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2012-01-24~~i1~1 E IDIAN~-'- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 24, 2012 at 7:00 PM 1 Roll-Call Attendance X David Zaremba O Charlie Rountree 2. 3. 4. 5. Pledge of Allegiance X Brad Hoaglun X_ Keith Bird X Mayor Tammy de Weerd Community Invocation by Ed Kriener with Meridian Assembly of God Adoption of the Agenda Adopted Consent Agenda Approved A. Approval of Task Order 10328 for Engineering Services for "NW 8th Street Sewer Trunk Main, Broadway Ave. to Cherry Phase 1" to Murray, Smith & Associates for the Not-To-Exceed Amount of $192,400.00 B. Development Agreement for Approval: MDA 08-003 Cavanaugh Ridge by DBSI Located at 4275 S. Locust Grove Road; Request for a Modification of a Development Agreement to Include Updated Project Information and to Re-zone Annexation of a Portion of Section 30, Township 3 North, Range 1 East, Boise, Meridian, City of Meridian, Ada County, Idaho C. Approval of Sole Source Purchase for a Huber Technology ROTOMAT WAP Washer Compactor for the Not-To-Exceed Amount of $55,000.00 and Authorize the Purchasing Manager to Advertise the Purchase per Statute and Issue and Sign a Purchase Order for Same Vacated from the agenda Meridian City Council Meeting Agenda -Tuesday, January 24, 2012 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Resolution No. 12-832: A Resolution Adopting the City of Meridian Records Retention Schedule; and Providing an Effective Date 6. Community Items/Presentations A. Community Award Presented to Harvest Church and Paradigm Wealth Services Inc. for Assistance During a Police Standoff 7. Items Moved From Consent Agenda 8. Action Items A. MFP 11-003 Jayker Common Drives by Spurwing Greens, LLC Located North of Chinden Boulevard, East of N. Jayker Way and West of N. Spurwing Way Request: Final Plat Modification to Remove Lot 18, Block 11 as a Common Lot and Include the Area as Part of the Adjacent Buildable Lot Approved B. Public Hearing: VAC 11-003 Jayker Common Drives by Spurwing Greens, LLC Located at North of Chinden Boulevard, East of N. Jayker Way and West of N. Spurwing Way Request: Vacate the Following: 1) An Emergency Vehicle Access Depicted on Lots 1 and 7, Block 1; 2) Remove the Common Drive Easements on Lots 6, 7, 8, 9, 16 and 17, Block 11; AND 3) Modify Plat Note #16 Removing Common Lot 18, Block 11, Platted with Jayker Subdivision No. 1 Approved C. Public Hearing: PFP 11-003 Optometrist Subdivision by McElroy Investments, LLC Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Combined Preliminary and Final Plat Consisting of 2 Building Lots on 1.06 Acres of Land in a C-C Zoning District Approved D. Public Hearing: MDA 11-012 Meridian Town Center by Meridian CenterCal, LLC Located Northeast Corner of N. Eagle Road and E. Fairview Avenue Request: Modification to the Development Agreement to Include Limitations on Certificates of Occupancy that are Tied to Phasing of Development and Requirement to Comply with ITD's Project Specific Comments Approved E. Public Hearing: RZ 11-005 Genesis Center by Sharon Sharp Located at 1535 W. Franklin Road Request: Rezone of 1.59 Meridian City Council Meeting Agenda -Tuesday, January 24, 2012 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Acres of Land from the C-N Zoning District to the C-C Zoning District Approved F. Public Hearing: AZ 11-005 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Annexation of 30 Acres of Land with an R-8 Zoning District Approved G. Public Hearing: RZ 11-006 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Rezone of 51.61 Acres of Land from R-4 (Medium Low-Density Residential) and TN-C (Traditional Neighborhood Commercial) to R-8 (Medium- Density Residential) (46.97 Acres) and C-C (Community Business) (4.64 Acres) Zoning Districts Approved H. Public Hearing: PP 11-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Preliminary Plat Approval of 23 Residential Lots and 3 Common Lots on 61.19 Acres in a Proposed R-8 Zoning District Approved I. Public Hearing: CUP 11-009 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Conditional Use Permit Approval for an Outdoor Recreation Facility in a Proposed R-8 Zoning District Approved J. Public Hearing: VAR 11-003 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Variance to UDC 11- 6C-3F to Exceed the Maximum Block Length Allowed in a Residential District AND Allow the Existing Spurwing Subdivision Entrance to Remain Open as a Right-In/Right-Out Access Point to State Highway 20/26 Approved K. Public Hearing: MDA 11-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Amend the Recorded Development Agreement (Inst. #106122365) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include a New Project Boundary and Concept Plan for the Proposed Spurwing Challenge Subdivision Approved Meridian City Council Meeting Agenda -Tuesday, January 24, 2012 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Department Reports A. Public Works -Budget Amendment to Fill the Public Works Inspector III Position for aNot-to-Exceed Amount of $98,628.00 Approved B. Mayor's Office: Resolution No. 12-833: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Mary Jensen to Seat 2 of the Meridian Arts Commission and Dwight Williams to Seat 3 of the Meridian Arts Commission Approved C. Parks and Recreation: Amendments to Pathways Master Plan D. Parks and Recreation: Resolution No. 12-834: Amendment to the Pathways Master Plan Approved 10. Ordinances A. Ordinance No. 12-501: An Ordinance of the Mayor and City Council for the Re-zone Annexation of a Portion of Section 30, Township 3 North, Range 1 East, Boise, Meridian, City of Meridian, Ada County, Idaho, Known as Cavanaugh Ridge (RZ 08-005) Approved B. Ordinance No. 12-502: An Ordinance of the City of Meridian Adopting Cable One Franchise Agreement Approved 11. Future Meeting Topics Adjourned at 9:51 p.m. Meridian City Council Meeting Agenda -Tuesday, January 24, 2012 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council January 24, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, January 24, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, and Brad Hoaglun. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Sonya Watters, Rich Dees, Mark Niemeyer, Jeff Lavey, Jamie Leslie, Steve Siddoway, Jay Gibbons and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for waiting for us. We appreciate you being here this evening and we will just go right into our regular agenda. For the record, it is Tuesday, January 24th. It's 7:05. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Ed Kriener with Meridian Assembly of God De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Ed Kriener with the Meridian Assembly of God. If you will all take this as an opportunity to join us in the community invocation or an opportunity for a moment of reflection. Thank you for joining us. Kriener: Father, we know it pleases you when Solomon asked for wisdom to be able to lead the great nation of Israel, so we are wanting to please you in asking wisdom for leading this town, this community. Thank you for the privilege of serving you in this manner. We ask that you will give wisdom the decisions and the discussions made tonight, in Jesus' name, amen. Item 4: Adoption of the Agenda Meridian City Council January 24, 2012 Page 2 of 62 De Weerd: Thank you. Item No. 4 is our adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on the agenda. Under 5-C, staff has requested to vacate this item from the agenda. 5-D is Resolution No. 12-832. And, then, under Item 9-B, that resolution is No. 12-833. 9-D is Resolution No. 12-834. 10-A is Ordinance No. 12-501 and 10-B is Ordinance No. 12-502. Sa, with those additions, Madam Mayor, I move adoption of the agenda as amended. Zaremba: Second. De Weerd: I have a motion and a second to adapt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approval of Task Qrder 10328 for Engineering Services for "NW 8th Street Sewer Trunk Main, Broadway Ave. to Cherry Phase 1" to Murray, Smith & Associates far the Not-To-Exceed Amount of $192,400.00 B. Development Agreement for Approval: MDA 08-003 Cavanaugh Ridge by DBSI Located at 4275 S. Locust Grove Road; Request for a Modification of a Development Agreement to Include Updated Project Information and to Re-zone Annexation of a Portion of Section 30, Township 3 North, Range 1 East, Boise, Meridian, City of Meridian, Ada County, Idaho D. Resolution Na. 12-832: A Resolution Adapting the City of Meridian Records Retention Schedule; and Providing an Effective Date De Weerd: Item 5, our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council January 24, 2012 Page 3 of 62 Hoaglun: Under the Consent Agenda there is a request by staff to vacate this item from the agenda, so it will not be considered. And Item D is Resolution No. 12-832. Sa, with those changes I would move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Zaremba: Second. De Weerd: Thank you. I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community ItemslPresentations A. Community Award Presented to Harvest Church and Paradigm Wealth Services Inc. for Assistance During a Police Standoff De Weerd: Item No. 6 under Community Items/Presentations, Iwill ask our chief to come forward and offer information on this item. Lavey: Madam Mayor, Council, thank you for the opportunity to speak today. On January -- on the evening of January 5th and on the morning of January 6th Meridian had the unfortunate pleasure of experiencing two armed robberies of a Subway restaurant and on the early afternoon of January 6th we had information that helped us identify the suspects in those robberies. Unfortunately, the suspects were located in the downtown care right near City Hall and we were successful in arresting one suspect, but one suspect decided to prolong his arrest which resulted in a six and a half hour standoff. Now, the great thing is is that both suspects were taken into custody, nobody was harmed, nobody was injured. Although it was extremely cold that evening, it was a successful end. During that time there was a couple of people that stood out, a couple of businesses that stood out, and we would like to take this opportunity today to recognize them for what they did for not only the Meridian Police Department, but for our community. And I would like to do them one by one and I would like to read into the record what we have and, then, give them a token of our appreciation and, then, if Council would like to say anything or if the recipient would like to say anything we can do that as well. So, would the representatives of the Harvest Church come forward and maybe stand aver here to the left of me? Now, there is -- part of what they did it's not in the record I'm going to read as far as making the chocolate chip cookies for the -- De Weerd: I was hoping you brought some. Meridian City Council January 24, 2012 Page 4 of 62 Laney: -- crisis negotiators. When I finally came when into the command post it smelled like chocolate chip cookies in there. So, allow me to read this into the record. The City of Meridian and the Meridian Palice Department express their thanks to Senior Pastor Mark Ryan and his staff at Harvest Church far opening their doors and assisting the Meridian Police Department during an armed standoff on January 6, 2Q12. In the afternoon hours of January 6, 2012, officers from the Meridian Police Department located two armed robbery suspects in the area of Meridian and Pine Avenue. Officers were able to arrest one of the suspects without incident during the traffic stop. The second suspect barricaded himself in a nearby residence and refused command to peacefully surrender. The Ada county metro swat team was activated and after a six and a half hour standoff with the suspect he finally surrendered and was taken into custody. Officers on scene were faced with cold temperatures and few options for shelter during this incident. Senior Pastor Mark Ryan and his staff at Harvest Church immediately opened their doors to the officers for more than six hours. Harvest Church staff provided restroom facilities, a place for officers to warm up, and a location far the police department to conduct negotiations with the suspect. Without question the efforts put forth by Pastor Ryan and his staff aided in a peaceful resolution of a very serious situation. This accompanying attitude is exactly what makes the City of Meridian such a great place to live, work, and play, which is why we extend the heart felt thanks to Senior Pastor Brian and his staff at Harvest Church. In recognition of valuable assistance to the City of Meridian. Thank you. De Weerd: You know, I would probably add -- you probably added the power of prayer to a peaceful resolution, so we appreciate that as well. Laney: If I could have the representatives of Paradigm Wealth Services to come forward. And please allow me to read this into the record. The City of Meridian and the Meridian Police Department want to sincerely thank Garland Risner and his staff at Paradigm Wealth Services for opening their doors and assisting the Meridian Police Department during an armed standoff on January 6, 2012. In the afternoon hours officers from the Meridian Police Department located two armed robbery suspects in the area of Meridian Road and Pine Avenue. Officers were able to arrest one of the suspects without incident during the stop. The second suspect barricaded himself in a nearby residence and refused commands to peacefully surrender. The Ada county metro swat team was activated and a six and a half hour standoff ensued with the suspect, who eventually surrendered and was taken into custody. The officers were faced with cold temperatures and few options for shelter during the incident. All that sounds kind of familiar. Garland Risner and his staff at Paradigm Wealth Services immediately opened their offices to the Meridian Police Department. Far mare than six hours his staff provided officers with restroom facilities, a place to get warm, photocopies, copiers, and mast importantly they allowed use of their building for a couple of officers to get an observation point on the house. Without question, the efforts put forth by Mr. Risner and his staff aided in a peaceful resolution of a very serious situation. It is the citizens and businesses like Mr. Risner and Paradigm Wealth Services who make the City of Meridian a great place to live, work, and play and it's because of those efforts City of Meridian and the Meridian Palice Department extend a Meridian City Council January 24, 2012 Page 5 of 62 heartfelt thank you to Mr. Risner and his staff at Paradigm Wealth Services. Thank you. Thank you. Bird: Thank you, chief. Madam Mayor? De Weerd: Mr. Bird. Bird: Can I say something? I want to thank the two recipients for helping in the community. That's why we are such a great community. But I also want to compliment publicly the work done by our police department. I happened to come by that afternoon, came to City Hall, and I couldn't figure out what was going on and I happened to stop and talk to one of the officers. The professionalism that was shown by our officers was second to none and I'm so proud to have them serving our community and doing their jab the way they did. I just want to tell you to thank your employees, chief, and -- because they did a first class jab. Nobody was hurt. That's the main thing. Thank you. De Weerd: You know, I guess I would like to add my appreciation certainly to our business community and our faith community for playing a roll in this, but also (would -- had the benefit of seeing several agencies working very well together. It was seamless. It showed when citizens step forward with information it's respected, it was very critical, and it led to an arrest and without any -- anyone harmed and to probably some of our officers' chagrin, they would have liked to have seen it resolved a little earlier and they would have had feeling in their toes while they had it, but no one was hurt and that was the bottom line. Nat -- not even the people that -- the gentleman that was inside the house. I did receive several comments fallowing this about the fallow-up of our police department as well. They were going to nearby residents and businesses, keeping them informed as to what was going on and following --the next day they were fallowing up with those same people making sure that they had cleaned up their mess, that they didn't impose any unneeded things on others and I think that is just truly amazing. That really shows a department that cares and that is an amazing message to all of us, that this is not just about busting dawn doors like you see on TV, it's really caring for our community and I got it from parents at the nearby elementary school, I walked up the elevator today and someone standing in our art gallery said, hey, I just need to comment about this. Her husband is one of the crossing guards at Meridian Elementary School. This was an amazing experience, I think not just for our police, our fire, the swat team, businesses, the residents, all of those that were impacted, but I think it should give a lot of us that reassurance that we have great men and women that are working far us and they are working together and they are doing what we expect them to da in the manner we expect of them as well, with respect in all regards. So, chief, we appreciate that. Laney: Thank you. Madam Mayor, Council, I had one mare thing to add and although we appreciate the comments and we will take those and cherish those, it wasn't just us and the Mayor kind of touched an that already. And I don't want to play my cards too much, because I have something coming later on, but I da believe it's proper to recognize the fire department that evening as well. The services that the fire Meridian City Council January 24, 2012 Page 6 of 62 department provides us were not only the standard services that we always have in incidents like this, but they went above and beyond logistically getting us food and batteries and coffee and water in the command post and they stayed through the duration and not only was it the crews that stayed through the duration, but the fire chief himself stayed through the duration. The chief, a division chief stayed through the duration, and a deputy chief was there through the duration and something's coming down the road, but we'd just like to recognize them as well for that -- help that evening. Thank you. De Weerd: Thank you. Chief, I would like you to a stray up there, because even though you didn't attend our leadership meeting today, we do have a presentation for you. And for those that are here in the audience we -- I received several years ago a really ugly coconut and I never knew what to do with it, so it became the revolving trophy recognizing people for -- someone far their -- their efforts and their good deeds. So, Rich, I will let you explain why the chief is getting the coconut. Dees: Madam Mayor, Members of the Council, for not showing up today at the meeting -- and we will talk about that later -- at least Madam Mayor will. We really appreciate what you did. The coconut, as Madam Mayor mentioned, is a -- sort of a symbol. It's being recognized by your peers, the department heads, as doing something pretty significant. And we think what you and your folks did the other day at that -- at that standoff was nothing short of amazing. Nobody was hurt. Collaboration was excellent and it showed what a well trained police department can really really do. So, we wanted to say congratulations. You are the recipient of the coconut this time. Usually there is candy in here, sa if everybody wants a piece, go ahead. There is in candy in here. So, please, use this. De Weerd: We did pass it around and we took the good stuff out first. Lavey: Naw, Madam Mayor, it's my understanding that if I was going to miss a meeting today it was probably the meeting I wanted to miss. But I was just kind of having these thoughts that the robot could probably run over this and I would probably be real happy, so -- De Weerd: Well, I that would be too suspicious. Lavey: I would admit it. Thank you. De Weerd: Thank you. Any other comments from Council on this item? Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were na items moved from the Consent Agenda. Item 8: Action Items Meridian City Council January 24, 2012 Page 7 of 62 A. MFP 11-003 Jayker Common Drives by Spurwing Greens, LLC Located North of Chinden Boulevard, East of N. Jayker Way and West of N. Spurwing Way Request: Final Plat Modification to Remove Lot 18, Black 11 as a Common Lot and Include the Area as Part of the Adjacent Buildable Lot B. Public Hearing: VAC 11-003 Jayker Common Drives by Spurwing Greens, LLC Located at North of Chinden Boulevard, East of N. Jayker Way and West of N. Spurwing Way Request: Vacate the Following: 1) An Emergency Vehicle Access Depicted on Lots 1 and 7, Block 1; 2) Remove the Common Drive Easements an Lots 6, 7, 8, 9, 16 and 17, Block 11; AND 3) Modify Plat Note #16 Removing Common Lat 18, Block 11, Platted with Jayker Subdivision No. 1 De Weerd: So, we will mane into Item 8, under Action Items, and we will start with Items $-A, 8-B, an MFP 11-003 and VAC 11-003 and I will ask far staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. Applications before you this evening are far final plat modification and a vacation to basically get rid of some easements and a camman lot that was platted with the Jayker Subdivision Phase one. ~n the aerial before you this evening you see here are the areas that are impacted by those easements and the common lot. You can see right now that most of it is undeveloped residential lots at this paint. The graphics before you now show which -- where the 20 foot emergency vehicle access lies and, then, where the adjacent common lots -- ar camman driveway easements exist. Ida want to paint out to Council that Wane of the underlying public utility easements are being vacated with this application, it's only, again, the emergency vehicle access and the camman drive easements and, then, also Common Lot 18, Block 11, which was a -- basically a micro path lot that stubbed to nowhere. If you recall back in 2010 the applicant came before you with a development agreement modification. With that application they proposed to construct a tennis court and a shared driveway between the Spurwing Subdivision and this subdivision. That -- essentially, that open space and amenity was to swap far this one that they are proposing to vacate this evening. One of the issues that staff called to your attention in the staff report -- and it's really minor, but that common lot does have a 20 -- a 12 inch water main constructed within it. It is not a city water main, it is United Water. I would also mention to Council that we are processing a property boundary adjustment an behalf of the applicant as well. It is predicated on your approval this evening, but if the vacation is approved and the plat modification is approved, that 20 foot easement would became part of that buildable lot, which is Lot 17, Black 11, and the exhibit an the right does show haw that -- haw that would be impacted. When we met with the applicant we asked them to provide a concept plan, so that we could bring it to you and show you how these -- if the Gammon lot -- common drive easements were vacated and that micro path lot was vacated, we could at least show you haw the homes could fit on the lot and still not impact the development or construction of the Meridian City Council January 24, 2012 Page 8 of 62 homes on that. With the PVA staff will be conditioning the applicant to notify future homeowners by a note on that PVA there is a 20 foot easement along that southern boundary and that no structure should encroach into that. As well they should also make a note on there that they need to coordinate with United Water, not the City of Meridian, because it's not our -- again, it's not our easement. I did also want to mention to you that we will be updating our building restriction farms on that. We will flag this lot and let -- when the application comes in with his building plan submittal for the homes, make sure that those homes do not encroach in that easement as well. Staff has not received any additional written testimony on this application. Other than this easement issue staff is unaware of any other outstanding issues before you and with that I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Mr. Zaremba. Zaremba: Madam Mayor. Bill, if you would talk a little bit more about the emergency vehicle access that they are wanting to undo. I vaguely recall when that was made a requirement and at the time there was some reason far it that now escapes me. I assume we have passed that by the fire and police department and is it okay to vacate that? Parsons: Councilman Zaremba, I believe when we pre-app'd with the applicant we did have Deputy Chief Perry Palmer there to discuss this and given the fact that the common lot is already developed and this lot is platted and the topography of the area, he felt that a fire truck could not get into that area to adequately serve a fire, so there really was no need to have that easement in place any longer, so they were -- to my knowledge they were in support of vacating that. I can certainly turn it over to the chief if he has anything to add. Niemeyer: Madam Mayor, Members of the Commission, Commissioner Zaremba, I did talk to Chief Palmer this morning and he -- I concur with -- with what Planning said. He took a look at it and we cannot get a fire truck into that access, so we are okay vacating it. De Weerd: You should know that as fire commissioners, uh? Zaremba: All right. De Weerd: I think you got the wrong body there, Mark. Zaremba: Thank you. De Weerd: Any other questions from staff -- I mean from -- far staff or from Council? Is the applicant here this evening? Good evening. Tealey: Goad evening. Meridian City Council January 24, 2012 Page 9 of 62 De Weerd: If you will, please, state your name and address for the record. I thought I might say that, because I haven't seen you for awhile. Tealey: That's right. Madam Mayor, Members of the Council, my name is Pat Tealey. Office address 187 East 50th. And I'm here to represent the applicant Spurwing Greens, LLC. They have purchased the subdivision from the original developer and they have just a little bit different way of wanting to develop the lots that were platted. That was the reason for trying to get rid of the common drive easements and the -- and the common lot, Lot 18, that contained a micro pathway connection. Since they bought it they -- they have -- as Bill -- as staff was saying, they have built a tennis court and an emergency access and pedestrian connection that takes the place of this. We went through the -- the conditions of approval and couldn't find anywhere in the conditions of approval where that path was even required. I don't know why it was built and why it ended up where it is. But that connection now -- now is being satisfied by the tennis court and that road connection. I don't know if you have been out there or seen that. It's -- it's a nice improvement to the area. That path was really never going to go anywhere, because it would have tied into the cart pathway around Spurwing golf course and there is a definite conflict between getting people on the cart path that don't belong there, so -- all three of these requests were not contained in any conditions of approval or in the development agreement as far as we could find. As stated by staff and by the fire department, we did have a preapplication meeting in which the fire department attended and they stated that they supported the removal of the easement. As you can see on the -- on the overhead, if -- I don't know, can you switch that or is that -- to the -- there is nothing built there as far as any type of access. It's just bare ground. Sa, I don't know what the intention of that was at anytime. It certainly doesn't serve anything down there and there is no connection being made to any adjacent land far this thing to work. If there are any questions I would be glad to answer. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. De Weerd: Thank you. Tealey: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to offer comment on this item? okay. Staff, any further comments? Seeing none, Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Which one -- get the MP -- MFP -- we don't have to close that one. I move we close the public hearing on VAC 11-003. Meridian City Council January 24, 2012 Page 10 of 62 Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-B. All those in favor say. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Council, we will start with Item 8-A. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MFP 11-003 and incorporate staff and applicant comments. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 8-A. Is there any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 8-B. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Move that we approve VAC 11-003 and incorporate staff and applicant comments. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion by Council, Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Public Hearing: PFP 11-003 Optometrist Subdivision by Meridian City Council January 24, 2012 Page 11 of 62 McElroy Investments, LLC Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Combined Preliminary and Final Plat Consisting of 2 Building Lots on 1.06 Acres of Land in a C-C Zoning District De Weerd: Item 8-C is a public hearing on PFP 11-003. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a combined preliminary and final plat application. This site consists of 1.06 acres of land, is currently zoned C-C, and is located on the northeast earner of North Meridian Road and Carmel Drive. The proposed plat will subdivide one parcel into two building lots. A 2,700 square foot optometrist office is currently under construction an the southern portion of the site on Lot 1. This site is the location of a recent development agreement modification that amended the site plan and building elevations. Subsequent to that approval the owner decided to plat the property. The owner plans to retain the northern lot, Lot 2, for future development. Access to the site is proposed via Carmel Drive, with cross-access required to be granted to the adjoining property to the north, as well as internally within the subdivision. The Commission recommended approval of this application. Joe Pachner from KM Engineering, the applicant's representative, testified in favor of the application. Na one commented or testified in opposition. And there was no written testimony submitted. There were no key issues of discussion by the Commission ar changes to the staff recommendation. Written testimony submitted since the Commission hearing is from Kelly Kehrer, the applicant's representative, in agreement with the staff report. There are na outstanding issues for City Council. Staff will stand for any questions Council may have. De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Council? Yes, Mr. Zaremba. Zaremba: If I'm remembering this correctly, this was originally platted with bath lots and it was approved with an amenity where the new lot line goes and I thought something was going to be worked out to preserve that amenity. I don't see that happening in this. Am I remembering that correctly or am I making that up? Watters: Madam Mayor, Councilman Zaremba, this is the first time the property has been platted. Zaremba: Okay. Watters: It came through for annexation a few years back. I believe it was in '06. By the property owner Mr. Hoid at that time. Meridian City Council January 24, 2012 Page 12 of 62 Zaremba: Uh-huh Watters: And they were going to build a larger office on that property and that kind of fell through and it's -- Zaremba: I may be thinking of a different property here. It was this configuration, which is why I'm -- and they were splitting two lots, but -- okay. If that's not it, that's not it. Thanks. Hoaglun: Yeah. Madam Mayor. I recall that, too, but I think that might have been just north of there. I mean it looks identical to what -- what we were looking at before, so -- so, Ithink it was -- but it was just north of that. Watters: Hart's Music Shop used to be just on the north boundary of this property and, then, the To Be A Kid I believe is the name of it. It's just north of that. Bird: That's right. De Weerd: Is the applicant here this evening? Welcome. If you will, please, state your name and address for the record. Kehrer: Kelly Kehrer. KM Engineering, 9233 West State Street, Boise. De Weerd: Thank you. Kehrer: I will be short and sweet. We are in agreement with staff comments, so I would be happy to answer any questions from the Council. De Weerd: Thank you, Kelly. Any questions from Council? Bird: I have none. De Weerd: okay. Thank you. Kehrer: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony an this item? Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on PFP 11-003. Bird: Second. Meridian City Council January 24, 2012 Page 13 of 62 De Weerd: I have a motion and second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of PFP 11-003. Include all staff and applicant comments. Zaremba. Second. De Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion from Council, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Public Hearing: MDA 11-012 Meridian Town Center by Meridian CenterCal, LLC Located Northeast Corner of N. Eagle Road and E. Fairview Avenue Request: Modification to the Development Agreement to Include Limitations on Certificates of Occupancy that are Tied to Phasing of Development and Requirement to Comply with ITD's Project Specific Comments De Weerd: Our next item is Item 8-D, which is a public hearing on MDA 11- 012. I will turn this over to staff. Watters: Madam Mayor, Members of the Council, the next application before you is a modification to the existing development agreement for Meridian Town Center project. The site consists of 90 point -- excuse me -- approximately 90 acres of land, is currently zoned C-G, and is located on the northeast corner of Eagle and Fairview Avenue. The proposed modifications at the request of the Idaho Transportation Department and a result of negotiations between the applicant and ITD, to include a clarification that land use applications are subject to project specific comments from ITD, as well as ACHD, and limitations on certificates of occupancy that are tied to phasing of development. No limitations on occupancy will apply to the first phase of developed area, up to 680,000 square feet. No C of O's for the second phase of development that exceeds 680,000 square feet, up to 950,000 square feet, will be issued until phase two highway construction is commenced by providing surety as referenced in the STARS reimbursement agreement agreed upon by the developer, ACHD, and ITD. No C of O's Meridian City Council January 24, 2012 Page 14 of 62 far the third phase of development that exceeds the 950,000 square feet would be issued until phase three highway construction is commenced by providing surety as referenced in the STAR agreement. Written testimony was submitted by Deb Nelson, the attorney for the applicant, response in agreement with the staff report. Staff will stand for any questions Council may have. De Weerd: Thank you, Sonya. Any questions from Council? Bird: I have none. De Weerd: Any comments from the applicant? Thank you for being here. If you will, please, state your name and address for the record. Nelson: Madam Mayor, Members of the City Council, my name is Deborah Nelson, I work at Givens Pursley and represent CenterCal and as was just stated very well by Sonya, we are in agreement with the staff report and are just here in case you have any questions. De Weerd: Well, I -- but I will comment -- maybe not related to this, but you have incredible patience. Nelson: Thank you. Duly noted. De Weerd: And we have reason to celebrate your patience. Nelson: Yes. Thank you. We all are. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Thank you Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I was just going to comment that I think this is the first opportunity in the state far the STARS program to work. Nelson: It is. Zaremba: And I know there has been same threatening of that program by the legislature again and I think there has been effort on your behalf to preserve the program and we certainly support preserving it and I'm thrilled to see this first attempt at using it, so -- it's wonderful. Thanks. Meridian City Council January 24, 2012 Page 1 S of 62 Nelson: Thank you. De Weerd: Well, it's maybe the second attempt, since Cabala's was the first, but since they amended it -- Nelson: Madam Mayor, it would be the second project to get an agreement, but it will be the first to be constructed. Bird: Yes. De Weerd: We are waiting for that. Zaremba: And the first in Meridian. De Weerd: And we appreciate, again, your patience maybe with this one, too. I was actually talking about our right of way project. Bird: So was I. Nelson: I assumed you were. Bird: Yeah. De Weerd: But, yes, this -- this, I think, will be a great model for the state to see haw it can work and how it was intended to work. So, we look forward to it. Nelson: Thank you. De Weerd: Okay. This is a public hearing. Is there anyone who like to provide testimony on this item? Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move we close the public hearing on MDA 11-012. Zaremba: 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: THREE AYES. ONE ABSENT. Bird: Madam Mayor? Meridian City Council January 24, 2012 Page 16 of 62 De Weerd: Mr. Bird. Bird: I move we approve MDA 11-012 and incorporate staff and applicant comments. 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: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. E. Public Hearing: RZ 11-005 Genesis Center by Sharon Sharp Located at 1535 W. Franklin Road Request: Rezone of 1.59 Acres of Land from the C-N Zoning District to the C-C Zoning District De Weerd: Item $-E is a public hearing an RZ 11-005. I will ask far staff comments as I open this public hearing. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a rezone application. The property consists of 1.59 acres of land. Is currently zoned C-N and is located at 1535 West Franklin Road on the southeast corner of West Franklin and South Linder Road. The applicant requests approval to rezone 1.59 acres of land from the C-N to C-C zoning district, consistent with the future land use map designation of commercial far this property. There is currently a 9,690 square foot multi-tenant building an this site that will continue to be used for commercial purposes. No new development is proposed. The applicant requests rezone to a slightly mare intense zoning district in order to expand the uses allowed on the site, as well as extend the hours of operation for businesses within the complex. The current C- Nzoning district restricts the hours of operation of businesses from 6:00 a.m. to 10:00 p.m. The proposed C-C zoning district has no restrictions in regard to hours of operation. The differences in uses allowed in the C-N versus the C-C districts are highlighted in Exhibit A-2 of the staff report. Staff has compared the uses allowed in the C-N district to thane allowed in the proposed C-C district and generally does not find any of the uses that would be feasible to ga into the existing building to be objectionable. Commission recommended approval of the subject rezone request at their December 15th public hearing. Sharon Knax, applicant, testified in favor of the application. No one commented or testified in opposition. Written testimony was received by Sharon Knox, the applicant, in response -- in agreement with the staff report. There were no key issues of the discussion by the Commission or changes to the staff recommendation. No written testimony has been submitted since the Meridian City Council January 24, 2012 Page 17 of 62 Commission hearing. There are no outstanding issues for Council. Staff will stand for any questions. De Weerd: Thank you. Any questions for staff? Bird: I have Wane, Mayar. De Weerd: Thank you. Any comments from the applicant? Is the applicant here? Yes. You don't have to. I just always offer. If you will, please, state your name and address for the record. Knox: Madam Mayor and Members of the City Council, Sharon Knox. 4553 North Eagle Point Place, Star, Idaho. De Weerd: Thank you. Knox: I'm in agreement with the staff report and if you have any questions I'm happy to answer them. De Weerd: Thank you so much. Council, any questions? Bird: I have Wane. Hoaglun: I have none. Knox: Yes. Thank you. De Weerd: Thank you. We appreciated your written response. This is a public hearing. Is there anyone who would like to provide testimony at this time? It's a lively bunch out there. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Seeing no one jumping up to testify further, I move we close the public hearing on RZ 11-OQS. Bird: Second. De Weerd: I have a 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: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayar? Meridian City Council January 24, 2012 Page 18 of 62 De Weerd: Mr. Hoaglun. Hoaglun: I move approval of RZ 11-005 and include all staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to -- or to approve Item 8-E. Any discussion by Council? Zaremba: Madam Mayor? De Weerd: Okay. I -- Zaremba: Just to confirm, since we had no public input, were the residences near by notified -- I think the thing they would be interested in is the elimination of any hours. In this zone -- the current zone there are hours and as you stated in the C-C there would not be hours and I just want to make sure, since nobody showed up, they were notified that this was going on. Watters: Yes. Madam Mayor, Councilman Zaremba, Councilmen, everyone within 300 feet of the property was notified. They are no abutting residences to this property -- Zaremba: Okay. Watters: -- as a side note Zaremba: As long as there was fair notice I -- we have done what we needed to do. Hoaglun: Madam Mayor? De Weerd: Thank you. Mr. Hoaglun. Hoaglun: Comment. And this is one of those -- usually we take a close look at this when they are up against a neighborhood, but this is, you know, a unique situation where they have a storage area to the east, tennis court -- in fact, that building to the south is also an office complex, so this is buffered perfectly to allow the expanded hours without impact to the neighborhood, so that worked out well. Zaremba: And I agree there are buffers and that works for me. Hoaglun: Yeah. Great. De Weerd: Okay. Thank you. Madam Clerk, will you call roll. Rall-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Meridian City Council January 24, 2012 Page 19 of 62 De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. F. Public Hearing: AZ 11-005 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Annexation of 30 Acres of Land with an R-8 Zoning District G. Public Hearing: RZ 11-006 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Rezone of 51.61 Acres of Land from R-4 (Medium Law-Density Residential) and TN-C (Traditional Neighborhood Commercial) to R-$ (Medium- Density Residential) (46.97 Acres) and C-C (Community Business) (4.64 Acres) Zoning Districts H. Public Hearing: PP 11-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Preliminary Plat Approval of 23 Residential Lots and 3 Common Lots on 61.19 Acres in a Proposed R-8 Zoning District Public Hearing: CUP 11-009 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Conditional Use Permit Approval for an Outdoor Recreation Facility in a Proposed R-8 Zoning District Public Hearing: VAR 11-003 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Variance to UDC 11- 6C-3F to Exceed the Maximum Block Length Allowed in a Residential District AND Allow the Existing Spurwing Subdivision Entrance to Remain Open as a Right-In/Right-Out Access Point to State Highway 20126 K. Public Hearing: MDA 11-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Amend the Recorded Development Agreement (Inst. #106122365) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include a New Project Boundary and Concept Plan for the Proposed Spurwing Challenge Subdivision Meridian City Council January 24, 2012 Page 20 of 62 De Weerd: Okay. The next items are all together, so I will open all of these items at the same time and so that's Item 8-F, AZ 11-005. Item 8-G, which is RZ 11-006. 8-H, which is PP 11-011. 8-I, which is CUP 11-005. 8-J, which is VAR 11-003. And 8-K, which MDA 11-011. I will open all of these public hearings with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. Before Bill presents the hearing I think one thing, just as a point of clarification, Items F, G, H, I were all heard by the Planning and Zoning Commission and come to you with their recommendation. Item J, the variance and the development agreement modification are actually Council action, so what we have done is we have bundled them for your consideration tonight. So, those two are -- the last two are solely Council decisions and so those have not been vetted by the Planning Commission, nor are they required to by code. De Weerd: Thank you, Pete. I appreciate that clarification for Council and the audience. Friedman: Thank you, Madam Mayor. De Weerd: Thank you. Parsons: Members of the Council, I think you did that pretty eloquently, stating all those applications. Really, the -- all these applications are really to get to a 23 acre lot subdivision and a nine hole executive golf course. If you recall in 2006 this property came before you as the Knight Sky Estates project and that's why you see the property near the corner there zoned R-4, TN-C, and C-C on the left-hand map there and, then, just as an added bonus I have thrown in the future land use map to show you what the designations are on the property. Here is the concept plan that was approved with Knight Sky Estates. This is here just to show you haw this -- haw the property was entitled and, then, what we are trying to go forward with this evening. The applicant, again, is proposing annexation and a rezone, preliminary plat, Conditional Use Permit, and a development agreement modification and a variance fora 23 lot subdivision and, again, a golf course. The rezone to the R-8 zone is so that the applicant -- the R-8 zone requires a Conditional Use Permit in the R-8 zone, so -- for an outdoor recreation facility, which the golf course is defined as in the UDC. The annexation is so that they can facilitate the extension of sewer to the property when the subdivision is constructed -- or proposed for construction. And, then, the rezone from the TN-C to the C-C is to clean up a zoning discrepancy between the lot size adjacent to the C-C zoned property. Given that Knight Sky had a little bit mare of a residential mix, staff was under the impression and the Planning and Zoning Commission supported it, to rezone that to C- C, because the project has changed so drastically from the previous version. Here is the concept plan that the applicant is proposing. I would mention to Council that the hard corner -- at least the northwest corner there, which will eventually be the ten acre C-C zoned property, is just a concept plan. Staff did not analyze that with this staff report, because the golf course actually stops and will not be including that C-C zoned property. That portion of the property is subject to a separate development agreement that remains in effect and it will have to be modified at a later date. I have portrayed Meridian City Council January 24, 2012 Page 21 of 62 that a little bit better on this graphic. What I really want to focus on this evening is really the variance application and how that impacts this development. The applicant actually has two requests before you this evening. The first is for the existing Spurwing driveway or intersection, which is -- which I have highlighted here on this exhibit, it's to go from a full access to a right-in, right-out only. Keep in mind that they are proposing to construct one at the half mile. The other variance request is that the proposed block length for this subdivision, the current one here that my cursor is moving along and, then, also this location here which is Block 2, bath those block lengths will exceed the 750 foot block length required in the UDC and so they are asking you to act on that this evening. Again, as Pete mentioned, Planning and Zoning Commission did not act on those applications or recommend anything to you on those. I would point out to Council that staff is recommending a partial approval on the variance and that's, basically, for Block 1 here where you see the row of five residential lots, because there is an existing fairway and existing roadway in place, there is no other way to provide relief to that block length, so staff could make the findings to support that one. But the additional block length, which exceeds -- which is approximately over 1,000 feet, staff does not support that and because developments along highways, as they intensify properties they need to close off access, staff could not meet the findings to support that right-in, right-out only access to Meridian -- or, excuse me, to Chinden Boulevard. I would also point out to Council that ITD has not acted on a permit or an application for access to that roadway either and they did state in their letter to staff that once that new roadway is constructed and if that access point remains aright-in, right-out, it would not comply with current ITD policies. I did want to get that on the record far you. And, then, also at the Planning and Zoning Commission hearing on December 15th -- and, again, Planning and Zoning Commission recommended approval. In favor testifying is Cornel Larson. Two folks were commenting on it. One was Ken Mallea and Andrew Lawrence. And, then, of course, Cornel provided testimony in relation to the staff report. Per that -- per that testimony staff prepared a memo far the Planning and Zoning Commission and we added an additional DA provision and also modified several conditions of approval, which I have highlighted in your hearing outline this evening. So, moving forward here are the DA provisions that staff is recommending with the DA modification. Again, the idea behind this is to remove this property from the original DA and subject the Spurwing Challenge Subdivision to its own DA and, then, the remaining C-C zoned property, as I mentioned earlier, would be subject to the original DA that was signed in 2006 and an amended DA that was approved in 2008. So, the DA provisions relevant to this project that I have before you is, basically, extend the sewer and water to the property, restrict this to the golf course and 23 lot subdivision. Any site improvement would require CZC design review approval that would include the new driving range and any of the buildings and, then, the one that's for your consideration tonight is really the -- right now we have them closing access unless they gain approval of a variance ar approval from ITD for that access paint. So, they need bath those approvals as we have it written now and, then, the applicant shall provide additional right of way for when Chinden is widened in the future and, then, the next DA provision relates back to this C-C zoned property which is currently owned by Sea 2 Sea and, basically, it states that they will come in and amend their DA at such time to comport with the mixed use standards currently in the comp plan and, then, the main one that we Meridian City Council January 24, 2012 Page 22 of 62 added during the Planning and Zoning Commission is the final one and what's happened is the applicant has to get the new driving range under construction before they can decommission the old one and so we have provided some language in the DA for Council to consider that allows them to go through the property boundary adjustment so that they can create that parcel in the configuration of the proposed plat that's before you this evening. That would allow them to have a lot to get a CZC and design review approval on, so that they could start grading and constructing the driving range and, then, once they had that done, then, they could come in with their final plat and plat the lots and the road as it's before you this evening. The applicant did provide written testimony. He's in agreement with the changes that staffs recommended and Council -- and Commission supported. He did want some clarification from Council. He did provide written testimony. Hopefully that's in your packet this evening. One talks about surety and the other one has to do with gravel -- access drive and gravel road. We have worked with the applicant on some of those, so there are really not any issues with -- before you with something that will happen with construction drawings, rather than something for Council to take under consideration this evening. And other than the access variance and the extended block length, there are no other outstanding issues before you and with that I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Hoaglun: I do have a question far Bill and that is if you can enlighten me on -- on the reasons for the maximum block length in that particular area that you pointed out. Why not allow that to be larger. Parsons: Councilman Hoaglun, the UDC, in the subdivision regulations, we have a standard for block length. It can exceed 750 feet. If you can't provide a 750 foot block length there are some provisions where you can add a pedestrian connection -- pedestrian connectivity and break up the block length and that's at the discretion of City Council to approve that. In speaking with the applicant, they have designed the golf course sa it's along the periphery of the development. If they were to add a pedestrian connectivity or cart path connectivity, they felt they would encourage folks to drive their golf carts through the subdivision -- Hoaglun: Okay. Parsons: -- and they don't want to do that. So, they have elected to go the variance route, rather than provide that extra pedestrian connectivity. Hoaglun: Okay. Friedman: Madam Mayor, Members of the Council, Council Member Hoaglun, just to follow up an that. I think one thing, so that there is na confusion, the Planning and Zoning Commission did recommend approval of the preliminary plat in this configuration. So, they did not take into account the variance application. So, it's kind of like, yes, we have an affirmative recommendation on the lot -- on the plat design with Meridian City Council January 24, 2012 Page 23 of 62 that layout and that roadway, it's going to take the Council action to actually formalize the variance to allow that black length to occur. And subsequently the fire department also had no concerns about that, given the fact that we have two points of access and we da have a turnaround up at the end of that --that cul-de-sac up in the northern tier of lots. Hoaglun: Okay. Great. Thank you. I just wanted to be sure I wasn't missing anything there. So, great. Thank you. De Weerd: Thank you. Mr. Zaremba. Zaremba: Thank you, Madam Mayor. Can you display what's probably the slide before this one? What I'm looking -- well, keep going. What I'm looking for is the whole area where this fits in. That's probably what I'm looking far. Okay. Identify again for me which piece we are talking about on this one. Parsons: Sorry, Councilman Zaremba, what -- in regards to -- ah, the whole project? Zaremba: Yes. Parsons: Basically, it's this common lot area that's platted with Spurwing. The current driving range property here. This two acre outparcel. The R-4 zone -- zoning here. TN-C portion up to this paint. The C-C portion of the property is not part of this application. That will remain zoned. This is the portion -- this is the portion of the TN-C -- well, all of it's TN-C. This will be -- the applicant's proposing to rezone this portion to the R-8 zone, along with this, and this portion of the TN-C zone will be -- will go -- they are proposing C-C zoning. Zaremba: All right. Thank you. These may be ITD questions, but their current Spurwing Subdivision entrance is signalized, if I'm -- De Weerd: No. Zaremba: Am I picturing the right thing? De Weerd: Huh-uh. Zaremba: It's not? De Weerd: And it's not in alignment with the neighborhood across the street. Zaremba: Where I was going to go was -- the new street that they have proposed, is that aligned with where the signal is? Bird: Yes. Yes. Meridian City Council January 24, 2012 Page 24 of 62 Zaremba: Okay. So, there -- they would be giving up what currently functions as a collector without asignal -- De Weerd: Which is frightening. Zaremba: And gaining a collector that connects to a signal at the half mile, is that what -- am I understanding -- Parsons: That would be reducing access to their current intersection and, then, that's what they are proposing and, then, reconstructing a new collector -- you're correct. At the intersection at the half mile. Zaremba: All right. Thank you. De Weerd: Any further questions for staff at this time? Would the applicant like to come forward? Good evening. Larson: Madam Mayor, Members of the Council, my name is Cornel Larson, address 210 Murray in Garden City. I'm here tonight representing The Club At Spurwing, which is the applicant on this project. De Weerd: Thank you. Larson: In short, we have been working on this far a little while to try to get the -- the project done and some of you may or may not have heard about that out in the community, but the intent is to create an additional nine holes to the Spurwing golf course that would be more of a challenge course. It's set up for the -- far the golfer that wants to play and learn and experience a little bit mare of target golf, but he doesn't have quite the amount of time to play the full 18 holes that it takes nowadays to play, so that was the intent with the course. It was also to expand that -- the available products to the members of the club and to future members of the club, so that they have a wider product based that they can use to market and in hopes of also being the largest golf course in the City of Meridian. So, with that being said, we have been working with staff for quite awhile and we appreciate their help and comments and concerns about the -- about the project and to give you a little bit of a -- maybe a project schedule on this, we are looking at this project as -- in the next year relocating the existing driving range. We had to move the existing driving range in its current location over to the new location in order for us to construct the subdivision and to build the rest of the golf course and to put in the new road that would come dawn from Spurwing to the existing stop light. So, the first year would take the relocation of the driving range and, then, in -- sometime in late 2012, this year, maybe early 2013, the rest of the construction would move forward an the golf course and the subdivision. But it takes about a year to grow in a driving range to get the grass ready to use it, so that you can play on it. And, then, we, obviously, have to move to it, so in the light of that, that's about what the project schedule looks like for the -- for moving forward with the -- with the course. We went through all of that staff -- conditions in the staff report and we are pretty much in Meridian City Council January 24, 2012 Page 25 of 62 agreement with all the conditions. We are struggling a little bit with the block length variance and the closing of the existing Spurwing Drive. We would certainly like to maintain that as a right-in, right-out and we can talk about that maybe a little bit in terms of if the intersection where the stop light is becomes disabled, that would be the only way in and out of the Spurwing Subdivision as it currently existed as the only way in and out of the Spurwing Subdivision is through one road. We did manage to in the last year or so, as you heard maybe earlier, make a connection between the Jaykers Subdivision and the Spurwing Subdivision, so we have sort of a backup way out of the subdivision, but it's not areal -- not to be used far heavily traffic road or anything like that. So, part of our concern in trying to ask far keeping the existing Spurwing Way aright-in, right-out was -- was merely to give an exit way or pathway in and out of the subdivision in the event the intersection became disabled through an accident or whatever might happen there. In addition to that, we did talk to ITD about it and that right-in, right-out -- or that existing Spurwing Way is proposed to change to a right-in, right-out under their development plan. So, it wasn't vacated from the ITD's development plan and it is still a part of their development plan to keep that aright-in, right-out. How they do that, either with the pork chop design or median strip or haw that happens, we haven't had that discussion with the transportation department. We do know it would be their preference to close it. But as we started looking at closing it, we got into the block length variance, we got into the, you know, a lot of other issues about how we -- how we effectively close it. The developer has indicated he would have same interest in closing it if there was same way he could vacate that street potentially and maybe even keep it as a gated community or gated street. So, he has some interest in it, but he's really concerned about mostly the access in and out of the subdivision in the event there is a problem at the intersection at the stoplight. So, with that being said, we -- we also had a -- just a few other items we were concerned about and that was -- I sent a letter over I think yesterday and our concern was making sure that we could operate the driving range before we really had to bond for the entire subdivision, because we can't really start the entire subdivision until we get the driving range moved. So, we were asking for a little bit of consideration on Council, maybe something that could be added to the development agreement that would allow us to -- allow the driving range to function while we are processing the rest of the subdivision and the golf course development without going through a big banding thing that would require us to bond the entire subdivision, which is what we would really like not to do. In addition to that, there was a couple of things we noted in the -- in the city's ordinances about sewer access and access to man holes, but I think we can work through that with -- with staff. We have talked to staff on the phone today a couple times. I think we are okay with that. And, then, I think the other things in the letter we were just asking for you -- if you do approve this and to move forward with it, if you could suspend the rules of order and as soon as a development agreement is processed, if you could da the annexation application and rezone in one -- in one reading, this would allow us to move forward with the golf course, because we need to sort of get grass growing on it this year or we are going to be delayed an additional year. And so with that I would be happy to answer any questions far you or -- Meridian City Council January 24, 2012 Page 26 of 62 De Weerd: Council, any questions? I guess I just have a remark. This is a great addition. I remember when Knight Sky came through the neighbors to the north were not really thrilled with the lots that backed up to them. I'm sure they would much rather see this open green space that someone else maintains. Sa, it certainly is an amenity. In particular what I'd like to do is the connection that we had hoped Knight Sky would have been able to gain and that would have been connecting Spurwing to the lighted intersection, because it has been hairy out there in terms of the traffic with the golfers and the residents in terms of that -- how busy Chinden is and trying to get out on that road in particular when you need to da a left-hand turn. Sa, this is, in my opinion, a welcome relief and if it got us -- those residences to a lighted intersection that's all the better. My only question -- and you kind of commented in your remarks is keeping that other access open, Iwould -- would imagine would add greater value to the homes that you want to put along that boulevard, having that closed, because knowing human behavior, they are going to take the least path of resistance and they will go out that way. So, it's going to have plenty of go out and come in that way. It will have plenty of traffic probably still going by those -- those homes. So, if I were a homeowner I would like to have that closed personally and not have those cars going by my house, but that's a personal preference myself. And I like gated communities, unlike some others. Any comments from Council? No questions? Larson: Madam Mayor, I might offer another comment or two. We did have a couple of neighbors that had -- had some concerns before and I think one of the conditions the Planning and Zoning approved was modified and added in as one of the summary documents that Bill had mentioned concerning if there was some golf ball issues on the northern boundary that we would look at how we net that or screen that and come back before the Planning and Zoning Commission with a solution to that. I believe Ken is here to potentially speak to that tonight. We also had another individual -- and I have forgotten his name, but he asked about the amount of fertilizers and stuff that we would be putting on golf course and so went and talked to the golf course superintendent and he really actually puts less fertilizers an than most agricultural operations da and most of the golf course industry has now developed a lot of new golf course turf grasses that take less water, stand up to the golfing traffic a little bit better, they are more durable, they -- they stay greener longer. So, there is not quite as much need to fertilize some of that turf as there has been in the past and it will receive fertilizer from time to time, but not nearly in the amounts typically that an agricultural operation might do. De Weerd: Well, I live on a golf course, so I do know the -- the privilege of having someone else maintain your green space and certainly the -- the occasion of having a ball, but I certainly love living where I live, so -- Larson: And that, again, was part of the reason for the design was to keep the perimeter of the property in some form or amenity of golf and keep the lots internal to that -- to that golf course, so that we didn't really have any lots backing up to the existing neighbors, but we did have open space. And our biggest concern with this concept is the fact that we are interconnected to the commercial area and we could have some Meridian City Council January 24, 2012 Page 27 of 62 Pepsi trucks or traffic through the subdivision, through that commercial area. But other than that we think the layout will work quite nicely. De Weerd: Okay. Council? Yes. Hoaglun: Madam Mayor, I just wanted to follow up -- your request that partial use of the new driving range prior to completion of the subdivision without bonding for the subdivision improvements and I -- actually, Mr. Larson, that's probably more of a question far staff right now and maybe you might -- Larson: Okay. Hoaglun: -- have a comment afterwards, but if we do not require that, what are the -- what are the hazards? Friedman: Thank you, Madam Mayor, Council, Council Member Hoaglun. Bill can address the details, but one of the things that we have worked with the applicant on is actually kind of choreographing the approvals on this, because one of the -- the last condition of the development agreement that is really going to allow them to do a property boundary adjustment to create that driving range parcel whereas I don't have a legal one now and, then, the condition is they have to obtain a final plat within two years. So, in my mind there really are no improvements towards the plat that are directly related to that driving range and I know Bill and Scott Steckline talked at same length today -- and we think this is really something that we can handle at the staff level in continued discussions with the application, because Ican't -- you know, you're going to have to get some level of water down there, obviously, but we are not talking about bonding, tying the subdivision improvements to the driving range and if that's -- and if that's the concern, I'm not sure that it's one that is -- they need to be overly concerned about. Hoaglun: Okay. Madam Mayor, Mr. Larson, comment? Larson: Yeah. Madam Mayor, Councilmen, we think that that's something we can work with. We have a request from the staff as a staff report to submit a CZC DR application and that might actually be, you know, a condition in that that we could move forward with this, but we do need to get the platting complete. The other thing that comes to mind as we have an existing driving range and we are merely relocating it, so if, in fact, the golf course didn't go forward, then, that would be some part of another plat, a subdivision or something like that. 50, it would be a replat. The other thing -- I'm not sure it shows up on this exhibit that's an the screen, but the prior one was a three acre parcel that was an illegal split and so with what we are doing with the new subdivision property boundary adjustment survey would be to clean up the illegal split before we start the actual subdivision and that would, then, give us the one legal lot for the driving range. Hoaglun: Thank you. Meridian City Council January 24, 2012 Page 28 of 62 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The comment about errant golf balls makes me wonder -- it looks like -- I guess you call them the fairways -- six, seven and eight. Is there any mitigation or plan to make sure that errant golf balls don't end up out on Chinden and hit somebody's car on the move or -- what is the -- what is the distance, what's the barrier? Larson: Madam Mayor, Councilman Zaremba, I think that the intent on this is it's a short course, you're not picking your driver up and trying to hit a long ball, you're actually trying to play a little bit more target golf and hit a short ball. That doesn't mean that somebody won't put one out on Chinden, but your hope is that they are being alittle -- a little less aggressive with the club at that point in time, trying to hit a target. Trying to landscape the areas where you typically have errant golf balls with same dense landscape or berming is the other way that we look at a method of preventing the balls from going onto the -- onto the street. You see that pretty evident at Hillcrest Country Club where it's right along Overland and they have got a lot of massive trees growing up there, they very seldom get any golf balls out on Overland. Sa, it would be with time -- hopefully it would be very similar to the -- to the same arrangement that Hillcrest has that we would be able to screen that. We do like the idea of having some open areas as you drive down Chinden so you can see the lake, so you can see same of the golf course, so you can see some of the landscape amenity. So, we might open up some of the tee boxes sa you can see some of those lakes. De Weerd: Are these any closer than just on the other side of -- Bird: No, they are not. De Weerd: Yeah. Isn't the front nine of Spurwing just as close to the highway? Larson: Correct. Part of the reason far redoing the driving range is it's too short at the existing Spurwing, So, when we do have a tournament there with all the new innovations and golf clubs and golf balls they are hitting the balls too far, so we'd like to lengthen the -- the driving range and that's part of the reason for doing that. The existing hole number two I believe plays along Chinden and, then, hole number one has the green there and hole number three has a tee box there. And, then, the driving range is on the east side of existing Spurwing Drive. De Weerd: And most people slice. Just like me. I have to look out far the hookers. Puts a whole different definition of watch out far hookers, but -- Hoaglun: Madam Mayor, it does happen. I slice. That's my problem. From mostly a fade. But one time on Centennial along the freeway my golf ball chased a car down that freeway. Fortunately it missed everything. So, it can happen, but fortunately, it -- Meridian City Council January 24, 2012 Page 29 of 62 Larson: And I pretty much agree. Mine have chased down the road once in awhile, too. But mast of the time I'm way to the right. De Weerd: Any further questions from Council? Okay. Thank you. Larson: Thank you very much. De Weerd: This is a public hearing. Is there anyone who would like to provide comment on any of these applications? Yes, sir. Welcome to our Council. If you will, please, state your name address for the record. Mallea. Madam Mayor, Members of the Council. I'm Ken Mallea. I live at 2241 Almaden Drive. De Weerd: Thank you, Ken. Mallea: Meridian. 83646. And we -- if the aerial could be put up, Bill? We live just to the north of what is marked as the driving range. Our property is our home and pasture and a riding arena and horses and that. And, Madam Mayor, we share your concern about hookers, because for aright-handed golfer going to hook the ball, they are going to -- they are coming right at us. I'm not showing a goad photo there, but that's where we are. The proposal to keep the balls from hitting our properties is a -- I understand it's berms and trees. Fairly dense trees as was mentioned earlier by Mr. Larson and we hope that will work and we do appreciate the P&Z and the condition that was put on by staff at 1.6.9 of the conditions, that if they do find that the berming and trees are not adequate and they decide to put up one of these five story nets, they have to come back and we will argue like crazy that the net should be on their side, rather than on the north. But we will hold that one. One paint I did want to talk to you about is you have a condition of approval 1.4.2 and that is on Exhibit D, page two. It imposes an ongoing obligation on the owner to prune all trees to a minimum height of six feet above the ground. At least on our boundary I can see berm, then, a six foot mandatory window and, then, the trees. I don't think it make sense, if I am understanding correctly the condition of approval. At least if we are trying to have the trees be a buffer to prevent balls from flying onto the adjacent property, I don't know why we would have a mandatory six foot barrier -- gap. And, finally, I would just like to talk about the phasing in and the choreographing of this project as has been discussed and I understand the initial approach is to come in and do the practice range and get that ready and we would ask if incident to that are they going to do the berming and landscaping on their northerly boundary. I think that's part of the practice range, but I have not heard that mentioned tonight. And so, Madam Mayor and Members of the Council, those are my remarks. We are in favor of it. You spoke earlier that it's a quiet crowd or we are brain dead or something -- I don't know what the comment was, but the last time -- De Weerd: It was brain dead, I can guarantee you. Meridian City Council January 24, 2012 Page 30 of 62 Mallea: The last time we were here the room was full and all the neighbors were hot. So, this tells you this is a much better project -- De Weerd: Yes. Yes. Mallea: -- for our neighborhood. So thank you. De Weerd: Thank you. Zaremba: Madam Mayor. Sir? De Weerd: Yes. Mallea: Oh. Yes. Zaremba: Just visualizing sort of what happens on a practice field, many of them use a tractor with some kind of a scoop on it to collect the balls again. Mallea: Yes, sir. Zaremba: Is that anything that would bather you? I mean certainly if it runs at midnight it's going to bather you, but -- Mallea: Well, you know, Madam Mayor and Councilmen, I think they -- we are close by the driving range now, sa we understand how they do it and I have played golf there for years and they do have a cart and when the kid's out there trying to get them, then, you're trying to hit him. Yeah. But we don't think that's going to be a problem Zaremba: Okay. Thank you. Mallea: You know, the -- with all development there is changes and -- but we think this is much better than what was before us in 2006. Thank you. Zaremba: Thanks. De Weerd: Okay. Any other testimony? Yes, sir. If you will, please, state your name and address for the record. Lawrence: Andrew Lawrence. 1685 West Brandt Lane in Meridian. De Weerd: Thank you. Lawrence: We are directly across from the Eagle Island Marketplace and our backyard borders Blue Diamond Golf Course -- or Blue Diamond Turf. My concern earlier at the Planning Commission meeting was that they would be using fertilizers that would get down into our water well and I have been satisfied in talking to several of the planning Meridian City Council January 24, 2012 Page 31 of 62 people that we a to make sure the idea to check it. e okay as long as we annually or semi-annually check our water well water is -- is safe. It can come from anywhere, so it's always a good De Weerd: Very true. Lawrence: That's all I have to offer. De Weerd: Thank you so much Council? Bird: I have none. De Weerd: Thank you. Any comment from staff or any questions from Friedman: Madam Mayor, Members of the Council, I'll let Bill address the tree question, because he developed the conditions. One thing we did want to make you aware of -- and (know that we became aware of it sort of late in the day -- was that the fire department has some concerns also regarding that access that Mayor addressed earlier. So, I would direct any other public safety questions to Chief Niemeyer ar Lieutenant Leslie regarding traffic safety with that existing access point on Chinden. De Weerd: okay. Friedman: And Bill can answer the gentleman's question about the trees and, then, I think it would be appropriate for the applicant to address sort of the timing of the landscaping of the driving range. De Weerd: Thank you, Pete. Parsons: Madam Mayor, Members of the Council, that condition basically pertains to any landscaping along the street. I mean the applicant is proposing several center medians, so I mean ACRD likes those pruned to a certain height, so that they have that visibility taken care of. And so that has nothing to do with internal trees to the driving range or anything like that. That's mainly for any trees that are in the site triangle or any of those parkways that are planned in the public streets. De Weerd: So, those trees are specifically to the arterial -- or along the road sides? Parsons: That is correct. De Weerd: Thank you. Chief, do you have any comments? Niemeyer: Madam Mayor, Members of the Council -- not the Commission. Thank you. We do have some concerns about the right-in, right-out proposed. The concerns do not came from the fire code, but through experience and public safety. Linder and Chinden, Meridian City Council January 24, 2012 Page 32 of 62 that's a 55 mile an hour road or a high speed road as we consider it. The current entrance to Spurwing and the distance to Long Lake I believe is about 575 feet. If you're headed westbound on Chinden and you're going into that right-in, there is going to have to be a deceleration lane to get down from 55 to a speed that's appropriate to turn into that right-in. Our concern is that because of the intersection to Lang Lake, people are people and there is a strong likelihood that those right-hand turn signals are going to come on at or before the intersection. Somebody sitting at Long Lake wanting to turn right onto Chinden may mistake that as them turning into Chinden and, then, pull out and, then, we would have a subsequent T-bone accident into the driver's side. We have seen these type of accidents before. Considering the speeds that you have on Chinden, that is our primary concern by doing the right-in and the spacing between Long Lake and that current access into Spurwing and the deceleration lane that's going to be needed to get into it. Hoaglun: Madam Mayor, I -- it must be we have been here for awhile, because I -- I'm sorry, chief, I didn't follow that. You have got the light there at Long Lake that will go in, the four corners when their new roadway is in and at the right-in -- where they are proposing the right-in, right-out, I can understand the deceleration lane, but what I didn't follow is what light are they looking at and they have -- you have the potential fora T- bone, which is a very serious crash. Niemeyer: Sure. So, if you have somebody sitting at Lang Lake and they want to turn right onto Chinden and you have a car going westbound on Chinden with their right- hand turn signal on, thinking that they are turning for the deceleration lane, somebody at that light might mistake that and go ahead and pull out onto Chinden thinking they are going to turn right onto Long Lake, as opposed to the actual turn signal for the deceleration lane going into the secondary access. We have seen that before where a lot of cars pull out in front of others thinking they turning on one road and they are actually not and so that is a primary concern with the secondary access that we have. Again, the speeds on Chinden raise that concern even higher. Hoaglun: Okay. Thank you. I follow you now. Nickel: Good evening, Madam Mayor and Council Members. For the record, Shawn Nickel. SLN Planning, 1589 North Estancia. De Weerd: Thank you. Nickel: Nonhooker, by the way. De Weerd: Slicer, uh? Nickel: Yeah. Definitely a slicer. Here tonight representing Sea 2 Sea, LLC, the farmer owners of the property, that will also be retaining the corner commercial piece. De Weerd: And I look forward to the water feature. Meridian City Council January 24, 2012 Page 33 of 62 Nickel: Yes. And we still have that commitment to your wonderful city. A water feature, Madam Mayor. Listening to the testimony tonight, the presentation, we want to ga on record as being in favor of the application as it has been presented and that is all. Short and sweet. De Weerd: We like short and sweet. Especially from a planner. Nickel: Thank you. De Weerd: Council, any questions for Shawn? Bird: I have none. De Weerd: We appreciate you being here. Nickel: Thank you. De Weerd: Any further testimony? Okay. Cornel? Larson: Madam Mayor, Members of the Council, Cornel Larson again returning. Bill had actually addressed the tree pruning issue, so I think that's been substantially addressed. The landscaping an the driving range would be a part of our CZC DR submittal. We would show the landscaping that would be proposed for the driving range on that submittal to the city. We have not proceeded with that submittal as we are waiting to see if we get everything approved. But when we do make that submittal for the driving range, hopefully within the next 30 to 45 days, we would have a landscape plan that would show haw the driving range will be planted and haw the berming will occur and haw the finished product would look. De Weerd: So, the planting, the berming, and the greening up will all happen at the same time. Larson: Yeah. It would be part of the driving range. We would want it so that it was fully functional when it's done. We wouldn't have to go back and add planting or do anything additional to it, we would want that product to be once it's done it's done and they move on to the rest of the golf course. And let's see. In regards to the decel-acel lane, we understand the -- the concern on that. We -- currently I believe there is a decel lane going into the existing Spurwing entry, which we are proposing as a -- as a right-in, right-out. At this point in time I'm assuming it would just remain in place. We have not met with the transportation department to see how that signalization design might work and how all that might coordinate as far as a design effort and show that traffic would flow there eventually, but I'm sure they would have maybe some similar concerns. De Weerd: Okay. Council, any questions? Meridian City Council January 24, 2012 Page 34 of 62 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Back in the first part of your comments earlier you said something about suspension of rules when this comes up for annexation and I didn't totally follow you. Can you run that by again? Larson: Yes, Madam Mayor, Councilman Zaremba. Our intent would be to move as quickly as possible if you approve the project, so normally there has been -- on annexation request there has been athree -- three time reading of the annexation ordinance. We were asking you to suspend the three readings and try to do it all in one reading, so that we could, then, submit the necessary applications for the CZC DR on the driving range. Nary: Madam Mayor? Zaremba: So, my recollection is that we have done that in cases where we didn't think there was any dispute about it and I guess Mr. Nary is -- I was going to turn to Mr. Nary anyhow and say can we do that. Nary: Madam Mayor, Members of the Council, our normal course here is that we get the Findings approved by Council, because you don't have a meeting next week, hopefully it would be the following week, it kind of depends on Planning. Once the Findings have been approved we, then, will send the development agreement to the -- to the developer, usually within a week. Once we get it back we submit it with the -- with the annexation ordinance at the same time to the clerk's office and the clerk's office actually sends it out. We don't normally an annexation ordinances do three readings. We normally da one, because you have already had a hearing. So -- so, that is our normal course. Sa, realistically we should, hopefully, if everything goes well, get this back on your agenda for approval within four to five weeks, so -- so, that is our normal course, Mr. Larson, just so you know. Larson: Okay. Thank you, Mr. Nary. Zaremba: Thank you. Nary: City of Boise does it the way you're talking about. Larson: Also in addition the other question was is do we -- do we process the development application -- or the development agreement or does the City of Meridian and we would be available to process that if that's of any help to you guys. Nary: And, Madam Mayor, Members of the Council, we process -- we prepare the development application and, again, part of our routine course, so, again, once the -- Meridian City Council January 24, 2012 Page 35 of 62 once the Findings are approved, then, we prepare the development agreement and it generally takes no longer than a week. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Cornel, getting back to this right-in, right-out road, it isn't a real heartburn to me and I -- and the T-bone wrecks and stuff, I mean you got it all up and dawn every -- Fairview all the time, you got cars signaling to come in right, but before you turn -- before you pull out you make sure they are pulling into the parking lot. But haw -- the thing I'm afraid of at this -- if you leave it there, even though it's aright-in, right-out, it's going to be the most used road, unless the people want to go east. Because they are used to it. And that -- De Weerd: Your time is up, Mr. Bird. Bird: So, you know, that's my fear is that it will -- my biggest fear is we will have people like we have on Eagle Road with the right-in and right-outs trying to go left and it happens all the time on Eagle Raad. So, I -- I'd like to keep that right-in, right-out, but the way I think the people that live in there now will be -- that road will be easier to get in and out of better than the new road for 90 percent of the homes in there. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Would it be useful to have aright-in only and no out? You don't look real thrilled about that idea. Larson: Well, Madam Mayor, Councilman Zaremba, one of the things in just -- and hearing Councilman Bird's comments, one of the things that might be a solution is if -- if the City Council would consider allowing the vacation of that road, creating it as a private drive, maybe for a gated community and taking it off of the connection to Chinden and just removing it from that and allowing us to deal with it in that manner. I haven't -- we spoke to the -- to our clients about that early on and there was some receptivity to that as the Mayor had spoke to making the lots a little more attractive and so that might be a solution that Council could consider and we could certainly look to the developer to go along with that based on the comments we heard tonight. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Help me understand that. There would be access to Chinden and the gate would be at the north end of that current road? Meridian City Council January 24, 2012 Page 36 of 62 Larson: The gate would be at the -- Zaremba: It would be the five lots that had a gated community? Larson: Correct. Madam Mayor, Councilman Zaremba, that would be correct. There was -- as I recall when we looked at it there was a condition in the UDC that said that the gated community streets couldn't be over 450 feet long and we certainly exceeded that, so that was one of our concerns in originally going in asking far that, but a 450 foot long street is -- it's five lots, unfortunately, these lots are a little bit bigger than that and they would need a longer street. Plus we would need a fire truck turnaround at the end and -- ar a -- you know, a cul-de-sac or a T-bone or some sort of turnaround at the end. Hoaglun: Madam Mayor? De Vlleerd: Mr. Hoaglun. Hoaglun: Question -- I don't know if this should be directed to Pete or Bill or Bill Nary. The -- the ultimate approval of whether they get aright-in ar right-out is left to ITD; is that correct? I mean if they say no vehicular access there once that other intersection is? In place, then, it doesn't matter what we do. If I recall on our other issues. Is that correct? Friedman: Madam Mayor, Members of the Council, Council Member Hoaglun, actually, it's a two part approval. ITD can approve or deny who has access to their highways, but you, as the City Council, have the authority to grant or deny approval to a development from that highway and the UDC is very specific about that in that in order to -- where we have an existing access and we are trying to shut one down and, then, create a new one, you do have to grant -- either grant the variance or deny the variance. Sometimes Council has waited to find out -- you know, or wait for an applicant to gain ITD's approval. But it's very clear in the code that access to state highways was an intensification of use, has to be eliminated or reduced through the code and any exception to that has to be granted a variance. Hoaglun: Madam Mayor and Pete, just thinking out loud, you know, I'm thinking, okay, if they deal with the highway, that's -- and we deal with road issues as well, but that's their jurisdiction and I'm trying to think how often have we said, okay, you can do that, but only if you get permission from ACHD or ITD. And if they deny it, then, it doesn't go through, but if they do say, okay, you can do it with these considerations, Idon't know, it may come back to us to -- to agree with maybe some changes they have made or because we said if they approve it, then, we are on board. I don't know. That's -- I guess I'm kind of thinking out loud about that to see if that's a way to go. Friedman: And it is certainly -- certainly at the discretion of the Council. My recollection it's been sort of a mixed series of approvals, depending on a case by ease situation. I don't know if I'm helping you come to a decision on that or not, but I can only tell you Meridian City Council January 24, 2012 Page 37 of 62 what our code says. Yau have -- you have the authority to either grant the variance, deny the variance, grant the variance conditionally, depending on ITD, any number of things. Hoaglun: Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Cornet, refresh my memory. Where does the new road take off into Jaykers back there? Is that -- is that off of hole number -- Larson: It's number -- Bird: Right where you start down the hill? Larson: No. It's a little sooner than that. It's the end of Balata Court. If we could maybe go back to that overall area I might be able to get a little closer where that -- Bird: It's over here. Larson: Actually about right -- Bird: Yeah. Larson: About right in there. Bird: Right there. Just south of the little building there. Larson: Yeah. Yeah. About right in there. Bird: Uh-huh. Larson: That access requires that they drive a long loop around there right now. I think you will see in the next few weeks maybe another preliminary plat coming in that might shorten that drive up a little bit. Bird: After -- you know, Councilman Hoaglun I think brought up a good point that -- and we had this happen all along Eagle, is ITD will only allow right-in and rights-out and, then, we have always went along with it. And you have not talked to ITD about this? Larson: I did talk to Mr. Sollet, who is he administrator, after he had written the letter that's probably in your staff report and his comment was, you know, we had kept that right-in, right-out in our transportation plan, it is available to you, we probably cannot take it away from you. Those were his comments. But he says you have to go through Meridian City Council January 24, 2012 Page 38 of 62 the process to find that out. Our comment was at that point in time we thought we wanted it. You know, after what we are hearing tonight maybe -- maybe we don't. Maybe we need to reloak at that somehow. Bird: The thing is if we make it a right-in and right-out, Cornel, I think mast of the people that will be coming out of there is going to be going back east towards Boise, so they will be forced to go -- if we put the right barrier up they will be forced to go to the lighted one. Larson: If a median strip were put in there, Councilman Bird, they would be forced to go to the light. Bird: And -- and I'd have to say that 75 percent of the trips will be going back to Boise, other than to Nampa -- of people living in there. So, I could -- I think I'm like Mr. Hoaglun, we could figure something out on doing something with that. Hoaglun: Madam Mayor, just to comment on that -- and I think a lot of people that are coming from Boise, they would find that easier to go into the subdivision, especially if they are living on the west side, as opposed to the light, and a lot of times I will travel the extra distance to go to the light to turn left against traffic, just because I know it's -- I'm protected a lot more than trying to came out, so -- but I think a key point you raise is making sure the -- if we allow that to make sure the island or median might be in place, those types of things, to keep that from -- people trying to sneak out when they think traffic is light, so -- like they do on Eagle Road right now. De Weerd: I think you're going to get a lot of traffic going in, so -- just my personal opinion as a lazy driver. Bird: Going in don't bother me, it's the ones that are going to try to go out to the left out of there. De Weerd: Any further questions? Since we are not traffic engineers and we don't even have authority for traffic. It's all speculation. Nothing further? Larson: No. Thank you. De Weerd: Thank you. Staff, anything further? Friedman: Madam Mayor, Members of the Council, I know you had specific questions regarding what happens to the existing access if you do close it. If that's your inclination we can talk more about that, if they propose to do a gate, but if your inclination is to grant the variance, I will just sit back and wait and see what you do. De Weerd: Okay. Even though our applicant has had the closing remarks, it looks like there might be additional testimony. If you would like to come forward. If you will, please, state your name and address far the record. Meridian City Council January 24, 2012 Page 39 of 62 Cobalt: Yes. My name is Mary Cobalt and I live at 7146 North Spurwing Way. De Weerd: Thank you. Cobalt: And I am in Spurwing Subdivision and I use that exit and it wouldn't bother me using the exit where the light is at all. To me personally I think it would be rather awkward to have both entrances and the other comment when they -- the gentleman said that there would only be one exit then, if we just have it where the light is, that's all we have now, but there would actually be a second exit over there that would go aver to Linder that would go through that little commercial district. I believe I'm correct on that. De Weerd: I believe they envision limited access to that, so they don't have a lot of traffic going through that particular area, but -- Cobalt: Would that be a right-in, right-out, so if there were an accident there at the light Chinden that would a possible exit to get out of the subdivision? De Weerd: I will have to ask staff ar the applicant to answer that. Friedman: Madam Mayor, Members of the Council, yes, she is correct. However, it's a future condition. As you can see from the plat we do have a public street that is stubbed to the property to the east and, then, it is contemplated that when that property ultimately does develop we would carry a road through aver to Linder. I can't tell you at this time whether it would be a lighted intersection or not, because we, first of all, don't know when that development will occur, but that would be an evaluation that will be made by the highway district at the time that that development is proposed. De Weerd: But certainly in the case of an emergency there is a goad possibility you have at least another access paint. Cobalt: Uh-huh. That's all I have. De Weerd: Thank you. One mare time for the record. Larson: One more time. Madam Mayor, Cornel Larson. The road going over to Linder Road would come out in alignment with the entry that is across from the Fred Meyers right-in, right-out. This would also be a right-in, right-out of that property, so it gets you to the Linder Road in the future, but it would not allow you to make a left turn on Linder. It would allow you to make a right turn to the stoplight on Linder and that is a condition that I believe the highway district had in their staff report far this piece of property that really was pulled out of the review that we are going through right now. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council January 24, 2012 Page 40 of 62 Bird: That right-in, right-out, is not that close to the light, is it? Larson: Yes, it is, Councilman Bird. Bird: And you're worried about the one down there. Larson: Madam Mayor, Councilman Bird, that's been the issue with that piece of ground is how to gain access to it to -- from the Linder Road side and it's going to be a right-in, right-out there under ACHD's policies. And ACRD controls that portion of the road. De Weerd: Anything further? Larson: Thank you. De Weerd: Thank you. Any further information from staff? Friedman: Not at this time. De Weerd: Okay. Hoaglun: Madam Mayor. A process question and that is I would assume that we would tackle these one by one in going through that. We heard -- F, G, H and I are kind of a package deal, but just a clarification on how we might -- what's the best way to -- De Weerd: You can do this any way you want, but if you would like first to close the public hearing and, then, ga through item by item or close the public hearing and, then, go through item by item. Or close the public hearings item by item. Hoaglun: Well, Madam Mayor, for me it would be a little easier just to take them one at a time, just to go through these. Most of these are fairly straight forward. I think when we get to J and K it gets a little more interesting. I would move we close the public hearing on AZ 11-005. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council January 24, 2012 Page 41 of 62 Hoaglun: I move approval of AZ 11-005. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-F. Any discussion? Bird: Is that to include staff and applicant and public testimony? Hoaglun: Yes. I meant to include -- that includes staff and applicant testimony. And public testimony. De Weerd: Anything further? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: I guess I would ask Mr. Nary if there is a chance as this is being developed by the Planning staff to get the annexation in front of Council for approval if staff can also start working on the development agreement as much as possible to work them concurrently. Nary: Madam Mayor, Members of the Council, most of our development agreement is a template, so the only conditions that -- the specific conditions that the staff has -- and just so you understand, we many times have tried to prepare them in advance of the Council's approval and almost invariably when we have there is something that changes, even slightly, and we just have to do it aver. So, again, most of it can be done -- once we approve the Findings we will -- we will send it out by that week -- by the end of the week. It normally doesn't take very much. So, it is done simultaneously now. De Weerd: Okay. Thank you. Okay. Item 8-G. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on RZ 11-006. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-G. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council January 24, 2012 Page 42 of 62 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of RZ 11-006 and include all staff, applicant, and public comment. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-G. Is there any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 8-H. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on PP 11-011. Bird: Second. 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: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of PP 11-011, to include all staff, applicant, and public testimony. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-H. And this is always where it's weird, because you're approving a plat with the items on for the variance. Meridian City Council January 24, 2012 Page 43 of 62 Friedman: Madam Mayar, Members of the Council, this is probably -- or probably before the Council acts on this, if it's inclination is to approve the preliminary plat, I think this would probably be the time to address the two items on the variance, because they da affect plat layout. That would be the block length and the access. Hoaglun: Madam Mayor, Pete makes a good point. We could -- I think if we could do that, then, I think we could include -- we would do the variance first before we do the preliminary plat. So, let me withdraw my motion for approval of PP 11-011. Bird: Second agrees. De Weerd: Thank you. Then we have the withdrawal of the motion and second agrees, so we will discuss Item 8-J. Hoaglun: Madam Mayor? De Weerd: So, do you want to have a discussion before you make a motion to close the public hearing or do you have anything you want to discuss? Hoaglun: Sure. I'm always open to discussion. My thoughts on this variance, a maximum block length sounds like it's workable, what the plans are for additional fire hydrants, that sort of thing, and I'm looking at allowing the existing Spurwing entrance to remain open as a right-in, right-out pending ITD approvals and any requirements that they may have for that access point. That way if Mr. Larson is able to convince them it's worth keeping open and they put some safety -- longer decel lanes, that sort of thing, median requirements. I'm fine with that. I don't want to -- it's a call that they can make, but I -- and if they allow it, I don't want to be the one standing in the way to allow that if they think that can be done in a safe manner. Sa, that's where I'm going in my mind an this variance request. De Weerd: Mr. Nary, I guess I would have a question if the motion were worded like that, but maybe an extra statement in -- in the -- if the applicant were to decide to close this access for the public safety reasons, if we could also grant the black length at this time, if they chase to do that, because wouldn't that have concern with block length if that were to be closed? Nary: Madam Mayor, Members of the Council, regardless of whether it's open or closed, the block length still remains an issue, sa you will still -- the Council will still need to grant the variance for the block length. De Weerd: okay. Zaremba: Madam Mayar? De Weerd: Who just spoke? Oh, Mr. Zaremba. Meridian City Council January 24, 2012 Page 44 of 62 Zaremba: Just to chime in an these subjects. As I recall when we were proposing and writing the new UDC, which is no longer that new, the discussion about block length was geared more to where there is a street grid, as opposed to this where you have one street that really doesn't connect into a grid ar go other places and there were -- there really two issues. One is walkability and, you know, access to other parts of the same neighborhood. The other was the fire issue and how long a fire hose is or how far they can drag it from a hydrant. I'm satisfied that the grid portion of it doesn't apply here. If -- if the fire department is satisfied that the hose length is not a problem, then, I have no problem granting that part of the variance an -- an either of the sections that need that. As far as the right-in, right-out, I like the suggestion of saying we would approve it if ITD does and, if not, then, we will solve it some other way. I don't know if Chief Niemeyer wants to comment on that. I think we have heard that you are already in agreement with it. Niemeyer: Councilman Zaremba, I would agree with you. Not having a good aerial of where the current hydrants are, but certainly we would be willing to work with the applicant to insure that we have a proper hydrant location. Zaremba: Thank you. Bird: Madam Mayar? De Weerd: Mr. Bird. Bird: I, too, agree on the lot -- the variance both ways. I agree with the two Councilmen, so -- if we have no more discussion -- Nary: Pull yaur mike aver. Zaremba: I'm not hearing yau. Bird: I said I agree with the other two and if we don't have anymore, I would move that we close the public hearing an VAR 11-003. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-J. All those in favor say. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayar? De Weerd: Mr. Hoaglun. Meridian City Council January 24, 2012 Page 45 of 62 Hoaglun: I move approval of VAR 11-003, to allow the applicant to exceed the maximum block length and to allow the existing Spurwing Subdivision entrance to remain open as a right-in, right-out access point pending ITD approvals and safety requirements if they do, indeed, approve the right-in, right-out access point. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Back to H. De Weerd: Yes. 8-K -- yeah. It doesn't matter. We have closed the public hearing on Item 8-H. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Now that we have dispensed with the variance that applies to the preliminary plat, I move approval of PP 11-011. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-H. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 8-I Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on CUP 11-009. Meridian City Council January 24, 2012 Page 46 of 62 Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-I. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of CUP 11-009, appending all staff, applicant, and public comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-I. Any comments? Madam Clerk. Rall-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 8-K. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing MDA 11-011. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-K. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of MDA 11-001, including all staff, applicant, and public comment. Meridian City Council January 24, 2012 Page 47 of 62 Bird: Second. De Weerd: I have a motion and a second to approve Item 8-K. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Department Reports A. Public Works -Budget Amendment to Fill the Public Works Inspector III Position for aNot-to-Exceed Amount of $98,628.00 De Weerd: Item 9-A is a Department Report under our Public Works Department and will turn this over to Rich. Dees: Madam Mayor, Members of the Council, thank you. Before you today is a -- is an application. It's an amendment to hire an inspector three -- Public Works inspector three. Yau heard about it last week. We had a presentation that talked about our need for having an inspector three. The amendment proposes that we spend one time fees of 26,44 dollars and ongoing fees of 72,207 dollars. Basically, the one time fee is to buy the pickup truck and all the things that you need to put in the pickup truck for the inspector and, then, the 72,000 dollars is to pay his wages and salary and that sort of thing. The need far the inspector was presented last -- last week, but, in short, we need an inspector three because we need the extra expertise, if you will, to take care of the increased inspection we will need for the -- especially wastewater treatment plant. Far example, this year we have 72,000 dollars worth of work to be done in a hundred days and that will more than cover the cost of an inspector. We figure over five years, up until 2017, if we were to contract it out it would cast us over 900,000. So, it will save us a great deal of money. At the same time we get the extra control that we -- we can exercise over an inspector to do the things that need to be done for us and certainly inspect other things, where we couldn't do that necessarily with a contract inspector. So, with that I'll stand for any questions. De Weerd: Thank you. I guess, Rich, I would also add in some of the discussions I've had on this particular item, is that in defining best practices and new procedures within the department it also puts additional pressure an the existing employees that time is an element as part of -- and also I thought the warranty surety program ar the inspection and the more frequent inspection of these lines that are existing adds to that as well. Dees: Madam Mayor, Members of the Council, you're correct. Not only are the warranty surety issues more compelling -- a reason to have an inspector on staff, these Meridian City Council January 24, 2012 Page 48 of 62 inspectors are more complex. They are not the run-of-the-mill -- you can hire somebody off the street and go take a peek of a piece of pipe laying on the ground. This is -- this is building things at the treatment plant which are technically mare complex than they are run of the mill things that are in the ground, infrastructure type things. Sa, that's the reason for the inspector three. We need someone with some talent that can actually help us out and become more proficient and take the load off of staff. De Weerd: Thank you. Council, any questions on this? Bird: I have none. Hoaglun: Madam Mayor, is that talent in this room? Do we have talent like that available? Dees: Absolutely. Hoaglun: Okay. Glad to hear that. Zaremba: Madam Mayor? Hoaglun: Well, perhaps. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move approval of the budget amendment to fill the Public Works inspector three position far a not to exceed amount of 98,628 dollars. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Mayor, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Mayor's Office: Resolution No. 12-833: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Mary Jensen to Seat 2 of the Meridian Arts Commission and Dwight Williams to Seat 3 of the Meridian Arts Commission Meridian City Council January 24, 2012 Page 49 of 62 De Weerd: Item 9-B is under the Mayor's office. Council, in front of you you have Resolution 12-833. It's a resolution to reappoint Mary Jensen to Seat 2 and Dwight Williams to Seat 3 of the Meridian Arts Commission. Both Mary and Dwight have been with our Arts Commission from the beginning and both of them are instrumental in this commission. I think you all are very aware of Dwight Williams and as the take down and put up of art gallery he is invaluable to the city and to this commission and Mary is -- is the ane that really appoints or coordinates the Missoula art -- or Missoula theater. Hoaglun: Children's theater. De Weerd: Children's theater program. So, they are very active on the Arts Commission and I would ask for your approval to reappoint these two individuals to the Meridian Arts Commission. Hoaglun: Madam Mayor, just to follow up, what you said is very true, they are very involved in the Arts Commission, they take the lead with the Missoula children's theater and Dwight with the Initial Point Gallery and they da wonderful work. So, with that, Madam Mayor, I move approval of Resolution No. 12-833. Bird: With suspension of rules. Hoaglun: With suspension of rules. Yes. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Parks and Recreation: Amendments to Pathways Master Plan D. Parks and Recreation: Resolution No. 12-834: Amendment to the Pathways Master Plan De Weerd: Item 9-C is our Parks and Recreation Department and I will turn this aver to Steve and Jay. Oh, Steve is Vanna. Gibbons: Technical assistance on the setup part. Going to do this a little ald school. Hoaglun: You have a flip chart, Jay? No. Meridian City Council January 24, 2012 Page 50 of 62 De Weerd: No. There is slide that you slide on there. Gibbons: Ah, yes. It works just fine. Excellent. Madam Mayor, Councilmen, I am going to try to keep this as brief as possible. I'm here tonight to bring to you far consideration an amendment to the pathways master plan, specifically the pathways network map. Exhibit 1 in your packet indicates 15 different pathway segments that need a little upgrade from the -- the amendment that was passed. The last time we amended this --this map and this plan was in January 2010, two years ago. In that time there have been a number of pathway segments that have been -- the gaps have been filled. There have been a number of pathway segments on this map that were initially more conceptual in nature and now through the entitlement process and some of the applications that have been approved through Council in the last couple years, it's time to -- time to indicate those appropriate on the map as well. And there is also two instances of alternative routes for future pathways that need to be shown on this map. Basically with those 15 segment amendments, I have those lined out as as A through ~. On page two and three to five. In addition to the map amendment itself I also have four text amendments in the plan that pertain to -- back in chapter four, so that the text of the plan matches up with the segments that are proposed to be changed. In addition to that I have one -- one pathway master plan graphic amendment. As you're aware, our master plan is a guide for us and for future development of pathways. At times it gets taken a little bit too literally and currently Figure 3-2 in Chapter 3 is an asphalt pathway cross-section current detail and that cross-section detail indicates the requirement for three inch Class C asphalt paving. All of our projects pertain or are in compliance with the Idaho Standards for Public Works construction and there is no Class C asphalt in those specifications, so I want to amend that graphic far future purposes and take out the Class A and strictly called it three inch of asphalt paving and I'm also adding a note at the bottom of that that speaks to the requirement of a geotechnical report and this section will be in accordance with what the scientists tell us about the soil structural integrity and the type of path that needs to be built on it. So, with that I am going to give you the opportunity to -- I can -- I can go through each of these pathway segment amendments A through ~ one at a time, as briefly as possible, or I can skip ahead to the ones that you have questions about. And Iwill -- I will note that this -- this graphic with the A through ~ on it that's on your computer, it indicates what the -- it reflects the new changes on it and are highlighted. I also brought the previously adopted Meridian pathways network map, then, I can zoom in on some of the segments that indicate what came before. Unfortunately, the graphics that I present in Exhibits 2 through 16 basically show what the final condition will be. They don't reflect necessarily what came before. De Weerd: Jay, can you try and put both of those on the screen? Gibbons: I can try. De Weerd: So we can see them side by side. Yeah. That's goad. Meridian City Council January 24, 2012 Page 51 of 62 Gibbons: And I know we can zoom in from there. Would you like me to go through each segment as briefly as possible or are same of them apparent and you want to skip through? De Weerd: I would love you to walk through it -- Gibbons: Okay. De Weerd: -- as briefly as possible, but each one. Gibbons: Nat a problem. On Exhibit 2 is the Heroes Park east side pathway. This segment was up graded and completed last summer. It is the pathway on the east side separated -- it started out as a separated sidewalk along Black Sand Avenue. We removed the four foot separated sidewalk and replaced that with a ten foot asphalt pathway that now allows us to have a full ten foot wide pathway around the entire perimeter of the park. Hoaglun: Jay, da you want to put the individual graphics up as you're talking about them? Gibbons: That I can do, too. De Weerd: I think Vanna should. Siddoway: I can do that. De Weerd: I'm kidding, Steve. Gibbons: This northwest Meridian in Heroes Park itself. It's this section of pathway here along Black Sands on the side of the park. Do you have any questions an that one? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: In the northwest corner of this park -- refresh my memory on the land swap with the church there, I thought we managed to have the pathway connect up to Ten Mile in the northwest corner. Are we -- am I remember that wrong? Gibbons: Madam Mayor, Councilman Zaremba, no, you're remembering that correctly and that is -- that pathway does connect out to Ten Mile, as well as to a micro path or the sidewalk that runs to the north to a little subdivision up there. It isn't indicated on this map per se. I can certainly add that far the plan to be a little accurate. Zaremba: You scared me. That's all. Meridian City Council January 24, 2012 Page 52 of 62 Gibbons: I apologize for that, but it does go -- Zaremba: It exists in reality, it just doesn't show here. All right. Thank you. Gibbons: Any other questions on that? Exhibit 3 is the Bridgetower to Sawtooth Middle School alternative route. Currently and as the text speaks in the plan, the proposed future pathway bisects this undeveloped 40 acre parcel -- follows the Norse Lateral across the -- it's currently being farmed on the north side of that -- that ditch and there is a ditch rider road, basically, on both sides of that. It's in pretty rough shape. We are proposing to show an alternative route to that designated future route that would follow an existing east-west alignment of -- there is a sewer easement on the north side of Watersong Estates that runs that property line, so it's improved to the west boundary of the subdivision and, then, extend the pathway -- the alternative pathway route to the north along the east boundary of Bridgetower to connect to the existing -- existing pathway through Bridgetower itself. We believe indicating both possible routes gives us abetter point of leverage when that --that property develops to work with the developer to have them construct this pathway for us in a location that works best for his development potential, as well as to insure that our pathway keeps people from ending up having a pathway bisecting through the middle of the parking lot or through a building ar what have you, we have a way to work around it as well, so we are looking at this as an extra negotiating point. Hoaglun: Madam Mayor. Yeah, Jay, I guess that kind of answered my question right there, because that drain is going to remain there, it's going to be open, they are not covering that. It goes all through Bridgetower and it remains open. So, giving you leverage is a key point. I was thinking, well, why are we doing that, but you answered my question right there, so that makes sense to do that. Gibbons: We like plenty of options and tools. Hoaglun: You bet. Thank you. Gibbons: Any other questions on Exhibit 3? Exhibit 4 is the Five Mile Creek Pathway Segment E alignment. We are currently under a design contract far the pathway itself. This runs along the north side of -- of Five Mile Creek just north of Ustick Road, south of Bridgetower there is the ACRD drainage pond -- well, drain facility right on that side. The existing master plan -- pathways master plan shows -- indicates that that pathway alignment along ACHD's facility runs on the north side of the facility and, then, back down to the proposed pathway southeast corner of Bridgetower. The easement that we received from ACHD follows their maintenance road on the south side of that, so we don't have that jog to the north. So, our amendment here is to simply indicate the most direct route and it follows the existing easement that we secured in September. Hoaglun: Madam Mayor. Jay, are they going to be removing that fence that bisects that -- right when you get to that property edge? Meridian City Council January 24, 2012 Page 53 of 62 Gibbons: Madam Mayor, Councilman Hoaglun, yes. The fence that is actually on the Bridgetower side of that drainage way, that needs to be cut back and that's part of the project -- it's part of the design project that I currently have construction drawings. We are working with a surveyor on legal descriptions for an easement, a license agreement on that section, so -- Hoaglun: okay. Thank you. And you can call it what one of my neighbors calls it, he calls it a fenced in bomb crater that ACRD has there, so -- Gibbons: Uh-huh. Hoaglun: It fits. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to that location I would comment I think the reason it originally went around it was that there was no way across that ravine and ACRD has since built -- I don't know if you would call it a bridge, but it's a culvert ar -- anyhow, there is a -- the pathway does connect in the location where there used to be a deep ravine and that's a goad thing. Gibbons: Madam Mayor, Councilman Zaremba, you are correct. De Weerd: I think Nampa-Meridian did that. Gibbons: Yes, they did. De Weerd: Much to some chagrin. Gibbons: It was also -- and you're correct, Councilman Zaremba, in that it did go -- it needed to cross at the flat ground on the north end of that -- that little drain. However, it didn't necessarily have to go on the north side of the -- of the drainage basin itself. There are two fences there and that would be a pretty tight enclosed space. It would have made more sense to go as it's indicated here, across the bottom and, then, up to the north to get to that -- that crossing if it can go straight across, sa -- because they have an access -- it's a maintenance access road on the west -- the west side of that drainage facility anyway, so -- we have a plan regardless of which way it works out, so -- are there any other questions on Exhibit 4? Exhibit 5 is the Bud Porter south slough connection and this -- this is actually two fold. The first -- the first paint of the amendment is to indicate future proposed connection between, of course, Bud Porter that runs along Five Mile Creek north of 8th Street Park and we would like to provide a connection up to the south slough. We have an existing pathway that dead ends at the west end of Bolan Courts, comes through Clearbrook Estates and I actually worked with Meridian City Council January 24, 2012 Page 54 of 62 the three subdivisions involved earlier this past summer to see if we could -- we could do this. De Weerd: Well, the condition is not all that great at that pathway, is it? It seems like there is a lot of root or damage due to some of the trees. Gibbons: Madam Mayor, there are issues with those two existing pathways. We are also looking at -- Longren is connecting those -- those two major pathways. We understand that the pathway through Bolan Court and Clearbrook Estates have a lot of cottonwoods and willow that have been planted in there or have grown naturally along the south slough and they are tearing up that asphalt pretty bad. Before the city would take those pathways they would need to be repaired. But, regardless, we -- I went to the homeowners associations and, of course, two were on board, but this pathway connection runs through two common areas and two phases of this subdivision, the Waterbury Subdivision, which is a goad opportunity, however, the neighbors on both sides were adamantly against it and so I would like to amend the map at this time to show this is a future connection, so that I can go back and we would still like this connection one day and maybe the -- the atmosphere and the interest will be more at a later date, but it will be on our plan at least. The second part of this exhibit is to show the existing pathway that was built in the summer of 2010 through connecting the Bud Porter pathway dawn through 8th Street Park over to 8th Street. That wasn't shown before, so we need to update for what's really on the ground. And so that's where we stand on Exhibit 5. Any questions an that one? The Jackson Drain connection this is simply housekeeping. There was a series of little green dots far segments that had not been completed in the past last summer. One of my projects was to fill those gaps and we did that along North Lakes Place. We widened the sidewalk so that we have nearly a -- we have mostly ten foot sidewalk. It narrows to eight right at Hopkins Financial, but, then, that tied around and we were able to fill some gaps and connect to Fathergil up on Blue Heron Lane and widen the existing sidewalk into a ten foot pathway that connected along East James Court. And sa this exhibit is -- it's housekeeping. It was -- it was many green dots and a lot of red ones, now it's all red. That's a good thing. Exhibit 7 is the Zebulon Heights pathway alignment. In the existing plan the pathway along the south and the point on the north pretty much align with what it was, but the existing pathway looped up somewhat through the vacant east side of that development, subsequent to just this past -- in the past year the final plats and the agreements with -- with Zebulon Heights has allowed us to show the true end result pathway alignment and so it starts here and I can't read the name of that, but Zebulon Heights Four was just recently final platted. There is a --there is a common area park that the pathway would run through and, then, it follows, basically, the road alignment up until it actually will tie into the -- there is an ACRD drainage way up there that has a drain run along it and we do have an easement in order to connect that across the ACHD property at some point that will, then, connect to the existing pathway aver at Settlement Bridge Subdivision. So, this one is matching up with apreviously -- a previously approved entitlement. Any questions on this one? Zaremba: Madam Mayor? Meridian City Council January 24, 2012 Page 55 of 62 De Weerd: Yes. Zaremba: Nat necessarily an this one, this one makes me think of it, but it's a more general question. In places where we are using ACRD right of way or a sidewalk that's probably in the ACRD right of way and there is a 90 degree turn to an off right of way pathway, do we have signage that says pathway continues this direction or -- how would people know that? Gibbons: There will be -- Madam Mayor, on a signage package for our pathway those type of things, that's what we are pathway system. Councilman Zaremba, we are actually working s and directional signage, destination signage, working on right now in order to put on all our Zaremba: Great. Thank you. De Weerd: Now, are we also working with ACHD -- and since this is future development in terms of trying to delineate what is kind of a pathway, instead of just a sidewalk, so working with the development community to maybe have some kind of an exchange where you have the sidewalk widened on one side of the street and maybe you have no sidewalk requirements on the other side or trying to find same compromise, so it's not necessarily costing them more, but it's an obvious pathway. Gibbons: Exactly. And, Madam Mayor, we -- we do that. I have also -- even yesterday talked to another developer that there is an existing four or five foot sidewalk and they wanted to know if they would be allowed to take that out and put a ten foot sidewalk, because it will attach to another piece of existing ten foot pathway through an earlier phase of their development. Well, yeah. That would be great. De Weerd: Absolutely. Very good. Gibbons: Exhibit 8 pertains to the Downey sub lateral, it's on-street connection and, basically, our plan shows the Downey sub lateral pathway that runs from Lapridge aver near River Valley Elementary. It goes through two subdivisions and the Packard Estates Subdivision. Currently there is one segment through one of the subdivisions that is paved, the other two sections are red gravel or gravel. But what we needed to show -- because we have Kleiner Park coming on board here this year in the not too distant future and we are going to have a stoplight at River Valley, that if we can start getting a pathway connection to connect through an existing pathway that's not improved to our standards yet, but at the end of that it ends -- it doesn't continue all the way to Locust Grave, so we need to show an on-street route at least in the short term until we can identify another pathway -- pathway alignment or an opportunity there. I actually met with Packard Estates last Tuesday night to talk about what they would do far us as far as entertaining improving that --that pathway through their subdivision and they are going to do the leg work and we will step in when it's appropriate. They are going to talk to the two -- two neighboring properties that are county parcels, they are Meridian City Council January 24, 2012 Page 56 of 62 large -- large lots, platted in the county, that currently that's the dead end of the pathway. Those two properties stand between the end of the pathway and River Valley Elementary. So, they are going to do the leg work, make the initial contact, and try to gain same interest from those two property owners and, then, I will be working with them all along, but -- so they have a vested interest in furthering this pathway, so felt it appropriate to amend the plan to indicate the on-street route in the interim. De Weerd: Do any of these qualify for safe route to school funding through ACRD? Gibbons: I -- Madam Mayor, I couldn't tell you at the moment, but that's -- that's a conversation I would have with Caleb and ACRD and see where those go. I don't know what all -- I'm not familiar with what all the requirements are for those, but it's possible. Exhibit 9 is Five Mile Creek pathway segment H, alternative routes. As you're aware -- or maybe you're not aware, we have this project that's been going on -- ongoing far a couple of years on segment H. We just opened bids a couple weeks ago and we will, actually, the week after next, the contract will be before the Commission to get that project going. In the interim we still have a route between Badley and Fairview. So, the point of this amendment is, of course, two fold. The first -- the first issue is to indicate alternative routes connecting Badley, either along the west along the edge of the Five Mile Creek alignment itself, which the rest of the pathway follows, or, alternatively, an alignment that goes to the -- on the east -- near the east property boundary of the vacant parcel that's -- that's there or, conversely, being able to cut east behind in between -- behind Spring Creek Subdivision and through the -- I think -- I believe it's Initial Point. It's something point development business center right on that corner and over to North Lakes Place and to the signalized intersection. One way or another we have got to get people to the signalized intersection no matter which alignment you take and I have a plan far that along Fairview if we take -- if we can get either of those alternatives to the west, that's fine. We will get them across. But similar to the Sawtooth Middle School's Norse Lateral connection, our plan needs to show these three, so that when that vacant property is developed, which could be soon ar not -- it's sat there for quite some time. I have had a conversation with the owner, who is out of state, but that way our plan will reflect that we made the offer last year when I did talk to the owner, I'm interested in an easement. Will you provide me an easement? If you provide me an easement the city will build the pathway across the easement. It won't cost you anything. If you don't want to play ball right now, when you come in far development you're going to build me the pathway anyways and having the three alignment alternatives on there allows us to work with him or the other property owners in the area. One way or another we got to find a route. It's really -- it's really tight and difficult to get across a business development aver to North Lakes Place. It's -- the existing landscape and the -- the vehicular route, the street through it, is -- it's really tight. But we want to show that, too. So, this is what we need to show on our plan and also dawn along Pine on the part that I'm about to build, the current plan shows this crossing of Pine Creek actually up here on the very east end and so it goes through the vacant parcel on the north side of Five Mile Creek and the approved plans are -- actually have the pathway attached to the north side of Pine itself, sa that's the second piece of this -- this amendment to segment H-1. Two birds with one stone. Do you Meridian City Council January 24, 2012 Page 57 of 62 have any questions on this segment? Exhibit 10 is simply housekeeping again. As you remember in May of 2011 we dedicated the Diane and Winston Moore Pathway and this reflects what the alignment of that pathway is, as well as the correct alignment through the Gordon Harris Park. The previously adapted -- or currently adopted pathways master plan has the park pathway all kind of goofed, so we want to reflect what's on the ground and with what was dedicated earlier this year. Exhibit 11 is the Ten Mile drain alignment and this is another one that's strictly housekeeping to reflect what's actually built. In the current plan this red segment on the south side of the Ten Mile drain runs across Kingsbridge and the Koontz Hallow development and the existing plan shows this red very small existing segment on the north side, which would indicate that we could -- we could continue that pathway on the north side of the Ten Mile drain. However, it's actually built on the south side and it butts up to the Koontz --the first lot in the Koontz Hollow and it may or may not ever be able to go that way. But our existing pathway shows the future pathway along the north maintenance road along that that that will take some work with the Boise project to accomplish that, but at least our plan will reflect what's built and what we -- we hope to build in the future. Exhibit 12 is the Tuscany Ten Mile Creek alignment and this all involves this little piece right here. This property -- this vacant property right here along Locust Grove on the east side of Tuscany Lakes is city owned. Public Works has a potential project in the design phase over there and they will build us a piece of pathway same day. But the existing pathway showed it crossing the creek at that point and cutting through an existing property that has a house on it and we just need to update the map to reflect what works for a future project, a city project, as well as a future alignment through a property that somebody else owns that's private at the moment, so it's as simple as this little area right here. Hoaglun: Madam Mayor? Jay, why won't we be following the creek right there? Gibbons: Actually -- Hoaglun: Is that the creek? Oh. Okay. Gibbons: -- this does follow the creek. It's on the north side -- the existing pathway is on the north side of the creek. Hoaglun: Oh. Okay. I thought that dotted line was the creek there and I was going wait a minute. Gibbons: No. These are different -- it's -- they are subdivision lines, plat lines. There is a tot lot in Tuscany right here. Hoaglun: Okay. Gibbons: And the pathway turns and goes back over to the street and we would like to extend it -- Hoaglun: There is a park there. Meridian City Council January 24, 2012 Page 58 of 62 Gibbons: -- to the west. Hoaglun: Okay. All right. Thanks. Gibbons: This one you want to see. This one's easier to explain if you have the as built as well -- well -- or the previously approved. This is in regards to Bear Creek -- the Bear Creek -Overland Road alignment. Currently we have got -- we have Bear Creek, Starter Road, Alaska Way that dead ends into the back end of the future -- or the lot that may be -- call it -- it's approved for a Walmart when the day comes. Lowe's is right aver here. But, anyways, if you will notice on this plan an the -- what's currently adopted, we have two pieces of pathway segment, one that kicks over through the middle of where the store would be, that development, and this one somehow or other ties over and across in front of Lowe's and comes back. I wasn't here when -- when this was originally drawn. There might have been -- before Lowe's was built there might have been -- there must have been a reason it went in that alignment. What I can tell you is that what was -- because entitlements and approvals of the Walmart site plan itself, we have the opportunity we require that a pathway be extended from the end of the pathway -- or the end of Alaska up to the intersection that's -- it's a signalized intersection there at the entrance to Roaring Springs. Also where the existing pathway dead ends at the north end of Bear Creek, instead of cutting across the development, we got to build a wide sidewalk along Stoddard, so we get to a signalized intersection there. So, that -- that cleans up that whole -- Zaremba: Madam Mayor? Many years ago there was a proposal on that piece of property for much smaller buildings and the pathway wound around the buildings and the goal was to get to the signalized intersection, but there were smaller buildings in the way. So that changed. Gibbons: Exhibit 14 -- and we are nearing the end here. Exhibit 14 is the Ten Mile Creek - I-84 pedestrian overpass. This is two fold. In reviewing the text of the pathways master plan to make sure that each of these alignments was appropriately reflected in the text of the plan. I noticed that we didn't have to change the text. The text already supports and says that we need a pedestrian crossing aver I-84 west of the Meridian interchange and Councilmen Rountree suggested we include this in our package and bring an amendment forward. So, basically, this alignment connects to the Ten Mile Creek that's on the north side and west of Meridian Road, it comes over and actually crosses -- granted, this is all -- this is graphic, it shows a crossing, exact location is all dependent on site conditions and development and what we can figure out. But as it's indicated, that aligns with the west property boundary of Wahooz -- that's common to Wahooz and the implement dealer to the west, which is the lot on the back next to the interstate. But that's -- that's the easiest -- it may move west, it could move east, but that remains. We just want to show that this crossing -- it's already in -- in the text of the plan, now we want it on the map to -- to make sure that that's accurate as well. Any questions on that one? I have two more. Meridian City Council January 24, 2012 Page 59 of 62 De Weerd: My only question is how are we forwarding it. Siddoway: Madam Mayor, if I could jump in there. I don't envision that this is something we would bring forward far a budget enhancement. Councilman Rountree suggested that we do it on the plan, so that with future development discussions with ITD regarding Meridian Road interchange rebuild, that it could be an the table as part of that project potentially, but that if it weren't on the plans it couldn't even be discussed. So, that's the main reason it's on the plan. De Weerd: Thank you. Gibbons: The next exhibit -- and the next to the last exhibit is Exhibit 15, which is the pipeline pathway, Ten Mile crossing alignment. If you will notice on what's currently adopted out here -- it's west of Ten Mile, east of Black Cat, south of Franklin, north of the interstate. In this area you have, basically, two waterways and a pathway that runs around to each -- this little blue spot is a school district property. And recently an entitlement for the property, which was named Ten Mile Crossing. I believe it was another development before that, this -- the pipeline easement runs northwest to southeast -- vice-versa, but they indicate a pathway along that alignment and that allows us to provide a connection from the northern waterway across to the pathway that's going east-west and this reflects what was approved. And that will bring our plan in line with what is intended to be built on the ground. Any questions on that? Lastly -- and you're all well aware of this one -- is the railroad trail alternative route. We still envision the railroad trail to be on the railroad right of way. That's -- that's cleanest. However, should that not come to fruition or prove infeasible, we want to be able to show an alternative route that's directly north of the rail right of way on the neighboring -- the neighboring properties to the north on the entire length of that right of way from just west of downtown and just east as well. So, this map is actually broken up into two. You have the west -- the west half of McDermott, city center, and, then, the bottom piece is from city center over the Cloverdale. But it shows that along the tap of the north property line as an alternative route there is still development land, both east and west, that we need a tool in order to work with development if -- if nothing else, it's to reserve the space for a pathway off right of way, if that's what it comes to. Wouldn't want to give that away and lose the whole opportunity if the rail opportunity goes away. So, we come before you to ask for these -- these 15 map amendments and the four text amendments and the one graphic to be changed and with that I will stand for questions. De Weerd: Thank you, Jay. Any questions or comments? Bird: I have none. Siddoway: Madam Mayor? De Weerd: Mr. Siddoway. Meridian City Council January 24, 2012 Page 60 of 62 Siddoway: Just a quick comment. It's been fantastic having Jay on board. Hopefully you can see a lot of the work and thought that Jay has put into this. It's nice having eyes an the master plan and someone that owns and is looking towards its implementation. Jay has got several segments built in the last year while he has been here and that's been also great to have come to fruition. These changes have all been vetted by the Parks and Recreation Commission, bath at the December meeting and their January meeting. They did pass a resolution recommending approval of them to you tonight and there is a resolution for you to approve this as you see fit as well and we will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how we have na further discussion, I move that we pass resolution number 12-834. Zaremba: Second. De Weerd: I have a motion and a second an Item D, to approve the resolution in front of you. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Gibbons: Thank you. De Weerd: Thank you, Jay. Gibbons: It wasn't near as brief as I had anticipated, but that's okay. Item 10: Ordinances A. Ordinance No. 12-501: An Ordinance of the Mayor and City Council for the Re-zone Annexation of a Portion of Section 30, Township 3 North, Range 1 East, Boise, Meridian, City of Meridian, Ada County, Idaho, Known as Cavanaugh Ridge {RZ 08-005} B. Ordinance No. 12-502: An Ordinance of the City of Meridian Adopting Cable One Franchise Agreement Meridian City Council January 24, 2012 Page 61 of 62 De Weerd: It's -- it's always been a hairy plan, I can say that. Okay. Under Item Na. 10, 10-A and 10-B, we have ordinances number 12-501 and 12-502. Madam Clerk, will you, please, read these two ordinances by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 121-501, an ordinance RZ 08-005, Cavanaugh Ridge for the rezone of a portion of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-4, low density residential district, to R-8, medium density residential district, in the Meridian City Cade, providing that copies of this ordinance shall be filed with the Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian ordinance number 12-502, an ordinance of the City of Meridian granting a cable franchise to Cable One, Inc., to provide cable services in the City of Meridian, proposing an agreement establishing the terms and conditions of the franchise grant and providing an effective date. De Weerd: You have heard the title read on these two ordinances. Bird: Madam Mayor? De Weerd: Ralph doesn't want them read in their entirety, so Mr. Bird. Bird: I was hoping he -- we'd throw them at him if he wanted them read. I move we approve ordinance number 12-501 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve this ordinance with suspension of rules. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council January 24, 2012 Page 62 of 62 Hoaglun: I move approval of ordinance 12-502 with suspension of rules. Bird: Second. De Weerd: Have a motion and a second to approve Item 10-B. If there is no discussion, Council --Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoa lun, ea. g Y De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Future Meeting Topics De Weerd:. Anything for consideration under Item 11 for future to ics? p Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we ad'ourn. 1 Bird: Second. De Weerd: All those in favor say aye. Ayes ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:51 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~ ~ ~ ~ / ~i ~ i.~. MAYOR T Y DE WEERD DATE APPROVED RECEIVED Changes to Agenda: None JAN 2 4 2012 CITY OFC~~fIe myw CITY CLERKS OFFICE Item #8A & B: Jayker Common Drive (VAC-11.003 and MFP-11.003) Application(s): - Final Plat Modification and Vacation Existing zoning and location: This site is located on the north of Chinden Boulevard, east of N. Jayker Way and west of N. Spurwing Way and is currently zoned R-8 and R-2. Summary of Request: The applicant is proposing to vacate several easements and a common lot platted with the Jayker Subdivision. The requests include removal of the following: 1) a 20-foot wide emergency vehicle access easement (Lot 1 and 7, Block 11), 2) four (4) common drive easements (Lots 3, 4, 6, 7, 8, and 9 Block 12 and Lots 15,16 and 17, Block 11 and Lots 15,16 and 17, Block 11) and, 3) a common lot (lot 18, block 11) from a plat note No. 16. The concurrent final plat modification application is required to accommodate the removal of the common lot (lot 18, block 11) so it may be incorporated as part of the adjacent buildable lot (Lot 17, Block 11). The applicant has provided conceptual plot plans to depict how the future homes will sit on the platted lots if the common drives and the common lot are vacated. The common lot proposed for vacation is impacted by a 20-foot wide PUE easement and a 12 inch water main is constructed within the lot in favor of United Water. If the plat modification and vacation are approved this easement will become part of a buildable lot by process of a property boundary adjustment. Staff has conditioned the applicant to provide a note on the recorded PBA stating that structures are not allowed to encroach in to the 20-foot wide easement area and coordination is required with United Water. The Jayker Subdivision building restriction form will also be modified noting the easement to ensure the future home does not encroach into the easement. Staff recommends approval of the subject applications. Written Testimony: None Staff Recommendation: Approval Outstanding issues for Council: None Notes: Item #8C: Optometrist Subdivision (PFP-11.003) Application(s): - Preliminary/Final Plat Size of property, existing zoning, and location: This site consists of 1.06 acres of land, is currently zoned C-C, and is located on the northeast corner of N. Meridian Road & E. Carmel Drive. Summary of Request: The proposed plat will subdivide one parcel into two building lots. A 2,700 s.f. optometrist office is currently under construction on the southern portion of the site on Lot 1. The site is the location of a recent Development Agreement Modification that amended site plan and building elevations. Subsequent to that approval the owner decided to plat the property. The owner plans to retain the northern lot (Lot 2) for future development. Access to the site is proposed via Carmel Drive with cross-access required to be granted to the adjoining property to the north as well as internally within the subdivision. Commission Recommendation: Approval Summary of Commission Public Hearing: I. In favor: Joe Pachner, KM Engineering (Applicant's Representative) II. In opposition: None III. Commenting: None IV. Written testimony: None Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: Kelly Kehrer, Applicant's Representative (in agreement w/staff report) Outstanding Issue(s) for City Council: i. None Notes: Item #8D: Meridian Town Center (MDA-11.012) Application(s): - Development Agreement Modification Size of property, existing zoning, and location: This site consists of 90 +/- acres, is currently zoned C-G, and is located on the northeast corner of N. Eagle Rd. & E. Fairview Ave. Summary of Request: The proposed modifications are at the request of ITD and a result of negotiations between the applicant and ITD to include a clarification that land use applications are subject to project specific comments from ITD as well as ACHD; and limitations on Certificates of Occupancy (C of O's) that are tied to phasing of development. No limitations on occupancy will apply to the first phase of developed area up to 680,000 square feet (s.f.). No C of O's for the second phase of development (that exceeds 680,000 s.f. up to 950,000 s.f.) will be issued until Phase 2 highway construction is commenced by providing surety as referenced in the Sales Tax Anticipation Revenue (STAR) Reimbursement Agreement agreed upon by the developer, ACHD and ITD. No C of O's for the third phase of development (that exceeds 950,000 s.f.) would be issued until Phase 3 highway construction is commenced by providing surety as referenced in the STAR agreement. Written Testimony: Deb Nelson, Attorney for the applicant (response in agreement w/the staff report) Notes: Item #8E: Genesis Center (RZ-11.005) Application(s): - Rezone Size of property, existing zoning, and location: This site consists of 1.59 acres, is currently zoned C-N, and is located at 1535 W. Franklin Rd. on the SEC of W. Franklin Rd. & S. Linder Rd. Summary of Request: The applicant requests approval to rezone 1.59 acres of land from the C-N to the C-C zoning district, consistent with the future land use map designation of commercial for this property. There is currently a 9,690 s.f. multi-tenant building on this site that will continue to be used for commercial purposes; no new development is proposed. The applicant requests a rezone to a slightly more intense zoning district in order to expand the uses allowed on the property as well as extend the hours of operation for businesses within the complex. The current C-N zoning district restricts the hours of operation of businesses from 6 am to 10 pm; the proposed C-C zoning district has no restrictions in regard to hours of operation. The differences in uses allowed in the C-N vs. C-C districts are highlighted in Exhibit A.2 of the staff report. Staff has compared the uses allowed in the C-N district to those allowed in the proposed C-C district and generally does not find any of the uses that would be feasible to go into the existing building to be objectionable. Commission Recommendation: Approval at the December 15~^ public hearing Summary of Commission Public Hearing: V. In favor: Sharon Knox (Applicant) VI. In opposition: None VII. Commenting: None VIII. Written testimony: Sharon Knox (response inagreement w/staff report) Key Issue(s) of Discussion by Commission: ii. None Key Commission Change(s) to Staff Recommendation: ii. None Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: i. None Notes: Item # 8F, G, H, I, J & K: Spurwing Challenge (AZ-11.005, RZ-11.006, PP-11.011, CUP-11-009, MDA-11.011 & VAR•11.003) Application(s): - Annexation of 30 acres, Rezone of 51.61 acres; Preliminary Plat consisting of 23 buildable lots and 3 common lots on 61.19 acres, Conditional Use Permit for an outdoor recreation facility (golf course), development Agreement Modification and two Variance requests to deviate from the 750-foot block length requirement and 1 right-in/right-out access to Chinden Boulevard. Size of Property, Existing Zoning and location: This site consists of approximately 70 acres, currently zoned RUT, R-4, C-C and TN-R and is located near the northwest comer of Chinden Boulevard and Linder Road. History: In the 1990's, a portion of the property was platted in the County as part of the Brandt and Spurwing Subdivisions. In 2006, majority of the subject property (51 acres), a.k.a. Knightsky Estates, was granted Annexation and Zoning (AZ-O6-005) approval by City Council with R-4, TN-C, and C-C zoning districts. A Development Agreement (DA) was approved with the annexation (Instrument No. 106122365). A preliminary plat (PP-O6-004) was approved concurrently with annexation of the property for 126 residential lots (24 townhouse lots and 102 detached single- family lots), 7 commercial lots, and 26 commonlother lots on 55.83 acres of land. Private streets (PS-06-004) were also approved in specific locations within the development. These approvals are still valid through December 6, 2012 (TE-10-033). Summary of Request: The applicant is proposing a number of applications: annexation, rezone, conditional use permit and preliminary plat to develop a low density residential subdivision ahd a 9-hole golf course. The annexation of 30 acres to the R-8 zone and rezone of 51.61 acres from the R-4 and TN-C zone to the R-8 are necessary to facilitate the connection of city sewer to the property and develop the golf course. The UDC requires the CUP for an outdoor recreation facility (golf course) in the proposed R-8 zone. The proposed rezone to C-C will clean-up the zoning discrepancy with the 4.64 acre remnant TN-C zoned property left as a result of the proposed rezone to R-8. The proposed zoning districts are appropriate for their respective comp plan land use designations. The plat and master site plan depict how the property will develop with both uses. The commercial por0on of the concept plan has not been reviewed or approved as the applicant is not proposing to develop the proposed and existing commercially zoned property at the corner. This will be addressed with a future development agreement modification. Because this project substantially differs from the Knightsky Estates project, staff is recommending the recorded development agreement be amended to remove the Spunving Challenge property and create a new development agreement for the proposed project. The Council will betaking action on the accompanying development agreement modification. The proposed preliminary plat consists of 23 buildable lots and 3 large common lots on approximately 61 acres. The proposed common lots encompass the planned golf course and required landscape buffers. Planned amenities include the existing club house and swimming pool. The plat complies with the dimensional standards (lot sizes, open space, amenities and subdivision requirements) in accord with the UDC except for the required 750-foot block length. The applicant is seeking Council approval of a variance to deviate from the block length requirement. The applicant is proposing to construct a new public street to align with N. Long Lake Way at the half mile. A public street that parallels the state highway is also planned and will stub to the planned commercial property to the east. The existing entrance to the Spunving Subdivision is planned as a right-in/right-out only intersection predicated on Council approval of the submitted variance and ITD approval. Other than the proposed right-in/right-out, the proposed access at the half mile and internal connectivity is consistent with the UDC requirements for development along state highways. Commission Recommendation: Approval at the December 15~" public hearing Summary of Commission Public Hearing: i. In favor: Cornel Larson, Larson Architects (Applicant's representative) ii. In opposition: None iii. Commenting: Ken Malea and Andrew Lawrence iv. Written testimony: Cornel Larson (response to staff report - in agreement) Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. Added DA provision to address timing for the construction of the driving range. ii. Modified condition 1.2.2 to remove the requirement for the pedestrian easement. iii. Modified condition 1.2.3 added language that documentation be provided from ITD for the construction of the 10-foot multi-use pathway in the public right-of-way. iv. Modified condition 1.3.3 to remove the fencing requirement. v. Modified condition 2.4 to provide a permanent sewer easement rather than a common lot. vi. Struck through conditions 2.17, 4.3, 4.6 and 4.7 vii. Added a new condition of approval that requires CUP modification if netting is proposed along the northern property boundary of the driving range. Written Testimony since Commission Hearing: Cornel Larson, response to the Commission's recommendations as follows: 1) Provide relief from the surety requirements to allow relocation of the driving range. This requirement does not impact the establishment of the driving range as services and will not be extended with the construction of the new driving range. Surety will only be required once the developer seeks City Engineer s signature on the final plat if the required improvements are not completed. Staff finds no modification to the conditions of approval is necessary. 2) City requirement for an access drive/gravel road to maintain the City's sewer line. Vacuum trucks need the ability to access the man holes. Without the required hard surfaces it may prove to be difficult to service the sewer lines are if they are extended through the golf-course. The applicant is currently designing the system and early enough in the planning stages to coordinate a design with Public Works to ensure this issue is adequately addressed prior to sewer construction. Outstanding Issue(s) for City Council: Keeping N. Spurwing Way open as a right-in/right-out access to Chinden Boulevard. The Fire Department has concerns with the separation of the new intersection and the existing intersection. The applicant has not obtained approval from ITD and allowing the existing access to remain in conjunction the new intersection does not meet current District policies. Notes: Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Task Order with Murray Smith & Associates for NW 8th Street Sewer Trunk 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 TASK ORDER NO. 10328 Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (CITY} AND HURRAY, SM1TH AND ASSOCIATES, INC (ENGINEER) This Task Order is made this 24~' day of January, 2012 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",and accepted by M•„ array, Smith and Asspciates, Inc, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Mas#er Agreement Category 2C} between the above mentioned parties dated April 13, 2010. The Project Name for this Task Order 10328 is as follows: NW 8TH STREET SEWER TRUNK MAIN BRaADWAY AVENUE TO CHERRY PHASE 1 BACKGROUND Under a previous scope of work SOW}, ENGINEER performed an alternatives analysis and prey design for new sewer mains} to be located within the W. 7th Street or W. 8th Street right•of-way (ROW} between W. Broadway Avenue and W. Cherry Lane. The purpose of the new sewer line is to replace the existing 18-inch sewer line currently located between the W. 7th Street and W. 8th ~ Street ROWs. The CITY selected the alternative to locate the new sewer line in the 8th Street ROW. Additional sewer lines will also be needed to collect sewer services and convey f low to the new sewer main in 8th Street. The project will be constructed in the following phases in order to meet CITY budget limitations: • Phase 1: W. 8th Street from W. Carlton Avenue to W. Cherry Lane • Phase 2: W. 8th Street and W. 7th Street from W, Broadway Avenue to W. Carlton Avenue • Phase 3: W. lth Street from W. Criterion Street to W. Washington Street SCOPE OF SERVICES Task 1-Data Collection ENGINEER will perform the following tasks as part of a data collection effort, prior to development of design plans and spec~ficat~ons. Task 1.1- K~ck~off Meetfn~ in #his task, ENGINEER will attend akick-off meeting with the CITY to introduce project staff; review communication protocol, SOW, schedule and budget; and make any required data requests. f ~'\ Task order 10328 NW 8~" Street Sewer Trunk Main-6roadway Ave to Cherry Phase 1 Pag$1 of 8 Murray, Smith and Associates, Inc ,,.~ task ~.2 -Survey ENGINEER will perform a topographic survey, as described below. The sunray will be done horizontally on the NAD f 983 translated to the Ada County G.I.S. system} datum and vertical control based on NAVD 1988 datum. Contours will be developed atone-foot intervals. The survey will include: • Data from the survey performed as part of the pre~design SQw • Road centerline and curb elevations at a maximum interval of 50 feet • Underground utilities as marked by Digline or from provided as-built plans • Inverts of all irrigation and storm drain facilities in the project area • Land corners, as needed to show street ROw Task 1.3 - Potho!!ng ENGINEER will perform potholing to confirm existing asphalt, 3/a" rock, pit run depths and confirm location of existing utilities at critical locations in the project area. This task includes the follawin 9 • 23 total pothole loco#ions 9 potholes in intersections requiring traffic control g 14 potholes at locations requiring safety signs ono additional traffic control required) Assumpflans 1. SO1N assumes that an Ada County Highway District ~ACHD~ permit for potholing is ~, required, but the fee will be waived. Aellverables 1. Notes from kick-off meeting Task 2 -Sewer Service Coordination ENGINEER will work with the GlTY to identity the locations of existing sewer services and coordinate new sewer service alignment with property owners. Approximately 81 sewer services will be located as part of this task. There are 54 existing sewer services currently connected to mains located along the back property lines and 27 that connect to mains located in the ROV1r. ENGINEER will perform a data analysis effort that includes the following tasks: 1. Send flyer to property owners notifying them of the project. Flyer will be approved by CITY pnor to delivery to property owners. 2. Make initial contact with property owners (CITY staff may attend}. 3. Visit all properties where sewer services will be affected by the project, determine location of sewer service line and develop preferred sewer service route with property owner and C ITY staff . 4. CCTV and location services will be performed on each building to in order to verify horizontal location and depth of existing services. ~' Task Order 10328 IWV 8~' Street Sewer Trunk Main•8roadway Ave to Cherry Phase 1 Pa e 2 of 8 Murray, Smith and Associates, Inc q r~ ~. Survey horizontal locations and ground elevations of existing side sewers at the exit of existing structures. The ground elevation and data from the sewer service locate will be used to approximate sewer service elevation. 6. Develop schematic drawing of proposed sewer service route and send to property owners and CITY for review and approval. Assump#ions 1. Engineer will provide up to 40 hours for pre-field work, contact of property owners and documentation of the proposed sewer service routes and a surveyed point of service connection. 20 8-hour days of fieldwork for one ENGINEER staff are included in this task. 2. The routes will be field measured and documented with digital photos. This data will be shown on the design drawings. 3. The data collection does not include excavation to verify number and location of side sewer service connections into the main. All work will be based on sewer service locations from the OWNER CCTV tapes amain line}, side sewer location services, observa#lons from site investigations, and a survey point of the sewer service as it exits the building. Deliverables ~. Draft and final version of property owner notification form 2. Documentation of proposed sewer service routes Task 3 -Design ENGINEER will develop 30% and 60°/o designs for all phases of the work described in the background section of this SOW. ENGINEER will then develop a construction packa a for Phase 1 of the im rovemen ~ g p ts. Separate construction packages will be developed far Phases 2 and 3 of work under a separate task order. Fask 3. i - 3~/o Design package (AI! Phases ENGINEER will develop a 30% design package that will include the followin ; g • Plan and Profile Roll • Results of the surrey, po#holing and sewer service coordination tasks • Opinion of probable cost for each phase of work • Reassessment of design schedule • basis of design letter that will be submitted to Idaho Department of Environmental Qualit IDEA for review and a rov I. y ~ } pp a The letter will address the proposed slo es that do not p meet minimum slopes recommended by 1 o State Standards. The 30°/° design plans will be reviewed with the CITY at an "over the shoulder" review meetin . g The SOW 'rncludes 4 hours to meet and review license agreement requirements with the Nam a Meridian Irri ation District NMID . p g t ~~` Task Order 10326 NW 8~' Streel Sewer Trunk Main-Broadway Ave to Cherry Phase 1 Murray, Smith and Associates, Inc Page 3 of 8 ,,~, Task 3.2 -- 60% Des~gr~ package (Al! Phases) ENGINEER will develop a 50°/° design package based on the comments at the 30% review meeting that will include the following DRAFT documents: • Separate packages for the three phases of work • Plan and Profile Sheets • Standard Notes and Details specific to the project. Standard details are not required} • Erosion and Sediment Control {ESC} plan ar Stormwater Pollution Prevention Plan {S~UPPP} as required by Idaho Department of Environmental Quality {IDEA} and ACRD. The plan will be reviewed by the City of Meridian Environmental Division} • Traffic Control Plan • Technical Specifications • Bid Schedule • Qpinion of probable cost for each phase of work • Reassessment of design schedule The G9% design plans and specifications will be submitted to the City for review and comment. ENGINEER may attend a mee#ing with the CITY to review comments from the fig°/° desi n g package, The 60% design plans will also be submitted to ACRD for preliminary review and comment. Task 3.3 - 95 % D~eslgn Package (Phase ~) ~''~``~ ENGINEER will develop a 95% design packs a for Phase 1 based on the comments n h ° g o t e 60 /° plans. The 95% design package will include the following #inal documents: • Plan and Profile Sheets • Erosion and Sediment Control {ESC} plan or Stormwater Pollution Prevention Plan {SvUPPP} as required by IDEA and ACHD, • Traffic Control Dian approved and signed by ACRD. • Notes and Details specific to the project, Standard details are not required. • Technical Specifications • Qpinion of probable cast for Phase 1 of work • Bid Schedule with quantities The 95°/° plans are assumed to be "bid ready" and are only missing minor CITY and ACRD comments and approvals. The 95% design plans and specifications will be submitted to the Cit far review and comment. ENGINE ~ ~ y ER will attend a meeting with the CITY to review comments from the 95% design package if needed. The 95% design plans will also be submitted to ACRD for final review and ap royal si natures. p g Task 3.4 - X00°lo Deslgn Package (Phase !) ENGINEER will finalize the 190% design package for Phase 1 based on the comments an the 95% plans, The 190% design package will include the following FINAL documents with all the approval stamps and signatures; '~` Task Order 10328 iVw 8~' Street Sewer Trunk Main-Broadwa Ave to Che Phas 1 Murray, Smith and Associates, Inc Y ~ e Pale 4 of 8 • Plan Set for Phase ~ of work • Erosion and Sediment Control (ESC) (SwPPP) as required by IDEA and ACRD. • Traffic Control Plan signed by ACRD. • Technical Specification Package • Bid Schedule • Qpinion of probable cost plan or Stormwater Pollution Prevention Plan The final plan will be signed by ACRD. The 100% design plans and specifications will be submitted to the City for inclusion in the bid package. assumpftons 1. Construction of Phase 1 will occur in the Summer of 2012 when Meridian Middle School is out of session. 2. 95% and 100% design and construe#ion of Phases 2 and 3 will be performed in subsequent budget years under a separate task order. 3. Sewer and water service bypass plans will be developed by the cons~uction contractor and are not included in #his SOW. These plans will be based on performance requirements that ENGINEER will develop as part of the Technical Specifications. 4. The design budget assumes that the entire project will be designed with plan and profiles for traditional open trench construction. 5. The Engineer will attend up to one 2•haur meeting with ACHD to review the design packages during the design phase, Q. The CITY will provide a QLPE review of the plans in lieu of submittal to the IDEQ if waiver of the minimum grade can be obtained by emails andlor the Basis of Design letter (referred to in Task 3.1 of the 30% Design Package). 7. ENGINEER will prepare the technical specifications. The Idaho Standards far Public forks Construction (ISPwC) and CITY supplements will be used as the basis of the technical specifications. ISPUVC specifications will be referenced and not reproduced in the specif~cat~on package. Supplemental technical specifications will be developed as required. (Specifications will state specifically what points shall be staked with a reference that the contractor will pay for additional staking or re-staking} 8, The CITY will prepare the "front end" specification section. 9. MSA will prepare and reproduce sixteen (1 fi) sets of the bid packages ~ 0. The CITY will administer the contract. 11. Plans will be full size (22 "x 34"}, 12.Any required permitting fees will be paid by the CITY Deliverables 1. Two (2} hard copies of the 30% design package 2.One (1 ~ electronic copy of the basis of design letter to IDEQ 3. Six (fi} hard copies of the s0% design package ~'~`~ Task Order 10328 NW 8'~ Street Sewer Trunk Main-Broadway Ave to Cherry Phase 1 Page 5 of 8 Murray, Smith and Associates, Inc 4. Six ~fi) hard copies of the 95% design package 5.One ~1 }reproducible copy of the FINAL 100% design package in PDF format on disk 6. Sixteen X16) hard copies of the FINAL 100% design package Task 4 -Services during Construction Phase 1} Th',s Task Order includes ~ 70 hours for services during construction of Phase t . Services durin construction for Phases 2 ~ ~ g & 3 w,ll be lane under separate task order. Services during construction will include the fallowing tasks: • Attend pre-bid meeting • Answer questions during the bid period • Assist the CITY in creating any required addenda during the bid period • Attend the pre-construction meeting • Respond to requests for information ~RFIs) • ENGINEER will review the technical submittals. Up to twenty (20} submittals are included • Perform site visits, attend construction meetings during donstruction and provide final unch list as re uested p q • Construction survey control and staking for new manholes Assumptions 1. Construction of Phase 1 will occur in the summer of 2012. Services during construction for Phases 2 and 3 will be performed in subsequent budget years under a separate task order. 2. The CITY will produce any required addenda during the bid period. 3. The CITY will review bids and determine the apparent low bidder. 4. Pay reques#s will be reviewed by the CITY. 5. The CITY will provide a Project Representative that will be responsible for ins action of the p project. Task 5 -Record Survey Drawings (Phase i) t 8 hours for services after construction completion for the first phase. Services after construction for Phase 2& 3 will be done under separate task order: • Collect any as-built information from the contractor and the City of Meridian inspector. • Perform a survey for rim and invert elevation for manholes constructed in Phase 1. • Prepare and produce complete sets of Record Drawings per the City of Meridian Record Drawing Requirements Assumptions 1. The City will perform a review of the proposed Record Drawings for completeness and accuracy ''~" Task Qrder f 0328 NW ~h Street Sewer Trunk Main-6roadway Ave to Cl~rry Phase 1 Murray, Smfth and Associates, InC Page 6 of 8 ,,..,~ De!lverables 1, Record drawings per the City of Meridian Submittal Requirements, TIME OF COMPLETION A preliminary schedule is attached to this SOw, ENGINEER will make eve effort to com lets the work in a timel ~ p y manner; however, it is agreed that ENGINEER cannot be responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonab! have been foreseen at the time this T k y as Order was executed. COMPENSATIt~N The Not-To-Exceed amount for this Task Order No. 10328 is one hundred ninet two thousand four hundred dollars 192 4 y t$ , 00,00} as summarized in the table below. The hourly rates for services and direct expenses are per the Master A reement and b this reference made a g y part hereof. No compensation will be paid over the Not-to~Exceed amount without prior written approval by the City in the form of a Chan a Order. Tr g avel and meals are excluded from this Task Order unless explicitly lis#ed in the Scope of Services AND Pa ment Schedule. y Table 1 Total Project Costs Subconsultant Pees Task Num bar Labor- Hours Surveying Sew r a Potholing Service Total Cast CCTVllacate Task 1-Data Collection 35 $17,800 $6,200 - $27,800 Task 2 -Sewer Service 216 $5,400 - $i 2,000 $39 900 ' Coordination Task 3 -Design 864 - - - $99100 Task 4 -Services Durin Construction 166 $1,000 - - $22,100 Task 5 -Record Survey and 18 $1,000 - - $3 500 ' Drawn s Project Total 1,299 $25,000 $6,200 $12,000 $192 40Q ~` Task order 10328 Nw 8~' street Sewer Trunk Main-Broadway Ave to the Phase 1 Murray, Smith and Associates, Inc m Page 7 of 8 CITY QF MERIDIAN 5~ JR~~~I~A~y~~i~' I ~ ~~ EY. :i4:M:4.1'.Y~ WYYYY+ TAMMY de ` RD, AitAYQR Attest: BY: HURRAY, • ~' S OCIATES • ~ ... C I RS~N, P.E. PRINCIPAL ENGYNEER MEaA~~~ s ted: . -- ~- ..~. .I ~~~~~:G4MIliYYYYYi4M~ :~::v:+:4kmvF tt~Y.•:4i.Fi:JF.•i'f.UkH:~WiW>AW.+B.i~i:ORRm.RRRIiYYYYvwww.- ~,q, :~. ~ d~~l:C~LMAN, CITY CLERK Ci~~ II~~AN~ Dated. ~w ~~ ~ ~r~- • ~ ~~~~~ Depar e t Appr a EY: ..r~ ~. WARRE'~1 STEWART, PE ENGINEERING MANAGER Dated: ~ ~.. n~~ ti~ ~ t~~ Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: 5B PROJECT NUMBER: MDA 08-003 ITEM TITLE: Cavanaugh Ridge Development Agreement for Approval: MDA 08-003 Cavanaugh Ridge by DBSI Located at 4275 S. Locust Grove Road; Request for a Modification of a Development Agreement to Include Updated Project Information and to Re-zone Annexation of a Portion of Section 30, Township 3 North, Range 1 East, Boise, Meridian, City of Meridian, Ada County, Idaho MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 12 BOISE IDAHO 01/25/12 01:62 PM DEPUTY Lisa Balt RECORDED-AEOUEST OF III IIIIII 112007170 Meridian Ciry FIRST AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. South Cavanaugh, LLC, Owner/Developer THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated this Z ~ day of vL , 2012, ("AMENDMENT"), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and SOUTH CAVANAUGH, LLC ("OWNER/DEVELOPER")whose address is 12426 W. Explorer Drive, Boise, Idaho 83713. RECITALS A. CITY and OWNER/DEVELOPER'S predecessor-in-interest entered into that certain DEVELOPMENT AGREEMENT dated June 19, 2006 and recorded on July 6, 2006 as Instrument # 106108230 on real property more particulazly described in Exhibit A (attached hereto). OWNER/DEVELOPER is now requesting certain changes to the Agreement and, following public hearing, which was duly noticed, City agreed to amend the Agreement as set forth in this Amendment. B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement by amending Section 3 "DEFINTCIONS" by modifying sub-section 3.1 and 3.2 regarding "Owner/Developer" and "Property". C. CITY and OWNER/DEVELOPER desire to attach a revised legal description, referred to as Exhibit A, a revised Preliminary Plat referred to as Exhibit B, and a revised Landscape Plan referred to as Exhibit C. D. CITY and OWNER/DEVELOPER also desire to amend the Development Agreement by amending Section 6 "Conditions Governing Development of Subject Property" regarding sections 6.1.6, 6.1.8 and adding 6.1.11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-003 CAVANAUGH RIDGE) PAGE 1 OF 4 Section 3 -DEFINITIONS: 3.1 "OWNER/DEVELOPER": means and refers to South Cavanaugh, LLC, whose address is 12426 W. Explorer Drive, Boise, Idaho 83713, the party who owns said property and shall include any subsequent owners of the property. 3.2 "PROPERTY":means and refers to that certain parcel of property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned as R-8 (Medium Density Residential District) attached hereto. Section 6-CONDITIONS GOVERNING DEVELOPMENTOFSUBJECTPROPERTY: 6.1.6 That any new structure(s) shall be generally compatible in appearance and build with the submitted pictures/elevations, unless modified by the City's Design Manual. 6.1.8 That, except for emergency access as required by the Fire Department, access to the subdivision via Rumple Lane is prohibited until such time as Rumple Lane/Harris Street develops as a public street and is extended to this site. A gate with a knox box entry system (that doesn't prohibit emergency access) is required to be installed at the end of Reflection Ridge Drive where it connects to the public street along the west boundary and shall remain in place until such ~ - time as Rumple Lane/Harris Street is improved as a public street. 6.1.11 Once the public street along the west propertyboundary has been constructed and access is provided to the property to the south (parcel #S1130315225), the existing 40-foot wide access easement shall be vacated. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Amendment, and the Ordinances of the City of Meridian as herein provided. 3. This Amendment shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Amendment shall be binding on the Owner/ Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this amendment if City, in its sole and reasonable discretion, had determined that Owner/Deve]oper has fully performed its obligations under this amendment. 4. If any provision of this Amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Amendment and the invalidity thereof shall not affect any of the other provisions contained herein. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (MDA OS-003 CAVANAUGH RIDGE) PAGE 2 OF 4 5. This Amendment sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions orunder-standing, either oral or written, express or implied, between Owner/Developer and City, other than as aze stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Amendment shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Amendment shall be effective as of the date herein above written. 7. Except as amended by the Amendment, all terms of the Agreement shall remain in full force and effect. ACKNOWLEDGMENTS IN WTfNESS WHEREOF, the parties have herein executed this Amendment and made it effective as hereinabove provided. ,~ OWNER/DEVELOPER: South Cavanaugh, LLC Attest: City Clerk T~C'iJSTFE of Tf~,7J 2E. G./lpUtDATiNC- T2(/ST SoCEMENjBE~ CITY OF MERIDIAN By: Mayor SFAI. de Weerd FQtST AMENDMENT TO DEVELOPMENT AGREEMENT (~-003 CAVANAUGH RIDGE) PAGE 3 OF 4 STATE OF IDAHO ) ss. County of Ada ) On this _ ~ day of ~'V 012, be ore me, the undersigned, a Notary Public in and for said State, personally appeazed ~ ,known or identified to me to be the l"tE E o F dIBSL F2EL~TrLLCf,,$~(QSobuth Cav laugh, LLC, the Idaho limited liability company that executed the within and foregomg tnstrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DARLA THACKREY NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) County of Ada ss ~~90,.~. ~ ~,1.~ Notary Public for Idaho ~- Residing at: My commission expires: S o)O On this ZY day of ~,t~U0./l/, 2012, before me, a Notary Public, personally appeared Tammy de Weerd and Jagcree L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fast above written. ••••JO •' 1GP----~!~•. ~•~1ARp ~S ,~ •, lG ~O' PIJ81',-QP• ;~A 7'E OF :' •....... tcesimng at: MCY ~ Commission expires: PIRST AMENDMENT TO DEVELAPMENT AGREEMENT (MDA 08-003 CAVANAUGH RIDGE) PAGE 4 OF 4 Exhibit/' -Rezone Legal Description Rc Exhibit Map 1515 S, Shoshone 9traet \ tialse Idaho .1 83706.1, 208.342.7987 1208.342.7437 FAX CAVANAUGH RIDGE REZONE pESCRIPTIQN A PdRT10N OF SECTION 30, TOWNSHIP 3 NORTH, RANrE 1 EAST, 6019E MERIDIAN, CITY OF MERIDIAN, AAA COUNTY, IDAHO A portion of Sectton.3b Township 3 North Rangge 1 East Bofse Meridian City bf Merldlan Ada County Idaho more partlculally described'as follows; Commencing at the Center '/, Corner of said Section 30 the TRUE POINT pF BEGINNING; thence along the North-South Center of Section Line North 00`08'02" West a distance of 1113 93 feat to the beginning of a non•tangenl durve to the right on the centerline of tho Rldonbaugh Canal; thence along said centerline the lotlowing courses and distances: along said non-tangent curve to'the right having a length of 152 90 feel a radiu8 of 251 78 feet a central angle of 34°47'46 ,tangents of 78 89 feet and a long chord which bears South 42"21'06" East a distance of 150 56 feel SDUth 24' 57'13' East. a disfanre of 378 72 feet to the beginning of a curve to the le(k along said curve to the left having o length of 115 22 feel a radius of 3'15.00 feet, a central angle of 20'57 29". tangents of 58 26Teet and a long chord which bears South 35"25.58' fast a distance of 11A 58 feat: South 45'54 42' East a distance of 808 09 feel to a point on the East-West Center of Section line of Section 30; thence along said East-West Center of Section Line. South 89 43 54 West. a distance of 71 43 feet mare or less to the South side. of the Rldenbaugh Canal as call~d'for in Quit Claim peed Instrument Number 102158440 thence along said South side the following courses and dlstances~ South 45' S0 45 East a distance of 1032 09 feet morn or less to the beginning of R curve to the left: along said curve to the left having a length of 279,14 feel more or less a radius of 800 00 feat a central angle of 19` 59 31" tangents of 141 00 feet more or less and a long chord which bears South 55'50 31' Easl a distance of 277 72 feet more dl less: South 65 ,50 16 East a distance of 417 14 feet more or less to beginning of a curve to the left: along said curve to the left hawng a length of 282 05 feet more or less a raduls of 300 00 feel a central angle of 53' S2 04" tangents of 152 42 feet more or less and a long chord which hears North 87` 13'42" East a dislanre of 271 78 feel more or less North 80°17'4D' East a distance of 201 3 t feet more or tess to the Easterly boundary of Section 30; thence along said easterl~r boundary, South 00°30 W'' East a dislarlce of 385 00 feet more or less to the Soutfr 1/16 Corner cornmon to Sections 30 and 29: thence along. the South 1118'" line of Section 30 South 89°4651 West a distance of 2639 26 Feet to the Center-SouU7 1118°i Corner of Section 30: thence along the North-South Center line of Section 30 South 00'08'02" East. a distance of 187 53 feet to the most Southerly Corner or property described in Personal Raprosentatives peed Instrument Number 99008747; thence along the Southerly boundary of said Personal Representatives teed the following courses and distances. Nonh 38'33 24 West a distance of 126 24 Poet North 52`28'30 West a distance of 595 70 feet: North 60'34'04 West a distance of 24a 40 feet: North 64°04'5$ West a distance of 164 59 feet; North 85'5d 09' West a distance of a53 96 feet to a point on the Wesl 1116" line of Section 30: Ihencg along sail west 1118'" lino Nor lh 00` 00 23 Wtrsl a dislanCe of ®a0 52 feel to the Center-West 1/16"' Corner of Section 30' tllenco along the Easl•Wesi Center Secllon line of Section 30 North 89' 44 38 Easl a distance of 7323 01 feet to the TRUE POINT OF BEr31NNIN~. Containing 91 085 acres more or less Subject to exlsting easements and rights-of-way as any may exist of record or not of record It is the intention of this description to include all of the property described in Quit Claim Deed Instnrment number 70215844p Personal Representatives Deed Instrument Number 99008747. Quit Claire Deed Instrument number 96003405 and Qult Glaim Deed Instrument number 99112159 including sny portions of these properties not described in this document n t .'~naoya~ Refer to the attached sketch Dv "--"" ~/0 ,,.t:ANOS~ Fox land Surveys Inc >aUG 17 2009 Timothy J Fox president PLS 7872 ,Fr~puauc ;DEPT END OF DESCRIPTION ;l I-~ 1 PI'ud~:~?~~-~'~1 ril IIU~~ Ilq.:P'I r\ vat ~..~nl ~• ~ Fretl~nary Flnt 16 Cavanaugh Ridge Subdivision •- r~"i' s.maw.tt.nasaxonnaiy~ ~ e.u uwa~ ~w u Td y xsc: 4Ax+a"' `i .. . va. m N~.uuon wa ~ . 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J ~~ ! ~ . , 4 b ~~~ ~} y.. ~:%~I~~)~[ Q Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approval of Sole Source Purchase for a Huber Technology ROTOMAT WAP Washer Compactor for the Not-To-Exceed Amount of $55,000.00 and Authorize the Purchasing Manager to Advertise the Purchase per Statute and Issue and Sign a Purchase Order for Same MEETING NOTES ~;'o~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~-- '~~~ ~~ Public ~ D A H O `v\ Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tracy Crane, Wastewater Division Superintendent DATE: December 14, 2011 Mayor Tammy de Weerd Ciky Caundl Mem6erir Kelth Blyd Brad Hoaglun Charles Rountree David Zaremba SUBJECT: SOLE SOURCE FORM WITH HIIBER TECHNOLOGY FOR THE PURCHASE OF WASHER COMPACTOR FOR ANOT-TO-EXCEED AMOUNT OF $55,000. I. RECOMMENDED ACTION A. Move to: 1. Approve the Sole Source Form for the purchase of a Huber Technology Washer Compactor in an amount not to exceed $55,000. II. DEPARTMENT CONTACT PERSONS Tracy Crane, Wastewater Superintendent 409-989I Gail Hammond, Assistant Superintendent 888-2191 Tiffany Floyd, UCility Operations Manager 888-2191 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Wastewater bivision has two influent screens located at the beginning of the treatment process that deposit screened material into adjacent washer compactors that are designed to wash and compact the screening materials prior to disposal in the landfill. The washer compactor also squeezes unwanted liquids from the material in order to meet a landfill requirement barring the disposal of flee liquids (paint filter test). Page 1 of 4 During routine scheduled maintenance on one of the two existing washer compactors, it was discovered that the press mechanism was damaged; most likely due to a foreign object being caught in the compaction mechanism. It was subsequently determined to be beyond repair by the manufacturer. B. Prouosed Proiect The proposed project will provide the replacement of a damaged washer compactor that is essential to the operation of our influent screening process. SPF W ater Engineering was selected to prepare a technical memorandum to provide information related to the replacement of the damaged washer compactor. The technical memorandum compared various washer compactor equipment alternatives including matching the existing equipment and evaluating equipment sized for higher capture (future) screens. The comparison included both economic and non-economic advantages in adequate detail to select the preferred alternative. The evaluation determined that direct replacement of the damaged equipment was the preferred course of action due to the expense, associated modifications to existing equipment, and lack of tremendous benefits to install more efficient equipment. The Haber Technology ROTOMAT WAP is a direct replacement of the existing equipment. The existing contro] panel and influent screen configuration do not require any modifications; as such this is also the lowest cost option. The washer compactor is specialized solids separation equipment and is available only through the manufacturer. The washer- compactor works in conjunction with our existing Huber Technology influent screens. Compatibility of equipment components, accessories, and replacement parts are essential. N. IMPACT A. Strategic Im acct: This purchase supports the Public Works mission and vision to anticipate, plan and provide exemplary public services and facilities that support the needs of our growing community in an efficient, customer focused and financially responsible manner. The replacement of the washer compactor provides equipment for the removal of screened materials and liquids to meet landfill disposal requirements. B. ServicelDeliverv Impact: The existing washer compactor has been temporarily welded together and failure is likely in the near future. If this request is not funded one of our rwo influent screens will be inoperable iflwhen the washer compactor fails. Although a manual bar screen exists as a back-up, the manual screen is constructed with larger openings and will allow up to 400% more material to enter the liquid Page 2 of 4 stream treatment process. The added material will adversely impact operational costs of treatment due to increased solids loading. The manual screen must also be fiequently raked by operations personnel thus placing a significant laboz burden on Wastewater Division staff. C. FiscalImpact: The proposed budget amendment would be fended by reallocation of previously approved capital funds for the grit classifier replacement and the Lakeview Golf Coarse irrigation projects and represents no net increase to the FX2012 budget. This request provides funding for the sole source replacement of the damaged washer compactor. Project Costs ROTOMAT WAP Screening Washer compactor $ 53,040. Project Fundin¢ W WTP Building Improvements (3590-92100) $43,040 Reclaimed Wastewater Svc Lines (3590-96173) . 10 000 Total Funding $53,040 V. ALTERNATIVES A. The City could choose not to approve the sole source agreement. Without this agreement, direct replacement of the existing equipment may not be possible, which is lowest cost alternative. Although there is equipment that is more efficient, the existing washer compactor does produce relatively odor free material suitable for landfill disposal. Installing a more efficient washer compactor at this time would require modifying the existing screen arrangement, replacement of the washer compactor control panels, and possibly require utility water upgrades for wash water supply. A construction project by a hired contractor would be necessary for these improvements. Replacement of the equipment could be performed by plant staff, offering significant savings by not having to hire a contractor. The existing equipment is likely to fail in the near future. Upon failure, 50% of our screening capacity will be rendered inoperable. B. The City could choose to delay this project. If the existing equipment fails in the interim, one of our two influent screens will be inoperable. Although a manual bar screen exists as a back-up, it is constructed with larger openings and will allow up to 400% more material to enter the liquid stream treatment process. The added material will adversely impact operational costs of treatment due to increased solids loading. The manual screen must also be frequently raked by operations personnel thus placing a significant labor burden on Wastewater Division staff. Page 3 of 4 VI. TIME CONSTRAINTS Council's apprroval will allow the Wastewater Division to move forward with the replacement of the washer compactor. This specialized equipment has an extraordinarily long procurement time, with equipment delivery 22-24 weeks after approved submittals or notice ko proceed. Considering the condition of the existing washer compactor, the urgency of this project is increased considerably. VII. LIST OF ATTACHNTENTS A. Sole Source Form for the purchase of a Huber Washer Compactor Approved for Council Agenda: Dace Page 4 of 4 ~yyjn; ~../Vl EY1G~1Gt11 -' ~`': innHn ~~~ o. _ r• I7 <.,,~n M fiu: cue V Wi~~ 190] r ~~ G~ ` ~V CITY OF MERIDIAN SOLE SOURCE FORM PURCHASING AGENT 33 East Idaho Avenue Meridian, ID 83642 Phone:208-888-4433 Fax: 2Q6-887-4818 Requisition Number: /~ Date: December 28. 2011 Item or Service: Huber Technology ROTOMAT WAP Washer Compactor x Sole Source: Item is available from only one vendor. Item is one-of-a kind item and is not sold through distribuiors. Manufacturer is a sole distributor. ^ Sole Brand: Various vendors can supply the specified model & brand, and Competitive bids will be solicited for the brand requested. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) During routine scheduled maintenance on one of the two existing washer compactors, it was discovered that the press mechanism was damaged; most likely due to a foreign object being caught in the compaction mechanism. It was subsequently determined to be beyond repair by the manufacturer. A technlcal evaluation conducted by &PF Water Engineering determined direct replacement is the least cost alternative due to expense of modifications for installation of other types of equipment. The Nuber Technology ROTOMAT WAP is a direct replacement of the existing equipment, The existing control panel and influent screen configuration do not require any modifications; as such this is also the lowest cost option. The washer campaotor is specialized solids separation equipment and is available only through the manufacturer, The washer compactor works in coniunctlon with our existing Huber Technology Influent screens. Compatibility of equipment components, accessories, and replacement parts are essential. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technlcal Information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to [he validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and Is accurate. 1~ v _ NAME Department Manager Council ` r~A~ C ~~ `- ,21 I - \~ Approval: V cat 'l Purchasing Approval: Pur si g Age SOLE SOURCE/BRAND EXAMPLES. SOLE SOURCE: Product or service is available from only one supplier. Item is not sold through a distributor, sold only through the manufacturer. SOLE BRAND: Item is available through several distributors. a) Where the compatibility of equipment, components, accessories, computer software, replacement parts or service is fhe paramount consideration. b) Where the item is needed for trial use or testing. c} Purchase of mass produced movie or video films or written publications distributed or sold primarily by the publisher. d) Purchase of properiy for which it is determined there is no functional equivalent. THE FOLLOWING ARE NOT REASONS FOR SOLE SOURCE/BRAND a) Personal preference for a product or vendor. b) Cost, past performance, local presence, delivery etc. These are award criteria to be used in a competitive bid process. c) Specifications that exceed requested performance. Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Resolution No. ~~' a 3~ A Resolution Adopting the City of Meridian Records Retention Schedule; and Providing an Effective Date MEETING NOTES ~?~~` Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. ~ a " ~3 a BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE CITY OF MERIDIAN RECORDS RETENTION SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a record retention schedule establishes minimum retention periods for the various types of city records; WHERAS, Idaho Code 50-907 requires the City Council to adopt by resolution a record retention schedule, listing the various types of city records with the applicable retention periods; WHEREAS, adoption of a record retention schedule assists in efficient and effective records management by identifying records that have exceeded their minimum retention that may be destroyed following approval by the City Attorney and, as required for semipermanent records, approval by the Idaho State Historical Society and upon resolution of the City Council in accordance with the provisions of Idaho Code 50-907; and, WHEREAS, a record retention schedule also enhances protection of historic records by identifying records of enduring value as permanent records that are retained by the city in perpetuity or transferred to the Idaho State Historical Society's Permanent Records Repository for permanent retention upon resolution of the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian hereby adopts the record retention schedule attached hereto as Exhibit A. Section 2. That the City Clerk is hereby authorized to implement the Record Retention Schedule adopted by this Resolution. 2012. 2012. Section 3. That this Resolution shall be in full force and effect on February 1, 2012. ADOPTED by the City Council of the City of Meridian, Idaho this Z~ day of January, APPROVED by the Mayor of the City of Meridian, Idaho, this? d y of January, APPROVED: ATTEST: r, /I~, /J ~ O~P~F80 A UCG~ ,1d-1}-.-~ o - 3 CiC~~~i2.L~(.rX// GO~ ,, ~r~J ~ ~.~./ City of Tammy eerd, Mayor ~E IDIA o olman, City Clerk ~~f ST A i y Jd.~ w 9Tbe °d rd r T9F d6~,f CITY OF MERIDIAN RECORDS RETENTION SCHEDD PAGE 1 OF ; EXHIBIT A RECORDS RETENTION SCHEDULE CITY OP MERIDIAN RECORDS RETENTION SCHEDULE PAGE 2 OF ; DIANA 'QA~ RECORDS RETENTION SCHEDULE CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 3 OF ; INTRODUCTION In basic terms, the definition of a public record, as established by Idaho law, is any recorded information that relates to the business of city government. Public records can be on any medium -paper documents, books, maps, pictures, audio/visual recordings, microfilm or microfiche, as well as digital or electronic documents, including computer files and email. Idaho Code section 50-907(5) requires every city in Idaho to adopt a records retention schedule, listing the types of city records retained by the City and the retention period for each type of record. Each record is designed as a permanent, semipermanent, temporary, or transitory record. Permanent records may not be destroyed, but must be retained by the City in perpetuity, or transferred to the Idaho State Historical Society's Permanent Records Repository for permanent retention upon resolution of the City Council. Semipermanent and temporary records are to be retained for the period specified in the retention schedule, after which period destruction of those records may be approved by resolution of the City Council according to the procedures established in Idaho Code section 50-907. THE CITY CLERK'S ROLE Idaho Code section 50-908 outlines the role and responsibilities of the city clerk as municipal records manager. That law directs the City Clerk to: ensure the orderly and efficient management, retention, and destruction of City records in compliance with state and federal laws and city ordinances, resolutions and policies; identify and care for historical records; and coordinate the transfer of permanent records to the Idaho state historical society's permanent records repository. All City employees and elected officials have responsibilities with regard to City records. Idaho Code 50-908 establishes those responsibilities. Employees and officials must: protect the records in their custody; cooperate with the City Clerk to efficiently manage records and preserve records of enduring value; and pass on to their successors records necessary for the continuing conduct of city business. All city records are property of the city, and no city official, elected, appointed or staff, may assert any personal or property right to such records, even where he or she may have developed or compiled them. The unauthorized destruction or removal of city records is prohibited by law. FINAL DISPOSITION OF RECORDS As set forth above, permanent records are never destroyed -they are retained in perpetuity by the city or transferred to the state archives. Nonpermanent records maybe destroyed, but only in accordance with the process established by Idaho Code. The process for destruction of nonpermanent records typically begins once the records have reached their minimum retention period, but there are some important exceptions, where circumstances dictate that records must be kept longer: ^ Records related to pending criminal or civil cases; CTTY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 4 OF ; ^ Records that are the subject of a pending public records request; ^ Records needed for any pending audit or investigation; and • Records that may have considerable historical value. The first step in the record destruction process is that the City Clerk obtains approval for the destruction of the records from the city attorney. When the city attorney has reviewed and approved the list of records slated for destruction. The next step is a resolution of the City Council approving the destruction of the records, which the City Clerk sends to the Idaho State Historical Society at least thirty days prior to destruction. When all of these steps are complete, the City Clerk may destroy the designated records. CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 5 OP ; BUILDING/DEVELOPMENT SERVICES DIVISION January 2012 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Building plans and Drawn and written Approved for Construction Permanent In specifications for plans and specifications for commercial and 50-907(1)(c) perpetuity commercial and government buildings. (building plans government and specs for buildings commercial projects and government buildings) Building project Files related to commercial and governmental Semipermanent 10 years files buildings and projects; may include: permit 50-907(2)(c) application, Certificate of Occupancy signature (Building card, Temporary Certificate of Occupancy, applications for Certificate of Occupancy, Certificate of Values, commercial Building, Mechanical, Plumbing, and/or projects and Electrical Permit requests for permit and/or government permit, Ada County Highway District Impact buildings) Fee certificate, inspectors' reports to Building Official, mechanical compliance certificate, transmittals, irrigation performance. specs, fee invoice, photos, correspondence, plan review report, and structural calculations. Fire inspection files File of documents created or used by the fire Semipermanent 10 years inspector regarding commercial or governmental 50-907(2)(g) projects; may include: fire correction notice, (other); alarm system record of completion, review International comments and conditions, fire sprinler plan Fire Code review comments and conditions, system section 104.6 specificafion sheet, hazardous materials inventory statement, range hood systems report, industrial fire suppression system report, generator set commissioning sheet, contractors material test certificate, alarm plans, sprinkler plans, fire permit applications, fire review and inspection fee calculation form, memos, corres ondence, and transmittals. Land development File of documents created or used in the land Semipermanent 100 years subdivision project development phase of a residential or SO-907(2)(g) files commercial subdivision project; may include: (other) Approved for Construction drawings, record drawings, approval letters, invoices, application review comments, easements, soil report, ins ection reports, and/or en ineer certifications CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 6 OF 70 pertaining to development applications (e.g., preliminary plat, final plat, rezone, conditional use permit, annexation, right-of-way vacation, variance, property boundar adjustment). Land development File of documents created or used in'.the land Semipermanent 100 years commercial project development phase of a commercial project; SO-907(2)0 files may include: Approved for Construction (other) drawings, record drawings, approval letters, invoices, application review comments; easements, soil report, inspection reports, and/or engineer certifications pertaining to development applications (e.g., preliminary plat, final plat, rezone, conditional use permit, annexation, right-of--way vacation, variance, ro erty boundary adjustment . Land development Revised set of drawing submitted by contractor Semipermanent 100 years record drawings upon completion of land development phase of a 50-907(2)0 commercial, governmental, or residential project (other) or components thereof; Approved for Construction plans during construction process, as well as dimensions and location of all elements of work as built. Permits and Building, Mechanical, Plumbing, and/or Semipermanent 5 years inspection records Electrical permits and inspection records. 50-907(2) (y~ (other) Receipts Receipts for fees collected by Transitory Current Building/Development Services; monthly Fiscal Year recei t re ort; duplicate tape/re orts CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 7 OF 70 CLERK'S OFFICE August 2007 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity & Room Records documenting scheduling and Transitory 1 year Scheduling & reservations related to public participation in Reservation and use of various city activities, events, classes Records and meeting rooms. Includes schedules, logs, lists, requests, etc. Activity Reports, Daily, weekly, monthly, or annual reports Semipermanent 5 years General documenting the activities of city employees. 50-907(2)(e) Useful for compiling annual reports, planning (department and budgeting, monitoring work progress, etc. reports) Usually tracks type of activity, employees and/or volunteers involved, time spent on activity, work completed, and related information in narrative or statistical form. Appointment Files These files document appointments to fill Permanent In vacancies in the offices of mayor and perpetuity councilmember, and also appointments to city boards, commissions and committees. Docurnents may include: letters of recommendation, letters of appointment, resumes, and related corres ondence. Calendars, Records including calendars, appointment Transitory 1 year Appointment Books books, schedules, logs, diaries, and other records & Scheduling documenting meetings, appointments, and other Records activities of city officials. Capital Asset Records documenting purchase, maintenance, Semipermanent 5 years after Records depreciation and disposition of capital assets, disposal or such as buildings, real estate, infrastructure, replacement vehicles, equipment, and other assets with a of asset useful life generally more than five years. Capital Asset Inventories of capital assets, such as buildings, Transitory Until inventory real estate, infrastructure, vehicles, equipment, superseded and other assets with a useful life generally more than five years Citizen Awards Lists of awards presented to honor citizens for Permanent In civic contributions. Records may include award perpetuity nominations, certificates, ceremony records, photographs, lists of recipients, etc. Some records may have historic value. City Boards, Bylaws, meeting minutes and agendas of city Permanent In Commissions & boards, commissions and committees. SO-907(1)(a) perpetuity Committees City Council Records documenting meetings of the city Permanent In Meetin A enda, council and motions, resolutions, ordinances and 50-907(1)(a) er etuity CITY OP MERIDIAN RGCORDS RETENTION SCHEDULE PAGE 8 OP 70 Minutes & other actions taken at council meetings. Recordin s Conferences, Records documenting attendance and Semipermanent 5 years Seminars & presentations by city employees at conventions, Workshops conferences, seminars, workshops, and similar events, including staff reports, instructional materials, related correspondence, etc. Contracts & Agreements with vendors and other parties for Semipermanent 5 yeaxs Agreements the acquisition, lease, lease-purchase or sale of 50-907(2)(b) equipment, supplies, services or property. Correspondence, Correspondence regarding day-to-day office and Transitory Until Transitory housekeeping correspondence and does not administrati contain unique information about city functions ve need or programs. ends Correspondence, Correspondence created or received in the Semipermanent 5 years Administrative course of administering city policies/programs, but these records do not provide insight into significant policy/program discussions or decisions. Correspondence, Correspondence documenting the formulation, Permanent In Policy/Program adoption, and implementation of significant perpetuity policy/program decisions. Deeds & Real Records relating to ownership of real property, Permanent In Property Records including deeds, title opinions, abstracts and 50-907(1)(e) perpetuity certificates of title, title insurance, documentation concerning alteration or transfer of title, and records relating to acquisition and disposal of real property such as offer letters, options, agreements of short duration, staff reports, appraisal and inspection reports, letters of transmittal, and related records. Disaster Records documenting planning for, impact of, Permanent In Preparedness & and actions taken by the city in response to perpetuity Response Records disasters, emergencies, and civil disorder, including: earthquakes, wildfires, severe storms, floods, drought, ufility failures, hazardous materials incidents, riots, etc. Records may include: plans and studies, logs, diaries, damage assessment reports, response reports, situation and resource status reports, resource ordering and tracking records, financial documentation, messages, photogra hs, etc. Easement Records Records relating to acquisition of city-owned Permanent In easements and rights-of--way for public works or perpetuity other local government purposes, including deeds, correspondence and legal documentation. Franchise Records Records relating to franchises for electricity and Semipermanent 5 years after natural gas distribution, cable television and expiration garbage collection, including: contracts, of CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 9 OF 70 franchise fee information, election information, agreement audits and other verification of revenue from franchisee, published franchise ordinance, and other records. Historical Records Historical information about the city. Ivtay Permanent In include maps, newspaper clippings,, scrapbooks, perpetuity photographs, compiled histories of the city, information on historic homes and propei?ties, special events & celebrations, eta Key & Keycard Document the issuance of keys/keycards to city Transitory Until Records staff for entrance to city buildings. superseded Legislative Issues Bulletins, publications, bills, and other Transitory Until information about state/federal legislation administrate affecting the city. ve need ends News Releases Prepared statements, announcements, and news Permanent In conference transcripts issued to the news media perpetuity by the city. Notary Bond Bond posted by notaries conditioned on the Semipermanent 5 years after Records faithful performance of their duties. Note- expiration other notary records, including application, appointment, journal and other records are the ro erty of the notary. Oaths of Office Signed oaths of elected officials swearing to Permanent In uphold the federal and state constitutions and perpetuity laws of the city. Ordinances & Proposed ordinances and resolutions that are Transitory Until Resolutions, considered by city council but not adopted. administrate proposed or draft ve need ends Ordinances & Ordinances and resolutions passed by the city Permanent In Resolutions, council. 50-907(1)(b) perpetuity ado ted Permits & Licenses Records relating to city permits and licenses. Semipermanent 5 years 50-907(2)(d) Postage Records Document transactions with the U.S. Postal Temporary 3 years Service and private carriers, including: postage meter records, receipts for registered and certified mail, insured mail, special delivery receipt and forms, loss reports, etc. Proclamations Ceremonial or celebratory statements issued by Permanent In the mayor e etuity Professional Records documenting city-paid individual Semipermanent 5 years Membership memberships and activities in professional Records organizations (i.e. Idaho City Clerks, Treasurers & Finance Officers Association, Association of Public Treasurers, etc. . CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 10 OF 70 Public Addresses Includes speeches (State of the City), addresses Permanent In and other comments or remarks made at formal perpetuity ceremonies by elected officials. Public Records .Written public records requests, city denials of Temporary 2 years after Requests public records requests, appeals information, last action etc. Publications Newsletters, annual reports, policies, manuals, Semipermanent 5 years pamphlets, brochures, leaflets, reports, plans, feasibility studies, proposals, etc. published by the ci or at the city's re nest. Purchasing & Records documenting competitive bidding and Semipermanent 5 years Quality-Based parchase of goods, services, and public works 67-2805(2)(3) Selection Records construction, and procurement of design and 67- professionals. Records include: published 2806(1)(3) notices and solicitations, specifications, bids, requests for qualifications, statements of ualifications, etc. Purchase Orders & Requests and purchase orders for goods or Semipermanent 5 years Requisitions services purchased by the city. Information 50-907(2)(a) includes: department, delivery location, date, quantity, descripfion, unit and total price, and authorizing signatures. Records Records documenting the inventory, retention, Permanent In Management management and disposition of city records, perpetuity Records including: records retention schedules, inventory worksheets, correspondence,record retention schedules and amendments, and destruction records including destruction resolution and authorization from Idaho State Historical Society and le al counsel. Sister City Records Records of sister city relationships with cities in Semipermanent 5 years other countries, including correspondence, ceremonial agreements, proclamations, exchange visit records, photographs and related documents. Surveys, Polls & Records documenting measurement of public Permanent In Questionnaires opinion, including surveys, polls, perpetuity questionnaires, studies, etc. Technical Manuals, Owners manuals and warranties for city-owned Transitory Until Specifications & vehicles and equipment. Includes removed Warranties specifications, operating instructions, safety from service information, and terms for coverage of repair or re lacement of e ui ment. Telephone Actual telephone messages and telephone Transitory Until Messages message registers. administrati ve need ends Urban Renewal Includes urban renewal plans, annual financial Permanent In CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 11 OF 70 Records reports, audit reports, budgets, project records, perpetuity tax-increment financing information and related documents. Vacation Records Recorded property vacations by the city, Permanent In including streets, alleys, easements, public perpetuity utilities, subdivisions, and rights-of-way. Records may include: petitions to vacate, maps, descriptions of property, staff reports, and related correspondence. Vehicle Document the maintenance and repair history of Transitory Until Maintenance & city-owned vehicles. Records typically include: removed Repair Records description of work completed, parts and from service supplies used, date of service, date purchased, price, vehicle identification number; make and model, registration, etc. Visitor Logs Records documenting visitors to city buildings, Transitory 1 year and typically include: visitor's name, visitor badge issued, and entrance and exit times. Ballots Includes voted ballots, unused ballots, absentee Temporary 2 years ballots, spoiled ballots, and ballot stubs. SO-907 3 (c) Campaign Finance Reports showing contributions and expenditures Permanent In Reports in city campaigns by mayor/council candidates, 50-907(1)(g) perpetuity political committees and independent persons/entities. Includes C-1 (Certification of Treasurer), C-2 (Campaign Financial Disclosure Report), C-4 (Independent Expenditures), C-5 (48 Hour Notice of Contributions/ Loans Received), C-6 (Statement by Nonbusiness Entity), and C-7 (48 Hour Notice of Independent Expenditures). Candidate Includes declarations of candidacy and intent for Permanent In Declarations & candidates for city elective office. Declarations 50-907(1)(g) perpetuity Petitions of candidacy are filed by candidates to get their name on the election ballot, and are accompanied by a filing fee of $40 or a petition with the signatures of at least five qualified city electors, including a certification by the county clerk of the number of signatures that are of qualified city electors. Declarations of intent are filed by write-in candidates, and do not require the filing fee or petition. Election Working Includes the following records: absentee voting, Semipermanent 5 years Files polling places, judges and clerks, challengers and watchers, voting machines and vote tally systems, correspondence, and other records not s ecifically listed in this schedule. Notices of Election Includes the first and second notice of election Permanent In & Sample Ballots and sample ballot, which are published in the SO-907(1)(g~ perpetuity official news a er. CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 12 OF 70 Poll Books Books showing the name, address and signature Permanent In of those voting in city elections. 50-907(1)(8), perpetuity SO-907(3)(c Tally Books The book in which election staff record and total Permanent In the votes cast for each candidate and ballot 50-907(1)(8) perpetuity question at the polling precinct. CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 13 OF 70 FINANCE DEPARTMENT August 2007 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Accounts Payable Records documenting payment of city bills, Temporary 3 years after including reports, invoices, statements, audit report vouchers, purchase orders, payment authorizations, receipt records, canceled checks or warrants, etc. SEE ALSO Grant Records in this secfion for records documenting expenditure of grant funds. Accounts Records documenting billing and collection of Temporary 3 years after Receivable monies owed to the city by vendors, citizens, collected or organizations, governments, etc. Records deemed include: reports, receipts, invoices, awards, logs, uncollectible lists, summaries, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, adjustments, etc. SEE ALSO Grant Records in this section for records documenting receipt of grant funds. Audit Report Documents the city's annual audit, examining Permanent In perpetuity the city's compliance with generally accepted accounting principles and methods, the accuracy and legality of transactions, accounts, etc., and compliance with requirements, orders, and regulations pertaining to the fmancial condition and operation of the city. Information includes: auditor's report and recommendations, single audit information concerning federal grants, and other information. Bank Transaction Records documenting the current status and Temporary 3 years after Records transaction activity of city bank accounts, audit report including account statements, deposit and withdrawal slips, checks, checkbook stubs and check registers, etc. SEE ALSO Grant Files in this section for records documenting grant transactions. Bankruptcy Notices Records documenfing notification to the city Temporary 3 years from that certain individuals have filed for discharge of bankruptcy, and used to determine if the debt or last individual owes money to the city and to file action notice or claim with the court. Information may (whichever is include: debtor's name, accounts information, shorter) prepared repayment plan and related documentation. CITY OF MERIDIAN RECORDS RETENTION SCHEbULE PAGE 14 OF 70 Bond Records Records documenting the authorization to Temporary 3 years after finance city improvements through bonded final bond indebtedness. Records include: bond rating payment information, bond ordinance and legal notices announcing bond election, bond counsel information and o imons, covenants, etc. Bonds & Coupons, Records documenting paid bonds and coupons Temporary 3 years after Paid issued for capital improvements financed by final payment property tax levies, assessments on property owners or city utility user charges. The paid (canceled or redeemed) bonds and coupons are received from paying agents and include: bond number, maturity date, series number, interest payable date, dollar amount, sale conditions, and related information. Bonds Issued Registers or similar records documenting all city Temporary 3 years after Registers bond issues and related information. Useful for audit report ensuring accurate information about the overall indebtedness of the city. Information often includes: bond number, date paid, place of payment, maturity date, date registered and related data. Budget Records Records used in preparing and adopting the city Temporary 3 years budget, including revenue projections, instructions, deparhnent requests, worksheets, and other information. Deduction Records documenting employee application and Temporary 3 years after Authorization authorization for voluntary payroll deductions, superseded, Records direct bank deposits, and related actions. terminated, or Payroll deductions are directly deposited or employee remitted to the authorized financial institution, separation insurance company, or other agency or vendor. Records may include: insurance applications, enrollment cards, deduction authorizations, approval notices, deduction terminations, and related records. Deduction Registers Registers or records documenting voluntary Semipermanent 5 years and/or required deductions from the gross pay of city employees. Types of deductions include: federal income and social security taxes, state income tax, workers' compensation, union dues, insurance, deferred compensation, credit union, parking permit, pre-written checks, garnishments, levies, charitable contributions, and others. Information may include: employee name and social security number, pay period, total deductions, net pay, check number, and related data. CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 15 OF 70 Employee Bond Records documenting the posting of fidelity, Semipermanent 6 years after Records performance or position bonds to guarantee the expiration honest and faithful performance of elected officials, individual employees or groups of employees. Information typically includes: name and position(s) of the individual or group, amount of coverage, effective and expiration dates, and related information. Employee Time Records documenting hours worked, leave hours Temporary 3 years Records accrued, and leave hours taken by city employees. Information usually includes: employee name and social security number, hours worked, type and number of leave hours taken, total hours, dates and related-data. SEE ALSO Leave Applications in this section. Employee Travel Records documenting requests, authorizations, Temporary 3 years Records reimbursements, and other actions related to employee travel, including expense reports and receipts, vouchers and related documents. Information typically includes: estimated and final cost, destination, method of transportation, travel dates, approval signatures, etc. Federal & State Records, in addition to those itemized in this Semipermanent 5 years Tax Records section, used to report the collection, distribution, deposit, and transmittal of federal and state income taxes as well as social security tax. Examples include: the federal miscellaneous income statement (1099), request for taxpayer identification number and certificate (W-9), employers' quarterly federal tax return (941, 941 E), tax deposit coupon (8109), and similar federal and state completed forms. SEE ALSO Wage & Tax Statements and Withholding Allowance Certificates in this section for related records. Financial Reports Reports documenting the financial condition and Permanent In perpetuity operation of the city, issued on a monthly, quarterly, annual or other basis, including quarterly published treasurer's report and year- end financial reports. Reports include information on revenues and expenditures in relation to the final budget. Garnishment Records documenting requests and court orders Temporary 3 years Records to withhold wages from employee earnings for garnishments, tax levies, support payments, and other reasons. Usually includes original writs of garnishment, orders to withhold, federal or state tax levies, recapitulations of amounts withheld, and related records. Information usually CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 16 OP 70 includes: employee name and social security number, name of agency ordering garnishment, amount, name of party to whom payment is submitted, dates, and related data. General Ledgers Records documenting the summary of accounts Semipermanent 10 years reflecting the financial position of the city, showing debit, credit and balance amounts per account, budget, fund and department, and totals for notes receivable, interest income, amounts due from other funds, federal grants received, bank loans received, cash in escrow, deferred loans received, cash, encumbrances, revenue, accounts receivable, accounts payable, etc. Gift & Records docurenting gifts and contributions to Temporary 3 years after Contribution the city, including donor and acknowledgment completion of Records letters, acquisifion lists itemizing purchases the terms of made with contributed money, checks, receipts the gift/ and related records. contribution Grant Records Records documenting the application, Semipermanent 10 years final evaluation, awarding, administration, reporting disposition, or and status of grants received, awarded or as specified in administered by the city. Records include: grant applications and proposals, summaries, agreement objectives, activities, budgets, exhibits, award notices, progress reports, contracts, financial reports, and related correspondence and documentation. Interdepartmental Accounting documents that request the transfer Temporary 3 years Billings of funds between departments for services rendered or materials purchased. Investment Records Reports, statements, summaries, correspondence Temporary 3 years and other records documenting and tracking investments made by the city, including the Local Government Investment Pool. Leave Applications Applications or requests submitted by city Temporary 3 years employees for sick, vacation, compensatory, personal business, family and medical leave, long term leave, and other leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related data. SEE ALSO Employee Time Records in this section. Leave Balance Reports documenting individual city employee Semipermanent 75 years after Reports accrual and use of sick, vacation, compensatory, date of hire personal business, family and medical leave, and other leave time. Information usually includes: employee name and social security number, leave beginning balance, leave time accrued, leave time used, ending balance, and related CITY OF MERIDIAN RECORDS RETENTION SCFIEDULG PAGE 17 OP 70 data. SEE ALSO Employee Benefits Records in the Personnel section. Local Improvement Records documenting the formation of a local Permanent. In perpetuity Districts improvement district and levying of special assessments, including: published notices, assessment roll, appeals, affidavits, bonds and coupons, delinquencies, and related correspondence and documents. Payroll Reports, statistical studies, and other records Temporary 3 years Administrative designed and used for budget preparation, Reports projections, workload and personnel management, and research and general reference. Often consists of recapitulation reports organizing wages, deductions, and other data into categories such asquarter-to-date, year-to-date, fiscal year-to-date, department, division, section, employee/employer contributions, and others. Payroll Registers Registers or records serving the same function Temporary 3 years of documenting the earnings, voluntary and required deductions, and withholdings of city employees. Information usually includes employee name and social security number, hours worked, rate, overtime, vacation value, various allowance, gross pay, federal and state withholding, voluntary deductions, net pay, and related data. Receipts Copies of receipts, showing the date, from Temporary 3 years whom received, amount, pur ose, etc. Sales & Use Tax Used to report and remit sales tax collected and Temporary 3 years Forms due to the state. Signature Records documenting authorization of Semipermanent 6 years Authorization designated employees to sign fiscal and Records contractual documents. Subsidiary Ledgers, Records documenting details of transactions Semipermanent 75 years Journals & such as those related to receipts and Registers expenditures on a daily, monthly, quarterly or similar basis. Includes journals, ledgers, registers, daybooks and other account books that provide backup documentation for the general ledger. Unemployment Records documenting claims submitted by Temporary 3 years Compensation former city employees for unemployment Claim Records compensation. Usually includes: claims, notices, reports, and related records. May also include records generated by the appeal of claim determinations. Unemployment Records documenting employee earnings on a Temporary 3 years Re orts quarterly basis. Used to document costs and CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 1$ OF 70 charges in the event of an unemployment compensation claim. Information includes: employee name and social security number, quarterly earnings, days worked, totals, and other data. Utility Account Records documenting routine information Temporary 2 years Change Records changes to customer accounts, including name and address. Utility Applications completed by customers requesting Temporary 3 years Application/Discon or disconnecting water, sewer, power, garbage nect Records or other city-provided services. Information typically includes: customer's name, address, phone number, meter information, date and a royal signatures. Utility Bill Bill stubs received with payments for water, Temporary 3 years Remittance Stubs sewer, power, garbage and other city-provided services that document receipt and posting of customer payments. Information typically includes: account number, name, service address, payment received, and receipt date and number. Utility Billing Records documenting adjustments to customer Temporary 3 years Adjustment water, sewer, power, garbage or other city- Records provided service billings for debits, credits, refunds, returned checks, and related reasons. Information usually includes: customer's name and address, type of adjustment, justification, amount changed, authorizing signatures and other information. Utility Billing Records documenting transactions on the water, Temporary 3 years Register sewer, power, garbage or other city-provided service account of each customer. Useful for reference to assure accurate customer billings. Information often includes: customer's name, service address, meter reading, water or power usage, utility charges, payments, adjustments, prior balance due, current balance due and related data. Utility Customer Records documenting customer payment of a Temporary 3 years after Security Deposit security deposit to receive water, sewer, power, refund or last Records garbage or other services. Information usually action includes date, amount of deposit, customer's name, address, and account number; date account closed, refund date, amount of deposit confiscated, reason for confiscation; and related information. Utility Meter Books Document the readings of customer water/power Temporary 3 years meters by city employees for billing purposes. Information typically includes: name of meter CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 19 OF 70 reader, meter reading, date read, account number, billing code, final reading, reason for turnoff, meter changes, and related date. Vendor Lists Lists of vendors providing goods and services to Transitory Until the city. superseded or administrative need ends Wage & Tax Annual statements documenting individual Semipermanent 5 years Statements employee earnings and withholdings for state and federal income taxes and social security tax, also known as federal tax form W-2. Information includes: city name and tax identification number, employee name and social security number, wages paid, amounts withheld, and related data. SEE ALSO Federal & State Tax Forms in this section for related records. Withholding Certificates documenting the exemption status Semipermanent 5 years Allowance of individual city employees, also known as W- Certificates 4 forms. Information includes: employee name and address, social security number; designation of exemption status, and signature. SEE ALSO Federal & State Tax Forms in this section for related records. CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 20 OF 70 FIl2E DEPARTMENT January 2012 NAME OF DESCRIPTION CATEGORY RETENTION RECORD PERIOD Administrative Records regarding day-to-day administration of Transitory Until Records department, e.g., copies of invoices, travel records, administrative uniform clothing purchases, fuel charges, fuel need ends or receipts, fuel reports, inventory asset information record is forms, and copier copy count sheets. Phone logs, superseded ride-along tracking records, waste water inventory, Knox Box Forms, blogs, daily attendance sheets, and quarterly personnel newsletter. Correspondence Day-to-day office and housekeeping correspondence Transitory Until not unique to city functions or programs. administrative need ends General administrative correspondence, including Semipermanent 5 years records created or received in the course of administering city policies/programs, but not related to significant policy/program discussions or decisions. Policy/program correspondence, documenting the Permanent In perpetuity formulation, adoption, and implementation of significant policy/program decisions, including letters to personnel, Certified Family Home Fire District letters, letters regarding training burns, etc. Equipment Equipment maintenance and test records include: Transitory Until Maintenance & Fire hose records such as test date, date previously administrafive Test Records tested, apparatus number, stafion number, hose need ends diameter, conditions found, service date, defects corrected, etc. Ladder test results done annually on all ladders. Tests done on SCBA's including flow testing. Emergency medical equipment maintenance records used to verify regular maintenance of emergency medical equipment such as copies of contracts, maintenance schedules, test protocols, equipment inventory, performance test records, repair records, parts used and service reports. Fire & Security Records documenting the department's role in issuing Permanent In perpetuity Alarm System permits, testing and maintaining fire and security Records alarms, including fire alarm and sprinkler system plans. May include permits, applications, malfunction reports, maintenance reports, and related documents. CITY OE MERIDIAN RECORDS RETENTION SCHEDULE PAGE 21 OF 70 Fire Fire and arson investigation case files, including Permanent In perpetuity Investigation investigatvve reports, witness statements, Records photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, and incident/injury reports. Hazardous Inspection records of underground and above ground Permanent In perpetuity Materials fuel storage tanks. Reports and investigation results Records of incidents including spills and leaks, etc. Historical Newspaper clippings and articles relating to the Permanent In perpetuity Records Meridian Fire Department, photos of events. In-Home Care Documents relating to fire code inspections Semipermanent 5 years Facility performed by the department of home daycares and Inspections foster care homes. May include reports, notices, citations, occupancy and pre-fire planning records, floor plans, sketches, reports, lists and related documents. Inspection and Documents relating to fire code inspections Semipermanent 5 years Occupancy performed by the department of commercial Records for buildings. May include reports, notices, citations, Commercial occupancy and pre-fire planning records, floor plans, Buildin s sketches, re orts, lists and related documents. Juvenile Fire Case files related to juvenile fire setter investigation, Permanent In perpetuity Setter including investigative reports, witness statements, Evaluations photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, incident/injuryrepnrts. Maps Maps and related records maintained by the Transitory Until department for address location, reference and for superseded tracking various trends. May include lists, books and other methods of address location. Meeting Final, approved Officer and Command Staff meeting Semipermanent 5 years Minutes minutes. Monthly and Monthly and Annual Department reports Permanent In perpetuity Annual Department Re orts CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 22 OF 70 Narcotics Narcotic inventory and usage- hard copy, narcotics Temporary 3 years Inventory & distributed to the engine companies Usa e National Fire National Fire Incident Reporting System (NFIRS) Permanent In perpetuity Incident Fire Incident Report, including as related to fire run, Reports medical emergency, casualty, hazardous materials call, false alarm, good intent, or service call. May include property release forms, civilian and fire service casualty reports, hazardous materials reports, etc. Patient Care Records related to patient care, refusal of care, denial Permanent In perpetuity Records of need for care, supplemental emergency medical services reports, diagnostic attachments to include ECG, care summary re orts and vital sign reports. Plans, Records related to department operations, including Transitory Until Protocols, Medical Supervision Plan, standing written orders, superseded Guidelines, operational guidelines, administrative and operational Policies policies Proof of Proof of worker's compensation and other insurance Transitory Until Insurance required for training tower usage by other agencies superseded Public Records related to the design and implementation of Semipermanent 10 years Education educational and other outreach programs provided to Programs & the public by the department. May include: class Publications descriptions, instructional materials, course outlines, class enrollment and attendance records, reports, speeches, publications, and car seat ins ection forms. Public Record Public records requests and responses. Temporary 1 year Requests Ride-Along Signed waiver for persons requesting aride-along Transitory Until Forms with the department. administrative need ends CITY OF MERIDIAN ACCORDS RETENTION SCHEDULE PAGE 23 OF 70 Structure Burn Training Records Records related to structure burns. Semipermanent 10 years Vehicle and Records documenting maintenance andrepairs of Semipermanent 5 years after Equipment vehicles, equipment, and other assets with a useful disposal or Maintenance life generally more than five years. May include replacement and Repair vehicle maintenance records, inspections, pump of asset to Records testing and repair records of apparatus, ladder which record inspections, and SCBA equipment. is related Meridian Rural All records of activities of the department or other Permanent In perpetuity Fire Protection City departments as they relate to the Meridian Rural District Records Fire Protection District. May include: annual audits, land and apparatus acquisition records, records relating to construction of fire stations, bank statements, tax levy forms, Local Government Investment Pool statements, financial statements, annual budget records, legal notices, meeting minutes, election records, declarations of candidacy, election results, ICRMP insurance records, audio recordings of meetings. CITY OF MERmIAN RECORDS RETENTION SCHEDULE PAGE 24 OP 70 HUMAN RESOURCES DEPARTMENT January 2012 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Affirmative Records docurenting city compliance with the Civil Semipermanent 5 years Action; Rights Act of 1964, the Equal Employment Idaho Code ,¢ Equal Opportunity Act of 1972 and the Americans with 50-907(2)(g~; Employment Disabilities Act. Records include: plans, policy 29 CFR Part Opportunity statements, reports, investigations, case files and 1602; 29 CFR Commission related information. Also includes EEO-4 reports 1620.32 reports submitted to the Equal Employment Opportunity Commission (EEOC) documenting compliance with EEOC requirements by cities with 15 or more employees. Benefits Records documenting notice to employees, spouses and Semipermanent 75 years after Continuation dependents informing them of their rights to continue Idaho Code § employee insurance coverage after termination or disability or 50-907(2) (g); separation, family leave and whether coverage was elected or 29 CFR 1627.3 expiration of rejected. Continuation may be under COBRA or eligibility, or another provision. Nofice is also sent to a third party completion of administrator who administers the extended coverage. litigation, Records maybe filed with the Employee Benefits whichever is Records or Employee Personnel Records, longest City Hall Records documenting the activities and administration Semipermanent 2 years from last Volunteer of volunteer programs in city hall and records Idaho Code §§ date of volunteer Program documenting work performed for the City by citizens 50-907(2)0 work records without compensation for their services. May include and 72-601 volunteer applications forms, volunteer and emergency contact information, agreements, applications; skills test results, training documentation, task assignments, monitoring records, volunteer hour statistics, volunteer program publicity records, insurance information, inactive volunteer files, and related records. Collective Records documenting negotiations between the city Semipermanent 3 years Bargaining and employee representatives, including contracts, Idaho Code § reports, negotiation notes, letters of agreement, 50-907(2) (g); arbitration findings, cost analyses, minutes, tape 29 CFR 516.5 recordings, etc. Employee Records relating to city employee benefits information Semipermanent 75 years after Benefits such as: selection of insurance plans, retirement, Idaho Code ,¢,¢ employee pension, and disability plans, deferred compensation SO-907(2)(g) separation, plans, and other benefit information. Records may and 45-610; 29 expiration of include but are not limited to: plan selection and CFR 1627.3; 29 eligibility, or application forms, enrollment records, contribution and CFR 1602.31; completion of deduction summaries, ersonal data records, IDAPA liti ation, CTTY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 25 OF 70 authorizations, beneficiary information, year-end leave 09.01.35.081 whichever is balance reports, notices of disability payment made, longest and related documentation. Employee Document an individual employee's work-related Semipermanent 75 years after Medical medical history. These records are not personnel Idaho Code ,¢§ employee Records records and must be kept in a separate location. from 50-907(2)(g) separation, employee personnel records as required by the and 72-601; 29 expiration of Americans with Disabilities Act. Records may include, CFR 1602.31; eligibility, or but are not limited to: medical exam records (pre- 29 CFR completion of employment, pre-assignment, periodic or episodic), X- 1910.1020 litigation, rays, records of significant health or disability whichever is limitations related to job assignments, documentation longest or work-related injuries or illnesses, hearing test records, hazard exposure records, first- aid incident records, physician statements, release consent forms and related correspondence. Employee Document of employee's work history. Records may Semipermanent 75 years after personnel include, but are not limited to: employment Idaho Code §§ employee records applications, notices of appointment, training and 50-907(2)(g) separation, certification records, records of health limitations, drug and 45-610; 29 expiration of testing, salary schedules, personal actions, performance CFR 16273; 29 eligibility, or evaluations, awards and other special recognition, CFR 1602.31; completion of letters of recommendation, investigation information, IDAPA litigation, disciplinary action, notices of layoff, letters of 09.01.35.081 whichever is resignation, home address and telephone, emergency longest notification forms, oaths of office, grievance and complaint records, and relate correspondence and documentation. (See also Employee Benefits Records, Employee Medical Records, Recruitment and Sellection Records, and Volunteer Records.) Employment Document to the U.S. hnrnigration and Naturalization Semipermanent 3 years after date verification Service that an applicant or employee is eligible to Idaho Code ,¢ of hire or 1 year (I-9) of job work in the U.S. Information includes: employee SO-907(2)(g) 8 after employment applicants information and verification data such as citizenship or U.S.C. § is terminated, alien status and signature, employer review and 1324a(b)(3) whichever is later verification data such as documents, which establish (Immigration identity and eligibility, and employer's signature Reform and certifying that documents were checked. This category Control Act) includes forms completed for all new hires, as superseded or previous forms completed on rehires. Hazard Emergency response employees exhibiting signs or Semipermanent 75 years after exposure symptoms possibly resulting from exposure to Idaho Code ,¢ employee records hazardous substances are required to be provided 50-907(2)(g); separation, medical examination and consultation. Records 29 CFR expiration of include: employee's name and social security number; 1910.1020 eligibility, or physician's written opinion, recommended limitations; completion of results of examinations and tests; employee medical litigation, CITY OP MERIDIAN RECORDS RETENTION SCHEDULE PAGE 26 OF 70 complaints related to hazardous substance exposure; whichever is description of employee's duties as they relate to longest exposure; the employee's exposure levels or . anticipated exposure levels; description of protective equipment used; and information from previous medical examinations of the employee which is not readily available to physician and other information. Kinds and Records documenting the description, classification Temporary 3 years levels chart and compensation of city jobs and positions. Usually Idaho Code ,¢ includes details of duties and responsibilities of each 50-907(3)(d); position time percentage breakdowns of tasks, skills 29 CFR Part and abilities needed for each position, and related 1602 and 29 records documenting the development, modification or CFR 1627.3 redefinition of each 'ob or position. Personnel Forms submitted to HR upon initial hire, pay increase Semipermanent 75 years after Action (PAR) or decrease, change of address, or change of supervisor Idaho Code ,¢ employee Forms 50-907(2)0; separation, 29 CFR Part expiration of 1602 and 29 eligibility, or CFR 1627.3 completion of litigation, whichever is longest Position Records documenting the description, classification Temporary 3 years descriptions and compensation of city jobs and positions. Usually Idaho Code ,¢ includes details of duties and responsibilities of each 50-907(3)(d); position time percentage breakdowns of tasks, skills 29 CFR Part and abilities needed for each position, and related 1602 and 29 records documenting the development, modification or CFR 16273 redefmition of each job or position. Photo Photographs and other records used to identify city Transitory Until superseded, Identification employees, private security personnel, contract workers obsolete or and other. May include photographs taken by City for administrative identification or prox card or driver's license needs end hotocopy. Recruitment Documents regarding the recruitment and selection of Semipermanent 2 years and selection city employees and contracted service providers such Idaho Code ,¢ records for as attorneys, auditors, consultants, etc. Records may 50-907(2)(g); applicants include, but are not limited to: job announcements and 29 CFR who are descriptions, applicant lists, applications and resumes, 1602.31; 29 hired position advertisement records, civil service and other CFR examination records, interview questions, interview 16273(b)(1)(vi) and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related corres ondence and CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 27 OP 70 documentation. Recruitment Documents regarding the recruitment and selection of Semipermanent 2 years and selection city employees and contracted service providers such Idaho Code ,¢ records for as attorneys, auditors, consultants, etc. Records may 50-907(2)(g); applicants include, but are not linuted to: job announcements and 29 CFR who are not descriptions, applicant lists, applications and resumes, 1602.31; 29 hired position advertisement records, civil service and other CFR examination records, interview questions, interview 16273(b)(1)(vi) and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. HR internal Records related to the design and implementation of Semipermanent 5 years from final training training program provided to employees by the city. Idaho Code ,¢ presentation/use program May include course descriptions, instructor 50-907(2)(g) certifications, instructional materials, course outlines, class enrollment and attendance records, tests, test results, and related records. CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 2$ OF 70 LEGAL DEPARTMENT January 2012 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Civil Case Files Pending and closed cases filed by and Semipermanent Keep 10 years against the city, including all pre- 50-907(2)(g) after case closed litigation, litigation, appellate or dismissed, or documents (complaints, summons, date of last investigations, reports, attorney notes, action discovery-related records, pleadings, deposition transcripts, disposition, orders and judgments, settlement and mediation information, appeals, and related records), and bankruptcy files. Claim Files Claims for damages filed by and Semipermanent Keep 10 years against the city, including claims 50-907(2)(g) from date of caused by city employees/equipment, resolved claim, including related correspondence. provided there is no litigation. Departmental Reports prepared by the city attorney Semipermanent 5 years after date Reports for the mayor and city council. 50-907(2)(e) of issuance or completion of the matter contained within the record. Forms, tem lates Legal forms and templates Transitory Until superceded Land Use Appeals of land use decisions, Semipermanent Keep 10 years Appeals including staff reports, pleadings, 50-907(2) (~ after case closed briefs, and related records. or dismissed, or date of last action Legal Opinions, Formal and informal opinions and Permanent In perpetuity Memoranda memoranda rendered by the city 50-907(1)(h) attorney for the mayor, city council, or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 29 OF 70 INFORMATION TECHNOLOGY DEPARTMENT January 2012 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Backup tapes A copy on a tape cartridge of the Transitory 6 months contents of all data from the City servers Case Management All cases opened in Case Management, Temporary 3 years notes including Code Enforcement, Building 50-907(3)(d) Services, Legal, and Information (other) Technology Department Policies, reports, and documents . Semipermanent 5 years policies and regarding internal department 50-907(2)(e) reports operations and procedures, e.g. (dept. report) computer usage policy, password policy, service level goals, training materials, evaluations of materials Disaster Recovery Strategy for retention and recovery of Transitory Until Plan network and electronic documents superseded or following network or server crash or updated failure Information Minutes kept of monthly MIS Temporary 2 years Steering Committee meetings SO-907(3)(d) Committee (other) Minutes Internally- Text-based programming statements or Transitory Until generated source instructions that create or execute a superseded or code computer pro am a dated Internet history List of websites accessed on City Transitory 90 days computers and electronic devices Inventory List of electronic devices held by City Transitory Until Management and software licensing information and superseded or (Express Metrix) specifications for each electronic updated device used by City Outlook Meeting requests sent and received by Transitory Until deleted appointments employees via Outlook; appointments by user scheduled via Outlook by employees; meeting and appointment reminders sent and received via Outlook Outlook a-mail All e-mail messages, sent or received Semipermanent 5 years messages -general by City staff using Outlook software, 50-907(2)0 City staff that are stored in Outlook or the City's (other) e-mail archiving system. (E-mail messages may be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require.) CTTY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 30 OF 70 Outlook a-mail All e-mail messages, sent or received Transitory Until deleted messages -specific by part-time staff, seasonal staff, by user City staff temporary staff, interns, or firefighters using Outlook software, that are stored in Outlook or the City's a-mail archiving system (E-mail messages may be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require.) Outlook tasks and Tasks, task requests and reminders sent Transitory Until deleted notes and received by employees via by user Outlook Prox card access Register of which prox cards have Transitory 90 days history accessed a restricted area Security camera Video footage from security cameras Transitory Until footage mounted on and in city facilities overwritten by s stem Shoretel phone List of incoming and outgoing calls, Transitory 90 days history including phone numbers and caller identification, as available Voice mail Incoming verbal messages recorded on Transitory Until deleted messa es Shoretel or other voice mail systems by user CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 31 OF 70 MAYOR'S OFFICE January 2012 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Agendas & Agendas and minutes of Director Semipermanent 10 years Minutes Meetings, Operational Meetings, Mayor's Youth Advisory Council Meetings/ Annual Reports Report on City's and Mayor's Office Permanent In perpetuity activities over preceding year summarizing activifies and financial performance. Attendance Sheets Sign-in sheets, where offered, for Temporary 2 years from activities and events hosted by the date of event Mayor's Office. Applications Forms and materials submitted in Semipermanent 10 years application for positions or awards administered by Mayor's Office, including applications for scholarships, Promise partners, Mayor's Youth Advisory Council, volunteer positions, City commissions, and City committees or task forces. City Website HTML text stored in data base table in Transitory Until updated Content CMS. Note: Source document may or superseded exist elsewhere, and be retained pursuant to separate record retention schedule. Correspondence- Records created or received in the Semipermanent 5 years General course of administering city Administrative policies/programs, but these records do not provide insight into significant policy/program discussions or decisions. To include: Citizen res onse letters Correspondence Day-to-day office and housekeeping Transitory Until correspondence not unique to City administrative functions or programs. May include; needs ends thank you notes, welcome letters, letters to homeowners associations and businesses. Policy/program correspondence, Permanent In perpetuity documenting the formulation, adoption, and implementation of significant policy/program decisions. Ma include correspondence relating CITY OP MERIDIAN RECORDS RETENTION SCHEDULE PAGE 32 OF 70 to Commission and Committee appointments and correspondence with other government agencies. Economic HTML text stored in economic Transistory Until updated Development development website's external data or superseded Website base. Memoranda Internal or external memoranda Permanent In perpetuity summarizing research, recommendations, and other information News Releases A written or recorded record directed Permanent In perpetuity at members of the news media for the purpose of making a newsworthy announcement. Photos Published or historically significant Permanent In perpetuity photographs taken, owned, or stored by the Mayor's Office. Photographs that are not used or Transitory Until needed for a particular purpose. administrative need ends Proclamations City-initiated roclamations Permanent In perpetuity Outside group-initiated proclamations Transitor 1 year Publications Informational or promotional Semipermanent 10 years publications of the Mayor's office, including newsletters, flyers, marketing materials, brochures, program materials. Public Addresses Records relating to State of the City Permanent In perpetuity address. May include script, video, PowerPoint, program, agenda, photos. Records relating to State of the City Transitory Until addresses or speeches. May include administrative script, video, PowerPoint, program, need ends agenda, photos. Talking Points Records prepared to summarize issues Transitory Until in preparation for discussion with the administrative public or media. need ends Videos Videos prepared monthly for Permanent In perpetuity informational or promotional purposes, e. ,Celebrate Meridian Videos prepared weekly for Temporary 2 years informational or promotional purposes, e.g., City Council meetings, This Week in Meridian Raw video footage, used or unused Transitory Until administrative need ends CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 33 OF 70 PARKS Rti RECREATION DEPARTMENT January 2012 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Facility reservation Form applying for reservation of MPR Temporary 2 years application and facility; other required documentation 50-907(3)(d) materials such as proof of insurance. (other) Financial aid Completed application form and Temporary 2 years applications materials submitted to request SO-907(3)(d) financial assistance for children's (other) class or program. Incident or Reports of incidents, injuries, or Temporary 2 years accident reports accidents incurred during or related to 50-907(3)(d) a department-sponsored or (other) department-provided class, camp, program, reservation, or activity. Indemnity forms, Signed waiver/indemnity agreement Temporary 2 years medical release related to individual's or 50-907(3)(d) forms, waivers organization's participation in (other) department-sponsored or department- provided class, camp, program, reservation, activity, transportation, or travel. Internal Logs of employees' time, tasks, and Permanent In perpetuity department time location; reports and analysis of 50-907(1)(h) logs and reports related data. (other) Memorial forms Form requesting memorial in MPR Permanent IxF perpetuity facility under established memorial SO-907(1)(h) program (e.g. Generation Plaza Brick (other) Sales form, Memorial Tree Program form) Parks & Recreation Annual newsletter prepared by Parks Permanent In perpetuity Department & Recreation Department. 50-907(1)(h) newsletters (other) Public input Records of public input, including Permanent In perpetuity records survey results, neighborhood meeting 50-907(1)(h) minutes, correspondence, eta (other) Registration forms Form registering an individual fora Temporary 2 years recreation class, team, or event. SO-907(3)(d) other Sign in/Sign out Forms completed by parents to signify Temporary 2 years sheets that minor partici ant has been 50-907(3)(d) CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 34 OF 70 dropped off or picked up from a (other) deparhnent-sponsored or department- provided class, camp, program, or activity. Sports schedules Record of games played and final Temporary 2 years and scores scores. 50-907(3)(d) (other) Team rosters Record of all individuals registered for Temporary 2 years a sports team. 50-907(3)(d) (other) Tree inventory Inventory of all public trees Permanent In perpetuity maintained by City Arborist per City 50-907(1)(h) Code. (other CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 35 OF 70 PLANNING DEPARTMENT January 2012 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Accessory Use Application. Records also may I Permanent In perpetuity Permits for include: administrative review Daycare or Home documents including copy of issued Occupation permit, and the original signed copy of home occupation compliance statements. Alternative Application. Records also may include: Permanent In perpetuity Compliance administrative review documents including copy of issued approval with accom anying CZC or final plat. Annexation Application. Records also may include: Permanent In perpetuity annexation development agreement, 50-907(1)(e) notices of hearing, staff report, recommendations of the planning and zoning commission, maps, City Council decision, ordinance, legal description, etc. Area of City Records include public notices, Permanent In perpetuity Impact; correspondence, notices of hearing, 50- negotiations recommendations from the planning 907(1)(a)(b)(e) and zoning commission, maps, and (h) "committee of nine" proceedin s, etc. CDBG Sub Agreement. Semi- 5 years recipient permanent a reements 50-907(2 CDBG Plans and Plans, reports, and related Permanent In perpetuity Re orts correspondence, documentation. 50-907 1 h Certificate of Application. Records also may include: Permanent In perpetuity Zoning proposed site/landscape plan with 50-907(1)(h) Compliance; parking, landscaping, setbacks, lot See also Verification area, administrative review documents, 50-907(2)(C) copy of certificate, verification, etc. City Council Application for City Council Review. Permanent In perpetuity Review a eal 50-907(1 h Comprehensive Application with map, map and text Permanent In perpetuity Plan amendments, future land use and 50-907(1)(e) acquisition maps and related documents. Records also may include: related documents, notices of hearing, staff report, planning and zoning commission recommendations, decision, related correspondence, adopting resolution, etc. CITY OP MERTDTAN RECORDS RETENTION SCHEDULE PAGE 36 OP 70 Conditional Use Application. Records also may Permanent In perpetuity Permit; include: blueprint drawings, notices of 50-907(1)(h) Modification hearing, staff report, planning and zoning commission recommendations, decision, related corres ondence, etc. Design Review Application. Records also may include: Permanent In perpetuity records related to design review 50-907(1)(h) overlay districts, staff reports, committee recommendations, material boards, maps, photographs, eta Development Development agreement including: Permanent In perpetuity Agreement; records documenting formation, 50-907(1)(e) Modification modification including application to modify conditions, application to extend the time to sign the agreement, and termination of development agreement. Director Application and decision. Semipermanent 10 years Determination 50-907(2)(8) Planned Unit Application. Records also may Permanent In perpetuity Development include: maps, diagrams, site plans, 50-907(1)(h) notices of hearing, staff report, recommendation decision by the planning and zoning commission, correspondence, etc. Planning Studies Planning studies and related Permanent In perpetuity not adopted into documentation. 50-907(1)(h) the Comprehensive Plan or UDC Plat, final; Application. Records also may include: Permanent In perpetuity modification to map, plan, proof of ownership, 50-907(1)(e) condition applicable statement(s) of conformance, staff report, correspondence, Director determination, City Council decision, application for modification of condition(s) and decision, etc. Plat, preliminary Application. Records also may include: Permanent In perpetuity map, staff report, correspondence, 50-907(1)(e) decision, eta Plat, preliminary Application. Records also may include: Permanent In perpetuity and final final plat and supporting records, staff 50-907(1)(e) re ort, correspondence, decision, etc. Plat, short Application. Records also may include: Permanent In perpetuity map, staff report, correspondence, 50-907(1)(e) decision, eta Private Road; Application. Records also may include: Permanent In perpetuity ermit map, documents related to access, 50-907(1)(e CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 37 OF 70 maintenance, right-of--way, easement, correspondence, decision, etc. Property Application. Records also may include: Permanent In perpetuity Boundary tentative Director approval 50-907(1)(e) Adjustment documentation, recorded survey, conditions of approval, Director determination, certificate ;of zoning compliance, etc. Rezone Application. Records also may include: Permanent In perpetuity rezone agreement, notices of hearing, 50-907(1)(e) staff report, recommendations of the planning and zoning commission, ma s, decision, ordinance, etc. Sign; planned sign Application. Records also may include: Semipermanent 5 years after program; permit sign design drawings, correspondence, 50-907(2)g) expiration, staff notes, tentative Director approval, revocation, or decision, ermit, eta denial. Sign, temporary Application. Records also may include: Transitory 1 year and/or limited sign design drawings, correspondence, duration; ermit staff notes, decision, ernrit, etc Time Extension, Application, staff report, and decision. Semipermanent 5 years Director, Planning 50-907(2)(g) & Zoning Commission or Council Unified Application with proposed code Permanent In perpetuity Development amendments. Records may include: 50-907(1)(e) Code; amendment staff report, recommendation of the planning and zoning commissioner, correspondence, decision, ordinance, etc. Vacation Records Records include petitions to vacate, Permanent In perpetuity maps, descriptions of property, staff 50-907(1)(e) reports, letters of relinquishment and other correspondence, decision, etc. Variance Application. Records also may Permanent In perpetuity include: Idaho Transportation Department correspondence and/or decisions, decision(s), etc. Zoning Letter and related documentation. Temporary 2 years Verification Letter 50-907(3)(d) CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 38 OF 70 POLICE DEPARTMENT August 2007 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Audio tiles, active Audio recordings created by police Temporary 6 months after case pending officer making a traffic stop or other conviction, citizen contact, where a citation is plea, issued, an arrest is made, a charge is payment, or filed, or an investigation is opened other final regarding the incident. disposition of citation or charge Audio files, no Audio recordings created by police Temporary 30 days after further contact officer making a traffic stop or other recorded citizen contact, where no citation is issued, no arrest is made, no charge is filed, and no investigation is pending regarding the incident. Activity Reports Daily, weekly, monthly or other Semipermanent 5 years reports documenting the activities of SO-907(2)(e) employees, including: type of activity, employees involved, time spent on activity, work completed, equipment used, etc. Briefing Records Records documenting internal Transitory Until communication between supervisors administrative and shift workers or between staff on need ends different shifts to alert them to problems, issues or activities. Records may include, but are not limited to: briefing logs, teletype messages, and bulletins from other agencies. Data Management Records documenting the maintenance Transitory Until System Records and update of current information used superseded to provide and direct incident response within a 911 service area. Information may include, but is not limited to: address data, response unit assignments, response codes, responsible person data, and related documentation. Dispatch Incident Document specific incidents when a Temporary 2 years Records call is received by the 911 dispatch center and subsequent response activities. Information may include, but is not limited to: caller's name, address, and tele hone number; details CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 39 OF 70 of incident or complaint; dispatcher's name; responding agency and time of response; and incident disposition. Additional information received through an enhanced system is the Automatic Number Identification and Automatic Location Identification (ANI/ALI) which includes the telephone subscriber name, subscriber's telephone number and location. Master Street Records document the city's Transitory Until Address Guide notification to the phone service superseded Maintenance provider about the addition of new Forms streets or revision to existing streets on the Master Street Address Guide (MSAG). The MSAG is maintained by the phone service provider or its independent contractor. Information may include, but is not limited to: new or updated address, customer, and responder information. Master 24-Hour Document recorded incoming Temporary 30 days after Audio Tapes emergency and non-emergency calls; recorded law enforcement, fire and emergency medical services dispatches; radio activity; and 911 calls. Tapes are maintained on a 24-hour basis. Operational Logs Records documenting chronological Temporary 1 year tracking of activities related to 911 dispatch center operations, including, but not limited to: radio logs, telephone logs, and criminal background check request logs. Premise Records documenting informaflon Temporary Until Information about specific premises or locations administrative Records that emergency responders need to need ends know in advance of arrival at an incident site. Information may include, but is not limited to: hazardous materials storage locations, building plans submitted to the fire department, location of ufility shut- offs, and related information. Quality Assurance Records documenting the evaluation, Temporary 2 years Records analysis, and assessment of the performance and quality of 911 dispatch services. Records may CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 40 OF 70 include, but are not limited to: system evaluations, performance reports, surveys and questionnaires, quality improvement reports and recommendations, and related documentation. Statistical Reports Records documenting the compilation Permanent In perpetuity of statistical data about the actions and 50-907(2)(e) activities of the 911 dispatch center. Data may be compiled on a daily, weekly, monthly, quarterly and/or annual basis and maybe used for analysis, evaluation, and budget development purposes. Information may include, but is not limited to: data about response times, number of calls received and dispatched, and res onses by individual agency. System Records documenting 911 electronic Temporary 2 years Error/Malfunction system errors or malfunctions and Records corrective action. Records may include, but are not limited to: enhanced system error reports, trouble logs, work orders, correspondence, and related documentation. Accident Reports Document traffic accidents Temporary 3 years investigated by the police department. These reports typically include complete information on all cars and drivers involved in the accident, accident location, damage, cause of accident, date and time, accident diagram, description and weather conditions. Animal Control Records documenting animal control Semipermanent 5 years Records activities, often including: reports, 50-907(2)(e) logs, lists, cards, receipts, and related records. Subjects may include: lost and found animals, animals running at-large, dog bite reports, animals turned over to county animal control programs or humane society programs, etc. Arrest Warrant Records relating to arrest warrants and Temporary 3 years Records documenting the status of warrants as served, unserved or recalled by the court. Records may also include detainer requests, informational documents related to the wanted CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 4l OF 70 person, teletypes, and other records relevant to the service of warrants. Warrant information includes: date, court, judge's name, individual's name and date of birth, charge, etc. Felony booking Record of all persons arrested and Permanent In perpetuity records booked by the police department. Information includes: case number, name, race, sex, date of birth, docket number, age, height, weight, hair, eyes, social security number, visible scars and marks, NCIC identification number, address, phone number, aliases, drivers license number, occupation, next of kin and address, booking officer's name, current date, charge information, medical information, release date, time and arresting officer. Misdemeanor Record of all persons arrested and Temporary 3 years booking records booked by the police department. Information includes: case number, name, race, sex, date of birth, docket number, age, height, weight, hair, eyes, social security number, visible scars and marks, NCIC identification number, address, phone number, aliases, drivers license number, occupation, next of kin and address, booking officer's name, current date, charge information, medical information, release date, time and arresting officer. Bulletins from Records including bulletins, circulars, Transitory Until Other Agencies and related records received from administrative federal, state and local law need ends enforcement agencies. Usually contains descriptions and photographs of fugitives, missing persons, stolen property, etc. Civil Enforcement Records relating to actions taken on a Temporary 3 years Case Files specific civil case. Information may include: attempts at service, actual service information, and documentation of enforcement actions taken under the provisions of the order. Community Service Records relating to police community Semipermanent 5 years Pro rams service programs, including: DARE, 50-907 2 (e CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 42 OP 70 Neighborhood Watch, youth activifies, etc. Records may include: publications, mailing lists, plans, evaluations, notes, reports, lesson lans and outlines, etc. Crime Analysis Records documenting police efforts to Semipermanent 10 years Files anticipate, prevent, or monitor criminal activity. May include reports, statistical summaries, photographs, audio/videotape, etc. Subjects often include: crime patterns or modes of operation, analysis of particular crimes, criminal profiles, forecasts, movements of known offenders, alerts from other agencies, etc. Crime Prevention Records documenting citizen- Temporary 3 years Security Survey requested officer surveys of homes Records and businesses and subsequent recommendations for improving security. Information usually includes: areas vulnerable to break- ins, blocked exits, landscaping that can hide crime, etc. Information. is typically compiled in a report that is sent to the property owner/renter. Crime Prevention Records documenting inspection of Temporary 3 years Vacation House homes and other properties while the Inspection Records occupants are away. Information typically includes: name, address, date received, vacation beginning and ending dates, emergency contact information, special condifions, dates and times officers checked the house or roperty, etc. Criminal Arrest Records documenting information on Temporary 3 years History Records the accumulated criminal arrest history of individuals which may be useful in current or future investigations. Records may include: summary sheets or cards, arrest reports, fingerprint cards, mug shots,. and related records. Information typically includes: name, aliases; residence, sex, age, date and place of birth, height, weight, hair and eye color, race, scars, marks, tattoos, abnormalities, date of arrest, offense committed, habits, closest relatives or CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 43 OF 70 friends, etc. Criminal History Records documenting the Temporary 3 years Dissemination dissemination of criminal histories and Records other law enforcement information to other agencies or criminal information systems. May include teletype and computer message logs. Information includes: date of release, subject of information, recipient of information, reason information was requested, and identification numbers. Detoxification Logs listing names of intoxicated Temporary 3 years Confinement Logs individuals held and released when sober. Includes dates and times confined and released, name of individual and related information. Equipment Issued These records document equipment Temporary 3 years after Records issued to police department personnel, employee including: handcuffs, keys, uniforms, separation badges, bulletproof vests, and weapons (specifying the make, model, serial number and caliber). Expunged or Records documenting the arrest and/or Permanent In perpetuity Sealed Records conviction of a person who petitions and is granted by the court an order sealing records. Also applies to juvenile records. Field Interrogation Informational reports written by police Temporary 3 years Reports officers relating to individuals, events or vehicles for which the officer does not have probable cause for enforcement. Typically includes: name and address of person contacted, physical description of person or vehicle, officer's name, location of contact, date and time, witnesses, reason for contact, etc. Firearm Disposal These files contain records of firearms Permanent In perpetuity Records that have been disposed of through sale, trade or destruction. They include the manufacturer's name; serial number, model, caliber, disposal method, disposal date, name of business purchasin firearm, and bid. Fingerprint Cards Cards containing fingerprints, Permanent In perpetuity pahnprints, and other personal identifiers of arrested individuals. Used for identification and ap rehension of suspects in criminal CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 44 OF 70 investigations. The cards also contain information necessary to identify the individual, including: fingerprint classification number, name, address, date of birth, date of arrest, social security number, photograph, occupation, em Toyer, etc. Fingerprint Cards Cards containing latent fingerprints Permanent In perpetuity (Latent) and palm prints found at crime scenes without identification of suspects. These are compared against cards on file at the agency. Usually contains information related to the crime, location, date and time, and other details of the case. Handgun Dealers Records documenting purchases of Semipermanent 50 years Sales Records handguns from dealers. May include duplicate register sheets mailed by the dealer to the police department and triplicate register sheets mailed by the dealer to the State Police for criminal records checks and then forwarded to the city police department. Information includes: series number, sheet number, sales person, date and time, city, make, serial number, caliber, name of purchaser, date of birth, address, height, occupation, race, eye and hair color, local address (if traveling) and signatures of urchaser and salesperson. Indemnity Bonds Copies of insurance bonds issued to Semipermanent 5 years after indemnify the police department seizure against claims of wrongful actions in completed civil seizure cases. Impounded & Records documenting vehicles Temporary 3 years after Abandoned Vehicle impounded by police due to accidents, disposition of Records abandonment, recovered stolen vehicle vehicles, vehicles used in commission of crimes, etc. May include reports, notifications, information cards or sheets, receipts, etc. Information typically includes: make, model, year, color, identification number, tag number, condition of vehicle and contents, reason for impounding, location of impoundment, charge (if any), towing company used, release conditions, and name and address of CITY OF MERmIAN RECORDS RETENTION SCHEDULE PAGE 45 OF 70 individual to whom the vehicle was released. Incident Case File Indexes to inciden'S case files used as Permanent In perpetuity Index cross references between case numbers, names, dater, modus operandi, and other dest.riptive information. Incident Case Files Central case files documem'ing Permanent In perpetuity complaints or other actions oa' incidents investigated by the pillice department. Usually filed by case number. Records may include investigative reports, fingerprint oai°ds, arrest reports, supplemental reports, photographs, correspondence, teletypes, court orders, court dispositions, officer notes, laboratory reports, drug/alcohol test records, physical force records, citizen arrest certificates, copies of warrants, search warrants, booking sheets, property/evidence reports, custody reports, and other related documents. Information typically includes: suspect information, alleged activity, location, date, validity of source information and other data Informant Case Records documenting information Temporary 3 years Files about informants used by department personnel. Records typically include: reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informant activities, and related records. Internal Records documenting investigations Semipermanent 10 years after Investigations Case of police department personnel for employee Files violations of laws, rules or policies separation and may include findings and dispositions of investigations. Records often include: complaints, correspondence, investigatory reports, interviews, hearing summaries, testimony, etc. Information usually includes: the name of the officer. investigated, reason, location of violation, date, accomplices' names and addresses, witnesses' names and addresses, action taken, etc. CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 46 OF 70 Juvenile Records documenting youths taken Temporary 3 years Temporary into temporary custody by the Custody Records department. The action is not considered an arrest. Information typically includes: name, age and address of the youth; name and address of the person having legal or physical custody of the youth; reasons for and circumstances under which the youth was taken into temporary custody; and related information. Lost & Found Records documenting city receipt and Temporary 3 years Property Records maintenance of lost and found or abandoned property such as money, bicycles and other items not related to a crime. Includes: receipts, inventory lists, disposition information, etc. (SEE ALSO Property & Evidence Control & Disposition Records for records documenting property related to or held as evidence to an alleged crime. SEE AL50 Impounded & Abandoned Vehicle Records for records on abandoned vehicles.) Maps Maps and related records maintained Transitory Until for reference and for tracking various administrative trends. Examples include: need ends Neighborhood Watch Program maps, street number location maps and books, parking meter maps, and maps plotting reported crimes in a given area. Master Name Index Records documenting information on Permanent In perpetuity Records each individual who has been field interrogated or arrested, suspects or accomplices in crimes, victims, complainants, and witnesses to incidents. Information typically includes: name, address, date of birth, race, sex, date and time of incident or contact, incident number, and related data. Mug Shots Photographs and negatives of arrested Permanent In perpetuity individuals used for identification and apprehension of suspects in criminal investigations. The photograph is stamped with the case number or a department number and the date the picture was taken. CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 47 OF 70 National Crime NCIC is a computerized database of Transitory 1 year (if not Information Center criminal justice information available part of case (NCIC) Records to federal, state and local law file) enforcement agencies. NCIC includes information on: wanted persons, individuals charged with serious/significant offenses, missing persons, gang members, etc. Categories of records in the system cover stolen vehicles, guns and articles, and wanted persons. Neighborhood Records documenting the city's Temporary 3 years Dispute Resolution dispute resolution program to handle Records complaints by citizens about disputes with neighbors or merchants. Typical cases may cover: animal control, landlord/tenant issues, noise, harassment, property disputes, business/consumer issues, etc. Records may include: evaluation and intake records, service referrals, resolution agreements, and follow-up surveys. Information may include: name, phone number and address of person filing complaint; case number; date of activity; narration of request/complaint; name and address of offender; action taken; and other information. Officer notes, Notes written by officers during the Permanent In perpetuity felony coarse of a shift containing information which may or may not be included in an official report. Information may pertain to contacts, incidents, unusual circumstances; and other subjects. Notes are often used for writing reports and testifying in court. Information typically includes: names, dates, times, vehicles, activities, locations and related information. Officer notes, Notes written by officers during the Semipermanent 5 years misdemeanor course of a shift containing information which may or may not be included in an official report. Information may pertain to contacts, incidents, unusual circumstances, and other subjects. Notes are often used for writing reports and testifying in CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 48 OF 70 court. Information typically includes: names, dates, times, vehicles, activities, locations and related information. Parade Applications and other records Temporary 3 years Applications relating to parades on city streets, including: fees, insurance requirements, alternative routes for emergency vehicles, etc. Parking & Traffic Police department copies of citations Temporary 3 years Warnings & and records documenting warnings Citations issued for traffic, motor vehicle and parking offenses. Information includes: date and time; name and address; date of birth, sex, and occupation; license number and state; year, make and model of vehicle; location and type of violation; name of officer issuing citation; etc. Pawnbroker & Reports submitted to the police Temporary 3 years Secondhand Dealer department documenting merchandise Reports bought and sold by dealers. Useful in tracing stolen items. Information includes: name, address, identification, personal description of pledgor, date, dealer's name, and descri tion of article. Peer Court Records documenting the city's peer Temporary 2 years Records: court program where youths who haue committed certain first time offenses (typically status offenses, i.e. underage drinking) are judged by a court of their peers and typically sentenced to community service. Records may include: policy and procedure manuals, guidelines and instructions, agreements with juvenile and parents, verdict and terms of community service. Photo Identification Photographs and other records used to Transitory Until Records identify agency employees, private administrative security personnel, contract workers need ends and others. May include photographs taken for agency identification cards, driver's license photographs, and information such as name, date of birth, physical description, identification number, driver's license CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 49 OF 70 number, and other data. Polygraph Records Records documenting polygraph tests Permanent In perpetuity given to criminal suspects, for internal investigations and other purposes. Includes pre-examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, and related information. Property & Records used to track property and Semipermanent 7 years Evidence Control evidence coming into police & Disposition department possession. Documents Records receipt, storage, and disposition of personal property and physical evidence from defendants, victims, etc. May include evidence photographs documenting crime scenes, accidents, and other incidents. Records often include: receipt forms, evidence logs (showing chain of possession of evidence), property reports, destruction lists, property consignment sheets, seized firearm logs, homicide evidence inventories, etc. Information usually includes case number, tag number, date and time, property or evidence description, storage location, release date, etc. Often filed with Incident Case Files. (SEE ALSO Lost & Found Property Records in this section for property not related to an alleged crime. Property Records documenting registration of Transitory Until Registration property for identification incase of superseded Records theft, loss or burglary. Property includes, but is not limited to: bicycles, televisions, cameras, stereos and guns. Information typically includes: name and contact information of owner, description of property, serial number, etc. Property Sales Documents sale and conveyance.of Semipermanent 7 years Records real and personal property by the police department. Records may include: certificates of levy, notices of sale, publication proofs, mailing receipts, copy of judgment and execution, certificate of sale, return of service, and copy of deed issued: CITY OF MERIDTAN RECORDS RETENTION SCHEDULE PAGE 50 OF 70 Radar Equipment Records documenting the calibration Temporary 3 years after Certification & and maintenance of radar equipment equipment is Maintenance that maybe useful in documenting the replaced Records accuracy of the readings. Often includes original factory certification of calibration. Information relating to maintenance and repair may include: a description of work completed, parts used, date of service, equipment number, make, model, etc. Teletype, Fax & Incoming and outgoing teletype, fax Transitory Until Electronic or electronic messages concerning a administrative Messages variety of subjects, including: need ends incidents, meetings, arrests, warrant confirmation, etc. Information typically includes: date, time, originating agency, and text. These are messages not warranting inclusion in Incident Case Files or other classifications of records. Videotapes, active Videotapes documenting traffic stops Temporary 6 months after case pending and arrests, as well as surveillance conviction, videos of city facilities (including plea, police facilities, airport, etc.). payment, or other final disposition of citation or charge Videotapes, no Videotapes documenting traffic stops Temporary 30 days after further contact and arrests, as well as surveillance recorded videos of city facilities (including police facilities, airport, etc.). CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 51 OF 70 section. Examples include, but are not limited to: generators, sewage lift pumps, water pumps, office equipment, and furniture. Records may include summaries, reports,-and similar records usually compiled from daily work records on a monthly or quarterly basis. Information often includes: description of work completed, parts and supplies used, date of service, date of purchase,. purchase price, equipment number, make and model, and related data. (SEE ALSO Capital Asset Records in Administrative section.) Facilities & Records of all minor maintenance and Semipermanent Keep records Grounds repairs to buildings and grounds requiring Maintenance & owned or leased by the city. Used to engineering Repair Records verify that repairs were made. May stamps 2 include summaries, logs, reports, and years after life similar records usually compiled from of structure. daily work records on a monthly or Keep all other quarterly basis. Information often records five includes location, narrative of work years. completed, materials used, personnel completing work, authorization, dates of activities, and related data. Fill & Leaf Records documenting citizen requests Temporary 2 years Delivery Records and city delivery of fill material and leaves to private property. Often includes conditions; property owner address, phone number and signature; number of loads requested; desired dumping location; and related information. (SEE ALSO Street Surface Maintenance Records in this section for records documenting the removal of leaves from city streets.) Maps, Plans, Maps, plans, drawings, and photos Permanent Keep maps, Drawings & Photos created by or for the city. These plans, include various types of maps such as drawings, and system schematic, as-built, photos topographic, planemetric, orthophoto, permanently resource, and others. System (with the schematic maps represent locational exception of and other information about major copies systems such as water and sewer: obtained from Other maps are derived from aerial other photographs and represent physical agencies). CITY OF MERIDTAN RECORDS RETENTION SCHEDULE PAGE 53 OF 70 features such as building footprints, edge of pavement, and contours. This category also includes as-built plans, drawings, and details docurnentiilg city engineering and construction projects. Maintenance Records documenting complaints or Temporary 2 years Request/Complaint requests concerning a variety of Records maintenance responsibilities carried out by the public works department. Examples include, but are not limited to: brushing and limbing; road grading, rocking, sealing, patching, and marking; traffic signals and signs; city-owned buildings and equipment; streetlights; and water and sewer system problems. Information often includes: name, phone number, and address of person making request/complaint; narration of request/complaint; name of person responding to request/complaint; dates of related activities; resolution of request/com laint; and other data. Master Plan Document the present and projected Permanent In perpetuity Records needs of the city for water, sewer, storm drainage, streets, bike paths, and other systems. Often includes an implementation schedule for construction. Records often include: plans, reports, evaluations, cost analyses, drawings, and related documents. Subjects may include: rates, inventory evaluations, system rehabilitation or replacement, distribution of services, etc. Right-of--Way Permits issued for private use or Semipermanent Keep Permit Records construction on public rights-of--way construction- such as streets, sidewalks, and related adjacent land. Examples of activities records 10 may include house moving, block years after parties and other uses. Information substantial can include owner's name, address, completion of and phone number; contractor's name, project. Keep address, and phone number; location other records and description of activity; permit two years conditions; fee amount; date; after permit signatures; and related data. expiration, revocation, or CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 54 OP 70 discontinuanc e of use. Survey Field Detailed field notes and other records Semipermanent Keep other Records related to surveys for boundary records 10 location or construction, including years after notes on traverses, right-of--way substantial location, construction (including completion of levels, cuts, and grades), sketches project related to the survey, and other information. Temporary Access/ Records documenting temporary Temporary Keep two Construction easements allowing entrance and work years after Easement Records on property or streets not owned by expiration of the easement holder. Permits usually easement. apply to city crews and utility workers. Information can include: applicant name, address, and phone number; contractor name and license number; utility involved; location; description of work; security deposit; surface restoration material used; signature; date; comments; permit number; and related data. (SEE ALSO Right-of--Way Permit Records in this section and Easement Records in the Administrative section.) Utility Installation Records documenting installation of Semipermanent Keep two & Connection city utility systems or the connection years after Records of specific properties to city water, physical sewer, power, or similar systems. disconnection. Does not apply to temporary stoppages or disconnections service. May include applications, permits, and similar records. Information often includes: applicant's name and address, permit number, fee charged, service level, type of structure, pipe size, meter size and number, and. related data. Utility Line Records documenting requests and Temporary 2 years Location Request city action to locate underground lines Records in the vicinity of a construction site. Information often includes: name of person requesting location; planned and actual date and time of location; notations of water, sewer, storm drains, and other line locations; name and signature of person locating lines; and related data. CTTY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 55 OF 70 Utility Meter Records documenting the installation, Temporary Keep one year Installation, location, maintenance, testing, after meter Location, calibration and repair of city operated removed from Maintenance, & water and power meters. May include service. Repair Records logs, summaries, and similar records usually compiled from daily work records on a monthly or quarterly basis. Information often includes: address, narrative of work completed, personnel completing work, dates, and related data. Bridge & Culvert Records documenting maintenance Semipermanent Keep records Maintenance & and repairs on city bridges and with Repair Records culverts, including pedestrian and engineering bicycle bridges. May include stamps summaries, reports, logs, and related documenting records usually compiled from daily structural work records on a monthly or maintenance quarterly basis. Information often or repairs two includes: location, narrative of work years after completed, materials used, personnel bridge/culvert completing work, authorization, dates permanently of activities, and related data. (SEE removed from ALSO Activity Reports in this service. Keep section.) all other records five years. Bridge Inspection Records related to bridge inspections Semipermanent Keep two Records required by the U.S. Department of years after Transportation (23 CFR 650.305). bridge Inspections generally are done every removed from two years. Records may include. service. re orts prepared Crosswalk Records Records documenting the location and Temporary Keep 2 years use of crosswalks in the city. Useful in after determining the need for and superseded or placement of existing and proposed obsolete. crosswalks. May include striping records, reports, maps, studies, and related records. Railroad Crossing Records documenting city activities in Permanent In perpetuity Records relation to railroad crossings. Records may include: crossing plans and drawings, reports and studies, accident records, and related documentation and correspondence. Special Event Records documenting preparation for Temporary 2 years after Records and implementation of traffic changes event related to special events such as CITY OF MERIDIAN ACCORDS RETENTION SCHEDULE PAGB 56 OF 70 parades, motorcades, and demonstrations. Includes situations resulting in heavy traffic or street use requiring street closures, traffic rerouting, barricades, signal timing changes, and other variations. May include notifications, planning documents, reports, and related records. Speed Zone Records documenting the Temporary 2 years after Records establishment and review of speed superseded zones in the city, including reports, photographs, proposals, orders, maps, accident summaries, and related documents. Considerations include pedestrian and bicycle movements, environmental impact, adjacent land use, and other factors. Street & Road Records documenting the condition of Semipermanent 5 years Condition city streets, roads, curbs, shoulders, Inventory sidewalks, bikeways, alleys, etc. Useful for reference and planning. Information can include street or road name and location; year surveyed, constructed, and surfaced; bed and surface type; surface size; condition; and other data. Street Banner Records documenting proposals for Temporary 2 years Records and installations of banners on city streets, often in relation to civic events or celebrations. Records may include: plans, maps, proposals, reports, applications, and other documents. Applications usually include: applicant's name, address, and phone number; organization name; banner message; display period requested; signature of city official approving permit; and related information. Streetlight Records documenting inventory, Temporary 3 years Inventory, maintenance and repairs of city Maintenance & streetlights. May include reports, Repair Records summaries, and similar records usually compiled from daily work records on a monthly or quarterly basis. Information often includes: location, pole numbers, maps, types of lights, dates of purchase and installation, narratives of repair work CITY OF MERR)IAN RECORDS RETENTION SCHEDULE PAGE 57 OF 70 completed, equipment repaired or replaced, supplies used, personnel completing work, authorization, dates of activities, and related data. (SEE ALSO Activity Records in this section. Streetlight Request Records documenting requests by Temporary 2 years after & Survey Records citizens for the installation of last action streetlights, as well as city surveys to assess need and feasibility. Often includes request forms, correspondence, surveys, reports, and related records. Street Maintenance Records documenting maintenance Semipermanent Keep records & Repair Records and repairs of city-owned streets and requiring sidewalks. May include reports, engineering summaries, and similar documents stamps 10 usually compiled from daily work years after records on a monthly or quarterly substantial basis. Information often includes: completion. location, narrative of work completed, Keep all other amount of materials used, personnel records five involved, authorization, dates of years. activities, and related data. (SEE ALSO Activity Reports in this section.) Street Surface Records documenting routine and Semipermanent 5 years Maintenance special street sweeping, cleaning, Records snow removal, sanding, leaf removal, and similar work. Often includes reports, summaries and similar records. Information can include: date and time, area covered, broom down time and mileage, traveling time and mileage, operator's name, equipment used, amount of sand applied, amount of leaves removed, weather conditions, and related data. (SEE ALSO Activity Reports in this section.) Traffic Control Records documenting the location, Semipermanent Keep traffic Equipment type, use, maintenance and repair of signal records Inventory, traffic signals and signs in the city. two years Maintenance & May include inventories, reports, after Repair Records summaries, and similar records. equipment Information often includes: location, removed from type of signal/sign, timing intervals service. Keep for signals, date of purchase and all other installation, narrative of work records five CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE $ 8 OF 70 completed, equipment repaired or years. replaced, supplies used, personnel completing work, dates of activities, and related data. (SEE ALSO Activity Reports in this section. Traffic Research & Records documenting the study of Semipermanent Keep reports Accident Analysis traffic patterns, speed, direction, and and Records accidents in the city. Records may summaries 10 include various statistical data such as: years. Keep machine or manual traffic counts; all other information on vehicles, bicycles, and records five pedestrians; types of accidents; years. complicated intersections; bridges; pedestrians; city streets/state highwa s; and other factors. Truck Route Records documenting the designation Temporary 2 years after Records of truck routes for transporting goods superseded within and through the city. May include reports, maps, studies, and related documents. Subjects often include: hazardous materials, triple trailer trucks, log trucks, buses, and others. Discharge Records documenting the amount of Semipermanent Keep Monitoring pollution discharged from the city discharge Records wastewater treatment facility. May monitoring also include supporting reports 20 documentation. Information includes: years after date; period covered; NPDES permit permit number; discharge number; frequency expiration. of analysis; sample type; and average Keep all other and maximum quantities and records five concentrations of solids, ammonia, years, until chlorine, nitrogen, and other the end of the chemicals. NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. Equipment Records documenting the maintenance Semipermanent Keep five Maintenance & and calibration of equipment and years after Calibration instruments used to undertake and equipment Records monitor wastewater treatment removed from operations. Useful to verify service, until CITY OF MERTDTAN RECORDS RETENTION SCHEDULE PAGE 59 OF 70 equipment reliability and for reference the end of the by regulatory agencies. Information NPDES includes: date, type of equipment permit cycle, maintained or calibrated, tests or as performed, repairs needed, comments, requested by and related information. state or federal agencies, whichever is longer. Industrial Permits issued by the city to private Permanent In perpetuity Pretreatment industries allowing the discharge of Permits specific pollutants under controlled conditions. Records typically include: applications, permits, addenda, modifications, and related supporting documentation. Information typically includes: influent and effluent limits, chemical analysis data, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related information. Mobile Waste Records documenting the dumping of Semipermanent 5 years Hauler Dumping septic pumpings and other wastes Records from various sources at the city waste treatment facility. Records include logs, manifests, and similar documents. Information includes: name and signature of hauler, quantity of wastes dumped, location at which wastes were pumped, and related information. National Pollutant Records documenting the application Semipermanent 5 years Discharge for and issuance of a permit to the city 40 CFR 122.41 Elimination System under the NPDES program which (NPDES) Records allows discharge of specific pollutants under controlled conditions. Records typically include: applications, permits, addenda, modifications, and related supporting documentation. Information includes: influent and effluent limits, chemical analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data. (SEE ALSO Wastewater Inspection Records in this section.) Sewa a Slud e Agreements between the city and Semipermanent 6 years CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 60 OF 70 Application landowners related to the application Landowner of sewage sludge to approved sites. Agreements Records include signed agreements, exhibits, amendments, and related documents. Information typically includes: agreement number, date, conditions or terms, parties involved, eriod covered, and signatures. Sewage Sludge Logs documenting the agricultural Permanent In perpetuity Application Site application of sewage sludge to Logs approved sites. Subjects include agronomic loading calculations related to maximum applicafion of nitrogen in pounds per acre per year, and ultimate site life loading calculations tracking the amount of heavy metals applied. Sewage Sludge Plans submitted by the city to engage Permanent In perpetuity Management Plans in sludge disposal or application activity. Information includes: method of sludge removal, land application or disposal sites, sludge stability determination methods, projected sludge storage basin use, sludge analyses, application rates, and heavy metal limitations. Sewer & Storm Records documenting the maintenance Semipermanent Keep records Drainage and repair of city sewers and storm requiring Maintenance & drains. May include summaries, engineering Repair Records reports, and similar records usually stamps two compiled from daily work records on years after life a monthly or quarterly basis. of structure. Information often includes location, Keep other narrative of work completed, amount records five and type of material used, personnel years. completing work, dates of activities, authorization, and related information. (SEE ALSO Activity Reports and Sewer Television/Videoscan Inspection Records in this section.) Sewer Smoke Test Records documenting smoke tests Semipermanent 10 years Records undertaken to verify hookup to main sewer lines, check condition of pipes, or determine effectiveness of baclcflow prevention devices. Information typically includes: maps or diagrams of lines tested, location of leaks detected, inspector's name, pipe size, and related information. Sewer Television/ Reports documenting television Temporary 1 ear CITY OF MERR)TAN RECORDS RETENTION SCFIEDULE PAGE 61 OF 70 Videoscan inspections used to locate problems Inspection Records and defects in sewer lines. Often consists of periodic inspections df existing lines, final inspections of newly constructed lines, and inspections at the end of warranty periods. Records usually contain videotapes and written reports. Information typically includes: date, type of inspection, conditions found, repairs needed, distances from manholes, and related information. Strip & Circle Records documenting the continuous Temporary Keep 3 years Chart Records monitoring of various wastewater treatment operations. May include strip charts, circle charts, and similar monitoring records. Information typically pertains to pump flows, influent and effluent water flows; secondary total flow, influent pH, chlorine residue, and related sub'ects. Valve Maintenance Records documenting the location, Semipermanent Keep location Records specifications, maintenance, and repair and of valves in the city sewer system. specification May include lists, charts, drawings, records one reports, logs, and related records. year after Information often includes: valve valve location, identification number, run of removed from pipe, size, make, year installed, depth, service. Keep turns to open and normal position, all other narratives of valve maintenance and records five repair, tests run, personnel completing years. work, dates, and related information. Wastewater Records documenting the application Permanent Ixl perpetuity Facilities Permit for and issuance of a permit Records authorizing the city to construct and operate a disposal system with no discharge to navigable waters. Examples include: sewage lagoons, land application/reuse, septic tanks, and drain fields. Records often include: applications, permits, addenda, modifications, and related supporting documentation. Wastewater Grant Records relating to Idaho Department Semipermanent Keep three & Loan Records of Environmental Quality grants and years after loans for wastewater facilities, grant closure including: application form and or loan checklist, authorizing resolution, payoff. CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 62 OF 70 engineering contract checklist, certificate of negotiation, proof of professional liability insurance, . certification of financial and management capability, and other documents. Wastewater Records documenting inspections of Semipermanent 5 years Inspection Records city wastewater treatment operations to monitor compliance with National Pollution Discharge Elimination System (NPDES) permit conditions. May include reports and supporting documentation. Information typically includes: date, location, areas evaluated during inspection, sunvnary of findings, pre-treatment requirements review, sampling checklists, flow measurements, laboratory assurance checklists, and related information. Wastewater Records not listed elsewhere in this Semipermanent 5 years Treatment schedule which document wastewater Operations Records treatment operations. Created on a daily, monthly, and annual basis. Usually consists of reports, logs, log sheets, and related records. Backtlow Records documenfing test results on Temporary 3 years Prevention Device backflow prevention devices designed Test Records to protect the city water system from pollution related to substances backing into water lines. Information typically includes: date, type and size of device, serial number, location, test records, line pressure, name of tester, name and address of device owner, and related data. Cross Connection Records documenting the monitoring Semipermanent Keep one year Control Survey of potential or actual water system after Records health hazards from pollution entering disconnection water pipes from other pipes. Records or 10 years, may include: reports, surveys, whichever is checklists, and related documents. longer. Information often includes: address, contact person, business name, date, inspector, type of facility, description of protection, comments, corrections made, and other information. Consumer Records documenting the presence of Semipermanent 5 years Confidence Re orts any contaminants identified by the city 40 CFR CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 63 OF 70 in city water over the course of a year. 141.155 Reports are mailed to city residences and businesses receiving city water. Disinfection Records relating to disinfection Permanent In perpetuity Profiling & profiling and benchmarking for 40 CFR Benchmarking Giardia lamblia or virus inactivation. 141.571 Records Drinking Water Records relating to Idaho Department Semipermanent Keep three Grant & Loan of Environmental Quality grants and years after Records loans for water facilities, including: grant closure application form and checklist, or loan authorizing resolution, engineering payoff. contract checklist, certificate of negotiation, proof of professional liability insurance, cerkification of financial and management capability, and other documents. Equipment Records documenting the maintenance Semipermanent Keep until Maintenance & and calibration of equipment and equipment Calibration instruments used to monitor water removed from Records treatment operations. Useful in service. verifying reliability and for reference by regulatory agencies. May include logs, reports, and related records. Information typically includes: date, type of equipment maintained or calibrated, tests conducted, repairs needed, comments, and related information. Flouride Analysis Daily records of flow and amounts of Semipermanent 5 years Records fluoride, and weekly analyses of IDAPA fluoride in finished water. 58.01.08.552.06 Free Chlorine Analyses made at least daily for free Temporary 1 year Residual Analysis chlorine residual for systems using IDAPA Records ground water that add chlorine for 58.01.08.552.05 disinfection. Hydrant Records Records documenting the location, Semipermanent Keep location specifications, maintenance, testing, and and repair of water hydrants in the city specification water system. May include lists, records until charts, logs, reports, and related hydrant records. Information typically permanently includes: location, make, description removed from (main size, valve size, flow capacity, service. Keep etc.), maintenance and repair all other narratives, dates, authorizations, and records five related information. years. Lead & Copper Records docurenting treatment Semipermanent 12 years Control Records tri ered by lead and copper action 40 CFR 141.91 CITY OF MERR)TAN RECORDS RETENTION SCAEDULE PAGE 64 OF 70 levels measured in samples collected at consumers' taps, including corrosion control treatment, source water treatment, lead service line replacement, public education and supplemental monitoring. Non-Compliance Records documenting action taken by Temporary 3 years after Corrective Action the city to correct violations of 40 CFR 141.33 the last action Records primary drinking water regulations. taken with May include reports, logs, and related respect to the records. particular violation Sanitary Survey Records documenting surveys Semipermanent 10 years Records examining the overall sanitary 40 CFR 141.33 condition of the city water system. Maybe conducted by the city, private consultants, or state/federal agencies. Records may include written reports, surmnaries, and related documents. Secondary Reports documenting the analysis of Semipermanent 10 years Contaminant water samples to determine the level Reports of secondary contaminants. Secondary contaminants are those which, at levels generally found in drinking water, do not present a health risk but may affect taste, odor, and color of water, as well as stain plumbing fixtures and interfere with water treatment processes. Information typically includes: date, report number, analyst, time of sample collection, contaminant levels, and related information. Strip & Circle Records documenting the continuous Temporary 3 years Chart Records monitoring of various water treatment operations. May include strip charts, circle charts, and similar monitoring records. Information often pertains to reservoir levels, pump flows, distribution line pressure, and related subjects. Variance & Records documenting variances and Semipermanent 5 years after Exception Records exceptions granted to the city by 40 CFR 141.33 expiration of regulatory agencies concerning water the variance/ treatment operations. Information exception typically includes: date, conditions of variance or exception, expiration date, and related information. Valve Maintenance Records documenting the location, Semipermanent Kee location CITY OP MERIDIAN RECORDS RETENTION SCHEDULE PAGE 65 OF 70 Records specifications, maintenance, and repair and of valves in the city water system. specification May include lists, charts, drawings, records one reports, logs, and related records. year after Information typically includes: valve valve location, identification number, run of removed from pipe, size, make, year installed, depth, service. Keep turns to open and normal position, all other narratives of valve maintenance and records five repair, tests run, personnel completing years. work, dates, and related information. Water Reports documenting water samples Semipermanent 5 years Bacteriological taken from various locations 40 CFR 141.33 Quality Analysis throughout the city water system and Reports supply sources for bacteriological tests. Information includes: location, collection date, person taking samples, sample type, analysis date, laboratory name, person performing analysis, analytical method used, and the results of the analysis. Water Chemical & Records documenting water samples Semipermanent 10 years Radiological taken from various locations 40 CFR 141.33 Analysis Reports throughout the city water system. and supply sources for chemical and radiological tests. Information includes: location, collection date, person collecfing sample, sample type, analysis date, laboratory name, person conducting analysis, analytical method used, and results of the anal sis. Water Reports documenting statistics of Permanent 10 years Consumption daily, monthly and annual water Reports consumption. Useful for prediction of future flows and peak demands. Information may include water consumption in millions of gallons and cubic feet from treatment plants, springs, artesian wells, pumped wells, and reservoirs. Water Line Records documenting the maintenance Semipermanent Keep records Maintenance & and repair of city-owned water lines. requiring an Repair Records May include reports, summaries, and engineering similar documents usually compiled stamp two from daily work records on a monthly years after or quarterly basis. Information often water line includes: location, narrative of work permanently completed, amount and type of removed from materials used, personnel completing service. Keep CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 66 OF 70 work, dates of activities, authorization, other records and related data. (SEE ALSO Valve five years. Maintenance Records, Hydrant Records, and Activity Reports in this section.) Water Quality Records documenting complaints Temporary 3 years after Complaint Records received from the public about the last action quality of city water. Information typically includes: name, address, and phone number of complainant; nature of complaint; location; description of water; name of person responding to complaint; narrative of investigation; and resolution. Water Treatment Records not listed elsewhere in this Semipermanent 5 years Operations Records schedule, which document water treatment operations, created on a daily, monthly, or annual basis. Records may include state or federal required reports. May consist of reports, logs, log sheets, and related records. Subjects may include: amount and types of chemicals used, filter rates, etc. Water Turbidity Reports documenting the analysis of Semipermanent 3 years Reports water samples to determine the level 40 CFR of cloudiness caused by suspended 141.175 particles. Information typically includes: date, report number, analyst, time of sample collection, turbidity unit values for routine and check samples, and related information. CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 67 OF 70 RISK MANAGEMENT August 2007 RECORD DESCRIPTION CATEGORY RETENTION PERIOD City Vehicle Records documenting accidents Temporary 3 years Accident Records involving city vehicles, including: name and address of parties involved, date and time, complaint, description of damage, photographs, correspondence, etc. (SEE ALSO Liability Claims Records in this section.) Contractor Letters or certificates of coverage Semipermanent For city Liability Insurance provided by insurance companies public works Verification declaring that specific contractors are projects keep Records covered by appropriate liability 10 years after insurance. Records include: insurance substantial company name and address, issue completion. date, expiration date, amount and type Keep all other of coverage, special provisions, records six signature of insurance company years after representative, etc. expiration. Contractor Records documenting the posting of Semipermanent For city Performance Bond performance guarantees or surety public works Records bonds by contractors performing work projects keep for the city, including letters, 10 years after certificates, copies of bonds, etc. substantial Information usually includes: name of completion. individual or company covered, Keep all other amount of coverage, effective dates, records six name of bonding agent, authorized years after si natures, etc. expiration. Insurance Policy Records documenting the terms and Permanent Keep group Records conditions of city insurance policies employee covering liability, property, group health and employee health and life, motor life, property vehicle, workers' compensation,.etc. and liability Records usually include: policies, insurance endorsements, rate change notices, policies agent of record, and related permanently. documents. Liability Claims Records documenting various types of Semipermanent Keep 10 years Records liability claims filed against the city, after case including: personal injury, property closed or damage, motor vehicle accident, false dismissed. arrest, etc. Records often include: reports, photographs, summaries; reviews, notices, audio and videotapes, transcripts of recorded CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 68 OF 70 statements, correspondence and related documents. Liability Waiver Document the release of the city from Semipermanent 6 years Records liability related to various activities, including: police/fire ride-alongs, rekindling fires, participating in city- sponsoredrecreational events or classes, eta Information usually includes: release terms, date, signatures, and related information. Property Damage Records, photographs, and other Temporary 3 years Records records documenting damage to city property such as signs, trees, picnic tables, buildings, fountains, and fences. Information often includes: type and location of property damaged, description of damage, date and fime of damage (if known), name and address of individual causing the damage (if known), value of damage, billing costs, etc. (SEE ALSO Liability Claims Records in this section.) Public Injury Records documenting injuries Temporary 3 years Reports sustained by non-employees on city property (i.e. parks, swimming pools, libraries, etc.). Information usually includes: date, time, and location; description of injury; name, address, phone number, sex and age; witnesses and other related information. (SEE ALSO Liability Claims Records in this section.) Risk Survey & Records documenting surveys, Semipermanent 5 years Inspection Records inspections, and other actions designed to identify potential hazards and liabilities to the city related to buildings, parks, playgrounds, swimming pools, etc. Useful for preventing liability claims and for illustrating a pattern of responsible action regarding hazards. Records may include: survey summaries and reports, safety audit and inspection reports, correspondence, etc. Safety Program Records documenting the city's Semipermanent 10 years Records program to promote a safe work environment for its employees. Records may include: safety policies, CITY OF MERIDIAN RECORDS RETENTION SCHEDULE PAGE 69 OF 70 plans and procedures, workplace safety committee records, reports on inspections conducted by the safety officer, evacuation rosters and reports, and related documentation and corres ondence. Workers' Records documenfing the processing Semipermanent 5 years after Compensation of individual employee claims of job Idaho Code claim closed Claim Records related injuries or illnesses, but not section 72-601 or final action those describing actual medical conditions. Records may include: claim disposition notices, claim reporting and status forms, injury reports, determination orders, insurance premium data, hearing requests, safety citations, inspection reports, medical status updates and reports, invesfigation reports, reimbursement and payment records, and related correspondence and documentation. (SEE ALSO Employee Medical Records in the Personnel Records section for retention of records describing injuries and illnesses). CITY OF MERR)IAN RECORDS RETENTION SCI-IEDULE PAGE 70 OP 70 Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Community Award Presented to Harvest Church and Paradigm Wealth Services Inc. for Assistance During a Police Standoff MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 24, 2012 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 STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: $A PROJECT NUMBER: MFP 11-003 ITEM TITLE: Jayker Common Drives MFP 1 1-003 Jayker Common Drives by Spurwing Greens, LLC Located North of Chinden Boulevard, East of N. Jayker Way and West of N. Spurwing Way Request: Final Plat Modification to Remove Lot 18, Block 1 1 as a Common Lot and Include the Area as Part of the Adjacent Buildable Lot MEETING NOTES Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFF/CE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meefing DATE: January 24 2012 ITEM NUMBER: $B PROJECT NUMBER: VAC 11-003 ITEM TITLE: Javker Common Drives Public Hearing: VAC 11-003 Jayker Common Drives by Spurwing Greens, LLC Located at North of Chinden Boulevard, East of N. Jayker Way and West of N. Spurwing Way Request: Vacate the Following: 1) An Emergency Vehicle Access Depicted on Lots 1 and 7, Block 1; 2) Remove the Common Drive Easements on Lots 6, 7, 8, 9, 16 and 17, Block 1 1; AND 3) Modify Plat Note #16 Removing Common Lot 18, Blick 11, Platted with Jayker Subdivision No. 1 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: $C PROJECT NUMBER: PFP 11-003 ITEM TITLE: Optometrist Sub Public Hearing: PFP 1 1-003 Optometrist Subdivision by McElroy Investments, LLC Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Combined Preliminary and Final Plat Consisting of 2 Building Lots on 1.06 Acres of Land in a C-C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: $D PROJECT NUMBER: MDA 11 ITEM TITLE: Meridian Town Center Public Hearing: MDA 11-012 Meridian Town Center by Meridian CenterCal, LLC Located Northeast Corner of N. Eagle Road and E. Fairview Avenue Request: Modification to the Development Agreement to Include Limitations on Certificates of Occupancy that are Tied to Phasing of Development and Requirement to Comply with ITD's Project Specific Comments MEETING NOTES ~~ Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: $E PROJECT NUMBER: RZ 11-005 ITEM TITLE: Genesis Center Public Hearing: RZ 1 1-005 Genesis Center by Sharon Sharp Located at 1535 W. Franklin Road Request: Rezone of 1.59 Acres of Land from the C-N Zoning District to the C-C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: PROJECT NUMBER: AZ 11-005 ITEM TITLE: Spurwing Challenge Public Hearing: AZ 11-005 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Annexation of 30 Acres of Land with an R-8 Zoning District MEETING NOTES 11 ~~~~af t' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E•MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE• January 24, 2012 ITEM NUMBER: $G PROJECT NUMBER: RZ 11-006 ITEM TITLE: Spurwing Challenge Public Hearing: RZ 11-006 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Rezone of 51.61 Acres of Land from R-4 (Medium Low-Density Residential) and TN-C (Traditional Neighborhood Commercial) to R-8 (Medium-Density Residential) (46.97 Acres) and C-C (Community Business) (4.64 Acres) Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: 8H PROJECT NUMBER: PP 11-0 ITEM TITLE: Spurwing Challenge Public Hearing: PP 1 1-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Preliminary Plat Approval of 23 Residential Lots and 3 Common Lots on 61.19 Acres in a Proposed R- 8Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: $I PROJECT NUMBER: CUP 11-009 ITEM TITLE: Spurwing Challenge Public Hearing: CUP 1 1-009 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Conditional Use Permit Approval for an Outdoor Recreation Facility in a Proposed R-8 Zoning District MEETING NOTES ~~~~`~ Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE• January 24 2012 ITEM NUMBER: $J PROJECT NUMBER: VAR 11-00 ITEM TITLE: Spurwing Challenge Public Hearing: VAR 1 1-003 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Variance to UDC 1 1-6C-3F to Exceed the Maximum Block Length Allowed in a Residential District AND Allow the Existing Spurwing Subdivision Entrance to Remain Open as a Right-In/Right- Out Access Point to State Highway 20/26 MEETING NOTES ,n~~ VY' _ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 24 2012 ITEM NUMBER: $K PROJECT NUMBER: MDA 11-011 ITEM TITLE: Spurwing Challenge Public Hearing: MDA 1 1-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Amend the Recorded Development Agreement (Inst. # 106122365) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include a New Project Boundary and Concept Plan for the Proposed Spurwing Challenge Subdivision MEETING NOTES Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 24 2012 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Public Works -Budget Amendment to Fill the Public Works Inspector III Position for aNot- to-Exceed Amount of $98,628.00 MEETING NOTES ~naY~ 1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN P'L1bi1C ~ D A H~ Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Max Jensen, Capital Projects Manager DATE: 1/10/2012 Mayor Tammy de Weerd Ciiy Cooneil Meroberd Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT TO FILL THE PUBLIC WORKS INSPECTOR III POSITION I. RECOMMENDED ACTION A. Move to: 1. Approve the Budget Amendment to add a Public Works Inspector III position (a Full-Time Employee position). II. DEPARTMENT CONTACT PERSONS Joel Meusch, Chief Inspector 489-0348 Max Jensen, Capital Projects Manager 489-0374 Richard Dees, Deputy Director of Public Works 489-0351 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Back round The Public Works Department operated with four (4) inspectors unti12010 when the Inspector III position and associated budget were eliminated due to the downturn of the economy. The advanced project inspections at the Wastewater Treatment Facility have been conducted by the Chief Inspector and by consultants since the elimination of the position. The Wastewater Treatment Facility and Well house expansions budgeted through FY 2017 forecast a consistent need to rehire a Public Works Inspector III to perform the advanced inspections on these projects. By rehiring the Inspector III, we will be staffed Page 1 of 4 with four (4) Public Works Inspectors, as in the past, and will have the ability to provide the level of inspections required. With our current number of inspection staff, we are no longer able to meet our base load inspection requirements needed to provide the level of customer service and construction inspections required. We are requesting approval to rehire afull-time employee to provide the level of needed customer service and inspections to verify reliable infrastructure construction. B. Proposed Project Public Works staff respectfully requests Council approval of a Full-Time Employee (Public Works Inspector III) for the Public Works Department immediately to provide project inspections on current and future construction projects. Currently, the available staff time for construction inspections of Private Development and City infrastructure (excluding Wastewater Treatment Facility projects) is 1 hour per project. The inspectors need a minimum of 1.5 hours per project for proper inspection and documentation time. Additionally, there are currently three (3) Wastewater Treatment Facility projects under construction simultaneously. Currently, we are unable to provide in-house construction inspections for these projects. Therefore, the required inspections had to be outsourced at a total cost of $75,000 for the 100-day construction schedule. Every year through fiscal year 2017, there are five (5) construction projects at the Wastewater Treatment Facility and one (1) well house building expansion projects. These projects will require construction inspections that we currently do not have the in-house staff time to provide. If we continue to outsource the construction inspections for the projects at the Wastewater Treatment Facility and the well house expansion, it would cost approximately $150,000 each year with a total cost of approximate $900,000 through fiscal year 2017. By hiring a Public Works Inspector III, we would have the staff level necessary to provide inspections for the Wastewater Treatment Facility projects, well house expansions projects, and assist in other Private Development and City project inspections at a lower cost and improve internal and external customer service. The projects at the Wastewater Treatment Facility are complex and require a greater level of experience and knowledge. For this reason we are requesting to hire a level III Inspector. We believe that adding an in-house staff member (compared to outsourcing) will result in a more consistent level of performance at a lower cost. IV. IMPACT A. Strate~c Impact: This activity aligns with our Department's vision of being responsive to our customers' needs, providing reliable facilities, and being good financial stewards. This additional full-time employee would benefit the City and the citizens by providing more customer service and construction inspections for Page 2 of 4 reliable facilities. Also, as demonstrated, hiring a FTE will save the City $78,000 annually over outsourcing. B. Service/Deliver~pact: By hiring afull-time employee (Public Works Inspector III) we will be able to provide the level of inspections required, increase our ability to provide a higher level of customer service, and remain good fmancial stewards by hiring afull- time employee at a lower cost than outsourcing the service. C. Fiscal Impact: Costs Personnel Costs (ongoing) $71,814 Operating Expenditures (ongoing) $860 Capital Outlay (one time) $25.954 Total $98,628 Project Funding Enterprise Fund $98,628 Note: Values associated with wages have been provided by HR and reflect the mid point of the salary range. V. ALTERNATIVES A. The City could choose to not approve filling the Public Works Inspector III position and alternately outsource the shortfall of inspection hours each year. Hiring a full-time Public Works Inppector III will only cost the City approximately $432,000 over the same time period. Outsourcing inspections through the 2017 budget year is estimated to cost $900,000. VI. TIME CONSTRAINTS The shortfall of inspection time available, with our current staffmg level, has led us to recently outsource three (3) Wastewater Treatment Facility projects currently under construction. There are four (4) more Wastewater Treatment Facility projects to be constructed this year that we do not have the staff level necessary to provide inspections. We currently do not have the staff level to provide the level of inspections required for the current and projected Private Development and City capital projects. Council's approval of the Full-Time Employee (Public Works Inspector III) is critical to meet the level of inspections and customer services required for today and in the future. Upon Council's approval, we will proceed swiftly to fill the Public Works Inspector III position to be responsive to our customers' needs before this year's construction season begins. Page 3 of 4 Approved for Council Agenda: ~ia~/ ~ ~ 20/ ~ Date' Page 4 of 4 Todd Lavoie From: Max Jensen Sent: Thursday, January 19, 2012 1:45 PM To: Todd Lavoie Cc: Tom Barry; John McCormick Subject: RE: Public Works Inspector 3 Todd Thank you for your review of the amendment and your questions. Please see my answers provided in your email below. If you have any more questions, please feel free to contact me. Thank you Max 5. Jensen Capital Projects Manager City of Meridian 33. E. Broadway Ave, Ste 200 Meridian, ID 83642 Phone: (208)898-5500 Fax: (208)898-9551 Email: ~ensen(dmeridiancity orb From: Todd Lavoie Sent: Thursday, January 19, 2012 11:22 AM To: Max Jensen; John McCormick Cc: Tom Barry Subject: Public Works Inspector 3 Importance: High Hello Max, I just received your amendment for review and have a few questions and concerns about it. 1. I noticed you are asking for a new Truck but you did not include any Vehicle Maintenance, Vehicle Repair, Vehicle Fuel for this item. I do believe it would be a good idea to do so. Our current budget will cover these expenses through FY2012. These expenses will be addressed for FY2013. 2. Does the new Truck budget of $22,800 include costs for the new safety equipment and light bars that Tom requested for his current fleet this year? No, there is not a duplicate request. 3. I noticed you are asking for a new Employee and you did not include any membership/license amounts. Will this employee not need to be associated with any inspector or public works associations? No, not for FY2012. If needed in the future we will budget accordingly. 4. Also, I noticed with the new Employee you did not ask for any ongoing training expenses. Will this employee need any training budget dollars? If there will training in FY2012 it will be covered by our current budget. 5. Will this employee need a new cubicle or desk given the recent office moves? We have a vacant office for the position so there is not a need for a new cubicle. The desk is covered in line 2 of the Capital Outlay section of the amendment form. 6. This new employee will need to have money allocated for the annual City Picnic, Incentive Awards and Team Events. I will get these added to the form. Thank you for adding this to the form. Thanks for your reply as we want to make sure we ask for everything we need the first time. Todd Lavoie Accounting Manager City of Meridian 205.888.4433 < W o ~~~ N ~j ~ ~+ .~~' G N N a ~. 5' F s ~ ~ ~ g~~ N ~.~~o~~a3 j~ ~ D ~,.~~~~~ ~ ~o ~-~~~~µ~ s~~o~~ ~~ a~ ~~ p¢ ro m ~~ ~sC ~g'S~~~a ~,~~ S.A~F d ~ Po v hl "-I -^ o. g~as~~~~~~~ '~~ ~c~~m} ~~ ~no93 ~.a~~~o~~~~~s ~W N ~~~ V try rY'~'Q ()N YyS ~ {{p~ {ap Cj '~^p ~G `G (~Qp v elf' 9 ~ ~ ~ C ~~pp ~p 'p -n N >S og 6 0 ~ ~ ~, O ~ J ~ D 91 Li a8 ,~, . ~ ~. fD 7 y '~ -~ O ~ O ft'i f2~~, N N gyp' ~n ~' S•ag6~'~ ~~ cod ~~~~~~iBdfD~'c~ w,a~m~~~~ ~} l~N~~`.4 o.~'p ,~°°~ ~~~ F ~ ¢$~c M ~~ ~.a~ ~~Enm ~. ~~~9~~~~~~~~'b ~g~.~~~~:~~~~ ~~~ ~ ~°~ da~~~~.~Q~~~' a ~_~~~~~ -, MyI V~ z ~a i.- ~ ~ ~ ~ ~~ n _n D o' p a ~' _ ~ 'a 3 <.~ ~~ p O cv~ mc~ y~m r JD Z ~~,~Y•, to I m d lD 9 y~~ A Y~' [~ OZ IICI ^ 2 s, T c y ~. 0 n b~ v ~j N O Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. ~ 01-' 0 33 A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Mary Jensen to Seat 2 of the Meridian Arts Commission and Dwight Williams to Seat 3 of the Meridian Arts Commission MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. ~ a~ 8 3 3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING MARY JENSEN TO SEAT 2 OF THE MERIDIAN ARTS COMMISSION; REAPPOINTING DWIGHT WILLIAMS TO SEAT 3 OF THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 24, 2009 by Resolution no. 09-652, Mayor De Weerd designated Mary Jensen to fill Seat 2, the initial term of which was to be three years per the Commission Bylaws, i.e. from February 27, 2009 through February 26, 2012; WHEREAS, on February 24, 2009 by Resolution no. 09-652, Mayor De Weerd designated Dwight Williams to fill Seat 3, the initial term of which was to be three years per the Commission Bylaws, i.e. from February 27, 2009 through February 26, 2012; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective February 27, 2012, Mary Jensen shall be reappointed to Seat 2 of the Meridian Arts Commission, which term shall run from February 27, 2012 through February 26, 2015, pursuant to Meridian City Code Section 2-5, 3 (C). Section 2. That, effective February 27, 2012, Dwight Williams shall be reappointed to Seat 3 of the Meridian Arts Commission, which term shall run from February 27, 2012 through February 26, 2015, pursuant to Meridian City Code Section 2-5-3 (C). 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 ~ day of January, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this Z~y of January, 2012. ATTEST: By: Clerk APPROVED: - ~~ O¢pgBDgUCO ayor my de Weerd o~ ~? s` '°¢, _ ~ „City of SEAL °~ ~e, rases°" RESOLUTION R1iA1'POINTING FOR WILLIAMS AND JE ERIDIAN ARTS COMMISSION PAGE 1 OF 1 Meridian City Council Meeting DATE: Janua 24, 2012 ITEM NUMBER; 9C PROJECT NUMBER: ITEM TITLE: Parks and Recreation: Amendments to Pathways Master Plan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting TE 24, 2012 PROJECT NUMBER: ITCM TITI F~ Parks and Recreation: Resolution No. ~ a" ~ ~3~ :Amendment to the Pathways Master Plan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes !:l F_RKS OFFICE FINAL ACTION DATE: E•MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ITEM NUMBER: CITY OF MERIDIAN RESOLUTION NO. Ia' ~3`I BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, AMENDING THE PATHWAYS MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-2-2(C)(11) charges the Meridian Parks and Recreation Commission with reviewing and commenting on the City's comprehensive plan as it relates to parks and recreation, and the Meridian comprehensive plan includes, by reference, the Pathways Master Plan; WHEREAS, City staff from both the Planning Deparhnent and the Parks and Recreation Department reviewed and analyzed the Pathways Master Plan, compared the information contained therein to on-the-ground conditions, determined that the Pathways Master Plan contains some outdated and/or inaccurate information, and proposed amendments to the Pathways Master Plan; WHEREAS, on January 11, 2012, by resolution, the Parks and Recreation Commission directed the Parks and Recreation Director to request that the City of Meridian City Council implement the amendments to the Pathways Master Plan as set forth in the staff report, attached to the Commission's resolution as Attachment 1 thereto; and WHEREAS, the Mayor and City Council find that it is in the best interest of the health, safety, and welfare of the people of Meridian to implement such amendments to the Pathways Master Plan; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the amendments to the Pathways Master Plan as set forth inAttachment 1 to the Commission's January 11, 2012 resolution, attached hereto as Exhibit A, are hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. 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 ~'7 day of ~•.•„~= ,2012. APPROVED by the Mayor of the City of Meridian, Idaho, 2012. APPROVED: ~D~pTHDA ATTEST: 3~D By: ~UAMG Jaycee olman, City Clerk '°~ gF.Ai. py T~ V~ BO~Ide R9F\4~®~ this Z`i day of de Weerd RF,SOt,iJT10N AT)OPTTN(; PATHWAYS MASTER Pi.AN AMF,NDMF,NTS Paee 1 oft EXHIBIT A Resolution of the Parks & Recreation Commission RF.SOT,TJTTON AT)nPTTNC; PATHWAYS MASTF,R PT,AN AMF,NDMF.NTS Paee 2 of 2 ~~E IDIAN~-- ~~~Nn PARKS AND RECREATION COMMISSION A RESOLUTION OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, RECOMMENDING THAT THE PATHWAYS MASTER PLAN BE AMENDED. WHEREAS, Meridian City Code section 2-2-2(C)(11) charges the Commission with reviewing and commenting on the City's comprehensive plan as it relates to parks and recreation, and the Meridian comprehensive plan includes the Pathways Master Plan; and WHEREAS, the Parks and Recreation Department and Commission have reviewed and analyzed the Pathways Master Plan, comparing the information contained therein to on-the- ground conditions, and determined that the revisions incorporated herein as Attachment I are necessary to improve the Pathways Master Plan and future network; and WHEREAS, the Commission finds that providing opportunities for safe, fun, interconnected, and convenient foot and bicycle travel is in the best interest of the health, safety, and welfare of the people of Meridian; NOW, THEREFORE, BE IT RESOLVED BY THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, H)AHO: Section 1. That the Parks and Recreation Director shall request that the Meridian City Council adopt the amendments to the Pathways Master Plan as set forth in the update incorporated herein as Attachment 1. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Parks. and Recreation Commission of the City of Meridian, Idaho, this I~day of January, 2012. APPROVED: l~ ~v Phillip Liddell, Pre ' ent Parks and Recreation Commission RESOLUTION OF PARKS RC REC. COMMISSION-AMEND PATHWAYS MASTER PLAN PAGE I OF I ATTACHMENT 1 2012 Meridian Pathways Master Plan Amendment Page 1 of 5 UPDATE Proposed Pathways Master Plan Amendment January 11, 2012 The Parks & Recreation Commission recommends the following changes to the Meridian Pathways Master Plan for consideration by the Mayor and City Council. Pathway Network Maa Amendments A. Heroes Park East-side Pathway Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 2, to incorporate a 10 foot wide multi-use pathway completing the park's perimeter pathway. The pathway project was competed in 2011. B. Bridgetower to Sawtooth MS Alternative Route Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 3, to incorporate an alternative route away from the Nourse-Letup IateraUWhite Drain. This alternative alignment location will allow the City to work with future development opportunities for provision of the pathway without bisecting the property. C. Five Mile Creek Pathway, Segment E Alignment Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 4, to revise the route across ACHD's drainage facility. The current map indicates the pathway bypassing the facility on the north. Amore direct route is warranted as an easement has been granted for the purpose. D. Bud Porter -South Slough Connection Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 5, to incorporate a future pathway connection between the Bud Porter pathway north to the existing South Slough pathway. Further, revise the map on 4-3 to reflect the construction of a pathway through 8"' Street Park completed in 2010. E. Jackson Drain Connection Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 6, to incorporate the segments constructed in 2011. F. Zebulon Heights Pathway Alignment Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 7, to match the alignment with the final platting of Zebulon Heights. G. Downey Sub-lateral On Street Connection Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 8, to designate an on-street connection between the terminus of the existing unpaved pathway and Locust Grove. H. Five Mile Creek, Segment H Alternative Routes Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 9, to incorporate alternative routes north between Badley and Fairview Avenues. The alternative alignments will allow the City to pursue optional routes to complete the connection. I. Diane & Winston Moore Pathway Alignment Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 10, to match the alignment dedicated as the Diane & Winston Moore pathway in 2011. 2012 Meridian Pathways Master Plan Amendment Page 2 of 5 J. Ten Mile Drain Alignment Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 11, to correct the location of an existing paved pathway stub on the south side of the drain. Previously, the pathway was indicated on the north side. K. Tuscany -Ten Mile Creek Alignment Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 12, to incorporate a proposed connection to Locust Grove Road without crossing the creek. The pathway alignment reflects a future city project on the property to the west of Tuscany. L. Bear Creek Subdivision -Overland Road Alignment Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 13, to incorporate pathway connections provided via an approved development. This alignment will provide a connection between Alaska Street and Overland Road. Secondly, the walkway adjacent to Stoddard Street will be extended between the north boundary of Bear Creek Subdivision and Overland Road. M. Ten Mile Creek - I84 Pedestrian Overpass Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 14, to incorporate a pedestrian crossing over the interstate west of the Meridian Road Overpass. N. Pipeline Pathway -Ten Mile Crossing Alignment Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 15, to follow the pipeline easement and match the alignment with the platting of Ten Mile Crossing development. O. Rail With Trail (RWT) Alternative Route Revise the map on 4-3 (Meridian Pathways Network Map), as reflected on Exhibit 16, to incorporate an alternative route north of and outside the railroad right of way. This alternative alignment location will allow the City to work with future development opportunities for provision of the pathway. Pathwavs Master Plan text amendments A. Revise the Bear Creek Connection, segment B description on page 4-11 as follows: The pathway continues north out of Bear CreekPark with an interim on-street route shown and along-terne separated pathway shown. The pathway continues north along S. p -;:g«., Stoddard Rd u. ~.~c.. ':::a.; ....;.?:c».,..,,.~ .,. tl.c gyn..,. :a a a ~ - to Overland Rd. The interim on-street route utilizes the micropaths within the Bear Creek neighborhood to direct pathway users north and through the residential development. Both roeetes eventually connect with Overland at signalized intersections and tie into a potential overcrossing ofI-84, as well as the Ten Mile Creek Pathway. B. Revise the Five Mile Creek Pathway, segment II description on page 4-21 as follows: From Fairniew three t3) alternative routes are identified in order to reach Five Mile Creek. The preferred aathwav alignment tke~athway bends south opposite Lakes Ave adjacent to the auto lot. At the rear of the parcel the pathway jogs west °--a '~~-. to pick up Five Mile G~eek. The second alternative route heads west adiacent to Fairview aunroximately 400 feel turning south to nick un Five Mile Creek. The third alternative alignment heads west adiacent to Fairview until reaching Fivemile 2012 Meridian Pathways Master Plan Amendment Page 3 of 5 Creek, then turning south paralleling the creek. Multiple pathwav easements will be required depending on the ultimate pathwav route. epee-Eegcri~a-aztd The pathwav then parallels the creek oaa the east side through the Sterling Creek homeowners association common area. This portion of the pathway will require an easement from Sterling CreekHOA. The pathway continues south through the Danbury Fair HOA common area, where an easement will also be required. Upon reaching Pine, the pathwav parallels the roadwav east to a pedestrian crossing near where the creek crosses the roadwav. After crossing Pine, the pathway is on the west side of the creek heading south towards the railroad line. After crossing the railroad line, the pathway reverts again to the east side of the creek and intersects Locust Grove @ Franklin. C. Revise the Nourse/Lemp Pathway, segment C description on page 4-31 as follows The pathway is aaa asphalt maintenance/access road through Bridgetower Szbdivision. The pathway then picks up the lateral once again after leaving Bridgetower and follows the lateral along the southern edge zmtil reaching Linder, where it crosses the road mid- boundary of Watersong Estates Subdivision. The pathwav follows the sewer maintenance access roadwav until reaching Linder, where it crosses the road mid- block. D. Revise the Treasure Valley Rail-with-Trail, segment A-G descriptions on page 4-49 as follows: Add the following sentence to each segment description. All existing text will remain. An alternative route is located north of and adjacent to the railroad right of way. 2012 Meridian Pathways Master Plan Amendment Page 4 of 5 Pathways Master Plan graphic amendments A. Revise Figure 3-2. Asphalt Pathway Cross Section Detail on page 3-3 as follows: 2' 2' CLEAR WIDTH VARIES CLEAR ~ ~~ UNDISTURBED EARTH Figure 3-2. Asphalt Pathway Cross-Section Detail 2012 Meridian Pathways Master Plan Amendment Page 5 of 5 EXHIBIT 1 ~ana1 -~~. r - ~:~ .,~- j O 0! w 0 U EL ~M Legend Pakhways Other ---• Alternative Route ~~~ Meridian Impact Area Existing Pathway ~ Park •- Long-Term Route ~~ Future Transit Station On Street Route ~~ o~...,..~od o~r~,..,~.. 1 m" 3 R~enb F,.(ll 1 ~~. SP ~y ,~. :.~ z ~' ~ Amended Pathway Segments January 2012 D 0.5 1 2 Mlles 1212011 JAG IN `i~G --~~~- -...., \mm TANGO CREE w U `~~ O 1~--'"" r0 w J 6 ~ a ~ m \ o~ ~; w . ___.....___._..._ ~' ~ i ....-..... _. ........_~ Losr ,......_._._ RAPIDS _. _...- Y \~ .. w ~ ~ __--. . - w.._,~-,. ~ U{ u~ i i 1 Ji - 1 wOL FRAP a ~pS Heroes I I ~ HUNGRY CREEK, ! r--..__-.__.__.____. of a Qq 1 Park i ~ 4: ~ z ~ T ._ u°1 ` LADLE RAPIDS __~~_____-.._____ ..........................__._ ~~c _... ti O \ FS I m I Y ,_ 1; Z ~ N ..._ ................ _..- ~ I RAVENNA __ ~ ~ U O J' ROOT CRE€K ~~. , ._......____...._..,~ RAVENNA ~..__ _- ~ al ~ I m ROOT CREEK WI _ _.-. __.. ____ _...__ ~-_ x W ~ ~ I ~ ~i tjJ ~ N , aryl,, ~~' Q. O~ i ~ U aCEDAR GROVE ~ ......__ .. -..__._._ _.._~ } ~~ ~ w ~~ O ~ I p 3 W U~ i Q ~ j 0.' ° H I ¢ ~ DITCH CREEK - I '; ~ () ~ J DIVIDE CREEK . p ~ ~ \.-.-. ...~i _ _ I DIVIDE CREEK . I ...._....._-.. /, WAPOOT ) r WAPOOT _ _~. Heroes Park East-side Pathway Revise the map on 4-3 (Meridian Pathways Network Map), to incorporate a 10 foot wide multi-use pathway completing the park's perimeter pathway. The pathway project was competed in 2011. Feet 0 165330 660 990 1,320 Legend -•-•-•• Alternative Route Existing Pathway -•-•- Long-Term Route On Street Route Proposed Pathway - Park EXHIBIT 2 2012 Meridian Pathways Master Plan Amendment ~ ~~- - BRIDGBTOWER C~ROSS'ING NO 08 i ~rp ~'~ ~ -- ~ ~ ~-------"~ • ••'••., ~.,( ~,.....~~~,..+'~ BRIIDCTTOWER CROSSINGINO II' •••••••••••••••••: r•• ..... J I . TORANA __...,\ •'; ; •: •• ~ . ;__TANERO._~, .___... ~ ~ _ LORETTA -_ ~~ _- ~ ~~..._.__ AST ~ ? ..................... PIAZZ,y 40~P/pC4~ .• ~Y~ -_.... ,~NTF.. WHITE SANDS P ~~ .• Ql BRIDGRTQWER CROSSING N078 ~ ' BAL~WINPARICNO 02 .,, - GREAT BASIN . . ~...... _ SI ' '• ••..,,• ~ CRESCE~T ...._._,... MAR4Cgy Q ~ ~ ESSINA ~""" ~ ~ z BELLAGIO ~; 411 ~ RIDGETOWER CROSSING N073 E q _~..-._.--,._.' ~ i ~ .~-. ~. _. p ~ ~_L_BELLAGIO O ~ _ ~- I- ____.._..._.._.._..,.._. ~ ...~~ ~^i^1^,w^~MM^~~l^N^ ~ u... ! 1 m i -~~ ~; ..,~ -...., i.._._ ~NUTq ,.• N REM oNP i ~ : K < < ~ ~ -'~.~ ~. AN RE ~ ~ UNPLATTED ~.~ ~ \ ~ ~, + Z s "~ ~...._.._.. } `~ ~. gl ~ i ~ ~ ~Sawtooth .. . _ . •• TER ' AEG ES w E Z ~ `..... ...~•• ~~......~ WA E.SOTI r___~ s ~ S _._.. ~.... cho } _ ~ ti l ~••. ' w t z~ ° of TEANO •• .~ I / o ~ .. ". a~ ~ I I ~. •. w ~ F-, ~ ~ ~~~ ~-"' BRIE) F,TOWER CROS'~ GNO 04 • ~ ~ ~ ~ £" - x ~ --~ - _ ~ + Ol1.lET PEAK ~- L -- -- __......J ~ .... - - ~ \ • - =° .. _ .....y.. ESTLE ~ ~ . ... ... ..... Bridgetower to Sawtooth MS Aternative Route Revise the map on 4-3 (Meridian Pathways Network Map), to incorporate an alternative route away from the Nourse-Letup lateral/White Drain. This alternative alignment location will allow the City to work with future development opportunities for provision of the pathway without bisecting the properly. Feet 0 165330 660 990 1,320 Legend ^~^~^~~ Alternative Route Existing Pathway -•-•- Long-Term Route On Street Route Proposed Pathway ® Park EXHIBIT 3 2012 Meridian Pathways Master Plan Amendment Five Mile Creek Pathway Segment E Alignment Revise the map on 4-3 (Meridian Pathways Network Map), to revise the route across ACHD's drainage facility. The current map indicates the pathway bypassing the facility on the north. Amore direct route is warranted as an easement has been granted for the purpose. Feet 0 165330 660 990 1,320 Legend ^~^~^~~ Alternative Route Existing Pathway -•-~- Long-Term Route On Street Route Proposed Pathway Park EXHIBIT 4 2012 Meridian Pathways Master Plan Amendment i STANHOPE ! i __ I _. _ ~___? . N _ WI f: : _~ r ~! J ~' ¢: ~ SEDGEWICK . LOWRY ~ "' ~ ~j __.___. U' LOWRX I .... _-_ ~_- ~..--.-..._ ^~ --~ -EDGEWI~K = .. _.-....-- J - ~ i i I .soM i M _ ~ ml W of I I I , ;- _ t.= ._ ,.. ,c<q~ ;``\ R ,, FRS ~eY L c ~I ~ AIRE i I _.t~ ~ - --- ~ ~ ~ - ~ iZ ~ ~ ~ F x ~ N ~.. .. - South Slough ~- I ---, J ! C \ ~~ ~: : xj H i ~`_ _.__.__ ~. ~ ~~ ~ i ,-..-_. - ~~ R ~~ =i ~~..~... _ _ _ _ 'I~11 Y v ~ ` ~e~RY i ~-_~ o ~ ~ ~ CREEKBURY J } ~ ~ ~~`,~_ e . WOODBURY -. Park ~~~~, o `. A/~ ~ ~ i ~ ~ ~M ~ ~ ~ ' ~ '`........__1_.. ATERBURY ~ ..."--~!1 ......................._-__ ~ . WATERBURY ........_.-._W _-__ _. _.._..-.... ._--"------ FiveMile Creek ~ -_-._ -~.__ CHATEAU ~: l i - ' .~1.--. - CHATEAU - .. ... -_.....__-___ ~~ ~ vl r o ._„__.___-_.-~ _ i i FAIRWOOD ~ of or ~ ~' fer ~ ~ I ~ O ~ * 0. ~ ~ / I k i 8th Street it ~' I 3 ~ CR~~k~iF ~~ O Z TANA _ ____~ ; ~ ~ l -- ~ ark D~I i " ~.. `~~ a; I ~ __-_- MgR -, ~ ~ w KINGSWOOD --~ ,~ -%~'!' ~~ " KINGSWO D ~ ~ '` TIFFANY Fl ~ y ~ 1 _ __ _ _ __. z _.._ . / c ART ~ ~ I ../ 2s j __ - SANDALWOOD __---.-.-_.~-_..--- -., '~~.,,,, ~ ~ i = o m! LONGFORD / ~~~.. Bud Porter -South Slough Connection Revise the map on 4-3 (Meridian Pathways Network Map), to incorporate a future pathway connection between the Bud Porter pathway north to the existing South Slough pathway. Further, revise the map on 4-3 to reflect the construction of a pathway through 8th Street Park completed in 2010. Feet 0 170 340 680 1,020 1,360 Legend ~~~~~~~ Alternative Route Existing Pathway -•-•- Long-Term Route On Street Route Proposed Pathway - Park EXHIBIT 5 2012 Meridian Pathways Master Plan Amendment -----~_.J(y00DBU •___...._. _ ~ ._._... _._L__._-~„~ ~~. ~ r- ~ /y P - OJGP 00 J ROUSE w ~ p tr (C ( ~ / p`/ \ ~ ~i ~ Y WATERBURY F g! ~ ~ BROWN ` BEAR ` BEAR ROWN _ ..._.__ ofh @ ir _ . ~ 6 _ ~~ f8%// W BLUE HERON I F ~ ~ CHRISFIELD _ B UE HERON ... ..... __.~. ~ I i 5 ~ ~~ C HATEAU -- _" ~ ~ =.,~,__, / ~ ~I ~ o+ UI i ~ ~c ~~~~ ., (SPICEWOOD ..........__ ~ ~E O ~ ~ ~ ~ ~ I O r--I U! ~ =i ~'' .........~ YBOURNE JAMES COURT w"....... _.. ~ t-,...........~~ _--- - .,,,~ K `.__-.- OJ O •~ \._ .....__,YI deg ILLOWBROOK K . - -- _-.-...----...,.. CLARENE m i 1S ~~ `A m_ ARMEL,/ \~~O ~ ~.___,Z (o~ ~ ~ // ~ 1 ~~ ~ } ~ i w S z r I i ~ K , , Q ~~ . ~ ~ ~ '--w ~ '....JOY ~ ~ ~~D \~ ~'~ ~ ! TAMMY j_ --- ~ e ~> t ~ ~ ' W e p~ ,. _ , , _......._,~ CAROL .~ ~ ti f ) ~•'•_.... _ ,._ NN al ~j ~' CHERR FAIRVIEW n ~ _ ~ ~ Jackson Drain Cmmection Revise the map on 4-3 (Meridian Pathways Network Map), to incorporate the segments constructed in 2011. Feet 0 165330 660 990 1,320 Legend ^~^~^~~ Alternative Route Existing Pathway -~-•- Long-Term Route On Street Route Proposed Pathway ® Park EXHIBIT 6 2012 Meridian Pathways Master Plan Amendment f... ~.~i MOUNTAIN MAN .. rZ:~r 01 HEXITi1GE J .__ EDINBURGHPLj4CE N002 _______ ~ 1r ' ... ....w ...................... .. WATER ""~A~ __..._.. ~~h7y1'RRID4E N0 v.. \~y ~~• i ~e •~~ ~ ~,~ `~ : ~ ~ •..~..• NO 02 17 ~~ I~ O 5•• ~ . .a Z . •••~SIDEWINDEI~ ....................: GARBER 02 ZEBULONHEIGf71SN002 ' ............L . ........u~~ .IASMI `ICRF.S UNPLATi7iD i Zebulon Heights Pathway Alignment Revise the map on 4-3 (Meridian Pathways Network Map), to match the alignment with the final platting of Zebulon Heights. Feet 0 165330 660 990 1,320 Legend ^~^~^~~ Alternative Route Existing Pathway -•-•- Long-Term Route On Street Route Proposed Pathway ® Park EXHIBIT 7 2012 Meridian Pathways Master Plan Amendment ~ Y w ~,- ryTOR ~; KAMAY KAMA ~ -' Zf a O ~I j ~~ ~ ~~'` ....~ ..__,......_._.... GOUGAR.GRE ~ 1 ter`., w f j ZI ~ U ~ ~ /' i I- F CHIMERE_ ~~CHIMERE l _, . _., O _ -l ~ i U '~= i g N i ~`~ O ,-~ jp __-z ___......__~ 3~ I ~ J CHALLIS < I ?f _. ~ CHALLIS ~ _ ~, I ~ i 7 ~ MEADOWGRASS Z I I ~~ - y...--~-~Q-~---- w~ cy5~ -.~ ~- ~- ~~ ~ MEADOWGRASS -0 ~ zI O OI I T ~ ~ ~RIVCC xt a GLENLO_CH ~1 ~ i O. `n al ~ ~ LOCHMEADOW ~ m ~,yalley _-. ~ .. Elem LOCF~MEADO,W i ~ ~I ~' i ~ D wney Sub-lateral ~.. L _ - ~= _ KATELYN -~ GRg1EN_MEADO ~ ..._....__- .. \ -. -. i z ~ G/ 1 ~ ~ ~ O CHA EAU. ~ ~ ~ ~ ~ O'~~ ... __ III ~ .....-....-_.. --- ...__ ~{ / / of ' ` g l ! ~__ ~G`l-O ~ ~ Zp~ { G MEI DOW WOOD MEADOW WOOD ~.. ... ---~. .__._-._____... ... _------ - F .____--_ w w z ......._~. i__--_~ ~ F, AKCREST < w R ~ ~ ~ i J5~\~'~ "'O )05\: F OI ~ ~ I / '~, z ~~,_OT..L- -.1.---.- k' Nom.-OAKC EST- ! ~„ ~ ~ ' J w ~. -. ~.._. ~ ~/ ~..._.. ~ ~ 3 m % w CLARENE ~ i Downey Sub-lateral On-street Connection Revise the map on 4-3 (Meridian Pathways Network Map), to designate an on-street connection between the terminus of the existing unpaved pathway and Locust Grove. Feet 0 195 390 780 1,170 1,560 Legend ^~^~^~~ Alternative Route Existing Pathway -•-•- Long-Term Route On Street Route Proposed Pathway ® Park EXHIBIT 8 2012 Meridian Pathways Master Plan Amendment Wi Y FAIRVIEW ~ ; W c~ ^ ' w I -' ~ W ~ ^ ~ ^ i Z o; ^ t r~n - GRUB ER j i ~ ^~^~ ^~^~ ~ , ~/~ O LOCUST VIEW f. ~ cROSSBILL :...... ---~ J ------ 'O~ 1 ~ ~ 2 ~ \ i ~ 3 ~ / j Z ~~ \~~ Z~ J: r \~ BADL EY ~ . ~ ~ ~ - _. BAD EY ---~ ~ WORTH ~ l ~ ~ WENT ~ I i ~~ N ~ F O r ` r,.._._ I \ i \ ~ _.. DRUCKER_ __, "~„ ¢: ~ RUCKL'i.R ...,.__.._(~1.. 1 W i \ ~ ~ ~'• J j ! ~I , \ \ ~~ SOTHESBY SOTHESBY i ; ~ i ; ~. i p i WASHIN TON \ _--___ ,~L~~ ~".^~,. ~ ~S< I W i ~' F I DI SHE_LLBR_ K ------ O ~1 ~. ~ - I I ~ ~ , _ ~ SHELL y ~ BROO r......_ Y aJ ___...- _._~ I , -^ G~i ~ ..~ - ....., I CARLTON ~! ~, ASHFORD _~ _.. ~ O i } j ~ _ ~ ~' a ~ ~ ~ I O~_ I BUCHMAN i ~-. ............... w ~ .... ~ A w__ ~._.... _ STATE _-i` __ I _........ ! ~ ~... chi/ .. y~% ¢ i f i 9 i _., am m ? , ~Z i \ h / + ~ t/ Y~~ ( A Q ¢ ~ f ..._.._. _/ =j PINE i Z, v j i ~ ~ ~; r Five Mile Creek Pathway, Segment H Alternative Routes Revise the map on 4-3 (Meridian Pathways Network Map), to incorporate alternative routes north between Badley and Fairview Avenues. T'he alternative alignments will allow the City to pursue optional routes to complete the connection. Legend ^~^~^~~ Alternative Route Existing Pathway ,r7 Feet 0 165 330 660 990 1,320 -•-•- Long-Term Route On Street Route Proposed Pathway ® Park EXHIBIT 9 2012 Meridian Pathways Master Plan Amendment i i ~ o I ~ z z; ~- ~ J i ! J 0]j J~ 1~ WI v: GAL b-._„--.. \ A ._. / ~~ ` % '~ ~,O ~ ~._.-._..__ _ -~ rgRaaN w ~- _. _ ~ -----~------~ ~ = 1 ~ ~ ~ w ~~ _ -= _~ ~ ~ 1 ~` i I -- ~ r " .-"~~ .,,~; ~- i BLUE HORIZON _, '' ~' ~. s p ..._..._._...._..+ _-._....- _ i ' ~x ~~ ~s X ! ~ ~l ~~ . _ x- ~-, ~ ~ ~'^~... ~ ,IvlounttV~e ~ ~ ~` w ~ gh~S h o1~ ~ ~ H c ~ .,~--~-~~~ BLUE TICK ~ ._... _. ..._. _ ~ ~ i ~ ~ Q J C 3 - ,Fy, . ~ ~~~ r s_ .. ~ ~ ~ O '- ~ Q ~ } ~ ~ ""° ""~ ~~ GRIFFON COPPER POINT ,'- -, ~COPPERPOINT - - Gordon Harris , ~ ., ~ "' Park ~,.~.= ~ o~ s a ~ ~9C `~t~`y THREE BA i GREEN CANYON '" ~t r Diane & Winston Moore Pathway Alignment Revise the map on 4-3 (Meridian Pathways Network Map), to match the alignment dedicated as the Diane & Winston Moore pathway in 2011. Legend ^~^~^~~ Alternative Route Existing Pathway Feet 0 165 330 660 990 1,320 -~-~- Long-Term Route On Street Route Proposed Pathway - Park EXHIBIT 10 2012 Meridian Pathways Master Plan Amendment GOLDEN EACL E ESTATES AMD . ~~........s ........... ..~~ .. ~T__- ............ DARTMOOR GOLI)ENEAGLE' E.STATE.S BRIDLEWOOD DARTMOOR } ..................J TYBALT u ................. 5 z ~NCSBRlOGE PHASF, 01 ~•~ : .' ~ o TUSA - -~ ;; f z ~~vv ~ p ~ a j NAPOI.l I ZALDIENZERUA ;~ ATELLO ~ ' • ~ __._-_J ~ ~~ = i RATELLO~ ~- { : __ - - . , . : ~ e i ~ ...............r ........... MARTTNF,'L ~-' a~ yG ~~ ~ ~ ••i O . ~ F ...d .......................................i EUNZ HOLLOW ...........................................r Ten Mile Drain Alignment Revise the map on 4-3 (Meridian Pathways Network Map), to correct the location of an existing paved pathway stub on the south side of the drain. Previously, the pathway was indicated on the north side. Feet 0 165 330 660 990 1,320 Legend ^~^~^~~ Alternative Route Existing Pathway -•-•- Long-Term Route On Street Route Proposed Pathway - Park EXHFBIT 11 2012 Meridian Pathways Master Plan Amendment > ; \~~ o O ~ ~'••..,,• m '••..,• 10. IA ': ~~ "~ .~• S ...ice..... ....... ~:. `\ SICILY SICILY TC7~5'CANYLABL~N002 W! -----~ ~_______. \ ~ zi..._ SICILY ' ~ ._. _._...___.------------i ! ~ `1 ! W i C~AYM T j ~_~ (]~- - W ~" ~'; i j ~ ~ O 7 i JULIET ~ ;~• g: ~ ~ ..~___.. _. ~ :• ~~ ~~ ~ r~~ M&S.S7NA HILL~N003 ...._._.. __ _ l .............. PRATO 7 C Tr7S ANYLAIQi~N001 ~ ~ ~...---....___......._.....J .%' J ~ Q O TTIa'~,'ANYLA)\S~N003 ••• \ BEATRICE ,ice \~B ~ \ ~`~~---------~--~--~ ~M'SSIN /LLS NOO PISAPLAL'L~ 00 ER ••••• ••• PISA \ •, ; •..uu•u. •uo.u••uuuYu••u•••••••••••• •••uu uu•uouu• ••'i~•L'i..~• •u•~• • DEERHILL % !___.-. •~~ ~i .._._ __ / .•'• .'~ ~ MFSSINA MFA ~O ' 'Renaissance •' `- Park ~ Tuscany -Ten Mile Creek Alignment Revise the map on 4-3 (Meridian Pathways Network Map), to incorporate a proposed connection to Locust Grove Road without crossing the creek. The pathway alignment reflects a future city project on the properTy to the west of Tuscany. Feet 0 165 330 660 990 1,320 Legend ^•^~^~~ Alternative Route Existing Pathway -'-•- Long-Term Route On Street Route Proposed Pathway - Park EXHIBIT 12 2012 Meridian Pathways Master Plan Amendment OV~12L/~ND Future Develpment (Approved Walmart) ~ Y p DAVENPORT ~ DAVENPORT ~. ... O /- . .. -- ------ Z 1 , ~ jW ~ i 3 ,' ~ ' ~ n ~~ ELIAS a I wI OI o v _ ~ _ __ ~~ --- ~ OI ~ ~ l o ~~ ,,, ~ a , I ~ I , ~ ix i ~ i 1 ~ ALDERWOOD ,,~ ' ~_._ ~ __.__..---- C LDERWOOD a~ ~l ~ ~ '~ ..._., ~ ~ RISI~OP _ \ \ i --. ~- R 6~' `~ \\ w > j Z BA ~ > ~~ ` . Q ~ F ~ yy O j~ ~c ~ -' G y ~ BF ~ L71 ~ Bear Creek ~~ ~~ Park v CAVE BEAR~__.__ 1 ~~ ~ R SALYN _...,, - i , ~ - CUB ~~ .., o ._` -_.._..__ -.......--- 1.------ _..._.....~ -a - ____-_ ~ ~ m ` ~ KODIAK C7! Bear Creek- Overland Road Alignment Revise the map on 4-3 (Meridian Pathways Network Map), to incorporate pathway connections provided via an approved development. This aligmnent will provide a connection between Alaska Street and Overland Road. Secondly, the walkway adjacent to Stoddard Street will be extended between the north boundary of Bear Creek Subdivision and Overland Road. Ct7 Feet 0 165 330 660 990 1,320 Legend ^~^~^~~ Alternative Route Existing Pathway -•-•- Long-Term Route On Street Route Proposed Pathway ® Park EXHIBIT 13 2012 Meridian Pathways Master Plan Amendment ~~ :, ~..(N ~~_.._.........._.~ •~'9(T i . ~ NT L ~ N i ~~. a _..._.... .........---° WALTM .. __.....~.. ... -- ,.._.. .l w: o~ ~ EIDER ~ _ _ _~...-....... I 1 Z i ~ti- i ~f N; 2~ _.._.._.__ ' ~! ` h ~, p~~FR o L.__... ._ ~` ~ '~ ---,.~g ~ ~ FN~ I \` ' _JACKSNIPE - __..---..._W.---~ ---_-_.__~_._~ INTERSTATE 84 _i~ - z -__~\ o --- - Wahoos ,I Roaring Springs OVERLAND Ten Mile Creek - I-84 Pedestrian Overpass Revise the map on 4-3 (Meridian Pathways Network Map), to incorporate a pedestrian crossing over the interstate west of the Meridian Road Overpass. Legend ^~^~^~~ Alternative Route Existing Pathway Feet 0 165 330 660 990 1,320 -•-•- Long-Term Route On Street Route Proposed Pathway - Park EXHIBIT 14 2012 Meridian Pathways Master Plan Amendment i FRANKLIN w _J Z F Q V Y V m ~N~ STg TE 8 ____ _~~ ;~~ ~- __~ - ~~ No ___...__...._., T ~~ ,. ~~ A \qS,y Pipeline Pathway -Ten Mile Crossing Alignment Revise the map on 4-3 (Meridian Pathways Network Map), to follow the pipeline easement and match the alignment with the platting of Ten Mile Crossing development. Feet 0 287.5575 1,150 1,725 2,300 Legend ^~^~^~~ Alternative Route Existing Pathway -•-•- Long-Term Route On Street Route Proposed Pathway ® Park EXHIBIT 15 2012 Meridian Pathways Master Plan Amendment '• ~ i~ , ~~ -t.~ ~ ~~[ - ~ ! -~ dl - r~~ I ~ c ~ ~~ ~~~. ~~ 1 r ~ ~ "~ ~ . ~ i ( ~ < `r i - ....,.. , O ~ ~ Q J ~ I ; ,_, - , -- - i FR/~,NKL IN z ~ -- - - _ _. - --, ~ K ,~ I ~ ~ / '1'~ ~ e,, " ' ~ ~ T __~ /y~ W ER~T -~...., ~ L._ ~_ ~ 1 ~ ~ l - `~{ ._ ~,._ ._. .----- E ~ ~ INTE TAT INTERS~ 4T ~ `?~-~= ;L ~ ? ~- - ~ ; ~ ..~ ~ - McDermott to City Center _I - ~ _ T_ ~ _ I ,_~.... ~ f,,; .~. :: ~_ .____, - w ~ •., _.. ,.__ - __.. ~ ^ w ~ --~ , ; ~ . ~ _ - '` ~~ ~ ` ~ , ~. ~ ,. ~, A City Center to Cloverdale Rail with Trail (RWT) Alternative Route Revise the map on 4-3 (Meridian Pathways Network Map), to incorporate an alternative route north of and outside the railroad right of way. This alternative alignment location will allow the City to work with future development opportunities for provision of the pathway. n Feet 0 1,5003,000 6,000 9,000 12,000 Legend ^~^~^~~ Alternative Route Existing Pathway -•-•- Long-Term Route On Street Route Proposed Pathway ® Park EXHIBIT 16 2012 Meridian Pathways Master Plan Amendment Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Ordinance No. I a' r-/O ~ An Ordinance of the Mayor and City Council for the Re-zone Annexation of a Portion of Section 30, Township 3 North, Range 1 East, Boise, Meridian, City of Meridian, Ada County, Idaho, Known as Cavanaugh Ridge (RZ 08-005) MEETING NOTES Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I BOISE IDANO 01/26/12 01:52 PM DEPUTY llea Ball III IIIIIIIIII'IIIIIIIIIII'IIIII'll III RECORDED-REQUEST OF Meridian City 112007169 CITY OF MERIDIAN ORDINANCE NO. L a-' S O BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 08-005 CAVANAUGH RIDGE) FOR THE RE-ZONE OF A PORTION OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT ~`A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: South Cavanaugh, LLC. SECTION 2. That the above-described real property is hereby re-zoned from R-4 (Low Density Residential District) to R-8 (Medium Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property, SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE -ANNEXATION - RZ 08-005 CAVANAUGH RIDGE Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith aze hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials ofthe County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (I/2) plus one (1) of the Members ofthe full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z day of , 2012. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 24 day of , 2012. .~ ~ de WEERD ATTEST: /~ p ^c+~r~ 4c.- SEAL JAYCEE'i,. HOLMAN, CITY CLERK RE-ZONE -ANNEXATION - RZ 08-005 CAVANAUGH RIDGE Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this ~ day of , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeare AMMY 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~1GTARN~s'. ~,~, ,o .1'[J8ti1G~,~ . ¢~ •~•~9 PE OF,~•' •....• c N RY PU IC FOR O RES ING AT: ~(~\~{ \ art l 17 MY COMMISSIONEXPIRES~ n N , ~p~~l RE-ZONE -ANNEXATION - RZ 08-005 CAVANAUGH RIDGE Page 3 of 3 TxhibitA' -Rezone ].egrrl Descriplirne ~~' ~A',"~,~~ .term i5iS S~ tihoahone 5t-eet 1 Bplse Idaho .1 837U5.~ 20H-342~T967 ~ 2Da-342.7437 FAX CAVANAUGH Rtf)GE REZONE WESCF2IPTION A PQRTION OF SecTIDN 30, TnWNSHIr 3 NORTH, RANrdF 1 EAST, 8019E MERIDIAN, CITY OF MERIDIAN, ADA CdUNTY, ibANr) A portlan of Section 30 Township 3 North Ran e 1 East Boise Meridian Cily of Meridian Ada County Idaho more particularly described as tollowsi Commencing at th6 Center '/ Corner of said Section 30 the TRUG PAINT QF BEbINN1NG; thence along the NDrfh-South 4enterof Suction Line North 00`08'02" Wesl a distance of 1113 93 feel to the beginning of a ncn-tangent curve lD the right on the centerline of the Ridanbaugh Canal: thence along spld Ganterline the following courses anti distances along said non-tangent curve to the right having a length of 152 90 feet a radius of251 7(i feel a central angle of 34°4%'46 . tangents of 78 89 feet and a long chord which bears South 42"21'06" C-ast a distanoo of 150 5G feet South 74` 5T13" Easi. a distance of 378 12 feel to the beginning of a curve tD the left along said curve to the loft having o lorrgth of 116 22 frcl a radius of a 15:00 feet. a central angle of 20'57 29", tangents Df 58 2s feet and a long chord which bears South 35"25.58' East a drslanre of 114 G8 feet: South 45'5447 East a distance of 808 09 Feet to a point on the East-West Center of Serlion lino o(5ection q0; theoCe alDng Sald ~aSt-Wesl Centerof Section tine. South 8F1 43 54 West. a distance of 71 43 feet more or loss to titre South side of tbD 12idenbaugh Canal as called for in Quil Claim l7eed tnslrument Number 102158440 thence along said South side Che following courses and dlstances• South 45`50 45 East a distance of 1032 09 feet more or less to the beginning of a curve to the left; along said curve to the lest having a length of 279,14 feel more or less a radius of 800 00 feet a central angle of 19`59 31" tangents of 1q 1 00 feel more or less and a long chord which bears South 55'5431' East a distance of 2%7 72 feet mare or less: South 63 50 16 Cast a tllstance of 4'17 1 q feel more or less to beginning of a curve to the loft: along said curve to the left having a length of 282 05 Peal morn pr less a radius of 3130 QO Feet a central angle of 53`52 04" tangents of 157.42 fool Inol e or less and a long chord t which bears Nodh 87` 13'42' East a distance of 271 78 feel more or less North 80°tT40'' Easl a tlislance of 201 31 feet more pr less to th¢ Easterly boundary of Soclfon 30: thence along sold easlerl~ boundary, South QO°30 07` East a dislant:e of 385 (JO feet more or less to th¢ South 1116' Corner common to Sections 3p and 29: thence along Ch¢ South 1/1G1h Ilne qF Section 30 South A9"4ti 51 Wesl a distance of 7.631 28 feet to the Center ,iouth 1/16"' Cgmer of Section 30; thpnce along the North••South Genler lino of Sgcllon 30 Sgrrth 0008'02" East, a distance qF 167 53 feat to thq most Southerly carver or prop¢ity described in Personal Representatives Deed Instrument Number 99Dp87~17; thence along the 5outlterly boundary of said Personal ffepreseniatives lased the Fotlowing courses and diatancos. NnNh 38'33 24 Wasl a distance of 126 24 feat North 52`28'30 West a distance of 595 70 feet: North 60'34'04 West a distance of 244 40 feet: North 64°04'55 West a distance of t64 59 feet, North G5'S409' West a dlsiance of 4539G feet to a point on Iha Wesl 1116"' line of Senlion 30; Ihence along said wall 1/161h line Not lh 00` 00 23 West a distance or 64G 52 feet to the Center-West 1/16 Cgrngr of Section 30: thence along the Easl•West Center Secflon Iln¢ of Section 30 North 89'4436 Easl a distance of 1323 01 feel to the TRUE PAINT OF BEGINNING_ Containing 91 085 acres more or less Subject to existing easemonls and riphls-ai•way as any ma.y exist of record or not of rocord It is the intention of this description to include all of the propeRy described in Quit Claim Deed Instrument number 102158440 Personal Representatives Deed Instrument Number 99008747, Quil CIa6n Deed hisirument number 9600S4A5 and QUIT Claim Deed Instrument number 99112159 including any portions of these properties not described in this document nY~AROVaL, r IANp~ R¢fer to the attached sketch '•'-' ~,`'~o srey s Fox Land Surveys Inq ~1UG 17~ 2009 ~~' ~' ~'' ~` o .c Timothy J Fox Presid¢nl PLS 7812 irrat°uar.IC "~~ •~~a - ~' *~; pparr FNb OF CJESCkIFTI~N :I 1.. 11'Pnll~:~.'Oi-•'ul K1 ~IU~~ IIn~:1r =1 ~`1 sal .: °,q .• ~ E~~ltiibi i~ 3 +4~P..6R1!lYa 0~~5EC ilON ~~, 1.•f,_MI(~ II, ll ~ IIY1't Of hll'R1111M1, i NN yt~pLlG MF.NIDIA ftf<8`PCP7• ~. WO gyn9Th1" ul'1t tl/ tN.11 :IIF..IA (`\\4 ~~. U. ~ C~ ~' rr~~ 19PFk~'I'I HlW Ille 4i(.V.I7E1~ (dfd,. da'MlJf nPlZisa a .: 7Up `4 ~~ C rr k~. ~, ' s°` 1 P.6.P ., r r I•Ih'•{1rr• view ;;N .I .fIM4111Y-' ~ p.ulma ~d~3~9 nii Ix 1 n~o'1n~pn"w-r d ' X a U I I I N;8fY3'Ld°w' llg;/A' [ I_ 6xhillR nw~Iu,w rNF,~~, ri~xY, Nr.'11FIH1:1'. yr r, i!INIA rt.'Y51 d1. i~l ~~ -r. du~~n ,~ ~; Py, I ~' ~`'C ••II~EHIYAU Nj 0 ~u. ~ ~~ Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Ordinance No. ~ a-~ S~~ An Ordinance of the City of Meridian Adopting Cable One Franchise Agreement MEETING NOTES ~,~~n~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO._ _ ~a ' Sow, BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA l AN ORDINANCE OF THE CITY OF MERIDIAN GRANTING A CABLE FRANCHISE TO CABLE ONE INC TO PROVIDE CABLE SERVICES IN THE CITY OF MERIDIAN; APPROVING AN AGREEMENT ESTABLISHING THE TERMS AND CONDITIONS OF THE FRANCHISE GRANT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 10, 1996, by City of Meridian Ordinance no. 734, the City Council of the City of Meridian adopted the Cable Television Ordinance; WHEREAS, the existing cable service franchise expired on July 11, 2011 and the parties have been acting under an extension of that franchise until this new Agreement was reached; WHEREAS, the City Council of the City of Meridian wishes to renew the non-exclusive Cable Franchise Agreement with the incumbent operator for a new 15 year term; WHEREAS, the effective date of the new Franchise Agreement shall be retroactive to July 12, 2011. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Mayor and the City Council grants the non-exclusive franchise to Cable One Inc, and approves the Cable Franchise Agreement to operate and maintain a cable system in the City of Meridian, attached as Exhibit "A"; Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon signing. PASSED by the City Council of the City of Meridian, Idaho, this ~~ y of January, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this Z~ day of January, 2012. APPROVED: ATTEST: /p,.THDAVI ~o ~o 3 n nGty of Mayor City Clerk ORDINANCE ADOPTING Tf IE SEAL PAGE 1 OF l FRANCHISE AGREEMENT (Cable One, lnc.) This Franchise Agreement ("Agreement") is made and entered into this ~ ~ day of ~~-~ 2011, by and between the City of Meridian, a municipal corporation ("Meridian") and Cable One, lnc. ("FranOhisee"). RECITALS A. Meridian is a political subdivision of the State of Idaho, and has authority to enter into this Agreement. Tammy deWeerd is the duly elected Mayor of Meridian. The Meridian City Ccuncil has authorized the Mayor to execute this Agreement. B. Franchisee is a duly organized and acting corporation lawfully conducting business within the State of Idaho. John Gosch, Western Division Vice President, is the duly appointed agent of Franchisee and has the authority to enter into this Agreement. C. Subject to the terms and conditions set forth herein and Meridian Ordinance No. 12.50 the parties hereto aze desirous of entering into anon-exclusive fifteen (15) year franchise agreement, with Franchisee providing cable services within the city limits of Meridian, Idaho, D. Meridian having determined that the financial, legal and technical ability of the Franchisee is reasonably sufficient to provide services, facilities, and equipment necessary to meet the future cable-related needs of the community during the term of this Agreement, and having afforded the public adequate notice and opportunity for comment, desires to enter into this Agreement with the Franchisee far the construction and operation of a Cable System on the terms set forth herein. NOW, TI~EREFO]tE, in consideration of the mutual covenants, terms, and conditions set forth herein, the parties agree as follows: For the purposes of this Agreement, the following terms have the meanings set forth herein: "Cable Act" shall mean Title VI of the communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, by the Cable Television Consumer Protection and Competition Ac[ of 1992, and by the Telecommunications Act of 1996, and as the same maybe further emended from time to time. "Cable Services" shall mean: (A) the one-wey transmission to customers of (i) video programming, or (ii) other programming service, (B) customer interaction, if any, which is required for the selection or use of such video programming or other programming service. MERIDIAN AGREEMENT 1 ~- "Cable System" shall mean a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Services which includes video programming and which is provided to multiple Customers within a community. "Customer" shall mean a Person who lawfully receives Cable Services within the Service Area with the Franchisee's express permission. "FCC" shall mean the Federal Communications Commission or successor governmental entity thereto. "Franchisee" shall mean Cable One, Inc., a Delaware co~pa•ation lawfully doing business in Idaho. "Gross Revenues" means any subscriber video revenues received by the Franchisee from the operation ofthe Cable System to provide Cable Services in the Service Area. Gross Revenues shall be calculated and reported based on generally accepted accounting principles (GAAP). Gross Revemres shall not include: (i) any fees or taxes which are rmposed directly or indirectly on any Customer thereof by any governmental unit or agency and which are collected by the Franchisee on behalf of such governmental unit or agency, including without limitation the franchise fee rryuired by Section 5.1 hereof; (ii) any tax, fee, or assessment of any kind imposed by Meridian or other governmental entity on a cable operator, m• Customer, or both, solely because of their status as such; (iii) any other special tax, assessment, or fee such as a business, occupation, and entertainment tax; and (iv) net unrecovered bad debt. "Lifeline" Cable Service or Economy service shall mean the lowest tier of that includes local television broadcast signals, "Meridian" Shall mean fire City of Meridian, a political subdivision of the State of Idaho. "Person" shall mean any individual, fnm, partnership, corporation, organization, association, trust, Limited Liability Company or other legal entity, residing in or doing business in the Service Area. "Public Way" shall mean the surface of, end the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of--way, including, but not limited to, public utility easements, dedicated utility strips, or rights-of--way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by Meridian in the Service Area which shall entitle Meridian and the Franchisee to the use thereof for the purpose of installing, operating, repairing, and maintaining fire Cable System. Public Way shall also mean any easement now or hereafter held by Meridian within the Service Area for the purpose ofpublic travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-or-way as shall within their proper use and meaning entitle Meridian and the F~•anchisee to the use thereof for the proposes of installing, operating, repairing and maintaining the Franchisee's Cable System over poles, wire, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, power supplies, network reliability units and other property as may be necessary or pertinent to the Cable System to include infrastructure associated with future technologies. "Service Area" shall mean the present municipal boundaries ofMeridian, and shall include any additions thereto by annexation or other legal means. l MER[bIAN AGREEMENT 2 "Standard Cable" shall mean the tier of service, including Lifeline/Economy service which consists of all the analog channels carried by the system, currently all channels up to channel 99. II. GRANT OF FRANCHISE Meridian hereby grants to the Franchisee, during the term of this Agreement and Meridian Ordinance No._, a non-exclusive Franchise which grants the Franchisee the right and privilege to construct and operate a Cable System in, along, among, upon, across, above, over, under or in any manner connected within designated Public Ways located within the Service Area and for that propose to erect, install, construct, repair, replace, reconstruct, maintain, or• retain in, on, over, under, upon, across, or along any Public Way and all extensions thereof and additions thereto, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, power supplies, networkreliability units and other related property or equipment as may be necessary or appurtenant to the Cable System. The Franchise granted shall not preclude Meridian from granting other or further franchises or permits or preclude Meridian from using any Public Way or affect its jurisdiction over them or any part of them, or limit full power of Meridian to make such changes, as Meridian shall reasonably deem necessary, including but not limited to the dedication, establishment, maintenance and improvement of all new Pnblic Ways. III. TERM 3.1 The Franchise granted hereunder shall be for a term of fifteen (15) years commencing on the effective date of this Agreement as set forth below, unless otherwise lawfully terminated in accordance with the terms of this Agreement. The effective date of this Franchise is retroactive to July 12, 20I 1. This Franchise shall expire on July 11, 2026, unless extended by the mutual agreement, as provided below. 3.2 The Franchisee may surrender this franchise at any time upon filing with Meridian, a written notice of its intention so to do, at least six (6) months before the surrender date. All the rights and privileges and all of the obligations, duties, and liability of the Company under this franchise, except as to the extent previously accrued hereunder, shall terminate on the surrender date specified in such notice. However, the Franchisee shall be responsible for any pending constructions or other activities in stages of completion so that uncompleted or unfinished work does not become the responsibility of Meridian. 3.3 This Franchise may be renewed by Meridian upon application by the Franchisee pursuant to the procedure established by this section, and in accordance with the Cable Acts of 1984 and 1992, andlor any fuhne relevant laws. IV. DUTIES AND RESPONSIBILITIES OF FRANCHISEE 4.1 Conditions of Occupancy. The Cable System installed by the Franchisee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of Public Ways and with the rights and reasonable convenience of property owners who own properly that adjoins or is otherwise contiguous to any MERIDIAN AGREEMENT 3 1, Public Ways. Franchisee shall not place poles or other fixtures where they will interfere with any gas, electric, or telephone fixh~res, water hydrant, mains, pressure or gravity irrigafion lines, or public sewer lines, and all poles or other fixtures placed in any street shall be placed in the right-of-way between the roadway and any property line as directed by Meridian and in accordance with Meridian's caning and subdivision ordinances (as amended from time to time). Any obstruction in the Public Way that interferes with the proper use of Public Ways and withthe rights ofproperty owners who own property that adjoins any Public Way that, after proper notice to Franchisee demanding removal, is not promptly removed by Franchisee may be removed by Meridian and the labor, material and associated costs thereof shall be immediately paldby Franchisee. All of the Cable System presently or in the future located, maintained or installed in the Public Ways within the Service Area shall at all times be maintained in good order and conditions, in accordance with standard engineering practices and in compliance with all applicable safety codes and lawful governmental regulations. 4.2 Restoration ofPublic Ways. If during the course ofthe Franchisee's construction, operafion or maintenance ofthe Cable System there occurs a material disturbance of any Public Way by the Franchisee or its employees, contractor or agents, the Franchisee shall not unnecessarily or unreasonably obstruct the use of or damage any Public Way, and shall within a reasonable time as early as practicable replace and restore such Public Way to a conditionreasonably comparable to the condition of the Public Way existing immediately prior to such disturbance, as determined by Merldian's engineer, and in accordance with applicable city standards. Franchisee shall warrant and guarantee the portions of the Public Ways disturbed by Franchisee, for a period of two (2) yews following the repair and replacement of the Public Way. 4.3 The Franchisee shall protect, support, raise, lower, temporarily disconnect, relocate in or remove from the Public Way, as necessary, any property ofthe Franchisee, when lawfully requested by Meridian, for the benefit C of the public, not private interest. The request to relocate by Meridian shall be proceeded by the receipt of reasonable advance written notice, as is practicable. Whenever Meridian shall pave or repave a Public Way, shall change the grade or line of any Public Way or shall construct or reconsh•uct any conduit, sewer or water main, pressure or gravity irrigation line, sewer or water connection or other public works or utility, it shall be the duty of the Franchisee when requested by Meridian to change any portion of the Cable System or other property of Franchisee so as to conform to the established grade or line ofthe Public Way and so as not to interfere with the conduits, sewer or water main, sewer or water connection or other public works or utility as constructed or• reconstructed. Franchisee shall bear the sole cast of compliance with the Section 4.3. Meridian will make a reasonable effort to avoid the need for such moving or changing whenever possible. 4.4 Relocation at Request of Third Parly. The Franchisee shall, on the request of any Person holding a lawful building moving permit issued by Meridian, protect, support, raise, lower, temporarily disconnect, relocate in or remove from any Public Way, as necessary, any property of the Franchisee, provided: (a) the expense of such is paid by said Person benefiting from the relocation, Including, ifrequirred by the Franchisee, making such payment in advance; and (b) the Franchisee is given reasonable advance written notice to prepa<•e for such changes. For purposes of this Section, "reasonable advance written notice" shall be no less than ten (10) business days in the event of a temporary relocation, and no less than on hundred twenty (120) days for a permanent relocation. 4.5 Trimming of Trees and Shrubbery. The Franchisee shall have the authority to trim trees or other natural growth hr order to access and maintain the Cable System, according to rho h•imming and removal provisions of Meridian's hee ordinance (as amended from time to time) and in consultation with Meridian's forester. MERIDIAN AGREEMENT 4 4.6 Safety Requirements. Construction, operation and maintenance of the Cable System shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with applicable federal, state and local regulations and the National Electric Safety Code. The Cable System shall not unreasonably endanger or interfere with the safety of Persons or property in the Service Area. 4.7 Aerial and Undetground Construction. A. When Franchisee extends its cable system to areas within Meridian where all of the transmission or distribution facilities of the respective public utilities providing telephone conununications and electric services are underground, Franchisee likewise shall wnshuct, operate, and maintain all of its transmission and distribution facilities underground. Ifthe transmission or distribution facility of the Franchisee is aerial and located on the transmission and distribution facility of a public utility providing telephone communications or electric services, and if a public utility relocates its transmission and distribution facility underground, the Franchisee shall In conjunction with the public utility underground relocation efforts, construct, operate and maintain all of its transmission and distribution facilities, or any part thereof, underground. Nothing contained in this Section shall require the Franchisee to constuct, operate and maintain underground anyground-mounted appurtenances such as Customer taps, line extenders, system passive devices (splatters, directional couplers), amplifiers, power supplies, network reliability units, pedestals, or other related equipment. The Franchisee recognizes that all public or private utility transmission and distribution facilities installed in a Meridian subdivision shall be placed underground unless the Cable ONE and the Meridian engineer both agree th~{to do so is unfeasible. B.Noiwithstanding anything to the contrary contained in this Section, in the event that all of the transmission or distribution facilities of the respective public utilities providingtelephone communications and electric services are placed underground after the effective date of this Franchise, the Franchisee shall only be required to construct, operate and maintain all of its transmission and distribution facilities underground if it is given reasonable notice and access to the public utilities' facilities at the time that such are placed underground. C. Meridian shall provide Franchisee with written notice afthe issuance of building m• development permits for planned commercial, industrial, office ar residential developments within the Service Area requiring undergrounding of cable facilities. Meridian agrees to require as a condition of issuing any permit for open trenching to any utility or developer, that the utility or• developer give Franchiseereasonableeccess to open henches for deployment of cable facilities and written notice of the date of availability of trenches. Such notice must be received by the Franchisee at least ten (10) business days prior to availability. 4.8 Required Extensions of Service, A. The Franchisee agrees to provide Cable Service to all the owners of improved property in the Service Area, subject to ttre density requirements specified in this Section. Whenever the Franchisee receives a MERIbIAN AGREEMENT 5 / request for Cable Service from a potential Customer in an un-served area where there era at least forty (40) separate or individual improved residential properties or units (for example a duplex would qualify as two (2) residential properties) within on (1) toile from the portion of the Franchisee's trunk or distribution cable which is to be extended, the Franchisee shall extend its Cable System to such Gttstomers at no cost to said Customers for the Cable System extension, other than the applicable installation charge, provided that such extension is technically feasible., Notwithstanding the foregoing, the Franchisee shall have the right, but not the obligation to extend the Cable System, into any area that does not otherwise qualify for extension of services. B. If a potential Customer resides in an area that does not meet the density requirements of Section 4.8 (A) above, the Franchisee shall only be required to extend the Cable System if the Customers in that area are willing to share the capital costs of extending the Cable System by making a capital contribution in aid of construction, including cost of material, labor, and easements. Specifically, the Franchisee shall contribute a capital amount equal to the construction cost per mile, multiplied by a fraction whose numerator equals the actual number of residences pet mile of its hunk or dishibution cable, and whose denominator equals 40. Customers who request service hereunder shall bear the remaining construction costs on a pro rata basis. The Franchisee may require that the payment of the capital contribution in aid of consteuction borne by such potential Customers be paid in advance. Customor shall also be responsible for any applicable installation charges to extend the Cable System from the tap to the residence. C. Franchisee shall not be required to offer Cable Service to individual ly rented units of a multiple dwelling unit ("MDU") within the Service Area unless the owner of the MDU consents in writing to the following: (i) to Franchisee's providing of Cable Service to individual units of the facility; (ii) to reasonable conditions and times for installation, maintenance and inspection of the portion ofthe Cable System on the facilitypremises; (iii) to reasonable conditions promulgated by Franchisee to protect Franchisee's equipment and to encourage widespread use of the Cable System; and (iv) to not demand payment from Franchisee for permitting Franchisee to provide Cable Serviceto the MDU and to not discriminate in rental charges, or otherwise, between tenants who receive Cable Service from the Franchisee and those who do not. 4.9 Service to Public Buildings. The Franchisee shall, upon request by and without charge to the building owner, provide; ono outlet of Standard Cable Services to those buildings owned or occupied by Meridian governmental agencies and public school buildings within the Service Area. Meridian shall not encourage the use of the Franchisee's Cable System in any manner that results in the Inappropriate use thereof or any loss or damage to the Cable System. Meridian shall hold the Franchisee harmless from any and all liability or claims arising out of the provision and use of Cable Service to Meridian governmental agencies required by this Section. If additional outlets of basic cable are provided to such buildings, the building owner shall pay the usual installation and service fees associated therewith, including, but not limited to, labor and materials. Meridian will not provide access to Franchisee's Cable Services to private tenants oftlrese buildmgs. 4.10 Permit Required. Franchisee shall secure ell necessary permits within the Public Ways within the Service Area sad shall be subject to all applicable ordinances. The Franchisee agrees to pay any land use fee resulting from their Initiation of any land use actions within Meridian. MERIDIAN AGREEMENT G 4.11 Emergency Use. The Franchisee shall wmply with the applicable rules regulations ofthe FCC regarding Emergency Alert Systems ("EAS") (47 C.F.R Fart 11). Franchisee shall transmit Federal, state and local EAS announcements, tests and messages. Meridian shall be permitted to use Franchisees EAS for emergency trse only when franchisee is not otherwise carrying emergency messages as required by the applicable FCC rules. Meridian shall permit only appropriately pained and authorized Persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of the Franchisee's Cable System in any manner that results is inappropriate use thereof, or any loss or damage to the Cable system. Except to the extent expressly prohibited bylaw, Meridian shall hold the Franchisee, its employees, officers and assigns harmless from any claims arising out ofMeridian's use of the EAS, including, but not limited to, reasonable attorneys' fees and costs, 4.12 Installation Map. Franchisee shall, at all times, maintain a complete interactive working map [s] showing the exact location of all the equipment of the cable system installed or in use in the streets and other public locations in Meridian, and the map [s] shall be accessible at normal business hours to Meridian for all proper purposes. Franchisee shall provide a protocol for providing Meridian mapping information after hours to address emergency circumstances requiring a mapping assessment. 4.13 Discrimination Prohibited. Franchisee shall not, because of age, race, creed, color, national origin or sex, unlawfully (i) refuse to hire or employ, (ii) bar or discharge from employment, or (iii) discriminate against any person in terms, conditions or privileges of employment. 4.14 Use of System by Meridian. Upon written notification from Meridian to the franchisee, Meridian shall have the right to make additional use, for any public purpose, other than direct competition with Franchisee, of any poles or conduits controlled or maintained exclusively by or the Franchisee iri any Public Way, proved that: (a) Such use by Meridian does not interfere with current of future use by the Franchisee. (b) Meridian holds the Franchisee harmless against and from all claims, demands, costs, or liabilities of every kind and nature whatsoever arising out of such use of said poles or conduits, including but not limited to, reasonable attorneys fees and costs, and at the Franchisees' sole discretion and upon written notification from the Franchisee to Meridian, Meridian may be required to either pay a reasonable fee or otherwise reasonably compensate Franchisee for the use of such poles, conduits, or equipment; provided that Franchisee agrees that such compensation or charge shall not exceed those paid by it or to it by public utilities pursuant to usual and customary co-location agreements in the Service Area. 4.14 Service Standards. The Franchisee shall maintain and operate its system and render efficient service in accordance with such rules and regulations as arc, or may be hereinafter promulgated by the FCC. 4,15 Local Office. Franchisee shall maintain a local office in Canyon County with telephone service and such staff as needed to respond to contact and inquhies from the Service Area. Office hours shall be 9:00 o'clock a.m. to 5:00 o'clock p.m. of each weekday, except when holidays fall on weekdays. MERIDIAN AGREEMENT 7 V. REGULATION BY MERIDIAN 5.1 Franchise Fee. The Franchisoo shall pay to Meridian a franchise fee equal to five percent (5%) of Gross Rovenues as defined by section I Definitions above, received by the Franchisee flromthe operation ofthe Cable System to provide Cable Services on asemi-annual basis. These two (2) payments shall be paid within 60 days after the end of each six month period during all the years for which the franchise is granted. For the purposes of this section, the semi-annualperiods applicable under this Franchise for the computation of the payments to the City of Meridian, shall be January 1 through June 30 and 7uly 1 through December 31 of each calendar year. 5.2 Rates and Chaeges. A. Meridian may regulate rotes for the provision of basic Cable Services and equipment as expressly permitted by applicable law. B. The Franchisee may charge a fee for the recovery of costs incurred to collect late payments for Cable Services if the following conditions have been met: (1) The Customer's bill sets forth when the fee will be assessed; (2) The fee is not assessed any earlier than the tenth (10"`) day after the due date as reflected on the Customer's bill; and the bill sets forth the amount of the fee. 5.3 Public Education and Government (PEG) funding. During the third (3~a), eighth (eu') and twelfth (12°i) years of the franchise term, Meridian may, upon ninety (90) days prior written notice to Franchisee, enter into negotiations with Franchisee to amend this Franchise Agreement to include a franchise provision for the collections of a separate line item on Customer invoices to provide funding for PEG as allowed by the then applicable federal laws. Franchisee agrees to provide ninety {90) days written notice to Meridian in the event of any pending changes to bandwidth in the Lifeline/Economy Service cable spectrum that would result in the preclusion of Meridian's ability to establish a PEG channel in the Lifeline/Economy Service cable spectrum (or Franchisee's most basic cable service offering.) Any fee imposed by the Franchisee that does not exceed $5.00 in 2011 dollars (as adjusted annually for inflation based on the Consumer Price Index) shall be presumed reasonable to cover the costs associate with the delinquent payment. The assessment of a fee pursuant to this Section shall not be construed as a limitation on the Franchisee's right to charge any other lawful fees or charges. VI. COMPLIANCE AND MONITORING The Franchisee agrees that Meridian, upon thirty (30) days prior written notice to the Franchisee, may review its books and records as is necessary to ensure compliance with the terms of this Franchise. Notwithstanding anything to the contrary set forth herein, the Franchisee shall not be required to disclose information that contains trade secrets or is proprietary or confidential in nature, nor disclose books and records of any affiliate. MERIDIAN AGREEMENT 8 r The Franchisee shall not be required to provide Customer information in violation of Section 631 of the Cable Actor any comparable state law or regulation regarding the protection of Customer privacy. Upon request by Meridian, the Franchisee shall furnish Meridian with a complete set of maps, including plans and profiles of the Cable System in format acceptable to Meridian's geographic information system (GIS) manage. The Franchisee shall not ba required to maintain any books and records for Franchise compliance purposes longer than three (3) years. VII. INSURANCE AND INDEMNIFICATION 7.1 Insurance Requirements. The Franchisee shall maintain In full force and effect, at its sole cost and expense, daring the term of this Agreement, commercial general liability insurance for the propose of protecting Meridian against liability for loss or damage, for bodily injury, property damage, personal injury, death, civil rights violations, and errors and omissions, relating to the operations of rho Franchisee under this Agreement or the Franchise. Such policy shall provide insurance against property damage in an amount not less than $500,000.00 and bodily injury with limits ofnot less $500,000.00 per person and $1,000,000.00 total for each occurrence; provided, however, the minimum limits of insurance as set forth herein shall be automatically increased at any time the liability limits of Meridian are increasedpursuant to the Idaho Tort Claims Act (Idaho Code Secilons 6- 901 et seg.). such insurance shall benon-cancellable except uponthirty (30) days prior written nofice to Meridian, All ofthe insurance policies shall contain provisions that the insurers shall have no right ofrecovery or subrogation against Meridian, or Meridian's insurer with regard to Ore aforementioned losses or damages. The Franchisee's certificates of insurance shall name Meridian and its officials, employees and agents as additional named insured and shall be endorsed to specify that such policies cover the liability assumed by Franchisee under this Agreement. Franchisee shall also secure and maintain at least the statutory amounts of worker's compensation, disability benefits, and unemployment insurance in accordance with the laws of the State of Idaho. Such insurance shall provide at least thirty (30) days written notice to Meridiao before such policy is suspended, canceled, amended or terminated. The Franchisee shall provide evidence of acceptable insmance at limits listed above to City Clerk, City of Meridian. 7.2 Indemnification. The Franchisee and its employees are not, under this Agreoment, employees or agents ofMeridian. The Franchisee covenants and agrees to indemnify, defend and hold Meridian harmless from and against any and all claims, demands, causes of action, suits, losses, liabilities, damages, costs and expenses, including attorney fees, that may accrue, directly or indirectly, by reason of any actor omission on the part of Franchisee, its agents, employees, assigns or anyone subcontracting with Franchisee, related to damages that arise out of the Franchisee's installation, construction, operation, or maintenance of its Cable System, to bodily injury, property damage, personal injury and death that arise out of the Franchisee's construction, operation or maintenance of the Cable System and to the provision of any service or duty under this Agreement. Franchisee shall have the duty to appear and defend any such demand, claim, suit or action on behalf ofMeridian, without cost or expense to Meridian. VII. ANNEXATION 1n the event Meridian annexes additional territory during the term of the Agreement, the Franchisee shall have the non-exclusive authority and privilege to engage in the provision of Cable Services, in the annexed territory subject to this Agreement, provided the service area boundaries are con~espondingly amended by way of a map MERIDIAN AGREEMENT 9 and legal description detailing the expanded area.ln the event that the newly annexed territory is already served by a facilities based cable services provider, Franchisee may choose to or refrain from overbuilding in consultation with Meridian based on business and/or financial considerations. IX.DEFAULT AND REMEDIES 9.1 Termination for Cause. Meridian may terminate this agreement for cause if franchisee substantially fails to perform or defaults on any of the material duties or responsibilities set forth in this agreement. 9.2 Corrective Action. If the Meridian City Council finds that Franchisee has failed to perform or defaulted on any or all of the duties or responsibilities set forth in this Agreement, Meridian shall provide Franchisee a written "Notice of Default" in accordance withparagraph 10.12 of this Agreement. The Notice of Default shall describe with sufficient detail Franchisee's failure to perform and/or default. Franchisee shall have a period of thirty (30) days fiom the receipt or delivery of the Notice of Default to correct the failure to perform or default. If Franchisee fails to correct the failure to perform and/or default with thirty (30) days, Meridian may terminate this Agreement and revoke the Franchise in accordance with the procedures described in paragraph 9.4 of this Agreement. 9.3 Enforcement. Subject to applicable federal and state law, in the event Franchisee is in default of any provision of the Franchise, Meridian may: A. Seek specific performance of any provision that reasonably lend itself to such remedy, as an alternative to damages; B. Commence an action at law for monetary damages or seek other equitable relief; and/or in the case of a substantial default of a material provision of this Agreement or the Franchise, seek to terminate this Agreement and revoke the Franchise in accordance with Section 9.4 of this Agreement. 9,4 Revocation. A. Should Meridian seek to revoke the Franchise after complying with the procedures set forth in Sections 9.2 of this Agreement, Meridian shall give written notice to the Franchisee of its intent to terminate this agreement and to revoke the Franchise ("Notice of Intent to Revoke") based on a substantial default of Inatetial provision of the Agreement or the Franchise. The Notice of Intent to Revoke shall contain the following: (1) A description of the specific nature of the default(s) (2) A statement of intent to revoke the Franchise; (3) A statement that a public hearing shall be held to consider the grounds for the termination ofthis Agreement and the revocation ofthe Franchise; and (4) The date, time and place of a hearing. The public hearing described herein shall be scheduled between ninety (90) days and one hundred twenty (120) days from the date of the Franchisee's receipt of the Notice of intent to Revoke. (5) The Franchisee shall, within ninety (90) days from the receipt of the Notice of Intent to MERIDIAN AGREEMENT 10 revoke, indicate whether it accepts the Notice of Intent to Revoke, or if it wishes to proceed to hearing. If it wishes to proceed to hearing, it shall provide, in writing, its objections to the Notice of Intent to Revoke together with all supporting evidence. B. At the designated hearing, Meridian shall give the Franchisee a full and fair opportunity to state its position on the matter, including without limitation the right to introduce evidence, to require the productions of evidence, to question witnesses and to obtain a transcript ofthe proceeding, after which Meridian shall determine whether this Agreement shall be terminated and the Franchise revoked. C. Meridian may, at its sole discretion, take any lawful action that it deems appropriate to enforce Meridian's rights under the Franchise in lieu of revocation of the Franchise. D, The Franchisee may appeal any determination of Meridian to an appropriate court, which shall have the power tc review the decision of Meridian on the record. Such appeal to the appropriate court must be taken within sixty (60) days ofthe issuance of the written determination made by Meridian. X.MISCELLANEOUS PROVISIONS 10.1 Paragraph headings. The Headings in this Agreement are inserted for convenience and identification only and are in no way intended fo describe, interpret, define or limit the scope, extent or intent of the Agreement or any of the provisions of the Agreement. 10,2 Provisions Severable. Every provision of this Agreement is intended to be severable. If any term or provision hereofIs illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. 10.3 Rights and Remedies are Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of anyone right or remedy by any party shall not preclude nor waive its rights to use any or all other remedies. Any rights provided to the parties under this Agreement are given in additionto any other rights the parties may have bylaw, statute, ordinance or otherwise. 10.4 Attorney's Fees. In the event of any dispute with regard to the interpretation or enforcement of this Agreement, the prevailing party shall be entitled to recover its reasonable costs and attorneys fees whether or not a lawsuit Is actually filed, and on any appeals, end in any bankruptcy proceeding. 10.5 Successors and Assigns, This Agreement and the terms and provisions hereof shall inure to the benefit of and be binding upon the heL•s, personal representatives, successors and assigns of the parties hereto. 10.6 Entire Agreement. This Agreement contains the entire agreement between the parties respecting the matters herein set forth and supersedes all prior agreements between the parties hereto respecting such matters. MERIDIANAGREEMENT 11 10.7 Preparation of Agreement. No presumption shall exist in favor of or against any party to this Agreement as a result of the drafting and preparation ofthe document. 10.8 No Waiver. No waiver of any breach by either party of the terms of this Agreement shall be deemed a waiver of any subsequent breach of the Agreement. 10.9 Counterparts. This Agreement maybe executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10.10 Amendment. No amendment of this Agreement shall be effective unless the amendment is in writing, signed by each of the parties, after properpublic noticing procedures. Neither party may unilaterally alter the material rights and obligations set forth in this Agreement. 10.11 Savings Clause. If any of the provisions of the Agreement shall be held to be unenforceable or unconstitutional, the remaining provisions shall remain enforceable. 10.12 Notices. All notices and demands of any kind which either party hereto may be required or desires to serve upon the other patty under the terms of the Agreement shall be in writing and shall be served upon such other party by personal service, or by leaving a copy of such notice or demand at the address hereinafter set forth, whereupon service shall be deemed complete, or by mailing a copy thereof by certified or registered mail, airmail if the address is outside the state in which the same in mailed, postage prepaid, with return receipt requested. addressed as follows: MERIDIAN: City of Meridian c/o City Clerk 33 E Broadway Ave Meridian, Idaho 83642 FRANCHISEE: Cable ONE 1314 N. 3`a Sheet Phoenix, AZ 85004 Attention: john Gosch VP West Division Incase of service by mail, it shall be deemed complete on the day of actual delivery as shown on the addressee's registry of certification receipt or at the expiration of the third day after the date of mailing, whichever first occurs. The addresses to which notices and demands shall be delivered or sent may be changed from time to tune by notice served as hereinabove provided by either party upon the other party. I MERIDIAN AGREEMENT 12 10.13 Assignment. (a) Assignment or Transfer. This Franchise shall not be assigned or transferred without the prior approval of Meridian which shall not be withheld unreasonably. The purchaser, assignee, or transferee must demonstrate to the satisfaction of Meridian, its fmancial and technical ability to operate and maintain the System. (b) Notice. The Franchisee under this document shall give Meridian written notice of any proposed pturchaser, assignee, or transferee of the Franchise and should Meridian fail to call a meeting of the City Council to consider and act upon such proposed sale, assignment or transfer within sixty days following receipt of written notice of such proposed sale, transfer, on assignment, Meridian shall be deemed to have consented to the proposed sale, transfer, or assignment. (c) No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Franchisee in the Franchise or Cabla System in order to secure indebtedness. 10.14 Force Majeure. Neither party shall be liable fm• failure to perform hereunder, ht whole or in part, due to contingencies beyond the party's reasonable control, including butnot necessarily limited to acts of God, the public enemy (including acts of terrorism), fire, floods, epidemics, earthquakes, quarantine restrictions, and strikes not created by Franchisee, whether now existing or hereafter created. 10.15 Compliance with Laws. Franchisee shall comply with all applicable federal, state and local statutes, laws, rules, regulations and ordinances, including the Federal Occupational Safety and Health Act of 1970, as amended. Excluding Meridian's lawful exercise ofpolice powers related to the use and occupation ofthe Public Way, if a local statute enacted subsequent to the effective date of this agreement conflicts with the terms of this agreement, the terms of this agreement shall prevail. 10.1 G Publication Costs. Franchisee shall assume all costs of publication required by law for the grant ofthe Franchise. MERIDIAN AGREEMENT 13 IN WITNESS WHEREOF, the parties hereto have executed this Franchise Agreement on the day and year first above written. ~~~~Q ATTEST: By Mayor ~D~geD AUCG~! f4 ~0 (ryly, of .S '~ I v 1 City erk ~ J ~ ~AUa. ~'~"-'D`~ FRANCHISEE Cable One, Inc. By: Name~,~s.~~i~~v~ ~/" ,Title: !// U~ .~~i~U/r~«.i' Meridian City Council Meeting DATE: January 24, 2012 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS l