? And would you like to provide comment? If you will, please, state your name and address. Rindlisbacher: Yes. Madam Mayor, Members of the Council, my name is Randy Rindlisbacher, with the Regency At River Valley, LLC. My address is 11650 South State Street in Draper, Utah. De Weerd: Thank you. Rindlisbacher: The purpose of this request is like she had stated, River Valley Road, that right of way, is not on our property, so we have no control over when that road will be built. We have had communications with Center Cal, we are very optimistic that it will be moving forward very soon, but as a precaution we are requesting this temporary access, so that when we proceed with construction we haven't spent millions of dollars and have absolutely no access. We anticipate that we will never construct the temporary access. We are hopeful that River Valley Road will be built before we need occupancy, but, again, we have no control over that, so we feel that we need to have some kind of guarantee of some type of access, that will be abandoned as soon as River Valley Road is constructed. De Weerd: Council, any questions? Bird: I have none, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: It's probably for staff, but the write up indicates that Allys Way would be for emergency access and I can understand that with the -- basically a stub street there and nothing to the north. But at some point in time that road will go all the way to Ustick and so does this statement here preclude that or should it be qualified that it's emergency access until such time as Allys Way is completed? Meridian City Council August 23, 2011 Page 47 of 77 Wafters: Madam Mayor, Councilman Rountree, Councilmen, there are no conditions of approval with the subject variance. Rountree: Okay. Wafters: Allys is proposed only as an emergency access, but you're right, at some point it will be extended to the north. However, I don't know if it was ever contemplated necessarily for an access other than emergency to the property. Rindlisbacher: If I could comment on that. The emergency access onto Allys was planned to be permanent. Again, it is only emergency access and the fire department wanted some type of access for emergency other than -- permanently the only access to the site will be River Valley Road once River Valley is constructed, so they wanted an emergency access onto Allys. So, the Allys access is permanent as an emergency only. The Eagle Road access is temporary that we are requesting. Rountree: Okay. Thank you Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: My recollection on the emergency access to Allys, the northern property line of this is a canal or some other feature and the distance from River Valley to that canal wouldn't meet ACHD's requirement for how far that driveway can be from the intersection and although the emergency services wanted to have some access there, the reason it's not ever going to be public access is that it's too close to the intersection and it can't be moved. Rindlisbacher: Yeah. That's why it would be emergency access only. Zaremba: Yeah. De Weerd: Thank you for the clarification. Anything further from Council? Thank you. Rindlisbacher: Thank you. De Weerd: Is there any further testimony on this item? Okay. Council, seeing no further testimony, if there is no questions for staff or applicant, I would entertain a motion to close. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on VAR 11-002. Meridian City Council August 23, 2011 Page 46 of 77 Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of VAR 11-002 to allow a temporary right-in, right-out access for the site via North Eagle Road. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-D. 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 carried. MOTION CARRIED: ALL AYES. E. Public Hearing: Proposed Fall 2011 Fee Schedule of the Meridian Parks & Recreation Department De Weerd: Item 8-E is our public hearing for the proposed fall 2011 fee schedule for the Meridian Parks and Recreation Department and will ask Allison to present this item. Kaptein: Good evening, Madam Mayor, Members of the Council. I am once again before you with our fee schedule for fall classes and activities. Normally I put this up on the overhead projector, but I guess that's not in the works for this evening. You should have a copy of the updated fee schedule that you received in your packets. The new fees are delineated in yellow -- new fees and any changes that we have to current classes and if you want to take a moment to look it over I will, then, stand for any questions if you have any. De Weerd: Okay. And that is in the Council's packet, as well as it was available on the online packet, too. Council, any questions at this point? Rountree: I have none De Weerd: Okay. Meridian City Council August 23, 2011 Page 49 of 77 Bird: Madam Mayor, I don't have any questions. De Weerd: Thank you. I will ask for any public comment and, then, bring you back up in case there is any further questions. Kaptein: Thank you. De Weerd: Is there anyone in the public who would like to provide testimony on this item? It's always such a draw for public comment. Council, any questions or comments? Rountree: I have none. Bird: None. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we close the public hearing. Bird: Second. De Weerd: I have motion and a second to close the public hearing on Item 8-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Resolution No. 11-800: A Resolution Adopting the Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date De Weerd: Our next item is Item 8-F. It's Resolution No. 11-800. It is a resolution on what we just entertained in public hearing. Council, any questions on this item? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve resolution 11-800. Hoaglun: Second. Meridian City Council August 23, 2011 Page 50 of 77 De Weerd: I have a motion and a second to approve Item 8-F. If there is no discussion from Council, Madam Clerk, roll call Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Public Hearing: ZOA 11-003 UDC Text Amendment -Wine and Beer Shops by Meridian Planning Department Request: Amend the Text of Certain Sections of the Unified Development Code (UDC) to Allow for Retail Wine and Beer Shops to Offer Servings of Such for Purchase by the Bottle or Glass De Weerd: Item 8-G is a public hearing on ZOA 11-003. It's a UDC text amendment. Mr. Nary or Pete, who is taking this? Oh, Sonya. Wafters: Thank you, Madam Mayor, Members of the Council. The next application before you is an amendment to the text of certain sections of the Unified Development Code to allow for retail wine and beer shops to offer servings of such for purchase by the bottle or glass. The Planning Department is proposing changes to the UDC to add a new use category that is different from a restaurant use in that food isn't served and beer and wine is offered for sale and is less intense than a drinking establishment and offers beer and wine sales. The use includes, but is not limited to wine shops and brewing supply stores and does not include drinking establishments, restaurants, or stores that sell wine and beer, but do not offer servings. The new use is proposed to be a permitted use in the C-N, C-C, C-G, OT, and T-NC districts and an accessory use in the H-E district. Specific use standards are proposed to regulate the proposed use that require the applicant to maintain a current wine and beer sales permit for on-premise consumption, which includes retail sales and it prohibits liquor sales. The applicant is required to comply with all state, county, and local laws regarding serving alcohol. Wine and beer servings are limited to the hours between 11:00 a.m. and 10:00 p.m. Store hours of operation are not limited unless otherwise restricted by the UDC per the zone. The Commission did recommend approval of the subject application at their July 21st public hearing. Planning Department testified in favor of the application. No one commented or opposed the application. Written testimony was received from Eileen Dudenocki and Christina Burneski. Key issues of discussion by the Commission was to clarify the criteria for determination of the proposed new use versus a drinking establishment or restaurant. Commission did change staff recommendation to extend the hours in which beer and wine may be served, to extend it 9:00 to 10:00 p.m. There has been no written testimony since the Commission hearing and there are no outstanding issues for Council. Staff will stand for questions Council may have. De Weerd: Thank you. Council, any questions on this item? Meridian City Council August 23, 2011 Page 51 of 77 Rountree: I have none. De Weerd: Okay. Is there any member of the public who would like to provide testimony on this item? I guess I would just like to provide feedback to staff. I know the two that have provided written testimony are very complimentary of how staff has worked with them on this issue, has kept them informed of the process, and I would like to extend my appreciation. Watters: Thank you. De Weerd: Council, if there is no questions for staff on this, I would entertain a motion to close. Rountree: So moved. Bird: Second. De Weerd: I have a motion and a second to close the item for public hearing on Item 8- G. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the text amendment with the staff's recommended modification from serving from a 9:00 p.m. close to a 10:00 p.m. close. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to approve Item 8-G. Seeing no discussion, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. H. Public Hearing: ZOA 11-004 UDC Text Amendment -Water Conserving Landscapes by Meridian Planning Department Request: Amend the Text of Certain Sections of the Unified Development Code (UDC) to Encourage the Use of Water- Conserving Landscape Designs Meridian Cily Council August 23, 2011 Page 52 of 77 De Weerd: Item 8-H is a public hearing on ZOA 11-004, another UDC amendment -- text amendment. And I will turn this over to Pete. Friedman: Thank you, Madam Mayor, Members of the Council. Currently the landscaping section of the UDC has a sentence in there that says that the use of xeriscapic landscaping is encouraged and that's all it says and so based upon our Comprehensive Plan's goal to promote sustainability and reduce reliance on city water for irrigation as part of some further discussions we had last year in our department action plan. We set about to amend the landscaping ordinance to, again, promote rather than require a water conserving landscaping. So, a little over a year ago we convened a steering committee of three landscape architects and kind of plowed through back and forth a kind of iterative process on what we wanted to see and what we came up with was an option in the code that would allow the director to approve new landscaping plans that have water conserving elements in them to avoid having to achieve the 70 percent coverage, because as we all agreed probably the easiest thing to do to meet our code is throw in a bunch of turf, throw in a couple of trees and just water the dickens out of it. We kind of concluded that the approach we were taking is to encourage folks -- and it's going to really be somebody that's, A, interested in doing the right thing and, B, is interested in conserving water, particularly if they have to use city water to irrigate. So, we have come up with some criteria in the code that addresses that landscaping plan. We have a list of water conserving tree species. We directed our landscape design professionals to the Boise city parks department list of approved plantings for the Treasure Valley and our climate and we also in this amendment started addresses the use or our reuse water for irrigation when it's available. So, the P&Z had their hearing on this. No testimony was submit by anyone other than staff. There were no outstanding issues and they are recommending approval. De Weerd: Thank you, Pete. Any questions for staff at this time, Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Is there any public testimony on this item? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close Item 8-H. Bird: Second. Zaremba: Second. Meridian Cily Council August 23, 2011 Page 53 of 77 De Weerd: I have a motion and a second to close the public hearing on Item 8-H. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ZOA 11-004 with staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-H. Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. I. Public Hearing: ZOA 11-005 UDC Text Amendment -Dispatch Centers by Meridian Planning Department Request: Amend the Text of Certain Sections of the Unified Development Code (UDC) to Allow for Dispatch Centers for Mobile Services De Weerd: Item 8-I is a public hearing on ZOA 11-005, UDC text amendment. Sonya. Wafters: The next application before you, Madam Mayor, Members of the Council, is an amendment to the text of certain sections of the Unified Development Code to allow for dispatch center for mobile services. The Planning Department proposes to add a new use category in the UDC for mobile service providers. Contractors and other personal and/or professional services that travel to the customer as part of the service provided are included in this category. Examples are taxis, landscape maintenance contractors, carpet cleaners, maid service, and food delivery. This use excludes the service and/or repair of fleet vehicles. This use is different from a contractors yard in the equipment associated with the mobile service is contained within the vehicle and the provider travels to the customers to perform work. Work is not carried out on the site. The new use is proposed to be a permitted use in the C-G and I-L districts and a conditional use in the C-N, C-C, L-O and M-E districts. Specific use standards are proposed to regulate the proposed use to prohibit outdoor storage of materials, require adequate off-street area to be provided for fleet vehicle storage and that prohibits the site from being used as a contractor's yard, a vehicle wrecking or junk yard, and/or a freight or truck terminal. Commission did approve -- recommend approval of this application at their July 21st public hearing. Planning Department testified in favor of the application and no one commented or opposed the application and no written testimony was submitted. There Meridian City Council August 23, 2011 Page 54 of 77 were no key issues of discussion by the Commission and there were no changes to the staff recommendation by the Commission. No written testimony has been submitted to the city since the Commission hearing and there are no outstanding issues for City Council. Staff will stand for any questions Council may have. De Weerd: Thank you, Sonya. Mr. Rountree? Rountree: I have none. I have no questions. Bird: I have none. De Weerd: Okay. Is there any member of the public who would like to testify on this item? Okay. Seeing none -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing for Item 8-I. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve text amendment ZOA 11-005. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-I. Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Parks Department: Discussion on the Proposal to Landscape the Area Along Dawson Street by Ashford Greens Meridian City Council August 23, 2011 Page 55 of 77 Homeowner's Association to City of Meridian/Lakeview Golf Course De Weerd: Council, I'm going to ask for your patients on this and that of the building department staff, I am going to take my executive privilege and move Item 8-B ahead of 8-A -- Rountree: Nine. De Weerd: Nine -- 9-B ahead of 9-A. We have citizens that have been waiting patiently and I know we have contractors who have been equally patient, but if -- if you will humor me, I will put B before A. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On 9-B I need to mentioned that I am a resident of the Ashford Greens and a member of the Ashford Greens homeowners association. I live some distance to the -- from the spot that we are going to be talking about and I don't personally believe, whichever way this goes, it creates any conflict of interest for me, but I just wanted to mention that I am a member of the Ashford Greens homeowners association. I don't know whether the attorney would care to comment on that. If -- if somebody thinks I should recuse myself I will, but I don't feel I need to. Nary: Madam Mayor, Members of the Council, if Councilman Zaremba -- I guess the only other question -- you're not on the board for Ashford Greens, are you? Zaremba: I am not on the board. Nary: Okay. So, I wouldn't see there is any conflict. De Weerd: Okay. I guess I would ask Mr. Rountree if he wants to do a quick introduction on this item and, then, I believe Mike has some information. Rountree: Council, we have a focus group on the golf course that we meet almost quarterly. The homeowners at Ashford Greens have approached the city about cooperatively partnering on some irrigation and landscaping, which would consist primarily of turf in the vicinity of the clubhouse, specifically on I believe it's Dawson and fronting on where the golf course shop is. We met with them, we have asked staff to provide us a cost of -- of making those improvements. The homeowners have generously offered to maintain that landscaping and irrigate it. They have offered, actually, to fund I believe about 3,500 dollars worth of improvements. I have also asked the Parks Department to put together some numbers to complete the improvements on the golf course frontage which would be between the existing parking lot and the golf course itself that has been pretty much derelict for a number of years and needing some Meridian City Council August 23, 2011 Page 56 of 77 TLC. So, Mike is here tonight to give us some numbers and we have at least three residents from the homeowners association here this evening. I appreciate you gentlemen endearing -- enduring or whatever -- either way this event this evening. So, we will hear some numbers and, then, I will have a comment or two after Mike's presentation. Barton: Thank you. De Weerd: Mike. Barton: Madam Mayor, Members of the Council, thanks, Councilman Rountree, for that. I think that was -- you know, you pretty well summarized it, we were approached by the board at Ashford Greens about unimproved area that's directly next to the golf course maintenance shop. They had some concerns and originally asked if -- if they could improve the area and through discussion we had decided that there was a little more to it and we really wanted to do it right, so the idea of partnering with the homeowners association was brought up. One proposal that we talked about was to provide them a 30 year lease of that area in exchange for irrigation improvements and the maintenance of that area for that 30 year term. Our obligation would be approximately 6,800 dollars, of which we can fund through our savings and our operating budget this year. It would not require a budget amendment. We feel it's a great partnership opportunity, it's a way to beautify an area of frontage that is currently just weeds and dirt and we -- the department fully supports it and look forward to working with Ashford Greens to improve the area. De Weerd: Thank you, Mike. Rountree: Madam Mayor, question for Mike. Mike, that number includes what? The 6,800. Barton: The 6,800 dollars is to -- there is aNampa-Meridian easement that -- that goes through that area. This is where -- where people currently park on top of the gravel, that would have to be bermed up over that. That's a culvert that has minimal gravel cover on it. So, there is enough top soil -- we figured about 250 to 300 yards of top soil to berm that, do soil improvements, and then, add some boulders along that to prevent people from parking in there and, then, that would be to sod the entire affected area that's irrigated by the homeowners association. Rountree: And did you as well come up with a number for the remainder of the -- from the golf course parking entrance north along the irrigation easement? Barton: No, sir. That's not included in this proposal. Rountree: Okay. Okay. We will get that clarified. Thanks, Mike De Weerd: Any other questions from Council? Meridian City Council August 23, 2011 Page 57 of 77 Bird: I'd just like to make a statement. I think if we are going to go out there and do that we need to go all the way to the road and get the other stuff done. You know, that is a right of way of our city property and we need to make it look decent and to be truthful with you and one of the few that's been here since the golf course was built in '78, we have put little or no money into that course and I think that if we can find the money we need to go completely from there to the road and, then, maybe next year we can look at going from road to road. I think it's an eye sore in my opinion. Rountree: Madam Mayor? That's a perfect segue into my comment. I have the same feeling about this. I really appreciate the homeowners bringing that back to our attention. I believe that even though their offer is very generous I believe the city should take care of the cost of improving that if they agree to enter into along-term maintenance agreement with respect to mowing and watering the particular area they are interested in. I also feel strongly that we should make some improvements on the frontage of the golf course there on the parking lot and get that grass cleaned up. We have not discussed that with the golf course at this point in time, but I want to pursue that. I wish we would pursue it. I would hope that the Council would agree to do that, get parks and rec to put together an irrigation plan and a cost to do that and run that by the golf course managers and get the entrance to the golf course looking like it's something that we can be proud of, instead of kind of a dust bowl and a resting ground for things that they don't know what to do with. So, I just bring that and hopefully these gentlemen can walk out of here with some extra money in their homeowners account, be agreeable to hook up -- and my thought is hook up with their irrigation system, unless it's possible to tie into the golf course, but it seems -- they have got a system right there, I mean it just abuts this piece of property. Would be very easy for them to do it and Mike pointed out -- and I agree when we talked about it, that if it's our irrigation system and them maintaining it and our irrigation system doesn't work, they are going to be -- we are going to be pointing fingers at each other. So, it's better that they take the whole thing on and they have agreed to do that, I believe, and now I'll open it up I guess for whichever one of the three of you can speak. Barton: Before -- well, Madam Mayor and Councilman Rountree, so if I understand correctly, we are -- we will come back to you with a cost estimate and a proposal and some suggestions for a funding source that improves the golf course frontage from Ashford Greens common area on the south across the entire frontage, which includes part of the parking lot islands that directly impact the road and the frontage. Some of that may require -- we may not be able to connect to their irrigation system, but we will have to do some more discovery. I know part of it can, part of it may not, but we will come back with the most cost effective proposal and most bang for our buck that we can. De Weerd: Yeah, Mike, I think you're going to have to look at it as two different projects. This one would be on their irrigation with that maintenance agreement. The -- what we would like you to go back and price out would be something that would be city Meridian City Council August 23, 2011 Page 58 of 77 and lessee, you know, discussions that it would be separate from this, but a Council desired project. So, just --just to clarify this. Barton: That's clear. De Weerd: So, also the homeowners association doesn't think they are going to gain more irrigatable land and maintenance. Although if you're open to it, we love public- private partnerships. So, I just wanted to make sure that was clear and it was -- that was the intent. Rountree: That was the intent. It's, essentially, two projects. I'd like to see the partnership with the homeowners in effect and in place by the middle of September. It's not that big of area to take care of and the rest can follow, because I know there is probably some issues with the irrigation, but I'd like to see the numbers and I'd like to see us move forward and get that done if we can this fall. Barton: And there is a chance -- we will -- in that -- in the area that is south of the entrance we will need a lease agreement generated and some of a maintenance agreement or memorandum of understanding that Ashford Greens will maintain it, provided we install it, connect it to their irrigation system. We will have to get some pretty firm numbers and look at our budgets. There may not -- we will just have to look at that. Just a heads up that -- Rountree: I believe Council has some budget in our Bird: That's right. Rountree: That we haven't used. So, that's a possibility there. Barton: Yeah. A funding source may have to -- Rountree: And the agreement -- I believe Bill may know, but Ted was working on an agreement and I haven't seen a draft yet, but -- Nary: Yeah. He is working on it, yes. Rountree: He is. De Weerd: But I think he had a commitment to have that on the first Council meeting of September Rountree: September. De Weerd: So this can move forward in this budget year. Meridian City Council August 23, 2011 Page 59 of 77 Barton: And Ihave -- I have submitted the proper documentation to Nampa-Meridian Irrigation for a license agreement to do work on that easement. They had the scope of work and the drawings last week submitted in their office, we are just waiting for a board meeting. So, that will be on its way. De Weerd: When do they meet? Barton: I don't want to misquote, but I will place a call and try to push that, because I know that -- I know we want to get it done this fall. De Weerd: Right. Barton: So, we are -- we will get that as soon as we possibly can. De Weerd: Thank you, Mike. Okay. Would you like to provide some comment, information? If you can -- and I would ask if you could give us your name and address for the record. Howell: Okay. Ronald Howell. I am at 2622 North Waggle Place in Ashford Greens and I am on the board of directors. De Weerd: Thank you. Howell: And we have two other members of the board here and we have been talking about this for awhile and we, first, would like to have purchased the property, but that wasn't possible and, then, other things came up. Anyway, now just a clarification. Are you talking about the city providing all the cost for doing that, the irrigation hooking to our system -- Rountree: Yes. Howell: -- and, then, we will just be doing the maintenance? Rountree: You will just be doing the maintenance. Howell: Okay. That's very good. That's even better than we thought. De Weerd: I was hoping that you would try and talk us out of it. Howell: Well, no. No. It's been been sitting there ugly for many many years. Bird: Yes. De Weerd: And I know that Councilman Rountree had mentioned this, that this was very unexpected, very generous of the homeowners association and you have provided a very immaculate entryway into not only your subdivision, but it is kind of the formal Meridian City Council Augusl23, 2011 Page 60 of 77 entrance into the golf course as well and I know this was kind of that final connecting piece that has probably bothered you and the board for some time. So, you brought a solution to the city and it's greatly appreciated. Howell: Okay. Good. Thank you. Rountree: Thank you. Madam Mayor, I would move that this -- have the parks and rec staff move forward with putting together and finalizing the plan for the first phase of this, which would be from Ashford Greens to the clubhouse and work with the irrigation district, do the engineering on the irrigation system, get the irrigation installed and get the site prepared with additional fill and sodded and move forward with putting together the design and engineering and the agreement with Nampa-Meridian on the second phase, which would be on the north side of the parking lot -- upper parking lot entrance -- what's the name of the street? Talamore. From there to Talamore along the irrigation easement. De Weerd: And that's Harbor Point. Rountree: You know the road I mean. It's Harbor Point or Talamore. Barton: I believe it's Talamore. Rountree: Okay. And include in that the area that abuts the golf course that is currently in weeds and bare soil. Barton: Councilman Rountree, this is the area that is on top of the -- the tiled irrigation ditch or parking lot frontage? Rountree: Parking lot frontage and from the graveled irrigation pipe to the golf course where it's currently just bare soil. De Weerd: So, it's from the driveway to Harbor Point. Rountree: Harbor Point. De Weerd: Thank you. And, then, to hole one or where the -- Rountree: To the first tee. De Weerd: Yeah. First tee. Bird: It's from the curb onto the golf course. De Weerd: Yeah. Meridian City Council August 23, 2011 Page 61 of 77 Rountree: I don't have a map. We can go out and walk it, but it's pretty obvious when you go out there -- Barton: Yeah. Rountree: --that that is not green. Barton: We will -- if it's bare dirt we will develop cost proposals and we will come back and present those to you. Bird: You bet. Rountree: So that's my motion. Bird: Second. De Weerd: Can you restate that? Rountree: No. Not unless you want me to try. De Weerd: No. That was painful enough. There is a motion on the floor. Is there any discussion on that? Okay. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: And, Mike, when you come back, then, on the first meeting of next month, which is the 6th of September, I assume that we will have the agreement from the attorney's office. If you can let us know what Nampa-Meridian Irrigation District says on if they have approved it or when their board meets, so we know when to expect that. Okay. And we will follow up with the homeowners association. Okay. Very good. Thank you so much for your patience in waiting to this part of our agenda. But it's always nice having the public here. Item 9: Department Reports A. Public Works/Building & Development Services Department Report: Professional Services Contract Renewals for Mechanical, Electrical, Plumbing, Fire, and Structural Inspectors De Weerd: Okay. Item 9-A is our Public Works Building Department and I will turn this over to Bruce. Meridian City Council Augusl 23, 2011 Page 62 of 77 Freckleton: Thank you, Madam Mayor, Members of the Council. Two weeks ago we were in front of you with our division update. During that update I kind of broached the subject of our current negotiations for the new contracts for professional services agreements with our -- for our inspection and plan review services. Tonight we wanted to roll out some of the key points from those negotiations and seek your guidance and direction as we move forward. Hopefully this Powerpoint is going to work for us here. There we -- oh, man. What the heck? Don't know why that looks like it does, but, basically, what that first bullet says -- this is a situation statement. New two year contracts -- or professional services agreements were negotiated, approved, and signed on November 24th, 2009. Those agreements are set to expire the last day of September without any provision in those contracts for automatic extensions or renewals. Wow. I don't know what's going on here. During the drafting of these new PSAs that we have been working on, four of our five contract -- contractors have requested increases in the amount of compensation that they receive for their services. These requests affect both the percentages that the contractors receive of each building permit that's issued, as well as increase in permit fees. Some cases it's one or the other, some cases it's both. As we moved forward we -- we thought it best that we -- as we negotiate these contracts that we look at a three year contract period that would become effective on October 1st, 2011. I wanted to give you a little bit of a --just kind of a background as to what the professional services agreement contractors do for the City of Meridian. The first thing is they do comprehensive plan review of all building plans for commercial and residential construction in the city. They do comprehensive inspection services for those structures. They do building code enforcement when that becomes necessary. They also represent the city at any meetings requested by city officials. Some example of those would be preapplication meetings with applicants to try and get applicants on the right path when they -- when they begin their process with the city. Planning department comments meetings as we try and develop standard comments and -- for a project when it is actually submitted. Legal code enforcement meetings in those cases when we do have enforcement actions that we have started on properties. As you might imagine, there are several meetings that are required getting all of the affected parties at the table. They also meet with architects and owners in coordination meetings for design considerations for new projects and they meet with several homeowners, as you might imagine, as projects that those folks are carrying on come up. I wanted to roll out some of the advantages that we see of having a professional service agreement contractor relationship with the city. Relationship duration we find is a huge benefit. We have got established relationships with the building community, as much as 20 years. I think Daunt -- Daunt's probably been with us the longest of the group and he's been with 20 plus years, I believe. Staffing flexibility during up and down economic periods. That kind of speaks for itself. We -- we have really realized that with this recession that we have been in. The city in contracts with these folks we have in there that they staff up or staff down to meet the demand. Institutional knowledge. Again, with the relationship duration that we have had with most of these folks, there is a lot of institutional knowledge and understanding of city software, processes, and procedures. I apologize for these slides. I'm not sure what is going on with our -- with our text here, but -- Meridian City Council August 23, 2011 Page 63 of 77 De Weerd: You should have had them do it. They have understanding of the city software. Freckleton: Touche. Our contractors conduct inspection services and uphold the city's core values and, therefore, our customers don't realize that they are contracted. Tonight as we were waiting for some of the items to come up I was speaking with -- well, during break I was speaking with Mike Wardle and he was asking what we were here for and he didn't even realize that our inspection team here in the City of Meridian are contracted to us and so I think that's a huge testament to -- to the guys that we have and the relationships that we have with them, that our building community doesn't even realize that they are contracted. And going back to what I presented to you a couple weeks ago, we had one slide in there where we talked about our customer satisfaction surveys, that we go out and touch base with builders in the field to find out how we are doing and those satisfaction surveys have consistently indicated high levels of satisfaction. At this point in time I would like to -- since we do have our guys here and they have taken time out of their evening, I would like to introduce them and maybe have them stand up as I introduce them just so that you can put a face with the contractor. From Whitman and Associates, Daunt Whitman is here and Daunt is our -- is our structural inspector. He's also the acting building official for the City of Meridian. We have Terry Medley, who represents RIMI, Inc. They are our mechanical inspectors. We have Harold Welch and Jim Welch. They are our electrical inspectors. We have Rick Jackson, Jackson Code Consulting, and Rick is our fire plan review and inspector. We have Dennis Holty and Bob Rawlins here. Thank you. They are our plumbing plan review and inspection team. At this point in time I'm going to turn time over to Brent and he's going to go into some of the details of some of the key points in our negotiations and, then, I will close up at the end. Bjornson: Good evening, Madam Mayor, Members of the Council. This first slide depicts the structural fee and relationship history we have with Whitman and Associates. Daunt Whitman, as Bruce indicated, he's been serving the city for I think 20 plus years. The last time the fees were modified in the structural or building permit fee area was in 2007. During that time we changed methodology for calculating fees based on valuation and we also changed the majority of the structurally related fees. Those increased. What you see below is the current benchmark of the ranking of the cities, really, in permit fees from highest to lowest and I wanted to point out that these are building structural permit fees only, they do not include impact fees, assessment fees or other departmental fees. Strictly the building permit. You can see that the City of Meridian is the second to the lowest in the valley with the comparisons we have done here. On the commercial valuation there on the left side of the slide at the bottom we based those values on a commercial building permit of 650,000 dollars and a square footage of about 600 -- I'm sorry 6,500 square feet. That commercial comparison, as well as the residential next to it are typical of the next few slides we will look at as well. The residential comparison, we looked at a 2,200 square foot home. Again, those are the building permit fees for that home. Building permit fees only. You can see where the City of Meridian falls there within the line up. Moving on to the next slide. The Meridian City Council August 23, 2011 Page 64 of 77 mechanical fee and the relationship history with RIMI, Inc., Terry Medley, who has been searing the City of Meridian for 19 years, the fees were last modified in mechanical in 2007. This, too, had a change to calculating fees and a slight increase in fees overall. Benchmarking there, again, you can see the commercial and residential for that 650,000 dollar value to the commercial and the 2,200 square foot home. Meridian lands second from the top as far as the highest fees. The electrical fee and relationship history with Harold's Electric Company, Inc., Harold Welch, has been serving the City of Meridian for about six years. These were last modified here for electrical in 2007. Again, methodology change for calculating fees. There was really no significant increases in fees in the past decade for electrical. Minor methodology changes and miscellaneous in 2007. You will notice the benchmarking there, across the valley as well in commercial, Meridian is at the bottom with the lowest fees in the valley. And in residential we are second from the top. The plumbing permit fee history and relationship with DMH Enterprises, Dennis Holty, about six years of service, these last modified two decades ago. The City adopted the state fee schedule at that time. Benchmarking. They are about the middle of the pack for the plumbing fees. Or we are you can see in both residential and commercial there. And, then, the last slide here as it relates to the disciplines is a flier and we modified these with Jackson Code Consultants, which Jackson -- this was done in 2007 under Green Fire Protection Services. Rich has been serving the City of Meridian for about two years now. In 2007 we had a methodology change to calculating fees, as well as a slight increase in fees overall. At this time there is no increased proposed in the fire discipline. That is -- summarizes what I had to cover on the five disciplines and I'm going to put it back to Bruce to discuss the options that we have considered. Freckleton: Thank you, Brent. So, again, Madam Mayor, Members of the Council, we do have our contractors here if any questions come up and you'd like to ask them any questions, I'm sure they would be happy to -- to address those with you. As we have had these discussions the proposals that have come forward, as I mentioned before, there has been some -- some proposed changes to contract percentages. If you will remember the contacts do -- the provisions in the contracts for compensation, the contractors of each of those disciplines receive a percentage of each type of permit. So, one of the proposals that has come forward is adjustments to those contract percentages and another proposal is to adjust permit fees. In some cases they have asked for both. But what it boils down to for us -- and this is what we would like to kind of get your -- get your temperature on tonight and get some guidance and direction for moving forward, is if we were to adjust the contract percentages and leave the permit fees as they are, what we see as pros and cons of that -- that scenario, pro would be that the building community would not be impacted. Permit fees would -- would remain the same for the -- for the contractor coming to the front counter pulling permits. The compensation would be taken out of the percentages that the contractor would receive. The impact of that is that when we increase percentage of the building permit going to the contractor, the city's portion of that fee goes down. So, the con side of things is that the General Fund, specifically the Development Services portion of the General Fund, is impacted and would have to be subsidized to offset the change in expense. Also, the con is contrary to the city's philosophy of development paying for itself. It's always been Meridian City Council August 23, 2011 Page 65 of 77 the city's philosophy that development should pay for itself and it should not fall on the taxpayers. So, when we did an analysis of this option we wanted to find out, you know, on an annual basis what -- what kind of an impact would that kind of a proposal have and we anticipate that the annual projected expense to the city, specifically the Development Services fund, would be about 86,368 dollars, based on the -- the proposals from the four out of the five contracts -- contract holders. Again, option one. Option two is kind of the converse of what I just talked about and that is to adjust the permit fees and leave the contract percentages as they are. The pros and cons -- pro is General Fund is not impacted specifically, again, the Development Services portion of it it, as the cost -- the cost is the responsibility of the building community. It would be borne by the building community. Pro is also in alignment with the city's philosophy of development paying for itself. The con is that the building community is impacted. In a down economy we know that it's not going to be a popular -- popular proposal. So, we tried to do some analysis on this and we spoke with our Finance Department and we don't have -- we don't have every individual permit fee nailed down, but we do have some estimates of what we figure the anticipated impact would be. Anticipated permit fee increase to the building community and what we did is we took that 650,000 dollar value commercial permit that Brent spoke of earlier, we applied the -- the proposals to it and we -- we are estimating that it would be -- impact the commercial guy building that 650,000 dollar value building in the neighborhood of 4,500 to 5,000 dollars additional fees on that permit. In the residential, again, for that 2,200 square foot home, we anticipate that it would increase the cost of permitting to that guy two to three hundred dollars. There is a third option and that is the do nothing option. In that option basically the pro is no General Fund impact and no permit fee increase to the building community. The con is that there is discord among the existing PSA contractors where they may no longer wish to stay in a relationship with the City of Meridian, because of the increased costs that they have incurred. The other con that we see is that our contractor -- or our contracts are set to expire on June 30th, 2011, without any automatic extension or renewal. De Weerd: You mean September. Freckleton: I'm sorry. What did I say? De Weerd: Thought, well, they already expired. Freckleton: Did I say June? Well, I'm sorry. On a roll. So, with that, again, Ijust -- you know, talking about the benefits and the value to the organization of having these relationships, we find a great value in that. Our contractors have asked us to bring these proposals forward and, you know, as part of our negotiations we wanted to have these discussions with you guys and find out -- and get your guidance as to how -- how you would like us to move forward. We have been sensitive to the economic pressures over the past few years, you know, we have -- we have certainly had internal discussions about fees and wanting to broach that subject and with the economic conditions what they are we have held those off. There have been -- there have been regulatory policy changes that have necessitated a significant increase in the workload, Meridian Cily Council August 23, 2011 Page 66 of 77 specifically for the mechanical and structural guys. There specifically were some new requirements that came down from the Department of Energy that increased the energy efficiency standards of new single family homes. It about doubled the workload for the mechanical guys. Every new heating and cooling system that's put into a residential home has to be engineered now and because of that we have to do -- we have to scrutinize that engineering to make sure that it meets the standards. Again, the professional services agreement holders have stated to us that there -- they may not be interested in furthering their relationships with the city without some serious consideration of their proposals. So, again, we are not -- we are before you to negotiate contracts, certainly, and we are going to be doing that back in the office and bring those contracts forward to you, but we did want to get some guidance and direction from you as to how you're feeling about those key points and give us some direction. So, with that I will stand for any questions you might have and we will certainly make available our contractors, too. De Weerd: You know, Bruce, I will just kind of -- I don't know what Council's thoughts are. We didn't have any of this information in our packets, so it's hard to ask what our thoughts are when you haven't even seen it to even start thinking about it. So, this is all brand new and a lot of times you don't want to say the first thing that comes to your mind. And, you know, I think it needs to be absorbed and there probably needs to be a greater understanding of what some of that workload adjustment is. I do know as the code changes have come in front of City Council, this has been mentioned about probably an impact on inspections and that sort of thing and we probably need to have a better understanding of what some of those time commitments are as well. So, I guess I would ask Council what your thoughts are, but I feel a little bit disadvantaged being asked what you think when you're just now hearing it and I'm just a processor, so Council? Bird: Madam Mayor? De Weerd: Yeah. MR. Bird. Bird: I asked Bruce this exact question as -- but he wants -- I hate to get too involved in it, because you are in negotiations. I have got a couple of questions. How long has it been since we went out for RFPs for these contracts? Freckleton: Madam Mayor, Councilman Bird, Members of the Council, I -- as long as I have been here we have not done an RFP. So, that's 19 years. Bird: And, you know, being managers of city money, whether it's developer's money or it's our money, that's not too prudent to be -- not having RFPs and checking every once in awhile. At this time Ithink -- I think you look at the fees and you can find out why Meridian is the number one permit seller for the last two years in Ada County and Caldwell is the number one in Canyon county, because we have kept our fees down. You can't -- you can't keep putting costs on these builders and I realize these guys need to make a living, too, don't get me wrong, but when they were booming I didn't see them Meridian City Council August 23, 2011 Page 67 of 77 coming in offering to give it back to us. We have all had to tighten our belts. There is nobody out in the industry that hasn't had to tighten their belts and when you're in this kind of work, in contracting work, you have the hot years and save for the bad years. So, while it's up to you guys to negotiate, I'm like Tammy -- I don't -- or the Mayor. I'm sorry, Tam. It -- I would like to have been, you know, a little more, Bruce, in talking to you, I understand and I don't want to tie your hands in negotiation, but I certainly want to -- we have got to have something done and I think we have need to really look at getting us some RFPs out, I know we can't do it this year, but I think it would be prudent to -- public money to do that on an every three or four year basis. We do it with every other contractor. That's my best word. Rountree: Madam Mayor. That was the thought I had and nothing against the contractors, but our -- my experience is anytime you go out for professional services, unless you can document the sole source, you need to go out with an RFP to see if there is other people interested. You're not bid shopping, you're just saying, okay, are other people interested and here is what we want, can you provide it and you evaluate them accordingly. Obviously, the folks we have are going to come to the top, because they know us and we know them and they know our system, so, you know, it makes the playing field a little more equitable to them. But I'm confused why we have done it this way. Having said that, I have no other thoughts about what to do with the -- I look at the numbers and I'm thinking, yeah, we are in the right spot and most of those we should be no higher than third place in any of those, since we are the third largest city in the state. I don't -- I don't know what new requirement there are. You say the heating and HVAC systems all have to be engineered. I assume they come with an engineer's stamp. If we are looking at them and making changes to those, we are breaking the law. And I'm sorry, there is just some of that stuff that doesn't make sense to me. So, those are the thoughts that I have right now, so that's where I am. If you're at a state of negotiation, probably you're going to have to get us educated. De Weerd: And I guess, again, I prefaced it by when you ask for first thoughts beware of what you get. Because we have no context to even look at -- all we saw was the comparison. We don't know much more than that. And I think that probably we need to get the information and Ihave -- I have told our inspectors this before, you in many regards are the face of our community and you are also -- have everything to do with the long term health of our community in how you conduct your inspections and that's -- that's critical to our community. You are very important to the City of Meridian and I think that the City of Meridian has -- and I hope you feel you have benefited from our relationship. Because of the economy we haven't had to do many of the things that other communities have had to do because of our relationships with you. So, I see this as -- as I hope a win-win partnership. I understand that you need to make your business model work and so do we, but to have this discussion, we have to have more context on what we are even talking about and so I hope, you know, between now and maybe September 6 when the next City Council meeting is or at least the workshop, we can have this kind of a dialogue -- and maybe if Council you can make suggestions on what kind of information you need in terms of this and you need to talk with our Meridian City Council August 23, 2011 Page 68 of 77 contractors on some of their comfort levels, but maybe in meeting with legal and the RFP process and what is legally required, some -- right now it's just all new. Rountree: Madam Mayor, I think the workshop's the appropriate place. I mean we can sit down and roll up our sleeves and get through this. De Weerd: Mr. Zaremba. Zaremba: First let me say I appreciate the long-standing relationship and I do agree that, you know, institutional memory is a good thing and that's important. For our discussion at the workshop, if that's where it's going to be, there -- there are a couple of facts I would like to be refreshed on. I think one of them is does this kind of a contract meet the requirement where if it's over 25,000 dollars in a year we do have to put it out for bid and the other is if -- if the end result is to raise fees, do we have to have a public hearing on any fee that raises more five percent? These are things we need to include in our thinking. Nary: Madam Mayor? De Weerd: I can answer the one on the fees. Zaremba: Okay. De Weerd: And, yes, you need to -- if we are going to increase it more than the five percent, you have to have a public hearing. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, these types of professional agreements are not required to be bid. Zaremba: Oh. Nary: So, then, the bidding issue isn't an issue. It can be bid. It's not required to be bid. And the Mayor is correct, because of the way the formula works, I would recommend that we -- if we are anywhere close to a five percent of an increase to what's being paid to the contractor, that we still put that out through the normal process of increasing fees, because, again, they were getting paid a percentage, so realistically it's not as easy to calculate as on our normal fee structure. But anything close I would recommend that we simply put it out as a fee increase, like any other fee, so the public is aware of it. De Weerd: Well -- and typically, Bruce, you go through certain steps with your fee processes, you have groups you go to. This is not a quick and -- this is in no way a Meridian City Council August 23, 2011 Page 69 of 77 quick process anyway you cut it, so -- I just wanted to make one more comment to our contractors. Bruce had mentioned the satisfaction surveys. I appreciate the feedback that we get back. Again, you're not only the long-term health and you are the face of Meridian in many regards, but those surveys speak volumes. So, I would like to extend my heartfelt appreciation to the feedback and the ambassadors that you are for the city. Mr. Hoaglun. Hoaglun: Yeah. Just a comment. The context issue would be helpful, because from the perspective we are like everyone else, we know gas costs have gone up, we know insurance costs have gone up, there are factors that we don't control out there that we are all impacted by, whether you're an individual or household or a business and you have to look at those. At the same time we have to look, okay, how do we mitigate those, where can we cut back, sometimes the code is the code, there is nothing we can do and other times there are things that we can find different ways of doing things. Like to -- I always explore that. And input from the people who are out there doing it every day is always helpful. So, I just think we have to take a look at -- at each one and knowing -- learning that, you know, mechanical requirements may be going up or have gone up, there is more work that has to be done than there has been in the past, it's just a matter of learning what those things are and educating us on those factors and --and we know about the general things that go up in price, but how --how we could do things differently, maybe, to help mitigate that is always useful, so it's just a matter of having to take a look at it and getting us up to speed and those functions. So, I'd like to say that my other job that I know a lot about everything. My knowledge base is a mile wide, but it's only an inch deep, so -- Freckleton: Thank you, Madam Mayor, Members of the Council. I do appreciate your comments tonight and I certainly wasn't intending to blind side you. We -- as I mentioned, we -- we didn't intend to have a negotiation of contracts in front of you. We have -- we have set ourselves a calendar and we have got a pretty fast track to October 1st and as we have been going through our -- our negotiation process there has just been these -- these two real critical points that have come up and that is adjust percentages, adjust permit fees, and that was really kind of the issue that I kind of wanted to get clarification on and specifically by adjusting those percentages and those contracts it breaks away from the city's philosophy of development paying for itself and kind of gets sideways with that. So, kind of wanted to take your temperature on that. We do certainly plan on bringing back a lot more information to you. I apologize that we didn't get something in your packets for you to review ahead of time. Again, I -- we were kind of on a fast track and these were a couple of points that were kind of critical for us moving forward with our negotiation process. So, apologize for putting you into kind of an uncomfortable position with that, but we will definitely go back to the drawing board and -- and gather the information. We will be back in front of you at -- we have -- in our calendar we have got two more times that we are going see you before -- before the end of September and certainly the public hearing process for fees would have to be, you know, advertised and we will go through that. We have been working directly with the legal department, so we have got it laid out, but, again, we are sorry for kind of blind siding you a little bit tonight. Meridian City Council August 23, 2011 Page 70 of 77 De Weerd: Well -- and I will admit you -- I will admit you did put us in an awkward situation. I would like to offer -- is there any comment from -- you guys sat through our whole meeting as well and so do any of you have any comments you would like to make at this time? Thank you for being here. Medley: Again, Terry Medley with -- mechanical inspector. And just with Councilman Bird's comments, when things were better I had four full-time employees. We have had to make some significant adjustments because of the economy. So, now we are down to one and a half. Well, one guy is working either three days a week or four days a week and so we have made some serious adjustments because of the economy and now with mechanical, of course, you need more information on that, but our workload has doubled and so I have been working nights and weekends on plan review to keep up and that's -- and I need to hire another full time inspector and so I'm in a position where my family needs me back in the evenings and they need me back on the weekends. So, that's why I have made this request and pretty firm with it. De Weerd: Thank you, Terry. And, again, I think we need to be able to put it in perspective and to get some of those key points. Your -- your industries -- and, you know, we have seen it across the valley and certainly in this community we know how hard construction has been hit and, you know, I think everyone across the board in the construction industry has been tightening those belts and reinventing themselves to even stay afloat. So, I can understand the position you're finding yourself in and, again, we just need to have a better understanding of what -- what is in front of us. Medley: And the one comment about the engineering, that was a little bit overstated. The engineering is done by a computer software program, so any heating company out there can do -- can purchase the software program and they can engineer it -- it's basically a computer engineered submittal that is -- that is put forth on each plan, but any heating company can purchase that. It's been a mess. It has been a tremendous mess to have these people purchase the software program. Myself, I had to go to a couple of training seminars and, then, also a 12 week -- it was just one day a week, I don't want to be deceptive on that, but a 12 week one day a week course from the College of Western Idaho to learn how to work this program. So, then, I have had to train a lot of heating and air conditioning contractors, I have come under a little bit of scrutiny on that, why are you training these contractors. If I haven't -- if I don't train them they are dead meat and they can't get their submittals, they can't figure them out, they can't get them through. So, I have babysat some of them and there has been significant improvement since January 1st, but it's been quite --quite an ordeal. De Weerd: Thank you. Any other comments? You know -- and just in -- oh, please do. I would encourage you to work with -- with staff and get the appropriate information in from of Council, too. Thank you for being here. Holty: You're welcome. Dennis Holty. 1116 Dawn Drive. DMH Enterprises. I just wanted to briefly say that the reason I recommend the changes in the permit fees, they Meridian City Council August 23, 2011 Page 71 of 77 are the same fees that Meridian adopted 20 years ago and those fees were taken from the state fees that had been in place for ten or 20 years before that. These fees are very low. And we get by, you know, we are creative, we get by and we -- we do okay. We are not going anywhere unless we have to. But the fees are way behind. A 30 dollar minimum fee in today's world for a service call is pretty low and as far as the other side of the contract adjustment, that is to do with the busier it gets I end up having to hire somebody to help and the contract is set up on a sliding scale, it goes down according to how much volume we do. I'm asking to keep it level according to the volume we do, because as it gets busier I need to hire somebody and that's all we are coming from. We are not trying to -- any increase in fees is going to go to the city. That's all I have to say. Hopefully that clears it up. Hoaglun: Madam Mayor. Just a quick question on that. Holty: Oh. Hoaglun: That sliding scale, is that something where it's a stair step -- if you're doing this many it's at this level or is it more a sliding straight slope? Holty: It's a percentage on a certain dollar amount and, then, it drops down ten percent for a certain dollar amount and the situation I run into is about the time it drops down is about the time I need to hire somebody to help, because it's busier. So, the revenue goes down and the expenses go up. That's what the contract renewal is addressing. The fees are an accepted situation. That's -- anyway. Hoaglun: Okay. Okay. That helps. Thank you. Holty: You're welcome. De Weerd: Okay. Bjornson: Madam Mayor, Members of the Council, I have one quick question. Given the September 30th expiration date, do you feel it's appropriate to bring to a workshop administrative contract extension discussion? Rountree: That would be -- Bird: I do, Mayor. De Weerd: Uh-huh. Bjornson: Thank you. De Weerd: Okay. Anything further on this? Meridian City Council August 23, 2011 Page 72 of 77 Freckleton: No. Thank you. Thank you for your time, Madam Mayor, Members of the Council, and we'll be back in front of you with a lot more information and you will have it ahead of time. De Weerd: That would be excellent. Zaremba: Madam Mayor? De Weerd: Especially if you want a better mind frame up here. Mr. Zaremba Zaremba: I was just going to suggest since there is this deadline with no renewal or extension, whether the short-term discussion might be -- can we continue the same contract for two more months while we work this out, so -- just throw it in as a suggestion. Not that we want to keep delaying it, we are going to have to make the decision and get it done pretty quick, but -- if it looks like we are moving forward and going to have a meeting of the minds, maybe that's a suggestion. De Weerd: Or at least bring something for discussion. Okay. Okay. Thank you C. Clerk's Office: Approval of New Beer and Wine License for Wood-Wood Inc., dba Beef O'Bradys Located at 1505 S. Eagle Rd. #190 De Weerd: Item 9-C is through our clerk's office and -- Holman: Madam Mayor, Members of the Council, this is the typical beer, wine, and liquor license you will see us take off the Consent Agenda and put on the regular agenda, because we need it approved with conditions and this one is to basically allow the Mayor to sign and me to hold my signature until they get their certificate of occupancy. I spoke to Mr. Freckleton and he said they are just pulling permits on this right now, so they are a little ways out from getting that certificate of occupancy, it just seems they must be more on the ball than our average person, because they are getting this taken care of way ahead of time. So, that's what I'm requesting. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Don't they have a time limit before they have to start hanging it or are they going to have the building occupied by the time the -- I think it's six months -- don't you have six months to get it hung? De Weerd: I think so. To put it in use Bird: Well, to hang it. Meridian City Council Augusl 23, 2011 Page 73 of 77 Nary: Correct. De Weerd: To serve your first drink. Bird: Yeah. De Weerd: Uh-huh. Nary: It's actually 150 days and, then, they have a 90 day extension period, but I mean this is a tenant improvement, not a brand new building. Bird: Oh. Okay. Nary: So, this is where the Grains of Montana used to be and so it's a tenant improvement, so it probably won't take six months to do, but -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Would that -- if there are no more comments, I'd move that we approve the new beer and wine license for Wood-Wood, Incorporated, doing business as Beef O'Brady's and for the Mayor to sign and the Clerk to hold until a certificate of occupancy is attained. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-C. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. First Reading of Ordinance No. 11-1488: An Ordinance Amending Meridian City Code Section 3-5-2~A), Regarding Pawnbrokers Dealing Precious Metals; Amending 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; Providing a Severability Clause; and Providing an Effective Date De Weerd: And I guess along with our appreciation for being so on top of it, so -- under Item 10, Ordinances, Madam Clerk, will you, please, read Item 10-A, which is ordinance number 11-1488 by title only. And this would be for the first reading. Meridian City Council August 23, 2011 Page 74 of 77 Holman: City of Meridian Ordinance No. 11-1488, first reading. An ordinance amending Meridian City Code Section 3-5-2A regarding pawn brokers dealing in precious metals. Amending Meridian City Code, Section 3-5-9B4 regarding pawn broker records and a new chapter, Chapter 9, to Title 3, Meridian City Code, regarding precious metal dealers, definitions, applicability, and exemption, license required, application and procedures, operating requirements for regulated transactions involving type one precious metal. Operating requirements for regulated transactions involving type two precious metal, prohibited acts by precious metal dealers, penalties and enforcement, providing a severability clause and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, we will move to the next item. Item 10-B, which is ordinance number 11-1489, Madam Clerk, will you, please, read this by title only. B. Ordinance No. 11-1489: An Ordinance Amending Title 1, Chapter 7, Section, Paragraph (A) (2) of the Meridian City Code, Regarding Time of City Council Workshop Holman: City of Meridian Ordinance No. 11-1489, an ordinance amending Title 1, Chapter 7, Section 5, Paragraph A-2 of the Meridian City Code regarding time of the City Council workshop and providing an effective date. De Weerd: You have heard this ordinance read by title only. If there is no one who would like hear it read in its entirety, Council, I would entertain a motion. Bird: Madam Major? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 11-1489 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 10-B. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Ordinance No. 11-1490: An Ordinance Amending Ordinance No. 10-1456, the Appropriation Ordinance for the Fiscal Year Meridian City Council August 23, 2011 Page 75 of 77 Beginning October 1, 2010 and Ending September 30, 2011 Appropriating Monies That are to be Received by the City of Meridian in the Sum of $2,337,252.00 and Allocating Expenditures De Weerd: Item 10-C is Ordinance 11-1490. Madam Clerk, will you, please, read it by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1490, an ordinance of the City of Meridian, Idaho, amending Ordinance No. 10-1456, the appropriation ordinance for the fiscal year beginning October 1st, 2010, and ending September 30th, 2011. Appropriating monies that are to be received by the City of Meridian, Idaho, in the sum of 2,337,252 dollars and allocating expenditures and providing an effective date. De Weerd: You have heard this ordinance read by title. If there is no one who would like it heard -- heard it read in its entirety, Council, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 11-1490 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-C. 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. D. Ordinance No. 11-1491: An Ordinance Providing for the Adoption of a Budget and the Appropriation of $67,136,453.00 to Defray the Necessary Expenses and Liabilities of the City of Meridian, for the Fiscal Year Beginning October 1, 2011 and Ending on September 30, 2012 De Weerd: Item 10-D is Ordinance No. 11-1491. Madam Clerk, will you, please, read this ordinance by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1491, an ordinance pursuant to Idaho Code 50-1002 and 50-1003, providing for a title and Meridian City Council August 23, 2011 Page 76 of 77 findings, providing for the adoption of a budget and the appropriation of 67,136,453 dollars to defray the necessary expenses and liabilities of the City of Meridian in accordance with the object and purposes and in certain amounts herein specified for the fiscal year beginning October 1st, 2011, ending on September 30th, 2012. To levy all such appropriate taxes and levies as authorized by law upon taxable property and to collect all authorized revenue, to provide for the waiving of the second and third readings pursuant to Idaho Code 50-902 and providing for an effective date and the filing of a certified copy of this ordinance with the Secretary of State. De Weerd: You have heard this read in its -- Ordinance 11-1491 by title. If there is no one who would like it heard -- it read -- that's easy for me to say. No, it's not. Council, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 11-1491, with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second. 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 carried. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: We are at Item 11. Council, is there any items to consider for future agendas? Hearing none, I would entertain a motion to adjourn. Hoaglun: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 10:53 P.M. Meridian City Council August 23, 2011 Page 77 of 77 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T MY De WEERD DATE APPROVED ~1, k~ ww,y ~ ta',$ '., ry' ~ .. •``~` 6' ~~ ~~ : ,~, 'tea Af ` ~ `~ ~ ~''"" ~i ~ +~± ~~ S~~J ~ ~ ~~~%~ r' YCEE HOL A CITY CLERK ~~A ,~~ ~. w ~` .. r~. ~ .., .r ~%~ F ~,... „, ;•~ ° ~~ w ~ 1 r ~<„.~ ~ d ,`"~ .r ~,~ ~r y y;`a .~ "~d ~~ ~~ '4f'V~~ e~~ +Q ~ +: ~5 M p s hap RSA !e ~ J '^a ! s ~~;. ~'w~"1 ,y, .r d ;ti `. r~s d, f''~a r 4 r`n~yi,` `°• J~~, ~; ~,,~ ~~ ~ ~ _, ~ . ; ~. ~!'f)~~~r,~, ~,~i,,`,~ ~~~ ~~~ ef'3 g~ s y~ ~,w Changes to Agenda: Item # 8. A On November 2, 2010, the applicant submitted a letter requesting C~„~~cjl accept%' zv withdrawal of the variance application. i~ ~ ,f ~$jjf Item #8B; Walmart-Overland/Stoddard MDA-11-005 ~ ~'` ( ) `~, ' Application(s): ' '~'~~`_%~-. - Modification to the existing development agreement for Queensland Acres to amend the conceptual development plan & certain provisions of the agreement. Size of property, existing zoning, and location: This site consists of 19.73 acres, is currently zoned C-G, and is located on the southeast corner of W. Overland & S. Stoddard Roads. Background: This property was annexed in 2007 with a C-G zoning district consistent with the Comprehensive Plan future land use map Commercial designation & deemed appropriate to develop w/commercial uses as allowed in the C-G district. A development agreement (DA) was required as a condition of annexation that included provisions for development of the site along with a conceptual development plan. The plan depicted a major retail shopping center but was conceptual since the original developer did not have specific users for the site at that time. In 2009, a modification to the DA was approved that included a revised concept plan to accommodate the development of ICON Credit Union at the northeast corner of the site. The revised plan depicts square footages for the building pads shown & the text of the agreement required all buildings, except for the two 6K s.f. pads at the northeast corner of the site to be limited to 15% over or under the sizes shown except for the largest building pad which could not exceed 170K s.f. Since that time, ICON has purchased that property & the credit union has been constructed. Walmart is the contract purchaser of the remainder of the site that is the subject of this application. The ICON property will remain under the existing DA & the portion Walmart is in the process of purchasing will be under an amended & restated DA if approved. Summary of Request: The applicant's proposed modifications to the DA are: • A revised orientation of the largest building pad on which Walmart is proposed from facing north toward Overland to facing east. The rear of the building is proposed to face Stoddard instead of Bear Creek Subdivision with parking on the interior of the development. • The removal of the requirement for a landscape buffer to be provided along the rear of the buildings along the south boundary. The 25' wide buffer required by the UDC along the south property line adjacent to residential uses will remain a requirement. A change to the text that would require the developer to "provide" an 8' tall white vinyl fence instead of "replace" the existing 6' tall vinyl fence with an 8' tall vinyl fence, with the property owner s consent, along the south boundary of the site in addition to providing landscaping within the buffer. If the existing fence remains & a new 8' tall fence is constructed on the subject property, if would create a double fence with space in between which could result in maintenance problems as well as not be visually pleasing to the residents. In order for the existing fence fo be replaced with an 8' tall fence, consent would be required from ALL of the property owners. Staff is of the opinion neither option is feasible. For these reasons, staff recommends the fencing requirement be eliminated & trees be provided within the buffer that are a minimum of 8' in height when planted and consist of a mix of evergreen & deciduous trees and shrubs that will result in a barrier that allows trees to touch at the time of maturity. In addition to the applicant's proposed changes to the DA, Staff recommends the following: • Removal of several provisions that have already been satisfied with the development of the ICON property as they are no longer applicable. Inclusion of a requirement for compliance with all current design standards listed in the UDC along with the guidelines listed in the Meridian Design Manual. ® Inclusion of a requirement for street lighting to be installed along the project's frontage on Overland & Stoddard Roads in accord with the City's Improvement Standards, prior to occupancy of the first building on the site. Inclusion of a requirement for an easement granting cross-access to the ICON property at the northeast corner of the site to be submitted with the first CZC application for the site. Inclusion of a provision prohibiting overnight recreational vehicle parking/camping on the site. Inclusion of a requirement for an 8' wide multi-use pathway to be provided along the east boundary of the site from where Alaska Street stubs at the south boundary to the light on Overland Road and also along the west boundary adjacent to Stoddard from the south boundary to the OverlandfStoddard intersection. Written Testimony: Frank Balkovefz; Dan Albert; Adam & Ashley Clark; Jim & Sara Schmidt; Shana Silvestri; Ryan Heyborne; Lori McBride; Shelia & Terry Hunnicutt; George & Laura Webb; Patrick Morandi; Kevin Denton; Outstanding Issue(s) for City Council: i. Fencing along the southern boundary of the site adjacent to Bear Creek Subdivision. Council should consider public testimony on this issue in defermining if staff's recommendation is appropriate. Staff Recommendation: Approval per the provisions in Exhibit A.4 of fhe staff report Notes: Item 8C: Messina Meadows (TEC-11.003) Application(s): Two (2) year time extension Size of property, existing zoning, and location: The remaining acreage to be platted is approximately 35.09 acres. The property is currently zoned R-8 and is north of E. Amity Road; midway between S. Locust Grove Road and S. Eagle Road. Summary of Request: This is the third time extension requested for the subject preliminary plat. The applicant has been unable to commence with Phase 3 due to the current housing market. As a condition for granting a time extension, the City may require compliance with the current provisions of the UDC. Staff has reviewed the pertinent files related to the Messina Meadows project and offers the following assessment of the project: 1) the preliminary plat meets the current open space and site amenity standards listed in the UDC; 2) the planned development requires compliance with a concept plan and building elevations and; 3) the remaining property left to be platted meets all of the R-8 dimensional standards in the UDC. Staff recommends approval of the time extension with no modifications to the conditions of approvals approved with the Messina Meadows project. Written Testimony: Staff has received an email from the applicant stating he is in agreement with the staff report. The Clerk's office also received a complaint regarding the weeds growing on the property. The applicant has been notified of the complaint and has informed staff that the weed removal is underway. Outstanding Issue(s) for City Council: None Notes: Item #8D: Regency at River Valley (VAR-11.002) Application(s): - Variance to UDC 11-3H-4B to allow a temporary right-in/right-out access for the site via N. Eagle Road Size of property, existing zoning, and location: This site consists of 13.56 acres, is currently zoned R-40 & C-C, and is located at 2500 N. Eagle Road, midway between Fairview & Ustick. Summary of Request: The UDC requires access to be acquired from a street other than the state highway (SH 55/Eagle Road) if an applicant proposes a change or increase in intensity of use on the property. The property was previously zoned RUT in Ada County and was a residential property. Subsequent to annexation, a high density residential development was approved on the eastern portion of the site. Future commercial use is planned for the western portion of the property, thus constituting a change in use and increase in the intensity of the use on the property. The applicant proposes a temporary right-in/right-out access for the site via N. Eagle Road until such time as E. River Valley Road is extended along the southern boundary of the site. Due to the existing alignment of River Valley on the west side of Eagle Road, the ROW for the extension of River Valley on the east side of Eagle lies entirely on the property to the south, the Meridian Town Center (aka CenterCal) site. Until such time as River Valley is extended, access is not available to this site, unless the subject variance is granted. Granting the variance will allow the applicant to move forward with occupancy after construction of the apartments if necessary while waiting for the extension of River Valley to be completed. Once River Valley is constructed, the access from Eagle Road will be removed and access to the multi-family development will be provided via two access points to/from River Valley; emergency access only will be provided via Allys Avenue at the east boundary. Future access to the commercial portion of the site will be provided through cross-access easements with adjacent properties to the south via a driveway to the future extension of River Valley. The Idaho Transportation Department (ITD) submitted a response to this application stating they have no comment on the application other than a permit will be required for work to be done within the State ROW. ITD approval will take place when the permit is applied for. Written Testimony: Response from the applicant's representative in general agreement w/the staff report Staff Recommendation: Approval per the findings in Exhibit B of the staff report. Notes: Item #8G: UDC Text Amendment -Wine & Beer Shops (ZOA-11.003) Application(s): - Amendment to the text of certain sections of the UDC to allow for retail wine and beer shops to offer servings of such for purchase by the bottle or glass. Summary of Request: The Planning Department is proposing changes to the UDC to add a new use category that is different from a restaurant use in that food isn't served & beer/wine is offered for sale; and is less intense than a drinking establishment and offers beer/wine sales. The use includes, but is not limited to, wine shops and brewing supply stores and does not include drinking establishments, restaurants, or stores that sell wine & beer but do not offer servings. The new use is proposed to be a permitted use in the C-N, C-G, C-G, 0-T, and TN-C districts and an accessory use in the H-E district. Specific use standards are proposed to regulate the proposed use that require the applicant to maintain a current wine & beer sales permit for on-premise consumption (which includes retail sales) and that prohibits liquor sales. The applicant is required to comply with all state, county, and local laws regarding serving alcohol. Wine & beer servings are limited to the hours between 11 am antl 9 pm; store hours of operation are not limited unless otherwise restricted by the UDC. Commission Recommendation: Approval at the 7/21 public hearing Summary of Commission Public Hearing: i. In favor: Planning Dept. ii. In opposition: None iii. Commenting: None iv. Written testimony: Ilene Dudanake, Christina Branesky Key Issue(s) of Discussion by Commission: i. Clarification on criteria for determination of proposed new use vs. a drinking establishment or restaurant Key Commission Change(s) to Staff Recommendation: i. Extend the hours in which beer/wine may be served from 9pm to 10pm Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: None Notes: Item #8H: UDC Text Amendment -Water Conserving Landscapes (ZOA•11.004) Application(s): Amendment to the text of certain sections of the UDC to encourage the use ofwater-conserving landscape designs. Summary of Request: The Planning Department is proposing changes to the UDC to offer incentives for inclusion of water conserving landscape designs. A list of approved water-conserving tree species is included as a reference in addition to the tree species identified in the publication entitled "Tree Selection Guide for Streets and Landscapes Throughout Idaho" by the Urban Forestry unit of the Boise Parks & Recreation Department. The UDC requires landscaped areas to be at least 70% covered with vegetation at maturity. The proposed amendment allows an exception to be approved by the Director for water conserving designs that meet certain standards. The amendment also allows for re-use water to be used for irrigation when available. The UDC requires a secondary source of water to be provided for irrigation. The amendment allows for an exception to this standard to be approved for water-conserving designs that demonstrate certain criteria and allows for a waiver by the Director for a secondary source of water to be provided. This change is supported by a goal of the Comprehensive Plan that states, "Reduce reliance on City water (potable) for irrigation through use of recycled water, public education and adoption ofwater conserving landscape guidelines:' Commission Recommendation: Approval at the 7/21/11 public hearing Summary of Commission Public Hearing: v. in favor: Planning Dept. vi. In opposition: None vii. Commenting: None viii. Written testimony: None Key Issue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation: None Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: None Notes: Item #81: UDC Text Amendment- Dispatch Centers (ZOA-11.005) Application(s): - Amendment to the text of certain sections of the UDC to allow for dispatch centers for mobile services. Summary of Request: The Planning Department proposes to add a new use category in the UDC for mobile service providers. Contractors and other personal and/or professional services that travel to the customer as part of the service provided are included in this category (examples: taxis, landscape maintenance contractors, carpet cleaners, maid service, and food delivery); this use excludes the service andlor repair of fleet vehicles. This use is different from a contractor's yard in that equipment associated with the mobile service is contained within the vehicle and the provider travels to the customers to perform work; work is not carried out on the site. The new use is proposed to be a permitted use in the C-G and I-L districts and a conditional use in the C-N, C-C, L- 0, and M-E districts. Specific use standards are proposed to regulate the proposed use that prohibit outdoor storage of materials; require adequate off-street area to be provided for fleet vehicle storage; and that prohibits the site from being used as a contractor's yard, a vehicle wrecking orjunk yard, and/or a freight or truck terminal. Commission Recommendation: Approval at the 7/21 public hearing Summary of Commission Public Hearing: ix. In favor: Planning Dept. x. In opposition: None xi. Commenting: None xii. Written testimony: None Key Issue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation: None Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: None Notes: Meridian City Council Meeting DATE: August 23. 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Award of RFP and Agreement for "Ten Mile Interchange Landscape Maintenance Services" to LawnCo for the Not-To-Exceed Amount of $151,200.00 and Authorize the Mayor to Sign the Agreement MEETING NOTES ~~ ~p Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Mike Barton Date: 8/17/11 Re: August 23 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 23 City Council Consent Agenda for Council's consideration. Approval of Award of RFP for "Ten Mile Landscape Maintenance Services" to LawnCo and authorize the Mayor to sign the Agreement in the amount of $151,200.00. Bonds and insurance certificates have been received and are on file in the Purchasing Department. This award is the result of Formal RFP #PKS-11-10175 issued July 15` and opened July 21st. Three proposals were received. Recommended Council Action: Approval of Award of Bid and Authorize the Mayor to sign the Agreement for the Not-To-Exceed amount of $151,200.00. Thank you for your consideration ® Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES TEN MILE INTERCHANGE LANDSCAPE MAINTENANCE PROJECT # 10175 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this ~_day of Au us , 2011, and entered into by and between the City of Meridian, a municipal corporation organized under the taws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Lawn Co, hereinafter referred to as "CONTRACTOR", whose business address is 2581 Wildwood. St.. Boise. ID 83713 . INTRODUCTION Whereas, the City has a need for services involving, Ten Mile Interchange Landscape Maintenance Services; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work; or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it wilt perform its work in accordance Ten Mile Interchange Landscape Maintenance page 1 of 10 Project # 107 75 with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Monthly basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. The Not-To-Exceed amount of the Agreement is $151,200.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) November 23, 2014 or (c) unless sooner terminated as provided below (d) upon failure of Council to appropriate funds for services in any given year, or unless some other method or time of termination is listed in Attachment A. Ten Mile Interchange Landscape Maintenance page 2 of 10 Project # 10175 This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Contract Extensions: Two one (1) year extensions may be entered into if approved by City Council and contract is amended in writing and signed by both parties. 3.3 Non-Appropriation of Funds: If City Council fails to appropriate funds for this agreement for any fiscal year then this agreement will terminate, with no consequence to the City, at the end of September of the last year of appropriated funds. 3.4 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.5 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.6 This Agreement shall terminate automatically on the occurrence of any of the following events: a} Bankruptcy of insolvency of either party; b) Sale of Contractor's business; or c) Death of Contractor. 4. Termination: 4.1 ff, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15} days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold Ten Mile Interchange Landscape Maintenance page 3 of 10 Project # 10175 any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRAGTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 52 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments far damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One i' Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for Ten Mile Interchange Landscape Maintenance page 4 of 10 Project # 10175 an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, orjudgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations underthis Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. I, 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. Ten Mile Interchange Landscape Maintenance page 5 of 10 Project # 10175 8. Notices: Any and all notices required to be given by either of the parties ( hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Lawn Co. Attn: Stephanie Hale 2581 Wildwood Boise. ID 83713 208-323-0234 Idaho Public Works License #: C-10056-B-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. Ten Mile Interchange Landscape Maintenance page 6 of 10 Project # 10175 ( 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTORshall complywith all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. Ten Mile Interchange Landscape Maintenance page 7 of 10 Project # 10175 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: ~~°~ TAMMY ~/ EERD, MAYOR Dated: ~ ,~:3 - /~ Approved by City Council:, JA Approved as to Content BY: KEIT ATTS, PU CHASING MANAGER Dated: ~ ' 1-1 ~ ~ Approved as to Form LAWNCO l2 BY: Stephanie Hale Q ~`''~ ~o ~~, - ,o~ ~Q >uST 1ST ~ ~~3\,=: ~ ~' ~~ Department pproval ? BY: NAME: yy.,~ '~I w TITLE: t{iNCCfEIi/ ~ r c(~- ~ ~; Qer Dated: 1L61(~ CITY ATTORNEY Ten Mile Interchange Landscape Maintenance Project # 10175 page 8 of 10 Attachment A SCOPE OF WORK REFER TO REQUEST FOR PROPOSAL PKS-11-10175 ALL ADDENDUMS, ATTACHMENTS, RESPONSES, AND EXHIBITS included in the Request for Proposal Package #PKS-11-10175 are by this reference made a part hereof. Ten Mile Interchange Landscape Maintenance page 9 of 10 Project # 10175 MILESTONE /PAYMENT SCHEDULE i Attachment B Total and complete compensation for this Agreement shall not exceed $151,200.00. Totals are per the schedule below. Year four and year five must be approved by Council and modified by written amendment executed by both parties. Amount ESTIMATED MAINTENANCE & LITTER CONTROL FOR FYi 1 (Partial year): ~ $15,000.00 TOTAL FY11 PARTIAL YEAR $15,000.00 LANDSCAPE & IRRIGATION MAINTENANCE: Total Year One (1 for 36 weeks: $21,200.00 LITTER CONTROL: Total Year One (1) for 52 weeks: $18,000.00 ADD ALTERNATE: Weekly Mow of SPUI Islands 32 Mowings, Price Per Year: $5,700.00 ADD ALTERNATE: Deduct, Irrigation Controller Programming, Price Per Year: $500.00 TOTAL YEAR ONE MAINTENANCE ~ $45,400.00 LANDSCAPE & IRRIGATION MAINTENANCE: Total Year Two (2) for 36 weeks: $21,200.00 LITTER CONTROL: Total Year Two (2) for 52 weeks: $18,000.00 ADD ALTERNATE: Weekly Mow of SPUI Islands 32 Mowings, Price Per Year: $5,700.00 ADD ALTERNATE: Deduct, Irrigation Controller Programming, Price Per Year: $500.00 TOTAL YEAR TWO MAINTENANCE $45,400.00 LANDSCAPE & IRRIGATION MAINTENANCE: Total Fifth Year Option for 36 Weeks: y22,2su.uu LITTER CONTROL: Total Fifth Year Option for 52 weeks: _ $18,900.00 HOURLY RATE: Irrigation Repairs: yoo.vv LITTER CONTROL: Off Schedule Hourly Rate: $35.00 Travel expenses (it listed above) will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Ten Mile Interchange Landscape Maintenance page 10 of 10 Project # 10175 Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Sewer and Water Main Easement for Touchmark of the Treasure Valley, LLC MEETING NOTES ~,yv,,,~e~` Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Mernbers of the City Council FROM: Scott Stecldine Land Development Supervisor DATE: 8/1 712 0 1 1 SUBJECT: Sewer and Water Main Easement for Touchmark of the treasure Valley, LLC I. RECOMMENDED ACTION A. Move to: I. Approve two Sewer and Water Main Easement for the Citv of Meridian, located on site of Meadow Lake Village Subdivision, by Thomas J. Moe and Thomas G. Snelrnan. This easement will provide The City of Meridian access to existing sewer and water mains. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Denny Cline, Development Analyst II Approved for Submission: 489-0372 489-0362 489-0369 489-0363 ~~17'll Date 7~~ro Date Pnge 1 of 2 ADA COUNTY RECORDER Christopher D. Rich AI1MOUNT .00 10 OEPUTYAU~k~Al2en11 02:13 PM 'I) ('I~I~~~I~'I~I~I~~I~~I~~~I~~I~~ I~~ RECORDED-REQUEST OF 11106~39~1 Giry of Meridian SANITARY SEWER MAIN EASEMENT THIS INDENTURE, made this 12 day of A~ust, 2011 between Touchmark of the Treasure Valle,, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sanitary sewer main at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of sanitary sewer mains at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs performing other maintenance or making subsequent connection to the sanitary sewer main, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-09 129-09.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GR OR: ~- ~' - ~ '.~. President Treasures STATE OF OREGON j ss County of Washington t On this ~ ~- day of ~U.~it+4L 20 ~ . ,before me, the undersigned, a Notary Public in and for said State, personally app '"wt~,iY~G`* ~`~. 1'~~r= and"" ~~, .~, u~ "w~,i.~I+e l known or identified to me to be the President and Treasurer, respectively, of the corporation that executed the within instmment, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and,, ~ ffix~d my official seal the day and t year fist above written. i ~- oFFICIAt seat NOTARY PUBLIC FOR OR~GON - 4 ~ CNRISTENA ADRIANNE KRIEGER ~~ NOTARY ~~Lh~-~REGON ReSlding at: '4'Yx%.-~'.*(t-% ~?~`~- COMMISSION NO. A42426® MY COMMISSION EXPIRES DECEMBER 16, 2011 COnTTT11SSIOn EXpireS: Est IEa l City of Meridian, Idaho Sanity Sewer and Water Main Easement EASMT.S&W 1-29-00 GRANTEE: CITY OF MERIDIAN Tammy de W~er ,Mayor Attest by 7ay~E;e L. Holman, City Clerk Approve y City Council On: ~' `C,r~ g P ~~;_ ~ ~ / t _ rr ,, ~crr ~,v-r2~,q~`ti v-' ^~ , ~ je! ~` - • ` ~~ ' T n ~7~ ~~ . i ,y ,, ~ ~F.r~{ .~ o %~ '~. ~ ! U ~ ,,. e Y ~ i p/// ~.~~y£J~t ~R~ y i eye °~ ,.,~:, ~„ .,;;,~r~.f,:,,~,~,, STATE OF IDAHO ) ss County of Ada ) On this~~ day of J v ,20 if ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 'J(/, A (()"t53 }fy~I ~..rry, 1}ryJ~~t_J°^,~ t c©',C ( DAM.{~4~"/ ~'~,c [r.Ci^`.^--11 ' ~ S <~ ~ ~ ~ FP ~ °~ NOTARY PUBIC FOR IDAHO `~'^-I ~'`'7,~~ EAL) ~ Residing at: ~~-try` t~ l (~ E~~~~~ `~ " Commission Expires:~_ 1~~ ~ . ~r3 t ~ H ~x E~,~ e ~~~ N , ~~, ~ k'dlv~^„~j~e ~~~~~I&+, 65~+;,~e,~ 3 <~+t]13 r11d City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-09 129-09.doc DESCRIPTION FOR TOUCHMARK, MERIDIAN, IDAHO 2011 SEWER/WATER EASEMENT AUGUST 9, 2011 AN EASEMENT LYING IN THE NW 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NW 1/4 SECTION 16, THENCE N 89°23'35" W 625.37 FEET ALONG THE SOUTH LINE OF THE NW 1/4 OF SAID SECTION 16 TO A POINT; THENCE LEAVING SAID SOUTH LINEN 85°44'30" W 25.58 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF FEDERAL INTERSTATE 84 TO A POINT, THENCE N 00°00'00" E 246.53 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°00'00" W 65.85 FEET TO A POINT; THENCE S 89°23'35" E 167.67 FEET TO A POINT; THENCE N 23°10'23" E 31.68 FEET TO A POINT; THENCE S 89°23'35" E 86.46 FEET TO A POINT; THENCE N 23°10'23" E 222.58 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT 35.01 FEET, SAID CURVE HAVING A RADIUS OF 203.5 FEET, A CENTRAL ANGLE OF 09°51'23", TANGENTS OF 17.55 FEET AND A CHORD WHICH BEARS S 43°03'53" E 34.96 FEET TO A POINT; THENCE S 23°10'23" W 270.74 FEET TO A POINT; THENCE S 89°56'34" W 242.50 FEET TO A POINT; THENCE S 00°00'00" E 22.23 FEETTO A POINT; THENCE N 90°00'00" W 29.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; BEARINGS HEREIN USED ARE BASED ON THE SOUTH LINE OF SAID NW 1/4 OF SECTION 16, BEARING N 89°23'35" W. DEAN W. BRIGGS ...,.5. 3619 i 106U2-3til~i'sAaI;,08692C I l .doc I 03/D )/l l iIN~ iACiL[ \ NUliBER BEARING GISTAIvCE L1 N DO'00'00° 44 65.&6` -~ L7 S fl9'233~ E -~~~-~_..I 167.6T __ L3 N 7.3'10'23" E 31.ti8' ' L4 S 89'23'35" E 86A6' L5 ~ ~-- N 23'IIY23" E ; 222.58' L6 S 23'i C'23" W 270.7A' i~7 _ ILS S 89'56'34" W S 00'00'00" E t292.50' 22.'23' E9- N 90'00'O(i" W 29.00' 'i} \~ C tom, ~ ~i, /, / ° ' ~\..r /~ ii `~ ~ i it ~ /f ~.. ,1~ ! , iv:t ~/ ~ / ,,/ ~;,i r.r . i __--- NIdID f SAIT. ~ i . i ~ ` `% ' lNyZ NU. 79771 ~ i . .. ,~T '; LEGEND . .... ~ / T J t ~ ~~..T L4 __~t, ,(i --- ® found Alun?ir~un CaI? . ,. L2 ~ ' ~ / o Ebund 5/8'x30 P~.onr -- _____ _-J ~ ~ _ , ~ ".~ ; - - - -- 8o,lndary Lne _ v __ _._ . , ~ ;, _ ~1 ~ - - . - ectlczn rze S . r._______ . ,~ L/ _~_~ 7 ~ ~a -- ~ Fxatng Easene~l ~~rl~ L9, ~ ~ ' ~ __-- Proposed Eas x,~( !ue ``-POINT OF I ~ szwfR rsa/r .; 7NSL ND. lP3nm2t7 ~~ Existing 19ater Aga r E3EG!NNING ~ s - _ . -_- EeistiNg Sealer M1triN F ,.<~.,: 9 ~ i ~ Exisk;ng E3~~i}diny i q ~,,,,,~.~.~~, .a i ---•-iYA7FR ESA1T ~ i -~-1~---~ -- NhilD h'EY(AI;Ef./ENT fSAIT. /NS'L NO tP3P5d971 i INST. N(J 1P20671d8 '. ~ .~ i; - - - ,,' * i 100 50 0 X00 200 S00 L.. --r__ -__., _.__ , - I 1 ~~~ r~^~ sc;n~E IN rr~` ~" - TOUCHMARK L.L.C. - MFADOW LAKIi; VILLAGE 7v. ~~ L __` I 1 OF 3 WATER 8c S'EW ER 6ASEM FNT ~~~~ Sa; `. T. +J rip ~ t( ~~> > _,,, .~ ~.,.. on/oB/, 3 am ~ 1 ~osoz i "_ goo' CEN'S'ER 1 f4 C;JRNr R ~4t ..y,, ,y , ,. INC. ENGINF.FftS PUHNERS SJRVEYpRS c - Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Development Agreement for Approval: AZ 09-001 Goff by Garland Goff and Shannon Hamrick Located at 1725 W. Pine Avenue: Request for Annexation and Zoning of 0.76 of an Acre of Land with a C-N Zoning District MEETING NOTES ~'V~',~.Y~! Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT ADA COUNTY RECORDER Chritlopher D. Rich AMOUNT .~ 10 eO~E IQAHO 09!07111 11:1 AM DEPUTY Lisa 6att III I'll'II'~I'III'IIIIIII'I~IIII~I'll ~ pMeridiall~CilyREQUEST OF 111072107 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Virtual Keystrokes, LLC, Owner 3. Shannon Hamrick, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this~_ day of ~ , 2011, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Virtual Keystrokes, LLC, 2010 Mumbarto Avenue, Boise, Idaho 83713, hereinafter called OWNER and Shannon Hamrick, 2010 Mumbarto .Avenue, Boise, ID 83713, Meridian Idaho 83642, hereinafter called DEVELOPER. 1. RECITALS: 1.1 'WHEREAS, Owner and Developer are the sole owners, in law ~~. and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Ownerand/or Developer make a written commitment concerning the use or development of the subj ect Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-5B-3, which authorizes development agreements upon the annexationand/or re-zoning of land; and 1.4 WHEREAS, Developer has submitted an application for re-zoning of the Property described in Exhibit A, and has requested a designation of C-N (Neighborhood Community District) (Municipal Code of the City of Meridian}; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - GOFF (AZ 09-001) PAGE 1 OF 10 .~ 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 7~' day of April, 2009, has approved Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Report requires the Owner and Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER and DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this ~~ Agreement was entered into voluntarily and at their urging and requests; and l .l 0 WHEREAS, City requires the Owner and Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property ownersand toensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. ~~ DEVELOPMENT AGREEMENT -DOFF (AZ 09-001 } PAGE 2 OF 10 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Virtual Keystrokes, LLC, 2010 Mumbarto Avenue, Boise, Idaho 83713, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER; means and refers to Shannon Hamrick, 2010 Mumbarto Avenue, Boise Idaho, 83713, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property ~ located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-N (Neighborhood Community District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. OwnerlDeveloper shall develop the Property in accordance with the following special conditions: 1. Future development of this site shall substantially comply with the conceptual development plan and building elevations included in Exhibits A.3 and A.4 r''~`~ of the Staff Re ort and desi n standards currentl in effect at the time of p g Y Certificate of Zoning Compliance application. DEVELOPMENT AGREEMENT - GOFF (AZ 09-001) PAGE 3 OF 10 2. A Certificate of Zoning Compliance application is required to be submitted to the Planning Department for the change in use and new construction proposed on this site. 3. Direct access to W. Pine is prohibited except for the existing access shown on the conceptual development plan approved with this application. Cross- accessshall beprovided to the property to the west (parcel #S 1211417515) and the property to the east (parcel # S 1211417415) at the southwest boundary of the site for future interconnectivity. A recorded copy of the cross-access agreements} shall be provided with the Certificate of Zoning Compliance application for the change in use of this site. 4. Any existing domestic will system within this proj ect shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at (208) 898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. Contact Robert B. Whitney at (208) 334-2190. 5. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within d months after the date of °'~``~ annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections. (208) 375-521 1. 6. All uses contained in UDC Table 11-2802 for the C-N District are allowed on this site EXCEPT for drinking establishments, fuel sales facilities, drive- . thru establishments, and vehicle washing facilities, which are prohibited. 6. COMPLIANCE PERIODICONSENT TO REZONE:This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner and/or Developer or Owner's and/or Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subj ect Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodificationstherenf. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Ownerand/or Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT - GOFF (AZ 09-001) PAGE 4 OF 10 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner and/or Developer and if the Owner and/or Developer fails to cure such failure within six (6) months of such notice. 8. DEFAULT: 8.1 In the event Ownerand/or Developer, orOwner'sand/or Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement maybe terminated by the City upon compliance with the requirements of the Zoning Ordinance. 8.2 A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's and/or Developer's cost, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance inconnectionwiththe re-zonin g of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City orOwnerand/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Ownerand/or Developer shall have thirty (30) days after delivery ~` of notice of said breach to correct the same rior to h ' p t enon-breaching party's seeking of any remedy provided for herein; provided, DEVELOPMENT AGREEMENT - GOFF (AZ 09-001) PAGE S OF 10 f ~ however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (3 0) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. ~~. 12. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner and/or Developer agrees to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: The Ownerand/or Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Ownerand/or Developer has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 14. ABIDE BY ALL CITY ORDINANCES: That Owner and Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: City Clerk Shannon Hamrick '~` Cit of Meridian 201 M y 0 umbarto Avenue 33 E. Broadway Ave. Boise, ID 83713 DEVELOPMENT AGREEMENT - GOFF (AZ 09-001) PAGE 6 OF 10 OWNER: Virtual Keystrokes, LLC 2010 Mumbarto Avenue Boise, ID 83713 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and .~. provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer of the Property, each subsequent owner and any other person 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 hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. FINAL AGREEMENT: This Agreement sets forth all promises, ''~``` inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, DEVELOPMENT AGREEMENT - GOFF (AZ 09-001) PAGE 7 OF 10 conditions or understanding, either oral or written, express or implied, between Ownerand/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement 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. 20.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT;This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF,. the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER; VIRTUAL KEYSTROKES, LLC DEVELOPER: ~~ !~~~r~ BY:_ / lS e C0~/ illll,j~~~i~~!}t~'~rfr .~ ~ ~~~~'. ATTEST: ~ ~~'`' ~ ' ~~~~ yl^r Al ~ /t~'~us.~t~,,~ ~l.s, ?~7V ~~~~~~ ~ ~le'1'( :fir ~~ 'F. ~~ ~ ~~~ ` ``+.~ ~+, ' ~ ~• •y r' ~s. y r,, '•~ ~ M,~r.n1~ •r ayce Holman, G~ty erk `~' ~' . ~~ ~• ~ w ..~ .~ r~.U ,f rw ti,.~l Y~•~1 j,d '1, ''' '' a ~ ~. DEVELOPMENT AGR~~Ni~l~~~~=~fiiO.~F.,tA~~Q~"0~ ~,:~. • 1~. a',t~~. ~~ •f .lit SHANNON RICK CITY OF MERIDIAN By: - ~G~~~~ Mayor y de Weerd PAGE 8 OF 10 ~/ \ .~ STATE OF IDAHO, ) ): ss County of Ada, ) On this ~ day of ~ 2011, before me, the undersigned, a Notary Public in and or said State, personally appeared `C~ ~ g~ C-,~~ known or identified to me to be the (~~n~ of Virtual Keystrokes, LLC, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~• ~,,A;...~1~ •~ .ti- ,~'• ~S ~AR~ ,~ s -° • C ~ ~, . ~~,~ ~ . .~ ~. .~ . . • ~ ~ Q• • 1 ~ ~"• ~., per,,- ~,. ~. ,.~ • .... .,~,q.~ GF~•• .... STATE OF IDAHO, ) ): ss County of Ada, ) Nary Public or I Residing at: ~-~l,Q,~ ~~o~r~ , ~ ~ My Commission Expires: n~ ,~ 0n this day of nr1~~ , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Shannon Hamrick, known or identified to me to be the person who signed the agreement 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. •`+ON•' • •. • , ~~ ~ ~ i . 1 • r I ,~ • .~~ x ~ N,ot ` Public r Idaho • ~•.~ •'~ ~ ; ~• Residing at: ~~. ~, ti~~~~ My Commission Expires: ~ ~~ • . L~~ ~" • "i. r~ •~~~~,A,rE o ~. •...• DEVELOPMENT AGREEMENT - GOFF (AZ 09-001) PAGE 9 OF 10 STATE OF IDAHO ) ss County of Ada ) On this day of }- _, 2011, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such 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. .•'' IC~~'•• (SEAL). ~- ~ ~9 ~;~ . • i ~~~~• ~ + ,~! ~r ~ r ~ ~ ~ • • - ' • • ~ ,~ • '~,~ ~ ~ 1 ..__ _- • ~ of iDA~•. .~ ary ublic r Idaho R iding at: ~~_,~~~c~ ~ ~_ Commission expires: y~~ ~~i DEVELOPMENT AGREEMENT - GOFF (AZ 09-001) PAGE 10 OF 10 Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Professional Services Agreement Between Mayor's Anti-Drug Coalition and L.E.A.D.E.R.S.H.I.P. 1 st, LLC for Development and Implementation of High School Sports Teams Leadership and Anti-Drug Program for aNot-to-Exceed Amount of $10,500.00 MEETING NOTES Community Item/Presentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT PROFESSIONAL SERVICES AGREEMENT with L.E.A.D.E.R.S.H.LP.1B`, LLC for DEVELOPMENT AND IMPLEMENTATION OF HIGH SCHOOL SPORTS TEAMS LEADERSHIP AND ANTI-DRUG PROGRAM This PROFESSIONAL SERVICES AGREEMENT with L.E.A.D.E.R.S.H.LP. ls`, LLC for DEVELOPMENT AND IMPLEMENTATION OF HIGH SCHOOL SPORTS TEAMS LEADERSHIP AND ANTI-DRUG PROGRAM is made this ~ day of August, 2011 ("Effective Date"), and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City," 33 East Broadway Avenue, Meridian, Idaho 83642, and L.E.A.D.E.R.S.H.I.P. 15`, LLC, a limited liability company organized under the laws of the State of Idaho, hereinafter referred to as "Contractor," whose address is P.O. Box 872, Nampa, Idaho 83653, WHEREAS, City seeks to reduce substance abuse among youth adults by addressing the factors in our community that increase the risk of substance abuse and promoting the factors that minimize the risk of substance abuse; WHEREAS, Contractor is specially trained, experienced, and competent to provide, and has agreed to provide, such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: I. TERMS AND CONDITIONS A. Scope of Services. Contractor shall perform and furnish to City, upon execution of this Agreement, all services, and comply in all respects, as specified in the document entitled "Scope of Services," a copy of which is attached hereto as Appendix A and incorporated herein by this reference. B. Compensation. For services provided hereunder, Contractor shall be compensated in the amount of $3,500.00 per program implemented, not to exceed three (3) programs or ten thousand five hundred dollars ($10,500.00). C. Method of payment. Contractor shall provide City with an invoice for services and/or materials provided during the billing period, which City shall pay within thirty (30) days of receipt thereof. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Contractor. D. Time of Performance. 1. Effective date and expiration. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on September 30, PROFESSIONAL Ssxvtces AGtteEr~tsN'r - L.E.A.D.E.R. S.H.I.P. I ST PAGe 1 of 8 2011, unless earlier terminated or mutually extended. 2. Time of the essence. Services and work provided by Contractor under this Agreement shall be performed in a timely manner as specified in the document entitled "Scope of Services," a copy of which is attached hereto as Appendix A and incorporated herein by this reference. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. E. Independent Contractor. In all matters pertaining to this agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any manager, officer, employee or agent of Contractor shall be deemed an employee of City. Except as expressly provided in Appendix A, Contractor has no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City, F. Indemnification and Insurance: Indemnification. Contractor shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses and other costs including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Contractor and/or Contractor's officers, employs, agents, representatives and/or subcontractors and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property and not caused by or arising out of the tortious conduct of City or its employees. 2. Waiver. Contractor waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Contractor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. 3. Insurance to be obtained by Contractor. Contractor shall obtain and shall maintain, at its own expense, from the Effective Date of this Agreement through termination or completion of this Agreement, each and all of the following: a. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of PROFESSIONAL SERVICES AGREEMENT- L.E.A.D.E.R.S.H.LP. 1 ST PAGE 2 Of S Contractor and its employees, agents, and/or workers, including coverage for owned, non-owned, and hired vehicles, as applicable. b. Workers' compensation insurance. Workers' compensation insurance, in the amount required by law, to cover any and all persons employed by Contractor. 4. Proof of insurance. Contractor shall provide to City, within seven (7) days ofthe Effective Date of this Agreement, written proof that Contractor has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Contractor shall notify City immediately. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. G. Notices: 1. Parties' addresses. Any and all notices, invoices, and/or reports required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: Lt. John Overton Meridian Police Department 1401 E. Watertower Street Meridian, Idaho 83642 Derrick Boles, Manager L.E.A.D.E.R.S.H,I.P.lst, LLC P.O. Box 872 Nampa, Idaho 83653 2. Address changes. Either party may change its address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. H. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. I. Assignment. It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate or sell any of Contractor's rights under this Agreement except upon the prior express written consent of City. PROFESSIONAL SERVICES AGREEMENT-L,E.A,D,E,R,S,H.LP, I ST PAGE 3 of 8 J. Discrimination Prohibited. In performing the services required hereunder, Contractor shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. K. Reports and Information. At such times and in such forms as City may require, there shall be furnished to City such statements, records, reports, data and information as City may request pertaining to matters covered by this Agreement, in addition to the reports enumerated in Appendix A, section IV. L. Audits and Inspections. At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. M. Publication, Reproduction and Use of Material. 1. Development of Curriculum. In developing the Curriculum described in Appendix A, Contractor intends to adapt existing best practice and promising programs and information. Contractor shall obtain all necessary written consents and permissions as may be required by law or industry standard from the author(s) and/or originator(s) of each original program and/or information prior to use pursuant to this Agreement. 2. No copyright. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 3. Ownership. All data and information collected by Contractor shall be owned by City and considered the intellectual property of City, but shall be available for use by Contractor for the limited purpose of assessing the effectiveness of online learning. N. Compliance with laws and industry standards. Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. Contractor represents and warrants that Contractor shall perform all work under this Agreement in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. PROFESSIONAL SERVICES AGREEMENT-L.E.A.D.E. R.S.H.LP, 1ST PAGE40f$ O. Termination. 1. Grounds for termination. Grounds for termination of this Agreement shall include, but shall not be limited to: a. Any act or omission by Contractor and/or her officers, employees, or agents, by which Contractor fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, falsifies any record or document required to be prepared under this Agreement, or engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement. b. A determination by the Meridian City Council that termination of this Agreement is in the best interest of City c. An act or omission by either party which breaches any term of this Agreement. d. An act of nature, loss of grant funding, or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. e. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Notice of termination; cure. Either party may terminate this Agreement by providing fourteen (14) days advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A seven (7) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon provision of written notice of termination. 3. Ownership upon termination. In the event of any termination of this Agreement for any reason and/or by either party, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreement shall, at the option of City, become its property, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. 4. No release of liability; set-off. Notwithstanding the above or any other provision of this Agreement, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contractor, and City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount of damages due City from Contractor is determined. This PROFESSIONAL SERVICES AGREEMENT - L.E.A.D.E.R.S.H.LP. I ST PAGE 5 of 8 provision shall survive the termination of this agreement and shall not relieve Contractor of her liability to City for damages. P. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Q. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its respective attorney andlor has received the opportunity to seek such advice. R. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. S. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. T. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. U. Approval Required. This Agreement shall not become effective or binding until approved by the governing body of City. CONT OR: BY: D rick Boles Manager, L.E.A.D.E.R.S.H.LP. Ist, LLC CITY OF MERIDIAN: ~o`P~ OF ~. ~s~- :Illfl/(f BY: Mayor V - ~~<<~ C xJ,.., . ~.~~~°,. ~; ;ri~q. v: PROFESSIONAL SERVICES AGREEMENT- L.E,A.D,E.R.S.H.LP. 1 ST PAGE 6 of 8 APPENDIX A SCOPE OF SERVICES I. CURRICULUM DEVELOPMENT By August 1, 2011, Contractor shall prepare a curriculum and materials for use by high school coaches and athletes in grades 9 to 12 ("athletes") which curriculum shall target the following key learning outcomes ("Curriculum"); A. Leadership Development. The Leadership Development component of the curriculum will be adapted from L-1 middle school program developed by Damoni Wright. It will focus on developing strong leadership character traits within each participant by providing definitions and personal experiences. This component will focus on decision- making, leadership skills, and character education. B. Drug and Alcohol Education. The Drug and Alcohol Education component ofthe curriculum will be adapted from "Life of an Athlete" content developed by Dr. John Underwood. It is designed to address etiologies and risks of substances used by young athletes and to emphasize the impact of substance use on personal and team performance and goals. This component will focus on education and response to social peer pressures. C. Online resource This is a new addition to the Impact coaching program, empowering and engaging coaches to lead team members to lead and mentor. "The best way to learn ...is to teach for coaches Each coach will be a part of an online program providing skills and tools to become a catalyst for change. II. COACHES' TRAINING By August 31, 2011, Derrick Boles, on behalf of Contractor, shall provide a training session for the high school Fall sport coaches on use of the Curriculum by their respective team's athletes and the coach's role in encouraging and supporting athletes' participation in and completion of the Curriculum as part team membership and participation. The training shall be between 60 and 90 minutes and shall be held at each participating high school. Contractor shall provide each coach attending the training with a Drug and Alcohol coach's manual and certification upon completion of the training session. III. STUDENT ATHLETE EXPERIENCE By August 31, 2011, Derrick Boles, on behalf of Contractor, shall provide a student athlete experience session for the high school fall athletes at each participating high school which will encourage athletes to participate and complete the Curriculum as part of team membership. This educational and informative seminar is designed to build leadership skills and positive decision making skills with the student-athletes population. Designed to be the foundation for challenging athletic value systems, social norms and perceptions. PROFESSIONAL SERVICES AGREEMENT- L.E.A.D.E.R.S.H.LP. I ST PAGE 7 Of S PROVISION OF DATA Contractor shall collect from each athlete pre- and post-program assessment data which shall be used to track the effectiveness of the program based on the participant's responses. At all times during the course of this Agreement, Contractor shall protect the athletes' information and responses using a secure server provided by secureserver.com. By December 31, 2011, Contractor shall provide to City, in a raw data format, ali data and information collected. Contractor shall not be responsible for developing specific reports, providing comparative data, or analysis of data provided. Contractor shall provide all data and information collected in a confidential and timely fashion. PROFESSIONAL SERVICES AGREEMENT- L.E.A.D.E,R.S,H,I,P. I ST PAGE 8 of 8 Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Continued Public Hearing from April 19, 201 1: Precious Metal Dealers Ordinance Discussion MEETING NOTES ~~ ~~I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS July 13, 2011 NAME ADDRESS RE: City of Meridian Precious Metal Dealers ordinance Dear Sir or Madam: This letter and the accompanying materials are provided to you because it is the understanding of the Meridian Police Department that your business conducts transactions involving precious metals. These transactions would be affected by a City of Meridian ordinance that is to be considered by Meridian City Council in the coming weeks. Police Chief Jeff Lavey will present the enclosed draft ordinance to City Council on Tuesday, July 19, 2011, at 7:00 p.m., in City Council Chambers, in Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Though this meeting is open to the public, public comment will probably not be taken at the July 19 City Council meeting. It is anticipated that City Council will invite public comment in the weeks that follow Chief Lavey's presentation. The enclosed draft ordinance is the product of several weeks of discussion and debate by a task force composed of Meridian citizens and business owners who will be affected by the ordinance. Notable aspects of the proposed ordinance include: ® Section 3-9-3(A), requiring the owners or operators of businesses conducting regulated transactions to obtain a City of Meridian Precious Metal Dealer License (or, as to City-licensed pawnbrokers whose transactions include precious metals, a Precious Metal Dealer Endorsement). Section 3-9-1(A), making a distinction between Type 1 Precious Metals (any Precious Metal item other than bars, bullion, coins, or ingots), and Type 2 Precious Metals (Precious Metal bars, bullion, coins, or ingots). ® Section 3-9-4(A), requiring Precious Metal Dealers to transmit records of regulated transactions involving Type 1 Precious Metals to MPD "in the manner and by the method as shall be established by the Chief of Police[.]" To simplify the transmittal process and provide MPD detectives timely access to these records, when the ordinance goes into effect, the Chief will require that records of regulated transactions involving Type 1 Precious Metals be transmitted to MPD using a secure Internet- based program called Leads Online. Registering for Leads Online is simple and free of charge. Information describing Leads Online and how to register is enclosed with this letter. Section 3-9-4(B), requiring that Precious Metal Dealers hold Type 1 Precious Metal items on-site for seven (7) days after acquisition. As the proposed draft is written, no holding period would be required for Precious Metal bars, bullion, coins, or ingots, unless MPD provides notice that the item maybe stolen. I would be glad to answer questions you may have about the proposed ordinance. Information on opportunities for you to provide written and verbal testimony to City Council regarding the ordinance will be available on the City's website (www.meridiancity.org) or through the City Clerk's Office (888-4433) following Chief Lavey's July 19, 2011 presentation. Thank you for your attention to this matter. Sincerely, Det. Laetitia Babcock Meridian Police Department 888-6678 Encl. (2) August 5, 2011 Name Address RE: Update regarding City of Meridian Precious Metal Dealers ordinance Dear Sir or Madam: This letter is to inform you that Meridian City Council will hold a public hearing regarding the proposed City of Meridian Precious Metal Dealers ordinance at their regular meeting on Tuesday, August 23, 2011, at 7:00 p.m., in City Council Chambers, in Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. This meeting will be open to the public, and City Council will consider verbal and written testimony regarding the proposed ordinance at that time. If you wish to submit written testimony, you may do so prior to the hearing by e-mail to clerk@meridiancity.org or by U.S. mail addressed to City Clerk's Office, 33 E. Broadway Ave., Meridian ID 83642. A copy of the ordinance is available online at the City's website: http:/lwww.meridiancity.org, or you may request a hard copy of the ordinance by contacting the City Clerk's Office, via e-mail at clerk@meridiancity.org, or phone, 888-4433. For more information regarding the hearing or submitting written or verbal testimony, please contact the City Clerk's Office. I would be glad to answer questions you may have about the proposed ordinance; you may reach me at 888-6678. Thank you for your attention to this matter. Sincerely, Det. Laetitia Babcock Meridian Police Department 888-6678 Page 1 of 1 Jacy Jones From: Emily Kane Sent: Friday, August 26, 2011 11:17 AM To: Jaycee Holman; Jacy Jones Cc: Bill Nary; Jeff Lavey Subject: Precious Metals Ordinance comment Good morning. Will you please add this comment to the record regarding the Precious Metal Dealers ordinance? I took a call today from a John Taylor regarding the Precious Metal Dealers ordinance. He believes that the ordinance should not be passed. No one testified in favor of the ordinance so by passing it the City would be disregarding the will of the people. This pattern of disregarding public sentiment and over- regulating businesses is why he no longer runs a business in Meridian. Established businesses should be left alone and not asked to keep records or hold purchased items. Rather than require dealers to keep records of transactions, the police should a-mail all possible buyers when a theft occurs and tell them what was stolen so they can avoid buying the items. Record keeping is not useful because thieves selling stolen goods are not going to provide their real name and contact information anyway. He doesn't like the government and wants it to get out of people's lives. Thank youl Emily Emily Kane Deputy City Attorney City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Phone: (208) 898-5506 Fax: (208) 884-8723 E-mail: el<ane@meridiancity.org 8/26/2011 Page 1 of 2 Jacy Jones From: Peggy Gardner Sent: Monday, August 22, 2011 1:51 PM To: 'Matt Zumwalt' Cc: mayortammy; Jaycee Holman; Jacy Jones Subject: RE: Precious Metals dealers Attachments: Proposed Ordinance Pawnbroker's Dealing in Precious Metals.pdf Dear Mr. Zumwalt: Your email has been received by the Mayor's Office. Thank you for taking time to let us know of your concerns with the Precious Metals Ordinance. The proposed ordinance is on the agenda for the City Council meeting tomorrow evening. I have forwarded your email to our City Clerk to be included in the public record. Unfortunately, the Mayor and Council are not allowed to comment on the proposed ordinance out side a public meeting. I have attached a copy of the ordinance for your review. Please let me know if you have any questions; I would be happy to have some one give you a call. Thanks again, Peggy Gardner AdministrativeAssistant to Mayor Tamrny de Weerd City of Meridian 33 East Broad way Avenue Meridian, ID 83642 Phone 489-0529 From: Matt Zumwalt [mailto:lmzumwaltl@msn.com] Sent: Monday, August 22, 2011 9:16 AM To: mayortammy Subject: Precious Metals dealers "We need conunon sense-- remember the first obligation of government is to protect it's citizens." OH! And baby sit us, wipe our noses and hold our hand when we cross the street? Read the constitution and the bill of rights. the FIRST obligation of government is to REPRESENT the people not take care of the people. Step one: get information with regards to who buys and sells precious metals when where and how much. step two: require dealers to report that to the fed and state and municipality. step three: Next thing you know you're paying capital gains on your gold and silver sales. Quite some time back I sold off my stock portfolio. (Look at the market. Can you blame me?) I then took my earnings from that and some savings and invested in gold and silver. When I want some cash, I sell either gold or silver depending on how much I need. No taxes, No paperwork, No governmental inhusion, and a heck of a lot better return. No thank you I have NO desire for Page 2 of 2 ANY part of the Gov. snooping into my investing business. Are you aware the because exact sort of ordinance in other cities and municipalities around this area there is a precious metal "Black nrarlcet?" I know personally of a couple people that do all there transactions one on one with persons in parking lots and parks. "Don't piss down my neck and think me so stupid as to believe you when you tell me it's only rain." I completely understand WHY you are attempting to enact this policy. It makes perfect sense, Yet, the last thing that is needed is further police state intrusion into our lives "for our protection." "Meridian Deputy City Attorney Emily Kane said such concerns are unfounded. Police would not use a dealer's records to boll for information on individuals not suspected of a crime, she said. "It would only involve an active investigation," said Dane." Bull Shit. Want to bet? Qiw~m i G O y w ~' z° op a b y z° r 0 0 ro C ~i yd ~" ti a 0 w p h1 A ~ R~ f~D A Y1 7 W~ W p~ ~ K ~~ ~ a co eo ~ y c •~ ~ c ~ G d ~ K °Q va E. R 0 ~ ~ ~~ " ,~ , R y " ~ ° m . a a r rn ~, ~ ~' ~ R a+ ~ o °~z ~ ° a~~c `< ~° ^c~~ C H te, 'ci b e . ~ ~." d ~~ ~ ~' c'Co ~ ~' 7 coo a~ ° " ~ w n " ~ . O ~ ~ p.~ ro a~a ~ ~. 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'~ co ~ ~ p H l./ ~ ~ FI Page 1 of 2 Jacy Jones From: Steve Strickland [57steve44@gmail.com] Sent: Tuesday, August 23, 2011 2:43 PM To: clerk Subject: Precious Metal Ordinance Council Members, I've read tluough the proposed ordinance dealing with dealers, is a bad proposition. First off, I sympathize with the law enforcement and their job with stolen goods, metals, jewelry, coins etc. I would like to see some presentation of cases that have to do with stolen goods like this and their percentage of recovery. My guess is that only the dumbest of crooks would steal something today and run right down to a dealer to sell it. Kids taking moms jewels to buy drugs or whatever are not going to go to an authorized drug dealer to trade metal for meth. The dealer sure isn't going to take it to a local dealer for sale. Someone stealing in Boise, Caldwell or Nampa isn't going to just run to Meridian because they don't have this ordinance yet. That stuff is going out of state for sale or even melted down and defaced so much there could not be a court case made. For this reason alone I think the ordinance is a waste of time. This whole idea of more licenses and regulations on business is a negative to businesses. Dealers will close their shops and we'll have more vacancies on Fairview/Cherry Lane. This type of thing is a business killer. To be a certified, licensed metals dealer is going to kill the little guys. The entrepreneurs. The metals they take in are all at the risk of hoping the prices will rise. They don't make money when metal prices go down. They lose. Regulate them on top of the loss risk and their desire to own and run a business goes away. They are high risk takers. None of them I've encountered want to go to court to recover the value lost from buying stolen goods. They lose big time with paying out for the metal and then having the police take it as evidence. I don't really believe they want that. They certainly don't want to be buying another license (tax) to stay in business. This is a business killer and business builder. Consider the implications of taking their spending power and idea of the seller taking the money and buying goods, services or paying off bills. The city wants the few dollars from the licenses for the loss of sales taxes and other income. Pushing business out of town isn't what the local government should be addressing. Taking money from someone for a fee or license is killing sales somewhere else. Thieves take the goods and run elsewhere to sell it. Drug users aren't going to a metals dealer to sell it for cash most of the time. They are in a big hurry and will trade it to the pusher who certainly isn't going to run right down to XYZ metal sales for the cash. He's taking all his goods to Reno, Jackpot or even Mexico and selling there. He could even be melting it for ingot sales or pouring it into a different shape. At any rate, that hansaction isn't going to be hw•t by this ordinance. The honest dealer will be. I urge you to put an end to hying this method to collect money (fees) and solve a very minute number of small crimes. Let the entrepreneurs alone. Steve Strickland 57steve44~~~mail.com 8/23/2011 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 23, 2011 ITEM # PROJECT NUMBER 6A PROJECT NAME Precious Metal Dealers Ordinance PLEASE PRINT NAME FOR I AGAINST I NEUTRALI ~i E ~' ~_ Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: $,q PROJECT NUMBER: VAR 08-008 ITEM TITLE: Meridian and Amity Continued Public Hearing from August 17, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right-In / Right-Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right-In /Right-Out, Left-In Access Point at the 1 /4 Mile to State Highway 69 /Meridian Road MEETING NOTES I I~~ /~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT 70 SENT TO NOTES INITIALS STAFF AGENCY APPLICANT CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET SATE August 23, 2011 ITEM # 8A PROJECT NUMBER VAR 08-008 PROJECT NAME Meridian and Amity PLEASE PRINT NAME FOR AGAINST NEUTRAL ~_~ - }~ s ~ ~~,° t 4,~. ~ ~ ,~- _~. Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: $B PROJECT NUMBER: MDA 11-005 ITEM TITLE: Walmart-Overland/Stoddard Public Hearing: MDA 11-005 Walmart-Overland/Stoddard by Walmart Real Estate Business Trust Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan and Certain Sections of the Text of the Agreement in Accord with the Proposed Changes to the Development Plan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes ~~nc1~>1clS ®r~ CI ~c~I (~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: Auaust 23. 2011 ITEM NUMBER: $C PROJECT NUMBER: TEC 11-003 ITEM TITLE: Messina Meadows Continued Public Hearing: TEC 1 1-003 Messina Meadows Subdivision by Brighton Corporation Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes ~rdeN- o~n ~ ~ (~ ~ ~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: $D PROJECT NUMBER: VAR ITEM TITLE: Regency at River Valley Public Hearing: VAR 1 1-002 Regency at River Valley by The Regency at River Valley, LLC Located at 2500 N. Eagle Road Request: Variance to Unified Development Code (UDC) 1 1-3H-4B to Allow a Temporary Right-in/Right-out Access for the Site via N. Eagle Road DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Public Hearing: Proposed Fall 201 1 Fee Schedule of the Meridian Parks & Recreation Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACT/ON DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS I-IEREBY GIVEN pm•suaut to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 7:00 p.m. on Tuesday, August 23, 2011, at Meridian City Aall, 33 East Broadway Avenue, Meridian, Idaho, regarding the 2011 Meridian Parks and Recreation Department Fee Schedule, including proposed new fees as set forth below. Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Deparhnent at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hom•s prior to the public hearing. Used Softballs $1.00 Camp MerIDATeen Winter Edition 10 Da Session-Full Da $166.00 '. Camp MerIDATeen Winter Edition 10 Da Session-Half Da $146.00 Camp MerIDATeen Winter Edition 8 Day Session-Full Da $134.00 Camp MerIDATeen Winter Edition 8 Day Session-Half Da $114.00 Camp MerIDAMoo Winter Edition 10 Da Session Full Da $160.00 Camp MerIDAMoo Winter Edition 10 Da Session Half Da $140.00 Camp MerIDAMoo Winter Edition 8 Day Session Full Da $128.00 Camp MerIDAMoo Winter Edition 8 Day Session Half Da $108.00 Theater 101 for Kids $45.00 Ballroom Dance $30.00 Bell Dance $34.00 Zumba $35.00 DATED this 1st day of August, 2011. PUBLISH on August 8th and August 15th CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET ®ATE August 23, 2011 ITEM # 8 PROJECT NUMBER PROJECT NAME Fall 2011 Parks Fee Schedule FOR I AGAINST I NEUTRAL) ~.. ~_ Meridian City C®uncil Meeting ®,4°fE: August 23, 2011 Il°EIVI NUIVIEFt: PR®JECT NUM ER: CITY OF MERIDIAN RESOLUTION NO. W BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on August 23, 2011, the City Council of Mer7dian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section I. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in ExhibitA hereto, is hereby adopted. Section 2. That the Meridian Parks and Reareation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 23rd day of August, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of August, 2011. APPROVED: a~,u~nun ~ Z r ~l 1` r (eq ~ ~ ~~. ~ i `y"' `~anty~ e~ . eerd, Mayor F a° _ t r,~r ~,~ty = R r, ~ ,,? ? f Clty Jerk s#1 , C ~•`~{ y, `~~ ~i;~ ~~did'~G ~ ~ `` 1~~~iiuti n~~~~~~~~~~ ADOPTION OE FEE SCHEDULE OE MERIDIAN PARKS Rc RECREATION DEPARTMENT PAGE 1 FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT Meridian Parks and Recreation 2011 Fee Schedule = Denotes fee change/additionhemoval Activity Current Fee Proposed Fee % Change Vollevbal I Competitive (Men's, Women's, Co-Ed) Team Fee 10 games + tournament) $180.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 Late Fee $30.00 Basketbal I Men's, Women's, Men's Over 40 Team Fee (10 games + tournament) $475.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 Late Fee $50.00 Spring Softball Men's, Women's, Co-Ed Team Fee (10 games + tournament) $450.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 Late Fee $50.00 FaII Softball Men's, Women's, Co-Ed Team Fee (8 games) $220.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 ASA Fee (if team is not already registered) $12.00 Late Fee $50.00 Softball Tournaments Field Rental for tournament (per hour) $5.00 Field Prep for tournaments (per hour) $15.00 Softball E ui merit ' NEW Used Softballs (each) $1.00 "NEW Girl's Spring Fastpitch Softball (U1Q U12, U14, U16, U18) Team Fee (ASA Fee not included) $420.00 Late Fee (per team) $50.00 Girl's Fall Fastpitch Softball (U10, U12, U14, U16, U18) Team Fee (8 games) $220.00 MPR Fee Schedule 8/23111 Activity Current Fee Proposed Fee % Change Resident Player Fee $10.00 Non-Resident Player Fee $20.00 Late Fee (per team) $30.00 Men's Fastoitch Softball Men's Fast Pitch Tournament-Team Fee $250.00 Men's Wooden Bat Tournament Team Fee $250.00 Dodgeball (Co-Ed, Open) Team Fee (8 games + tournament) $150.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 Late Fee (per team) 30.00 Flaa Football (Men's, Women's Co-Ed) Team Fee (10 games + tournament) $375.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 Late Fee (per team) $50.00 MPR Fee Schedule 8(23/11 Activity Current Fee Proposed Fee % Change Shelter Fees: Extra Picnic Tables $3.00 Alcohol Permit (5 hr. time block) $20.00 Amus. Equip./Lrg Canopies (5 hr time block per item) $10.00 Amplified Sound Permit (per day) $20.00 Short Term Concessions Permit (per day) $10.00 Short Term Concessions Permit (annual) $100.00 Storey Park (Blue & Green Shelter) Shelter Rental (1-50 people) $ 30.00 Shelter Rental (51-100 people $ 45.00 Shelter Rental (101-150 people) $ 60.00 Shelter Rental (151-200 people $ 75.00 Softball Field Rental (per hour) $ 10.00 Softball Field Lights (per hour) $ 15.00 Volleyball Equipment (5 hr time block blue shelter only) $ 10.00 Tully Park Small Shelter Rental (1-50 people) $30.00 Large Shelter Rental (1-150 people) $60.00 Large Shelter Rental (151-200 people) $75.00 Large Shelter Rental (201-250 people) $90.00 Large Shelter Rental (251-300 people) $105.00 Softball Field Rental (per hour) $10.00 Volleyball Equipment (5 hr time block large shelter only $10.00 Multi-Use Fiend Rental (per hour) $10.00 Chateau Park Shelter Rental (1-30 people) $30.00 Multi-Use Field Rental per hour) $10.00 Settlers Park Shelter Rental 1-50 people) $30.00 Shelter Rental (51-100 people) $45.00 Shelter Rental (101-150 people) $60.00 Shelter Rental (151-200 people) $75.00 Multi-Use Field Rental (per hour) $10.00 Baseball/Softball Field Rental (per hour) $10.00 Heroes Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people) $45.00 Shelter Rental (101-150 people) $60.00 Shelter Rental (151-200 people $75.00 Shelter Rental (201-250 people) $90.00 Shelter Rental (251-300 people) $105.00 Multi-Use Field Rental $10.00 MPR Fee Schedule 8/23/11 Activity Current Fee Proposed Fee % Change Seasons Park Shelter Rental (1-30 people) $30.00 Multi-Use Field Rental (per hour) $10.00 Gordon Harris Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people) $45.00 Multi-Use Field Rental (per hour) $10.00 Bear Creek Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people) $45.00 Softball Field Rental (per hour) $10.00 Multi-Use Field Rental (per hour) $10.00 Champion Park Shelter Rental (1-30 people) $30.00 Multi-Use Field Rental (per hour) $10.00 Renaissance Park Shelter Rental (1-30 people) $30.00 Multi-Use Field Rental (per hour) $10.00 Jabil Park Multi-Use Field Rental (per hour) $10.00 Heritage Middle School Ball Fields Softball Field Rental (per hour) $10.00 Generations Plaza Stage and Grass Area Rental (per hour) $10.00 NEW Special Events Meridian Barn Sour 1 Mile Fun Run $10.00 6k/10k Run $20.00 1 Mile Fun Run Late Registration $15.00 6k/10k Run Late Registration $25.00 Boise Nawks Family Night $10.00 Meridian Christmas Street Faire Vendor Fee (10'x10' or smaller) $25.00 Vendor Fee (larger than 10'x10') $50.00 MPR Fee Schedule 8/23111 Activity Current Fee Proposed Fee % Change Cam s Camp Mer-1DA-Teen Winter Edition 10 Day Session Full pay N/A !$166.00 'NEW Camp Mer-1DA-Teen Winter Edition 10 Day Session Half Day N/A $146.00 NEW Camp Mer-IDA-Teeri Winter Edition 8 Day;Session Full Day NA $134.00 '` 'NEW Camp Mer-1DA-Teen. Winter Edition 8 Day Session :Full Day N/A ':$114.00 ':NEW Camp MerldaMoo Winter Edition 10 Day Session Full Day N/A $160.00 ' NEW Camp MerldaMoo Winter Edition 10 Day Session Half Day N/A =$140.00 NEW. Camp MerldaMoo Winter Edition 8 Day Session FuIIj,Day N/A "$128.00 NEW Camp MerldaMoo Winter Edition 8 Da Session Half Day N/A `$108.00 ''NEW Camp MerldaMoo (1 wk 7:30-5:30) $94.00 Camp MerldaMoo (1 wk 9:00-3:00) $74.00 Sports Camps $39.00 Outdoor Adventure Camp $160.00 Winter Adventure Camp $96.00 Christmas Art Camp $45.00 Whitewater Sampler Camp $395.00 Kayak Skills Development Camp $495.00 Jump Rope Camp $39.00 Camp MerldaMoo Winter Edition (7:30-5:30) $75.00 Camp MerldaMoo Winter Edition (9:00-3:00) $65.00 Camp MerldaMoo Spring Break (7:30-5:30) $84.00 Camp MerldaMoo Spring Break (9:00-3:00) $64.00 Bogus Basin Mountain Discovery Camp $140.00 Babysitting Boot Camp $40.00 Teen Belly Dance Camp $50.00 Activit Guide Classes Theater 101 for Kids N/A $45.Od `NEW Ballrodm Dance Classes '$ 25.00 i $30.00 20% Belly dancing '$ 32.00 `$34.00 6% Zumba '$ 30.00 $35.00 "17% Adult Aerobic and Dance Class $ 35.00 Adult CPR/AED $ 50.00 Adult Golf $ 50.00 Adult Watercolor $ 49.00 Amazing Athletes $ 50.00 Art Academy Saturday Class $ 45.00 Awash in Watercolor $149.00 Bab Si ns-Sign, Sa and PIa $44.00 Ballet $50.00 Beginning Jewelry Making-Youth $47.00 Beginning Modeling $65.00 Beginning Piano $100.00 Be inning Sewing $49.00 Building Blocks Lego Class $45.00 Capturing the Light in Floral Still Life $65.00 Christmas Crafts Preschool Class $24.00 Complying with Contractor Registration law $15.00 MPR Fee Schedule 8/23111 Activity Current Fee Proposed Fee % Change Composition in Landscape $75.00 Creative Beading & Jewelry Making $56.00 Creative Children's Dance: Ballet $38.00 Crochet Basics $20.00 Drawing Floral Arrangements $ 65.00 Drawing for Comic Books $ 45.00 Drawing for Painters $ 75.00 Dynamics Of Light Filled Landscape Painting $ 99.00 Empathy Practice Group $ 10.00 Essential Oils Class $ 10.00 Estate Planning-Considerations for Minor Children $ 15.00 Estate Planning-Do you need a trust? $ 15.00 Exploring Art for Youth $120.00 Fall Recovery $60.00 Family Fun Art $6.00 Family Rafting Trip $40.00 MPR Fee Schedule 8123/11 Activity Current Fee Proposed Fee % Change Family Spanish $35.00 Family Tang Soo Do $35.00 First Aid $40.00 Fishin Class $8.00 Healthy Pregnancy Class $20.00 Hike With a Ranger $8.00 Infant/Child CPR $50.00 Interpreting aPhoto--Painting Workshop $75.00 It's About Couples $29.00 Japanese Classes $45.00 Jewelry Class $ 25.00 Jump Jive Preschool Class $ 29.00 Kettlebell Boot Camp $ 64.00 Kids Gun Safety $ 23.00 Kids Safety and Awareness $ 23.00 MPR Fee Schedule 8/23/11 Meridian City Council Fleeting ®,4TE: August 23. 2011 I°(Enll NlJ(VIER: ~~®JECT ~u~t~~: Z®A 11-003 ITEM TITLE: UDC Text Amendment -Wine and Beer Public Hearing: ZOA 1 1-003 UDC Text Amendment -Wine and Beer Shops by Meridian Planning Department Request: Amend the Text of Certain Sections of the Unified Development Code (UDC) to Allow for Retail Wine and Beer Shops to Offer Servings of Such for Purchase by the Bottle or Glass E-MAILED TO SENT TO SENT TO DATE: STAFF AGENCY APPLICANT NOTES INITIALS CITY F MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 23, 2011 ITEM # PROJECT NUMBER 8G ZOA 11-003 PROJECT NAME UDC Text Amendment -Wine and Beer Shops PLEASE PRINT NAME FOR AGAINST NEUTRAL 4~ s._w ~ ~, ~ ~~ ~_~ > ,, v... ILL / ~ i~^`. `".4. ~:: ~ f t (! ~ `~ ~F ~__ iVleridian Cify Council ll~eefing ®ATE: August 23, 2011 17EIIil NutIiIEFt: 8H ®J~c~ r~unnl3~~: ®A 11-004 ITEM TITLE: UDC Text Amendment -Water Landscapes Public Hearing: ZOA 1 1-004 UDC Text Amendment -Water Conserving Landscapes by Meridian Planning Department Request: Amend the Text of Certain Sections of the Unified Development Code (UDC) to Encourage the Use of Water-Conserving Landscape Designs MEETING NOTES i ,,f, i , Community Item/Presentations Presenter Contact Info./Notes CLERKS ®EF/CE FINAL ~C~-,o~ DATE: E-MAILED TOI SENT TO I SENT TO NOTES INITIALS STAFF AGENCY APPLICANT CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET ®ATE August 23, 2011 STEM # PROJECT NUMBER 8H ZOA 11-004 PROJECT NAME UDC Text Amendment -Water Conserving Landscapes NAME FOR I AGAINST I NE r I(~e~°®dian City C®uncil Meeting ®,4l'E: August 23, 2011 Il'EIl~ IVUiVI : e~~®J~~~' Iyt1n~I~E~: Z®A 11-005 ITEM TITLE: UDC Text Amendment e Dispatch Centers Public Hearing: ZOA 1 1-005 UDC Text Amendment -Dispatch Centers by Meridian Planning Department Request: Amend the Text of Certain Sections of the Unified Development Code (UDC) to Allow for Dispatch Centers for Mobile Services MEETING NOTES r ~>,&~n f Community Item/Presentations Presenter Contact Info./Notes ~es~ er, ~,~ ~ 1 ~ ~ << CLERKS OFF/CE F/NAL ACTON CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 23, 2011 ITEM # 81 PROJECT NUMBER ZOA 11-005 PROJECT NAME UDC Text Amendment -Dispatch Centers PLEASE PRINT NAME FOR AGAINST NEUTRAL ~~~~ ,, ~, ~: .rv , ~~~r~~ F ~ ;~ , - Meridian City Counoii Meeting ®ATE: August 23, 2011 I°f~IVI NUIVII3ER: DATE: E-MAILED TO~ AGENCY APPL CANT NOTES INITIALS STAFF Landscape improvements to the Lakeview Golf Course Frontage Scope of Worlc Overview: The City of Meridian and Ashford Greens HOA in Meridian intend to develop a partnership that will share the cost of landscaping, with sprinklers and grass the undeveloped City owned parcel (51203314900) along W. Dawson Dr., Meridian. Also there is a 20' wide by 150' long gravel area parking area between the aforementioned parcel and the Golf Course enhance drive that will be included in this scope. Responsibility Ashford Greens: The Homeowner's Association will, at their expense, install an automatic underground irrigation system with head to head coverage in the entire parcel and the gravel parking area. All maurline piping shall be PVC buried at an 18" depth. All lateral line piping shall be PVC buried at a 12" depth. Valves and heads shall be Rainbird commercial grade or equal. The HOA will connect the new irrigation to their source of water and cap the Golf Course irrigation source near the entrance drive. As part of irrigation improvements the HOA will install new irrigation to the comer by the dumpster enclosure that currently has turf grass. The HOA is responsible to call dig line prior to trenching to identify underground utility locations. All trenching for irrigation lines that run on top of Nampa Meridian Irrigation's delivery system shall be hand dug to avoid damage. It is the responsibility of the HOA to repair, at their cost, any damage incurred by trenching operations. Cost: $5,700 City of Meridian: Upon completion of the irrigation system and acceptance, the City will provide and install sufficient topsoil to raise the gravel parking area by 1' and slope to grade and amend existing site soil and grade flat for sod. The City will provide and install sod in the affected bare area, Along the parking lot entrance where the soil is bermed and the sod is planted, the City will provide and install four (4) boulders that weigh approxamtly 3,000 lbs each. Cost from Parlcs and Recreation operating budget: $6,850 tL o N O r O N r 4 i~ O M O C f~ L ;_ DRAFT PROPOSAL TO CITY OF MERIDIAN/LAKEVIEW GOLF COURSE A) unmaintained Property on Dawson There is a piece of unmaintained and non irrigated property between Ashford Greens Subdivision (AG) and the irrigation canal running along the side of the Lakeview Golf Course {LGC) on Dawson {see photos 2, 3, 4, and 5). This piece of property is owned by the City of Meridian and is not part of the LGC lease. This property is an eyesore for LGC customers and the residents of AG. It is about 200 feet long and 30 feet wide. Ashford Greens is proposing to seek a 30 year lease for this property at a cost of $1 per year [the city is not allowed to sell this property]. AG would provide the funds to install an irrigation system on this property and connect it to AG's irrigation pump. Grass would also be planted on this property. AG would provide the landscape maintenance for this property. There might also be same shrubbery planted near the side walk side of the property at the north and south ends. We would insure that it would not encroach the irrigation canal right-of-way. AG currently irrigates and maintains the grass between the sidewalk and Dawson and at the south end of the property [see Photos 2 and 5]. LGC maintains the property at the north end of the property. This is estimated to cost about $3500.00 for the installation of the irrigation system. This cost would be borne by AG. There would be the need to loosen the top soil and possibly bring in some fill dirt to smooth the transition to the golf course property. We would like the City of Meridian to provide the land preparation, fill dirt and seeding for the grass. This is estimated at $1500.00. B) Intertace of unmaintained Property and Lakeview Golf Course Property There is an interface with LGC property and 4he City of Meridian property along the east side of the irrigation canal. There is a driveway gcing to the LGC Maintenance Building and the parking lot for the club house for LGC [see Photo 4]. For many events at the LGC club house cars will park [perpendicular 4o the pavement] along the side of this driveway in an ungraded gravel space along the driveway. We are proposing that the City of Meridian provide the funds for labor and material to grade this space for suitable parking and provide a smooth transition between the parking area and the newly landscaped property in Part A. This should also include curb blocks in the parking spaces 4o prevent cars from exiting over the grass or mistakenly rolling down the slight grade. This would provide a more aesthetic intertaCe between the Property (Part A) and the LGC property. There is also a triangular shaped piece of LGC property east of the transformer box [see Photos 2 and 4] that appears to be non irrigated. This should b e irrigated by LGC or the City of Meridian. All of these improvements should cost about $1500.00(7). This would provide a nice looking intertace between the newly landscaped property teased to AG and the LGC property. John Goade, President Ronald Howell, Secretary Ashford Greens Home Owners Association Board of Directors August 12, 2011 PI Photo 2 Looking South on ~aw$mn 4 Phato 3 Golf Course Maintenance Barn Property Requested Photo 4 tJnmaintained Property Looking North 5 Phofio 5 L,oakin North at Int~r~ac~ of A and ~roperiy Roqua~4acB Meridian City Council Meeting ®,4TE: August 23. 2011 ITEM Nl1MEEF2: PR®JECT IVIJMEER: ITEM TITLE: Public Works/Building & Development Services Department Report: Professional Services Contract Renewals for Mechanical, Electrical, Plumbing, Fire, and Structural Inspectors MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TO I AGENCY I APPLICANT ( NOTES I INITIALS V ~ .. ~ ~ ~ L ~~ V .~ ^~ ~~ .O L ~ ~ i a O :I-=+ V L (Q O .~ V Cn 0 ,--~ O N M a--+ Q ~~ Z~ Q~ w ~. a~ L 30 Qo a~ N i C ~ N~ ~~ ~~ ~O Q Z ~ ~ ~ O U -~ ~ ~ ~ ~ C ~ O ~ G~ ~ N ~ a Q L Cl c~ (a ~-p O O ~? *+ ~ a 0 ~ z c .. 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V a,, ~ C N .~ ~ ~ try ,~ '~'' :~_+ .~, ~ to O 'j ~~1 ~ ~ ~~' Q~~N ~ ~ ~ L 0~ ~ 0 ~ cn NL ~0 L Q ~ ~_ ~ ~ ~ X ~ cn ~ cn ~ •- L •- ~ ~ ~ cn ,~,,, .,,.., L a..., ~ a ~: ~~~~~~ ~~~~ ~ v ~ r~ ~ Z oC~~-~~Q~ D~oC~~c~n LL c z Q w ~. °' o ~ ~ ~~~.~ ~~ > 0 ~ ~ ~ ~ ~ ~ ~~~ ~ ~~ ~ ~ ~'~ ~ ~ ~ ~ N ~ N ~- ~ ca y- ~~ ~~ ~ 0 ~ ~ ~ > ~ v ~ ~ ~ cv a~ V - ~ V .~ ~ ~ ~ ~ ~ ~ ~ ~ N~ cn fa ._ a~ a~ ~ a~ o ~ ~ ~ .i ~ ~ ~O~ ~ Q ~ ~ ~ O oC ~ cn ~ ~~~ O ~~ a~~, ~ L .1^~ c~ O ~ ~ ~ ~ ro _ ~ ~ ~ ~~o.~ ~~•~ ~a~ ^- V V ~?'a~~ ~'~ ~~ L ~ ~A a ~~~.N a ~ ~ °' ~ ~ ~ oC ~ cr) .~.~ cn oC ~ ~ z ~. (~ a .;. .;. .;. Z Qm w Meridian City C®uncil Meeting DATE: August 23, 2011 Il°ENI tdUM13ER: PR®JCT fVU1VIEER: ITEM TITLE: Clerk's Office: Approval of New Beer and Wine License for Wood-Wood Inc., dba Beef O'Bradys Located at 1505 S. Eagle Rd. # 190 MEETING N®TES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION Meridian City G'ouncil Meeting DATE: August 23, 2011 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: First Reading Ordinance No. ~'~ ~ `1 ~l1 : An Ordinance Amending Meridian i y o e ection 3-5-2(A), Regarding Pawnbrokers Dealing Precious Metals; Amending Section 3-5-9(B)(4j, Regarding Pawnbroker Records; Adding a New Chapter, Chapter 9 to Title 3, Meridian City Code, Regarding Precious Metal Dealers; Providing a Severability Clause; and Providing an Effective Date MEETING NOTES S @_CuY~~ Y'2cxC~ ~~~ b~1 ~ I (~ ~ l1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Ordinance No. / ~' ~!1 `"1 An Ordinance Amending Title 1, Chapter 7, Section, Paragraph (Aj (2) of the Meridian City Code, Regarding Time of City Council Workshop MEETING NOTES Community Item/Presentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT CITY OF MERIDIAN ORDINANCE NO.--~~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTION 5, PARAGRAPH (A) (2) OF THE MERIDIAN CITY CODE, REGARDING TIME OF THE CITY COUNCIL WORKSHOP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the City Council determines the time for City Council meetings; and WHEREAS the City Council has decided to move the monthly workshop meeting to a time more available for staff to attend; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 5, Paragraph (A)(2) of the Meridian City Code is amended to read as follows: 1-7-5: CITY COUNCIL MEETINGS: A. Time And Place Of Regular Meetings: 2, The city council shall also meet on the second Tuesday of each month in a workshop format beginning at si~aelee#-(Er:00) three o'clock (3:001 P.M. Land use hearings will not be held at these workshops unless an urgent need exists to require it. Workshops maybe held in a more informal manner than a regular meeting. Section 2. That this ordinance shall be effective upon approval and publication. PASSED by the 2011. APPROVED by ~~ ST , 2011. City Council of the City of Meridian, Idaho, this Z2J ~ay of the Mayor of the City of Meridian, Idaho, this o~3 day of Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Ordinance No. ~~~: An Ordinance Amending Ordinance No. 10- 1456, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2010 and Ending September 30, 201 1 Appropriating Monies That are to be Received by the City of Meridian in the Sum of $2,337,252.00 and Allocating Expenditures MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ''.. '.. CITY i?T' MERIDIAN OR'DLi~YANCP. NO. I / -/ ~'9O BY Tlil. CTTY COUNCIL: BIRD, HOAGLUN, ROUNTREE, GAREMSA AN ORDINANCE OF TIME CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 10- 1456, THB APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER I, 2010 AND F,NDING SEP7"EiVIBP.,l2 30, 2011. APPROPRIATING MONIES THAT ARE '1'O BE RECEIVED BY THF, CITY OF' MERIDIAN, IDAHO IN THE SUM OF $2,337,252 AND ALLOCATING EXPENDITURES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCII~ OP THE CI'CY OT MERIDIAN, ADA COCINTY, STATE OF IDAHO: Section 1. That Ordinance No. 10-1456, the appropriation ordinance for the City of Meridian, Idtrho, Ibr the fiscal year commencing OcTOher 1, 2010 and ending September 30, 2011 be and the same is hereby amended as follows. City of Meridian FY 2011 Proposed Amendment City of Meridian FY2011 Budget Notice FY2011 FY2011 FY2011 Approved Budget Amendments Proposed Budget Revenues Fire Police Parks Total Revenue Expenditures Personnel and Operating Fire Police Parks Total Personnel and Operating Capital Fire Police Parks Total Capital Total Carryrorward $ 345,000 $ 345,000 $ 60,000 $ 60,000 $ 865,000 $ 865,000 $ 1,270,000 $ - $ 1,270,000 $ '20,000 $ 20,000 $ - $ zn,ooo ~ - $ 20,000 $ - $ - $ 500,000 $ - $ 500,000 $ 500,000 $ - $ 500,000 $ 546666 $ (5,906) $ 540,760 AME.NDiVIFNT TC7 BUDGET ORDINANCE NO. 10-1456 - Page. I of 5 Total Expenditures $ 1 006 666 $ ~5 906) $ 1,060,760 Transfers $ --_-- ---.-_-- ~ ---...-_~ __-- Total Expenditures with Transfers $____ 1,066,6G6 $ _ (5,906) $ 1,060,760 (Use)/Addition of Fund Balance $ 203,334 $ 5,906 $ 209,240 FY2011 FY2011 FY2011 Ap proved Budget Amendments Pro posed Budget Revenues Building Revenue $ 1,87Q000 $ 513,211 $ 2,383,211 Other Revenue $ - 332,000 _ - __ 5___ -. _., . _ 332,000 Total Revenue $ 2,202 000 $ 513,211 $ 2,715,211 Expenditures Total Personnel and Operating $ 2,014,072 $ 207,964 $ 2,222,036 Total Capital $ - $ - $ - Total Garryforward $ 150,000 $ - $ 150,000 Total Exponditures $ 2,164,072 $ 207,964 $ 2,372,036 Transfers $ ..-,...--._ 136,197 .,.,., ~___ 600,722 $,_____ 736,919__.. Total Expenditures with Transfers $ 2,300,269 $ 808,686 $ 3,108,955 (Use)/Addition of Fund Balance $ (98,269) $ (295,474) $ {393,743) Capital Ir'npravemer# Fund - 65 ,, FY2011 FY2011 FY2011 Approved Budget Amendments Proposed Budget Revenues Total Revenue $ - $ - Expenditures -_ _- - - l'otal Personnel and Operating $ - $ - $ - Tota) Capital $ 1,678,767 $ 1,678,767 Total Carryforward $ - Total Expenditures $ - $ 1,878,767 $ 1,678,767 AMBNDMENT' TO I3tIDGET ORDINANCE NO. ] U-1456 -Page 2 of" 5 Transfers _~._-.-- ---..'...._ $ _ .___~E00,722}_..,,.,,. ,,.,_$ ----{G00,722 _ TotalExpenditureswithTransfers $ ~ -_ $ 1,078,045 $ - 1,078,045 (Use)/Addition of Fund Balance $ - $ (1,078,045) $ (1,078,045} FY2011 FY2011 FY2011 Approved Budget Amendments Proposed Budget Revenues Water/Sewer Sales $ 19,200,000 $ 19,200,000 Other Sources $ 4,240,000 $ 8,480 $ 4,248,480 Total Revenue $ 23,440,000 $ 8,480 $ 23,448,480 Expenditures Persorn7el and Operating Utility Billing Public Works Water Wastewater Total Personnel and Operating Capital Utility Billing Public Works Water Wastewater Total Capital Carryforward -Operating Carryforward -Capital Total Carryforward Total Expenditures Transfers Total Expenditures with Transfers (Use)lAddition of Fund Balance $ `194,295 $ - $ 794,295 $ 3,628,774 $ 894,001 $ 4,522,775 $ 5,7G5,154 $ (519,043} $ 5,24E,111 $ __ 7,605,890 $ __...{481,853_ _- _-7,1.24,037 $ 17,794,113 $ (106,895) $ 17,6II7,218 $ - $ - $ - $ 65,920 $ (15,000} $ 50,920 $ 2,315,600 $ 127,000 $ 2,442,600 -$--_ ---_5,1.81,790 $ _.__ .--_-.... 25,000 $ 5,206,790 $ 7,563,310 $ 137,000 $ 7,700,310 $ 1,165,938 $ (655,572) $ 510,36E $ 7,223,421_ $ (2,801.608 $ 4,421,812 8,389,358 (3,457,180) 4,932,178 $ 33,746 781 $ (3,427,075) $ 30,319,70E _ 3 1,310,298 $ _.-... ---__.-- $ -_- _ _-- 1 310,298 $ 35,057,079 $ (3,427,075) $ 31,G30,004 (11,G17,079) $ 3,435,555 $ (8,181,524) Total Budget- General fund{01,08,20) FY2011 FY2011 FY2011 Revenues Total Revenue Approved Budget Amendments Proposed Budget _ $ 27,247,097 $ 251,868 $ 27,498,965 AMENDMENT TO BUDGET ORDINANC".E N0. '10-145G -Page 3 of S Expenditures ( Total Personnol and Operating Total Capital Total Carryforward $ 26,7Ei4,013 $ 4,429,202 $ 31,193,215 $ 1,670,580 $ 760,577 $ 2,431,157 2 851 153 (532 7'18) 2,31$435 Total Expenditures $ 31,285,746 $ 4,657,061 $ 35,942,807 Transfors $ (1,446494_ __$__ _ - $ .,_ (1446,494)_ Total Expenditures with Transfers $ 29,839,252 $ 4,657,061 $ 34,496,313 __ {Use)/Addition of Fw7d Balance $ (2,592,155) $ {4,405,193) $ (6,997,348} FY2011 FY2011 FY2011 Approved Budget Amendments Proposed Bud ei~ Revenues Total Revenue $ 54,159,097 $ 773,559 $ 54,932,656 Expenditures Total Personnel and Operating $ 46,592,198 $ 4;530,271 $ 51,122,469 Total Capital $ 9,733,890 $ 2,576,344 $ 12,310,234 Total Carryforward $ 11 937,177 $ {3,995,804) $ 7,941,373 Total Expenditures $ 68,263,285 $ 3,110,811 $ 71,374,076 Transfers $ 1 ~ _ _____._____-- Total Expenditures with Transfers $ 68,263,266 $ 3,110,811 $ _ _,,71,374,077 (Use)/Addition of Fund Balance $ {14,104,169} $ {2,337,252) $ (16,441,421) That the stiun oi~ $2,337,252 be al7prol~riated otrt of the revenues front Ennd Balance and Other Sources tmd l;`ees; to be used fir auihcn'ized activities. Section 2. T9iis Ordniance s1iii11 he in full force and effect from anti alter its passage, approval and publication, according to law. Fr1SSED by the C',ify Council of the City of 1\2eridian, Idaho, Yhis ~a5 of "~ , 2011. AMENDMENT TO BLJDGE't ORDINANCE NO. 10-] 456 -Page 4 of S APPR(3VED by ~ _-~ 2011. AT'T'EST': JA the >4layor of the City of Meridian, Idaho, this ~ ay of CITY AMI?NDMEN'1` TO BUDC,FT QRD7NANCF, NC). 10-1456 -Page 5 of S APPROVF.,~: NOTICE ANI) PIII~r.ISxED SIJ.RI141ARY OF ORDINANCE PURSUANT TO LC. ~ 50-9(U(A) CITY OP' MERIDIAN ORDINANCE N0.11- ~ ~~ U _ PROVIDING FOR AN A'MENDMEN'T TO ORDINANCE NO. 10-146 An Ordinance of'the City of Meridian providing for the adoption of ail amendment to the budget and the appropriation of exponditures oi' $2,337,252, to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and ul the certain amounts herein specified fm' the fiscal year beginning October 1, 20I0 and ending an September 30, 2011. A foil text of this ordinance is evadable for inspection at City Hall, City of• Meridian, 33 East Broadway Avenue, Meudian,,idalu~ 'IIt~~ ordinance shall become effective upon the passage and publication. Mayor ~in~City Caimcl By: Jaycee L. Hohuan, City ~a t t. <'r C ; t5 ,.' :, ti~t~t~f First Reading: ~'_ ~'7~=( " ~zy, Adopted atler first reading by suspeusian of f 50-902: YES ~ NO Second Reading: 'Chircl Reading: _ ~~ 1 Rule as allowed pursuant to Idaho Code STATEMENT OF MERIDIAN CITY ATTt1RNEY AS TO ADEQUACY OI+ SUMMARY 07? ORDINANCE NO. II-~~___..___ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the Legal advisor oP the City and has reviewed a copy of the attached Ordniance No. I1-_ -~ afthe City of Meridian, Idaho, and has fomld the same to be true and complete and provides adequate notice to the public pursuant to Idaho Coda § 5O-901tA (3). DATE10 this ~r ,day afAugust, 2011 w ~;~,~> e.i~ ~ ~ ~ ~3 William. L.,.M, Nagy `r,~ BUDGET AMENDMENT ORDINANCE SUMMARY FY201'1, - 1 of 1 City Attorney Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: 10D PROJECT NUMBER: ITEM TITLE: Ordinance No. ~ I l ~ ~ _l ~ : An Ordinance Providing for the Adoption of a Budget and the Appropriation of $67,136,453.00 to Defray the Necessary Expenses and Liabilities of the City of Meridian, for the Fiscal Year Beginning October 1, 2011 and Ending on September 30, 2012 MEETING NOTES ~rp,~-d Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TO AGENCY ( APPLICANT I NOTES INITIALS CITY OI+ MERIDIAN ORDINANCE NO,~~~/ ~~ BY THE CITY COUNCIL: BIRD, HOAC>LUN, ROUNTREE, ZARE1196A AN ORllINANt`E, PURSUANT TO IDAH(} COllE §SO-1002 AND §50-'1003, PROVIDING POI2 A TITLE AND FTiVI)INC~S, PROVIDING I+OR TIIE ADOPTION OF A BUDGET AND "I'HE APPROPRIATION flP' $67,136,453 TO DEFRAY THE iNECE55ARY EXPENSES AND LIABILITIES OE 'THE CITY t7F MERH}IAN, [N ACCORDANCE WITH THE OB3EC.T AND YUI2POSES AND FN THE CERTAIN AMOUN'T'S HEREIN SPECTER+~D FOR TIIE FISCAI, YEAR BEGIIti~I~'ING OCTOBER 1, 2011 AND ENDING ON SEPTEMBER 30, 2012; 'I'O LEVY ALL SUCH APPROPRIATE TAXES AND LEVIES AS AUTHORIZED BY LAiV UPON TAXABLE PROPER7~Y; AND TO COLLECT' ALL AUTHORIZED REVENUT; T'O PROVIDE :FOR THE WAIVING OF THE 2'so AND Sao READINGS PURSUANT' TO IDAHO CODE §50-902; AND PI20VIDING FOR AN E[+FECTIVE DATE AND THE FILLNG OF A CER'TIETED COPY Ol+ 'TIiTS ORDINANCE WITH THE SF.,CRE'TARY OI+ S"PATE, BF, I'P ORDAINED BY 'TFIE MAYOR AND COUNCIL {)I+ TIIE CITY OI+' MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. 'TITLE: This <)rdinance shall he entitled and cited as the " 2011-2012 Fiscal Year Anur~al Appropriation Ordinance of the City of iVlericlian". Section 2. FINDINGS: The City Council finds: A. That it has duly Noticed and held a Public PIearing on the 23"~ day of AugusC, 20] 1 for a Proposed Budget for Fiscal Year 2011-2012 (FY2012) City of Meridian, Idaho; I3. That the totiil revenue anticipated to be available to the City of Meridian during Fiscal Year 2011-2012 is correctly stated in the Adopted budget which is herein set forth in Section No. 3; and C, The appropriatiows and sums of money as are hereinafter set forth in Section No. 3 are deemed necessary to defray all the necessary expenses and Iiabitities of the City of Meridian for Fiscal Year 20l I-20 i2. Section 3. ADOPTION OF BUDGET AND APPROPRIATION OP" EXPENDITURE; The City Council does hereby adopt as and for the budget v~id The appropriation of expenditure for die City of Meridian for Fiscal Year commenei~rg October 1, 201 I and eudnig on September 30, 2012 the following: ANNUAL APPRt)PRIA`I'If)N ORDINANCE FY"2,012 - :Page 1 of 6 (;ITS' Oli 10%IFI2IDI~lN Ii Y 2012 I3UI)G1;7C Revenues Fire Police Parks Total Revenue Expenditures Personnel and Operating Fire Police Parks Total Personnel and Operating Capital FY2010 FY2011 FY2012 Original Proposed _ Actual Budget Budget $ 206,130 $ 345,000 $ 275,000 $ 64,748 $ 60,000 $ 65,000 __~..._ -- 784,972...._ .. S_ --865,000 $ _ _ 620,00_0_ $ 1,115,850 $ 1,270,000 $ 960,000 $ 20,012 $ 20,000 $ 20,000 $ - ~ _.-.-...._2,963 _.._.._-..-. ~__.__..._.-..---- $ 22,975 $ 20,D00 $ 20,000 Fire $ _ Police $ _ Parks $ 563,483__ $ 500,000 _ $ - _. _ _.. _ Total Capital $ 503,483 $ 500,000 $ - Total Carrytorward $ - $ 546,666 $ 1,035,167 Total Expenditures $ 580,458 $ 1,066,060 $ 1,055,167 Transfers _ $ 305,071__.,,.,_$____ - $ _ Total Expenditures with Transfers $ 891,529 $ 1,066,666 $ 1,055,167 (Use)/Addition of Fund Balance 224,321 $ 203,334 $ (95,167) FY2010 FY2011 FY2012 Original proposed Actual Budget Budget Revenues ~~ Building Revenue $ 1,985,753 $ 1,870,000 $ 1,808,000 Other Revenue $_ ,_,_136,127 $ 33'1,000 -- _$ 130,000 Total Revenue $ 2,101,880 $ 2 202,000 $ __ 1,938,000 Expenditures Total Personnel and Operating $ 1,709,624 $ 2,014,072 $ 2,840,786 Total Capital $ _ $ _ $ _ ANN[IAL A}~PROPRIATION ORDINANC;Ii 11'2012 -Page 2 of 6 Total Carryforward $ - $ 150,000 $ 35,000 Total Expendituros $ 1,769,624 $ 2,164,072 $ 2,075,786 Transfers $ 74,541 $ 136,197 $ --- _... 80,988 Total Expenditures with Transfers _ $ 1,844,166 $ 2,300,269 $ 2,156,774 (Use)/Additian of Fund Balance $ 257,714 $ (98,260} $ (218,774} FY2010 FY2011 FY2012 Original Proposed Actual Budget Budget Revenues Tatal Revenue $ 2,981 $ - $ 1,000 Expenditures Total Personnol and Operating $ - $ _ $ _ Total Capital $ g2,g23 $ _ Total Carryforward $ - $ 1,678,767 Total Expenditures $ 42,923 $ - $ 1,678,767 Transfers _. $._ 560,000)._.. _._ __.._.'..... _ $ - Total Expenditures with Transfers $ (517,077) $ - $ 1,678,767 (Use)(Addition of Fund Balance $ 520,058 $ - $ (1,677,767) FY2010 FY2011 FY2012 Original Proposed Aotual Budget Budget Revenues _ Water/Sewer Sales $ 16,827,044 $ 19,200,000 $ 18,500,000 Other Sources $ 13,867,420 $ 4,240,000 _$_.4,190,000 Total Revenue $ 30,494,464 $ 23,440,000 $ 22,690,000 Expenditures Personnel and Operating Utility Billing Public Werks Water Wastewater Total Personnel and Operating $ 672,191 $ 794,295 $ 771,983 $ 1,9$2,609 $ 3,628,774 $ 3,129,495 $ 5,133,796 $ 5,7&5,154 $ 5,506,573 $.,.,,._7,734,115 __x__7,60,5,890 $ 8,134,890 $ 15,522,711 $ 17,794,1'13 $ 17,542,941 Alv`NUAL APPROPRIATION ORDINANCE FY20'12 -Page 3 oP6 Capital Utility Billing $ - $ _ $ _ Public Works $ 58,903 $ 65,920 $ - Water $ 1,720,233 $ 2,315,600 $ 1,933,000 Wastewater $ _ 6,433,590 $ ,5,181,790 $ _4,746,500 _ Total Capital $ 8,'212,726 $ 7,563,310 $ 6,679,500 Carryforward - Oporating $ 1,165,938 $ 966,400 Garryforward-Capital _ ___ _ $ 7,223,421_ $ 4,951,975 Total Carryforward $ - $ 8,389,358 $ 5,918,375 Total Expenditures $ 23,735,437 $ 33,74G,781 $ 3Q140,816 Transfers $ _1,068,396 $ 1,310,2rJ8 $ 1,694,060 Total Expenditures with Transfers $ 24,803,833 $ 35,057,079 $ 31,834,876 (Use)/Addition of Fund Balance $ 5,690,631 $(11;617,479) $ (9,144,876) FY2010 FY2011 FY2012 Original Proposed Actual Budget Budget Revenues Total Revenue $ 27,560,482 $ 27,247,097 $ 27,415,544 Expenditures Total Personnel and Operating $ 24,796,311 $ 26,764,013 $ 27,563,312 Total Capital $ 865,435 $ 1,670,580 $ 2,917,170 Total Carryforward - 2,851,153 1,705,435 Total Expenditures $ 25 661 745 $ 31,285 746 $ 32 185 917 Transfers $ _j888,009$~1~445,494~_$__(1,775,048} ..... ... Total Expenditures with Transfers $ 24,773,737 $ 29,839,252 $ 30,410,869 (Use)/Addition of Fund Balance $ 2,786,745 $ {2,592,155) $ {2,995,325) Total budget >,All F'un,ds ... ',: FY2010 FY2011 FY2012 Original Proposed Actual Budget Budget Revenues Total Revenue $ 61,275,657 $ 54,159,097 $ 53,004,544 Expenditures ANNUAL APPROPR [ATIO'N ORDINANCE LY2012 -Page 4 of 6 To(ai Personnel and Operating Total Capital Total Carryforward Total Expenditures Transfers Total Expenditures with Transfers $ 42,111,620 $ 46,592,198 $ 47,167,439 $ 9,684,567 $ 9,733,890 $ 9,596,670 - $ 11,937,177 $ 10,372,744 $ 51,796,187 $ 68,263,265 $ 67,136,453 1 $ 51,796,187 $ 68,263,266 $ 67,136,453 (Use)/Addition of Fund Balance $ 9,479,469 $(14,104,169) $ {14,131,909) Section 4. 'I'hafi the general Cax le~~y and all appropriate taxos and levies be imposed as authorized bylaw and all authorized revenue is collected. Section 5. That the 2na acid 3'a readings of thss ordinance are waived by suspension of the Rula as allowed pursuant to Idaho Code §SO-902. Section 6. The City Clerk is directed to forthwith publish this Ordinance and $ie a certifed copy of the same with the office of the Secretary of State of Idaho as provided in Idaho Code §SO-1003 and the same shall be in lull force and effect fi-om and after its passage, approval and publication, according to law. PASSIID by the: City Council and APPROV.i;D by the Mayor of the City of Meridian, Idaho this ~`~day of ~~~"er, 2011. ~~ APPROVED TAMM~ ll P13RD, MAYOR ATTEST': ``~~ JAYCEE . HOLMAN, CITY. CL~;Rtf ANNUAL API?ROPRIATION ORI?INANCE FY2012 -Page 5 of 6 STA"fE OF IDAHO ) } SS. County of Ada ) On this day of _ __ ____ ., 2011, before ine, Hie undersigned, a Notary Pa77lic in and for said State, personally apgeared TAMMY c1e WEF,12I7 and JAYCEE L. HOLMAN, laiown to me to be the Mayor and City Cleric, respectively, of the CITY of Meridian, Idaho, and who executed Che within inst<•tunent, and acknowledged to me that th<; City of Meridian executed the s~uue. IN yT~ITNF,SS WII.L;REOF, I have hereunto set my baud and affv~ed my official seal the day a<~d year first above written. {SEAL) NOTARY PUBLI{' FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ANNUAL, APPROPRIATION ORDINANCE' FY2012 -Page 6 of fi NOTICE AND PLJBI,ISIIC.D SUMMARY OT ORDINANCE PURSIIANT'LO LC. § 50-9t)1(A) CITI' OF MERIDIAN ORDINANCE NO. I1- ~ !-~-~t PROVIDING FOIi AN ANNUAL, APPROPRIATION ORDINANCE P'OR `PIIE ADOPTION OR A I3UDGP.T FOI2 THE CITY OP MERIDIAN I'OR FI'2012 An Ordinance oPthe City of Meridian providing for the adoption of ~ budget and the appropriation of $67,136,453 to defray Cho n~;cssary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in tike certain amomits herein speoi6eel for the fscat year belnnning October I, 2011 and ending on September 30, 2012. A full text of this ordinance is available for inspection aC City HaII, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. Tlris ordinance shall become effective upon the passage and publication. ~ , Crt , >f i ran _~ ~ ~ > May n• a d City Council ~ti -~ By: Jaycee L. Hohuali, City t,Iarl~ , ~ ~,~`t ,' ~ `• j ` `; ,~~r ~ ~„~ First Iteadm ~ 1 ~ ~ ~. , ,~ ~f> Adopted a1te~ ,first reading by snspwrsion of (lie Rule. as allowed pursuant to Idaho Code §50-902: 1'ES-. -.... ~ NO__.___.._..-- Second Reading:. '- Third 'Reading: _ ----- STATEMENT OF' NIFRIDTAN CPI'Y ATTORNEY AS TO ADEQUACY OF SURZMARY OI+" ORDINANCE NO. 11- t~ 1 ____._ The cuidersigned, Willi~nn L.M. Nary,, City ATCorney of the City of Meridian; Idaho, hereby certifies that he is die lega] advisor of the City and has reviewed a copy of the attached Ordinance No. 11-_~~ ~ ( oi'ihe City of iVleridiau; 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, 20'11. William. L,M, Nary "may City tlttorney ) ANNUAL APPROl'RIA'I'IOiv' ORDINANCE SUMMARY FY2012 --- l ol~' 1 Meridian City Council Meeting DATE: August 23, 2011 ITEM NUMBER: Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT