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2012-09-11
C�WEFIDIAN*,--- IDA&iQ CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, September 11, 2012 at 3:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Approve Minutes of July 17, 2012 City Council PreCouncil Meeting B. Approve Minutes of August 28, 2012 City Council PreCouncil Meeting C. Approve Minutes of August 28, 2012 City Council Regular Meeting D. Approve Minutes of September 4, 2012 City Council Regular Meeting E. Memorandum of Agreement with City of Boise and Ada County for Shared Use of Countywide Address Data F. Approval of Award of Bid and Authorize the Purchasing Manager to Issue and Sign a Purchase Order for "900 MHZ SCADA Radios to Applied Technology Group" for a Not -To - Exceed Amount for $52,592.00 G. Storm drain Easement with Ada County Highway District (ACHD) for the Meridian Parks and Recreation Maintenance Facility Meridian City Council Meeting Agenda — Tuesday, September 11, 2012 Page 1 of 2 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. 5. Items Moved From Consent Agenda None 6. Department Reports A. Police Department: Strategic Plan Update B. Mayor's Office: Resolution No. 12-869: Re -Appointing Robert Corrie to Seat 2 and Cheryl Caldwell to Seat 3 of the Solid Waste Advisory Commission Approved C. Mayor's Office: Resolution No. 12-870: Re -Appointing Matt Stoll to Seat 7 and Kent Goldthorpe to Seat 8 of the Parks and Recreation Commission Approved D. Community Development: Energy Grant Completion E. Legal / Community Development / Public Works / Parks Department Report: Downtown Core Sidewalk Facility Standards Update - Proposed Draft Title 8, Chapter 1 Ordinance and Proposed City of Meridian Improvement Standards F. Purchasing Department: Update of Construction Review Committee Findings and Recommendations G. Legal Department: Discussion Regarding Standard Operating Policy and Procedure Number 4.3.1. Leave Pool for Family Medical Leave Act (FMLA) Qualifying Event H. City Clerk: Discussion on Process for Approving Alcohol Related Licensing and Permits I. City Clerk: Discussion on Update to City Clerk's Fee Schedule J. Legal Department: Discussion and Resolution No. 12-871: Declaring the Intent of the City of Meridian to Convey to the Ada County Highway District for Right of Way Purposes a Portion of Certain Real Property Located at 1700 E. Lanark Street, Meridian, Idaho; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance; and Providing an Effective Date Approved 7. Future Meeting Topics None Adjourned at 4:40 p.m. Meridian City Council Meeting Agenda — Tuesday, September 11, 2012 Page 2 of 2 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 Workshop September 11, 2012 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, September 11, 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, Bruce Chatterton, Pete Friedman, Bill Parsons, Warren Stewart, Steve Siddoway, Jeff Lavey, Mike de St. Germain, Keith Watts, Mark Niemeyer, 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: Okay. I will go ahead and call the regular meeting or workshop for City Council to order. For the record it is Tuesday, September 11th. It's two minutes after 3:00. We will start with the roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Well, the date is September 11th and certainly that puts new meaning or extra meaning behind the Pledge of Allegiance. If you will rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple things to note on the agenda. Under Item 6, Department Reports, 6-13 is resolution number 12-869. 6-C is resolution number 12-870 . 6-J is resolution number 12-871. So, with those noted, Madam Mayor, I move adoption of the agenda as printed. Zaremba: Second Meridian City Council Workshop September 11, 2012 Page 2 of 30 De Weerd: I have a motion and second to adopt the agenda as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 4: Consent Agenda A. Approve Minutes of July 17, 2012 City Council PreCouncil Meeting B. Approve Minutes of August 28, 2012 City Council PreCouncil Meeting C. Approve Minutes of August 28, 2012 City Council Regular Meeting D. Approve Minutes of September 4, 2012 City Council Regular Meeting E. Memorandum of Agreement with City of Boise and Ada County for Shared Use of Countywide Address Data F. Approval of Award of Bid and Authorize the Purchasing Manager to Issue and Sign a Purchase Order for "900 MHZ SCADA Radios to Applied Technology Group" for a Not -To - Exceed Amount for $52,592.00 G. Storm drain Easement with Ada County Highway District (ACHD) for the Meridian Parks and Recreation Maintenance Facility De Weerd: Item 4 is the Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and the Mayor be authorized to sign and the Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please call roll. Meridian City Council Workshop September 11, 2012 Page 3 of 30 Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 5: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Department Reports A. Police Department: Strategic Plan Update De Weerd: We will move to Item No. 6 under Department Reports. We have the chief here with us to give their strategic plan update from the Police Department. Lavey: Madam Mayor, Council, thank you for the opportunity to speak today. As you alluded to it in the Pledge of Allegiance I would just like to offer this slide before I start my presentation today. As you know this morning we did a 911 ceremony for our fallen brothers and sisters in police, fire, EMS, and in the military service who have given the ultimate sacrifice and we'd just like to recognize the fact that they have not been forgotten. And as my colleague asked me from the fire services earlier today about whether I had put in a slide on the Fire Department as we try to one up each other, I think he was a little paranoid that I was going to put something bad. But this was sent to me from a colleague from the national academy from their ceremony that they did today in Arizona and at first I put the slide in there because I saw the fire engines and, then, I realized that there is police cars to the left and to the right of the engines and going along with our partnership that the police and fire share, I just thought it was an appropriate picture, especially for the date today. You want to object? Niemeyer: No objections, Madam Mayor. Lavey: Now, Mayor and Council, the other thing that my colleagues have been asking me today is how long is your presentation going to be. I think they looked at the agenda and realized it was probably going to be a pretty short Council meeting and they were worried that the chief was going to talk for an hour or an hour and a half. I will tell you that my presentation is approximately one half of what Public Works usually is and it's 20 slides. But out of those 20 slides only about 15 of them have substance. Really the purpose today is just to give you an update of what's going on in the Police Department and, then, give Council an opportunity to ask questions. But first I need to brag a little bit about the department. It's because of the men and women that work for the police department that their demonstrations, their pride and professionalism they display to our community is what equally makes me successful and I can tell you that I would not survive without them and really the thanks and the gratitude goes to the men and women that work for the Police Department. About the team. As Meridian has rapidly Meridian City Council Workshop September 11, 2012 Page 4 of 30 grown over the years I can tell you that when I came to Meridian there was, in 1997, approximately 31,000 people and I was the 34th police officer. Today you have 87 police officers serving the community, 24 support members, and four part-time members, which make up 115 employees in the Police Department. We are broke down into four major divisions. Administration, patrol, criminal investigations, and community services. Your command staff is made up of myself, Deputy Chief Tracy Basterrechea, Lieutenant John Overton oversees community services, Lieutenant Scott Colaiani -- Scoot. I just saw that. We call him Scooter. And he's not here to hear it. Uniform patrol. Lieutenant Jamie Leslie in uniform patrol. And, then, Lieutenant Mike de St. Germain who is sitting to my right in investigations. Give you a little update on staff allocations. We currently have one open animal control position that we are getting ready to interview for. We have two open patrol positions. Out of those open patrol positions I have offered a conditional job offer to a lateral from Owyhee county. He accepted and I just got word from HR that he's going to start on the -- I wrote the 25th, but I believe he's going to start on the 24th. And one patrol position is in the background process. It's an individual lateral officer from California. And, then, one position has not been posted yet. Out of all the other positions they are currently filled. Included in a packet I put at your workstation I provided some crime rates, crime statistics. I provided the 2011 yearly statistics and I have provided the first half of 2012 crime statistics and the one thing that really stuck out was that crime against persons is down approximately 1.2 percent and that Meridian continues to -- continues to maintain a low crime rate within our community. As you go through those numbers if there is specific questions you may have either from today's presentation or later on feel free to just shoot me an e-mail or ask me when you see me. These are the types of crimes that we deal with. These are the number one -- or top few is property and society crimes. Crimes against society are the drug -type crimes, the DUI -type crimes. But theft, DUI, simple assault, which is usually out of domestic. Drugs and DUI are the most common crimes that we respond to within our city. The impact team. You have heard me talk about this probably in the past and this is probably one of our -- my proudest units. They are all equally special, but this one was a -- an implemented team that -- kind of a new strategy that we put together to provide proactive problem solving and proactive enforcement within our community. This was implemented in October of 2001 after we received a federal grant for a hundred percent of officer wages for three years. Out of that unit we have the four officers, plus a sergeant, a corporal, and a crime analysis person -- crime analysis person assigned to that unit. To date -- oh, let me back up just a minute. In your packet you will also have some -- some Impact Team statistics from September to April of 2012, then, I also have some additional updates here of what we have done since April. But to date the Impact Team has far exceeded the expectations of the Police Department. They have served 26 search warrants, they have made 171 arrests, recovered approximately 54,000 dollars in property, seized 50 pounds of marijuana and have seized approximately 15,000 dollars in cash. Also this past weekend they were also able to shut down a jewelry and precious metals coin buying operation where the guy decided he didn't want to follow the Meridian rules. We made contact with him several times before he finally got the idea that he might want to leave town. I apologize now to Caldwell, because that's where he went. Since April of 2012 we have recovered approximately 19,000 dollars in prescription medications, Meridian City Council Workshop September 11, 2012 Page 5 of 30 18,000 dollars in marijuana, 13,000 dollars in Methamphetamines, a small amount of heroin, and a small amount of bath salts. So, I believe it goes without saying that our Impact Team is successful. I want to talk a little bit about what's happening within the Police Department. For several years we had a part-time bicycle unit. The bicycle unit was made up of SROs in our schools on summer vacation, so we would put -- split them up, put some in investigations, put some on bicycles during the summer vacation. They were so successful that we saw a need that maybe we should have bicycle units out there full time and this year we have actually been able to implement a full-time bicycle program. So, they will run approximately the same time frame that our motorcycles run. There will probably be about six weeks to eight weeks out of the year that they will not be out there because of inclement weather. Other than that they will be out there at all times. A couple things for the community, just to announce. The Public Safety Day that we have done every October for the last several years will be coming. Chief Niemeyer, do we have a date for that yet? I put to be announced, because him and I were -- our staff hadn't told us what the date was yet, so as we get that we will publicize it in our newsletter and others. And, then, I had to go -- I put this stat in there because I can hardly believe this, but we are going to be starting our 11th public safety academy in the spring. Time goes by real fast. De Weerd: And if you haven't taken it, we would encourage you to sign up. Lavey: And it's free. A few other things. With the Council approval of the part-time volunteer position, moving into full-time for FY -13, we are implementing our volunteer park patrol program and if Council recalls and others -- and the audience may not recall -- really what we are doing is we are going to put citizen volunteers within our parks to be our eyes and ears to provide feedback to both the Parks Department and to the Police Department as far as happenings that are going on and really to kind of act as an ambassador to the city while they are in the parks as well, making sure people know where they need to go and what the rules are and such. Barbara Hatch is actively recruiting. In fact, today at Coffee With The Mayor I saw a poster that she was seeking recruits even this morning. You have heard us talk about ITS in the past. ITS stands for Incident Tracking System. This is an in-house report writing program that was written by Mike Tanner with our IT Department and I will put the pitch in now, we cannot lose Mike. He has been phenomenal in what he has done for not only the city in general, but as the Police Department. But Mike Tanner wrote a report writing program where a vender had quoted us approximately 600,000 dollars to sell us one and Mike wrote that. What's unique about that is that we now share that same program with Ada County and with Boise police and so all three agencies are operating on the same report writing system and have the same access to all records. As I mentioned I believe during the budget process we had put together a proposal to have an interface between our records system -- I mean report writing system and our records management system. Excuse me. New World is a third -- is another vendor that provides our records management system and we have started to write a program where the two of them will actually talk with each other. This significance about that is once you put the data into one, you don't have to enter it ever again, it transfers to the next -- next program. Then I want to talk a little bit about the e -ticketing mobilization. We had Meridian City Council Workshop September 11, 2012 Page 6 of 30 attained a grant from the Office of Highway Safety to start an electronic ticketing program and, essentially, what this is a paperless ticket program -- mostly paperless and I'll explain in just a moment. This grant was 80 percent funded. However, they had -- we saved them so much money they pretty much covered all of the cost. We didn't have to use the match. Oh, let me back up to the ITS interface system. The city had approved approximately 27,000 dollars for that interface, which was one-third of the cost. I went back and found that I still had monies for a grant that I had not spent and it totaled about 26,000 dollars. So, I think it's only going to cost the city about 1,000 or 1,200 dollars for that interface. Back to the e -ticketing. We had been testing those for several months and traffic unit has been operating with it for the last several weeks and, then, just this week we have started training so the entire department will be on the e -ticketing program. The way this works is that it's tied into our records management system, tied into our computer system and we have a scanner in the car that scans the bar code on the back of the ticket, captures everything that's on that card and puts it onto the computer. The officer can go onto the computer with a mouse and make a couple little clicks as far as citation code, everything else -- fines and everything else is built into it, populates the entry and it prints out a paper copy that kind of looks like a Costco receipt. It's about that long and that is what the violator is given and there is no other paper on that process. What's unique about that is once the officer gets back to the station the wireless system automatically downloads that information into our records system, which, then, downloads it into the iStar system, which is the state court system. There is no data entry on the part of city staff. There is no data entry on the part of Ada County staff to get into the iStar system. The unique thing about that is that we also can do crashes through e -ticketing and we are finding that we are writing tickets on crashes and we are getting calls from the prosecutor asking where is the report and the officers are still on the scene of the crash. That's how fast it is transferring the data now. The nice thing about it is it's not only us cutting back on the paper, but it also cuts back on errors in data entry. So, that should be up and running real fast. I can tell you that the fastest ticket is 47 seconds right now. So, hopefully, we won't see an increase in tickets, that's not the point, but that just illustrates how simple this system is. Some process improvements within the police department. Last year at the budget process I asked for an enhancement to revamp our policy manual and I was expecting this to be about a six or eight month process, excuse me, but it's been delayed by a couple months. Part of that has to do with the lieutenant that was in charge of the project decided to break his leg while skiing, but the other part of it is we have not revamped our policy manual for multiple years and the nice thing about this one is we can call it ours. It's not one that we have inherited, it's not one that we have patch worked together, it is our policy manual. It's been about a year long process by the time we finish next month. The nice thing about it is that it coincides with state accreditation. I sit on the state accreditation board for the police department in Idaho -- or the police association in Idaho and one of the embarrassing things for me is that I sit on this committee, yet my department is not accredited. So, we have worked really hard to get this done and we anticipate that will be completed by spring of 2013. Really part of the delay there is you have to implement some of these policies and follow some of these policies in order to be accredited for them and so I can't get accredited at the same time, because we haven't implemented the policies yet. This is one of the -- one of our Meridian City Council Workshop September 11, 2012 Page 7 of 30 proud moments as we have a current plan to -- I put in here partnerships between code enforcement and community development and we have really had that partnership for a long time. With the joining of that department and it being one entity we felt that it would be beneficial to get the leaders of the police department code enforcement and community development together to really strategize how to improve, how to become more efficient, to be proactively compliant and -- and proactive in enforcement and we I believe are scheduled to meet in the morning on that one. I know it was delayed once because of something, but I believe the meeting is at 10:30 tomorrow morning to work on being better. I was going to talk just briefly -- I know that ought to be a surprise, but it is briefly on the training center. There has been a lot of developments on partnerships with ISP, with POST, some of the things that they are doing as far as some property purchases, some strategizing between the city and them. The Mayor and I recently met with some -- another potential partner and made a proposal to them to maybe join us. They have to do some penciling some numbers and everything else and really have given them a deadline of -- of March. Come March of 2013 it really is kind of the drop dead date where we need to really decide what direction we are going to go. So, sometime between now and March of 2013 1 will probably come in front of Council and give you an idea of where we are sitting and where we propose to go or not go. I believe -- this may be one of the last slides and the purpose is is this may -- it may generate some discussion, but first I wanted to tell you that our animal shelter that we currently have within the City of Meridian is too small. We have outgrown it. We are also in the process of -- I won't say being evicted, but it's definitely in the -- in the way of the site plan for the Public Works Department to expand the facility out there. I know with the current expansions I think we are taking up parking space, but eventually we are also going to be taking up building space. So, we have really been trying to figure out where do we go, where do we head. But first I want to tell you that we could not do what we do without the citizen volunteers that we have out there. We have approximately 70 volunteers at any given time and when you calculate the hours that they put into that facility it would equate to about seven full-time positions for the City of Meridian. Now, the problem that we have had is that we get a lot of people that get burned out and it's a constant struggle to keep good people out there. It's a constant struggle to keep that shelter running. So, the question is what do we do for the future. One of the things that the Mayor and I and the police staff have done is gotten together and kind of strategized some things to possibly do, but we really have come to the understanding -- the agreement, I guess, or kind of leading toward the fact that it doesn't make any sense to build a new shelter if IHS is going to build a new shelter, which they have talked about. Idaho Humane Society. IHS. So, trying to get a commitment out of them, we have a rough idea of what their plans are, what their thoughts are, but -- or visions are I should say, but it really all is based upon fundraising and community support. So, I wouldn't see a new facility anytime soon, but once they do build a new facility I would say that that facility is -- there is a great chance that it's going to be right near or in Meridian, which would not make any sense for us to have one and for them to have one. The other thing that we have done in the negotiations with our discussions with them is based on the current number of dogs that we take in, IHS has current space for. So, they could take us over today -- it really just comes down to dollars and cents. One thing in our discussions is that if they were to take over shelter duties they Meridian City Council Workshop September 11, 2012 Page 8 of 30 would also like to have control of the animal control part of it, too, to be as efficient as possible and -- and do all of it. They gave me about six months before they would -- they would feel comfortable in giving me some numbers and stuff and so I throw that out there, a possibility of outsourcing IHS. One of the things that you have to look at is that we probably do it cheaper right now, but we only do it cheaper because we have seven full-time positions that we don't pay for. In order to be efficient and effective we really need to do something, whether it's outsourcing or whether we do it in-house and I dare mention this, but I will mention this, is that if we did outsource it they would do cats, which I know is a hot topic of discussion a couple times -- De Weerd: Maybe we should have a leash law. Lavey: A couple times a year. We will have one as soon as we find someone else to outsource it. That is the conclusion today with what I wanted to talk about, some of the happenings going on in the Police Department. I open it up for any questions that Council may have, any comments Council may have, either what was discussed today or anything else that you would like. De Weerd: Thank you, chief. Council, any questions? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I don't have a question, I just want to compliment the chief and his staff for the way they have conducted business and taken care of watching the community in rough economic times, it makes it tougher on you guys. I just want to thank you and all your employees for a well done job in my opinion. Lavey: Thank you. I will pass that onto them. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would add to that that as I talk to people out in the community there is a great deal of respect for our police department and they appreciate the way that the department works and the attitude of the people they run into and it's going great. Lavey: As much as I would like to think that we are perfect I know that we are not, but I do appreciate those comments. Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council Workshop September 11, 2012 Page 9 of 30 Hoaglun: Not getting off so easy with me. No. What they have said is very true. We have some great -- great police officers, great city employees, and really appreciate what they do. Just to bring up the topic, because I just want to get your feedback with our police dogs and training facility also doubling as a dog park, how are we doing with that. Still a struggle? Sorry. I had to ask. Lavey: Madam Mayor, Council, I was going to put a slide in there that said dog park and I decided not to, because it had been quiet and it seemed like it was going fairly well and I didn't want to bring up any controversy that wasn't there. But I will share with you that the dog park is on a piece of property that is adjacent to the police department that will someday not be there, it's a part of the expansion of the facility and there has been a lot of rumors out there about when that's going happen and somebody decided to go post signs up that said this dog park is closing and contact the Parks Department and voice your complaints. Now, I accused Scooter Scott Colaiani of that -- that sign, but he was in Italy at the time, so it wasn't him. It's not working well, because the intended purpose of the space was to train the police dogs. Anytime we make any adjustments or close the park it involves complaints and we have decided that it's just not worth using that space anymore for the canine facility, because it generates complaints. So, as a dog park it is working quite well. For the intended original purpose it's not working well. I will also tell you that we had a federal grant that purchased about 15,000 dollars in physical agility equipment for the canines and for canine competitions. Those are still sitting in the crate, because I have no place to set them up. So, it's working. It's not working the best, but it's working. Hoaglun: Okay. Different question, Madam Mayor and chief. What is accreditation? You talked about that and different things. What does accreditation do for us? Can you give me some examples or -- I mean these guys are a good department, they operate very well, will we operate even better or what does it do for us? Lavey: You know, really it comes down to a sense of pride and you can say that we have adopted a certain set of standards and we follow those standards. These are the standards that leaders in the community agree that this is the best practices and that we follow those best practices. It talks about uses of force, it talks about missions, and all those -- equipment and those sort of things. So, it really comes down to a sense of pride. When it comes down to a sense of liability, you can actually say that we are operating in a manner for which has been adopted as the best practices for the state or for the region or whatever else. It's not really going to have any significant liability savings, but it may have something -- some savings in fiscal risk management down the road. There is several types of accreditation. One is CALEA standards and, forgive me, I forget what CALEA stands for, but it's based upon about 400 different sets of criteria, including what color your police department is, what color -- what -- how many shrubs you have out front and everything else and it involves about 11 or 12 thousand dollars and so the state of Idaho recognized that, you know, it's not about how many trees we have planted out front and it's not about what color the building is, it really comes down to substance about do we have plans in place to deal with emergencies, do we have rules in place and policies in place on proper procedures and arrests and Meridian City Council Workshop September 11, 2012 Page 10 of 30 those sort of things and so they dwindled it down to about a hundred standards that we must follow in the state and these are really kind of the most important standards and the key thing is they have done it for less than 400 dollars for five years. So, it really comes down to a fiscal management sense. You can go through a lot of hardships and a lot of money to get CALEA and be nationally accredited, but on a state level we can do it much much cheaper. But it really comes down to a sense of pride, a sense of quality mainly and that it might have some sort of risk management impact lesson that's down the road. Hoaglun: Okay. Thank you, chief. De Weerd: Anything further from Council? Thank you, chief. Lavey: But the tough questions come then. Thank you. B. Mayor's Office: Resolution No. 12-869: Re -Appointing Robert Corrie to Seat 2 and Cheryl Caldwell to Seat 3 of the Solid Waste Advisory Commission C. Mayor's Office: Resolution No. 12-870: Re -Appointing Matt Stoll to Seat 7 and Kent Goldthorpe to Seat 8 of the Parks and Recreation Commission De Weerd: And those will come from Ralph. Okay. Our next item is Item B and C. Council, you do have two resolutions in front of you to reappoint members to our Solid Waste Advisory Commission, as well as two seats to our Parks Commission. On the Solid Waste Advisedly Commission both are returning, that's why it says reappointing. Cheryl Caldwell was the most recently added member and Bob Corrie has been on there for several years. I would entertain any questions on Item 6-B. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of resolution number 12-869, reappointing Bob Corrie to seat two and Cheryl Caldwell to seat three of the Solid Waste Advisory Commission. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 6-B. Madam Clerk, roll call. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Meridian City Council Workshop September 11, 2012 Page 11 of 30 De Weerd: Item No. 6-C, as you know I just had appointed Kent Goldthorpe. His seat was up just a couple of months later, but they are both interested and eager to serve. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of resolution number 12-870, reappointing Matt Stoll to Seat seven and Kent Goldthorpe to seat eight of the Parks and Recreation Commission. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 6-C. Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT, D. Community Development: Energy Grant Completion De Weerd: Item 6-D is under Community Development and you have an update on the energy grant and that it's been completed. So, Pete, I'll turn this over to you. Friedman: Thank you. Madam Mayor, Members of the Council. Yes. I'm happy to report that our seven energy grant projects have been completed. As you know, the city was the recipient 608,000 dollars in energy efficiency block grant funds. To date we have expended 606,678 dollars of those funds. We have until September 24th of this month to complete the projects and those projects are done. The thing left ahead of us now will be going through the Department of Energy close out process, which I don't think we would be able to do without all the help that we have had from Todd and Jenny in Finance. They have been real -- real good partners in this. There is just a lot of reporting and a lot of numbers that flow back and forth and we couldn't have done it without them. What I wanted to say is that while we left a little money on the table, that's okay, because as you will see in a moment in my presentation we have managed to leverage these grant funds and squeeze out another 146,000 dollars in favor of the city through the projects that we have undertaken and that's primarily been through the Idaho Power rebate program. Most of the projects the public aren't going to notice. I mean they are not going to notice the motion sensors in the fire stations. They might notice the -- replacing the light elements along Main Street, but probably not. However, one -- and particularly one big bang for the buck was the replacement of the turbo blowers out at the treatment plant. That was huge and the savings are just -- I mean we are starting to realize now -- and I will share that in a moment -- that is a huge savings Meridian City Council Workshop September 11, 2012 Page 12 of 30 for the city. So, all in all we tried to spread the funding around the city departments on seven different projects giving everybody a little bit of each and I think it's been a -- you know, we talked about stewardship, well, it's been not only stewardship of resources, but I think a stewardship of wise use of our public dollars and being able to leverage those and put it back into some of the city programs. So, it's hard to believe that it's been three years to get to this point, it just has flown by, but -- particular since we were kind of late out of the blocks, but once we got going we got going. So, as you know we started -- hired a consultant to develop our long range energy efficiency conservation strategy and in that we went through a process where we identified 31 total projects for consideration. Council ultimately picked seven that we were going to use these grant funds for. There were a number of criteria we employed and I will just start in no particular priority. This was the last project completed and this was the recondition of the police department building. The cost is 120,000 dollars. We anticipate the pay back would be 12 to 13 years, although we are in the process of putting through the paperwork for a 12,000 dollar Idaho Power incentive. One of the big advantages for this is the contractor was Climatec, which was the same contractor that helped us out with our HVAC system here, so we have a similar system over there, so now all our systems talk to one another, we don't have multiple systems. Eric can monitor all of them, we have familiarity with them, that was a big advantage, both from an operational standpoint and since it's such a new project I can't -- I don't have much anecdotal evidence. One of the things the consultant said all along was, yeah, you might achieve some efficiencies over there, but more than that you will achieve more operational and, hopefully, I don't know, better comfort for the employees in the police department. But, again, we have just come through the end of the cooling season, we will see how it works during the heating season. The next one, as I mentioned, was the replacement of the light elements in the light standards along Meridian Road -- I'm sorry. I should say Main Street to Fairview. A hundred and seventy-five new light elements were installed at a cost of 33,000 dollars. We are anticipating an annual dollar savings of 6,000 dollars a year, but the other benefit is the lifespan of these new types of light elements. Whereas before the old fixtures were having a life span of about five years, we are projecting a lifespan of 11 years. So, there is maintenance savings there. We also were able to pick up some savings with the contractor, so we not only replaced the lights along Main Street, we actually replaced all the light elements in the City Hall courtyard. So, those have been included with this project. We changed out the light switches and motion sensors in all fire stations, as well as the fire safety center. Savings are so far -- again, most of these projects are so new, so the savings, as we are starting to track them, are about 1,900 dollars a year. We did receive 5,200 dollars back from Idaho Power in incentives for this project. This is probably the one where the public will actually see something that was done with this money. We -- we spent 52,000 dollars for designing the segment of the Five Mile Creek pathway between Ten Mile and Linder and we spent about 12,000 dollars actually connecting the Fothergill pathway up there near the Fothergill Subdivision. So, that was a physical improvement right there and we also now have construction documents that will allow us to move forward with that section of the Five Mile Creek pathway. And this was, again, the really big ticket item, this was the replacement of equipment out at the sewage treatment plant with turbo blowers, getting rid of some of those old inefficient pumps and getting these. Meridian City Council Workshop September 11, 2012 Page 13 of 30 The cost of just the blowers alone was about 280,000 dollars. The grant provided 175,000. Idaho Power is contributing 125,000 to that through an incentive program. Just initially we are starting to see that it's already saving over 2,000 dollars a month and there are still getting operational out there. I talked to Clint Dolsby the other day, they finally just finished programming what they need to program, the software on the actual pumps, so they can actually monitor how much energy they are using with those pumps. But that was -- that was the big ticket item in terms of not only cost for a single project, but the largest savings, because, of course, the wastewater treatment plant is our biggest consumer of electricity and natural gas. We also changed out the lighting at the wastewater treatment plant. They had old fixtures and so forth. We installed 37 new fixtures. They put in 59 motion sensors. They also replaced a couple of exterior lights and, again, based on the paperwork that we put through to Idaho Power, the anticipated cost savings would be about 1,700 dollars a year. We did received a check from Idaho Power for 3,600 dollars. So, the incentive I mentioned -- we have 12,000 pending for the police department. We received 5,700 for the fire station. If you incorporate the 125,000 that Idaho Power is going to kick in for the turbo blowers and, then, the 3,600 dollars for the lighting at the wastewater treatment plant, we have managed to leverage that to be about 146,000 dollars. Of that amount 21,000 of it will actually go back into the city funds and the 125,000 will go towards the turbo blowers. So, what's next? So, we have a spreadsheet of projects that are included in the energy strategy that Council adopted by resolution and so I expect that next year come budget time and CIP time we will probably want to take that out. A large number of these projects will fall on Public Works, but we probably will want to dust this thing off, take a look at it, it is intended to be -- well, now it's a seven year plan, it was supposed to be a ten year plan, and see what -- you know, what we can do to further increase, you know, our energy conservation program in the city. So, with that I'm happy to answer any questions. De Weerd: Thank you, Pete. Any questions from Council? Bird: I have none, Mayor. De Weerd: No? I would like to extend our thanks, but as you have mentioned it was a ten year plan, it was executed, we didn't hear any problems so to speak. But I appreciate the execution and probably at some point it needs to be updated on some of those projects that were identified that were not able to cover in the grant and see how we want to have a conversation about looking at what's next. Friedman: Be happy to set that up, Madam Mayor, and probably get a couple of the affected departments involved. E. Legal / Community Development/ Public Works / Parks Department Report: Downtown Core Sidewalk Facility Standards Update - Proposed Draft Title 8, Chapter 1 Ordinance and Proposed City of Meridian Improvement Standards Meridian City Council Workshop September 11, 2012 Page 14 of 30 De Weerd: Okay. Perfect. Thank you. Okay. So, we can move to the next item, which is under 6-E. Kane: Hello. Madam Mayor, Members of Council, I'm Emily Kane, I'm a deputy city attorney, and I'm here on behalf of the city core streetscape and community character working group, which in addition to myself includes Caleb Hood and Brian McClure in Community Development, Tim Curns in Public Works, Jay Gibbons in Parks and Rec. This is a follow up to our department report provided to City Council on July 10th and since then we have executed a license agreement with the ACHD, which conveys regulatory authority over the downtown sidewalks to the city. Thank you, Jaycee. We have invited downtown business owners to a meeting at City Hall and held that meeting to gather input. We refined the proposed draft of the streetscape code to incorporate some of that stakeholder input, as well as some refinements to make it more workable for everybody. So, starting again, we know why we are doing this, it's to basically enable downtown merchants to make improvements and create inviting streetscapes downtown. We have also talked a lot about where and that's reflected in the draft ordinance as well. Here is the geographical area or a map showing the city core, as well as the area that we would regulate with this ordinance on the ground. So, in the short term we talked about assuming the licensing authority from ACHD. We have done that. We publicized our plan to allow people to do outdoor dining and different things that they wanted to do by using the temporary use permit. We actually didn't have any takers, but the offer still stands, of course, at least until this ordinance is effective and, again, we would allow sub licenses as well. But, again, no takers there. The long term plan is kind of where we are now. The next step is to implement the Title 8 update, the draft that you have before you, and that would allow the city to regulate amenities that are in the use zone by use of a -- or by a use zone encroachment permit. That used to be called the streetscape encroachment certificate, but we decided that use zone encroachment permit was a little more descriptive of what we were actually doing. It is that slice of sidewalk that is closest to the businesses that we are dealing with. So, the Title 8 draft establishes standards for how -- how property owners can set that up. It enumerates amenities that would be allowed in a use zone and the implication is that everything that is not allowed is prohibited. So -- and, really, it's because it's rather a short list of what we would want in a use zone or what, frankly, other -- what the business owners want as well. It would allow us to regulate improvements also in the street furnishing zone, which is right next to the street. And those are -- there are design standards for things that would go there, like benches and trash cans and a new section of the City of Meridian improvements standards, which are also coming up. That would be done by sub license, instead of with the zone encroachment permit. We did gather stakeholder input, as I mentioned. On August 15th we had a public workshop. We personally invited downtown businesses and we had four people come, so a pretty good turnout. Or at least a turnout. We publicized the draft ordinance on our website. A lot of people saw Colin's Twitter feed as advertising the workshop or the people that did that came and overall they liked the transition of authority from ACHD to a more local controlled at the city level. The stakeholders we spoke with asked us to clarify whether signs on downtown sidewalks would be covered by the encroachment Meridian City Council Workshop September 11, 2012 Page 15 of 30 permit or by the UDC. The answer is that portable signs would be allowed with the sidewalk permit. Signs really are to a temporary use would be under the TUP and limited duration signs would not be allowed. So, you either fit under the use zone or the TUP or it doesn't fit. They asked us to clarify whether barriers would be allowed for outdoor dining and activities that aren't related to alcohol use and the answer is, yes, they would. There are standards for those barriers in the draft ordinance. And there was a question regarding the short term requirements for encroachments that are not promotional sales units, like a planter or a sign and the answer at this point is it would be a sub license with the city. We do have regulatory control, but we do not at this time have an ordinance. So, we are still kind of in that short-term world until we get the -- the ordinance in place. Finally, this -- this is the timeline you did see in July. We have executed the license agreement, worked on stakeholder outreach. There is an article in the Valley Times and information has been in City News. Today is our kind of progress report and the plan that we presented in July is that the first and second readings of the ordinance would be in the next two weeks and adoption could maybe be on October 2nd. On the following, then, we would be able to accept permit applications. The final step would be that in the -- later in the fall there would be a department report regarding the proposed draft of the updated improvement standards, which would include the sidewalk improvement standards. Are there any questions? De Weerd: Council, any questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Emily, I remember when we discussed this earlier there was a discussion at the time about furniture and the type of material that could or couldn't be used and it sounded like they were still working through that. Did that ever get resolved or -- and I'm trying to remember exactly. Was it that no plastic could be there or couldn't be metal or had to be all metal and I can't remember -- because there was some discussion what if there -- if it's a combination of -- and there is some unique outdoor furniture these days that where are we on the furniture issue, if that was an issue at all? Kane: Madam Mayor, Members of the Council, Council Member Hoaglun, we did -- we decided to be less specific in our approach to that for those very reasons. It was hard to define what would -- we really just want things to look nice and to some extent we can regulate that if it's related to safety or if something is too big, if it takes up room for the clear -- in the clear zone, but we -- in this draft on page eight we left it at chairs -- these are allowed: Chairs, benches, seating and tables, including those which incorporate umbrellas. So, it's pretty broad and it's certainly up to the discretion of the business owner in that case in the proposed draft. Hoaglun: Okay. I think that's a good way to go on that. Thank you. Meridian City Council Workshop September 11, 2012 Page 16 of 30 Kane: Thank you. De Weerd: Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a question that I was reminded of partially from the police chiefs report a few minutes ago and that is has code enforcement been included in this? And my suggestion is they should read through this draft ordinance for anything that they think might be able to be misinterpreted and -- since they are going to have to enforce it, just maybe give them a chance to look through it before we see it next week. Kane: Madam Mayor, Members City Council, Council Member Zaremba, I think that's a great idea. They haven't been included in that effort, than kind of -- I would say since it's to their perspective as much as possible, but I think that makes a lot of sense. Zaremba: Thank you. Kane: I will take care of that. De Weerd: Okay. Well, good. We will look forward to hearing it back as -- in ordinance form. Kane: All right. Thank you. F. Purchasing Department: Update of Construction Review Committee Findings and Recommendations De Weerd: Okay. Next item, Item 6-F is under our Purchasing Department. Watts: Thank you, Madam Mayor and Council. About a year ago -- actually, probably a little more than a year ago the Mayor had -- or after several public meetings had requested that a construction review committee be put in place and the Mayor's office had asked me to chair that committee and we put that committee together based -- or comprised of Public Works admin, engineering and inspection, the Legal Department, Mayor's office, Finance and a City Council member were on that committee -- on the internal team. We also had I believe seven or eight external professional members from general contractors, construction managers, and risk managers. We reviewed over a dozen city projects that had been completed and they had varying degrees of success. A pattern definitely emerged that we were most successful on underground infrastructure, water and sewer lines and those associated projects and our challenges come with above -ground construction, buildings and structures. One of the components that made the above -ground projects difficult is not having a single point of contact or a specific project manager named as the single point of contact for that project. So, the Meridian City Council Workshop September 11, 2012 Page 17 of 30 committee -- one of the committee's recommendations is to have a single point of contact to be as the conduit between the construction team and City Council. There are two different delivery methods, really, for construction, design, bid, build and design build. And, once again, the city has been very successful with the design, bid, build with the infrastructure -- the underground infrastructure projects. Public Works Department has many capable project managers to manage those projects and we have been successful doing that. The few design build projects that we have taken on have had their issues and -- with meeting with the public folks that -- the construction managers and general contractors that we dealt with, it was the conclusion from the entire committee that the city should make design, bid, build our standard process. There is also two major management styles for -- for construction. Under design, bid, build it's either -- or for either one it's either general contractor or construction manager and it's recommended that the city use a general contractor for its underground infrastructure and a construction manager for the above -ground structures and buildings. And when I say above -ground structures and buildings, that does not include things like well houses or park structures, those would still be managed by an in-house city project manager. I have also included in your packet in front of you -- you have got two very basic communication flow charts for both -- one for the underground infrastructure and one for the aboveground capital projects. The underground is very -- is a very simple process, this is the one that's kind of worked for the city for many years and we have great success with this. The project manager will contract with the design engineer and implement this to a task order -- or a public -- or a special services agreement. With that design we can go out, we bid, and, then, we build. The city project manager is the single liaison between the contractor and the city and the city project manager, then, reports back to City Council with any issues or concerns or updates on that project. Similarly, with the aboveground we have an additional component to this project and that's with a construction manager. It's recommended that that construction manager be brought on early on in the project before design and, then, the department's representative, the construction manager, and the design team all work together in creating the design for the project. The city project's capital manager, the city project -- city capital projects manager is, basically, there for design constructability. He doesn't necessarily have input in the design, because it's for the individual departments, but he will help with constructability issues and with the help of the project manager is Max. And I don't want to get those two terms mixed up. We have a construction manager who is contracted that's outside the agency. The city capital project manager is a position within the city currently held by Max Jensen. During construction the client or the customer, which would be the city department, will communicate only through the project manager, which is Max Jensen currently, and, then, through the construction manager or City Council. So, the city's project -- city -- excuse me -- the capital project manager will be the only one reporting back to Council and communicating with the construction manager to eliminate multiple hands in the pot and, hopefully, eliminate issues later on down the line during construction. So, the main takeaways from the committee was that the project manager must be a city employee and, then, updates coming back to Council will be done by the city employee, not by a contractor, not by a construction manager. General construction works best for the city underground infrastructure projects. Construction manager is recommended for buildings and Meridian City Council Workshop September 11, 2012 Page 18 of 30 structures. Design build projects haven't been successful for and they are difficult to manage. So, we are recommending that that not be the standard. Another issue that we looked at were the contracts that were involved. Customized contracts are difficult to manage and they are -- and we have discovered not very likely to hold up in court either. So, standard city contracts are the modified AIA contract for -- AIA is the architects -- it's institute -- yeah. American Institute of Architects. Those are the contracts that we use for the aboveground projects. A general contractor assumes risk, a construction manager does not assume risk. At risk construction management projects are illegal in the state of Idaho, so that's not even a consideration here. Another -- just something I'd like to point out. I just -- I just attended the National Institute For Government Purchasing conference and I was in a classroom with over 168 agencies I believe involved -- or in this classroom and we were discussing the different delivery methods and only a handful would admit to doing a design build project and none of the agencies said that they were successful, nor would any of them recommend doing another one. So, that was an eye opener for me. And that was across the country. That is pretty significant. With that I'd stand for any questions. De Weerd: Council, any questions? Kilchenmann: I just have a quick follow up. This is a preclude to -- we are going to put together a policy working with Public Works and the other departments and bring that back to you for approval. So, this is just kind of an introduction to that step. Watts: It will be a project management policy, which will be in the purchasing policy. It would be an appendix to the purchasing policy. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I just want to make one clarification. De Weerd: Do you want to move that a little bit closer. Thank you Bird: I do want to make one clarification. In the construction manager at risk deal, no, that isn't, because the contracts are directly to the owner, whether it's the city or private. So, you're actually getting better bonding by -- each one of them is bringing a bond in, each subcontractor -- or, actually, their contractors and all the construction manager does is -- and you have a -- you also have a bond on him, if I'm not wrong,. Watts: That is correct Bird: So, you're bonded probably better than you are in a general contractor. Meridian City Council Workshop September 11, 2012 Page 19 of 30 Wafts: Yeah. It -- you are definitely bonded -- you have a performance bond for each of the contractors performing and you also have one for the construction manager as well. Bird: And with the general contractor you only had one. Watts: Correct. Just for the general contractor himself. Bird: And you hope he's got it good enough. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I just want to clarify part of the responsibility of the city employee -- the city capital projects manager -- that person would also be the internal liaison to purchasing and to legal and make sure all of that stuff was in order or would the department director -- Wafts: No. That would be the city project manager, the capital projects manager. That is correct. I didn't go into detail of the whole procurement flow and everything, this is just a basic overview, but that is correct. My recommendation and the committee's recommendation is the capital project manager would also be responsibility for that budget. The department would set the budget for the project and, then, they hand that project over to the capital projects manager and he has to construct that within that budget. If there is any design changes or anything that adds to the cost, that's when the capital project manager goes back to the department head or the department's representative to discuss that figure and whether or not they want to move forward with any additional changes, but he would not do so without the department's approval. Increase the budget that is. Zaremba: Great. Thank you. De Weerd: Okay. Anything further? I guess I would like to commend the -- the group to tackling a pretty complex and massive issue. I know I -- from my understanding there was some pretty candid discussion. Certainly the staff needed to work on a couple things before we brought members of our community in, but those committee -- or community members were very valuable and adding perspective to what staff had already discussed and fine-tuned it even further. I know we don't like to do the same mistake twice and that's what we are trying to avoid and appreciate all the time and effort that came into this. Watts: Thank you, Mayor. De Weerd: So, if there is nothing further from Council, this was procedural and if you have any additional thoughts, please, feel free to share those. Okay. Meridian City Council Workshop September 11, 2012 Page 20 of 30 Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just as an additional thought -- and I attended many of the meetings and, you're right, they were conducted by Keith excellently and the conversation was candid and I thought we made a lot of progress and along with -- as the Mayor says -- appreciating the public group that I think came together once to vet some of the ideas and put in their own, I have heard from a few of them that they would like some follow up on it also. I don't know if we want to invite them to a meeting of -- I don't mean a Council meeting, but assemble them again -- Watts: Correct. Yeah. Zaremba: -- and giving them some follow up. Watts: Yes. We have discussed that as a committee and that will take place. Zaremba: Okay. Great. Thank you. G. Legal Department: Discussion Regarding Standard Operating Policy and Procedure Number 4.3.1. Leave Pool for Family Medical Leave Act (FMLA) Qualifying Event De Weerd: Okay. Thank you very much. Item 6-G is under our Legal Department and I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. What you will see in your packet is a proposed change to city policy. It's the city policy 4.3.1. To give you some background and history, ten, 12 years ago we had a city employee that had a terminal illness and at the time, from what I understand, we didn't have a policy like this in place and after the employee passed away there was a desire to create a policy to address leave issues or concerns that existed at the time in allowing employees to use leave time or donate some of their leave time to either the employee or employee's family member to be able to address their health issues. In the last fire contract, the fire department also had asked for something like that, so they wanted a policy that would allow the donation of accrued time to an employee or to -- for an employee to either address their own issue, but less than terminal illness. So, for a serious health condition, but not necessarily a terminal illness. And my understanding in discussing this with Finance from when this policy was put in place we have never used it, so we have never unfortunately had the need to use it or had an employee with this severe a health condition, but the fire department wanted something that was addressing more of the serious health conditions, not just terminal illnesses. So, we put it in place in the last contract and in this recent discussion or negotiations with the fire union we asked them to put some more side boards on the specific policy in a contractual provision Meridian City Council Workshop September 11, 2012 Page 21 of 30 regarding this and in the conversation and discussion it was felt by the negotiating team that the idea was valid and there really was more of a desire to bring it to the Council as a citywide policy and not just for one department. So, this is, essentially, the same provision that is in the fire contract and so we are bringing it to you for your consideration to bring it forward as a citywide policy change. So, the changes are -- as you can notice in the documents that's in your packet, is it changes from an incurable terminal illness to a qualifying event under the Family Medical Leave Act. The Family Medical Leave Act can come into play, since this original policy was adopted, so we felt that was a much more -- an existing system that had some relevance to employees that had some parameters and sideboards that were already established as to what qualifying events there are. The intent of the policy is to allow employees to donate their own accrued vacation time, because that vacation time has a monetary value to the employee that they take with them, so if they separate employment we would normally pay them out. So, because there is value to it we felt it was important to then allow the employees the ability to choose to donate that time if they wished to do that. The intent was to start it at the department level, so that the department director and the Mayor would be able to deal with the requests that are being made. We wanted to make sure that employees have exhausted the Family Medical Leave Act requirements that already exist in city policy and in federal law. So, this is meant to mirror that. So, we -- the way this would work is if you had an employee who had a Family Medical Leave qualifying event, so whether it's a serious health condition of theirs or an immediate family member and they didn't have adequate leave to cover the time after they have exhausted all their accrued vacation, all of their accrued sick leave, they would be eligible to request employees to donate time to them, so they could take additional time as needed to deal with their health condition. The one other caveat that we put on it is it has to be for, essentially, extended leave, so an employee has to have been gone continuously from the workplace for a minimum of 30 days or intermittently from the workforce based on a qualifying event for at least 60 days before they would be eligible for this type of donation and the reason for that was, again, not to deal with the very short-term illness, the flu, tonsillitis, a minor surgery, but really to deal with a serious health condition or concern that employees had that they may not have adequate time in which to address that and now we do have short-term disability and we do have long-term disability for employees and that does cover the gap for a portion of their costs of what their normal wages are, but it doesn't cover all of their wages. So, would help fill that gap for up to a year and they would be eligible to receive additional time. We felt giving the director and the Mayor some oversight into the request would provide some sort of I guess a second or third set of eyes to review the request to make sure it was legitimate, make sure it followed the parameters or intent of the policy, but to, again, provide something and to be honest with you from an HR director standpoint in my position the reason we felt this policy was a good change to bring to you is we felt that if this existed barring a policy that we would figure out a way to do this. If we had an employee with this serious of health concern of themselves or a family member we felt as a city that we as an employer and we as a city would try to find a way to assist an employee to this degree. So, it makes sense to try to put that into policy, that into writing, so we made it clear to folks that was our intent, because although we could probably all agree that we would probably try to do this, we also felt it was important to Meridian City Council Workshop September 11, 2012 Page 22 of 30 make sure the employees understood there were some requirements that exist to do this. So, that's what's in front of you. Again it's the same conditions that we have put into the fire contract, so there is no difference between what the fire contract states and as to what this policy states. I guess that's probably all I have from a report standpoint. There is a conversion that's probably the only piece that's a little bit tricky and that was because we felt it was important that employees, again, when they donate their own leave there is a relationship to their leave to what they get paid and so it makes sense that if you had an employee that -- you know, say for example you had an employee that is requesting leave and makes ten dollars an hour and you had an employee that was donating that had a value of 15 dollars an hour, that there is a relationship there that we would be able to quantify and make sure that it matched up to what was being donated to the employee. So, there is a conversion amount that's in there that's how that's calculated. But that's just a detail that's probably not a huge issue. Overall I think the intent again was to provide some access to people that there was a serious health condition that they hadn't been able to address on their own and we felt this was a fair way to address all of those types of considerations. So, I stand for questions -- any changes or any direction that you have we would certainly make and our intent would be, then, to bring this back to you with a resolution for approval and, then, it would become part of our city policy handbook. De Weerd: Thank you, Mr. Nary. Mr. Bird. Bird: Madam Mayor. I -- I wholeheartedly support this. I -- you know, I think that all the employees should have this benefit. While it's only been -- and it actually wasn't a deal, but I believe through the actions of the Council back in '99 we were able to -- some of the employees were able to donate so that the family of the two people that were both employees, the terminally ill husband and the wife were both employees. We were able to take care of it. And I think by having a policy like this is -- I think is a benefit that we hope nobody ever has to use it, but it's there for them to use and the other employees it's a way they can give to help and I just think it's something that -- that we need to get into the policy. If we need it we need, so -- De Weerd: Chief, do you have anything you want to add? Niemeyer: Madam Mayor, Members of Council, not really. I -- Bill covered it all. Other than we did, in the negotiation process feel that offering this throughout the entire city is a good thing. We can try and bridge that gap between the fire contract and the rest of the city employees and stay very well aware of that. So, in the discussions there was, through that negotiation process, what is best for the city employees, not just for the firefighters. So, I certainly applaud them for bringing it forward and, then, working through the process to bring it to the whole city. De Weerd: Thank you. Any other questions from Council? Hoaglun: Madam Mayor, no questions, just a quick comment that, you know for folks to make sure they understand, we are not giving out more leave to people, but we are Meridian City Council Workshop September 11, 2012 Page 23 of 30 taking a pool of what's allocated among city employees and they can transfer it to someone who might truly need it and so -- and I think that's a good policy and glad we are doing this. De Weerd: Okay. Zaremba: I like it as well. I think it's a wonderful thing to offer De Weerd: Okay. Well, Council, hearing that, I expect that you will see it come back in front you in resolution form. H. City Clerk: Discussion on Process for Approving Alcohol Related Licensing and Permits De Weerd: Okay. The next item is under our City Clerk. I will turn this over to Madam Clerk. Holman: Thank you, Madam Mayor. Madam Mayor, Members of the Council, I requested that this item be brought up on an agenda -- or I guess a future agenda after the last few beer, wine, and liquor licenses that we have had come forward that are either a transfer of license or a new license and just really wanting to take a look and revisit the way that we currently approve these licenses and how we might improve that process in the future. Currently per our code -- in fact, I was just looking at this in the last few days. Beer, wine and liquor licenses are under Title 3, Chapter 2 and the way that the code is currently written it says -- it's under Item C, investigation of an applicant, it says that the application shall be submitted to the chief of police for investigation and report to the Mayor and City Council. The application must be approved by the Mayor and City Council. Currently the way that we process beer, wine, and liquor applications -- they come in, the police department sign off on those applications, but we don't do an Idaho -- we don't do the ISP background check and fingerprinting and all of those and I don't believe the police -- chief of police comes forward and updates you on their investigation. So, in talking to Mr. Nary I asked if there was anything in state code that says that mayors and city council have to approve these and Mr. Nary said that the only thing that's outlined I believe in the state code is these establishments that are within 300 feet of a church or a school and it outlines that those come before city council for mayor and council approval, which probably means that the assumption by the state is that the other license and applications they do not come before the mayor and city council. So, usually when processing the only issues we really have is they will get all of their paperwork in time and we are holding up basically waiting to get it put on the City Council agenda. So, in effort to improve the process and make it easier I think for those items to be processed more quickly and not run into these roadblocks I'm requesting that we be allowed to issue those licenses with just the clerk's signature and not have to have them approved through a City Council -- or at a Council meeting. I know -- I would assume you would want to be kept apprised of what's going on with our beer, wine, and liquor applications. I would be happy to do a monthly report to Council in paper format just letting everyone know what's happened with any transfers or new Meridian City Council Workshop September 11, 2012 Page 24 of 30 licenses or anything like that. But it just -- I think from a customer service standpoint this would be a great way to go and I'm just soliciting your feedback and your thoughts on a possible process change, which would also require an ordinance update. De Weerd: Thank you. Council, discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It sounds like a good idea to me. Other permits that are issued by the city are -- we get a report once a month and I know from own standpoint and every time they come up to us for approval my question is do they have the police department's approval and if everything has been signed I'm not sure that I need to be in that loop, other than it would be nice to get a report every once in a while. So, I'm in favor of this. I understand, apparently according to the law we'd still have to see the ones that are close to churches and schools and that's fair. But I would -- I would be in favor of the clerk being able to handle all the other ones. Holman: Okay. Hoaglun: Madam -- De Weerd: Mr. Hoaglun Hoaglun: Thank you, Madam Mayor and, Bill, I just wanted to make sure that once all these checks have gone through and everybody -- the police chief and others have done their due diligence and checked their box, really, there is no -- we have no basis to deny a license at that point, is there? Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, you're absolutely right. I mean there is no discretionary authority by the Council at that juncture and the other thing to add on to what the clerk stated -- all the criminal background checks has been done by the Idaho State Police. So, they can't -- they can't even apply for a city license until they have state license approval -- it's even to sell beer or wine or certainly liquor. So, all of the background checks have been done at the state level, so what we are doing is we are -- we are verifying the location, we are verifying the zone, we are verifying that they have a certificate of occupancy that's necessary to operate, that that's completed, and we are, basically, reviewing their footprint of their business. Then, again, like you said, it's actually fairly unusual that councils and mayors issuing these licenses any longer. Most cities do have their licensing clerk, the city clerk, issue all of them and the only ones that come up to the mayor and council are the ones that are specifically called out in state code. Bird: At a public hearing Meridian City Council Workshop September 11, 2012 Page 25 of 30 Nary: Right. It's actually a public hearing for a bar, but other than that, yeah, license themselves aren't normally issued at the Council level in the rest of the state. Hoaglun: And I think, Madam Mayor, that, you know, this goes -- we can get rid of that step. It's a pro forma -- pro forma approval that really it just delays the process and really doesn't do anything at our level, so I'm in favor of that. De Weerd: We certainly are removing a layer that has not been necessary unless it has -- it's defined under the parameters of the law. Bird: Basically, we shouldn't even have to do it. I mean once the state approves it, that's who -- that's who you have to approve. I don't even know why it goes through -- I don't even know why it goes through a city. De Weerd: It goes through the city because we are the policing of the physical space, so -- Bird: Well, I realize that. De Weerd: -- that one is a necessary check. Bird: I have no problem with it. I have no problem with it. De Weerd: I would question why it goes through the county myself, but -- okay. Any other discussion. Mr. Nary, is there any resolution needed for this or it's just a procedural -- Nary: Madam Mayor, Members of the Council, we actually have four sections of the City Code that repeat that the Mayor and Council issue the license or are the final authority, so we will bring back one ordinance with the changes to those provisions that basically will say the city clerk will issue those. So, yeah, we will bring back an order to change. You should have it -- not next week, but by the following week. I. City Clerk: Discussion on Update to City Clerk's Fee Schedule De Weerd: Thank you very much. Thank you. Okay. I believe that you are the next item as well. Madam Clerk, while you're up in front of Council I -- you got a piece of good news as well recently from the passport office. Holman: Oh, yes. Yes. Thank you, Madam Mayor. We did. We received our approval and our official certification to go forward. Unfortunately when I saw the certificate today it said Meridian, Iowa. So, I'm going to have to contact them, because I have a feeling if I don't correct that all of our forms will say Meridian, Iowa. So, yes, we have approval to move forward and I'm drafting kind of a timeline for the Mayor and I can update the Council also and let you know what our plan is going forward. Meridian City Council Workshop September 11, 2012 Page 26 of 30 De Weerd: Thank you. And congratulations. Holman: Okay. Are you ready for my next item? Okay. Madam Mayor, Members of the Council, the next item is just a request to review the clerk's fee schedules regarding the permitting and licensing. Last time we updated the fee schedule was June of 2011. We have implemented Accella, which we decided to review after being -- or using Accella for our approval system I guess or our licensing and permitting software. Looking at the schedules about a year later, updating the time that it takes everyone to basically process these and also Idaho State police -- we received notification from them that as of October 1st, 2012, they would be increasing their fees for the background check and the fingerprinting and since that is incorporated in part of our fee schedule we needed to -- just decided to revisit the whole fee schedule at the same time. With the Idaho State Police background check going up that affects our precious metal dealer licensing, pawn broker licenses that had the precious metal dealer endorsement. Mobile sales unit license. Private security service license and the massage therapist license. We did not have to make any updates to the massage therapist license, because as of July 1st, 2013, the state is going to take over that and we will cease to license and permit massage therapy in Meridian. So, some of the costs went up. Some of the costs went down. We, basically -- when I redid the fee schedule we had some things that took a little bit less time, other things we noticed took a little bit more and one of the departments that was not included in our fee schedule when we created it as far as their cross -skills was our building department or that -- that section of our community development department. So, that caused some things to stay about the same. Fees that went up, temporary use permits for a temporary sales unit application fee and we are proposing an increase to 65 dollars from 50. This actually reflects the actual time and cost of all the departments reviewing these applications. Private security service licenses, proposing an increase to 65 dollars from 60 dollars as an actual reflection of our time and cost. New fees. The proposed temporary use permit for temporary indoor event application fees. Currently we haven't been charging anything for that. The permit was adopted November 3rd, 2010. Under Ordinance No. 10-1464. It was a year pilot program. I asked Nancy Radford how many we have done in the last two years. Approximately ten. A lot of those are -- I think there has been the Dairy Barn and we had one other one for an indoor space. But that takes a little bit longer as we had actually an hour of the fire department's time and development services has time invested in that, since it's actually indoors. So, that is -- our request for that is 100 dollars. Our proposed precious metal dealer license application fee would be 65 dollars. This new license was adopted in September of 2011 and the one year pilot period program will be over by the time we would go through the public hearing process and implement these new fees. The proposed pawn broker license with a precious metal dealer endorsement application fee would be 65 dollars, 34 dollars of that is the ISP fee for the background check. Fees that went down -- the pawn broker license without the precious metal dealer endorsement decreased from 45 dollars to 30 dollars, because when we were going though the time that people spend on it it just -- the cost went down. Fees that we have removed -- we had a 20 dollar fee, which I don't think we have ever charged even once, for expedited processes of temporary use permit applications. That was resolved on the May 1st, 2012, update to Meridian City Council Workshop September 11, 2012 Page 27 of 30 TUP code provision, because we created a TUP application deadline that's firm 30 days beforehand. So, we don't believe we need that fee anymore. If Council is okay with the proposed fee schedule update we would publish notice of the changes and public hearing in Valley Times on September 17th and 24th. The public hearing would be October 2nd with possible approval of the resolution. With that I will stand for any questions. De Weerd: Okay. Just a point of clarification. Does the column that says increase, decrease, then, change the column -- the first column with the amount and so it's plus that or that amount already includes it? Holman: Madam Mayor, no. The fee amount is the actual update. That is the fee that will -- would be implemented as of October 2nd. That's the total fee. It's just saying, for example, temporary use permit, temporary sales unit was 50 dollars and it's going up to 65. De Weerd: Okay. So, you're listing the new -- the new fee being proposed? Holman: Correct. De Weerd: Okay. Just a point of clarification. Holman: Madam Mayor? De Weerd: Yes. Holman: That last column, when we pass the resolution and attach this that last column would not be there. That was just for informational purposes for you. De Weerd: Okay. So, when you say under the pawn broker license -- Bird: It just shows 30 dollars. De Weerd: It was zero. It's a new fee? So, it's not a 45 dollar increase, it's just anew fee? Holman: Madam Mayor, that's the pawn broker license with the precious metal dealer endorsement, because we are -- that's taking effect now. De Weerd: Yes. Holman: Correct. De Weerd: Okay. Zaremba: Madam Mayor? Meridian City Council Workshop September 11, 2012 Page 28 of 30 De Weerd: Mr. Zaremba Zaremba: Somewhere in the back of my mind in the last year or two I remember a discussion about the legislature changing the public records rules and I thought was going to affect what we could charge or not charge for number of pages, but I -- your analysis indicates that we are not making any changes in the public records charges. Did you take into account the state law changes? I'm sure you did. Holman: Madam Mayor, Members of the Council, Councilman Zaremba, that was already addressed in a previous update. At that time it also affected what we could charge -- the Legal Department could charge for redacting and that's why you will -- well, you don't see, because you don't what I have. Zaremba: That change has already been made Holman: It has already been made. Zaremba: Thank you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Council Member Zaremba, correct, on it was 2011 that the changes came about, so we did make the change a year ago. Zaremba: I have been asleep the whole time in between, so -- De Weerd: Any questions? Yes, Mr. Bird. Bird: I would suggest -- or move that we go forward with this, get the notices out through the paper and set a public hearing date of October 2nd. Zaremba: Second. De Weerd: I have a motion and a second to move forward with this. Would we need an official motion to move this forward? Nary: A voice vote is certainly fine -- De Weerd: Okay. Nary: -- to bring it forward. Meridian City Council Workshop September 11, 2012 Page 29 of 30 De Weerd: Okay. Any discussion? All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. J. Legal Department: Discussion and Resolution No. 12-871: Declaring the Intent of the City of Meridian to Convey to the Ada County Highway District for Right of Way Purposes a Portion of Certain Real Property Located at 1700 E. Lanark Street, Meridian, Idaho; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance; and Providing an Effective Date De Weerd: Thank you for your work on that. Item 6-J is our Legal Department. There is a proposed resolution for this numbered 12-871. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. You will see in your packet a resolution with an attachment. There is some slivers of right of way that are necessary on the parks maintenance facility property, there is a little bit of a turnaround that's got to get enlarged and a little sliver of the corner that they want as part of the right of way. Before we can give that to Ada County Highway District we have to follow the process of declaring it surplus and bringing it forward to you for that declaration and transfer. So, this is just part of the process to do that. Like I said, it's pretty cut and dried. The Building Department has even determined this is not affecting the building plan -- or building permit that's being requested, because these don't affect the building footprint at all, so we can get this process done and completed and they are still going forward with the building permitting to get this facility moving forward, but just part of the process to get it done. De Weerd: Okay. Any questions from Council? Bird: I have none. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: I move that Council approve resolution number 12-871. Bird: Second. De Weerd: I have a motion and a second to approve resolution 12-871. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Meridian City Council Workshop September 11, 2012 Page 30 of 30 De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 7: Future Meeting Topics De Weerd: Council, we were at Item No. 7. Any items for future meeting topics? Bird: I have none. De Weerd: I would entertain a motion to adjourn then. Bird: So moved. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. MEETING ADJOURNED AT 4:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 7LI.RMYRD ATTEST: AYCE"OLMAN, CITY CLERK /c) / / (0 —/ DATE APPROVED O, p-TUD A (JG �S� o� 11 ity Of E IDI 1�N*-- IDAHO SEAL SAN. ofthe TRE�`'�� Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 17, 2012 City Council PreCouncil Meeting MEETING NOTES �y.ult-ed 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: September 11, 2012 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: Approve Minutes of August 28, 2012 City Council PreCouncil Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of August 28, 2012 City Council Regular Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 4, 2012 City Council Regular Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: 4E PROJECT NUMBER: ITEM TITLE: Memorandum of Agreement with City of Boise and Ada County for Shared Use of Countywide Address Data MEETING NOTES 4rp-61 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS S ccpfs MAll2 vq �0 13c�x Som 3��\ e 4. AGREEMENT NO. MEMORANDUM OF AGREEMENT for SHARED USE OF COUNTYWIDE ADDRESS DATA This MEMORANDUM OF AGREEfor SHARED USE OF COUNTYWIDE DATA("Agreement")is made this] ay of September 2012 ("Effective ADDRESS DA Date"), by and between the following government agencies ("Parties"): Ada County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho, whose address is 1.90 East Front Street, Suite 107, Boise, Idaho; City of Boise, a municipal corporation organized anized under the laws of the State of Idaho, whose address is 150 N. Capitol Blvd., Boise, Idaho • and City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho. WHEREAS, the Parties have access to a compiled Geographic Information Systems ("GIS")yer address p la of addpoints--throughoutAda County, Idaho ("Addressing Dataset"); WHEREAS, the Addressing Dataset contains information potentially useful to the respective Parties for public safety and emergency response purposes, addressing, local and y ana regional analyses and planning efforts, and other public service and governmental functions, and g to further these objectives and achieve economy of public resources, it is the Parties' desire to provide one another mutual access to the Addressing Dataset; WHEREAS, the Parties recognize that the Addressing Dataset is a public record as that term is defined in Idaho Code Section 9-337(13), and thus disclosure of such record to the public isg enerally required by the Idaho Public Records Act, subject to exceptions to disclosure enumerated therein and the requestor's payment of fees statutorily adopted by the respective governing overnin bodies of Parties pursuant to Idaho Code Section 31-875 and/or Idaho Code Section 50-345; WHEREAS, the "Guidelines for Providing Appropriate Access to Geospatial Data in Response to Security Concerns," issued by the Federal Geographic Data Committee, state that in balancing the disclosure of particular GIS data or safeguarding such information as a threat to public safety or security, the agency holding such data should conduct a "user needs assessment," including 1) whether the data could be useful for planning an attack on a specific potential tar whether the information is unique to the data requested, and 3) whether risks get, 2 ) to safety or security outweigh societal benefits of disclosure; WHEREAS, the Parties have made this assessment as to the Addressing Dataset, and find that public disclosure of most components of the Addressing Dataset is generally appropriate, subject to the constraints of state and federal law in specific circumstances; WHEREAS, each of the Parties, respectively, find and agree that some American Planning Association (APA) Codes, as presented in the Addressing Dataset, are exempt from public disclosure pursuant to state and federal law; and MOA: COUNTYWIDE GIS DATASET PAGE 1 OF 6 NAASSESSOR\GIS ADDRESSING DATA MOU 2012-2013 (2).DOC WHEREAS, the Parties are authorized by Idaho Code Section 67-2328 to enter into agreements for joint or cooperative action; NOW, THEREFORE, subject to the limitations of this Agreement to meet the objectives described above, the Parties hereby agree as follows: I. DISCLAIMER TO ACCOMPANY DISCLOSURE OF ADDRESSING DATASET. Whenever any Party hereto provides or discloses the Addressing Dataset, or any component, subset, iteration, or synthesis thereof, to any entity, the disclosing Party shall attach to the disclosed data the following language ("Disclaimer"): This record is provided on an "AS -IS" basis, and subject to the following conditions. No representations or warranties are conveyed with this record regarding its suitability, reliability, timeliness, accuracy, or fitness for a particular purpose. There is no warranty of merchantability. Any user of this record accepts all risks of its use, whether such risks are known or unknown, and such user is solely responsible for complying with any and all legal requirements and prohibitions, including, but not limited to, Idaho Code Section 9-348, prohibiting the use of this record for marketing or as a mailing or telephone list. Updates and/or changes to the data used to compile this record may occur at any time. Please do not re -distribute this record. Further requests for this record should be forwarded to the agency from which it originated. Ada County, the City of Boise, and/or the City of Meridian are not liable for any damage or loss caused by use of the Addressing Dataset, or any component, subset, iteration, or synthesis thereof. II. DISCLOSURE OF ADDRESSING DATASET, A. Disclosure to each other. Pursuant to the conditions set forth in this Agreement, the Parties to this Agreement agree to disclose or provide to any and all other Parties all components and compilations of the Addressing Dataset that are accessible, created, or complied by the other Party or Parties. 1. No Fee. No Party shall charge a fee to the other(s) for such disclosure. 2. Disclaimer Incorporated. All Parties hereby assert and incorporate the terms of the Disclaimer as to the disclosure of the Addressing Dataset to the other Parties, and all Parties hereby accept the terms of the Disclaimer as to the receipt of the Addressing Dataset from the other Parties. Thus, the Disclaimer need not accompany such disclosures from one Party to another. 3. Format. The Parties shall use a format acceptable to all Parties when disclosing the Addressing Dataset, or any component, subset, iteration, or synthesis thereof. MOA: COUNTYWIDE GIS DATASET PAGE 2 OF 6 NAASSESSOR\GIS ADDRESSING DATA MOU 2012-2013 (2).DOc B. Disclosure to other government entities. The Parties agree that, subject to the provisions of this Agreement, all applicable provisions of Idaho law, and the inclusion of the Disclaimer, the Addressing Dataset and all components thereof may be provided or disclosed upon request of a local, state, or federal government agency or taxing district. p Because this information is disclosed for the purpose of public safety and the furtherance of the conduct or administration of the public's business, no Party shall charge a fee for disclosure of the Addressing Dataset to the government entities. C. Disclosure to specified and listed entities. The Parties agree that, subject to the provisions of this Agreement, all applicable provisions of Idaho law, and the inclusion of the Disclaimer, the Addressing Dataset and all components thereof may be provided, or disclosed upon request, to the entities listed in this section. Because this information is disclosed for the purpose of public safety and the furtherance of the conduct or administration of the public's business, no Party shall charge a fee for disclosure of the Addressing Dataset to the following entities: 1. Any designated agents of any Party hereto, acting on behalf of such Party; 2. Community Planning Association of Southwest Idaho ("COMPASS"); and 3. Utilities, whether privately or publicly owned, in accordance with Idaho Code Section 9-348(7). D. Disclosure to public. The Parties agree that, subject to the provisions of Idaho law, the Addressing Dataset and components, subsets, iterations, or syntheses thereof, may be provided to any member of the public pursuant to a written public records request and upon the requestor's payment of all duly adopted and applicable fees. Specifically, without limitation, except with notice to and written consent of all Parties, wherever possible, the Parties shall neither disclose to the public nor allow a third party to disclose to the public, the Addressing Dataset or any component, subset, iteration, or synthesis thereof, where such record or information is exempt from disclosure under: 1. Idaho Code Sections 9-348(1)(a) and (b), which states that no Party may disclose a list of persons for use as a mailing list or a telephone number list, and no non- governmental entity may use a list of persons as a mailing list or a telephone number list; 2. Idaho Code Section 9-340B(4)(b), which exempts from disclosure records of buildings, facilities, infrastructure, and systems when the disclosure of such information would jeopardize the safety of the public or any person; or 3. Idaho Code Section 9-340A(1), which exempts from disclosure under state law those records that are exempt from disclosure under federal law, including, without limitation, Homeland Security Presidential Directive 7: Critical Infrastructure Identification, Prioritization, and Protection. MOA: COUNTYWIDE GIS DATASET PAGE 3 OF 6 NAASSESSOR\GIS ADDRESSING DATA MOU 2012-2013 (2).DOC III. TERM, This Agreement shall commence on the Effective Date, and shall expire one (1) year from the Effective Date. This Agreement shall automatically be renewed yearly thereafter unless earlier terminated by any Party as provided herein. IV. TERMINATION, Any Party may terminate this Agreement for convenience or for cause upon thirty (30) days written notice, or immediately upon notice in the case of a breach of any restriction set forth in this Agreement. Upon termination, any Party that has received the Addressing Dataset or any component or compilation thereof shall become the custodian of that record in its current iteration as of termination date. V. LIMITATION OF LIABILITY. Each Party shall hold all others harmless, with respect to any subject matter of this Agreement or under contract, negligence, strict liability, or any other legal or equitable theory for: A. Any special, punitive, incidental or consequential damages (including, without limitation, for any lost profits, cost of procurement of substitute goods, technology, services, or rights); B. Interruption of use, loss, or corruption of data; or C. Any matter beyond its reasonable control. This provision shall survive termination of this Agreement. VI. GENERAL PROVISIONS. A. Governing law. This Agreement shall be governed in all respects by the substantive laws of the State of Idaho and of the United States of America. Venue for any action brought pursuant to this Agreement to be in the Fourth Judicial District, State of Idaho. B. Notices. All notices, statements, and reports required or permitted by this Agreement shall be in writing and deemed to have been effectively given and received three (3) business days after the date of mailing by registered or certified U.S. mail, postage prepaid, with return receipt requested. Notices shall be addressed as follows: 1. Ada County: Ada County Assessor Attn: I1and Records Supervisor 1.90 East Front Street, Suite 107 Boise, Idaho 83702 2. City of Boise: City of Boise Attn : GIS Manager 150 N. Capitol Blvd. Boise, Idaho 83702 MOA: COUNTYWIDE GIS DATASET PAGE 4 OF 6 NAASSESSOR\GIS ADDRESSING DATA MOU 2012-2013 (2).DOC 3. City of Meridian: City of Meridian Attn: Community Development Director 33 E. Broadway Avenue Meridian, Idaho 83642 C. No assignment. No Party shall assign or otherwise transfer any of its rights, obligations, or licenses hereunder. D. No third party beneficiaries. Nothing contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor of, any third party. E. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, which shall continue in full force and effect. F. No waiver. The failure of any Party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect. G. Entire agreement. This Agreement constitutes the complete, final and exclusive statement of the terms of the agreement between the Parties and supersedes all prior agreements, understandings, negotiations, and discussions of the parties, whether written or verbal. H. No modification. No modification or rescission of this Agreement shall be binding unless the governing boards of all the parties duly execute such modification or rescission in writing. I. Authority. Each party represents that all corporate action necessary for the authorization, acceptance, and delivery of this Agreement by such party and the performance of its obligations hereunder has been taken. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the date first written above. MOA: COUNTYWIDE GIS DATASET PAGE S OF 6 NAASSESSOR\GIS ADDRESSING DATA mou 2012-2013 (2).Doc Board of Ada County Commissioners =1 ATTEST: 1 fir d Christophpf D. Rich, Ada County Clerk Rick S on M. Ullman, Commissioner D C.Case9 Commissioner ATTEST: 18/12 De ie Broughton, City Clerk x officio ATTEST: aycee(44)olman, City Clerk City of Boise By: 9/18/12 David Bieter, Mayor Q,pjED A c°� of Meridian 4� City of E IDIAN- IDAH SEAL y4 ammy d t the MOA: COUNTYWIDE GIS DATASET NAASSESSOR\GIS ADDRESSING DATA MOU 2012-2013 (2).DOC rd, Mayor PAGE 6 OF 6 Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Authorize the Purchasing Manager to Issue and Sign a Purchase Order for "900 MHZ SCADA Radios to Applied Technology Group" for a Not - To -Exceed Amount for $52,592.00 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 Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Max Jensen, Mike Barton, Jacy Jones Date: 8/30/12 Re: September 11 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 11"' City Council Consent Agenda. Approval of Award of Bid and Authorize the Purchase Manager to issue and sign a Not -To -Exceed amount of $52,592.00. This award is the result of the Formal IFB #PW -12-10157D issued August 10, 2012 and opened August 27". Six bids were received. Recommended Council Action: Approval of Award of Bid and authorize the Purchasing Manager to issue and sign a Purchase Order for the Not -To -Exceed of $52,592.00 Thank you for your consideration. 0 Page 1 J N W w O Q �111�•11 1111111111 1�1111��11� 11111111111 �0���011111 O Q Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Storm drain Easement with Ada County Highway District (ACHD) for the Meridian Parks and Recreation Maintenance Facility MEETING NOTES Afp?-r�� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PRO Ln ,S W Cil of OF BEARING -- ------ ---------BASIS i 0*26*11" L U Qy+ �' sil a, 735.27' ,5 19�.� i 441110 CD 9.27 wz rn rn z I= M. � M teiC) }y Z Z ai 00 1`� 1 L4 zm (A rn '.- V• rri .' ;u 40 -. N 0 r "on _.., CO - Ask [fes] .' M 0 z..�. z -.. V.i ,� cl a�t - y �20 F* , i N NOLA RD. cx one - IA.. Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: 5 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: September 11, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Police Department: Strategic Plan Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CD �Mmt tmm� CD N O O C We C/1 C/1 e --r CD C/1 0 CD \J CD \j 97 N O N 0 v� oCD n � o C� cCD .............. 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O (O W T3 MEn m O A V tNO + A O A A+ (AJ rn A m b a b 2011 Crime Meridian Police Department Offense Overview 2,420 • Offense total 2,934 %change from 2010 3.5 •# of cleared offenses 1,498 ° Percent cleared 51.1 • Group "A" Crime Rate 1 per 100,000 population 3864.5 • Summary based reporting 0 crime rate per 100,000 0 population is calculated 20 for other state cri m e 4 comparisons only. 1566.1 Arrest Overview • Arrest total 2,420 • % change from 2010 15.1 • Adult arresttotal 1,629 ° Juvenile arrest total 791 . Arrest Rate per 100,000 population 3187.5 Population: 75,922 County: Ada Total Arrests -5 year trend 2007 -� 2,382 2008 2,315 2009 1,759 2010 2,103 1 2011 2,420 { Offenses Arrests Group"A"Offenses #Reported #Cleared Adult Juvenile Murder 2 2 1 0 Negligent Manslaughter 0 0 0 0 Forcible Rape 20 7 4 2 Robbery 3 0 1 0 Aggravated Assault 86 65 34 10 Burglary 160 19 -10 14 Larceny 879 308 222 116 Motor Vehicle Theft 30 8 5 3 Arson 9 2 0 3 Simple Assault 369 278 139 68 Intimidation 49 25 12 4 Bribery 0 0 0 0 Counterfeiting/Forgery 22 3 4 1 Vandalism - 346 76 16 44 Drug/Narcotics 313 291 220 116 Drug Equipment 326 314 100 40 Embezzlement 17 2 3 1 Extortion/Blackmail 3 1 1 0 Fraud 166 15 7 1 Gambling 0 0 0 0 Kidnapping 6 5 0 0 Pornography 6 0 0 0 Prostitution 13 13 13 0 Forcible Sodomy 5 3 1 1 Sexual Assaultw/Object 5 1 0 0 Forcible Fondling 34 16 7 6 Incest 1 1 1 0 Statutory Rape 2 1 2 0 Stolen Property - 1-7 - 11 - 7 2 Weapon Law Volation 45 31 10 8 Total Gro up"A" 2,934 1 a98 820 440 Total Arrests -5 year trend 2007 -� 2,382 2008 2,315 2009 1,759 2010 2,103 1 2011 2,420 { Agency/County Information page 89 2011 Crime In Idaho Arrests Group "B" Arrests Adult Juvenile Bad Checks 2 0 CurfewNagrancy 0 44 Disorderly Conduct 37 32 DUI 288 3 Drunkenness 5 0 Family Offense -nonviolent 10 0 Liquor Law Violation 124 76 Peeping Tom 1 0 Runaways 0 69 Trespass 9 9 All Olher Offenses 333 118 Total Group "B" 809 351 Agency/County Information page 89 2011 Crime In Idaho 2011 Crime Report Boise Police Department Offense Overview Offenses • Offense total 13,302 • % change from 2010 -2.6 • # of cleared offenses 4,810 • Percentcleared 36.2 • Group "A" Crime Rate 1 per 100,000 population 6396.9 • Summarybased reporting 0 crime rate per 100,000 0 population is calculated 69 for other state crime 4 comparisons only. 2899.8 Arrest Overview Offenses • Arresttotal 8,131 • % change from 2010 -6.1 • Adult arrest total 6,594 . Juvenile arrest total 1,537 . Arrest Rate per 1 100,000 population 3910.2 Population: 207,945 County: Ada Total Arrests - 5 year trend 2007 10,896 2008 9,485 2009 8,717 2010 8,660 i 2011 8,131 1 Offenses Arrests Group "A" Offenses # Reported # Cleared Adult Juvenile Murder 1 1 1 0 Negligent Manslaughter 0 0 0 0 Forcible Rape 69 14 4 1 Robbery 61 25 33 2 Aggravated Assault 387 267 155 15 Burglary 818 63 66 12 Larceny 4,465 1,026 688 457 Motor Vehicle Theft 174 36 26 3 Arson 55 9 3 6 Simple Assault 1,597 1,050 642 105 Intimidation 252 113 40 9 Bribery 0 0 0 0 Counterfeiting/Forgery 147 38 34 0 Vandalism 2,352 255 98 36 Drug/Narcotics 990 846 673 102 Drug Equipment 770 690 283 56 Embezzlement 42 18 26 0 Extortion/Blackmail 4 1 0 0 Fraud 726 93 94 1 Gambling 1 0 0 0 Kidnapping 25 16 5 0 Pornography 27 8 7 0 Prostitution 0 0 0 0 Forcible Sodomy 22 10 4 1 Sexual Assaultw/Object 17 7 4 0 Forcible Fondling 56 23 12 2 Incest 0 0 0 0 Statutory Rape 11 6 4 0 Stolen Property - - - 44 35 24 - 4 Weapon Law Violation 189 160 86 16 Total Group "A" 13,302 4,8101 3,012 828 Total Arrests - 5 year trend 2007 10,896 2008 9,485 2009 8,717 2010 8,660 i 2011 8,131 1 Agency/County Information page 87 2011 Crime In Idaho Arrests Group "B" Arrests Adult Juvenile Bad Checks 13 0 Curfew/Vagrancy 0 61 Disorderly Conduct 313 51 DUI 1,292 8 Drunkenness 158 1 Family Offense -nonviolent 24 0 Liquor Law Violation 309 97 Peeping Tom 4 0 Runaways 0 252 Trespass 148 22 All Other Offenses 1,321 217 Total Group "B" 3,582 709 Agency/County Information page 87 2011 Crime In Idaho 2011 Crime Garden City Police Department Offense Overview • Offense total 1,131 • % change from 2010 -6.5 • # of cleared offenses 678 • Percent cleared 59.9 • Group "A" Crime Rate 1 per 100,000 population 10195.6 • Summary based reporting Negligent Manslaughter crime rate per 100,000 0 population is calculated 0 for other state crime 5 comparisons only. 4273.0 Arrest Overview • Arresttotal 1,065 • % change from 2010 -5.0 • Adult arrest total 975 • Juvenile arrest total 90 . Arrest Rate per 100,000 population 9600.6 Population: 11,093 County: Ada Total Arrests- 5 year trend 2007 1,257 200B 1,015 4 2009 1,065 2010 1,121 2011 1,065 - Offenses Arrests Group"A'Offenses # Reported # Cleared Adult Juvenile Murder 1 1 0 0 Negligent Manslaughter 0 0 0 0 Forcible Rape 5 4 1 0 Robbery 3 2 2 0 Aggravated Assault 40 37 26 0 Burglary 67 12 12 5 Larceny 342 145 128 19 Motor Vehicle Theft 15 5 3 0 Arson 1 0 0 0 Simple Assault 145 135 so 5 Intimidation 9 7 2 0 Bribery 0 0 0 0 Counterfeiting/Forgery 7 2 0 0 Vandalism 139 38 13 12 Drug/Narcotics 128 119 52 7 Drug Equipment 131 121 82 4 EmbenJement 6 1 2 0 Extortion/Blackmail 0 0 0 0 Fraud 41 11 9 0 Gambling 0 0 0 0 Kidnapping 0 0 0 0 Pornography 2 0 0 0 Prostitution 0 0 0 0 Forcible Sodomy 0 0 0 0 Sexual Assault w/Object 0 0 0 0 Forcible Fondling 11 9 3 0 Incest 1 0 0 0 Statutory Rape 2 2 1 0 Stolen Property - 8 3 - 2 0 Weapon Law Violation 27 24 15 1 Total Group"A" 1,131 678 433 53 Total Arrests- 5 year trend 2007 1,257 200B 1,015 4 2009 1,065 2010 1,121 2011 1,065 Agency/County Information page 88 2011 Crime In Idaho Arrests Group "B" Arrests Adult Juvenile Bad Checks 2 0 CurfewNagrancy 0 7 Disorderly Conduct 26 0 DUI 73 0 Drunkenness 15 0 Fam ily Offense -nonviolent 13 0 Liquor Law Violation 60 4 Peeping Tom 1 0 Runaways 0 6 Trespass 16 0 All Other Offenses 336 20 Total Group "B" 542 37 Agency/County Information page 88 2011 Crime In Idaho Agency 2011 Crime Ada County Sheriff Offense Overview 5,611 • Offense total 2,603 change from 2010 -4.5 • # of cleared offenses 1,527 ° Percentcleared 58.7 • Group "A" Crime Rate 5514.7 per 100,000 population 2558.3 • Summary based reporting 0 crime rate per 100,000 0 population is calculated 16 for other state crime 4 comparisons only. 950.4 Arrest Overview • Arrest total 5,611 • % change from 2010 -2.2 • Adult arrest total 4,950 • Juvenile arrest total 661 • Arrest Rate per 2 100,000 population 5514.7 Population: 101,746 County: Ada Total Arrests- 5 year trend zoo? 6,919 2008 5,887 2009 5,935 2010 5,739 2011 5,611 Offenses Arrests Group "A' Offenses # Reported # Cleared Adult I Juvenile Murder 2 2 2 0 Negligent Manslaughter 0 0 0 0 Forcible Rape 16 9 4 1 Robbery 3 2 1 1 Aggravated Assault 102 89 55 13 Burglary 169 41 33 13 Larceny 616 198 87 86 Motor Vehicle Theft 39 17 13 2 Arson 20 11 1 2 Simple Assault 467 371 137 62 Intimidation 57 38 20 1 Bribery 0 0 0 0 Counterfeiting/Forgery 62 40 38 0 Vandalism 317 83 31 45 Drug/Narcotics 315 286 220 64 Drug Equipment 253 243 82 39 Embe2zlement 8 5 6 0 Extortion/Blackmail 1 1 1 0 Fraud 68 26 24 3 Gambling 0 0 0 0 Kidnapping 8 6 1 0 Pornography 4 3 2 0 Prostitution 1 1 1 0 Forcible Sodomy 11 7 1 1 Sexual Assault w/Object 6 5 3 0 Forcible Fondling 24 16 5 3 Incest 0 0 0 0 Statutory Rape 3 1 3 0 Stolen Property 14 13 8 1 Weapon Law Violation 17 13 6 4 Total Group "A" 2,603 1,527 785 341 Total Arrests- 5 year trend zoo? 6,919 2008 5,887 2009 5,935 2010 5,739 2011 5,611 Agency/County Information page 90 2011 Crime In Idaho Arrests Group "B" Arrests Adult Juvenile Bad Checks 4 0 Curfew/Vagrancy 0 66 Disorderly Conduct 17 6 DUI 524 7 Drunkenness 1 0 Family Offense -nonviolent 15 0 Liquor Law Violation 128 75 Peeping Tom 0 0 Runaways 0 70 Trespass 14 9 Al Other Offenses 3,462 87 Tolal Group "B" 4,165 320 Agency/County Information page 90 2011 Crime In Idaho Agency 2011 Crime Report Population: 396,706 Ada County Total County: Ada Offense Overview Offenses • Offense total 19,970 • % change from 2010 -2.3 • # of cleared offenses 8,513 ° Percent cleared 42.6 • Group "A" Crime Rate 4 per 100,000 population 5034.0 • Summary based reporting Offenses crime rate per 100,000 Group "A" Offenses population is calculated # Cleared for other state crime Juvenile comparisons only. 2183.0 Arrest Overview 4 • Arrest total 17,227 • % change from 2010 -2.2 • Adult arrest total 14,148 • Juvenile arresttotal 3,079 . Arrest Rate per 100,000 population 4342.5 Total Arrests- 5 year trend tam 2008 18,702 q 2009 17,476 '1 2010 17,623 '+ 2011 17,227 J Offenses Arrests Group "A" Offenses # Reported # Cleared Adult Juvenile Murder 6 6 4 0 Negligent Manslaughter 0 0 0 0 Forcible Rape 110 34 13 4 Robbery 70 29 37 3 Aggravated Assault 615 458 270 38 Burglary 1,214 135 121 44 Larceny 6,302 1,677 1,125 678 Motor Vehicle Theft 258 66 47 8 Arson 85 22 4 11 Simple Assault 2,578 1,834 998 240 Intimidation 367 183 74 14 Bribery 0 0 0 0 Counterfeiting/Forgery 238 83 76 1 Vandalism 3,154 452 158 137 Drug/Narcotics 1,746 1,542 1,165 289 Drug Equipment 1,480 1,368 547 139 Embezzlement 73 26 37 1 Extortion/Blackmail 8 _ 3 2 0 Fraud 1,001 145 134 5 Gambling 1 0 0 0 Kidnapping 39 27 6 0 Pornography 39 11 9 0 Prostitution 14 14 14 0 Forcible Sodomy 38 20 6 3 Sexual Assaultw/Object 28 13 7 0 Forcible Fondling 125 64 27 11 Incest 2 1 1 0 Statutory Rape 18 10 10 0 Stolen Property 83 62 41 7 Weapon Law Molation 278 228 117 29 Total Group "A" 19,970 8,513 5,050 1 ,662 Total Arrests- 5 year trend tam 2008 18,702 q 2009 17,476 '1 2010 17,623 '+ 2011 17,227 J Agency/County Information page 91 2011 Crime In Idaho Arrests Group "B" Arrests Adult Juvenile Bad Checks 21 0 CurtewNagrancy 0 178 Disorderly Conduct 393 89 DUI 2,177 18 Drunkenness 179 1 Family Offense -nonviolent 62 0 Liquor Law Violation 621 252 Peeping Tom 6 0 Runaways 0 397 Trespass 187 40 Al Other Offenses 5,452 442 Total Group "B" 9,098 1,417 Agency/County Information page 91 2011 Crime In Idaho Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. 12- Bios : Re -Appointing Robert Corrie to Seat 2 and Cheryl Caldwell to Seat 3 of the Solid Waste Advisory Commission MEETING NOTES WV4 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 BY THE CITY COUNCIL: RESOLUTION NO. /a - SO BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING ROBERT CORRIE TO SEAT 2 AND CHERYL CALDWELL TO SEAT 3 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 6 establishes the Meridian Solid Waste Advisory Commission, its members and terms of their appointments; and WHEREAS, Robert Corrie was appointed in October of 2010 to Seat 2 with a term to expire on September 30, 2012 and Cheryl Caldwell was appointed in February of 2012 to Seat 3 with a term to expire on September 30, 2012; WHEREAS, Robert Corrie may be reappointed to Seat 2 to a term of 3 years to expire September 30, 2015, and Cheryl Caldwell may be reappointed to Seat 3 to a term of 3 years to expire September 30, 2015; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective reappointment of Commissioners Robert Corrie and Cheryl Caldwell as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Robert Corrie shall be reappointed to Seat 2 of the Meridian Solid Waste Advisory Commission, which term shall ran through September 30, 2015. Section 2. That, effective immediately, Cheryl Caldwell shall be reappointed to Seat 3 of the Meridian Solid Waste Advisory Commission, which term shall run through September 30, 2015. 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 2012. RESOLUTION REAPPOINTING CORRIE AND CALDW ELL- PAGE 1 OF 2 APPROVED by the Mayor of the City of Meridian, Idaho, this IItay of I' 2012. ATTEST: IN Jaycee Holman, City Clerk APPROVED: Mayor Ta de Weerd /4pTTEDAUUUs /`O U ` n ^ City of ixnxo m 1 e SEAL r"de i0. h5l% RESOLUTION REAPPOINTING CORRIE AND CALDWELL -PAGE 2 OF 2 Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. /07- fi%o Re -Appointing Matt Stoll to Seat 7 and Kent Goldthorpe to Seat 8 of the Parks and Recreation Commission MEETING NOTES *va 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. AR- S70 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING MATTHEW J. STOLL TO SEAT 7 AND KENT GOLDTHORPE TO SEAT 8 OF THE MERIDIAN PARKS AND RECREATION COMMISSION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 2 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; and WHEREAS, Matthew J. Stoll was appointed in March of 2011 to Seat 7 with a term to expire on October 31, 2012 and Kent Goldthorpe was appointed in August of 2012 to Seat 8 with a term to expire on October 31, 2012; WHEREAS, Matthew J. Stoll may be reappointed to Seat 7 to a term of 3 years to expire October 31, 2015, and Kent Goldthorpe may be reappointed to Seat 8 to a term of 3 years to expire October 31, 2015; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective reappointment of Commissioners Matthew J. Stoll and Kent Goldthorpe as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Matthew J. Stoll shall be reappointed to Seat 7 of the Meridian Parks and Recreation Commission, which term shall rum through October 31, 2015. Section 2. That, effective immediately, Kent Goldthorpe shall be reappointed to Seat 8 of the Meridian Parks and Recreation Commission, which term shall run through October 31, 2015. 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, thisW' "day of 6(�q2012. RESOLUTION REAPPOINTING STOLL AND GOLDTHORPE TO MERIDIAN PARKS AND RECREATION COMMISSION -1 OF 2 APPROVED by the Mayor of the City of Meridian, Idaho, this h""day of �, 2012. ATTEST: In APPROVED: Mayor IarnZy de Weerd Q�SMUD AUQ,L s `2Goo- r'�o ,o "City0f Jaycee Holman, City Clerk `°y SE eR 14e TRE A5�0 RESOLUTION REAPPOINTING STOLL AND GOLDTHORPE TO MERIDIAN PARKS AND RECREATION COMMISSION -2 OF 2 Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Community Development: Energy Grant Completion 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 x, 88%t Noma mono ` mom b 4 gbbo 1 ee 43 3Y=i0 i 'abjl,. irY,o .� w� � .� /�� � � � � � � � \ p�\` � � ~ © ! � � /�������ƒ�/�������j ����������) .4 a, W ..wpm Ino 0000 m m CD CD to cn C) rMOk (D QQo 0 rmtk cam' CD rMOL C/) Cp rm0k 0 CD � O o '� O o � CD cn;l m �p n � o y QZ20 .......... 9 CD ■ 1,4 C/) —� CD CD N � PO o � o CD 0 O 9 CD ■ C/) —� CD CID CD CLCID CD ,. _ ■ Z3 C4 �� �::: Z CDCD C O CD �rC/)(.0 �70 Z3 CD�. � CDQ CID TCD O O rn Z CID CD C -- - CD��' e---4- O CD C' b. Al ■ CD CDrn CV ■ O ,. O a ... CD cQ �■ 0 cd -ftZ CD—' e ■ ■N b v 0 3 -� C N C31 0 0 0 0 t3't O O rn =0 an 2) � o N C31 0 0 0 0 t3't O O ti rmtL0 CD M m m c 3 a n CD rMOL CD N - CL rnCD a o o n(0 r (Dzzft C/);Z*ft. ft�. m m c 3 a n CD rMOL CD N 71 7g' Z-5 71 Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Legal / Community Development / Public Works / Parks Department Report: Downtown Core Sidewalk Facility Standards Update - Proposed Draft Title 8, Chapter 1 Ordinance and Proposed City of Meridian Improvement Standards MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT September 11, 2012 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 8, CHAPTER 1, MERIDIAN CITY CODE; DELETING TITLE 8, CHAPTERS 3, 4, AND 5 MERIDIAN CITY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that the placement of encroachments on sidewalks in the greater downtown area should co}bute to the appeal, marketability, and overall character of downtown Meridian, and should be of benefit to business owners, their patrons, and the general public; WHEREAS, the Ada County Highway Distl sidewalks, has entered into a license agreement with maintenance of sidewalk facilities in the in the dowi WHEREAS, and the limited nature of the CW agreement allows the City to permit, sublicense, and c streetscape encroachments in the dowmpwn Meridian may be revoked by City or ACHD purse City License Agreement; in other words, placement of such encroachments; and jurisdiction over he regulation and Meridian City regulaJofy authority and&f this license tablssfandards for the placement of ity.,Core, which permits or sublicenses ision4°6fithis ordinance or the ACHD- : `;:tr;'y not coy entitlement to the WHEREAS, in aecof`ddtnce with the irpio'':and provis°foi "s of its license agreement with . ACHD, the City seeksFthis 6iftance to protect and promote the health and safety of the public and promote •tCispbarm, chaf ter, and* xe atmosphere of downtown Meridian by regulating the size, placement, operation, and rralhtenance of movable and non-movable structures and objects uporf the NI V, �as [JJ the greater downtown Meridian area; } r NDW, THIFORE, IT ORDAINED BY THE MAYOR AND CITY COUiCIL OF THE CITE OF M2IDIAN, ADA COUNTY, IDAHO: with the 1. That Title;$, Chapter 1, Meridian City Code is hereby repealed and replaced CHAPTER 1: CITY CODE WALK FACILITY STANDARDS 8-1-1: DEFINITIONS: As used in this chapter, the following definitions shall apply: AMENITY: Non -permanent encroachment placed within the Use Zone (e.g., chairs, tables, umbrellas, planters). CITY CORE SIDEWALK FACILITY STANDARDS PAGE 1 OF 14 DRAFT September 11, 2012 CITY CoRE: The area of Meridian, Idaho bordered on the north by E. Carlton Avenue, on the south by E. Ada Street, on the west by N. Meridian Road, and on the east by N. East Third Street. See Figure 02. CLEAR ZONE: The area of the streetscape between Use Zone and Street Furnishing Zone to be free of encroachments or obstructions, typically five feet (5') wide. See Figure 01. ENCROACHMENT: Object placed within the streetscape. FIRST AMENDMENT ACTIVITY: Any and all expressive and associatiyeflctivity that is protected by the United States and Idaho Constitutions, including speech, pc'`Sassembly, and/or the right to petition. This definition shall not include activity that dam gds; Harms, or injures persons or .... property. "" '.`:':.. LIMITED DURATION SIGN: See definition set forth in,,MAdian Unified 5Ve opment Code section 11-1A-1. PORTABLE SIGN: See definition set forth in Meridiah iJnlfied,q elopment Code section 11-1A- 1. STREET FURNISHING ZONE: The area wide and containing streetscape impre STREETSCAPE IMPROVEMENT: Permanent Zone (e.g., street STREETSCAPE: In the J y Core, the back of curb and fa64/k buil( Zone. See Figure 01. tree including [In curb, typically eight feet (8') within the Street Furnishing t bicycle racks). ly adjacent to the roadway, between Clear Zone, and Street Furnishing between face of building and Street Furnishing Zone, CITY CORE SIDEWALK FACILITY STANDARDS PAGE 2 OF 14 DRAFT Figure 01: STREETSCAPE L Properly line (typical) r Public ROW September 77, 2012 Varies Use Zone J Amenity Examples: A Outdoor dining b Tables m Planters • Chairs HClearZone . This area Is required to be kept clear for pedestrian use 8' Curb Street Sireeiscape Improvement examples: v Street trees • Lights • Permanent Benches CITY CORE SIDEWALK FACILITY STANDARDS PAGE 3 OE 14 ♦. Mi Note: An awning or canopy may i require a building C pemill. S _____________ Minimum 7' verticalclearance 1s, C r required for S / overhead bullding Improvements ^IV` amenities in the use zone. i� i I Varies Use Zone J Amenity Examples: A Outdoor dining b Tables m Planters • Chairs HClearZone . This area Is required to be kept clear for pedestrian use 8' Curb Street Sireeiscape Improvement examples: v Street trees • Lights • Permanent Benches CITY CORE SIDEWALK FACILITY STANDARDS PAGE 3 OE 14 DRAFT Figure 02: CITY CORE September 11, 2012 CITY CORE SIDEWALK FACILITY STANDARDS PAGE 4 OF 14 DRAFT September 11, 2012 8-1-2: REQUIREMENTS FOR ALL ENCROACHMENTS IN THE CITY CORE STREETSCAPE: The following provisions shall apply to all encroachments and uses of the Streetscape in the City Core: A. Compliance with City of Meridian Improvement Standards. It shall be unlawful for any person placing encroachments on any portion of the City Core Streetscape to violate or fail to comply with any applicable standard set forth in the City of Meridian Improvement Standards. B. Compliance with City Code. It shall be unlawful for anypeITson placing encroachments on any portion of the City Core Streetscape to violate or faihto oompty with any applicable standard set forth in Meridian City Code, including, buff limited to the Meridian Unified Development Code, Title 10 (Building and Fire cg#eS} and this chaptef;a C. Clear Zone. A linear pedestrian clear zone sh4ltbe W*Ktimes. Owners of property adjacent to the Streets'�st the Clear Zone is at least five feet (5') wide, unint4`11" and free of obstructions. It shall bq,..yplawful for any portion of the City Core Streetsca subsection, except that where site impossible or impractical, the pro accordance with the relevant proc D. Safety. All unlawful for IG11 keep the Use Zone not be comDrised of allow 1. A City o: require a 0 3 on the Streetscape at all responsible 1`6 ensuring that parallel to the roadway, 5"&9'on placing encroachments on any a 61e4;Zone as required by this thatmf cgxnpliance with this section is Tose alfeative compliance in tlelrl; Chapter 5, Meridian City Code. treetscapWshall be safe and in good repair. It shall be s on any pp ion of the City Core Streetscape to fail to clean and No; of litter and debris. Encroachments shall 1;0 f.j.9Atgre that does or may impact pedestrians or IN THE USE ZONE: It shall be unlawful for any person to place an encroachment or placed in the Use Zone without each and all of the following: Zone Encroachment Permit, except that the following shall not m Use Zone Encroachment Permit: a. Encroachments specifically allowed in the Use Zone under a City of Meridian Temporary Use Permit for a Promotional Sales Unit pursuant to Title 3, Chapter 4, Meridian City Code. b. Encroachments specifically allowed in the Use Zone under a City of Meridian Temporary Use Permit for a Special Event pursuant to Title 3, Chapter 4, Meridian City Code. CITY CORE SIDEWALK FACILITY STANDARDS PAGE 5 OF 14 September 77, 2012 c. Encroachments specifically allowed in the Use Zone under a City of Meridian Temporary Use Permit for an Outdoor Market pursuant to Title 3, Chapter 4, Meridian City Code. d. First Amendment Activity, as defined by Title 3, Chapter 4, Meridian City Code, subject to reasonable restrictions on the time, place, or manner thereof. 2. Any and all licenses, permits, and/or certifications required by Department. 3. Any and all licenses, permits, and/or certifications 4. Any and all applicable licenses, permits, lawfully sell or serve beer, wine, and/or ] 5. Any and all other licenses, permits, federal law. B. City of Meridian Use Zone Encrp#chment Permit. the Central District Health Title 10 of this Code. jSptovals required to Use Zone. by localstate, or Application. Application for a Ci Y ofl�Irdan Use Zonencroachment Permit shall be made to the Planning Division of the City of;M&idisn Comf itinity Development Department. Such a tilication may bPA ae.pnlybythe person owning or renting the property directlyajoe(ilo the Use Zq`on which fle`proposed encroachments are to be placed Sucf applicati'oind' ' ,shall inclu a. A completea�iplication bn the form provided by the Planning Division; b. Detailed site plan includlfig locations d til existing and proposed encroachments; c. Photographs orir lldstrat%p'ns sli'9 mg � proposed encroachments- ,,, ,��' d Pzog# q� yvritten notlye to abutting'ptblerty owners; Apphcatiif -Re as set 4xth in the fee schedule of the Planning Division; Affidavit of Lal Interes�t,If}rthe property abutting the Use Zone where the proposed 3;f>.encroachments dte to be pli ed; 9.','' --,'::Proof of an insurance policy with minimum limits of $500,000.00 per person bodily iri if ,. , $500,000,0` per occurrence bodily injury, and $100,000.00 per occurrence property amagd,`riaming the City as additional inswed; and A. h. Other ia)elials;ras maybe reasonably required by the Planning Division. 2. Issuance or denial of application. Within five (5) working days following receipt of all application materials required by this section, the Planning Division shall either issue a Use Zone Encroachment Permit to the applicant or deny the application. Where a Use Zone Encroachment Permit is denied, the Planning Division shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail. CITY CORE SIDEWALK FACILITY STANDARDS PAGE 6 OF 14 DRAFT September 77, 2072 3. Grounds for denial. The Planning Division shall deny an application for a Use Zone Encroachment Permit where: a. The application is incomplete or required application materials or fees have not been submitted; b. Evaluation of the application or application materials reveals that provided information is invalid, false, or incomplete; or c. The proposed encroachment will not be placed in the Use Zone in accordance with all applicable standards and provisions of law. 4. Appeal of denial. Appeal of the Planning Division's issuanc Of denial of a Use Zone Encroachment Permit may be made b the applicant or g'6 owner of property adjacent Y Y pp Yet.,: r• P P Y J to the Use Zone where the proposed encroachmentsare,;to li ;laced within fourteen (14) days of such issuance or denial. Such appeal shall be ade a writing, shall state the reasons for such appeal, and shall be delivered tot ;ty Cler "iamail or in person. Upon receipt of such appeal, the City ( l k shall sched l arp:a lic hearing on the appeal at a City Council meeting wrthm'liiriy (30) days. The Crty`C'On ncil's decision on such appeal shall be a final decision. 5. Provisions of Permit. The Use Zone Encroachntcpt!P.ermit shall include: a. The names of the permit holder permitted to place encroachments) in the Use Zone under such Use Zone Encroach ent Permit; b. The times, dates, places, and i W. erby,Which the &Ot toachment(s) may be placed in the Use Zone under such Use Zone EriCtbthment Pern'f' c. A description of the encroachmen$(s) thaf�may beblaced in the Use Zone under such Use Zone Enc6 li nent Permit, add '' r.. d. Any and all ;other conditions of placement or maintenance of the encroachment(s) placed m the,iJse Zone,ijader such IV'Vone Encroachment Permit that are necessary to protect the public health, safety, anddvplfare, and to mitigate effects on surrounding propertt " 6 Term of Permit The 090 --Zone Encroachment Permit shall be valid for a period of one tI) year, and may. bexenevQ �mivally. Upon expiration of the Use Zone Encroachment it, all encroachments shaltlie removed. 7. ReO,, n of PernW In addition to any and all other applicable civil or criminal penalti6kithe Planni n .'Division may revoke a Use Zone Encroachment Permit where: a. Any Yeiifr c6�1{ltion of the permit or any provision of law is violated; b. It is four afte issuance, that it was issued pursuant to falsified, inaccurate, or incomplete -Information on the application therefor; c. The encroachment, its placement, or any component thereof varies materially from the approved site plan or other representation in the application. The Planning Division shall notify the permit holder of such revocation in writing, and shall mail such notice to the permit holder at the mailing address set forth in the Use Zone Encroachment Permit application. Such revocation shall be effective immediately upon mailing to the permit holder. CITY CGRE SIDEWALK FACILITY STANDARDS PAGE. 7 of 14 KRUM September 11, 2012 8. Appeal of revocation. Appeal of the Planning Division's revocation of a Use Zone Encroachment Permit may be made by the Use Zone Encroachment Permit holder within fourteen (14) days of such revocation. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. 9. Nontransferrable. Use Zone Encroachment Permits shall be nontransferable as to holder, location or arrangement of encroachments, or allowed:aft enities. Changes of holder, location or arrangement of encroachments, or amenia shall require a new Use Zone Encroachment Permit. 10. Limited scope. A Use Zone Encroachment beyond the scope of the encroachment(s) all permitting requirements shall apply to signs structural or other improvements to building 11. Amenities movable. All amenities placed in movable, and free standing. Amenities may not be improvements, buildings, or th6's �lswalk. It shall permanently attach or affix any am&i#y,itl th Use t not co �!ey or imply permissions mder. Sept; ate regulation and/or uses, changes i .ise, and )ache streetscape:?:... me shall be non -permanent, red or fastened to streetscape , ,wful for any person to 12. Maintenance. Use Zone Encroachrdent Pe ` it holders. -shall maintain the Use Zone in a clean condition frd&.bp1'itter and debris r: C. Specific Use Zdne Standardsr he followft standards shall apply to encroachments in the Use Zone, and/or tc `Is ;placemp thereof. 1 CompimhGO with Perittiii It shall'be unlawful for any Use Zone Encroachment Permit hoder to viola£a Ofail toggly with any term, condition, or standard set forth in such City of Meiidian'L7se Zone W_ roachment Permit. 2. 130tier; where required. The sale or service of beer, wine, and/or liquor in the Strec{Gape shall occLf&rdy within a barrier delineating such alcohol service area. All bariieis ii ust meet tj &standards for such amenities as set forth in this chapter. Barriers are allow6dj l)xouglt hey shall not be required, for outdoor dining areas where alcohol is not served. 3. Allowed Use Zone amenities. The following amenities may be allowed in the Use Zone under a City of Meridian Use Zone Encroachment Permit: a. Chairs, benches, seating, and tables, including those which incorporate umbrellas. b. Planters or other container landscaping which meet all of the following standards: (1) Containers shall not exceed thirty-six inches (36") in width or length. CITY CORE SIDEWALK FACILITY STANDARDS PAGE 8 OF 14 DRAFT September 77, 2072 (2) Containers shall be between thirty-six and forty-eight inches (36-48") in height, inclusive of plants. (3) Containers shall be planted with living or artificial plants, and shall not be empty or filled with bare soil or mulch. (4) Containers may be incorporated into barriers at section breaks. c. Barriers that are used to delineate outdoor dining areas or alcohol service areas, so long as such barriers meet all of the following standards: (1) Barriers shall be comprised of black, wrought iron, sectional fencing. (2) Barriers shall accommodate access by disabled persop.S15 required by law. (3) Barriers shall not impede, or encroach into the pg44' 'any points of building ingress or egress. (4) Nonterminal section breaks of barriers planters or other container landscaping d. Heating or cooling appliances as e. Moveable bicycle racks. f Supplemental lighting wh (1) All supplemental light lighting. (2) Supplemental lighting (3) Supplemental Meridian:1y exemlVOffi 1 g. Awnings WM`6hp (1) Awnings slalxi' (2) Ayvrlings shal Fr,.f _. r '`" Tmproveirient Portable signs, as; and pursuant to I' '6de section 1 I Encroachment Pe >f i. News "a Zone Encroaohme fg shall ri' section 1 the all of the ie full cut limitation. unless incorporating 10, Meridian standards: fielded, except for string fts``of closed business. ng standards as set forth in white string lighting shall be i the building to which they are affixed. of Meridian City Code, City of Meridian and the City of Meridian Design Manual. Meridian Unified Development Code section 11-1A-1, therefor as set forth in Meridian Unified Development 6). Portable signs permitted under a Use Zone shall not require a separate sign permit. may be allowed in the Use Zone under a City of Meridian Use nt Permit only where there is no abutting Street Furnishing Zone. Amenities not enumerated in or not meeting the standards set forth in this subsection shall be prohibited in the Use Zone. It shall be unlawful for any person to place or allow the placement of prohibited encroachments in the Use Zone. No portion of any encroachments allowed in the Use Zone shall not impede or encroach into the Clear Zone or Street Furnishing Zone. It shall be unlawful for any person to place any amenity in the Use Zone without a valid, current City of Meridian Use Zone Encroachment Permit. CITY CORE SIDEWALK FACILITY STANDARDS PAGE 9 OF 14 DRAFT September 11, 2012 D. Prohibited encroachments. Except as otherwise specifically allowed by written permit, it shall be unlawful for any person to place or allow the placement of prohibited encroachments in the Use Zone. Encroachments prohibited in the Use Zone shall include: 1. Receptacles for solid waste or recyclables, automated teller machines (ATMs), vending machines, generators, decorative rugs or ground coverings unrelated to safety, platforms, decks, grills, cooking appliances or stations, bars, shelves, serving stations, storage containers, equipment, supplies, or products. r 2. Any encroachment, amenity, or building improvement seven foot (T) vertical clearance area. r 3. Any encroachment which impedes the requ Unified Development Code, City of Meridi Highway District standards. 4. Any encroachment which creates a safety 5. Mobile sales units. Limited duration signs, as lA-1. 8-1-4: RE( ZONE: or extends into a forth in the Meridian 1& or Ada County Code section 11 - STREET FURNISHING A. Required licenses, P6 fits. I1 Shall be unlaw et Fplrfor any person to place an encroachment or allow an encroachment the tilaeed l the. StreumishinR Zone without each and all of the City of Meridia>ireetscape S,ublicense, except that the following shall not require a tY of Meridian Sir tscane Sublicense: a. Ei 0oachments s j: cifically allowed in the Street Furnishing Zone under a City of Meti'lnn Temporary Use Permit for a Special Event pursuant to Title 3, Chapter 4, b. Encroachments specifically allowed in the Street Furnishing Zone under a City of Meridian Temporary Use Permit for an Outdoor Market pursuant to Title 3, Chapter 4, Meridian City Code. c. First Amendment activity as defined by Title 3, Chapter 4, Meridian City Code, subject to reasonable restrictions on the time, place, or manner thereof. CITY CORE SIDEWALK FACILITY STANDARDS PAGE 10 OF 14 DRAFT September 11, 2012 2. Any and all other licenses, permits, and/or certifications required by local, state, or federal law. B. City of Meridian Streetscape Sublicense. A request for a City of Meridian Streetscape Sublicense for placement of encroachments in the Street Furnishing Zone shall be made to the Planning Division of the City of Meridian Community Development Department. Such request may be made by any person. Such application shall include: r 1, a. A detailed written narrative describing the proposed encrAJ6.1iment to be placed in the Street Furnishing Zone; b. Detailed site plan including location of the proposed encroachment and all nearby existing Streetscape Improvements; c. Photographs or illustrations showing all propased encroachriuents; d. Proof of written notice to abutting properly wriers; e. Processing fee as set forth in the fee sctze:ttle of the Planning Dlvion; and f Proof of an insurance policy with minim d limits as tray be required by.City or ACHD• and g. Other materials as may be reasonably regmree Planning Division or City Attorney's Office. /;1 fir r The Planning Division shall forwa l #heretluost for a Cily o Ylen ian Streetscape Sublicense to the City Attorney's Office Witj#1 tYnrty (3b}orking days following receipt of all application materials required y this section, the it Attorney's Office shall either propose ai Streetscape Sutbl(bense toe requestor for negotiation and execution, or de#Ohe regast. Where ategnest for a Streetscape Sublicense is denied, the City Att6r Jy s Office "shall notify tfiesapplicant of such denial in writing, which shall include notice of the right td appeal such dee cion as set forth in this section. Written notice of the demi<shall b8 sdnYvsa U S ..trrai The City Attotrey s Office Shall deny a request for a Streetscape Sublicense where: Required matefl�ls or eee not been submitted; b . Evaluation of thebmlttedequest or materials reveals that provided information is z}walid, false, orfzieomplete; or C. Tl proposed enzoachment will not be placed in the Street Furnishing Zone in err rr accofpce with?`'� applicable standards and provisions of law. 4. Appeal of tk6> .,Ay -Attorney's Office issuance or denial of a Streetscape Sublicense may be made by the applicant or by the owner of property adjacent to the Street Furnishing Zone where the proposed encroachment is to be placed within fourteen (14) days of such issuance or denial. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. CITY CORE SIDEWALK FACILITY STANDARDS PAGE 11 OF 14 DRAFT C. September 11, 2012 5. The Streetscape Sublicense shall include, without limitation: a. The name of the sublicensee licensed to place encroachment(s) in the Street Furnishing Zone under such Streetscape Sublicense; b. The times, dates, places, and manner by which the encroachment(s) may be placed in the Street Furnishing Zone under such Streetscape Sublicense; c. A description of the encroachment(s) that may be placed in the Street Furnishing Zone under such Streetscape Sublicense; d. A dedication to the City of Meridian of any streetscape improvements placed in the Street Furnishing Zone; e. Any and all other conditions of placement or maintenance# file encroachment(s) placed in the Street Furnishing Zone under such Stree supe Sublicense that are r•t r necessary to protect the public health, safety, and cye, �,yand to mitigate effects on surrounding property.M 6. The Streetscape Sublicense shall be valid for a........ ..per bd of one (1) Y`6`93 -and may be renewed annually. 7. Unless otherwise set forth in the Streetscape'' ub icens `' 11 encroachmerits :placed in the Street Furnishing Zone under a Streetscape Su '11c'. 6ahall become the property of the City of Meridian upon expiratignof the Streetscapepblicense. In addition to any and all other apjficabje civil or crimmakp .nalties, the Meridian City Council may terminate a Streetscap Sub!1&:a6 where a. Any term or condition of the Sublicense; or any%faktdard or provision of law is violated; .; b. Itis founder Issuarib'e, that it was,lssued pursuant to falsified, inaccurate, or incoin "' ormatiorf°gn the applrc�flon therefor; c. The encroachment, its p' acement, or any`component thereof varies materially from the agreed upon xte plan ct o ey,yq resehtation. Follo_Ohg,6� Jnatron, the ,Ity tAtfbfhey-N Office shall notify the sublicensee of such terttlliatlon tn:vaxit�ng, arik� skull mail such notice to the sublicensee at the mailing �d�dress set forth`ii the applre�lYon. Such revocation shall be effective immediately upon mailing to the sublicensee. standards shall apply to any and all encroachments in the Street the placement thereof: 1. Complianc6' ?pf"il('Sublicense. It shall be unlawful for any sublicensee to violate or fail to comply with'any term, condition, or standard set forth in a City of Meridian Streetscape Sublicense. 2. Compliance with City of Meridian Improvement Standards. It shall be unlawful for any City of Meridian Streetscape Sublicensee to violate or fail to comply with any applicable standard set forth in the City of Meridian Improvement Standards. CITY CORE SIDEWALK FACILITY STANDARDS PAGE 12 OF 14 DRAFT September 11, 2012 3. Nontransferrable. Streetscape Sublicense shall be nontransferable as to sublicensee, location or arrangement of encroachments, or allowed encroachments. 4. Limited scope. A Streetscape Sublicense shall not convey or imply permissions beyond the scope thereof. Separate regulation and/or permitting requirements shall apply to signs, temporary uses, mobile sales units, changes in use, and structural or other improvements to buildings adjacent to the streetscape. 5. Allowed Street Furnishing Zone Encroachments. The be allowed in the Street Furnishing Zone under a Streetsc the standards thereof as set forth in the City of Meridian I provisions of law: a. Permanent streetscape improvements. b. Mobile sales units. c. Newspaper boxes. d. Delivery service drop boxes. Encroachments not enumerated in this sal Furnishing Zone. 6. Attaching to streetscape. other streetscape conditions of a duly issued Stre permanently attach or affix any specifically allowed by a duly i D. Prohibited encr9Ael the Street Furnishing 1. Non -permanent a f f rrr; 2 Any encroachfiiei lJni led Developt f.. z>ITghway District 3. Any�eubgoachmel 4. Temnor 'Y: %2Uses,i shall only']' se. It encroachments may -rise and pursuant to at Standards or other be secured or fastened to int to the specific terms and for any person to Zone except as shall be specifically prohibited in the required vision triangle as set forth in the Meridian f Meridian Improvement Standards, or Ada County creates a safety hazard. than duly permitted special events or outdoor markets. Limited duration signs, as defined by Meridian Unified Development Code section 11- lA-1. 8-1-5: ENFORCEMENT; PENALTY: A. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the Community Development, Fire, Parks and Recreation, or other appropriate City departments CITY CORE SIDEWALK FACILITY STANDARDS PAGE 13 OF 14 DRAFT September 11, 2012 to assist in the enforcement of the provisions this chapter. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. The processes and penalties for abatable nuisances, set forth in Meridian City Code Title 4, Chapter 2, may also apply. B. Penalty. A violation of this chapter shall be an infraction punis4a ,' e by a penalty of twenty dollars ($20). In addition to such penalty, any person violatirlg'alfowing, or causing any provision of this chapter shall be subject to any and all other �p�jllcable administrative, criminal, and/or civil penalties, including, without hmrtatQn, the p�Iralties for nuisance set forth in Meridian City Code Title 4, Chapter 2. Eacb day upon whh<a violation of this chapter continues or occurs may be deemed a sepal fe and distinct vi"o`ton. 5-1-6: SEVERABILITY: If any provision, clause, sentence, or paragraph of this person or circumstance shall be held tq,l,q invalid by a provision or section shall be conside section of this chapter, which shall rI of this title are hereby declared to be Section 2. Tl ordinance are hereby Section 3. publication. and shall fit1 o"r lie application thereof to any cotKof competent jurisdiction, then such aparffi,ft the remaining provisions or and eff&t�` m to this end, the provisions thereof or in conflict with this immediately upon its passage and of the City of Meridian, Idaho, this day of APPROVED by the, vlayor of the City of Meridian, Idaho, this day of 2012. APPROVED:'`";; :> . _...#f:r. ATTEST: Tammy de Weerd, Mayor Jaycee Holman, City Clerk CITY CORE SIDEWALK FACILITY STANDARDS PAGE 14 OF 14 x y 0 o� M. N o o 0 4F 0 r S4 x S h ,g 4? 0. ZJ � N . ..... .. i�2a� 06 N r+S fD -s fD W cr fD r+ (D fD n CL F? D.. O rt 0C t IL 7 04 13 0 72 fi url, all 7,6 Cr rn 13 0 72 fi 0 c ;cr quo url, all 7,6 0 c ;cr quo I iml 0 4 Air S O L4 C S n CD rn v4= ■ rri a CL O N CL Ho r 0 n O a D.. C N 0 m C N N 0 =3m i i ;10;0� n 00 a n %!Z O -t, 3 CD CL 3 -v -1 O cD 3 CD r+ Vil 00 ftftftftv ftftftft N n EA s H d Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Purchasing Department: Update of Construction Review Committee Findings and Recommendations 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 CONSTRUCTION REVIEW COMMITTEE BACKGROUND At the conclusion of several public meetings and/or comments, the Mayor decided that the City should review its construction & procurement methods and contracts. The Mayors' office asked me to chair a committee to facilitate the review. COMMITTEE The committee was comprised of both employees and professionals from the private sector. The internal team consisted of employees from PW Admin, Engineering and Inspection, Legal, Mayors Office, Finance and City Council. The external team consisted of General Contractors, Construction Managers and Risk Managers. CONCLUSIONS The committee looked at over a dozen City projects with varying degrees of success. It was not long before we could see a pattern develop. The City's expertise is in water and sewer infrastructure projects. Public Works has many capable project managers for these types of projects. Our struggles come mainly from above ground construction, buildings/structures and design -build projects. We also saw the need to identify ONE main point of contact to act as the City's Project Manager for each project we undertake. Public Works Engineering will provide the project manager for the infrastructure projects and the City's Capital Projects Manager should manage all above ground projects (regardless of which department is financing the project). There are 2 main delivery methods for construction projects. Design -Bid -Build and Design -Build. The City has been very successful with Design -Bid -Build and not so much with Design -Build. It is the committee's recommendation that the Design -Bid - Build method be the City's standard. 1 just returned from the National Institute for Government Purchasing annual conference and attended several construction classes. In one class there were over 168 agencies polled regarding method, only a few had used Design -Build, none successfully. There were no agencies that would recommend using the Design -Build method. There are two major management styles for Design -Bid -Build, General Contractor and Construction Manager. It is recommended that the City use a General Contractor for infrastructure projects and a Construction Manager for above ground work (buildings/structures). Procurement methods for these two styles are similar. General Contractor: The project begins by contracting with a designer using either an Existing Master Agreement and issuing a Task Order or by going out with a Request for Qualifications and entering into a Professional Services Agreement with the successful designer. Once plans and specs are complete the City then bids the construction and contracts with a General Contractor. Construction Manager: This type of project begins with the hiring of the Construction Manager (CM). The CM is then utilized in selecting the project designer in which the CM will work closely with throughout the project. The designer is contracted using one of the two methods described above and then the construction is bid out in multiple bid packages or to Multiple Primes. The City uses two different types of contracts, one for infrastructure and one for buildings/structures. The City's in house construction contract has been very successful for infrastructure projects. For Buildings or structures it is recommended that the City use a modified AIA Agreement. Regardless of the project, GC or CM, it is imperative that the City identify the Project Manager to act as the single point of contact between the City and the GC or CM prior to hiring either the GC or CM. MAIN TAKE AWAYS • Project Manager must be a City employee. • GC works best for City underground infrastructure projects. • CM best for buildings & structures. • Design Build projects have not been successful and are difficult to manage. • Customized contracts not likely to stand up in court. • GC assumes risk. • CM does not assume risk. CM -At Risk is an entirely different process. RECEIVE[) CONSTRUCTION REVIEW COMMITTEE SEP 1 12012 CITY OFGZCE Qi CITY CLERKS OFFICE BACKGROUND At the conclusion of several public meetings and/or comments, the Mayor decided that the City should review its construction & procurement methods and contracts. The Mayors' office asked me to chair a committee to facilitate the review. COMMITTEE The committee was comprised of both employees and professionals from the private sector. The internal team consisted of employees from PW Admin, Engineering and Inspection, Legal, Mayors Office, Finance and City Council. The external team consisted of General Contractors, Construction Managers and Risk Managers. CONCLUSIONS The committee looked at over a dozen City projects with varying degrees of success. It was not long before we could see a pattern develop. The City's expertise is in water and sewer infrastructure projects. Public Works has many capable project managers for these types of projects. Our struggles come mainly from above ground construction, buildings/structures and design -build projects. We also saw the need to identify ONE main point of contact to act as the City's Project Manager for each project we undertake. Public Works Engineering will provide the project manager for the infrastructure projects and the City's Capital Projects Manager should manage all above ground projects (regardless of which department is financing the project). There are 2 main delivery methods for construction projects. Design -Bid -Build and Design -Build. The City has been very successful with Design -Bid -Build and not so much with Design -Build. It is the committee's recommendation that the Design -Bid - Build method be the City's standard. I just returned from the National Institute for Government Purchasing annual conference and attended several construction classes. In one class there were over 168 agencies polled regarding method, only a few had used Design -Build, none successfully. There were no agencies that would recommend using the Design -Build method. There are two major management styles for Design -Bid -Build, General Contractor and Construction Manager. It is recommended that the City use a General Contractor for infrastructure projects and a Construction Manager for above ground work (buildings/structures). Procurement methods for these two styles are similar. General Contractor: The project begins by contracting with a designer using either an Existing Master Agreement and issuing a Task Order or by going out with a Request for Qualifications and entering into a Professional Services Agreement with the successful designer. Once plans and specs are complete the City then bids the construction and contracts with a General Contractor. Construction Manager: This type of project begins with the hiring of the Construction Manager (CM). The CM is then utilized in selecting the project designer in which the CM will work closely with throughout the project. The designer is contracted using one of the two methods described above and then the construction is bid out in multiple bid packages or to Multiple Primes. The City uses two different types of contracts, one for infrastructure and one for buildings/structures. The City's in house construction contract has been very successful for infrastructure projects. For Buildings or structures it is recommended that the City use a modified AIA Agreement. Regardless of the project, GC or CM, it is imperative that the City identify the Project Manager to act as the single point of contact between the City and the GC or CM prior to hiring either the GC or CM. MAIN TAKE AWAYS • Project Manager must be a City employee. • GC works best for City underground infrastructure projects. • CM best for buildings & structures. • Design Build projects have not been successful and are difficult to manage. • Customized contracts not likely to stand up in court. • GC assumes risk. • CM does not assume risk. CM -At Risk is an entirely different process. Z O H U H z O U U W n O w a W O 00 a 0 W 2 LL O F- 5 H U W n O w a w U D LL z c z O c� W 0 Z D W LL 0 Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: Legal Department: Discussion Regarding Standard Operating Policy and Procedure Number 4.3.1. Leave Pool for Family Medical Leave Act (FMLA) Qualifying Event 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 STANDARD OPERATING POLICY AND NUMBER 4.3.1 SUBJECT: LEAVE POOL FOR FMLA QUALIFYING EVENT (FMLA LEAVE POOL) PURPOSE: To num define a sk4f�_vacation leave pool for employees that qualify for FMLA and have exhausted all of their available leave. POLICY: The City has established a sinkLvaeatien leave pool available for inet able terminal FMLA qualifying leave. This pool provides assistance to alleviate economic hardship caused by the absence from work necessitated by an inettrable, .,......inn 4"ftess.FMLA qualifing event. AUTHORITY & RESPONSIBILITY: Employees shall make appropriate requests for use of the inei fabl,..,..minal illness the FMLA Leave pool. Human Resources shall be responsible for administering and interpreting this policy. PROCEDURE AND RELATED INFORMATION I. ELIGIBILITY A. All regular full-time employees are eligible to receive FMLA Leave leave -benefits from the pool. Employees must exhaust all of their eligible sick and vacation leave before being eligible to use anv donated leave. Employees may not receive anv donated leave that would allow them to exceed the maximum allowed leave under FMLA durine the qualifying period. II. ALLOWABLE USE A. Employees may donate some or all of their accumulated sek-apid-vacation leave to be used by emplayees with ineiirable terminal i"nessesa designated employee with an FMLA qualifying event. B. Hours are—may availablebe available to employees upon written request from the employee, and a recommendation by the department-headDepartment Director, the Human Resources Director and the Mayor. C. The Department shall seek donation of hours from employee's department first and then may seek additional hours up to the maximum allowed by this policy from all employees. D. The donated hours will be converted to the requesting employee's rate of pay. C. To receive benefits an employee must: 1. Have been absent continuously from work due to an ineiirable terminal qualifyin e¢ vent; 2. Put the request in writing; 3. Employees must have exhausted all of his/her sick and vacation days; 4. Employees must provide a physician statement certifying that the employee h an ineurable, teFminal illness, h h will result death:has an FMLA qualifying event to Human Resources. III. OTHER PROVISIONS A. At the discretion of the Human Reseuree Dire,.t,.« acid the r, a o_As allowed by law, a second medical opinion may be required. B. if ane '^ e does ..ct :.s„ all of the `'^ .ted h the pool the unused ::Y..,�e .:��gr „y „ :..1. /..,.....ti,.« A...... ar hour.....:ll be r^t. med to the siel./.,acat;..« pool. in no ease ..hall a employee be u granted more than .. total of 180 days (1 A 40 houf s) Brom th,. 1.An employee cannot receive donated time after they have achieved the maximum allowed FMLA hours in the event year. Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: City Clerk: Discussion on Process for Approving Alcohol Related Licensing and Permits 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: September 11, 2012 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: City Clerk: Discussion on Update to City Clerk's Fee Schedule MEETING NOTES pf. Iof zl (z. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT • Clerk's Office Department Report • September 11, 2012 CITY OF MERIDIAN 13 U 1T11 /11y YT1rLjr011 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN CITY CLERK'S OFFICE; AUTHORIZING THE CLERK'S OFFICE TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on October 2, 2012, the City Council of Meridian held a hearing on the adoption of the proposed Meridian City Clerk's Office Fee Schedule as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian City Clerk's Office; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian City Clerk's Office, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the City Clerk's Office is hereby authorized to implement and carry out the collection of said fees. 2012. Section 3. That this Resolution shall be in full force and effect on October 8, 2012. ADOPTED by the City Council of the City of Meridian, Idaho this 2nd day of October, APPROVED by the Mayor of the City of Meridian, Idaho, this 2nd day of October, 2012. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk ADOPTION OF MERIDIAN CITY CLERK'S OFFICE FEE SCHEDULE PAGE 1 OF 2 DRAFT • Clerk's Office Department Report • September 11, 2012 Exhibit A FEE SCHEDULE OF THE MERIDIAN CITY CLERK'S OFFICE FEE TYPE FEE AMOUNT INCREASE/DECREASE Beer license — retail $50.00 Same Beer license- by the drink $200.00 Same Wine license — retail $200.00 Same Wine license- by the drink $200.00 Same Liquor license — by the drink $562.50 Same Alcohol catering permit $20.00 Same Liquor/beer/wine license transfer $100.00 Same Citizen's Use Permit $50.00 Same Dog license — neutered $16.00 Same Dog license—non-neutered $21.00 Same Lost dog tag replacement $5.00 Same Fireworks Display Permit $125.00 Same Retail Sales of Non -Aerial Common Fireworks Permit $25.00 Same Temporary Use Permit — Special Event/Outdoor Market (in a park) $150.00 Same Temporary Use Permit — Special Event/Outdoor Market (not in a park) $85.00 Same Temporary Use Permit— Promotional Sales Unit $65.00 Same Temporary Use Permit — Temporary Sales Unit $65.00 $15 increase Temporary Use Permit— Subdivision Model Home or Subdivision Real Estate Sales Office $65,00 Same Temporary Use Permit — Temporary Indoor Event $100.00 $100 increase (new fee) Mobile Sales Unit License $75.00 Same Pawnbroker License without Precious Metal Dealer Endorsement $30.00 $15 decrease Pawnbroker License with Precious Metal Dealer Endorsement $45.00 $45 increase (new fee) Precious Metal Dealer's License $65.00 $65 increase (new fee) Massage Therapy License $50.00'- Same Private Security Services License $65.00 $5 increase Paper copies of public record information 0-100 pages: No charge 101 or more pages: $0.10/page Same Attorney labor to redact nonpublic records Hours 1 and 2: No charge Hours 3 and up: $29.56/hour Same Other labor to respond to public records request Hours 1 and 2: No, charge Hours 3 and up: $24.00/hour Same ` CD or DVD with public record information $1.00 each Same Thumb drive with public record information $7.50 each Same NSF check fee $20.00 Same ADOPTION OF MERIDIAN CITY CLERK'S OFFICE FEE SCHEDULE PAGE 2 OF 2 Meridian City Council Meeting DATE: September 11. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Legal Department: Discussion and Resolution No. 8-71 Declaring the Intent of the City of Meridian to Convey to the Ada County Highway District for Right of Way Purposes a Portion of Certain Real Property Located at 1700 E. Lanark Street, Meridian, Idaho; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance; 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. Id " a-71 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO CONVEY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT OF WAY PURPOSES A PORTION OF CERTAIN REAL PROPERTY LOCATED AT 1700 E. LANARK STREET, MERIDIAN, IDAHO; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS, the declaration may be in the form of an explanation of an intended exchange or conveyance for other than monetary consideration; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit, with or without consideration; and, WHEREAS, the Ada County Highway District has requested that the City Council of the City of Meridian set a hearing to consider the transfer of certain real property from the City to the District for right-of-way purposes; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the City Council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to convey to the Ada County Highway District certain real property located at 1700 E. Lanark St., Meridian, Idaho, to wit, portions of Ada County Parcel # S1108336013 as shown in attachment A of this resolution. RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY -PAGE 1 or 2 Section 2. That the City of Meridian hereby declares its intention to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes. Section 3. That the City Clerk is hereby instructed to publish a summary for this declaration of intent and establish a public hearing date to review the proposal to convey the real property. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code Section 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. q �ADO�P,TEED by the City Council of the City of Meridian, Idaho, this � � day of �2012. `4-- ''��''1111 APPROVED by the Mayor of the City of Meridian, Idaho, this day of =2012. APPROVED: de Weerd ATTEST: Jaycee 1,0 4olman, City Clerk City of IT At fie% a RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY — PACE 2 or EXIIIBIT A Legal Description Meridian Parks Maintenance Facility — Right -of -Way An easement located in the SW '/ of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southwest corner of said SW '/4, from which a brass cap monument marking the northwest corner of said SW % bears N 0°26'11" E a distance of 2650.93 feet; Thence N 0°26'11" E along the westerly boundary of said SW '/4a distance of 735.27 feet to a 5/8 inch diameter iron pin marking the intersection of E. Lanark Street and N. Locust Grove Road; Thence S 89°33'53" E along the centerline of said E. Lanark Street a distance of 624.67 feet to a point; Thence leaving said centerline N 0°27'36" E a distance of 29.00 feet to a 5/8 inch diameter iron pin on the northerly right-of-way of said E. Lanark Street and the POINT OF BEGINNING; Thence N 89°33'53" W along said northerly right-of-way a distance of 23.48 feet to a point; Thence leaving said northerly right-of-way N 45°38'14" E a distance of 33.10 feet to a point on the westerly right-of-way of N. Nola Road; Thence N 0°27'36" E along said westerly right-of-way a distance of 117.51 feet to a point; Thence leaving said right-of-way N 22036'54" W a distance of 9.80 feet to a point; Thence a distance of 9.83 feet along the arc of a 23.00 foot radius curve left, said curve having a central angle of 24°29'02" and a long chord bearing N 34051'25" W a distance of 9.75 feet to a point; Thence a distance of 117.04 feet along the arc of a 55.50 foot radius curve right, said curve having a central angle of 120°49'52" and a long chord bearing N 13°19'00" E a distance of 96.53 feet to a point; Thence S 0°27'36" W a distance of 12.19 feet to a 5/8 inch diameter iron pin on the westerly right-of-way of said N. Nola Road; Thence along said westerly right-of-way a distance of 85.07 feet along the arc of a 44.00 foot radius curve left, said curve having a central angle of 100°46'47" and a long chord bearing S 13045'00" W a distance of 72.43 feet to a 5/8 inch diameter iron pin; Thence continuing along said westerly right-of-way a distance of 13.23 feet along the arc of a 18.00 foot radius curve right, said curve having a central angle of 42006'12" and a long chord bearing S 20036'00" E a distance of 12.93 feet to a 5/8 inch diameter iron pin; Thence continuing along said westerly right-of-way S 0°27'36" W a distance of 157.17 feet to the POINT OF BEGINNING. ����C95lOI�a91i9OlM3 Meridian Parks moi' �,"e suryyi"a ana c"m"uma Job No. 11-80 Page 1 of 2 This parcel contains 1569 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC Revised: September 4, 2012 Lai td ib f ufion j Meridian Parks Lands Surveying and Consulting Job No. 11-80 Page 2 of 2 cc o?O0 V �Z C � fL'LZZ M „9£ LZ.O S 0_ 0] C a a ry L9£9Z 3 .W.ZZ.0 N bl '08V-FON N � LL'L9l M „9£,LZ.O S O�n In50� U I m 3 3 W = 0 N — C 7 N p O p Z ry m p a I U mz��� 1p Nle LL m �nLarn V W N N m n Y N n W U Q ZJQNv)<� JI oe Q < W WF, Z p 3w� 3F- Npo< LLL '3 Z_ v�ir aim¢ W o boo OW O] zzi,n < J WI C LLN ~ N h0,7 N ,O d wpm Z n XV' O Z Z M T W W y r1 Z_ N N J U z Im LU � I ell ,L 0£6 M .11,92.0 Sy^o y CD m o _ ,99S{01 LZ9£L m ,' N n ,£e 06Z '021 3A0210 1snoOl N N n m 9NINY38 30 SEV9 JE OR N� 0ybs26 OC) �C y 0 ' 0 Ln Nd C' 0 Meridian City Council Meeting DATE: September 11, 2012 ITEM NUMBER: 7 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES A ay ' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS