Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2009-02-17
MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba NOTICE OF SPECIAL MEETING !WORKSHOP MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting !Workshop in the City Council Chambers at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, on Tuesday, February 17, 2009 at fi:00 pm. The Meridian City Council will be discussing the following agenda items: Tabled from 2/10/09: Findings for Approval AZ 08-009 -Overland Village by Re/o Development Approve Minutes of January 27, 2009 City Council Regular Meeting Approve Minutes of February 3, 2009 City Council Regular Meeting Approve Minutes of February 90, 2009 Pre-Council Meeting Award of Bid and Contract for Ten Mile Sewer Crossing to Bodiford Construction, lnc. for $129,393.00 with a spending authority fora 90% contingency amount Approve USGS Joint Funding Agreemenrt for $97,585.00 Human Resources Professional Service Agreement with Galena Consulting Award of Bid and Contract to Lake City Trucks for $316,324.00 Arts Commission Update Presentation by Boise / Ada County Housing Authority on Neighborhood Stabilization Program in Meridian Presenrtation with ACHD on the Roadways to Bikeways -Bicycle Master Plan Smoke Free Presentation Heroes Park Update Parks & Recreation Fee Schedule Meridian City Council Special NVorkshop /Meeting -February 17, 2009 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Community Relations Update a On Call /Call Out Policy Employee Complaints Policy a Police Department Strategic Focus Discussion The public is welcome to attend. DATED this 13th day of Febnaary, 2009. H®LMA(V .~` QF %% .~ ~, lA9U ~~ ~L ~ ~a~ ` .,,,~® ~,. ~ o yst ~,... Meridian City Council Special Workshop /Meeting -February 17, 2009 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MayorTammy de Weerd City Council Members: E IDIA~ ~ JoelBorto Charles Rountree ~ _ _ ~ n ~ David Zaremba NOTICE OF SPECIAL MEETING /WORKSHOP MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting /Workshop in the City Council Chambers at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, on Tuesday, February 17, 2009 at 6:00 pm. The Meridian City Council will be discussing the following agenda items: Tabled from 2/90/09: Findings for Approval AZ 08-001-Overland Village by Re/o Development Approve Minutes of January 27, 2009 City CouncfJ Regular Meeting Approve Minutes of February 3, 2009 City Council Regular Meeting Approve Minutes of February 90, 2009 Pre-Council Meeting Award of Bid and Contract for Ten Mile Sewer Crossing to Bodiford Construction, Inc. for $921,393.00 with a spending authority fora 90•/ contingency amount Approve USGS Joint Funding Agreement for $17,585.00 Human Resources Professional Service Agreement with Galena Consulting Award of Bid and Contract to Lake City Trucks for $316,324.00 Arts Commission Update Presentation by Boise / Ada County Housing Authority on Neighborhood Stabilization Program in Meridian Presentation with ACRD on the Roadways to Bikeways -Bicycle Master Plan Smoke Free Presentation Heroes Park Update Parks & Recreation Fee Schedule Meridian City Council Special Workshop /Meeting -February 17, 2009 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilfies related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Contmunfty Refatfons Update ^~ ®n Calf /Call ®ut Poffcy ~'tnp/oyee Con-p/afi>rts Policy Poffce ®epartntent Strategic Focus ®fscusslon The public is welcome to attend. DATED this 13th day of Febnaary, 2009. ~~-,~ '% ., ~®~ V~T 13T ~' ~ ~~' AUNTY ,~~~~~r,.,. Meridian City Counal Special Workshop 1 Meeting -February 17, 2009 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please confect the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • ii Tuesday February 17, 2009 @ 6:00 p.m. CJ City Council Special Meeting Workshop Agenda City Council Chambers 33 E. Broadway Ave., Meridian, Idaho David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd Item Agenda Item Presenter 1 ROLL CALL ATTENDANCE 2 ADOPTION OF THE AGENDA 3 CONSENT AGENDA Tabled from 2/10/09: Findings for A. Approval AZ 08-001 -- Overland Village by Relo Development B Approve Minutes of January 27, 2009 City Council Regular Meeting C Approve Minutes of February 3, 2009 City Council Regular Meeting p Approve Minutes of February 10, 2009 Pre-Council Meeting Award of Bid and Contract for Ten Mile Sewer Crossing to Bodiford E. Construction, Inc. for $121,393.00 Public Works with a Spending Authority fora 10 Contingency Amount • • F Approve USGS Joint Funding public Works Agreement for $17,585.00 Human Resources Professional G. Service Agreement with Galena Consulting H Award of Bid and Contract to Lake City Trucks for $316,324.00 4 COMMUNITY ITEMS/PRESENTATIONS A. Arts Commission Update Meg Glasgow -Meridian Arts 15 Min Commission Presentation by Boise / Ada County Matt Ellsworth /Boise / Ada County B. Housing Authority on Neighborhood Housing Authority 30 Min Stabilization Program in Meridian Presentation with ACHD on the C. Roadways to Bikeways -Bicycle Caleb Hook /ACHD 15 Min Master Plan D. Smoke Free Presentation Adrean Casper with Coalition fora 15 Min Healthy Idaho 5 DEPARTMENT REPORTS A. Heroes Park Update Steve Siddoway -Parks Department 10 Min B. Parks & Recreation Fee Schedule Steve Siddoway -Parks Department 15 Min C. Community Relations Update Luke Cavener -Mayor's Office 15 Min D. On Call /Call Out Policy Bill Nary -Legal Department • i E. Employee Compaints Policy Bill Nary -Legal Department F Police Department Strategic Focus police Department Discussion CITY ORDINANCE/POLICY REVIEW ~ ~ ~ :, ' ~ 5 ,, 4 !~ ~ ~ € ~ G 1 ~ F ~ ~ ( ~ C~ E IDIANz3-- oA Tuesday February 17, 2009 @ 6:00 p.m. • City Council Special Meeting Workshop Agenda City Council Chambers 33 E. Broadway Ave., Meridian, Idaho David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor's Updated/Noted Agenda Mayor Tammy de Weerd Item Agenda Item Presenter 1 ROLL CALL ATTENDANCE 2 ADOPTION OF THE AGENDA P~~~~~~~ ~~ ~.~~cc~c~~~ 3 CONSENT AGENDA ~;~ Tabled from 2/10/09: Findings for A. Approval AZ 08-001 -- Overland RP~~"t<1 ~~ Village by Relo Development B Approve Minutes of January 27, 2009 City Council Regular Meeting ~~' C Approve Minutes of February 3, 2009 ~~ City Council Regular Meeting p Approve Minutes of February 10, 2009 Pre-Council Meeting ~~1~ Award of Bid and Contract for Ten Mile Sewer Crossing to Bodiford E. Construction, Inc. for $121,393.00 Public Works with a Spending Authority fora 10 Contingency Amount • F Approve USGS Joint Funding Public Works Agreement for $17,585.00 Human Resources Professional G. Service Agreement with Galena ~ ~+~~ \/(~ Consulting H Award of Bid and Contract to Lake ~~~~ ~® City Trucks for $316,324.00 ld 4 COMMUNITY ITEMS/PRESENTATIONS A. ~ Arts Commission Update ~~ ~~~ ~ s ~ o Presentation by Boise / Ada County B. Housing Authority on Neighborhood Stabilization Program in Meridian Meg Glasgow -Meridian Arts ~~k Commission 15 Min ~~ L~~ ~"~ i Matt Ellsworth /Boise / Ada County Housing Authority 30 Mira„ _ ~, ,_ , ~~~ ~ Presentation with ACHD on the C. Roadways to Bikeways -Bicycle Caleb Hood /ACHD 15 Min Master Plan ~~~~- D. Smoke Free Presentation Adrean Casper with Coalition fora 15 Min Healthy Idaho 5 DEPARTMENT REPORTS A. Heroes Park Update Steve Siddoway -Parks Department 10 Min ~~ ~~ ~ B. Parks ~ Recreation Fee Schedule Steve Siddoway -Parks Department 15 in ~ ~, ~~~ C. Community Relations Update Luke Cavener -Mayor's Office 15 Min ; y (~~~~, D. On Call /Call Out Policy Bill Nary -Legal Department E. Employee Compaints Policy Bill Nary -Legal Department y F Police Department Strategic Focus police Department ~ ~ ~ Discussion 6 CITY ORDINANCE/POLICY REVIEW 7 EXECUTIVE SESSION ~ Executive Session per Idaho State Code 67-2345(1)(fl(c.) Add Executive Session ~x~ c . s~.SS; c,~ ~ : Gg ~. Ad~•u n~ iL ~c: ~s ~m Meridian City Council Special Meeting Workshop February 17, 2009 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, February 17, 2009, by Council President Charlie Rountree. Members Present: Charlie Rountree, Keith Bird, David Zaremba and Brad Hoaglun. Members Absent: Tammy de Weerd. Others Present: Tara Green. Bill Nary, Caleb Hood, Steve Siddoway, Matt Ellsworth, Jeff Lavey, Ron Anderson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Rountree: Good evening. It's Tuesday, February 17th. I'm going to open our City Council Special Meeting Workshop. First item on the agenda, Tara, roll call. Item 2: Adoption of the Agenda: Rountree: Second item on the agenda is the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: The agenda is pretty well complete as published, except that we wish to add one item and that would an Item 7-A, an Executive Session per Idaho State Code 67- 2345(1)(f) and (c). And with that modification I move we adopt the agenda. Bird: Second. Rountree: It's been moved and seconded to adopt the agenda with the modification. All those in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Tabled From 2/10/09: Findings for Approval AZ 08-001 - Overland Village by Relo Development. Meridian City Council Special Meeting Workshop February 17, 2009 Page 2 to 57 B. Approve Minutes of Janury 27, 2009 City Council Regular Meeting. C. Approve Minutes of February 3, 2009 City Council Regular Meeting. D. Approve Minutes of February 10, 2009 Pre-Council Meeting. E. Award of Bid and Contract for Ten Mile Sewer Crossing to Bodiford Construction, Inc. for $121,393.00 with a Spending Authority fora 10 % Contingency Amount F. Approve USGS Joint Funding Agreement for $17,585.00 G. Human Resources Professional Service Agreement with Galena Consulting. H. Award of Bid and Contract to Lake City Trucks for $316,324.00. Rountree: Next item on the agenda is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we adopt the Consent Agenda as published. Hoaglun: Second. Bird: Second. Rountree: It's been moved and seconded to adopt the Consent Agenda. All those in favor? Motion passes. MOTION CARRIED: ALL AYES. Item 4: Community Items/Presentations: A. Arts Commission Update. Rountree: Through the busy work. Welcome you all to our workshop this evening. We will start with the input from the community with community presentations and items and the first item there is 4-A. Meg. Welcome. Glasgow: Thank you. Well, this is exciting. This is the first time in the new Biggs, so -- Meridian City Council Special Meeting Workshop February 17, 2009 Page 3 to 57 Zaremba: Welcome. Rountree: All right. Glasgow: This is very fun. Thank you very much. Well, I'm very happy to be here reporting tonight on kind of an update to bring you all up to speed on what the Arts Commission has been busy doing since we last spoke way back in the old building. I printed off for you kind of a quick little statement of bullet points, kind of the action items that we have tackled so far since last fall. A couple items that I want to highlight, because I know you will be kind of excited about, our fundraising campaign as noted on there has been relatively successful during these tough times as budgets and whatnot tighten up. We have been -- we have been successful up to this point, but we have fallen a little bit short on some of the areas, but we are continually.seeking grant funding on different things, both in the corporate world and also national arts grants that are available to us, so we are working hard in that department. Our first public art project Origin, done by Amber Conger, is due to be installed here much sooner than we thought. A couple months, actually, ahead of schedule. So, we are just delighted to report that that will be installed here in the early -- early May. So, that is an exciting update on that. We did have a meeting recently last week with many department heads from the city, maintenance and facilities had brought in to talk about maintenance and care of that and something that the artist suggested that I believe is being researched now is an electronic winch system that would hoist the sculpture up and also allow for lowering for cleaning, because that's going to be an issue because the artwork is viewed from the top, as well as from the bottom. So, that's something that will be coming to you, so I wanted to give you an update on that. You have noticed the four original paintings that have been purchased and installed in City Hall. That is our art in public spaces program, which is different from the public art program. Art in public spaces we are hoping to continue this fall and summer time frame and to purchase some more artwork for City Hall. In front of you you should have the list of the 16 area artists that have been selected for Initial Point Gallery. I hope you got a chance to review those. I think they were in your packets. This has been a really exciting project for us. When we opened Initial Point Gallery we made a decision that we were going to schedule a year in advance and we thought we would do two month shows and so we were searching for six artists. But I will tell you we were so overwhelmed with the quality and the high caliber of artists in our area that applied, we kind of made a decision on the fly to abbreviate the exhibition time down to one month, instead of two, so that we could accommodate many more artists. So, that has been tremendously successful. So, we have slated these. We are in the process of contacting them now, the winners and the, you know, ones we are going to encourage to attract next year. And by charging a 35 dollar application fee, which is very standard in the arts industry, we were actually able to net a thousand dollars on that project. So, that, again, is fundraising that we are doing, kind of in a creative way, to offset some of the costs of the projects that we are doing. Something we have coming up very quickly here in mid May is we are bringing for the first time Missoula Children's Theater to Meridian. This is really an exciting group that travels from Missoula with their little red truck and costumes. They involve about 50 to 60 Meridian kids in this production. They will do Meridian City Council Special Meeting Workshop February 17, 2009 Page 4 to 57 the rehearsals on Monday -- or auditions on Monday, rehearsal all week long, and it ends with a perFormance -- now write this on your calendar. It's going to be on May 16th. So, that will be the Missoula Children's Theater. They will be producing Little Red Riding Hood. So, that's very exciting to bring to town. We have been working with the parks department and working with getting help with their putting the word out through their community -- community education program for the additions and stuff. So, it's been fun working with them on that project. So, our goal for this next spring, summer, and beyond are certainly developing and strengthening our partnerships we have with other departments within the city and also community involvement and every project we are looking into we are trying to involve Parks Department and Meridian Development Corporation, coordinating with them specifically on a couple of targeted projects to downtown Meridian. The Downtown Business Association, involving them, and also the Mayor's Youth Advisory Council, too, bringing them on board and getting them involved in projects we have going on. Concerts on Broadway Series, we are working really hard on that trying to pull that together. The vision that the Arts Commission has for a free summer concert series to be held in the amphitheater right out front of City Hall. Our vision that it be family friendly, bring your own lawn chair, picnic basket, and enjoy a free concert series and we are hoping to kick that off at a Saturday night as a wrap up to the Dairy Days festival. So, we are looking to kind of June 20th as a target date for that. So, we figure with grant funding we are looking at preliminary budget prices for that being about 5,000 dollars and partnering with Parks on some of the logistical feats we have to tackle to pull this off and also the downtown merchants and MDC, we are fairly confident that we will be able to partner that and pull that together and pull that off starting this summer. So, that's pretty ambitious. That brings us to another point about the amphitheater. It came up in our meeting last week that that amphitheater really needs a name and so it came out of our group that it was suggested, actually, by Dwight Williams to name it the Old Creamery Theater. We love that idea. But I wanted to bring it to you. The other option, of course, would be open it up to a citywide, you know, name the amphitheater contest. And so I'm looking for direction from you all about -- about the name on that, placing comment or we can save it to the end. Rountree: Any discussion? Comment? Bird: Mr. President? Rountree: Mr. Bird. Bird: While I'd like -- you know, I think it would be nice to have the public input, I -- that Old Creamery Theater sounds awful good to me, seeing how the creamery for years was the thing that give Meridian the jobs and everything and we are sitting on its property and I think that would be a very very nice name. But whatever. If the Art Commission would like to name it that, I would certainly support that. Rountree: Anybody else? Meridian City Council Special Meeting Workshop February 17, 2009 Page 5 to 57 Hoaglun: Mr. President? I feel the same way. It's a nice tie in with our history and what we have here and moving forward and having productions. Kind of nice reminder of where our roots were for this community. Glasgow: Thanks. Great. Zaremba: Mr. President, me, too. Nary: Mr. President? Mr. President, Members of the Council, not to get overly hung up on protocol, but you did designate that apark -- the outside a park, so you might want to send it to the park naming committee, too, to just get their input, too, as part of the process. Rountree: For their recommendation. Bird: For their recommendation. Rountree: Because I think it's a great recommendation. A good share of the area out there was either designed around and even a portion of our building designed around features in the old creamery. So, I think it makes a lot of sense. Glasgow: Excellent. Rountree: So, with all the heads nodding, I think, Bill, if you would put together a recommendation from City Council to go to the parks naming committee. Nary: We can do that. Rountree: And, Steve, you heard that as well, so we will see -- we will see how they respond to that. Siddoway: I didn't hear the name, though. Glasgow: The Old Creamery Theater. Moving on. Speaking of parks, we are working with their community education program to bring teaching artists to that summertime -- spring and summertime program. It's been rather exciting the response. We have got some artists that have been selected for exhibition in Initial Point Gallery and many of them have also expressed interest to bring their artistic talent to the community by teaching both children and adults, which fits very closely with our mission. So, we are excited to be working with Parks about that. We have also began talks with MDC and also the DBA on the feasibility of bringing a summertime farmers market to downtown Meridian. No details to report yet. I just wanted to put that bug in your ear that we are working towards that and we certainly would like an art aspect to that. And so I will report on that more later. We have also been speaking with MDC about trading an artist and residence program, utilizing maybe some used space in downtown Meridian as an art studio, so to speak. So, working on that. Ultimately, looking at some of the long Meridian City Council Special Meeting Workshop February 17, 2009 Page 6 to 57 term sustainability issues for the Arts Commission itself, kind of thinking long term here, but I wanted to let you know kind of the direction that we are headed, to really build a strong arts culture in Meridian, knowing how vital that is to the strength and the core of the community. Creating an arts district, perhaps some sort of designation in the downtown corridor we feel would be a great way to define an area and work with perhaps Planning and Zoning about creating arts design, you know, recommendations and how to incorporate it into bike racks, fencing, you know, street grates, those kind of different things can have artist elements to them. So, that's kind of an idea that's in the back of our minds. The other -- the other issue that we are looking for a solution is, again, on the fundraising side and we are beginning to see a real need for a friends of Meridian arts -- Friends of Arts Commission as a nonprofit status organization that can do the fundraising for us. We are limited about the grants that we can apply for, because we are a member of the city and so that's been a little bits restricting for us and so we have kind of been exploring -- exploring those possibilities. And at some point, once we get a lot of momentum going and we see a lot of success from programs and initiatives that we have had, a percent for art ordinance might be something at some point that we will look into within that arts district and whatnot, so that is kind of what I had on my mind today. I'll open up if you have any questions or any direction, any comments it would be very, very welcome. Bird: I have none. Rountree: Any direction? Comments? Hoaglun: I just had a question, Mr. President. Rountree: Go ahead. Hoaglun: Meg, any -- have you noticed any slow down in donations? Is it getting harder out there with the economy or what's your experience today? Glasgow: Councilman Hoaglun, I don't think a slow down is sufficient enough term to describe what we are going through. It is very, very difficult to go out and ask for donations. We are finding businesses are more likely to donate in kind, kind of services or discounted services for us. For example, we just partnered with the Courtyard Marriott and they were able to save us 700 dollars off our bill for housing the Missoula Theater group. So, we are trying to save everywhere we can. But, yeah, donations are really a tough thing. With regard to the big public art project, you know, we were counting on, you know, presenting -- you know, a donor that would -- we would name the piece after and do all that and that just has not come to light yet. So, yes, it is difficult. So, we are, you know, feeling the pain like many people certainly. One more thing, may I say before we go? We miss you all at our meetings. We had at one point a designated councilman as a liaison -- yeah. So, I would like to invite all of you to join us second Thursday 3:30 right outside. Rountree: You have to notice it if over -- if three of us show up. Meridian City Council Special Meeting Workshop February 17, 2009 Page 7 to 57 Glasgow: I just need one. Rountree: She just wants one of us. Glasgow: Just want one. Bird: Were you the liaison, Charlie? Rountree: Joe was. Glasgow: No. Joe Borton was the liaison, so -- Bird: On Tuesday? Rountree: Any other comments? Questions? I have got a couple things here, Meg. Glasgow: Oh. Rountree: You talked about creating an arts district and, then, you mentioned some things that related to -- I think some guidelines that are already in place for Old Town in terms of light fixtures and outside accoutrements that are to be utilized in that area and you might want to get with MDC on those and find out what is created through their process. The other question about a 503(c) status -- Bill, we have gone around and around about this over time, but it does appear that there are a number of philanthropic organizations out there that will donate, but they will not donate to the city. They will donate to a 503(c) organization and I think that now is not too late to start looking into that with the Arts Commission and possibly -- I know there is one established for the Friends of Parks -- Glasgow: Yes. And I do have the name of a couple people. I have not contacted them yet with regards to that, about maybe resurrecting that organization or it may even be a mechanism where we can use that to raise funds for public art in, you know, specific parks and whatnot. So, there is a lot of possibilities and we appreciate your support in that matter. Rountree: I guess my question is is that something that legal would look into or is that something that Stacy would go after in terms of the financial aspect? Nary: Well, Mr. President, Members of the Council, I guess it kind of depends on what -- what direction you want to go. What we would envision is that you would probably take -- you would end up with two organizations at the end of the day is what I would envision, is you would have a Friends of Meridian Arts Foundation or whatever you want to call it, that's a 501(c)(3) and you'd still have your Arts Commission. So, you would have an entity that's still attached to the city, because there are things in our City Code that is what the charge of the Arts Commission is for, but you would have this Meridian City Council Special Meeting Workshop February 17, 2009 Page S to 57 fundraising arm and the one I always use as an example, Friends of Zoo Boise is kind of set up that way and that's how they support the zoo between both friends as well as the city in supporting that. So, we could certainly do some of the preliminary work. Ultimately, because it would become a private entity, they would probably have to do some of that as the group. There are certainly folks that will do some of the accounting stuff that needs to be done through some of the other service organizations. That's how they have done it. So, I think we could probably do some of the initial exploration of how could we get this done and what steps could we help to sort of facilitate that and at some point, then, I think that group -- because it may or may not be all the Arts Commission members, it may have some of the Arts Commission members and other citizens, they probably can, then, take it from that point and move it forward. So, we can certainly help I guess push it along. Rountree: Okay. Bird: Mr. President? Rountree: Mr. Bird. Bird: I know a little bit about the Friends for Parks, seeing how I was on the original organization and also still am on the board and that's -- what Bill said was just basically we -- we took i# off from the parks commission, a couple of us, and started raising money and donating it out, got a 501 program and went to town. They have still got a board. If you would be -- if you would like to talk to a few of them, it would be -- and they can do things -- raise money and they have already got their 501(3)(c). Glasgow: That would be very helpful. Yeah. Bird: I'll give you some names later. Rountree: Is it the desire of Council to have -- probably, Bill, Emily? Nary: Yes. Rountree: -- work with the Arts Commission to explore this tax status, along with their exploration of the Friends of the Parks, see if there is a way to maybe join them and, if not, move forward with something for the Arts Commission. I see the heads nodding. Zaremba: Yeah. I would say I think it's a logical next step. Glasgow: Wonderful. Rountree: So, Bill, that's some direction for you all. Nary: We can do that. Meridian City Council Special Meeting Workshop February 17, 2009 Page 9 to 57 Rountree: And I think finance ought to be involved in that as well. Nary: Absolutely. Rountree: The last thing is that I get to appoint somebody to be the liaison. Unfortunately, I think the liaison typically came out of the Mayor's office and with my conflict here I would ask for a volunteer if somebody would like to be the liaison with the Arts Commission. Or I'll think about it and appoint somebody. Hoaglun: I can do that. Rountree: Brad, you'd like to do that? Thank you. So, Tara, would you put that in the record that Brad Hoaglun is going to be the liaison with the Arts Commission? Thank you very much. Glasgow: Wonderful. Rountree: Anything else you need tonight? Glasgow: No. It's been real good. Thank you very much. Rountree: Okay. All right. Thanks, Meg, and thank you for all you guys do. You have done great work in the last few months. B. Presentation by Boise /Ada County Housing Authority on Neighborhood Stabilization Program in Meridian. Rountree: Next item on the agenda is -- Matt, are you going to introduce the subject, the Idaho Housing -- or the neighborhood housing? Ellsworth: Mr. President, brief little bit of background. Staff a couple weeks back attended a workshop over in Boise on the neighborhood stabilization program and those are federal funds that are being filtered through Idaho Housing and Finance Association for the purpose of addressing some of the challenges with foreclosures that have come forward over the last few months. While the presentation seemed to me like this is an excellent opportunity to address a need and to begin working toward a solution on it, I remember my eyes were bulging by the end of the presentation, just taking a look at the size and the scope of this voluntary effort and I remember scratching my head on the way out thinking that in order to take advantage of this opportunity the city is likely to have to hire on more staff or to phone a friend, find an organization in the area that already provides similar services and brings a lot of the expertise that's necessary for successful projects. Lo and behold, on the way out of that meeting I had the opportunity to meet Deanna Watson, who is the executive director of Boise City, Ada County Housing Authority, and she indicated that -- that her organization may present an opportunity to partner with one of those existing service providers in taking advantage of some of that federal assistance. We got together about a week later for afollow-up Meridian City Council Special Meeting Workshop February 17, 2009 Page 10 to 57 conversation, at which point it further strengthened my perception of the possible opportunity here for the city to partner and to meet the objectives that the feds have outlined for the use of these funds and to -- to meet a need that -- that could be of benefit to the City of Meridian. But prior to moving forward in that partnership we felt it was fitting to get it in front of you guys to gauge Council's response to the whole thing. So, this evening here with us is Deanna Watson, as well Ben Duke and Terry from the Boise City Ada County Housing Authority, to give an overview of their organization and what they do, talk for a minute about the neighborhood stabilization program and to gauge Council's -- Council's feelings on a potential partnership with that moving forward. Thank you, Deanna. Rountree: Welcome. Watson: Thank you. Council President Rountree and Members of the Council, my name is Deanna Watson and I am the executive director of the Boise City Ada County Housing Authority. I brought with me tonight Ben Duke, who is manager of our construction and development department and Tent' Brooks, who is manager of our real estate asset management. I want to thank you for the opportunity to meet with you this evening to talk about the Boise City, Ada County Housing Authority and, in particular, the neighborhood stabilization program. In the time we have with you tonight we want to accomplish two things. First we want to take the opportunity to introduce ourselves and our potential connections with the City of Meridian. And, second, we want to talk about the neighborhood stabilization program funding available for use with the city and describe some ways we can be of assistance in helping Meridian address the impact of the foreclosure crisis in particular and affordable housing needs in general. One of the common misperceptions of our agency is that we are simply another nonprofit focused on affordable housing and that we survive on the good work of grant writers and fundraisers or that as our name might imply, that we are either a division or a department of the city of Boise or of Ada County or both. And the fact is neither assumption is correct. Our agency is established under state statutes. The Boise City Housing Authority is authorized under Title 50, Chapter 19, and the Ada County Housing Authority under Title 31, Chapter 42. Although both entities operate as one organization, it is the Ada County Housing Authority that provides us with a connection and we believe an obligation to the City of Meridian. The state statutes established that we are an independent body, corporate and politic, and we are charged by the statutes with the responsibility to provide certain essential public and governmental functions for the jurisdictions we serve. State statutes provide that urban renewal agencies can be created to undertake and cant' out urban renewal projects and related activities within established jurisdictions. Likewise housing authorities can be created to prepare, cant' out, acquire, lease and operate housing projects, to provide for the construction, reconstruction, improvements, alteration or repair of any housing project or any part thereof. As executive director I work for a board of commissioners appointed in staggered terms in alternating years by the Mayor of Boise and City Council and by the Ada County commissioners. We do not receive city or county funds. The bulk of our funding comes from federal contracts and grants with the United States Department of Housing and Urban Development. We also receive funds from the Meridian City Council Special Meeting Workshop February 17, 2009 Page 11 to 57 Department of Veterans Affairs and the Department of Justice. In addition, due to our status as aquasi-governmental entity, we have the authority to issue bonds to finance projects and we have done that to finance our own assisted home ownership program, to construct and rehabilitate our own non-HUD subsidized multi-family housing and have provided conduit bonds to developers seeking advantageous financing in exchange for agreeing to reserve a number of units to meet the needs of affordable housing for low and moderate income families. To give you a bit of an idea of the current scope of our programs and projects, we operate HUD programs, low rent public housing, the Section 8 housing voucher program, the Section 8 new construction project, a number of service enriched housing assistance programs for individuals with mental and/or physical disabilities and home ownership assistance. We provide assistance to approximately 2,500 families every month, nearly 200 of those living within Meridian, and that equates to a little over 1.1 million dollars a year to -- in rental assistance payments to Meridian landlords. Our most recent endeavor is providing oversight in the design and construction of the Region Four detoxification and sub-acute mental health facility. Once that project is built, we will serve as the facility manager and owner. So, that's kind of the background on the housing authority. And, then, a little bit about the neighborhood stabilization program and, then, I have brought Ben Duke, who is in charge of that program, so I'm hoping you will indulge me and let me refer any questions onto him for the expertise that he brings. But as you may be aware, the first round of stimulus funding passed by Congress and signed by then President Bush last summer included 19.6 million dollars to the state of Idaho for a program called the Neighborhood Stabilization Program. The purpose of the funding is to assist in the redevelopment of abandoned and foreclosed homes and to stabilize neighborhoods and communities. As Matt mentioned, the Idaho Housing and Finance Association is the administering agent for the state of Idaho and as an entitlement city, Meridian is entitled to receive 1,158,456 dollars of that 19.6 million. Now, if Meridian hasn't applied to receive the funding before the end of this month, Meridian's allotment will, then, be added into the pool of remaining funds be available for application by other entities around the state. That can include nonprofits, cities, and housing authorities. Current statistics indicate that with the state divided by zip codes, Meridian's 83642 ranks fifth neediest and number one in Ada County. So, as Matt mentioned, we have completed some initial meetings and we requested this opportunity to meet with you to apprise you of our capability of assisting you to whatever degree you desire and also to take advantage of the opportunity to let you know who we are and that we really should be partnering with you in every way that we can to help address the affordable housing needs in Meridian. Ben Duke is our construction development manager assigned to this project and he brings over ten years experience operating a similar HUD program for purchasing, rehab'ing, and reselling foreclosed properties as affordable housing around the state of Idaho. If you would like to access the money reserved for the City of Meridian, we are in a position to provide you with all that you need to achieve a successful program. As a sub recipient, the City of Meridian would be eligible for an eight percent administrative fee to cover the cost of delivering the program. Under the program, with or without our help, you can access the funds to acquire eligible properties, perform rehab, and sell to home buyers up to 120 percent of area median income or rent to individuals or families up to 50 percent of area median income. And Meridian City Council Special Meeting Workshop February 17, 2009 Page 12 to 57 all of the -- 25 percent of all of the neighborhood stabilization program funds are to be used to house families and individuals whose incomes do not exceed 50 percent of AMI. So, we would -- we would love to have the opportunity to work with you. We have an interest in workforce housing and in the whole array of housing needs for we know a great thriving, growing community of Meridian. So, with that I will stop and I will put it up for any questions and, like I say, if it's okay with you, I may defer to Ben for the correct answers. Rountree: Questions? Discussion? Hoaglun: Mr. President, just a question for Matt. What do we have in place right now if we were to move forward on that -- that federal grant? I don't think we have much, do we? Ellsworth: Mr. President, Members of the Council, Councilman -- that's correct. Really don't have all that much at all. Unfortunately, including the expertise and the familiarity with the sort of work force housing endeavor to -- in my assessment pull off successful projects. It would be -- it would be a bit of a challenge for -- for the city on its own to embark on this with current -- current staffing and other responsibilities and so forth, which is why I was so excited when Deanna introduced herself, that their organization does bring a lot of that expertise to the table and it seemed like a very fitting partnership opportunity for the city to work with a nonprofit organization and, again, achieving the ends that the federal government anticipated for this program and to meet a need within the city here of work force housing and affordable housing, things of that nature. Hoaglun: Thank you. Rountree: Other questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I guess this is a comment that will lead to a question. A few years ago when we were developing our new Unified Development Code we did have discussion about requiring developers to have a certain percentage of their property be affordable housing or workforce housing and, as I recall, we ended up not actually putting that into the ordinance, because the discussion got to, okay, the first buyer of the house gets a good deal and has to qualify for it and everything, but how do you keep them from later selling it a market value and we decided we didn't have the manpower to control a program like that. Do you have those kind of follow-up and controls or do you maintain a portion of the ownership or what happens? Watson: Councilman Zaremba, I can speak in general and, then, maybe I'll turn it over to Ben to speak about this program, but in the development of our home ownership programs we have established some deed restrictions and some -- in our home Meridian City Council Special Meeting Workshop February 17, 2009 Page 13 to 57 ownership program we offered a down payment and closing cost assistance grant, but it was forgivable over the course of a five year period, 20 percent per year, so that would discourage somebody from trying to turn it into a situation where they could benefit from the profits of just tuming around and reselling the house and I think Ben can talk about any other program. Duke: The NSP is a brand new program and Idaho Housing is well aware and concerned with the possibility of the first homeowner tuming around in a few years and selling for a profit. There will be deed restrictions on the first home buyer. They are working out how those are going to fit in. It's going to be similar to the home program, I believe, where it will be a second on the property, forgivable, I believe, in 15 years, so they have to live in the property for 15 years or that will go back to Idaho Housing. Zaremba: That helps. Thank you. Rountree: Deanna? A couple questions here. One relates to the --the stimulus money that we are entitled to as a city and I guess I'd direct this question to staff. Did we notice that they had an opportunity to -- to see this presentation? Were we notified as a city? I don't -- this is the first time I have heard of it. Ellsworth: Mr. President, Members of the Council, city staff and I believe the Mayor received some of the announcements from either HUD or Idaho Housing and Financing about -- Rountree: Okay. Ellsworth: -- the workshop several weeks ago, which is what led us to the workshop. Rountree: Okay. Ellsworth: And you know the rest of the story from there. Rountree: Very good. Thank you. And, then, you indicated the magic day is 11 days from now that applications have to be in by the end of the month. My question is what -- what constitutes an application? Deanne: With your permission I'll defer to Mr. Duke. Duke: They want -- Idaho Housing would like to see a -- an overall view of what the plan is for the City of Meridian. I believe the best application would be one that would follow their statewide goals, which would be to see 50 percent of the funds go to acquisition, rehab, and resale. Thirty percent of the funds go to acquisition rehab and rental and ten percent of those funds go to acquisition of vacant land for blighted property and new construction. Meridian City Council Special Meeting Workshop February 17, 2009 Page 14 to 57 Hoaglun: And, Mr. President, if I might ask Deanna what -- what was that amount again? It was one point something million that we were eligible for? I didn't get the -- Watson: Councilman Hoaglun, it is one point -- 1,158,456 dollars. Hoaglun: Okay. And if I might follow up, then, that is from that -- the TARP program from I think October last year or whenever they did that and that is what I'm assuming to be one time money. That that would come in -- we expend it for the purposes and, then, that would go away or we would purchase the properties, rehab properties, and, then, it continues on from there? Duke: The way that that works is once the money is expended, then, any money that we receive back would go back to Idaho Housing. The City of Meridian could, then, reapply for those funds and resubmit another application. So, it would be revolving for the next four years and the funds actually have to go back to HUD July of 2013. Rountree: Now, in terms of an application, this is not a grant where there is competition, so an application from the City of Meridian would, with an overall plan that might approach these numbers that you spoke to, would result in receiving that funding? Duke: That is correct. Rountree: And what's the duration of that funding? Does it have to be spent within a time period? Does it have to be obligated? What's attached there? Duke: 1(ou have 18 months to obligate that money. Rountree: And if it's not obligated, then, it returns to you? Duke: Idaho Housing. Rountree: For years? Duke: If it's not obligated within the first 18 months, then, that money would go back to Idaho Housing. Rountree: And you have the ability to redistribute that for what period of time? Duke: Four years, which ends July of 2013. Once the money is obligated, then, it can just continue as a revolving fund. Rountree: Does that money -- the 1.15, 1.16 million dollars sit with you all until such time as Meridian makes an application or do you put that money to work? Meridian City Council Special Meeting Workshop February 17, 2009 Page 15 to 57 Duke: The way that that would work is once an application is submitted and the Idaho Housing approves the plan, then, those funds will go to the City of Meridian and, then, we will have to carry out the plan. Hoaglun: Mr. President, to follow up on that line. If you can tell me, then, what -- how would you work if we said, yes, we need your help in this, you know, we aren't set up, but you still need to coordinate with the City of Meridian. What would that look like? I mean how much time -- what type of involvement do you need -- I mean we would have a plan, we said this is our plan, it looks good, but, then, what? Can you kind of walk me through how that would work with your operation? Duke: Sure. We would get together and figure out what areas that we are looking at and targeting. We would go out and do physical inspections on the property. We would, then, submit the properties that we would want to use in our rehabilitation and work with the real estate agents in order to find buyers. We also have an in-house program that's a family self-sufficiency that we can pull home buyers from and sell our properties that way. We have to -- on our resale property we'd have to sell to individuals -- individuals or family members that are 120 percent or below median income. Hoaglun: So, from a staff perspective, then, once we get the ball rolling there doesn't -- I'm trying to figure out how much of our city staff time that would be required to interface with your organization or is it once the thing -- we tum it over and say, yes, this is what we want to do, it's pretty much hands off, except for occasional updates or reports? Deanne: Councilman Hoaglun, I think our position on that would be we would take guidance and direction from you. If you wanted to give us a broad outline and say we'd like you to focus in these areas and report back to us on a monthly basis or whatever frequency to whatever degree, we have got agood -- started a great relationship with Matt and so -- and even to the point of making the application, I think we can provide you with all the assistance you need to get that done and we apologize this is such short notice. It's one of those things where the program was signed into law and the money had to be approved by HUD and, then, Idaho Housing held meetings and so we have been -- we have been trying to scramble as quickly as we can and we do feel a great obligation to the City of Meridian, because we are the Ada County Housing Authority, but we have had very little projects or activities on your behalf and we would like to step that up. Rountree: You mentioned that there is an eight percent administrative fee that can come out of that money. Is that something that we would split with you or that you would operate on with our direction? How does that work? Watson: President Rountree, we would see that eight percent as being of the funding that you would have to pay for the program costs. So, you wouldn't have to wont' about reaching into any Meridian city coffers and, then, it would depend upon what degree you Meridian City Council Special Meeting Workshop February 17, 2009 Page 16 to 57 wanted us to do and what degree your own staff would be doing and we can work all those details out. Rountree: So, my sense is that you could -- you would work somewhat as a consultant to us with those fees. Watson: Yes. Rountree: Thank you. I have question for Anna and/or Matt. Either one. Good evening. Canning: Good evening. Rountree: This is something that I'm interested in exploring, but I'm concerned about staffing -- staff time. Is that something you have given much thought to? I know Matt apparently has, so maybe Matt can answer this, but he's ultimately going to have to answer to Anna. Canning: I'll let Matt answer. Rountree: All right. Ellsworth: Mr. President, Members of the Council, and boss. The nature of the relationship coming out of the conversation that I had with -- with BCACHA a couple of weeks ago, in my mind would be structured somewhat similarly to the administration of the community development block grant funds the city's currently receiving in that the city isn't necessarily the program developer or the program administrator, it's the grant administrator. We would, essentially, be a conduit though which these funds would flow from Idaho Housing to BCA -- excuse me -- to the House Authority in order to meet the objectives that are outlined in -- in the law. So, my take on it is that if that's the nature of the relationship that you guys sort of envisioned as well, it's something that I as staff am confident in taking on. Canning: And, President Rountree, we had met with Deanna before and it seems like a great partnership opportunity, because we don't have the expertise in actually running these programs. It seemed like a good match even for the CDBG funds and we were moving that way. Also, it's just a -- now where was I going with that thought? I'm having a blond moment. I'm sorry, sir. It's a good relationship. They had ideas about things that we could do that we had never thought about. I know what I was going to say. Also we are trying not to get too many programs tied with the CDBG, because we don't know how long as a city we will be able to continue to get those funds, so we are not -- we are trying not to get too entrenched. But this was a good relationship we could have while the money is flowing and, hopefully, get some good projects going. Ellsworth: Mr. President, a brief follow up. To look at it from a slightly different angle, as I mentioned in my introduction there, I think without the partnership that we are Meridian City Council Special Meeting Workshop February 17, 2009 Page 17 to 57 discussing here today, my concern would be that it's a missed opportunity, because I'm not confident that with the city's current resources and staff availability that we have the capacity to put these funds to use and it could be a situation where we are allowing an opportunity to pass us by, as opposed to the discussions of a partnership with -- with an existing nonprofit that has some of those capabilities, the experience, the administrative -- they are fairly well dialed in. They are creating successful projects a little bit east of here and this is an opportunity to spread some of that involvement further west into Meridian. Rountree: Thank you. Mr. Nary? We typically do not act on these kinds of things during a workshop. In terms of the next step -- and maybe I should ask Council first if they want to continue to explore this and pursue this. Though the time frame is the end of the month, it sounds like we could apply at some point in time after that and still -- still get this program rolling. So, I don't know that there is a great urgency. But would the next step be to schedule this during a regular session, have either a hearing or a staff presentation with a resolution or some form of authorization to move forward with this. Nary: Mr. President, Members of the Council, that makes -- that makes the most sense to me. I mean you certainly can act on this item if you wish. I mean just because this is a workshop doesn't mean you can't take action, but if what you're really wanting is direction from the staff to, essentially, work with the housing authority and, then, report back to you on what the next steps need to be for the city, whether -- when the application needs done, what's it going to be, what relationship we are going to have with the housing authority, how all that's going to be done. I don't know time period Matt might need, but that sounds like something that's a couple weeks out, not next Tuesday. But that -- that certainly is the direction you can give tonight. It sounds like you have got a lot of the information, so it really is maybe more formalizing it and, then, deciding -- I guess because I don't know either, if a resolution of the Council is the form we have used in other cities or whether it's something less than that. But that's something probably Matt and Mrs. Watson they can figure that out and bring it back to you. Rountree: And, then, I -- Nary: If they need our assistance we can certainly provide that, so -- Rountree: And a question to Deanna is this typically a contractual relationship or how are they formed? Watson: Well, President Rountree, this is, actually, a little bit of new ground for us to be plowing as well. Rountree: Okay. Welcome aboard. Watson: And Iwould -- I would like to add that if the timing just doesn't work and we get to that March 1st deadline and the city just felt like it was just to much to take in and decide on, we can still make application, along with everybody else, for funds for the Meridian City Council Special Meeting Workshop February 17, 2009 Page 18 to 57 City of Meridian and we'd still be happy to work under your direction and guidance on where you would like to see us focus. It's just at that point, then, we are competing with everybody else around the state. Rountree: Thank you. Council? Zaremba: I guess the only question I would have is how complete does that application have to be on March 1st? I mean we have a one page summary of what we are planning to submit or -- Duke: I believe we would want to have something fairly complete, so we would score higher with the Idaho Housing Finance Association. Zaremba: Okay. Watson: And we could do most of that. Duke: I believe so. Yeah. And we -- the Housing Authority could do most of that. Rountree: Others comments? Direction? Desire? Bird: Mr. President? Rountree: Mr. Bird. Bird: I would like more detail before, you know, we jump into it, but I think that we, evidently, from what they are saying, we have got time to do it and I would not mind going on looking, see what it is, and see if that's the avenue we want to pursue. Hoaglun: And, Mr. President, just a comment. You know, there are a lot of I's to dot and T's to cross on this, but there is a need out there and I think with the money that's available we ought to take a look at it and see if in the short time frame we could put something together. Canning: President Rountree? Rountree: Anna. Canning: Matt can work on this and get something back to you next week. I don't think you will have it in time to get it into your packet, but he could present it to you on Tuesday for your consideration, flush out some of the details anyway. Next Friday is the last working day -- or week from this coming Friday. I have never known if that's this Friday or next Friday or whatever it is, but it's the last working day of the month, so -- Bird: Yeah. Meridian City Council Special Meeting Workshop February 17, 2009 Page 19 to 57 Rountree: Well, that would be my desire, Council, is to have staff further explore this and bring us back something with a little finer point on it and we can move forward at that point. Zaremba: Sounds good to me. Rountree: That work? Matt, that work for you? Do you need anything else from us? Ellsworth: No, sir, Mr. President. Rountree: Thank you. And thank you for being here. Bird: Thank you guys very much. C. Presentation with ACHD on the Roadways of Bikeways - Bicycle Master Plan. Rountree: Caleb, next item. Are you going to introduce this? Hood: Mr. President, Members of Council, that is all that I'm going to do is just introduce Justin Lucas. He has a Powerpoint presentation for you. We have asked Justin to come and present this and ask for any input you may have on the roadways to bikeways plan and get it out for draft comment and with that I will tum it over to Justin. Lucas: Let's see. I'm just trying to get acclimated. The machine wasn't on when came up here and I wasn't prepared for that. Rountree: Help is on its way. Lucas: Excellent. Excellent. I better not touch anything. There we go. We are up and running. Well, thank you for your -- your time tonight and for the opportunity to come and present this to you. The roadways to bikeways plan is a countywide effort initiated by the highway district about a year and a half ago to take a very close look at the -- the bicycle facilities that we are providing as a district throughout the county and, obviously, within the City of Meridian. The background of the plan -- and if there is any questions throughout the presentation, please, feel free to just stop me. I will try to get through this as quickly as I can. I know that there is -- it's a pretty full agenda tonight. The background of the plan was to focus the effort towards the on-street facilities and connectivity. So, just as a clarification, the plan as it currently stands, does not make any recommendations to the off-street network. So, any type of pathway that's maintained or -- maintained or gotten through development, that maybe your Parks Department has jurisdiction over, is not looked at in the plan. We are doing our best to look at it for connection points, because connecting the two is important, but we are not making any recommendations to that. It's a countywide plan and the recommendations from the plan are going to feed into our normal planning and programming of functions. Meridian City Council Special Meeting Workshop February 17, 2009 Page 20 to 57 The purpose -- really, the key purpose, was, as I mentioned, to evaluate the existing facilities. To identify new facilities needs and, then, provide a comprehensive strategy for enhancing and expanding the current bicycle system. And by doing that there were several things that we did. to identify those gaps in the system and there is a lot of them out there where there is a bicycle facility -- for example, a bike lane going down a road and, then, it may stop and there may be a gap and, then, it may pick up a mile down the road. And those types of gaps are difficult for the users, the bicyclists, because they may not feel safe between those two points. And so the goal, really, is to create the connectivity and increase the safety of the users. The development of the plan, extensive review of the existing documents and policies within the highway district and also that the cities already had in place, assessment of existing bicycling conditions. So, there was a very detailed field evaluation that took place. You know, people out in the streets looking and identifying those gaps and deficiencies. Public involvement was a very large part of the plan. The cycling community in Ada County, within the City of Meridian, and the city of Boise and all the cities, is pretty active and there is some organizations that already exist out there and what we found as we went out and talked to these people, that they have a lot of good ideas and so we did bicycle counts at 33 locations, interviews with local agency representatives. There was an online questionnaire that took place early on in the plan asking, you know, what -- what do you want, asking the public that, and there was over 2,000 responses. And, then, two public open houses with over 300 people attending. So, there was a pretty significant public involvement process that took place. And what we teamed out of that -- that pubic involvement was that the lack of bike lanes, paths, and routes is a bamer to bicycling for 75 percent of the respondents. So, what they were saying was that, you know, we would ride more if the system was better. And that's -- it's a good thing to recognize that, because, you know, as part of this plan we are really trying to promote, you know, bicycling and safe bicycling throughout the county and so that was a good thing to recognize. They talk -- the public mentioned gaps in the bicycle network as being, you know, one of the major barriers. They talked about education, better signage, way finding signage and, then, connecting the cities for recreational trips. What we heard a lot of and what I deal with, because I take phone calls on this quite often, are people who are trying to ride from the City of Meridian to the city of Boise on a bicycle and it's not necessarily the easiest thing. The Pine connection that recently was completed has helped a lot, because that -- that Pine Street is, really, one of the -- one of the corridors that we have which is the most bicycle friendly, because you can actually get across Eagle Road there and be on a more -- it's a collector street with some pretty significant volumes, but it's better than Fairview or some of the other ones out there, so -- but it's those connection points between cities that a lot of people have brought up and I get questions all the time about how can we make that better and this plan tries to identify ways to do that. So, the goals -- I'll just read them quickly here. Complete a bicycle facility network that maximizes safety, provides connectivity and supports the bicycle as a viable transportation mode along the residents of Ada County and its six cities. And, then, the second one is really to promote bicycle safety and increase bicycling within Ada County and its six cities. And we really, as a highway district, look carefully at that goal and, you know, part of what we do is Commuteride and some of the other programs we have to try to reduce vehicle trips, because it helps air quality and, you Meridian City Council Special Meeting Workshop February 17, 2009 Page 21 to 57 know, there is tons of ways that that helps us as a valley and bicycling can be one of the ways to achieve some of those goals. The recommended network -- you know, the plan goes into great detail about -- about bike lanes and where they should be located. Sign shared roadways, which are bike routes, which maybe a road like the picture on the bottom there that doesn't necessarily have a striped bike lane, but it's a road with lower volumes, lower speed, that could be safe for bicyclist to operate on without a bike lane. Bicycle boulevards, which are like a signed shared roadway or bike route, but with maybe special treatments like bulb outs or other things that really make it bicycle friendly. Wide outside lanes and shoulder bikeways in the rural areas are also popular ways to accommodate bicyclists. And I put pathways on here also, because although the pathway system isn't specifically -- there is not specific recommendations for pathways in the plan, the pathway network is a key -- is a key part of the overall bicycle connectivity within the valley. So, after, you know, looking at all these things, there was a selection process and some short-term network options and a prioritization system that was developed for the projects that came out of this -- all this work that was done and all those things were -- you know, there is cost summaries that were developed and the projects were prioritized based on several factors. Connectivity. Did that project fill missing gaps. User generators. So, what were the -- what are the characteristics of that roadway that may create a large need for bicyclists. Excuse me. Land uses. Overcoming barriers. Regional benefits. Ease of implementation. And, then, really, taking all those -- those inputs into the prioritization system and, then, looking at how it works with our-- our -- with the. way we prioritize our other community programs, sidewalks, and things like that. So, it's, really, a process of taking all this information and trying to come up with a way to -- to wisely expend funds that can help -- help the network. Here is just an example of some of the short-term network improvements across the valley. Several of those in the City of Meridian. As you can see, some examples that I like to use -- I live in Meridian and I kind of in the near Cheny and Linder. The -- some of the ideas, especially in Meridian, where you really provide maybe some signage to show people routes through neighborhoods -- existing neighborhoods and get them off the arterial streets, s®, then, they may feel more comfortable. And through signage there is a lot of existing streets that, you know, kind of cut through at the half mile that if a cyclist wasn't aware of that he may never think to go down that road, because you can't see all the way through. But through signage and some other things like that there may be a way to really create those connection points and link up with some of the existing pathways. So, that's an example of some of the projects that -- that are talked about in the plan. The funding and implementation is a -- is avery important aspect of the plan and it gives a lot of information on how we can expect to achieve this, especially in these economic times when -- you know, when funding sources are limited. What we -- what we have realized is that a lot of these things we may be able to achieve through our -- through our standard practice of chip sealing and restriping roads. There may be some roads when the existing lanes, just through restriping, may be able to accommodate a bike lane and that wouldn't cost the district very much money at all, it's just a matter of identifying those areas where we can go in and restripe after a chip seal, for example, and put in a bike lane or a bike facility. You know, working within our capital improvements plan and looking at roadway projects that include bike facilities and making sure that bike facilities are included in our Meridian City Council Special Meeting Workshop February 17, 2009 Page 22 to 57 projects. Identifying existing and potential federal, state, county and local funding sources. There are bicycle resources out there that can be identified and we have a full-time funding facilitator at ACHD who looks into these things as part of their job. Grants go right along with that. And what we always need to do and remember is to reconcile the funding needs of the plan, you know, versus the availability of funds and making sure that we are making wise decisions and not -- and making sure that when we are expending money on bicycle projects that it fits within the overall goals of the district and of the goals of the community. Supporting programs. There is a lot of also programs mentioned in the plan, construction and maintenance recommendations, education and outreach recommendations and a lot of things that as a district that we already are doing, but just are reinforced in the plan and, then, education and outreach recommendations. Those may not be things that ACRD will be able to pursue on its own, but there may be partnerships with local organizations and nonprofits for education opportunities that are available. As I said, there is a -- there is a pretty strong -- there is strong support from the bicycle community and they have their own organizations that I have spoken to and presented to and there is a lot of support for trying to educate people on how to safely ride bicycles throughout the county. So, that's really the -the -- a very high level view of the plan. It just seems -- there is a lot more detail in the plan and I would invite -- I would invite you, if you're so inclined, to take a look at it. What we are doing right now is we are going out and giving these presentations to all the cities, the county, trying to get back some input -- as much input as we can, so that when -- what we are concerned about as a district is that, you know, when we are making recommendations for facilities within the City of Meridian, that your staff and you as the City Council have had a chance to look at those recommendations and make sure that we are, you know, meeting your goals, because we want to make sure that as we move forward with that plan that it meets the goals of the City of Meridian and I have been working closely with your staff to kind of reconcile the plan's recommendations to your master pathways plan and see how those two fit together and it's something that we are hoping to finish up here in the next couple weeks and continue trying to input all those things into the plan. Public comment. We are requesting everything to come in by February 27th, but as I continue to work with staff, we are hoping to make the final edits in March and, then, get this plan before the ACRD commission for adoption in late April or May. So, that's kind of an overview of the plan and I certainly would like to stand for any questions. I'll just put up at the end here the website. The full plan is available on the ACHD website for review by anyone who would like to look at it. And with that I will stand for any of questions. Rountree: Questions or comments for Justin? Bird: I have none. Rountree: Justin, I'd make one comment and a lot of your goals and objectives are based on safety or maximizing safety. I would suggest that one key component of this is, actually, doing some matrix there and collecting some safety information. Some of the efforts that ACHD does may not necessarily benefit safety, but is expensive and I think some of the research out there would indicate that in some cases bike lanes are Meridian City Council Special Meeting Workshop February 17, 2009 Page 23 to 57 not as safe as just mixing bicycles and traffic, so -- not that I'm not a bicycle proponent, I have been on one for 50 years, so -- but I think that's essential that that is part of your justification and that needs to be a matrix that not only it's public opinion, but is it working. Lucas: Thank you. D. Smoke Free Presentation. Rountree: Any other comments? Questions? Thanks. Next item, the smoke free presentation. We have -- there we go. Casper: Good evening. My name is Adrean Casper and I am the director of government affairs for American Heart Association here in Idaho. But today I'm here as a representative for the Coalition for a Healthy Idaho, whose mission is to protect Idaho from the harms of tobacco. And, incidentally, I'm also a resident of this fair city. So, I'm very proud to be in front of you today and, first, on behalf of CHI let me say that we are happy and we want to congratulate you as one of your first order of business is to make not only this building, but your entire campus smoke free. We have been encouraging other municipalities and state departments to do the same thing and it's just great that Meridian has really taken the lead on that and has promulgated that. So, we are going to do things -- I have like a packet that I sent around and on the top is just kind of a quick summary. We are going to do things a little differently. Today I have with me Heidi Low from the American Cancer Society Cancer Action Network, who is going to be presenting, but what I wanted to do is really dive into what we feel is kind of the meat and potatoes of the -- of the ordinance itself and that really is the support that we have from the community at large. What we did is we did asurvey -- or a poll, basically, of the Treasure Valley and as you can see here we did -- we did a number of different legislative districts, Meridian being one of them, and some really, really interesting numbers came out of that and I have shared those with you, but I really wanted to highlight them, because I think that they are interesting, because I like this stuff. The first thing that we saw is that by a margin of ten to one the voters in the greater Treasure Valley area believe that the right of customers and employees, especially employees, to breathe clean indoor air, are more important than the rights -- than the right to smoke. The interesting thing -- the thing that blew our mind is that 57 percent of smokers agreed with us. If you looked at that second page, that's where we just kind of break down this and see that it's -- it's not really a partisan issue, both Democrats and Republicans agreed with us, along with Independents, it doesn't really matter what your age is, if you're a man or a woman, pretty much everybody agreed with us and what you will see is over there on that right-hand side, those are the overall percentages. The next is that we asked them would you -- would you vote for a candidate who supported this and, again, what you will see is the overall numbers show that the Boise valley voters would choose a candidate who voted for a local ordinance and, again, if you look over on the right-hand side, it's not a partisan issue, it's pretty much down the line Democrats and Republican. The next slide is not anything too surprising, but it's good to kind of hear the message again. Eight out of ten voters say that exposure to Meridian City Council Special Meeting Workshop February 17, 2009 Page 24 to 57 secondhand smoke is harmful to people's health and, again, you will see on this that smokers -- 53 percent of them, again, agreed with us. Imagine being in a bar -- being an employee in a bar and having a -- you know, eight to ten hour shift and all of the toxins that you would be breathing in. The next one is -- kind of addresses what happens if we do this and, again, if a bar is nonsmoking only, Boise area voters will be just as likely, if not more likely, to go to that bar and the first thing I have to apologize that this has all been in black and white. I have to tell you it is spectacular in color, but we had a little bit of printer issues and instead of throwing it halfway across the room, I decided just to go to the black and white for tonight. But what you will see is that the more likely -- which is that dark that you can't really see, is 37 percent are more likely -- 31 percent tell you that there is really is no difference, and 50 percent of our voters say they don't even go to bars in the first place, so -- and, then, this last one is kind of, again, where the crux of our argument is, is that voters overwhelmingly agree that all workers, no matter what your profession, all workers should be protected from exposure to secondhand smoke in the workplace and is that a bar can be healthier -- again, no surprise here, would be healthier for employees and customers if they were smoke free. And, again, you will see that 87 percent of people say that all workers should be protected from that harm. What we have provided with you as well is a list of people that have formally endorsed our smoke free efforts. Now, you will see some people on there that is no big surprise. The American Heart Association is on there. The American Lung Association. ASC CAN is on there. The Idaho Medical Association -- again, no surprise there. But what I really want to show is that we have six different restaurant and bar owners on there, some of which whose bars have not gone smoke free voluntarily, they say if we do this we kind of have to all kind of do it together. And I think that's kind of where, again, the kind of -- didn't know that would happen -- is on there. So, we are really, really proud of them. What I would like to do is introduce Heidi Low. Again, she's with the American Cancer Society Cancer Action Network and she's just going to go over a few of the other handouts that I gave you and, then, I will follow up. Low: Good evening. As she introduced me, I'm Heidi Low, American Cancer Society Cancer Action Network and I'm the Idaho director of government relations. I'm going to go over the kind of dry stuff, but important things, which is the ethics of secondhand smoke and the impact that smoke-free laws have in communities thus far that have already gone smoke free. So, tobacco use does cost Idaho life and money every year. Two hundred twenty Idahoans die each year as a result of just secondhand exposure to smoke and the annual health care costs here in Idaho for health care due to tobacco is 219 million, which translates into a 546 dollar toll on every tax paying household and currently Idaho state law does protect many employees from the dangers of secondhand smoke and our goal is to insure that all employees are covered and protected, because the health hazards are real and they are measurable. Did you know that secondhand smoke contains 69 cancer causing chemicals, including formaldehyde, arsenic, cyanide, and carbon monoxide? These and other chemicals cause 3,000 lung cancer deaths every single year to otherwise healthy, nonsmoking individuals. Besides cancer, secondhand smoke can cause or aggravate a wide range of health issues, including respiratory infections, asthma, and heart disease. No one should have to Meridian City Council Special Meeting Workshop February 17, 2009 Page 25 to 57 choose between a good job and good health. Nonsmokers working in smoking environments double their risk of getting lung cancer. On the other hand, smoke free policies, decreased absenteeism among nonsmoking employees, and increased productivity. As of January 2009, 331 communities and 18 states have already implemented one hundred percent smoke free policies, including bars. Over 23 studies of the effects of these measures demonstrates there is no significant adverse impact on revenues. In fact, some areas have enjoyed an increase in business. The president of a restaurant and tavern association is quoted in the New York Times as saying: I have to admit, I have seen no fall off in business in either establishment, restaurant or bar. Then, he went on to describe what he once considered an unimaginable. Customers actually seem to like it, as does he. And so specific to Meridian, according to the Ada County liquor licenses and also doing Google searches and Yahoo searches, comparing it to the Idaho liquor licenses, there are at most eight bars that would be affected by this model ordinance language that touches the bars. The other model ordinance language Adrean's going to walk through with you that covers like the small businesses where there is less than five employees. So, looking at the bars, it's less than eight at most. So, we just ask in conclusion that you would protect every single worker here in Meridian from the hazards of secondhand smoke, by considering implementing the model ordinance language that Adrean is going to go over. And I stand for questions if you have anything on things that I covered. Rountree: Any questions for Heidi? Bird: I have none. Rountree: Thank you. Casper: Okay. Recognizing that Meridian is a growing economy and not only do we need to protect the workers that we have now, but also -- I mean we don't pretend that there is only going to be eight bars for the entirety of Meridian's history. So, what you have in front of you is what we consider quote, unquote, model language. Now, with the full intent on working with you to see what works best in Meridian. This is what we considered, really, the gold standard and as being -- this would also be considered -- being considered in other Treasure Valley cities as well and this is what we are taking to Boise, Garden City, Meridian and Eagle right now, but also working with other Treasure Valley cities. So, what we have done here on the first two pages is really take the current 2004 Clean Indoor Air Act, in its originality, and say, okay, where are the loopholes, what do we need to do to really, really protect workers and, then, present that in a quick memo in front. The first is to remove bar exemption. Obviously, that's kind of the big thing is to remove the bars exemption, so that all -- all our workers are protected. The next and one that is kind of relatively unknown is that any small business with five or fewer employees is also exempt under current code, under current statute. And we'd also like to shore up that. Also, any exemption from a theater production site is also exempted and we'd like to define -- put tighter definition on what we call a private club or what we have seen in places in other -- in other cities and other states is that a bar will merely call itself a private club, charge you a membership fee at Meridian City Council Special Meeting Workshop February 17, 2009 Page 26 to 57 the door, all of a sudden it's a private club and, therefore, can allow smoking. We just want to shore that up, so that that's not a possibility. And, then, also specifically we want to -- we want to look at the motel-hotel exemption where we would want to provide a minimum of 80 percent of hotel or motel guest rooms as a hundred percent smoke free to protect, obviously, hospitality workers. Like I said, the rest of this -- what it does is it walks through what current statute is and what we believe needs to be done to protect all workers. We have been working with the bar owners to talk about different patios. Will you allow smoking on patios, et cetera, and in working with them right now, what it looks like is that we are going to put a statute in there that will not allow smoking as long as food is being served. So, if you have a patio, you're serving food, you're a restaurant, you don't allow smoking on there -- oops. Sony. Excuse me. If food is not being served, then, you could have smoking on your patio. And, again, that's just within industry talks right now, talking with different bar workers, because -- or, excuse me, bar owners, because we, obviously, don't want to be seen as exclusionary by any stretch of the imagination. Our bottom line is we want to protect all of Idaho's workers from secondhand smoke. So, with that I'd like to ask if there is any questions? Rountree: Any questions? Brad, you look like you might have one. Hoaglun: Yeah. I -- Mr. President, thank you. I was just trying to think through that patio situation. You know, when we have a theater production -- this is a city facility, so there would be no smoking allowed on that. Casper: Right. Hoaglun: But if you're downtown there is a patio, they are serving food, smoking would not be allowed -- Casper: Right. Hoaglun: -- what about a coffee shop definition? I mean -- where they are serving a liquid and there is not a menu and that sort of thing, so the people are sitting outside, what's the situation for something like that, Adrean? Casper: Right now -- and I'd have to check, because I don't know and I could get back to you, but from my understanding those are considered restaurants under current statute. But, again, I'll check and get back to you, because, frankly, I don't know. Rountree: Come up here, please, Heidi. We need to get you on the record. Low: Right now there is some language that covers the 15 or 20 feet from the entrance rule. Coffee shops are not necessarily covered under that. So, technically, if somebody's outside, not part of their property, they could smoke on it, if you do this and you implement that 15 foot from the door rule, that's independent of the bars, then, you would be taking care of the coffee shops. If you don't have that 15 to 20 foot rule and Meridian City Council Special Meeting Workshop February 17, 2009 Page 27 to 57 implement that, then, if they are not on the property they are not on the property. Does that sound -- am I -- so, yeah. Does that answer your question? Hoaglun: Yeah. Mr. President, yeah, I -- if it's within their enclosure, you know, within their confines of their property, you know, I think if they are serving coffee it's not a restaurant, but I think if we are going to do this, then, you need to include that, because that will impact those that are participating and enjoying what that establishment has to offer. Low: Right. And what we have been talking -- when I say that exemption that we have been talking about, has it come really from industry? If the City Council of Meridian didn't want to include that, we certainly wouldn't have. I mean that's not -- that's not a make or break for us. Casper: And the model language actually has patios included. Low: Right. Casper: And, then, you determine -- we recommend 15 to 20 feet from the doorway, which would pretty much cover any kind of coffee shop patio. Hoaglun: Thank you. Rountree: Other comments? Questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would just comment -- and, of course, I haven't done any thorough research myself, but just as I travel around in other cities and other states that have passed ordinances like this, there isn't the kind of backlash that you would expect. It's acceptance almost a hundred percent people feel that their environment is improved generally and I'm very much in favor of doing this. The one thing of -- the couple places where you define a restaurant or define a bar, I would think we would need to get together with our ordinances and make sure we are consistent in what we already have definitions for those that involve our licensing and our conditional use permits and stuff. Low: Right. And, like I say, this -- and this is model language and so what we are interested in doing is really sitting down with your staff, with legal, et cetera, and really walking through this to figure out what is best for Meridian. Casper: And what I can tell you is that Eagle city -- it's the same kind of thing where we did the work session and they took the final language and now their city attorney is drafting the model language according to Eagle city ordinance language, which it sounds much like what you guys would do. So, same processes. Meridian City Council Special Meeting Workshop February 17, 2009 Page 28 to 57 Zaremba: Thank you. Low: Thank you. Canning: President Rountree? I think to answer Councilman Hoaglun's question, I -- perhaps it didn't come through quite clearly, but restaurants don't require -- or you can't smoke in a restaurant already, so those would be covered. And a coffee shop we do term that a restaurant. And Ithink -- go ahead. Hoaglun: And I was just going to say, would that include that outside space of that -- Canning: No. We don't define that necessarily. That -- we don't touch the smoking stuff right now. That's all done at the state level. This would bring it into our codes. But a coffee shop -- and most of the places that serve liquor in town are all restaurants. The figure eight is probably correct, but probably three or four of those are closet bars, so it's probably -- real bars, there is probably closer to three or four. Casper: And, Councilman Hoaglun, on the sixth page over, if you're talking about that whole patio thing where by now Idaho statute isn't covering it, if you look at Section 1007 on the prohibition, then, you look down on A, what you could do is close that gap there where it says the 15 to 20 feet and it would cover those coffee shops and the patios. The Idaho statute. Rountree: Any further comments? Casper: Is there anything further you need from us moving forward in the process? Rountree: I might -- well, let's see what we have got here in terms of discussion. Preference? Move forward? Hold? Zaremba: Mr. President, I would say it's a good idea and we should more forward. Hoaglun: Yeah. Mr. President, there is a saying out there that says, you know, I have the right to swing my fist until it meets the end of your nose. You know, basically, saying that people can do what they want until it starts impacting another person and, unfortunately, secondhand smoke is -- is something that impacts other people and the studies bear that out and, you know, so I think we ought to take a look at this and have a good discussion on if this is what we want to do for Meridian, but I'm inclined to move in that direction right now. Bird: I agree, but I want to see the ordinance first before I -- Rountree: You're a survivor. Bird: I'm a survivor. Meridian City Council Special Meeting Workshop February 17, 2009 Page 29 to 57 Casper: Congratulations. Low: Well, what I'll do is -- who do I need to send and -- oh, gosh. Who do I need to send an electronic copy of this? Bird: Send it to Bill or I. Low: Okay. I'll send it to you, Bill, and, then, we can work together to draft that. Nary: Okay. Low: Okay. Thank you. Rountree: My comment is that I, too, think that this is an area we need to explore. A couple questions. One for Bill. Is this an area where we are going to end up in court challenging the authority of locals in an area that has typically been taken on by the state? I'm not asking for an answer, Ijust -- you know, to me that's something that's going to happen. And, then, for Heidi and Adrean, if we pursue this before we put a lot of effort in it, I would like to see some kind of a public effort directed specifically to these folks that -- you know, you might have picked a worse time in our economy to do this, but I'm not sure. And that's going to be as we move forward with this or if we move forward with this, that's going to be something we are going to hear, even though your statistics tell us otherwise, those folks out there that are businesses in our community, are probably going to have those comments, even though it might only be three of them at this point in time. So, I would like to see some kind of a public outreach to those folks in an education process that would not only get to those folks, but get to the folks that have restaurants that have outside seating that are not covered by the state, because if we are going to do this, we ought to do it in total. And there is a whole lot more than three of those out there. And that's an effort that I would like to see some help and you have the -- you have the background and you have the information, you have the ability to go out and seek people that have been through this that you can bring and have them testify or bear witness to these other folks. So, as we get into this that's something I would ask your organizations to do for us and with us. Low: Right. When we started this effort it started in -- just in Boise. It was just a Boise event and, then, all of a sudden we saw this outcry from the community saying, well, why not where I live. And so I can tell you right now that we have a number of in Meridian already, it's always been part of our strategy to reach out to bar owners and that's something that we have done in Boise. Haven't had a chance to do here yet, but definitely it's part of our plan to meet with them. Casper: And we will speed up that process. Meridian City Council Special Meeting Workshop February 17, 2009 Page 30 to 57 Low: Exactly. And that's something that we will -- we will definitely -- that's, obviously, part of our overall strategy as well and, then, we will be able to present to you that information. Rountree: Very good. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would comment that I'm happy to hear that you're presenting this to other cities and the county and everything. One of the things that's important to me when -- when you're going to make an ordinance that people think will affect them in some way, is that we have a level playing field. We don't want them to feel, okay, my smoking customers are going to go over to this other city and I will lose them. The broader we can spread this and the more neighboring competitors we can get involved in it, the better it is as a level playing field for the businessman. Casper: We absolutely agree with you. That's why we are in Boise, Eagle, Meridian, and Garden City. Zaremba: I appreciate that. Rountree: Anything else? Thank you again. Casper: Thank you. Item 5: Department Reports: A. Heroes Park Update. B. Parks & Recreation Fee Schedule. Rountree: Now we are entering into department reports. Mr. Siddoway, you have the first two items, Heroes Park and your fee schedule. Siddoway: Thank you, Mr. President, Members of the Council. About a month and a half ago you will recall that City Council approved authority to enter into a contract with Harvest Design for the design process for Heroes Park. It's been a busy month and a half and I'd like to give some accolades to Paul Norberg and his team and we kicked off right -- right at the beginning of the year with a -- a concept planning effort. Since that time we have had a neighborhood meeting, at which we have invited the neighbors to come and view what's going on. We have posted that information on our website and Paul Norberg is here tonight to give City Council a presentation and give you an update as to the direction that the design of the Heroes Park improvements are going. So, with that I would like to tum it over the Paul Norberg. Meridian City Council Special Meeting Workshop February 17, 2009 Page 31 to 57 Norberg: Yeah. My name is Paul Norberg and I reside at 8371 Stetson Court in Boise. And I have a handout here for you that kind of goes along with the Powerpoint. Would you like it -- have me give that to you? Or do you just want to follow the Powerpoint? Rountree: If you would get one to the city clerk, I think the rest of us can view it on our screens here. Norberg: We need to go backwards. There it is. It's not at the beginning. There we go. Okay. So, as Steve said, I'm the owner of Harvest Design. I'm a landscape architect and we are the lead consultants on the project. And assisting me with the project is Johnson Architects, represented by Walt Lindgren and Rennison Fodrea Engineers, represented by Kelly Kehrer. Okay. You're familiar with the location of the park? Okay. The image at the lower right is a perspective just to help you get oriented. Ten Mile Road is down the left-hand side and you're looking north. There is houses along the north and along the east. The project statement, basically, had these five elements, so this as an upgrade to the park and the park had an existing master plan, so a lot of these elements really had a place pretty much identified where they would go. So, we've just been fine tuning them. As you can read, a primary element is the restroom-concession building and, then, children's playground and interpretive plaza. A maintenance building with a storage building associated with it. We are Parks and Rec and PAL, Police Activities League, that share space and a new connective walkway that would go around the west and north sides of the site. Okay. So, using that outline, the first order of business was to establish the location for the restroom concession building. For part of that we had to decide whether or not we kept the maintenance and storage building with the restroom concession building. The thinking on that is that the maintenance building is, actually, somewhat unsightly. It's where PAL will be actually storing a lot of their soccer nets and that sort of thing. So, that alcove between the private residence and the church area was an attractive place to potentially put the maintenance building, so we looked at that and we have gone that direction and when we get to it you will see we do have to bring utilities to it, but the trade off in terms of what you gain by not having that extra footprint where the restroom concession area is going to go seemed to pay off. As you can see there this is the existing condition. We already have sewer, water, and power to the central part of the park and I think that shows up better in the next slide. Okay. You can see where -- the image there in the center where the restroom or concession and the restroom facility and shade structure is located. We are refemng to this as Heroes Plaza. Okay. This location had already been established, because we -- you know, in the early -- in the master planning of the park years ago, so as I was just saying, there is sewer and water and electricity that are already there. So, then, it just became a matter of determining how to orient everything and you will see that the concession building and restroom are on the right-hand side, east side -- I'm going to go to the next slide. I lost the image at the top. There we go. Okay. There we go. So -- yeah. That one helps right there. Again, refemng to this as Heroes Plaza, the restroom concession building being on the right-hand side helps to screen it from buildings that -- the residential area to the east there. The actual concession area faces out towards the park and -- rather than towards the parking lot. Meridian City Council Special Meeting Workshop February 17, 2009 Page 32 to 57 So, we like that orientation. We have got the 30 foot by 60 foot shade structure at the west end of the plaza, which -- and, then, we ran at that east-west orientation we think we get the best use of the plaza that way and the plans that are evolving now, we are getting more trees around it, but this is just meant to give you a general vision for how this was laid out. Again, you see that we have water and sewer and electricity already there. There is some examples of what the restroom -- the floor plan for the concession restroom building is on the lower -- on the left side there. If you had any questions about it right now I could defer to Walt on that or we could come back to it. No? Okay. So, the next element that we were looking at is the playground and, again, it was, basically, planned to go at that end of the park in the beginning. So, it was just a matter of do we locate it where you're seeing it or one other option was to go to the far east end -- yeah, way down here and that actually --the reason why we put it where we got it is, number one, we do want to get the power to it, so, you know, not having to run it as far, better orientation to the Heroes Plaza area and, then, also the future parking, we have got a better layout of the parking by having that linear layout like you're seeing. And more parking spaces. So, that future parking, just on a part of this project, would come later. Okay. This image is to help you get a feel for the actual layout of the -- of the playground area. They have two basic age groups, ages two to five, and five to 12, and what we have done is separated them of the two to five year olds being in the image closest to you, a shade structure in the center, and, then, the five to 12 year olds at the far end. They each have a play structure, a swing, and a climbing rock that are designed to their particular age group. There will be numerous benches, bike racks, drinking fountain, garbage -- or trash receptacles and a lot of shade. We do think that we need to get a fair amount of screening on the east end. That was sort of some of the feedback we got from some of the residents, they wanted to make sure that we were doing that. Thank you. Okay. One of the things I want to point out on this is -- you can see where I got the blue line, the reclaimed water for use in the restroom. So, the City of Meridian wants to create a demonstration or interpretive plaza for showing the use of reclaimed water. The idea is that the water that's being used for residential purposes right now goes to the treatment plant, right now it just goes -- after that it goes to the Boise River after it's been treated. What they are wanting to do is get a second use out of it and bring it here to the park and use it to water the park. To give you some idea, we did a calculation of how much water we think that is. It's between 30 and 35 million gallons a year of water. To try to visualize that, it's a hundred feet on a side by 400 feet tall. Get you somewhere close to how much water that is. We still -- currently the water comes from a drain ditch that's up to the northeast of the site. Yeah. Out in here. There is box right in that comer and there is a pipe that brings water underneath the park, down to the pond here. That will still be available to us. The water -- the reclaimed water is actually going to come from the treatment plan and fill up the pond there at the left and that will, then, become the source of water normally that's being used to water the pond, but if for whatever reason that water becomes unavailable, drops, there is going to be an automatic capacity to get the water from of the drain ditch. So, what is the -- go to the next one. Probably the most interesting fun part of this project for me is this particular element. We are going to be displaying the water -- the idea is to create this plaza. In the center of it there would be a waterfall. The cross- section in the lower left probably helps illustrate that best, but we are going to have it Meridian City Council Special Meeting Workshop February 17, 2009 Page 33 to 57 higher, water comes flowing down over the boulders into a basin. People will be able to sit on these walls on either side. There will be a -- we are still working on the details of it, but some sort of a monument that explains the use of the reclaimed water -- actually, we want to use some native plant material as a part of this, showing how low water consuming plants can be integrated and used. So, the next part of the puzzle is the maintenance building. Again, that's going to be used by Meridian Parks Department for storage and also by MPAL for storing their soccer goals. You can go back to that one. Okay. So, you see here that, again, we are bringing the reclaimed water up to the maintenance building. So, I didn't quite explain before, the maintenance -- the reclaimed water is going to go to the restroom and be used to flush the toilets. It's also going to happen up here, where the maintenance building goes, we are going to -- we have got a restroom facility there. It won't be operable right to begin with, because we have to wait until sewer gets extended along Ten Mile Road. We are going to have piping all in place, but it won't be operable, so we can get it to that point. Trying to think if there is anything else I need to point out there. Okay. Go to the next one. Okay. So, the last piece in the puzzle was getting a new walkway that would go along the west and north sides, connecting up with the existing walkways around the site. It's anticipated to be about a -- to beaten foot wide asphalt path, meandering. We have to work within the -- know where the existing sprinkler heads are at. Then, along the north side we wanted to help create a buffer between the playing field and the residences that -- yeah, the image on the upper right helps show you the massing of the plant material. We want it to be so that people -- the residents can still -- can see across the field, but get a sense of separation from the fields. We are also talking about doing a matched canopy of trees, which, basically, follows along the pathway, just to be, you know, a very bold statement with the foliage, so -- I think that's -- and, then, this is the plan -- the overall plan that we currently are showing and displaying it upstairs. So, with that I guess I will just open it up to your questions. Rountree: Any questions? Hoaglun: Mr. President. Paul, for that building next to the neighbor -- between the neighbors and the church, is that something that you talked to them about -- I mean do we need any particular permits or anything to place that there? I mean just the fact of being good neighbors with them to -- they aren't all of a sudden yelling at us saying, hey, what did you put that hideous building next to my house for, so -- where are we on that, Paul or Steve, whoever might -- Norberg: We haven't spoken directly with Justin on that. I happen to know Justin Martin. I never -- you know, he was -- we had the neighborhood meeting and, of course, he was invited to come to that. We are -- probably can give him a call, meeting with him directly and talk a bit about it. The plan is to -- number one, Elroy wants to lower that area about a foot and a half. There is existing soil there that was placed there when the park was originally graded, so that's going to lower that space where the building will go. We are also thinking that we want to put some trees along that edge between the maintenance building and Justin's site, but I'd be more than happy to meet with Justin and go over it with him. Meridian City Council Special Meeting Workshop February 17, 2009 Page 34 to 57 Hoaglun: Yeah. I just think it's better than surprising them when the building starts going up and that's -- that's not any fun. And the other question I had, Mr. President and Paul, is what type of lighting is planned for the playground for the kids, that tot lot? Is there going to be lighting or is it when it goes dark it's dark and time to clear out of the park type thing? Norberg: Well, the only lighting that Steve and Elroy have asked to be put there would be motion detector lighting that would -- if anybody came through there after dark -- I mean there is a darkness -- or a -- no lights after -- Siddoway: The park closes a half an hour after dusk. So, our intent is not to light it in such a way that it would encourage activity after dark, but we do want to light it in such a way with security lighting that if someone is in the park and going from place to place, that motion sensors would be turning on lights and we would know where someone's at. Hoaglun: And the fact that some kid lost their coat or something and mom goes back to look for it, there is a way to see what -- that lost article, that sort of thing. Okay. Thank you. Rountree: Any other questions? Comments? I guess that to Brad's point, I believe that particular building, since it's in an R-4 neighborhood, will probably have to go through design review anyway, so -- oh, Anna is here. Siddoway: It does have to go through design review. We have already anticipated a certificate of zoning compliance and building permit as part of our process and just this week we have put Walt Lindgren in touch with the Planning Department to talk about design review. Rountree: Any other questions? I have a question about the reclaimed water for the pond. Is there a prohibition about -- well, there is a no contact rule with it, but does it -- can it be open to the public as it's being proposed or does it have to be fenced off, so you can physically deny access to that water? Do you know? Siddoway: What I have been told is we met with Public Works and they have been involved in the design of this. It doesn't have to be fenced off. It just -- it should not be designed and is not designed to encourage interaction and playing in the water. It's not a splash pad. It's not -- in fact, let me go back. What you will see as I get to the slide there, the water basin level is actually set below -- not up at the top height of this wall, but down below, so that, you know, they can view it, they can hear it, they can read signs. If they really tried they could get to it. But it's not designed as an interactive water feature. Rountree: I guess my concern is that if there is a waterfall there, that's an attractive nuisance and I don't care what you do, it's going to have kids in it. It's going to have kids in it. And they are the ones we want to protect the most. Meridian City Council Special Meeting Workshop February 17, 2009 Page 35 to 57 Siddoway: Yeah. And it will be fine, so that it's clear that it's -- that it's areclaimed -- that it's reclaimed water and what that is and - Rountree: You have two small sons. Are they going to read that sign if you're not around? I mean that's just -- to me it's a potential issue, how attractive we make that. Hoaglun: And I think, yeah, it's a good, Mr. President, you know, and there might be ways to -- I like the concept, you know. You know, are there ways you can use wrought iron or -- where you can still view, but, you know, a three year old is not going to be able to get into that -- yeah, an adult can step over something, but how do you protect the youngest from, hey, water and jumping right in type thing or playing. But, you know, might take a look at it, see what can be done in a way that the study conclusion -- but, yeah, it's something we have to consider to a certain extent. You can't protect everybody from everything, but, you know, probably for the -- for the youngsters we got to find a way to make sure that there is a reasonable protection for them. Something to take a look at. Siddoway: I'd just say that in all reality the reclaimed water that we will be using is cleaner than the irrigation water that's currently in the pond. Bird: That's just what I was going to say. Rountree: I agree. I know that. But the bottom line is there are federal rules attached to us being able to use reclaimed water. Siddoway: Yeah. And we need to -- we will be in conformance with all the rules that come with the permit and that's why we have had public works involved from the start on this. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I once attended a school that had a decorative pond they wanted to keep people out of and there were signs that said there were snapping turtles in the water. I never knew if there really were, because nobody was willing to go in. Canning: Piranha. Bird: I was going to say, some three year old kid isn't going to be able to read that -- Rountree: Anyway, just make sure that we explore that the best we can as you design that. Meridian City Council Special Meeting Workshop February 17, 2009 Page 36 to 57 Siddoway: I'll specifically engage Public Works on that question to make sure that everything that's being done is in conformance with the federal regulations and the requirements of the state with that permit. Rountree: And Kyle's heard it as well, so -- any other questions? Comments? Thank you. Get that thing done. Siddoway: Mr. President, it's just that we are on track and moving forward. We will be submitting for certificates of zoning compliance, building permits, and working on the bid package in March, so that early -- by the early summer will be under construction and have the project underway this summer, so -- thank you. Rountree: Very good. Next item, if you will read the time limitations there, Steve, you have now five minutes. Siddoway: Okay. Then, there is one -- there is two ways I can do this. You should have in your packets already a copy of the proposed fee schedule. The proposed changes are highlighted in yellow and I can either stand for questions on the fee schedule or I can walk through the changes one by one or I can hit a few highlights. What would your pleasure be? Rountree: Does anybody need to be walked through the fee schedule? Bird: I don't need to be walked through, but I've got a few questions. Rountree: Okay. Let's just do questions here. Mr. Bird. Bird: Steve? Siddoway: Yes, sir. Bird: I see we are -- some of our increases are outrageous. And I'm speaking for a sponsor, not only of the basketball program, but your softball programs, too. Sixty, 499 percent, 105 percent -- and I don't mind -- I don't mind the raising if you can back them up. You will be taking men's senior softball completely out -- or we are not going to charge anything for it, one of the two. Siddoway: Let me start there. To the teams, I think they will find that these -- these fees, for the most part, are not increasing, because the team fee is increasing to offset the removal of the player fees. Today they are paying both a team fee and a player fee and what we are doing is rolling those player fees up into the team fee and simplifying it, so there is just a team based on the number of players. Bird: As a sponsor I don't like that, because the athletes that compete should have to pay some money, so -- in the first place, you should have an out-of--city charge anyway. Meridian City Council Special Meeting Workshop February 17, 2009 Page 37 to 57 Siddoway: Well, that's the second part that -- Bird: Every other town around here you pay -- you don't live within a taxing entity, you pay a 15 or 20 dollar fee to use their facilities and play it. And I realize that, Steve. should have -- I knew that you had taken out the payer fee. As a sponsor I have a problem with the players not having to pay some. And I just think, you know, some of them are -- the men and women's coed has went from 400 -- 200 to 410 dollars, 105 percent. To me it's just -- and I realize where you're coming from, not charging the kids a player fee. Siddoway: And it doesn't keep the sponsor from requiring the players to pay 15 dollars towards the fee, but for us we will just simply be receiving the team fee if that makes sense. Bird: And I know why you're doing it. But tell me why we are not charging for out of city -- nontaxpayers have to pay. Siddoway: That was the second part l was going to get to and I can jump to that right now if you'd like. Rountree: Go ahead. Siddoway: The Parks and Recreation Commission has discussed in quite some detail over the last couple of months the idea of resident and nonresident fees. We have done research into the usage that our programs see from residents and nonresidents and, frankly, it's about 50-50. I have some numbers that I can share with you if you want a full presentation maybe a future meeting. But the first question -- and Councilman Zaremba was there for this discussion and feel free to chime in, but I'll lay some of the groundwork. The first question was are residents being turned away because spots are being filled by nonresidents? And the answer to that is no. In fact, what we are seeing right now is the opposite effect, that without the nonresidents involved, classes would more likely be canceled. So, including the nonresidents -- having nonresidents participate in our classes is actually helping offer more programs to our -- to our citizens and the thought was that it will be time to institute a nonresident fee at some point in the future, but that right now they don't feel was the time. There actually was an initial motion to institute a nonresident fee as a recommendation to the City Council. That motion died during discussion and, then, it was replaced with a motion -- this is just last week -- to recommend to City Council that we not institute a nonresident fee at this time for two reasons, really. The first reason being the administrative staff time that would be involved in administering the nonresident fee program. But second and probably more importantly to them was the idea that they don't want to discourage nonresidents in any way from participating, because the classes simply are not overfull at this point. Bird: Steve, we are talking about two different things. I'm talking about participation in athletics. You're talking about programs that we give that's -- as I take it. And to be Meridian City Council Special Meeting Workshop February 17, 2009 Page 38 to 57 truthful with you, if -- if I was a team out of Boise or Nampa or someplace and wanted to play ball, I'd come over here, because, you know -- and I can guarantee you I'll give you a list of kids from Meridian that play in Boise, Nampa, and Caldwell and ask them if they get in free. They don't. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: During the Parks and Recreation Commission discussion I chimed in and I hope didn't falsely express the opinion that I thought that this Council had originally asked the question are any Meridian people being turned away and I thoughts that that was what led to the discussion of whether we should charge fees or not. I suggested to them that in the answer to are we turning people away was no, then, we weren't ready to do a fee structure for out of town people and if I misled them I'm sorry, but I thought that was my sense of why the question was asked and I did tell them that. Bird: Mr. President? Rountree: Mr. Bird. Bird: And, David, I have no problem with that. You know, I don't want to turn any kid away. I don't want to turn anybody away, adult, kid, senior, whatever. But in the same token I want to -- I want our taxpayers to be treated the same as everybody else's taxpayers. We have -- you know, we have programs that we use Boise facilities and I assure you that we help with Boise facilities. Not as much as we probably should for the amount of kids that we have playing at the Boise facilities, but -- and I can also assure you after going through looking things up, that in our softball programs if we got 50 percent Meridian taxpayers in it, we are lucky. And I can tell you the fast pitch girls is not even that. Zaremba: Well -- and, Mr. President, if I may, some of the discussion at the commission was that if we did not have those non-Meridian players, if they felt afee -- said, okay, well, I live in Boise and I'm closer to Boise, if I have to pay a fee in Meridian I'm staying here with my league. Some of the commissioners brought up they felt that there were leagues that would disappear and some opportunities for our -- we don't have enough people in our -- in Meridian to have full leagues and competitions, apparently, and they felt that that -- now, it's not a dead issue. My feeling was they wanted to revisit it in maybe a year or two and see at what point it would happen. But I just felt they didn't feel it was good today. Hoaglun: Well -- Rountree: Go ahead. Meridian City Council Special Meeting Workshop February 17, 2009 Page 39 to 57 Hoaglun: -- I was just going to say, Mr. President -- thank you. That my perspective is from the athletic side of things in younger days and playing in league in Boise softball and going to Nampa for tournaments, we had to come up with that fee, you're a nonresident. And, you know, in our mind -- it wasn't exhorbitant, but it was more than a resident had to pay, but we understood it that these fields are provided, maintained by the taxpayers of that city and, hey, it was great. I mean we were willing to pay that to participate over there in that league and it was just the way it is and, you know, that's something I think we -- we ought to be exploring to some degree, because we are providing a benefit to folks in the valley that they can enjoy, but since they are not taxpayers to the city, you know, shouldn't they pay a little bit more for that privilege of something that's being provided to them by our taxpayers and, again, as long as it's not exhorbitant. If there is a concern that, yes, we can see that there is definitely an impact, we wouldn't be able to have the leagues -- and, again, I'm just speaking to the sports side of things. The classes I don't know. But from the sports side, yeah, I think you can do that, especially -- you know, I recall those days. You pay extra money to go over and get so banged up and beat up and sore that Monday you can hardly walk and you thought you had a great weekend, you know. Rountree: Steve, I'll throw in my comment. There is three of us up here that have been through that in terms of -- Siddoway: Nonresident fees? Rountree: Nonresident fees playing in leagues, so -- of course, when we were involved there wasn't an option. Bird: I know. We didn't have anything in Meridian. Rountree: There wasn't anyplace else to go. It is -- to me it is something I would like to do, but if it means that we can't form enough active teams to have a reasonable program and decent tournaments, then, we just really need to step back and think about that a little bit. Siddoway: And we don't know what the impact will be until we try it. The thought was that in the current economy they weren't ready to try it. Like I presented to them, I couched it -- you know, it's half of -- you could play this either way. If half of our -- our users are nonresidents and we set a minimal fee that in no way discourages use and that just becomes additional revenue, then, all the better, frankly. But if it has the opposite effect of making a difference in people not coming -- in the end that was the risk they weren't willing to take as the commission, so -- Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council Special Meeting Workshop February 17, 2009 Page 40 to 57 Bird: Steve -- and I realize this year it's too late, this is something we really got to take a look at. will take a hard look at player fees, regardless player fees. I do, but I'm like Brad and Charlie, I -- Yourfees are -- I hope next year you of what -- maybe at least out of city Siddoway: Specifically for the sports program -- Bird: Right now we need to be going and getting organized and getting going, so we don't have time to jump around. Nobody hates -- none of the teams like getting surprises, you know, after they got their teams organized and everything and it's probably -- it's been -- if anybody's called in, they have given this information. Siddoway: Well, it's not set until it's set. So, I'd offer two options. One option is we could move forward this way for this year and look at instituting one next year. Or if you seriously want to consider one next year, I can get Colin and Allison here to present to you next week, who have been doing the majority of the research into this and we can make an additional presentation to you next week. But I guess that's -- I'd stand for what your feelings are. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Again, if I misled the commission I apologize for that, but they did some very good work in preparing a nonresident fee proposal. When I made my explanation that I thought that overriding question was are we tuming people away, they held that back. But they have done the work and they do have a proposal that they would be happy to make if it's the sense of the Council that that's the direction we want to go. Hoaglun: Mr. President? Follow up on that, then. Steve and Councilman Zaremba, were they -- was there a sense that right now due to the economy that it might be tuming people away if they were to do that? Siddoway: Yes. Hoaglun: And, then, I might say, Mr. President, then, to follow up that, you know, maybe we ought to just hold off on a year, you know, implement the new fees and -- but still take a look at it next year and see if things -- things change a little bit. But, you know, it's a direction I think we ought to keep considering for the future. And I did have one other question for you, Steve, if I might, Mr. President. When they hear the new fees, do they know that there is no longer a player fee? I mean when they see, you know, amen's -- women's basketball team jumps from 400 to 595, they are not going to fall over and we are going to explain to them, well, this -- there is no longer a player fee? Siddoway: Definitely. I mean we need to do that in order to keep their business. Meridian City Council Special Meeting Workshop February 17, 2009 Page 41 to 57 Hoaglun: Okay. Good. Siddoway: So, yeah. Bird: I know one sponsor you're going to have to say it to. I agree with Councilman Hoaglun and yourself. Let's -- let's go -- I want to go one -- and I want this done. I don't want it halfway, I want it done. I want -- I want -- off of this softball program I want to know how many Meridian people participate and how many out of city people participate. I don't want to guess, I want the facts and figures. Like we asked on the girls' thing last year and we got a halfway answer. I want the full answer. And if I have to come up and do it, I will be glad to, just get the files out. Siddoway: Well, Ican -- I can certainly make a -- prepare a presentation for you on that specific thing if you'd like. Bird: Let's get our -- let's get our programs going and, then, we can do that. Siddoway: Mr. Chairman -- or Mr. President. We committed to the Council last fall as we were going through our budget enhancement process, that we would roll the additional cost up for the fencing improvements out at the Heritage Middle School ball field into the updated fees and I just want to report back to you that the updated fees for the girls fast pitch softball does include the 25 dollar increase that we promised you we would do. I just want to report back. Rountree: Any further questions? Bird: I have none. Rountree: Comments? Bird: Thank you, Steve. Rountree: Next action is to bring a resolution on these fees. Nary: Actually, to public hearing. Siddoway: Yeah. Go to hearing. Rountree: Public hearing? Okay. Let's do next order. Siddoway: Okay. Rountree: And also make sure that your data collection is spot on in terms of resident and nonresident at least in the sports activities. Meridian City Council Special Meeting Workshop February 17, 2009 Page 42 to 57 Siddoway: And if I might, I do have some numbers that we presented to the commission, but they were based on zip code and let me just -- it would take quite some time to verify every address, but we can do a fairly simple sort based on the 83642 and 83646 zip codes, if that's sufficient for you. Bird: Not both of them pay city taxes. Siddoway: Right. There are nonresidents in both of those. Rountree: I would say that upon registration for one of these, that the applicant have a checkmark resident, nonresident. It's going to have to be on the honor system anyway and we can get an intern or somebody to tally those check boxes. Bird: I'd be glad to. Siddoway: So, you're looking specifically for the upcoming season; is that correct? Rountree: Yes. Bird: Yes. This year, Steve. It's -- last year is too late. Siddoway: Okay. We can do that. Rountree: Let's not make it overly complicated or we can develop an algorithm here and do some predicting if we need. Check boxes work just fine for me for now. Siddoway: But if I understand the direction correctly, it's specifically to the sports program, nonresident fees, not as much toward the classes or programs or the shelter reservations; is that correct? Bird: Oh, heavens, no. Rountree: No. Siddoway: Thank you. We have been looking at all of those in our discussions with the commission so far, so -- thank you. C. Community Relations Update. Rountree: Very good. Luke, you have been patient. It's your tum. Cavener: Mr. President, Members of the Council, I'll try to keep my comments as brief and to the point as possible to you this evening. This is my first opportunity to address you since taking the position as the community relations specialist. I will be going over some of the accomplishments that we have had in the time since I began, my goals that I'm laying out for some future. In addition, I'm looking for any feedback and advisement Meridian City Council Special Meeting Workshop February 17, 2009 Page 43 to 57 as to how you would like me to present this information to you moving forward. I'll just begin, I guess, at step one. I knew coming in that there was a certain amount of time from the point when my predecessor left the position until the point I began. I quickly identified what the largest amount of goals that we could accomplish to get -- really get the train back on the track and moving in the direction that we wanted. I knew that there was a large amount of programs that I would have to devote my time to and gauge them against how they would best impact the community organizations, such as our chamber, school district, our service clubs, the senior center, youth council, faith ambassadors, as well as the public at large. I knew the best way for me to serve those different organizations was to really identify and overcome those challenges. I did that by forming strong strategic partnerships with a variety of different organizations. Our organizations that would help us to promote the city and the events that we were having on different civic organizations that we would be able to recruit volunteers to help us in the events that we had. I'm pleased to say that in the six weeks or seven weeks now since I have taken over this position we have had a lot of accomplishments the City of Meridian can be proud of. First and foremost my main goals are addressing, you know, citizens' concerns, whether that is one on one or in front of a group or organization. I have made myself available to every service and civic organization within the community to come and speak to them about what their issues and concerns are, in addition to share what my position is and how it can be, you know, an arm that really works along side them. Participated in numerous amount of ribbon cutting events, along with our business partners, in addition to providing a voice for the city at our chamber events. I have facilitated the production on a new recruitment tool to use for our youth council. In addition, I have worked along side the youth council to coordinate the Flame of Hope event that I believe you were all present for when the Special Olympics came to Meridian. My goals moving forward are fairly simple. My main goals is fostering interaction and support within our community. The best way that I can do that is to get out from behind my desk and go out and work one on one in our community. In addition I'm going to be working with our office to develop a numerous amount of tools so that the city will be able to connect with the community and vice- versa, programs such as different web based applications, social networking programs, pod casting and video casting. So, for our citizens who for instance weren't able to attend the State of the City, would be able to log onto via the Internet and view the speech in their entirety, relieving us from not requiring one of our local news affiliates to produce it, we would be able to handle it all in house. An additional program that I'm working on is working along side Matt Ellsworth to utilize some additional CDBG funds for a variety of different service organizations that are being championed through our faith community. Matt had brought to our attention some discussion funds that weren't being used and that we would be able to partner with our faith community to help with -- help and address a homeless situation existing in Meridian, as well as working along side our school district to help some of our teens and youth that are in less than adequate situations. In addition, I'm coordinating some fundraising events alongside our youth council to raise money for the Idaho Meth Project. The City of Meridian has really championed the Idaho Meth Project. City Hall was selected as the location to launch the second wave of the Idaho Meth Project advertisement and I look forward to continuing to work alongside them to develop that program and use the City of Meridian Meridian City Council Special Meeting Workshop February 17, 2009 Page 44 to 57 as a champion for that program. Again, I tried to keep these as brief as possible. I'd be more than willing to answer or address any questions, concems about the past seven weeks, in addition to anything that you would like from me moving forward. Rountree: Any comments, questions for Luke? Luke, a comment. You indicated as part of your activities you were out there in the community or you were sharing with the community, you're identifying issues and concems. One of the things that the Council has always had in mind for this position is just that, is identification of concems and bringing that information back to us, so we can address those concems at the Council level if need be, but we definitely support the position for that as additional eyes and ears and somebody who can be at way more places than most of us can be at any one point in time. Cavener: Thank you, Mr. President. I have to admit that that is -- that is my number one goal in every program that I step forward, whether it is the youth council or interacting with the chamber, how can that best serve our community at large and I have to say I'm very fortunate that we have a great staff here at City Hall that when situations do arise, whether it's a small issue --just off the top of my head I would attend a Meridian chamber event and the question was posed why doesn't Meridian have dog parks and I was able to work along side Director Siddoway and the Parks Department to get her the prevalent information regarding the dog parks, you know, within a -- really, an hour and a half tum around. It was really quite remarkable and the woman who I addressed was impressed that -- to quote her exactly how the wheels of government spin very fast here in Meridian and I was fortunate that I was able to give her such a speedy time in response. Rountree: Very good. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would just like to thank you for the Flame of Hope ceremony. I thought it was very nice. Very good. Cavener: Mr. President, Members of the Council, thank you. It was an excellent event and one that was accomplished by the volunteer hours of our youth council and our high schools, as well as different members from City Hall. So, thank you all for attending. Rountree: Any others? Luke, thank you for the work you're doing and continue on. Cavener: Thank you. C. On Call /Call Out Policy. D. Employee Complaints Policy. Meridian City Council Special Meeting Workshop February 17, 2009 Page 45 to 57 Rountree: Mr. Nary, you get to talk to us about on call and apparently we have some employees that either want to paint or complain, one of the two. I'm not sure what you're after there. Zaremba: And Mr. Nary's special. There is no time limit next to his name. Nary: This will be brief. Rountree: He said it was going to be brief, so I didn't have him put a time by it. Bird: You really don't believe that, do you? Rountree: Well, once. Nary: Mr. President, Members of the Council, I had a comment on Luke's presentation. My son was at the speech at the Idaho Meth Project presentation that was here and he did a fine job and was quoted in the newspaper and the news and was saying sometime later last week -- he participates in debate for Rocky Mountain High School, so he was at a debate and they were discussing drug free Idaho, the Idaho Meth Project, those types of things, and he's in the group and one of the people in the group's quoting him and they didn't know he was there. So, he felt pretty fulfilled by being able to participate in something like that and so it really is a pretty fulfilling project. I only have two -- two policies for you to review. One has already been vetted through the directors as in our normal course. The other one I just sent out today, so I haven't gotten any feedback yet. On the first one, the on-call call out, we had this policy in front of you about a year ago. We did approve it. Basically, we formalized the process that we were using for on-call or call out for the Public Works Department and for the Police Department. What we did now, in speaking with Mr. Siddoway, we've added the Parks Department into that policy as well, because they do have some call-outs and they found that it has been working, but there was some necessity to really formalize what the rules are, how the pay is made, what requirements are for return and so we just -- since we already had an existing city policy, we just included the Parks Department in it. The other one, employee complaints, we have in our policy manual currently a method for people to file or register a complaint in regards to harassment issues. So, in our policy if you -- if you feel that you're being harassed, whether it qualifies as a Title 7, protected federal harassment type of claim or you're just feeling generally harassed in the workplace, whether it's covered by Title 7 or not, this is a method by which you're supposed to file your complaint, how you get it known, how you get it investigated. There isn't anything else in our policy that advises folks if they have any other type of complaint. It may not necessarily be harassment, it may be something else, whether they think it's some sort of unfair treatment or something else. We deal with a lot of employee issues that aren't necessarily harassment and the Mayor and I in discussing in felt it was appropriate to at least have some avenue in the policy that advises folks what they are supposed to do, who they are going to contact, who is going to look at it, and, then, of course, if there is anything in relation to human resources, then, where that's going to go, that the Mayor's Meridian City Council Special Meeting Workshop February 17, 2009 Page 46 to 57 going to be involved with that and that someone is going to take direction, just so they were aware that there is some method and forum in which they can be heard if they have an issue and not all of those things are necessarily -- I tried to make it pretty broad so it wouldn't necessarily be something everything -- you know, everything isn't a major deal, but employee's issues and concems need to be addressed in some fashion and that's the intent here. If there is more word-smithing necessary, that's kind of what the directors will help you if you have any suggestions on this. Wasn't necessarily trying to open the door to every single thing, but we really wanted to make sure that people knew that they had issues or concerns that we would address them. That's all I have. Time? Bird: Holy Toledo. Rountree: He was brief. Please review these and as you have comments, if you will get them to Bill so he can -- you're going to the complaint policy you're going to vet with the directors -- Nary: Yes. Rountree: Okay. So, we can add any of our comments in that process and as far as the on-call policy, you're right, we have seen that. Take a look at the modifications and, then, we will schedule that for consideration a date in the future. Nary: Yeah. Two or three weeks to get comments. Rountree: In a couple of weeks. Yeah. Nary: And, then, we can bring it back with a resolution. Rountree: Okay. Thank's Bill. Nary: Thank you. F. Police Department Strategic Focus Discussion. Rountree: That completes all of the stuff. Now for the big session. Chief, you're on. Lavey: I didn't realize you did all three of those. I'll get a quick lesson here, too. Okay. Mr. President, Council, the purpose of this report today is mainly to engage in discussion on kind of where we are heading in the police department, but, really, I'm not stuck to any particular agenda. If there is something that you want to ask that's pertinent to what's going on currently, we can do that as well. I have been working with Councilman Hoaglun over the last couple of months kind of educating him on what we do in the police department and with our new Council liaison we have been slowly meeting every couple of weeks kind of talking about when we are doing and where we are heading and everything else. But I do have some -- a Powerpoint here to talk about some of the things that face us, some of our things that we are doing in -- in the next Meridian City Council Special Meeting Workshop February 17, 2009 Page 47 to 57 couple of years. And so with that let's go ahead and move forward. And I'd just like to point out, too, that Public Works is supposed to be doing this today, I was supposed to be doing it in November, so I have had to up my time a little bit, so I didn't put together some fancy presentation like the Heroes Park or anything else, but -- and I did steal from Anna a little bit, too. I've got to give her credit there. First of all, just a little bit about the police department. When I came to the police department there was 34 officers. We are currently at 80 allocated. Out of that 80 officers we have 73 that are currently working for us today, with another 26 support personnel, that gives us a total allocated figure of 106 employees, hereby the largest city -- or largest department in the city. We are broke down into three divisions. Well, actually, kind of four. We have administration, which kind of oversees these three divisions. We have patrol. In patrol we have actually uniform patrol, the police officers that go door to door. We have the traffic team. We have the K-9 unit. We have the bicycles. We have the neighborhood contact officers. In community services we have records, victim witness, crime analysis, animal control, school resource officers, crime prevention, the drug rank coordinator -- there is probably a few more there and if that commander was here today he would tell you that I probably missed. But that gives the gist of that. And, then, we have a third division, which is the criminal investigation division. It's has crimes against persons, crimes against children, property crimes, intemet crimes, financial fraud crimes and any critical incident that come up in the city. This is the mission statement for the police department and over the last couple of months we have actually been looking at possibly revising this or if this actually works for us and we decided that this actually works for us with just a little bit of a different spin to it. But, basically, to provide the highest quality service in partnership with our community to preserve and protect life and property through education, prevention, and enforcement. Now, we have done quite well at that, but as individual divisions they have looked it and said, okay, I'll do enforcement, you do crime prevention and you do education and trying to get them to realize that, no, this is what we serve under, this is -- every decision we make is based upon our mission and your responsibility is all three of those. So, now that we have kind of had a downturn in the -- in the economy and it hasn't grown as much, what we are actually doing is taking this one step further and doing the community safety through proactive education and problem identification and solving. So, instead of just being reactive to what goes on out there, we are trying to put a proactive spin to it and now that we actually have our heads above water, we are able to do that. I had to put this in here for Anna. She loves this. But not so much -- and we are going to talk about the services meets demand, the strategic growth, excellence, but the reason why it's in there is its all the gears turning together and, really, that's -- that's kind of where the police department falls in some of this, because when it comes to like economic excellence, you have to sit there and go what's my part in that. But I'm still a part of that gear -- or I may not be a gear, I might be a tooth or a couple teeth, but we will talk about that as we go on further. Talk about some initiatives that we are currently working on with the law enforcement community. This one here -- this law enforcement visionary group, we have actually -- I was telling President Rountree I believe this last week is we have actually formed a group of law enforcement executives where we are actually looking into the future and sitting there saying, okay, where is law enforcement heading, where is your department heading, where is our department heading, where are we Meridian City Council Special Meeting Workshop February 17, 2009 Page 48 to 57 heading as a group, what issues are we facing here in Treasure Valley, what issues are facing on a nationwide level, and what can we do working together as partners to combat that. Some of these we have talked about is are we -- are we actually providing the same resources. Should we consolidate those resources. Should we actually be -- should they be the same, should they be similar, should they be the actual same resources, such as crime lab. The state does the crime lab right now. The local sheriffs office has a crime lab. Boise police department has a crime lab. Why do we all have crime labs? That sort of thing. And so can we dovetail on that. One of the things with the state's economic status is they have one forensics that is currently -- they are currently down in and they put a major priority on that, but if they lose more people, then, we might have to look at other resources and one of the things that I'd like to do is talk with the sheriffs office or talk with the police department and maybe get on that, instead of starting our own. One of the things that we talked about is working closer with the Council liaison. I think this is an extremely important right now with where we are heading with our -- our budgets and although we are in pretty good shape, we have no -- none of us can look forward into the future and realize what that's going to hold and, really, just kind of understanding Council's priorities up here and understanding the public safety factor. We have to talk about that as well and just kind of seeing where everybody's -- what everybody's thinking. And, then, as things are slow, as we can start working on future planning, future growth. One of the things that we have been working on in a citywide scope and plan to on a department-wide scope, is management of emergency events, preparing for the future. One of the things that we have done is we have been training all our command staff into incident command and into incident management -- the national incident management system and this is done for a couple of reasons. One is to get everybody on the same sheet of music, the same gorgon, the same communications that fire's been on board with for a long, long time. But the other thing is it's mandates -- federal mandates for grants that are coming up as well and really kind of preparing your public safety for human caused or natural disasters. We meet once a month on -- our city emergency management team meet once a month and fire and police are there and we have actually got parks on board with it, we have got finance on board with it, we even drug legal in there kicking and screaming, but they are on board with it now. And working on how are we going to prepare ourselves for that event if it ever does happen. Not to the point of being paranoid, but, for an example when we did our drill down at Owyhee Plaza last year and they were dumping everything on us and it was kind of a stressful day and you have one terror event after the other, after the other, after the other and, really, the logic is if you can survive that, you can survive anything. And the next thing you know they get the phone that said they just blew up the police department. Well, first of all, that kind of upset me, because it is a new department, but the other thing is it caused me to think, well, what do we do if we don't have a police department? And so one of the plans is to develop that plan. This is what we are going to do if we don't have a police department. This is how we are going to operate. This is where we are going to meet. This is where we are going to report. So, that's one of the things that we have to work on. Through our rapid growth it seems like we were just throwing resources to the fire at times, at least in the police department, and really kind of -- we need more positions, we need more positions. Well, what are you going to do with them if we get them. So, right now that Meridian City Council Special Meeting Workshop February 17, 2009 Page 49 to 57 we have actually had time to actually take a couple of deep breaths without sinking, now is the time to sit there and say how many people do we actually need. Are we good with what we have? Do we need more? What do we anticipate our future needs are going to be? Some of the other things that we are looking at right now are updating our policies and our procedures. We are also improving our -- our training and converting it to a full scenario based training program. It makes us kind of reexamine our priorities, what we are doing and why we are doing it. And, then, we are also taking an in-depth look at our local ordinances and updating or adding or deleting those laws that pertain to the police department. I haven't dropped that on Mr. Nary yet, so more things coming his way. Talked about this just briefly and I was kind of joking about it, as far as economic excellence, but what does the police department -- how does that impact economic excellence, because I don't go out there and ask people to come in here and build in here and don't work on the comprehensive plan and everything else, but I need -- I have a small part in making it desirable for them to come here. They need to feel safe. They need to feel welcome. They need to feel like not only can they do business here, but they can actually raise their family here. So, that's part of where I can control -- and, then, I also have to support the Mayor, the Council, the directors, and work together as a team on that economic excellence, regardless of the fact that if I have a direct input in it or not. We are constantly improving the quality of service to our community and we do that through the C.A.R.E's values and you have heard this time and time again as far as customer service, accountability, respect and excellence. And that is the values that we hold in the police department as well, but we also do several other things. We have done our second internal survey, where the results come out soon. We did an external survey that I came in front of Council for a couple months ago and I'm here to tell you that I believe it's March we are going to come in front of Council at the March workshop and present those findings. They are very, very good findings. But I'm going to have the group that did it come forward, so they can give that presentation and they can get recognition for the work that they did. And, then, you can listen to someone else talk instead of me. Some of the other things that we have worked on is face-to-face input, going out to civic groups, going out to our town hall meetings, meeting with people, hearing what they have to say, the good, the bad and, then, going forward in that. One of the interesting things that we have found when we did our survey is that most of the people that -- that heard about the survey either heard about it through the local media or heard about it on our website. They were actually searching the -- Googling Meridian and found out the survey was on the website. So, we'd like to focus an improvement to our website and I have actually assigned someone that actually has the authority to make those changes as they see fit. I kind of give her a general direction of what I want and she makes those changes and you don't have to sit there and go up through the chain of commend and wait several weeks before we make any changes to the web. One of the things that we have on there right now is online reporting, but looking at can we expand that. Is there things that we can do to improve that, that such as not -- well, I guess employee complaints, but usually the citizen complaints, can we put that online and some of those things. We have general report writing -- I mean report -- reporting online, are there other types of calls that we can add to that? A couple things that we looked at is using our in-house programmer and IT. We have had a project on the books for some time now, but working together to Meridian City Council Special Meeting Workshop February 17, 2009 Page 50 to 57 actually have someone design a program to help us with our audio files at the police department. And, then, this is one thing that my department, Planning, Public Works, have all been working on is a unified tracking database. This is where we can actually store information in the computer that we all can access it. And a perfect example would be if we are working on a -- some sort of problem house, high -- you know, high weeds or something like that, we can make notations in the -- in this file about what we have done and, then, planning gets a phone call on it, they can pull up the file and see, well, the police department's already had contact with them, this is what they have done and, then, this does happen when we have homeowners that are actually trying to play one department off the other department, we all know what each other is doing now. So, some of those future things that we need to work on. One of the main priorities of the police department is to keep people safe. That's why we are here is to keep people safe. And it's not just the community, but it's our employees as well. And I need to provide a safe environment for my employees, I need to provide the proper training for my employees. I need to provide the quality equipment for my employees to keep them safe. And, then, if they have the tools to do the job, then, they can go out there and keep the community safe. And in return some of the payoffs that we have from that is it increases our ability to recruit quality applicants. I can tell you that in a lot of areas, from our K-9 building to our police department, to our cars, to just how we do business, we are the envy of the valley when it comes to the officers going how do you do this and that's because of the support that I get from not only the community, but from the Mayor and from Council and the support I get from my own people. Stewardship of the public trust. Some of the things that we have done over the last -- last year is when fuel prices were about $4.50 a gallon, we really kind of had to look at things and say what are we doing? Well, we did several things and -- and I'm not sure it's enough, but we actually started car pooling to court. If we could put a bunch of officers in court, car pool together, we would do that. Some of the problems that we faced is that if one person got out of court and then, you know, one person got hung up, then, you got to leave them there or they'd all have to stay there and that's kind of a waste of resources, too. But we have really encouraged carpooling. When we have meetings over here at City Hall we carpool if we can and when we have meetings in Boise we carpool if we can. It's kind of hard sometimes when you're a first responder, but for some of the support staff it's a lot easier to do. Some of the things that we have also done is we have cut the lights in the building. We actually do not have to have a full bright light through the whole building, we will cut the lights after hours, we will make sure the lights are cut, except everywhere but in patrol. We actually have a no idling policy. The only patrol cars that can actually idle are those that are on a traffic control scene or have a K-9 in the car. So, everything else has to be shut off, regardless of whether it's 90 degrees outside or if it's ten degrees outside, your car has to be shot off. And, then, we are just concentrating on doing what's left, whether that's less money, whether that's the same amount of staff, how are we going to survive the future. Kind of looking at where we are going there. These are some of the current projects that we working on. We are looking at updating our current policy and procedures manual. Preparing for an accreditation assessment with Idaho Chiefs of Police Association. We are studying the staff efficiency in regards to report writing, evidence collection and the report forms used. The main thing is are we doing it the right way and for the right reasons and at Meridian City Council Special Meeting Workshop February 17, 2009 Page 51 to 57 the right time. Some of these may seem less of a priority for some, but we are really kind of improving our awards program. We have had an awards recognition program for several years, but we have only done it once a year and we need to do timely recognition. When someone does something that's above and beyond they need to be recognized fairly immediately, not a year from now, because a year now we tend to forget. One of the other things that I made it easier for them is that through IT we put in an online report, so they can report the good deeds as they happen and, then, we just have a database that collects them. So, when they first happen, write it up, and, then, we will remember it when it comes time. Prescription drop -- drop-off program. We have talked about this in the past as far as what do we do with those expired prescriptions or prescriptions that we come across in maybe an unintended death or something like that and we are getting ready to kick off adrop-off program where you can actually drop off your prescriptions to the police department and they will properly dispose of them. And we really are going to start off small. We had envisioned opening it up to everybody and opening it up for other controls or illegal narcotics and we are just really going to stick with prescription drugs and we are going to stick with Meridian city residents for now and see what sort of need is out there and if we need to grow we will grow and if we can accommodate, we will accommodate. A couple other things that -- that's exciting right now is that our volunteer coordinator is working on a fundraiser -- or, actually, several fundraiser for the K-9 unit. We are getting ready to retire a police dog. Instead of coming in front of Council and asking for those monies, we are looking at -- we got a lot of groups that love dogs and have come to us and said, hey, what can I do, what can I do, what can I do, and so we have put some things in place for that. One of the other things that really ought to give the fire department credit for this, because they have inspired me in this. When I asked about the history of the Meridian police department and, you know, my history goes back 12 years -- that's not a very long time. So, we are getting ready to put the call out to the community, so anybody that has history of the police department to provide us information. Old newspaper clippings, photos, and everything else. But, then, we actually have a group of volunteers -- community volunteers that actually are putting together a history while in the police department. So, as soon as you walk into the secure part of the police department you will actually see all the photos and that sort of thing. So, we are working on that and it's very very early in the process, but this really kind of inspired me after the fire department had their hundred year anniversary this past summer. And, then, I just come up with a couple opportunities. Despite the economic status, there are some grants out there and we are looking at possibly obtaining some grants for new bicycles and some SWAT equipment. This is kind of some of our present reality I'm just going to talk a little about. If you haven't heard, the POST -- police academy has canceled all academy classes until July. The police academy, dispatch academy, corrections academy, you name it, it's canceled. The sad thing for us is we have six police officers that are currently ready to go to the police academy. Now, I kind of anticipated that this was going to happen, so I didn't give them a hire date, they are not on the books yet, because the problem is the minute I hire them and the clock starts and I will have officers that are off probation before they even get out of training. So, where are we going to go? I have no idea. I just spent all day with a bunch of chiefs and the POST director and I think the reason why Igot -- had a headache when I got out is because of Meridian City Council Special Meeting Workshop February 17, 2009 Page 52 to 57 some of those questions that we are facing. Our phone system. We put our phone system in the police department when it was brand new in 2002. It is at capacity. So, if I hire anymore people I can't give them a phone. And you should know, too, is that out of those 106 employees we only have about 60 phones as it is, so not everybody has actually has a phone anyways. But we are going to look at needing to upgrade. I have been working with IT on how can we come up with a quick fix to come onto the citywide system, with the hopes of maybe being able to put it off until 2011 coming in front of Council and asking and asking for an enhancement for a new phone system. Our department is at capacity as far as space. Our evidence storage is 87 percent full. We have actually had to go do a lot of disposal of evidence, but we can only dispose of the evidence that's already been adjudicated. Hence, some of the reasons why we are looking at how we collect evidence. Do we have to collect every single cigarette that we take away from an individual and that short of thing and we currently have our legal advisors working on those issues. So, what are we going to do for space? We are going to have to work on the space assessment. My guess is any sort of expansion is years off and we don't have years to wait and so we are going to have to come up with something. We -- we still have a need for a long term solution for a firearms training range and the Mayor kind of touched on this in her State of the City and, really, I'm going to touch on it with the -- with the visionary team when I meet with them next month as far as what are we going to do, not just Meridian Police Department, but what are we going to do in law enforcement in general in the future? And these -- just to give you a couple things here, at the very very bottom -- they just came out today, with the -- regardless of what your feelings are on the economic stimulus package, part of the package is going to have grant funding that's going to help law enforcement. One is in the area of Bymes grants and the Bymes grant is investigative resources. We actually use our undercover through the Bymes grants. And, then, in the past we have actually hired police officers under the COPS grants. I know that there is Council in here and I believe Chief Anderson was also probably a member of Council at the time when we had some COPS grants come in front of Council. The nice thing about this time -- if you recall it used to be a 75-25, a 50-50, and 25-75 -- the match is gone. Bird: For years you had to -- Lavey: A hundred percent they will fund it. A couple kickbacks. One is you have to -- like Councilman Bird just said, is you have to fully fund it yourself after three years. The other thing is is that the monies, because they are tied to the stimulus package, have to be spent before -- sometime in 2010. I don't have all the particulars, because the bill itself is 1,200 pages long. But still that puts us in a problem with the police academy. If July comes around and they don't have a police academy, how can you hire police officers? With that being said, I'm going to open it up to any comments that Council may have, any questions that Council may have. I tried to keep it as brief as possible, knowing that this is the last thing of the day, but I'm yours until you're ready to go home. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council Special Meeting Workshop February 17, 2009 Page 53 to 57 Bird: Regarding the academy, is there any way -- I mean we have to pay to send them through the state. Is there any way Boise would take six -- our six officers? You can't afford to be without your six officers. Lavey: Well, the sad thing is is that Boise had their own police academy that they did for a year and they realized that they financially could not bear, so they went back to the state. Boise was going to have their officers in this next academy until their hiring freeze. Now that they froze, they are not in a critical situation as we are. But the Boise police department is going to go back to the state academy. Bird: I have a follow up. Rountree: Mr. Bird. Bird: I mean we both know in economic tough times crime gets tougher. You have -- there is more need for police officers on the pavement than there is when it's good economic times, because people have bad habits and they are going to do anything they can to support them, whether they have a job or not. We have the same thing in the fire department. You probably see more arson fires and stuff like that going on. Domestic problems I'm sure increases. So, I don't know, is there any other academies around the state? Does Pocatello have any or -- Lavey: I am told that the north -- northern Idaho is putting on an academy. Well, this was news to me today and I don't know -- I don't have the information as far as do they have housing or anything else, because it's just done by the local police department that's actually putting it on. Either local police departments or through the university up there. So, I don't know as far as per diem costs and everything else if we could even -- we could even afford that. One of the things that I think we need to do and I'm pushing for is that we need to get back to the basics. We need for -- we have -- statutorily we have to provide training to police officers within a year, which means that we can probably do away with some of the inservice training that we have and some of the other things that we do out there, we need to go back to the business of having basic police academies and if we provide the basic police academies and, then, we have a little more money, then, we can add those other things. But I think our priorities are mixed up over there. Pretty strong words, but -- and that's only one person's opinion, but that's my opinion. Bird: Anything we can do to help? Any of the Council or -- Lavey: Well, didn't Derek -- who was at the meeting today, he heard what we had to say. I think you can let our legislators know as far as what we are facing and there is a lot of communities out there, though, that are facing tough times as well and so they have either had to put a hiring freeze on or they don't have the monies and so it's not a critical need for them either. The fact that we have actually been so conservative and we are not in dire straits, we have almost been hampered because of that. And so I Meridian City Council Special Meeting Workshop February 17, 2009 Page 54 to 57 guess you could talk to your legislators, talk to the governor, I talked to the colonel of the state police today -- I guess we just have to wait and see what happens in July. If they don't have academies in July, then, we really need to turn up the heat. Bird: That's a possibility of that happening in July, too. Lavey: Well, I don't think it's a possibility. President Rountree probably has more knowledge of that as far as the -- the state budgeting cycle, but the new fiscal year is in July, so my guess is you wouldn't have that problem in July, but toward May of next year who knows. Rountree: Yeah. That would be the start of a new fiscal year. I don't know what their budgets are coming out of the legislature right now. That's a topic we can spend a lot of time on. I guess my comment is, chief, you did a great job of giving us a synopsis of what you're doing and I appreciate that level of detail that's just enough to pique my curiosity on a couple things. Once, again, you do great work and I like the idea that I see for the first time that the police department in particular actually going out and starting to team up and work with other departments in the city. That's great. That's great. You identified some of your organizational excellence, things you're doing, good stuff. I particularly am excited about hearing that you and the city are looking at enterprise data storage. You know, there is -- now is the time. Ten years from now it's too late. Now is the time to start doing that. And I know it's going to take some software investments, but we need to continue to do that. You did mention a program on your current projects, the prescription drug drop-off and I'm just going to ask are you working with Public Works on that? Lavey: Yes. Rountree: Okay. Good. Lavey: We have, actually, worked with Public Works. We have actually worked with the state. We have actually worked with DEQ and others. I can tell you that the feds are slow and the state are much faster and so we have been working with everybody. Rountree: That's going to be a water quality problem one of these days, so that's good. I would suggest one other thing and you did mention the Byrne and COPS grants, but there may be in this stimulus package an opportunity to explore the range, as well as some other capital infrastructure improvements for law enforce and I would not let that drop. I would get either your chief association or somebody looking at that and -- I think there is probably something in there that -- I think the plans we have for our range could be considered shovel ready. Lavey: That's what I was thinking. The shovel ready issue -- Bird: We are ready to go. Meridian City Council Special Meeting Workshop February 17, 2009 Page 55 to 57 Lavey: We are shovel ready for our needs and maybe some future needs, but as we widen that scope we might have to increase that, but I do believe we are shovel ready. We can break ground once we got through the permitting process. Rountree: Yeah. So, I would not let that go. But good job. I appreciate what you said. Bird: Charlie, a follow up. Rountree: Keith. Bird: And I wouldn't tum -- like Councilman Rountree said, I wouldn't tum down that COPS, because I think Ron -- you know, even though we had -- they help you three years and, then, you have to pick it up, at least you get three years and, then, you pick it up. So, it's -- you're getting three years of -- of an officer without having to pay for him, basically, or getting a percentage. I thought -- I thought it was a great program and, in fact, was quite song when they shut it down on us. I don't know what Chief Anderson felt when he -- because he sat on the Council with me at that time and if you can get that I -- boy, I think it's not too bad to take. Lavey: We can always say no if they say yes. Bird: Yeah. Lavey: But we can't say yes if we don't -- Bird: So, I encourage you to do something like that and I'm like Mr. Rountree, looking at grants for that firing range. We are ready to go. Hoaglun: Mr. President? Rountree: Brad. Hoaglun: Comment on the phone system. You know, that's something when -- working with a state agency we were exploring phone systems. Ours is -- where I was working was -- had its -- end of its life cycle and we were looking at partnering with other agencies, departments, trying to -- where they had excess capacity -- I mean there was software, different things like that. We were looking at intemet phones. I mean there was a bunch of things out there and -- because it is costly to replace and when you reach that end of the capacity you're kind of stuck. So, you know, just encourage you to look at all options and who knows what might pop up out there, so -- Lavey: I didn't get -- I didn't go into great detail on that, but with the state they have the IT network, the IT protocol phones, and so it's easy to do that. We have a digital based system and so it's harder to do that. But I have found that working with the -- starting to work with our vendor, an IT protocol system was for a -- it was going to be about 54,000 dollars. But acity -- or not a citywide -- a department-wide upgrade to the same system Meridian City Council Special Meeting Workshop February 17, 2009 Page 56 to 57 the city has is 65,000 dollars. Big difference. So, I asked the same vendors that the City Hall uses as far as what could you do in a short term and they, actually, have come in at about 5,500 dollars, which is pretty reasonable and I can do it with the existing budget. But it's using a used PC card and, then, about a 4,500 dollar power switch and then, any headset that you have to buy as to that, you know, and the one thing with the IT phones is they are a little bit more expensive than the digital phones, but -- so, I believe that we are under control now. It's something that we can get by until then. It got so bad that when we actually added another phone line in the phone line actually range at four different -- 14 different extensions into the building, so when you're calling one person you actually called 14 people. That was the first signs that something was going wrong. Bird: It sounds like I wired it for you. Rountree: Any other comments, questions for chief? Zaremba: Thank you. Lavey: Thank you. Let's go home now. Item 6: City Ordinance /Policy Review. Item 7: Executive Session: Idaho State Code 67-2345(1)(c), (1)(fJ. Rountree: Yeah. Go home. That brings us to our last item. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). (1)(fl~ Zaremba: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Bird: I move we come out of Executive Session. Zaremba: Second. Meridian City Council Special Meeting Workshop February 17, 2009 Page 57 to 57 Rountree: It's been moved and seconded to come out of Executive Session. All those in favor? Opposed? MOTION CARRIED: ALL AYES. Bird: I move we adjourn. Zaremba: Second. Rountree: Moved and seconded to adjourn. All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) (.,1~~ ~, !~= COUNCIL PRESIDENT CHARLIE ROUNTREE ATTEST: ~ / /y /~ DATE APPROVED JAYCEE L. HOLMAN, ~i / -a ~{ GpRPO~q ~~' . ~... 'Z 'C" RK.... ti ~~~ ~,ST i s<' ~O ~i1 ~ ` ~' - - s~aTV , ~ • • February 13, 2009 AZ 08-001 MERIDIAN CITY COUNCIL MEETING February 17, 2009 APPLICANT Relo Development ITEM NO. $-A REQUEST Tabled from 2/10/09 -Findings for Approval -Overland Village AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See arttached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ ~ ~~~~~~ ld CITY WATER DEPT: ~ ~~ CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • Page 1 of 1 Tara Green From: Sonya Watters Sent: Thursday, February 12, 2009 3:33 PM To: Tara Green; Machelle Hill; Nancy Radford Cc: Joe Borton; Tamara Thompson; Jonathan Seel; Peter Friedman Subject: Overland Village AZ VAC Findings for 2/17 CC Mtg Follow Up Flag: Follow up Flag Status: Green Attachments: Overland Village AZ VAC ffcl1.doc; Overland Village AZ VAC ffcl2.doc Attached are the Finding of Facts and Conclusions of Law for the Overland Village Annexation & Zoning and Vacation applications (AZ-08-001 & VAC-08-001). These documents are scheduled to be on the City Council consent agenda for February 17, 2009. Please call or a-mail with any questions. Thank you, sowu~a wafters CITY OF MERIDIAN Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 208.884.5533 ph. / 208.888.6854 fax 2/13/2009 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~E IDR IAN~- ~J In the Matter of Annexation and Zoning of 9.06 Acres from the RUT and Rl (Ada County) Zoning Districts to the C-G (General Retail and Service Commercial) Zoning District; and Vacation of the Existing Right-of--Way of 5. Rackham Way, by Relo Development. Case No(s). AZ-08-001 & VAC-08-001 For the City Council Hearing Dates of: August 5, September 2, and 23, October 28, and December 2, 2008. (Findings on the February 17, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I:C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-001 & VAC-08-001 - 1 - 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement provisions in the attached Staff Report for the hearing date of September 2, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning request as evidenced by having submitted the legal description and exhibit map stamped and dated December 20, 2007, by Jeffrey H. McAllister, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of September 2, 2008, incorporated by reference. The applicant's request to vacate the existing right-of--way for S. Rackham Way is hereby approved subject to ACHD's approval. D. Attached: Staff Report for the hearing date of September 2, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-001 & VAC-08-001 _ 2 _ ~~ B ction of the City Council at its regular meeting held on the ~~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED --- (TIE BREAKER) Cc~c n . ~Z~ \`~, ~, ~ ~ 1~Iay,Qr Tammy de Weerd .``~~~t OF M~~~~~~`'% Attest: ,`~ ~. '°9,1,'~ -. \~ TFO Jaycee Holman, City Clem ~~ ~a`~ Copy served upon Applicant,'~'I`~fe ~i~;~)i~`artment, Public Works Department and City ,~~ ~+~ Attorney. By: Dated: O~"~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-001 & VAC-08-001 - 3 - • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 STAFF REPORT HEARING DATE: September 2, 2008 ,,,, E I ~-- TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Overland Village • AZ-08-001 Annexation and Zoning of 9.06 acres from the RUT and Rl (Ada County) zoning districts to the C-G (General Retail and Service Commercial) zoning district • VAC-08-001 Vacation of the existing right-of--way of S. Rackham Way Since the time this application was originally scheduled to be heard by the Commission on February 215:, the concept plan has been revised several times due to emergency access issues to the site. The staff report has been revised to reflect the latest concept plan that is included in Exhibit A. ACpID has also agreed to work with the Fire Department to ensure adequate emergency response to this site (see letter from ACID in Exhibit B). As of the print date of this report, the Fire Department has not yet submitted comments on the revised plan and AChID's letter. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Relo Development, has requested Annexation and Zoning (AZ) approval of 9.06 acres from the RUT and Rl (Ada County) zoning districts to the C-G (General Retail & Service Commercial District) zoning district. Concurrently, the applicant is requesting to vacate the existing right-of--way of S. Rackham Way. The subject property is located on the northeast corner of E. Overland Road and S. Eagle Road, in the southwest 1/ of Section 16, Township 3 North, Range 1 East, B.M. The subject property is within the City's Area of Impact and Urban Service Planning Area. Approval of the subject AZ application would allow the applicant to obtain a commercial zone and develop the property with retail, office and restaurant uses in the future. The Applicant has not submitted a subdivision application at this time but intends do so at a later date. However, the Applicant has submitted a concept plan for how the subject property may develop, and elevations for what the future buildings will look like. Staff has reviewed both the concept plan and the elevations and has included Development Agreement provisions in the staff report related to the submitted applications (AZ and VAC). Approval of the subject VAC application to vacate the existing S. Rackham Way right-of--way would allow the applicant to do a land swap with ACHD and to reconstruct Rackham Way to Overland Road further to the east. 2. SUMMARY RECOMMENDATION The subject AZ & VAC applications were submitted to the Planning Department for concurrent review. Per UDC 11-5A-2, the Planning & Zoning Commission is required to make a recommendation to the Council on the AZ application; the Commission is not required to make a recommendation on the VAC application. However, the Commission may review and make comments on the VAC application, as this application is significant to the proposed development of this property. Any comments related to the subject applications (AZ-08-001 & VAC-08-001) will be included in the Commission's recommendation to the Council. Staff is Overland Village AZ-08-001 & VAC-08-001 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN • TE OF SEPTEMBER 2, 2008 recommending approval of the Overland Village application (A~08-001 & VAC-08-001) with a Development Agreement for the project. The Meridian Planning & Zoning Commission heard this item (AZ) on February 21 March 20 Ma_y 1 & 15, and June 5.2008. At the public hearing on June 5, 2008 they moved to recommend approval of the subiect AZ request. a. Summary of Commission Public Hearin: i. In favor: Tamara Thompson. Gary Allen ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commentine on application: Joe Silva b. Key Issue(s) of Discussion by Commission: i. Necessity of a bride across the Ei>rht Mile Creek to provide connectivity to/from the parcel to the east; ii. Disproportionate share of the cost of a bridge for the subiect property in comparison to larger adiacent properties; iii. Possibility of putting a sunset clause on the road trust for the cost of constructing a bride across the 8 Mile Creek in the event the property to the east doesn't develop within a certain time period; c. Key Commission Change(s) to Staff Recommendation: i. Modify Development Agreement provision #c to allow buildings up to 4 stories in height (instead of 3) up to 65 feet (see page 10). d. Outstanding Issue(s) for City Council: i. If Council supports the Commission's recommendation to allow buildings up to 4 stories in heisht up to 65 feet, the Council may want to see revised building elevations (only 1-2 stories are currently shown on the elevations submitted). as ummarv of City Co nc'I Pub is Aearin L ~. In opnosition: None il'i. Co men 'ng: ri tie .ittle iy. Written testimony: None y. tall nresenHng annlicaHon: nna a ning7 Pete Frie man: y~, ther staff commenting on ann ication: B'll ohn on: eff .avev: oe 'lva: in 1 U D 1L s o ev Issues of Discussion by Council: ~, ' e and structures should comply with new de i n tandardc no vet 'n effect: ~. ow the overflow narking from the A An nark and rid lot will .ffect this site: ~. ossibility of any flood elevation i ue a cociated wi h the e i 'ng c ~lve no h o ~ he adeauacv of emergency access to the ite: the need fort ree acce s noin i _~ Relocation of the stub street to the east for a future connection over he F,i ht Mile Creek further to the s uth o : y~. he applicant should nay a proportionate bare of he co t of a ve is ~lar connectio (bridgel acro the F,i ht Mile reek: Overland Village AZ-08-001 & VAC-08-001 Page 2 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING~DATE OF SEPTEMBER 2, 2008 ~. Exploration of the outi-com. li kited ton bare, or traffic li ht idea to keen he ackham Wav 'nter ection clear for ewer encv re acce ~, ev Counc'1 .hap ec to Staff/f'nmmiccinn RP~nmmP a. In_an effort to ensure emeryencv acce o the site the applicant shall he rennired to ete the following prior o occupancy of any ctrnctnre on the i • 11 lnctall `moo Not Block Intersection" inn wi h a flachin¢ hearnn wahin the ~~apt h__..ffpr at _ e Rackham Wav/Overland Road in er ection. The fla hip _ beacon will be ' ated with the Overland/Faol in erc ptinn thrnnuh an (lnti[•nm dav:re a ' only flash when activated by ewer encv ervice provider When an addition ea t of Rac ham Wav hat 'll al o erve t i ite he beaco maybe removed: and 21 Pant "Keen tear" on he pavement nn overland Rnad at the same intersection (see DA nYnvi_cion #Y): ~. Modify DA provision #k to eliminate the requirement for the applicant to provide a stub street to the west boundary of the ELht Mile Creek adiacent to the ACRD park and ride lot. as currently shown on the conceptual site plan and pav for half the cost of a bride. In lieu of providine a stub street from Rackham Wav to the west easement boundary of the Eieht Mile Creek. the applicant shall be required to dedicate property (equal to the area o '~inaly__~posed for a stub street) to ACRD for possible expansion of the park and ride lot if ACfID determines within 6 months of approval of the DA by City Council that this property will be beneficial to expand the park and ride facility and will be used for those purposes If ACRD determines that the property is not needed. then the applicant has no obligation The applicant shall submit a letter from ACRD of their final determination on this matter within this six month period fsee letter from ACHD attached in Exhibit A S for more information): ~. he applicant skis I provide a tub tree or drive aide to he ea t on the cubiert property`near Pad C on the narrow cectinn of theF,iuht 1Viile Creek_ within the cross-access range shown on the revised cite plate in E~ibit A 2 A hridup connection over the creek is not required to be constructed by the subiect property owner. (See DA provision #t): e driveway to Rac ham Wav from he "Maior A" par in area that is In ate e curve as depicted on the concept plan ha 1 be eliminated / ee Yet~% d ite plan in ExhibitA.2): ya dd a DA provision rea irinu the app ican o pav a proportions share of he co _ construction of a ve is lar connection (brid el acro the Five Mile reek in he of 534.141.80 based on the calc elation hown in F,xhihit A_d_ A ~.lret~ ' out a sunset clause. 'n a form acceptable to the itv Attorney shall h . cnhmitte 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ-08- 001 (and VAC-08-001) as presented in the staff report for the hearing date of September 2, 2008, with the following modifications to the proposed development agreement: (add any proposed modifications) Denial Overland Village AZ-08-001 & VAC-08-001 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 After considering all Staff, Applicant, and public testimony, I move to deny File Number AZ-08-001 (and VAC-08-001) as presented during the public hearing on September 2, 2008, for the following reasons: (you should state specific reasons for denial of the annexation request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-08- 001 (and VAC-08-001) to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3330 E. Overland Road (Parcel #'s: 51116336421, S1116336403, 51116336453) Northeast corner of E. Overland Road and S. Eagle Road Southwest % of Section 16, Township 3 North, Range 1 East b. Property Owner of Record: Cameron S-Sixteen Retail, LLC 755 W. Front Street, Ste. 300 Boise, Idaho 83702 c. Applicant: Relo Development 16679 N. 90`" Street, Ste. 100 Scottsdale, AZ 85260 d. Representative: Tamara Thompson, Landmark Development Group 2462 Sunshine Drive Boise, ID 83712 e. Present Zoning: RUT & Rl (Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Description of Applicant's Request: The Applicant is requesting approval for Annexation and Zoning of 9.06 acres from the RUT and Rl (Ada County) zoning districts to the C-G zoning district for future retail and restaurant uses. The Applicant is also requesting approval to vacate S. Rackham Way in order to do a land swap with ACRD and reconstruct Rackham Way further to the east. h. Applicant's Statement /Justification: The Applicant's narrative states, "It is our intent to obtain general project approval through Planning and Zoning and City Council and to work with City staff on the planning and construction details. A preliminary and fmal plat will be processed at a later date. Both a proposed conceptual site plan and conceptual elevations are included with these applications." (See Applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. Overland Village AZ-08-001 & VAC-08-OOl Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGE OF SEPTEMBER 2, 2008 b. The subject application will, in fact, constitute a vacation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public meeting is required before the City Council on this matter. b. Newspaper notifications published on: February 4, 2008 and February 18, 2008 (Commission); August 18. and 25, 2008 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: July 18, 2008 (Commission); August 8, 2008 (City Council) d. Applicant posted notice on site by: February 19, 2008 (Commission); August 19, 2008 (City Council 6. LAND USE a. Existing Land Use(s): The site is currently vacant except for an ACHD park and ride parking lot on the northern portion of the annexation area. The park and ride lot is proposed to remain. b. Description of Character of Surrounding Area: This property is located on the corner of a highly- trafficked intersection with existing commercial developments on the other three corners of the intersection. There is an existing residence and vacant land to the north of this site and an existing abandoned residence and land to the east of this site. All of the area immediately surrounding this property is zoned commercially. c. Adjacent Land Use and Zoning: North: Rural residential property, zoned C-G South: Commercial property (Silverstone Subdivision), zoned C-C East: Vacant land, zoned C-G West: Commercial property (Dorado Subdivision), zoned C-G d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently a sewer stub from East Overland road to the property line of 3376 E Overland Rd and a manhole located in S Rackham Way. Location of water: There is currently water stubbed off of East Overland road. Two Water connections will be required due to fire flow requirements. Issues or concerns: None. Vegetation: There are no existing trees on the subject property. 3. Floodplain: A portion of this site along the northern boundary of the annexation area is located within the floodway (this area is not included in the concept plan). A large portion of the north half of this site is also located within the 100 year and 500 year floodplains, in flood zones AE and X5, respectively. 4. Canals/Ditches/Itrigation: The Five Mile Creek runs along the north boundary and the Eight Mile Creek runs along the east and north boundaries of this property. A goal of the Comprehensive Plan is for these creeks be protected and improved throughout commercial areas. 5. Hazards: Planning Staff is not aware of any potential hazards on this site. 6. Proposed Zoning: C-G Overland Village AZ-08-001 & VAC-08-001 Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 7. Size of Property: 9.06 acres (annexation area) f. Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the conceptual development plan submitted with this application shows one right-in only driveway access from E. Overland Road, classified as a principal arterial roadway, approximately 262 feet east of the Overland/Eagle intersection where the existing Rackham Way is located. A full-access street is proposed to/from Overland Road approximately 518 feet east of the Overland/Eagle intersection where Rackham Way is proposed to be relocated. No access is proposed or approved to/from Eagle Road. ACHD Staff is supportive of the right-in access to the site from Overland closest to the Overland/Eagle intersection and the relocation of Rackham Way as afull-access street to the site further to the east as proposed (See staff's analysis of proposed streets and access points to the site in Section 10 below.) g. Landscaping: 1. Width of street buffer(s): Per City Code (iTDC Table 11-2B-3), a 35-foot wide landscape street buffer is required adjacent to E. Overland Road and S. Eagle Road, both classified arterial streets and entryway corridors. A 10-foot wide landscape street buffer is required adjacent to S. Rackham Way, a local street. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25-foot wide landscape buffer is required between C-G zoned properties and residential uses. However, there are no residential uses that directly abut the site. 7. COMMENTS MEETING On February 1, 2008, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. However, because this request is only for annexation, comments are for informational purposes only. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Regional (MU-R)." Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub-categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The MU-R category allows for residential densities of 3 to 40 units per acre. This category includes uses such as grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional offices, retaiUgift shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto service stations, department stores, medicaUdental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, daycares, entertainment uses, major employment centers, and clean industry. Per the Comprehensive Plan, a mixed use project shall include a principal use (retail, office, professional, or residential) and at least one other type of land use. Exceptions may be granted from smaller sites on a case by case basis. This site is only proposing one type of use (retalUrestaurant). Because of the size of the site and it's proximity to a very busy intersection, staff does not believe that an additional type of use should be required in this case and that the proposed use of the property is the most appropriate. The applicant is proposing a commercial zone (C-G), which complies with the MU-R land use designation and has submitted a conceptual site plan. Staff fmds that the future commercial use of the Overland Village AZ-08-001 & VAC-08-001 Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 property for retail and restaurant type uses generally conforms to the stated purpose, intent, and standards of the MU-R land use category within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this properly and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." Both Eagle Road and Overland Road are designated principal arterials. On the submitted conceptual site plan, the Applicant is proposing one right-in access point to the site from Overland Road and one full-access point to/from Overland Road where Rackham Way is proposed to be relocated further to the east. ACfID has approved the location of the two proposed access points. No access is proposed or approved to Eagle Road. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Overland Road and Eagle Road are both classified as arterial streets and are designated as entryway corridors to the City. By City Ordinance, a 3S foot wide landscape buffer is required adjacent to Overland Road and Eagle Road. A 10 foot wide buffer is required adjacent to S. Rackham Way, a local street. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application as no development is proposed at this time. Upon development of this site, the Applicant will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to Certificate of Occupancy of buildings proposed on this site. Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Staff believes that the proposed zone, which allows for a variety of commercial and retail uses, does contribute to the variety of uses in this area which include: offices, restaurants, retail stores, coffee shops, etc. • Chapter V, Goal I, Objective A, Action 11 - "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." The Five Mile Creek runs along the north boundary and the Eight Mile Creek runs along the east and north boundaries of this property. Staff is including a provision in the Development Agreement that the applicant protect these creeks as part of the development of this site. Staff would encourage the applicant to improve the area adjacent to the creeks as a development amenity. Overland Village AZ-08-001 & VAC-08-001 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING~TE OF SEPTEMBER 2, 2008 Staff finds that the proposed zoning to C-G is harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on Staff s analysis, other agency/department comments, and any other comments received regarding the appropriateness of zoning this site for retail and restaurant uses. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail stores and restaurants, among other uses, are listed as principal permitted uses in the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: The applicant is requesting annexation and zoning of 9.06 acres from RUT & Rl in Ada County to C-G. Approval of the AZ application would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property and develop the property with retail and restaurant uses in the future. According to current City Code, retail stores and restaurants, among other uses, are principal permitted uses in the proposed C-G zone. The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use - Regional. The applicant is proposing a commercial zone (C-G), which complies with the land use designation for this property. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan and uses with the UDC for the C-G zone, Staff believes that the zoning of this site to C-G is in the best interest of the City. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped 12/20/07, by Jeffrey McAllister, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Conceptual Site Plan: Since the time of application submittal, the applicant has submitted a revised conceptual development plan for this site (prepared by Robert Kubicek, dated 5/28/08, included in Exhibit A) showing how this site will redevelop with one 10,000 square foot multi-tenant building (depicted as "Shops A"), one 14,820 square foot building (depicted as "Major A"), and one 4,000 square foot building (depicted as "Pad C"). A drive-thru window is depicted on each of the buildings; drives thru facilities within 300 feet of each other require separate CUP approval. Parking and access points to the site are also depicted. An existing ACRD park and ride lot is also shown at the northern boundary of the site that is proposed to remain. Staff is generally supportive of the submitted conceptual site plan for this property with the comments stated below. All parking stalls, drive aisles, landscaping, street buffers, sidewalks, lighting, signage, building height and building setbacks for this site should comply with the applicable provisions and dimensional standards set forth in the Unified Development Code for the C-G zone and Design Review criteria listed in UDC 11-3A-19C. Overland Village AZ-08-001 & VAC-08-001 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 Design Standards: Because this site is located adjacent to Eagle and Overland Roads, both entryway corridors, the site and future buildings on the site are required to comply with the design standards listed in UDC 11-3A-19C. An application for Design Review approval shall be submitted with future CUP and/or CZC applications for all buildings on this site. Building Elevations: Conceptual building elevations were submitted with this application (prepared by Robert Kubicek, dated 1/15/08, included in Exhibit A) showing how future buildings on the site may be constructed. As stated above, all future buildings are required to comply with the design standards listed in UDC 11-3A-19. Staff has performed a cursory review of the elevations and find they appear to meet the current design review standards. A detailed review of buildings on this site for compliance with all of the design review standards will occur with future CUP and/or CZC applications for buildings on this site. NOTE: The applicant will be required to comply with the design review standards in affect at the time of CUP and/or CZC submittal. The detailed site plan and building elevations submitted with any CUP and/or CZC/DR application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, and with the requirements of the subject Development Agreement, and the design review requirements of the UDC. Drive-thru Establishments: The concept plan depicts 3 drive-thru windows on this site; one on each of the proposed buildings. Per UDC 11-4-3-11, drive-thru establishments require CUP approval if they are located within 300 feet of an existing residence or residential district or another drive-thru facility. There are also several specific use standards for drive- thru windows that are listed in UDC 11-4-3-11 that the applicant must comply with. The Police Department (see Exhibit B) requests that any and all drive through windows proposed on the site be approved by the Police Department. Because the most efficient way for the PD to review and submit comments on a drive-thru is through the CUP process, Staff is including a provision in the DA that ALL drive-thru windows on the site be approved through the CUP process. Access: Although no development is proposed at this time, the conceptual development plan (attached in Exhibit A.2) shows a 20-foot wide right-in driveway access to the site from E. Overland Road, classified as a principal arterial roadway, approximately 262 feet east of the Overland/Eagle intersection. Afull-access public street is proposed to Overland Road approximately 518 feet east of the Overland/Eagle intersection where Rackham Way is proposed to be relocated. A stub street is shown to the property to the east (owned by Ustick Marketplace) at the northeast part of the site across the Eight Mile Creek. No access points are proposed or approved to/from Eagle Road. The original concept plan submitted with this application depicted aright-in access from Eagle Road at the north end of the site, aright-in/right-out access (in the current location of Rackham Way), afull-access (in the future location of Rackham Way) to Overland Road, and no stub to the property to the east. Since application submittal, the applicant has submitted a revised plan that reduces the amount of access points originally proposed to the site, provides a stub street to the property to the east, and provides an emergency vehicle access to the site from Overland, as detailed above. Staff and ACHD are supportive of the proposed access points to/from the site and stub street to the adjacent property to the east, as depicted on the revised concept plan attached in Exhibit A.2. However, the ACHD report does note that Rackham Way will be restricted to a right-in/right-out onto Overland Road in the future when either a raised median is constructed upon determination by ACRD that a substantial safety hazard exists or on the provision of a connection from Rackham Way to a signalized intersection to the east, whichever occurs first. Since the ACRD staff report was written, discussions have taken place between the Fire Department, Planning Department, and the Overland Village AZ-08-001 & VAC-08-001 Page 9 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARIN~ TE OF SEPTEMBER 2, 2008 applicant regarding emergency access to the site. As a result of these discussions, ACRD has agreed (see letter in Exhibit B) to coordinate with the Meridian Fire Department to ensure that any access restriction devices installed at the intersection of Overland and Rackham allow for emergency vehicles to turn left onto Rackham from Overland. Further, this left-turn access will be maintained at least until a public connection across Eight Mile Creek north of Overland is achieved. Additionally, Planning and ACRD Staff recommend that the applicant construct a public stub street from Rackham Way to the west easement boundary of the Eight Mile Creek as proposed, and road trust with the District for one- half the costs of a bridge crossing of the Eight Mile, to allow for future connectivity to the east and access to the signalized Overland-Silverstone intersection. Note: Jim Kissler the owner of three parcels to the northeast of the site, submitted a letter to ACID stating that (in his opinion) the main access to his property and the Elk's property (south of the interstate) will be primarily from the signalized intersection at Overland and Silverstone. With the stub street mentioned above, the subject property and the property to the north would have access to a full access approach. Any access to Rackham Way (in its current or proposed location) would be secondary, since Rackham is too close to the Eagle/Overland intersection and will eventually be a right-in/right-out access and would require a bridge to cross the confluence area of the Five Mile and Eight Mile Creeks. He feels that money would be better served to get to the signalized intersection, not the right- in/right-out. Special Consideration for Commission & City Council: Staff concurs with Mr. %issler that primary access to the %issler and Elks properties should be provided from the future light at the Silverstone/Overland intersection with secondary access being provided via Rackham Way. The subject property would also be able to use the signalized intersection at Silverstone for access to/from the site; however, it would be more meandering than a direct access and Staff believes that folks would be less likely to use it than if it were more of a direct route to the site. Because the Rackham access will eventually be restricted to aright-in/right--out and the other access closer to the Overland/Eagle intersection is a right-in only, Staff (Planning, Fire, and Police) believes that construction of a bridge across the Eight Mile Creek would be beneficial for the subject property in order for full access to be provided from the signalized intersection east of the site. The Fire Department is especially concerned about providing emergency access to this site if a bridge is not constructed so that full access can be provided from the signalized intersection at Silverstone/Overland ACHD's report states that Rackham will eventually be restricted to right-in/right--out due to a future median. If this happens, the Fire Department will either have to travel past the site to gain access from the north through the %issler/Elks properties or do a "U" turn in the middle of Overland, neither of which is desirable. For this reason, the Fire Department recommends that the project be denied if a permanent left-in access cannot be provided from eastbound Overland Road into the site. Since the ACHD report and Staffs original report was written, the applicant, Fire Department, and Planning Department staff has had several meetings to determine an alternative means of emergency access to the site. As a result, ACHD has agreed to coordinate with the Meridian Fire Department to ensure that any access restriction devices installed in the future at the intersection of Overland and Rackham allow for emergency vehicles to run left onto Rackham from Overland (see letter in Exhibit B). As of the print date of this report, the Fire Department has not submitted a response to the revised plan and letter from ACRD. In addition to the emergency access issue discussed above, Staff has added a Development Agreement provision requiring the applicant to pay for half the cost of the bridge, through Overland Village AZ-08-001 & VAC-08-001 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 a road trust, to provide connection to the undeveloped property to the east for interconnectivity and access to/from the signalized intersection. [Because the property to the east owned by Ustick Marketplace has already been annexed and zoned commercially, it may not be a feasible to require that property owner to pay for half the cost of a bridge unless a preliminary plat or conditional use permit is applied for; plus that property owner will already be burdened with the cost of a bridge across the Five Mile Creek at the north boundary of their property. The Commission/Council may decide to strike the aforementioned provision from the DA.J Waterways: The Five Mile Creek runs along the north boundary and the Eight Mile Creek runs along the east and north boundaries of this property. Per the Comprehensive Plan, these creeks should be improved and protected throughout commercial areas. Staff is including a DA provision for the applicant to protect the creeks during the development process. Staff would encourage the applicant to improve the area adjacent to the creeks as a development amenity. Landscaping: East Overland Road and S. Eagle Road are both classified as arterial streets and entryway corridors into the City; as such, a 35-foot wide landscape buffer is required along Overland & Eagle. South Rackham Way is classified as a local street; as such, a 10- foot wide landscape buffer is required. All landscaping will be required by the City with future CUP/CZC approval and shall be installed prior to issuance of Certificate of Occupancy. Multi-Use Pathway: The proposed pathway network plan contained in the Master Pathways Plan shows a portion of the City's multi-use pathway running along the southern boundary of this site. This pathway should begin at the eastern boundary of the site, near/at the relocated Rackham Way intersection, and continue to the Eagle Road/Overland Road intersection. The applicant should coordinate the enact location of the pathway with the Parks Department. This pathway will be required to be installed prior to the first Certificate of Occupancy on this site. Provide written documentation from the Parks Department with the first CZC application, approving the pathway design and location. Floodplain: A portion of this site along the northern property boundary is located within the floodway. A large portion of the north half of this site is also located within the 100- year and 500-year floodplains, in flood zones AE and X5, respectively. The proposed building locations are within this area. Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. Parking: For commercial uses, off-street parking stalls are currently required at the rate of one space per 500 square feet of gross floor area (iJDC 11-3C-6B). Parking on the site will be reviewed for compliance with UDC standards at the time of CUP and/or CZC approval. Also, no linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island per UDC 11-3B-8C. Development Agreement: UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Because this in only an annexation application with no development proposed at this time, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council believe additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of this property. Overland Village AZ-08-001 & VAC-08-001 Page 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within six months of Council approval to initiate this process. The DA shall include, at minimum, the following: a. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. b. The site and buildings on the site shall comply with all of the design review standards listed in the UDC. A Design Review application shall be submitted with the CUP or CZC application (whichever occurs first) for all future buildings on this site. c. The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, as amended herein, and with the requirements of the subject Development Agreement. Construct a minimum of 2 and a maximum of 4 buildings on this site. No footprint for a single building shall exceed 20,000 square feet. Further, no building shall exceed ~ 4 stories in height, with a maximum height of 65 feet. d. The applicant shall be responsible for all costs associated with sewer and water service installation. e. Any drive-thru establishment proposed on the site shall be subject to Conditional Use Permit approval. f. Direct access to/from this site from Eagle Road shall be prohibited. Access to the site shall be provided from one full access point to/from Overland Road via S. Rackham Way and one right-in access point to the site from Overland Road, as depicted on the conceptual site plan. The Rackham Way access may be limited to right-in/right-out only in the future. g. Prior to the first occupancy permit being granted, a minimum 35-foot wide landscape buffer will be required and shall be constructed along the entire frontage of E. Overland Road and S. Eagle Road, in accordance with UDC 11-3B-7. h. A minimum 10-foot wide landscape buffer will be required and shall be constructed along the entire frontage of S. Rackham Way in accordance with UDC 11-3B-7. Prior to the first occupancy permit being granted, a 10-foot wide multi-use pathway will be required on this property in accordance with the Master Pathways Plan. Said pathway should connect to the Eagle/Overland intersection and the relocated Rackham/Overland intersection, and continue to the east. Exact location of the pathway shall be coordinated with the Parks Department. Provide written documentation from the Parks Department with the first CZC application, approving the pathway design and location. j. If not existing, sidewalks shall be constructed along S. Eagle Road, E. Overland Road and S. Rackham Way. k. .°-R3t -aii~E~EEe~rt~~' Si~ftalii@~-vr'°~rii~A~ ~'ili~@r~i9iiv°--'a^a*c°-"cSc^vZc-wpp~EEicici ^~°~*°a ^~ ~~~° ~^~^. In lieu of providing a stub street from Rackham WaX to Overland Village AZ-08-001 & VAC-08-001 Page 12 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 the west easement boundary of the Eight Mile Creek, the applicant shall be reauired to dedicate property (equal to the area o ' 'pal,°l,_ proposed for a stub street) to ACRD for possible expansion of the park and ride lot if ACRD determines, within 6 months of approval of the DA by City Council that this property will be beneficial to expand the park and ride facility and will be used for those Purposes If ACRD determines that the property is not needed then the applicant has no obligation. The applicant shall submit a letter from ACRD of their fmal determination on this matter within this six month period fsee letter from ACHD attached in Exhibit A 5 for more information)• 1. Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. m. The Five Mile Creek, which runs along the north boundary, and the Eight Mile Creek, which runs along the east and north boundaries of this property shall be protected through the development process, in accordance with the Comprehensive Plan. Improvements along the creeks are encouraged as development amenities. n. The applicant shall work with ACHD to vacate the existing Rackham Way right-of- way and relocate any utilities accordingly. o. The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any new use or change in use of the site. p. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. q. All future construction/uses on this site should comply with the provisions of City Code in effect at the time of submittal. r. In an effort to ensure emergency access to the site the applicant shall be required to complete the following prior to occupancy of any structure on the site: 11 Install a "Do Not Block Intersection" sign with a flashing beacon within the street buffer at the Rackham Wav/Overland Road intersection The flashing beacon will be coordinated with the Overland/Eagle intersection through an Opticom device. and will only flash when activated by emergency service providers. When an additional access is constructed east of Rackham Wav that will also serve this site. the beacon may be removed• and 2) Paint "Keep Clear" on the pavement on Overland Road at the same intersection s. The applicant shall pay a proportionate share of the. cost of construction of a vehicular connection (bridge) across the Five Mile Creek in the amount of 34.141.80 based on the calculations shown in Exhibit A.4. A surety, without a sunset clause. in a form acceptable to the Citv Attorney shall be submitted prior to the first Certificate of Zoning Compliance being issued for the subiect site. t. he applicant shall provide a stub street or drive ai le to the ea on he ubiec pzonertv.~earPad C on the narrow section of the ,iuht Mil ree _ wit in the cross-access range shown on the revised site plan in_Exhibit A.2. A bridge connection over the creek is not reauired to be constructed by the subiect ro rcv owner. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new Overland Village AZ-08-001 & VAC-08-001 Page 13 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (iTDC 11-SB-lA). To ensure that all of the requirements of the Development Agreement as listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building/parking lot construction, and all improvements must be installed prior to occupancy. 2. VAC Application: The applicant is requesting to vacate the existing right-of--way of S. Rackham Way and do a land swap with ACRD to relocate Rackham Way further to the east , as depicted in Exhibit C.2. This location is not only further from the Eagle Road intersection, but it aligns with the access point into Silverstone to the south. Rackham Way currently, and will continue to provide access to the park and ride lot on the north side of this site. Staff is supportive of moving Rackham Way to the east. There are no required UDC findings for vacation applications; ACRD is the lead agency responsible for the official vacation/exchange of the Rackham Way right-of--way. In addition to vacation of Rackham Way, the applicant should vacate any utilities if any permanent structures are proposed to encroach. Staff is in support of this request and is recommending approval of the VAC application as requested by the applicant, as it is in the best interest of the public. b. Staff Recommendation: Staff recommends approval of the subject application A2-08-001 (and VAC-08-001) with the Development Agreement provisions listed in the in Exhibit B of the Staff Report for the hearing date of June 5, 2008. The Meridian Planning & ZO111IIg Commission heard this item (AZ) on February 21, March 20, May 1 & 15, and June 5, 2008. At the public hearing on June 5, 2008 they moved to recommend approval of the subiect AZ request. he Meridian Citv Council heard these items on August 5. September 2. and 23. . and December 2. 2008. At the public hearing on December 2.2008. the Counc" iect AZ and VAC reauest 11. EDITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plan ~ted~5,4?~,~ 11/20/08 3. Conceptual Building Elevations (dated: 1/15/08) 4. Calculations Demonstratin¢ Proportionate Share of Bride 5. Letter from ACRD B. Agency and Department Comments C. Legal Descriptions & Exhibit Maps 1. Annexation and Zoning Boundary 2. Vacation Boundary D. Required Findings from Unified Development Code Overland Village AZ-08-001 & VAC-08-001 Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 A. Drawings 1. Vicinity/Zoning Map G .- -' .. E ga, ' Nt~~St ptE a.4 , Nt~"~St Pt ..- ~ _: f Ik's Pr~~p~rt ti~ I-L `t' ,;~ ~ 3 s 1 w ~ H r~R S `\ ~:~. i a n x rqr- i ~~ :: '^ :.~ i'rc~p~:rtti ,. -~ i` (;-(; ~ -=--- - . a Sitc . , G (. T G G ~ Ig'T t?~lick ti~larke[placa i '~ ~, Pr~~f~ci~l}~ ~ E ~OVERI. l.ND RD - T -~... ~. Q t ~, w ~ ~ 3 2 N j _• ~. tt ~~ \ j . W S , \ YC \ - r. ' N ~ ~~ / s; - I ~ a R a" --_- 1 _ .. _. i~ Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAI• DATE OF SEPTEMBER 2, 2008 2. Conceptual Site Plan ~~~ ^4 11 20 08 1 J~ ~! ;; f ~~ ~~~ ~~~ ~~ ~ ~ - ., ;~ ~ I ~ ~ ~~ p (~({''~ , "+.: L/ 5 ~.~ ~~~ ~~ r~~ ~,~ -_ modus A~4~ O'~oa oa~ G 5 0 ~ ~~~ o ~~~ A7.7 ,~~ c.....~. P110d1lS a~ c'~ ~~~ ~~~ R _ ~~ ,- _ ~ F , _ ~- ~ ~_ _-- ~. ____M. r~ ~~~,~ °~- ~ ~ ~ ~ r-~ ~ ~ ° - ~~ 7. >~~ Exhibit A Page 2 ~ , ~ ~ 3 ~1 ~ 1 ~ I 1 ~ , I ~ , ~ - ~ ~ ~ j I F r ~ ~ , ~ [ ~ CONCEPTUAL SITE PLAN -OPTION 2 CITY OF MERIDIAN PLANNIN• PARTMENT STAFF REPORT FOR THE HEA • DATE OF SEPTEMBER 2, 2008 3. Conceptual Building Elevations (dated: 1/15/08) ,~`~ .' . -- -- _ ~, ~, ~ ~ ~- ~- T ..... ,,,4 ~ t#[ ~~AV~pon 1 1 r, Y .W...........~ ~, -.r rt k ~ ~ l:i ~ r. ~`ed 'G^~+7eeeSfAP~f ya -_ a,~.a. ~. _ __.__.~ ~~ ~~ i ~~ ~~ w ~~ ~' ~~ ~~ Yz ~a ct to - <. Exhibit A Page 3 ~-r n~~~+ai ct .~ ,.~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• TE OF SEPTEMBER 2, 2008 ~tiIartd b'iFl A~E~ ~ and er~esd f Parcel ~u~n , =r c _~e~R r... ^pr e~cres ~~r~t'~y~•nee ~ercess~ "J-~"--~~ __ of .. _,~.~ ._ ____o.____o ci,.s ~1_.a __ __ _ _. . -r'e X51_7 24C~,~tti`a °Yk U~Yd ,-.. ~..p K~'f+1 ~I. ~..'. LQ1"~~... i.l#PO A4i2~SS~:'81n~YtB1' Estted Bridge s~ ~ ~2~y~S~:QO see attarC~ ;- , ~~. r; ~ ~.£~d ~__. ~~ I F..y ~ A _.., .,. _rY ,.... _. _.. ...,._..>.. . '~ ~ .. ._. i ......_. ~ ~ 4 ~ . : g . ,ats ,. _v R Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 ~~ ~ ~ ,»{~ ~~ ~ ~~, ~sttt'l;, ~ I~~Fr~t2Jl l~~i~ 1-1;~tt~w ~'~.~ r 1.~ ~v~~1~rt~Y ~ilEa~~ -- 5. B1Ir~~r~t~ne u~ry ~M~P' t~1it~ G~lc Crsin~ ~pi~a®rt ®#' r~b~~ale ~t Der J~~, F~1 fintt the ~tt~h~ci O~irs~an ~F #~r~b~t~l~ ~p~t {i~~ ~r the ~: ~ilwr~t~ ~~~ Fi~~ 1*r913~ irk hrid~~ ~ra~sirpg e~rp~r~~rtt c~i'th~ O~~rl~r~i tfili~,~ qr~~~t I~t~d ~ tE~e hid ~~ a~# t~+rt~rad ~n ~~1 ~~d~. ~'h~ t~t~! ~ fear the ~rsn~ tl~ta'ta~tiCtfl i~ ~a26,~5~.,C3~1, hl~h lCi~lu+~~ d~ir~ grid 1 ~~e r~Srta~t~a~r rttit~~nr. `Chi ~P ~ ~r~Prl in r~frn t~s tls~ ~~n~~ptr~~l ~it€~ Ial~r~ ~,~ EC -~.~ by Mdtr~ ~r~hitta~a~ {1 ~-2~1- ~~~: ' sp'~al~~ nth T~~raca Tft~rrrn ~h~ pr~vieid tai Asa the "~, r~ ~ r,::'ra~trc~aa rrf ~'ltar~:~a~~ ~Ittte~ O~rti3r;~:~~~+~~ rst~7H:t fi~al'~ ~`~~~,~ ~~7r~ ~~~~ ~S~ ~r~,~r±.~" dry fled ~itady a~ pr~p~rl b~ T9ttiRi~t~ ~si~~i`9 _~~~ur~, ~r~d ~ttditi~a~a~f t<~~rr~.~~,~i,~~n~,~ h t~g,~i~ F~aJ~tti tl pity t ~Ir~li~r~: lrt ~~rnm, ~rllr,r~~rir~~n~, t~ tlt~ er~s~ rn 1Gra~!~~da~y: ~ d~t~i,iiirr~~ °.°µiiiih the ~Id ~tua~~ ~~ sr~~ar~a~ ~~ °I'~~th~~t~ Ort~~>r~. _~~~ nit aa~~ur ~~ the Oit}~ d~=~r~~ the r~_.~ili ~.°tr~rrld hs~~ ~ rr~ti i+~p~t ~a~ the b~~ tld ~3~~e~,:~t ,,~ ~ ~f., .l ~~rn ~f O~erlr~d ~r~ad.. fh~~ ~ I:~i,1c~e stru~ttar~ t~~d 6 rr~aar~d tee ~~~c~r~rn2~t~ the ~~(-, ~ ~~ ~r~~~sra~ ~ Fi~r~ ~~~ rr~~k ~t rr,;~ I~;:ti~srt. Ear tl~ I,~;r~~~~~,=. ~rl ~1~~ ~rp~r~tl~rt, ~ ,~ hr ~g~ s~r~ettsr~ t~ ~~~ .._ . - ~ ~fy ~~+~ r.~ h~~~ ~ ~c~rt~-~i~~rt ~ca~~t ~r~ith t ~F~-fear~t ~trt ~~~trr ~ ~m# ..t ei~ ~a~~~~~ ~~ ~€~iliiiq ~rrd ~ ~ixi~, f~~t ~p~ra ~~ °h~s~~n ~r~ ~`:~~h~ad' ~I~~~tw .: ~~-1. Thy ~tr+~~fi~r~ 3~It ._. ~ - r -~_~-~~d~i-~ ssrt~i~ ca~thr°'~~ ~.~t std Miff I~t~ w~~n~~~C~ ~~~ i x ti~n~ c~ri~nt~st in p~ara?'~I ~~ ~~~67r~'~~ t~i~ r~ry~air: ~~~rr, Thy prall~l s#ru~_t~~i u~ _~rr~nt~icn ~+r~s -~-.:r .3~ilk~di~~ser~+~ritb,~~~NG ,~r-r,~~;1•~~ulhf~arth~rdi~~~~~d~ri~rt~~rsc~~b~~~tr:~l~ut+e~t~ E~~ilirsg ~ _,~;~~ :;, ~ <lt ~~tf~rat trw_:~r~~€>r.~ mould ~f b~ r~r~~ir grad Bald' rrd fi~ i;~ ° ~~~Irau~:~~ +srith t#r~ ~;;i ~ ?n ~t it~~. ~trrar~r~. T1'a~ p~re~~ca~~ ~ ~u~-t~r~ mill t~~d t~ b €l~ ~ ~.~6~~ t~ r~,;~~t ~O~D`~ ~r~rr~rrt c,_ _ ~. ~ ._~.3i`~~r~~a n~]ilr~~ the ~tr~~tt, -,..: ~ ,mr~t, h~d~+alts, ~ir~ ~~~:..d, ~rrd i~ilir~ irt~ itart~n -, i~ pl~rr~~~> t~ ~e ~ ~~a1~li~ ~tr~~t: +R~t~ that dif~ ~r,-~i Tii~l t,~'y d~l'in~ ~n ~GC~E ~~ti~rt ~0 ~rrmlttia~ rtt~~ r~rr~~l t~ i"u~ ~,~r elr=frr,=~ .~°,:i~„a -„ ;;,,r?firtn the ~~Iati~n~ ~9n~~~ h~r~i~ 1~3+~~~e I~. rii+~ krsG~~4~r, if ~c~u ly ~rtp gt~ti~ra~ ear catrld tike tea di~cr~~ Q ~Ptr~i~rr ~f Pa~~bl~ t sr i~at~hr I ~.~ Y~~ ~~n r~~ch m~ ~0~.~ ~~4. irsr~+ t~ ~ i. _ ~, ~r~-~i,~~. ~ ~'. ~~_ - _ ~ ~ Exhibit B ~r ~` i, Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 ";"~" . ~` .~j ;~ =. j ~~ }Y ~1f~'I~~3~ `44~`I~r~C,~ ~r~ir°n~~~r~ ~p~r~~~n ~f ~r~b~b~ ~~~t ~iv~r~tcr~~ ~y - Fi~r~ rte fir. Gr~~~w~ ra~k~~ar~ i~'al, tnc. '~ 8~a46 . ~~tt~rk t~ lero~~~.. Iwl~~ ~~~~~ ~0~,~~'~.34 ~~roi~i~r~ ~f P'r~a~~k~~ Est ~ arse il~t~t~art~ Vli~y - F6~fa ~ti~~ fir. ~r #nB ~~~~~~~ ~~~„~~ ~~~Y u~fa e~Y ~6~n~aunt ., B0K3~I~fY~YtEH9r-S3B~ tiiVi~fk ~- ~"*`-' ty"rt"Y"'; t ~~ ~ 5,5~.it~ 5 3;56i&.00 ~, v', ~f~~Im~'la~antatzs, " L~ ~ S,~dd 5 S,6i8$..05 a~.'~'~9PPFr~Pti§~u:*~,:,;;ra~~~~ ~~1 I~ S N.16.A ~ t:!€3~,Q0 ®, fi~t1~~~fsas~~is~~egirfc~.fs>aYd®~~fi} Y~ L~ $ 3.3dtQ.~ ~ S<~;G.C~r~ i. d~dt+}mu4~~6u:ltsf~ f b~ ~ 5, ~ 3,~.!*..r~~_~ S Eld9i1~~ - Fi QfBi..'4#k Ct~sizitt9 S. >!•~¢ ~f~al_9t oar.. _ i ~azY€~Y~~ tf1 ~v~rstll~3 m' 9~~q ~~ a 96@.RfA 5 3°15,~61~S.6kik ~3&d~3cAta1 ~ 69~,, T~rt51 S s ~:; S ~~ign nb~in - . ~ star _ : t '~~ ~$; 1~:.~J7.t~ 4C ~ ac~.rfn -~,.:- f?." ~.. rq'a . j. ~~ S~~t : < , :., ~ ,. r ~ ~ _~ _ _ u;:. ~ _ -::td ~, -. U' «.._ _, £ Ada ,: i( _.. ~aL.f:n ~f -~ r -.i; .., . ~ ~. t -il' .. M : a -- ~ _. t~ f ~ 1.5 'i C~ 6.. i~.t 3~ SF$^ 1, 3 _ _ ..1 c a i t. .., vs'g2 ~{ " Exhibit B i4 +~~: 1 ~ 1 I ~' F i I ', ~F 1 ~ i. Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 ~ ~~~~a~ ~~I~ I ~, '~, : ~ ~~. ~~ l `~ 3~~_. ~~ ~, ~~ ;;- ' ~ _~. ~ ~ ~ tee:: ~ af. ~~ ~a~sr~ I~ ~ t~ ~l;<'~~ ~ar~ ~_. ~._._ ~ ..,t.:~. _ . , m Exhibit B Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 January 22, 2009 Sonya Wafters City of Meridian Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, ID 83642 RE: Overland Village Development Agreement Dear Sonya, Thank you for coordinating efforts between the City, Applicant, and the Ada County Highway District (ACRD) on City requirements for the rezone and development application for Overland Village. ACRD was asked to provide written comment on two issues, the possible expansion of the Rackham Road Park & Ride lot, and signage/safety features for emergency access into the site on Overland Road at the relocated Rackham Road. 1. Park & Ride Lot -ACRD has considered the need for possible expansion andlor improvement of this lot. At this time there are no detailed plans. The Council direction was to determine if the applicant should add pavement to expand the lot where the original stub street was planned (to the southeast of the existing lot). Because of the timing associated with this agreement, I recommend that the City's agreement state that the applicant be required to provide property for possible expansion of the lot. The size of the property should be equal to that of the original stub street, as I believe that was the intent from the Council discussion. Within six (6) months of the agreement with the City, ACRD and the Applicant should work together to determine if that property will be beneficial to the Park & Ride facility. If ACRD determines that the property is not needed, then the applicant has no obligation. Further, the improved Rackham Road will include on-street parking. In the area of the Park & Ride lot, this on-street parking may be utilized by the lot users. Unless determined by ACRD, parking on this street should not be restricted based on maximum lengths of time (i.e. 2 hour max parking) or for a particular use. This would not preclude Park & Ride lot users from parking on the street if necessary. 2. Rackham Road entrance -Because the Idaho Transportation Department denied the Applicant a temporary access on to Eagle Road (SH-55), much time was spent developing alternatives to satisfy the Meridian Fire Department's concern about emergency access into the site. ACRD will allow the following improvements to be installed in coordination with, but at no cost to ACRD. a. The applicant may install asign - DO NOT BLOCK INTERSECTION -east of Rackham Road. b. The applicant may install a flashing beacon in coordination with the DO NOT BLOCK INTERSECTION sign. The beacon will be coordinated with the Overland/Eagle intersection through an Opticom device, and will only flash when activated by emergency service providers. This will be the first application of this type in Ada County. ACRD reserves the right to modify or eliminate the beacons if necessary; and in that event will work with emergency service providers to develop other alternatives. When an additional access is constructed east of Rackham Road that will also serve this site, the beacons may be removed. Exhibit B Page 5 CITY OF MERIDIAN PLANNING DE~ TMENT STAFF REPORT FOR THE HEARIN • TE OF SEPTEMBER 2, 2008 c. The applicant may utilize pavement markings/paint on Overland Road for KEEP CLEAR. Additionally, I would encourage the Applicant and the City of Meridian to continue to work with TTD and FHWA (Federal Highways Administration) to obtain an emergency access on Eagle Road. Such an access would eliminate the need for special applications on Overland Road at Rackham Road. This parcel has unique features that should be considered, and emergency access only would not impede operations on Eagle Road. Sincerely, Christy Little Program Administrator Right-of--Way & Development Services (208)387-6144 cc: Tamara Thompson, Landmark Development Exhibit B Page 6 • CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 B. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description submitted with the annexation application (stamped 12/20/07, by Jeffrey McAllister, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and should meet the requirements of the Idaho State Tax Commission. 1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of the City Council approval to complete this process. The DA shall, at minimum, incorporate the provisions noted in Section 10, Development Agreement, of the staff report. 1.3 The City consents to the proposed vacation and exchange of the Rackham Way right-of--way (VAC-08-001). The applicant shall coordinate the vacation with the Ada County Highway District. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Overland Road. The applicant shall install mains to and through this subdivision. The applicant shall coordinate main size and routing with the Public Works Department and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E Overland Road. The applicant shall be responsible to install water connections. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association Exhibit B Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN • TE OF SEPTEMBER 2, 2008 (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. Z.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.17 The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the buildings footings are at least 1-foot above. 2.18 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. Commercial Projects 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. Exhibit B Page 8 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARIN ~ TE OF SEPTEMBER 2, 2008 3. MERIDIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.4 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.12 There shall be a fire hydrant within 100' of all fire department connections. 3.13 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. Exhibit B Page 9 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARIN~ TE OF SEPTEMBER 2, 2008 3.14 The proposed right-in driveway where the current Rackham Way is located will be required to be 20' wide with a 28' inside radius and a 48' outside radius. 3.15 The Fire Department strongly recommends that development of this property be conditioned on Rackham Way being and remaining aright-in/right-out, left-in access to the site, unless a bridge is constructed across the Eight Mile Creek and access is provided from the east to the site from the future signalized intersection at Overland/Silverstone. Further, the Fire Department is not supportive of a left-out access from the site to Overland because of the traffic hazard it would presumably create. If a median is constructed in Overland, the only way that Meridian fire units have of accessing the site from the west is thru the Silverstone development south of the site by first turning onto E. Goldstone to S. Silverstone Way to be able to enter the project from the east by going westbound on Overland. If a permanent left-in access cannot .be provided from eastbound Overland Road into the site, it is recommended that the project be denied. (See letter from ACHD dated May 30, 2008, below) 4. MERIDIAN POLICE DEPARTMENT 4.1 The Police Department requests that any and all drive through windows proposed on the site be approved by the Police Department. 4.2 The Police Department supports limiting access points to Overland Road. 4.3 The Police Department recommends that the applicant construct a road across the Eight Mile Creek to provide connectivity to the property to the east. 5. SANITARY SERVICES COMPANY 5.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 5.2 Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 5.3 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 6. MERIDIAN PARKS DEPARTMENT 6.1 The Parks Department did not submit comments on this application. 7. IDAHO TRANSPORTATION DEPARTMENT 7.1 All access for this development should be from Overland Road with no direct ingress or egress from Eagle Road. Any access on Eagle Road at this location is not permitted as this is a full control of access section of highway. Any work (landscaping, noise abatement, etc.) within the Eagle Road right-of--way will require a permit from ITD. 8. ADA COUNTY HIGHWAY DISTRICT 8.1 Site Specific Conditions of Approval 8.1.1 Comply with requirements of ITI) and City of Meridian for the Eagle Road (SH-55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. 8.1.2 Make application for the vacation and exchange ofright-of--way to realign the south portion of Rackham Way as proposed. If approved: a. Design and reconstruct Rackham Way so that it aligns with the private drive from Silverstone Subdivision on Overland Road. Exhibit B Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN • TE OF SEPTEMBER 2, 2008 b. Construct the portion of Rackham Way running through the site as a 36-foot street section at its intersection with Overland Road tapering back to a 29-foot street section with vertical curb, gutter, and 5-foot attached sidewalk on both sides within 40-feet ofright-of--way. Install no parking signs on both sides of the street. 8.1.3 Construct aright-in only driveway where Rackham Way is currently located. Construct the driveway to be as narrow as the Meridian Fire Department will allow (preferably 14-feet), and install DO NOT ENTER signs on both sides of its north end. 8.1.4 Pay a road trust deposit sufficient to cover the cost of installing a six inch raised median to restrict the realigned Rackham Way to right-in/right-out in the future. Rackham Way will be restricted to right-in/right-out either on a determination by ACRD staff of a substantial safety issue, or on the provision of a connection from Rackham Way to a signalized intersection to the east, whichever occurs first. (See letter from ACHD dated May 30, 2008, below) 8.1.5 Dedicate additional right-of--way along Overland to achieve a total of 60-feet from centerline abutting the site and approximately 78-feet from centerline near the intersection of Eagle Road. 'The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 8.1.6 Construct four driveways and one drive-through entrance on Rackham Way, no wider than 36- feet with minimum 15-foot curb return radii. The driveways shall be no closer than 100-feet from the intersection of Overland Road (near-edge to near-edge). 8.1.7 Construct a stub street from Rackham Way to the west easement boundary of Eight Mile Creek, as a 29-foot street section with vertical curb, gutter, and 5-foot attached concrete sidewalk on both sides, all inside 40-feet ofright-of--way. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 8.1.8 Direct lot access to Eagle and Overland Roads other than what is specifically approved in this application is prohibited and shall be noted on the final plat if the parcel is subdivided in the future. 8.1.9 Overland Road is subject to 5 year pavement cut moratorium until October 2010. No pavement cuts are allowed unless specifically approved in writing by the District Pavement Cut Committee. 8.1.10 Comply with all Standard Conditions of Approval. 8.2 Standard Conditions of Approval 8.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 8.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 8.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 8.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 8.2.5 Comply with the District's Tree Planter Width Interim Policy. Exhibit B Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING. OF SEPTEMBER 2, 2008 8.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 8.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 8.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 ~: , ~~°.:~~ c~I .~. r ~ t: F'r~ man 5a? t~, ;-~ = c, t'r ~#~r Vii. k~*emr~~Strt; ~ _ smar'~~ss iR~t~~ 4. ~0' Tes: ~~ ~i~r~ I~~~utb~ C~si~f, Merid~l Eire 1~~~rtm~nt ;~ E. ~*~nt~€an R~~d P~1~r;d~r,, I~J~hr~ I§~ ~~,taj~c~~ R~stri~.t;=~~ ssa ~~eh ~~~ ass manta 0~~~~~ R~ Oe~.~~ral i~, ~~I, the ~~ia ~~rue~t;~ I-ii~h~~~ C~ist~i~t g:~GF~G~` "~ r+r_~"dn -~tsd «~r*a P~1~~-0€1'~ f~€~~ ~nn~as~ti~ ~~~ =~e ~ ~,_~~~~:~ mt~[~..`r? ~er~ ~lth~ nor. s,~*. e~_~n~r ~f E,~~~ ~n~ O~~I~n ~~~s rtp€~ ~urR~s~ ~m~~e~ei~il dea~l~{~n:. R~~~t~~n~ e~~`~; ~ ~~_ Elie str~~t une~~rth~ j~s~is~i,~~~r~ ~f r~C~ID, is ~~lj~e~nk t~ ~~ ~r~p~rti~s that sage in~~l~saed ~n the ~~~I®~~sent ~p~li~ti~in: rss ~ r~~u(t ~f'i~is tr„ s~~r~r~l si":~ ~p~ci' ~t~d-t ;a;~ts ~f ~pPr~a°~~ai in.~~~~`'~'il ~~dg~-i~m +~~'•~~ ~a~~r~ P~~i~di u~~n the ~lie~nt ~~. thr~ O~~nmassi~n. ~"~ ~~ a~~i`<e e~n~i~un -~+~~sir~d: ltr~ ~~~nt t~, '°~~a ,~ ra~ad Cru+st ~~p~sit suff~~~t ~ ~~~r ~ sy rf i,-~s+.a lii-~ ~ six ir~eh -~ ~~~:" m~a`E~n t~: r~str~^~t h~ r~~li~n~~i Fi'~h:~~r= ~~ ~ r~~+h~t-ir~~'ri~ht-~~ in ~,e R_~t~r~_ t~~~~h, '~~~ «~ill ~i~~d t~ rigit- ine'rt-ea~~t ~ith~r ~n ~ -~~*~~rYr€n~ti~n ~~ A:F~D st3f= i~f ~ suLs~.~nl s~f~`~~~ issue, ~r ~n titer ~isi~n ~` ~ e~ne~e~t~rr f+~~5 Fea~kh~n ~ ~.~ ~ ~ °~ ~ si~ryrs~i'I i~-rt~rs~~h~r~ ~ tI~ mast. a+hi~I€~~e+r a~uTs fiat.° Thy ~~~~i+~ian i=re 4~g~ar3rr'~nt ~,~s s-gin ira~ t~~': ~t~ :~,GF~C~ staff that, until stash tir~r,~ ~s there is rsneei'sa~n ~etvaeen a?~~m ~~'~'~~ a~nsass E<~h~t ~il+s ~ree~ t~ tF!e O~srl~n~I-~i'~iaerst~~e in~r~eeti~en, a l~fi:-in ~~~~s fr~s€ 30t~r?,~~s~ ~,~~ ~~s~e~u~d' tea F~~~ha='~~:~~ nvrt~b~u~~ ~s ~ss~rI tta ~=~fi~rg a~~te eme€Cn ~r~~:es to Ali pra~ties amassed ~i~ P'~r.~h~~~ `s~.~}. a Jar t~ ensure ,'~de~uate emer~en~r res~nsg t® this ~r~~..~OF±-d sG~~f a~n€; n~ir~~i~ ~,+ii the I . n Fri e~artmen. trs errsur~ that ~?-r ~ ~~ strU~ti~n ~e~es ~~ ~~ ~s$tal~s~ at the ~ : _ _ _ .t ~. r etf Ow~r~nd ~~a;~ ,~n~ Rackha 'a~Fa~ ~rilf a11~~. fe+r eme~en~~ F aES t~ turn le€t nt~+ ,_ < -rani ~~°~^ a_~~ from ~3~~erl~n~I Rv ~~u~ as ~ 3Fa tee. ~r ~ 3n~ua~table mesl a..'.. 7[-,is €~ft turn mss r~~ II t ~ ~ ai r~~d; it ~~ ~y least asnti ~ ~u~ali~ ~r~neeti~n ~~r~ss E~rit P~!1i[e Or~ee~ r~~-t'r cif O~erl~n:d: ~~~~ is _~ ra^~ ae:r~ q;uesti~+~s~ ~zle3se feel free t~ e~nta~ :meat ~~~~~ ~ii3-~9br. `t i - fi ~~: ~'I.~r~ -~ . ^ it ~.° a°~:-~'~3~ ~n~ de~~Ri~ptB~rwis 1 ~ . F'n~j~t f ,~nn~ ~anrtir~~, ~lersii.~r4 ~iittA~ Eiarte~in~ t~~~ren ,3r~hn ~ g'~ss~n. r`~0~=ilrr Trsff~e '•s~r Tamara Th~s~r~,p_rt, Lan~m~r ~e~el~p€,~rtt ~r~u~r Exhibit C Page 1 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 C. Legal Descriptions & Exhibit Maps 1. Annexation and Zoning Boundary TflBilT11V~1,C~T-~~T~ ~P+tCIF~t~P+iC ~A~TP'AN'Y e°ot:rstaa ~n~ta~, ~tdlae~ttr~t#s ~t; ~r~x ~~a~~t®€b erata~e~«~e~ ~Ca~~E, ICJR~ECi ~3'74~~fN7~ d~=3I~A..~~~6 FJaA~Q$4-3o3-;~3 ttose~!~~+r~r_o<t~am lyrcalect X53; ~ 1 l.?atL: Dec r l~, ~QO`~ l~`~~e; ~ 42~~ Aexmtion Desczaption .t~ pascct eil'lae-d,lca~ted iu the S€euthv~'est Qtaarter of Seetitott 1 ~, `l"ar~ttshi~r 3'drarth, Mange ~ b~ Boise Meri~ittr~, A.dts Cctunt±, ldah®3 dsritred as fc~llca; 13G~~1`wi ~~ at the ecarsaer t;rtttatnc~at tc~ stiotzs 1&, t ~, ^~0 d 21, frcatgt which the quarter corm worn tea Se~ticr~ 16 d 21 kt^s ~ $S~'~'S~"E., ~bb~.(P7 fe~ti thence, along tiae ~'4~ ~ lip of :mid Stir~xa l b, l~ ~I.gQw4~'2~'°'tT~., ~10,1~ feet; thczaez~, ~} t~.°1~g3~"E., ~33.~1 feet to a point ~-~ the westerly tine :acttl~tatxt '4Vay; tt~.enee, attat~g tho tic~rtheterrly attd e~sterij=tine of an I.g i ~2 acrre tt ~t° lid cort~eyed tct the A Ctatanty k#:i~hwe+ay l~i~trict ~ Instrement ado. 1 C~ t 033, the fc~llo~r~in~ course; ~~ S.SI°~b~'4t.x°.b.7 ~~~.~52 fet"ta thcnce, ~~ S.QO°24`46g'~~d., ! 4Q. F ®feet tca the xtorthr~eett cornet' of l~at'cel II of Deed ltn.t$rt+~ttt o. t~6~~t?l~Q; them, ato~xg flee ~ortherty lip cafid t'et`ca~1 l:[ cxtd tYie ?Vc~a'therl~~ icoe of Pare~el l of .said lcl Ird~~lataent I~e~, t QtrQS6 t ~€Q, .~~ 5,~~~51'S~".r ~~1.3tt feet tc~ an ante in the ~a arty tine ol`said t'~rctrt 1, them, atoxtg Ibt: na~rthe~xt>v~y tine a~t'sairt Rrttc.et 1, Fib S.t~~~~'dl"~.9 45~.~~t feet tst the ~o~ riglaty~t~~~:~y tiu~e ~t' t3~~~rtan~t lead; thttscc, '~ S.Ai}°~~78{Ifr"'1t,'.z 48.QCb ft;•.ct to the Srsuttt liaxc c~fid Sectirrtq t~; thence, atvtag mid Sc~tYth line, ~~ t~.t1~~22'S4".., $'QQ.~ fit t~ the P~Z' ~~ Bi~e'~YIISF.{~.1t1~~B. CCl`>V'I'A1~~11~_ ~3.t)6 .acts, rnc+re err less. .See attached )Fa~kiahit "B'"-Atttaexatiota Map, wldLh is It~~aebv made a parrt of this destrptxan. `They de4~riprio~t ivw°?~3a.::i f~e~rt ei~e~ at'ifoB7n~ii®~ tad i~ a~tat the re~uft taf a eter~ey erta~le eta ~e ~tcaartd b~~ 'T'~~[Ivn~¢-t~rt~n ~ :-~ : r°- ~ sta. 'his cscs3~rti®ta i~ saabjectte eti~e at ~u~la tsan~ es ,~ ~urar~} is att~de nt ~ ;hc ~m.,uT~u. Tr ~~r - -s,~~~ - tg3tt~rsm; Co. as~ntnes ne liebsiity its a~etat~~. ':g ~~i tiff an: €tA es~t f~ia~ tai c--'~;: H:~7~t2't~rt=~t~s~UR,'&'EY°s':xfi,0.> P~23.di C}t~E • fi~°C;~FigR c3'r1I.E[`+d1~ a C~4LD~ Exhibit C Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 m e m a I«iA .dbYNL#A7tON 9~UHiM~Y - r+nReet eaua4asr $ ,.......,.-„ ,».,....,_ _ . N.O.W. OR A9JOiYt7t ..._ • ..........- . - . - SEO180AtAL LIAR CI AftS,S.E PQEVi n ~ OE IAIC~~ 18 26 21 I ~ J s~'~ A PdR110N OE THE $• SW fj4, SECTION f6, 1 °''F Tdt4~N5HIF' 3 NORTH, RANGE 1 EAST, B,M. ~ ( ADA COUNTY, IDAHO ~®a •e~,. 1 4S #+ 1 tl ~ nC,a ~bu~uK ~ H~TS4AY DI57~f DEEP RdSif$RAENP ~ R tom. 10Si0:i403 I O I 9 a~ ~ \ s~°' " ~~ <n r ~ k ~ . E ~ jv ~ a ~~-•~• ~ ~ f [ ~ ` 1 1 i i ~ , ~ i ~~ `i 1 S I ` ~ ~ F ~ 'Fr. , ~ ~ 5191~i77M2i I Oe ` 9 ~ [1 BHT NQ~ IJ~ S9Atfii~6S0.9 ~ PAt~.BL ~~ E 19140 ] i S199Bi384B3 ~ ~ ~ 4 4EF:R PD~SfR30EFN1' tom. ` PANCEt i ~'y, 6 ~ 94$458i~ t ilA"fA N9. 1 148058740 .. . . 3 75 i5C1 3041 450 t1NE TA9LE LINE 6JkRWG LECSGTN ~a 1Q; s3.6i L2 q' 946.16 L3 896'37'08 48.99 t8 21 TOOTHI~dAI~T-ORTON ENGII+IEERIIiTG CO. EPFGIMEE:RS ~URVk'~'D~2`a • PIA.N~EiiS 9777 CHIND>rN 90ULEVA~D f311075I. IDAHO 83714-2008 PE~41NE 208--323-228 FAX: 208-323-2398 ~-~:~~eaalze,~~-aar ~ar~:ia/aa/ar ~:crzla ~-soo Exhibit C Page 3 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 2. Vacation Boundary 'I (~[~'l~"R~i~iN•flR°I'Q1V ~1ri1slN~flt.I~+tC~ C~)I~PAz~+11~ eexa~sr.rte~rrt+.~a arvcrtr, ~vavc~t~ a.;~ p~ ~aa~ ~ r ir~E`r~ v ~~ i.,~ ~+,+qp,~ e~ao~476aea~~es€u.c.~ea Pr~ect lea: 0~21~ l~atc: i]~cca,~zb~r t ~, 20C}7 Pac: 1 ~ fl~7~i`~ ~~~a 'rl'acatiten I~escriptiraaa- A Pssttitrn ct S. R$c~ VG'av vasiablrr avcltla porticn of right-Q~ ~~ay, lt>tcd in tlr+e ~utrtltr~'est titaarter of 16, To~wnsb5p 3 ~lcarth, gc 1 Wit, f~ofse ~fericli, Ada t~c~unk~, ids ~d hewing a pcartion eaf a l .8 fl 3~" acre gel of la,ad ara~ei~~~1 acs the Ada Gocrnt~ Highway 1~i~triet by ~t It3stt`tuuet'itNn. la~ltt3~03~ descrihed olltar~.r; C~NIIN~CIN~ at she ~nier ~c~m~trn tea Sccti~a~s 1 ~, 1;', ~4 and 21, fr€rrn v~hich the q corner c~snntr. tct cctiter It* and. 2fl ~ ~.89"2Z'~~"k., ~~rbS.tl`~ fit; thence, alrang the 5otath line of said Sectia~n I Ei, A~ .'~`~"F., 22.42 fr;ct~ the-nee, B~ N,t1Gi~37~ 1 ~i°'1., ei~.0il feet tea a paint can the ne}rtherly ri~6t-gal=~= al`~vc:rld Rnedj anmrlsi the 1~€)INT C~T+ ~t~Gd111~t:, said being the Sacstheast earner taf said 1.81 ~2 sere parcel e~f land; theaice, aiang said ncare>1'1}° right-rtrf-ray lip, l } N.B~°2.2T54"Vfr~., 6l~.OQ let tea the Sc~#hrvt c.ararcr rafsaid 1,812 sere pall thence, mlean~ rise rtxesteriy line afraid 1>$1~Z acre peel tree fallpa~virag ~eaurs~ and dist~tces: 2;j ~.~4'25"~V., 23~F.Ot1 tt+ the be ' g of ~ went ~wve; thetac~, y Nc~h~s~~~icrl~ altia mid curve to the left, hang a radius of 2°~1,Sb feet; a~ lectgth ®i° 1~~.(~i feet, thrcrarglr a central ata~le rxf~42a4~0't1~", and a latag chard tflaat bears 1'~T.21 ~49'2a"'94~.,194.~4 f+eeG to tflZe br~gin~~;~ of a taar~ent Wirer theses, ~~ ltil'r~t`ths~reisterly alerta~ said Carr+e tcb flee right, l~.ving a radices eel' 3{1~.!~~ t`e~t, sate 1en~ttr erf222.7~ feet, tbrcaugh a ce~rittal an~1e ~f~11°S~'S3", and a icatt~ chard titres beau P-I.21°S~'S8°'~., 212.81 fit; t1xc, leaving mid r~csterly line* 5~ V.89®IQ'S3"~.., 9,i3Q fit tea rite ba~~isire~ refs Herat-tnngetrt curve, thence, 6~ Srreathe~tly alcraig said eurve ~ tlae left, havira~ ~ c'adua aaf 2.~~.95 feet, an teams of 21 ti.13 fca, tleresu u ceattral angle ~f 41 g5~°36", and a Itrrrg elt~rrtl rhea bears 5..21°~~'0?"Is., 21 l,~b fc~t the cg ert"a tari~ent curve, then, ~~ Sa errs a1crng said curve to ties left, h€avin~ ~ rarflitas c>f 2fl Ei.3& feet, an arc leta~tla ~£ 1 IS, i ~::, '~ xctu~h ~ etraJ aaagle of ~Qa42'47", and long cliorrd that bears 558'10°~€~"flv., 113,60 Ii:~t; thiuc~:, S~ 5.~~®32' 12"1., 2.0~ feet ter the be~etsnitcg crf a nan~taragent curve; tla~~rtcc, 9~ Sarutiteasterly alcng mid crra~a ttr th:; tip, having a radius ~rf 3~ i.~6 fret: era, etc lcra8th taf 128.4 #e;ct, threiugh a ceaatt~l. aaBle eaf 22~ f2' fl ~", aazd a lean8 chard that bears >,I1°55`2"'E,, 127.6 fex~a; thence, ala~g a Iitte tattgec~i f~tn said e:rrrrPe;t 10~ 5.00~49'25'~'., 2~v.51 fit to rule ~+t~f~'T U1~ fl~k~~1I1"'~TG. H`.%~P32r?`.4'a'~fiCes~rrR\/~l'"t~xlsh-r&.Q~.'dt. t'r•~~q I ~ ~.i~^ ~~~ ~ ~ra~~R ~°.~L~~r • ~~,araa~r~I:LL Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING~TE OF SEPTEMBER 2, 2008 1'~~I'r'-i~I11 F.lg IINi~ ~DIVi~'~LN"Y F'~tajc~ct I~~a: £I'~~P I~~tt;: ~]et:vistb~~ I ~. ~~}i:F? C:fll~ I°All~tt~i~: I}.~8 ata~~s Qr 25,x.5$ ~clas f~c,t, ray ®r Iess. ~~~ E~tl~bt ~~~94_R.O.~'. ~F~c~ta~~z Map, ~e~ I~~ry ~~~ a ~ ~f Ids r~~:~~~it€s~i. `Iis d~~cziptaaes ~ gz~p tr~,rz+ cie~~ pez~c~rcaantivta ~d is swat r+es~a gf ss 4sss~we~ saaade eaa ~e gr~saaas~ by'~e~athm~m-t~rt~x fugirs~ra~ +Gts. '~hi~ despfii~~ a~ ~ta~rj~~i icy cla~a°i~e at ffi~ct~ time a~ ~ ~arv~sy~ z~ t~€a~~ sse rSae ~ruaad. Tt~tt~tas<svOrtsa~s Estgin~s'sas~ Via. ~.~,~ume~ sso liability i~r it.~ as~dcrecy> '~„yi tl~c~ri 'saes i~ asst fcsr recardies~. _. ~ ~.~~ r~~~" ~'S~1~s 1r~~~R~'fi~4`fi'i.~7,.~~4''4.~ S~`1i~~- ~.,~.~''. ~fi.~-`~9~C~.d~L9G Exhibit C Page 2 e CITY OF MERIDIAN PLANNING DE ARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 2, 2008 ~ ~ d .n L Rnwocsrcaw aoau~nRr aaar~ eduar - a.o.w, a~ antttuma - _._._ ._._ s~cnawt€ u~c ra aa~s ~ezrm aoar. 3 D i% ~ AOR GOEAVTY' 05781C'P i~ 14D. 9`021036fi3 :i ` ~~ ~ C~ j nuuEa. atitoasaeat PAWCCE 00 OiiEO 0d5'fiNfNEAT Ed?. 704~i8140 i? 1$ 20 21 0 75 150 3t30 450 u- ~HI@IT "B~- R.O.W. ~ACATI4N M,A~' A PORTION OF THE SOU 1/4, SYV 1/4, SECTION 16, TO+fdNSHIP 3 NORTH, RANGE 1 EAST, S.M. ADA COUNTY, IDAHO a Cs s N2A99'29~Y 4 .ir?~.fi4':~ .t'l,.l..&.~16..' 4 114.80' S88' 0' .1~J,4Y 1 s ' B' 12889" __..~. t9~ tEd~ N Lt S~sO' § ~ 4. ' ~ _. -. ~::v~. ~ M apt IRMO F~`~~,~~iSTfq,~,SL~P` '~ ~ fcn ,~ - S1sf8389403 PIRA] ~]~ ~ G [j . 31/1853849! ~ ` /j~ _ ~~,y~,y ~ ~ ~ S o~D ~ rte. \ ~ % .;. ~ f per. a '"~. ~ ~rf OF X04' ,~~ 106659149 » N~rit AIO, p ~_,,_ . ~~PfflNf' AF ti' Bi~.84' ~ is N 89'22 84 iN "~ 3689A7' 22 TOO~rxi~rr-a>€rraza >;rt~uv>;T,~nac co. ENGaN~ERS SUi2Vf=YOBS f~V~N?I€RS 8777 {~PID€N BOUl.E~ARD • BOISE, lOJ~F€0 83794-20~ PHONE 208-323-2288 FAX: 208-323-2399 E-i0~: tk~Y112t€elr8-RO.~. 4't~..UWG ~°ATE:12J^~H3"i 47Yi2 65-iQD Exhibit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN ~TE OF SEPTEMBER 2, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone all of the subject property to C-G. The City Council fmds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fmds that retail stores and restaurants are principal permitted uses within the requested C-G zone. There are also several uses in the requested C-G zone that can occur with conditional use permit approval. The City Council fmds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council fmds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (iJDC 11-5B-3.E). The City Council fmds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the fmdings listed above, the City Council finds that Annexation and Zoning of this property to C-G would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D Page 2 • February 13, 2009 MERIDIAN CITY COUNCIL MEETING February 17, 2009 APPLICANT ITEM NO. 3-~ REQUEST Approve Minutes of January 27, 2009 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ~F'l'v Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • • February 13, 2009 MERIDIAN CITY COUNCIL MEETING February 17, 2009 APPLICANT ITEM NO. 3-C REQUEST Approve Minutes of February 3, 2009 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • i February 13, 2009 MERIDIAN CITY COUNCIL MEETING February 17, 2009 APPLICANT ITEM NO. 3-D REQUEST Approve Minutes of February 10, 2009 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 13, 2009 MERIDIAN CITY COUNCIL MEETING February 17, 2009 APPLICANT ITEM NO. S-E REQUEST Award of Bid and Contract for Ten Mile Sewer Crossing to Bodiford Construction, Inc. for $121,393.00 with a Spending Authority fora 10 percent contingency amount AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See affached Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES TEN MILE SEWER CROSSING PW-09-009 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this ~ day of February, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and BODIFORD CONSTRUCTION, hereinafter referred to as "CONTRACTOR", whose business address is 7660 N. Horseshoe Bend Rd. Ste. C. Boise. ID 83714 and whose Public Works Contractor License .# is RCE-5380. INTRODUCTION Whereas, the City has a need for services involving the construction of Ten Mile Sewer Crossing; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1,2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes TEN MILE SEWER CROSSING PW-09-009 page 1 of 13 • whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work pertormed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis in the amount of $121,398.00 as provided in Attachment B "Payment Schedule attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation., salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, TEN MILE SEWER CROSSING PW-09-009 page 2 of 13 Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of.a Notice to Proceed, the Contractor shall have 40 calendar days to reach substantial completion and 54 calendar days to reach final completion of the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of .$300.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. TEN MILE SEWER CROSSING PW-09-009 page 3 of 13 • • 4. Termina~on: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf. of the City. The selection and designation of the personnel of the CITY in the pertormance of this agreement shall be made by the CITY. TEN MILE SEWER CROSSING PW-09-009 page 4 of 13 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term. of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins TEN MILE SEWER CROSSING PW-09-009 page 5 of 13 performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 6.6 The insurance policies are to contain, or be endorsed to contain, the following orovisions: General Liability and Automotive Liability Coverages a. The Contractor shall provide a specific endorsement naming the City of Meridian and City's elected officials, officers, employees, agents, and Volunteers, The Engineer and Ronney & Kathryn Keeton of 1415 W. Kimra Street,Meridian, ID 83642 and David Toland of 1395 W. Kimra Street, Meridian, ID 83642 as additional insureds regarding: liability arising from or in connection with the performance or omission to pertorm any term, condition or TEN MILE SEWER CROSSING PW-09-009 page 6 of 13 • • requirement of the Agreement by or on behalf of the Contractor; services, products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; and automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City or City's elected officials, officers, employees, agents, and Volunteers. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. .Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Bodiford Construction. Inc Attn: Jerald Taylor 7660 N Horseshoe Bend Rd. Ste C. Boise. ID 83714 Idaho Public Works License #: RCE-5380 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. TEN MILE SEWER CROSSING PW-09-009 page 7 of 13 • • 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to pertorm. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. TEN MILE SEWER CROSSING PW-09-009 page 8 of 13 • 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In pertorming the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. TEN MILE SEWER CROSSING PW-09-009 page 9 of 13 • • 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. .w~. Approved as to Form -City Attorney TEN MILE SEWER CROSSING PW-09-009 Dated: 2 ~13 - 0~ page 10 of 13 ~ R, NAME: 1 ~x-OI~UI I~~Q ~y l ~ ~.Or( Dated: ,,2 - ~"7 TITLE: ~-~ fi'11 ~ 11~ 2,eJ~' Attachment A SCOPE OF WORK • REFER TO INVITATION TO BID PW-09-009 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-09-009, are by this reference made a part hereof. TEN MILE SEWER CROSSING PW-09-009 page 11 of 13 • • Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $121,398.00. ~, ~;., .~. ,~ ~ .~; .~ Furnish all labor, materials, equipment, and incidentals as required for the CONSTRUCTION TEN MILE CREEK SEWER CROSSING, per the drawings and s ecifications included in Bid No. PW-09-009 as referenced on Attachment A" SPEC. PAYMENT REFERENCE ITEM DESCRIPTION EST. QUANTITY UNIT UNIT PRICE TOTAL PRICE Clearing and 201.4.1.8.1 Grubbin 1 LS $1,000.00 1,000.00 205.4.1.8.1 Dewaterin 1 LS $1,500.00 $1,500.00 Trench Foundation 304.4.1.A.1 Stabilization 50 CY $1.00 $50.00 Imported Trench 306.4.1.D.1 Backfill 50 CY $15.00 $750.00 Miscellaneous Surface Restoration 307.4.1.A.9 Residential Lots 1 LS $2,500.00 $2,500.00 Type "P" Surface Restoration (Asphalt 307.4.1.F.1 Roadwa 100 LF $26.00 $2,600.00 Gravel Access Road Surface 307.4.1.J.1 Restoration 1 LS $1,800.00 $1,800.00 Water Service Connection, Size - ' 404.4.1.A.1 1-Inch 2 EA $1,200.00 $2,400.00 Gravity Sewer Pipe - 20" PVC 501.4.1.6.1 C905 DR 18 170 LF $75.00 $12,750.00 Gravity Sewer 501.4.1.6.1 Pi e - 21" PVC 76 LF $68.00 $5,168.00 Gravity Sewer Pipe - 20" Ductile 501.4.1.E.1 Iron Pi Crossin 1 LS $31,500.00 $31,500.00 Abandon F~dsting 501.4.1.F.1 Sewer Crossin 1 LS $1,500.00 $1,500.00 SPEC. PAYMENT ITEM DESCRIPTION EST. QUANTITY UNIT UNIT PRICE TOTAL PRICE REFERENCE fEN MILE SEWER CROSSING PW-09-009 page 12 of 13 • Plastic Lined Sanitary Sewer Manhole - 60" 502.4.1.C.2 T B Plastic Lined 1 EA $9,000.00 $9,000.00 Sanitary Sewer Manhole - 72" 502.4.1.C.2 T B Connection t 1 EA $11,000.00 $11,000.00 o 502.4.1.F.1 E~asting Manhole, 21" at MH #3 Connecti t 1 EA $2,000.00 $2,000.00 on o Existing Manhole, 502.4.1.F.1 24" (at sputter box Sewer Service 2 EA $3,500.00 $7,000.00 Connection to 504.4.1.D.1 Main 1 EA $600.00 $600.00 Re-channel 507.4.1.1.1 Manhole 1 EA $1,500.00 $1,500.00 Re-channel 507.4.1.1.1 Slitter Structure Standard 3-inch 1 EA $3,200.00 $3,200.00 Rolled Curb 8~ 706.4.1.A.1 Gutter Remove & 60 LF $15.00 $900,00 Replace Concrete 706.4.1.E.1 Sidewalk (5' Width 30 SY $30.00 $900.00 Construction 1103.4.1.A.1 Traffic Control 1 LS $1,500.00 $1,500.00 2010.4.1.A.1 Mobilization 1 LS $2,500.00 $2,500.00 2040.4.1.A.1 Fence, Chain Link 16 LF $55.00 $880.00 SP-2105.4.1.A.1 Sewage Bypass Plan 1 LS $1,000.00 $1,000.00 SP-2105.4.1.8.1 Sewage Bypass Control S stem 1 LS $6,000.00 $6,000.00 Remove & Reset SP 2142.4.1.A.1 Mailbox 2 EA $200.00 $400.00 Storm Water SP 2216.4.1.8.1 Mana ement 1 LS $2 500.00 $2 500.00 SP 2220.4.1.A.1 Stream Crossin 1 LS $7,000.00 $7,000.00 CONTRACT AMOUNT $121.398.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. TEN MILE SEWER CROSSING PW-09-009 page 13 of 13 ~1~ To: Jaye Holman; Tara Green Fronn Roxanne Holland, Staff Engineer CC: Clint Dolsby, P.E., Interim City Engineer Date: February 11,2009 Rer Proposed Agenda item for February 17, 2009 City Counal Meeting The Public 1~1(orks Deparlmerrt respectfully requests the foilowing items be placed on the February 17 City Counal agenda, under Consent Agenda, for Council's consideration. Ten Mile Sewer Crosslnea Bid Results and Award Award of Bid # PIN-09-009 and Authorization to enter into a Standard City Contract with Bodiford Construction, inc. far Ten Mile Sewer Crossing. The contract is the result of Invitation for Bid # PW-009-OOJ. Recommended Council Action: The Public Works Department recommends that Ciiy Council approves the Award of Bid and Authorization to enter into a Standard City Contract with Bodlford Construction, Inc. for Ten Mile Sewer Crossing far $121,398.00 with a spending authority fora 10% contingency amount and authoriz®the Mayor to sign and City Clerk to attest. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • page 1 • • AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES TEN MILE SEWER CROSSING PW-09-009 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of February, 2Q09, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and BODIFORD CONSTRUCTION, hereinafter referred to as °CONTRACTOR°, whose business address is 7660 N. Horseshoe Bend Rd. Ste. C, Boise, ID 83714 and whose Public Works Contractor License # is RCE-5380. INTRODUCTION Whereas, the City has a need for services involving the construction of Ten Mile Sewer Crossing; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work; 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreemen# and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes TEN MILE SEWER CROSSING PW-©9-009 page 1 of 13 i • whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to da so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1,4 Services and work provide by the contractor at the City's request under this Agreement will be pertormed in a timely manner in accordance wi#h a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis in-the amoun# of $121,398.00 as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the bilAng period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or markups. Specifrcally, TEN MILE SEWER CROSSING PW-09-009 page 2 of 13 • • Contractor shall not be entitled by virtue ofi this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon {a) completion of the agreed upon work, {b} September 30, 2009 or {c} unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shalt terminate automatically on the occurrence of {a} bankruptcy or insolvency of either party, or (b} sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30} days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occunrence of any of the following events: a, Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 40 calendar days to reach substantial completion and 54 calendar days to reach final completion of the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. TEN MILE SEWER CROSSING PW-09-009 page 3 of 13 i i 4. Termination: If, through any cause, CONTRACTOR, its ofhcers, employees, or agents fails to fulfill in a timely and proper manner i#s obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record ordocument-required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of #his Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15} days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty {60) days notice to CITY. In the event of any termination of this Agreement, ail finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Nofinrithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independen# contrac#or, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. TEN MILE SEWER CROSSING PW-09-009 page 4 of 13 • • 5.2 Contractor, its agents, officers, and employees are and at all times during the #erm of this Agreemen# shall represent and conduct themselves as independent contrac#ors and not as employees of the City. 5.3 Con#ractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor, 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resul#ing from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that i# will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required bylaw.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractors officers, employs, agents, representatives or subcon#ractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins TEN MILE SEWER CROSSING PW-09-009 page 5 ofi 13 • performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Con#ractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the-City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not con#ribute with Contractor's insurance excep# as to the extent of City`s negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respec# to the limits ofi the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 6.6 The insurance policies are to contain, or be endorsed to contain= the followingprovisions: General Liability and Automotive Liability Coverages a. The Contractor shall provide a specific endorsement naming the City of Meridian and City's efec#ed officials, officers, employees, agents, and Volunteers, The Engineer and Ronney & Kathryn Kee#on of 1415 W. Kimra Street,Meridian, ID 83642 and David Toland of 1395 W. Kimra Street, Meridian, ID 83642 as additional insureds regarding: liability arising from or in connection with the performance or omission to perform any term, condition or TEN MILE SEWER CROSSING PW-U9-Or>9 page 6 of 13 C~ requirement of the Agreement by or on behalf of the Contractor; services, products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; and automobiles owned, leased, hired or borrowed by the Con#ractor. The coverage shall contain no special limitations on the scope of protection afforded to the City or City's elected officials, officers, employees, agents, and Volunteers. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, cert~ed, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Bodiford Construction, Inc Attn: Jerald Tavlor 7660 N Horseshoe Bend Rd. Ste C. Boise. ID 83714 Idaho Public Works License #: RCE-5380 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separa#e contract between the parties and shall survive any default, termination or forfeiture of this Agreement. TEN MILE SEWER CROSSING PW-09-009 page 7 of 13 10. Time is of the Essence: The parties hereto acknowledge and agree that time is s#rictiy of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perfom~. 11. Assignment: Et is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection wi#h the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement, This includes any handwriting, typewri#ing, printing, photo static, photographic and every other means of recording upon any tangible thing, any fom~t of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to alf matters covered by this Agreement. TEN MILE SEWER CROSSING PW-09-009 page 8 of 13 • u 1 b. Pubiication, Reproduction and Use of Material: No ma#erial produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder, Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supen~edes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. ~ Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. TEN MILE SEWER CROSSING PW-09-009 page 9 of 13 • u 23. Approval Required; This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR BODIFORD CONSTRUCTION, INC BY: Dated Dated: Approved by City Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated Approved as to Form -City Attorney Department Approval BY: NAME: TITLE: Dated: TEN MILE SEWER CROSSING PW-09-009 page 10 of 13 • • Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-09-009 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invi#ation to Bid Package # PW-09-009, are by this reference made a part hereof, TEN MILE SEWER CROSSING Piftt-Q9-OU9 page 11 of 13 • Attachment B • MILESTONE I PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $121,398.00. PRICING.SCHEDULE Furnish all labor, materials, equipment, and incidentals as required for the CONSTRUCTION TEN MILE CREEK SEWER CROSSING, per the drawings and s ecifications included in Bid No. PW-09-009 as referenced on Attachment A" SPEC. PAYMENT DESCRIPTION QUANTrrY UNIT UNIT PRICE TOTAI. PRICE REFERENCE Clearing and 201.4.1.8.1 Grubbin 1 LS $1000.00 1000.00 205.4.1.B.1 Dewaterin 1 LS $1500.00 $1500.00 Trench Foundation 304.4.1.A.1 Stabilization 5fl CY $1.00 $50.00 Imparted Trench 306.4.1.D.1 Backfill 50 CY $15.00 $750.00 Miscellaneous Surface Restoration 307.4.1.A.9 Residential Lots 1 LS $2 500.00 $2 500.00 Type "P" Surface Restoration (Asphak 307.4.1.F.1 Roadwa 100 LF $26.00 $2,600.00 Gravel Access Raad Surface 307.4.1.J.1 Restoration 1 LS $1,800.00 $1,800.00 Water Service Connection, Size - 404.4.1.A.1 1-Inch 2 EA $1.200.00 $2,400.00 Gravity Sewer Pipe - 20" PVC 501.4.1.8.1 C905 DR 18 170 LF $75.00 $12,750.00 Gravity Sewer 501.4.1.8.1 Pi e - 21"PVC 76 LF $68.00 $5,168.00 Gravity Sewer Pipe - 20" Ductile 501.4.1.E.1 Iron Pi Crossin 1 LS $31,500.00 $31,500.00 Abandon Existing 501.4.1.F.1 Sewer Crossin 1 LS $1,500A0 $1,500A0 SPEC. PAYMENT DESCRIPTION QUEANTITY UNIT UAIIT PRICE TOTAL PRICE REFERENCE TEN MILE SEWER CROSSING PW-09-009 page 12 of 13 • • Plastic Lined Sanitary Sewer Manhole - 60" 502.4.1.C.2 T e B 1 EA ,000.00 $9 000.00 Plastic Lined Sanitary Sewer Manhole - 72" 502.4.1.C.2 T B 1 EA $11,000.00 $11,000.00 Connection to F~dsting Manhole, 502.4.1.F.1 21" at MH #3 Connection to 1. EA $2,000.00 $2,000.00 Existing Manhole, 24" {at splitter 502.4.1.F.1 box 2 EA $3 500.00 $7 000.00 Sewer Sertice Connection to 504.4.1.D.1 Main 1 Fro $600.00 $600.00 Re-channel 507.4.1.1.1 Manhole 1 EA $1,500.00 $1,500.00 Re-channel 507.4.1.1.1 Slitter Structure Standard 3-inch 1 EA $3,200.00 $3,200.00 Rolled Curb & 708.4.1 A.1 Gutter 60 LF $15.00 $900.00 Remove & Replace Concrete Sidewalk (5' 706.4.1.E.1 Width 30 SY $30A0 $900.00 Construction 1103.4.1.A.1 Traffic Control 1 LS $1,500.00 $1,500.00 2010.4.1.A.1 Mobilization 1 LS $2,500.00 $2,500.00 2040.4.1.A.1 Fence, Chain Link 16 LF $55.00 $880.00 Sewage Bypass SP-2105.4.1.A.1 Plan 1 LS $1,000.00 $1,000.00 SP-2905.4.1.8.1 Sewage Bypass Control stem 1 LS $6,000.00 $6 OOOAO Remove ~ Reset 5P 2142.4.1.A.1 Mailbox 2 EA $200.00 $400.00 Storm Water SP 2216.4.1.8.1 Mana ement 1 L5 $2,500,00 $2,500.00 SP 2220.4.1.A.1 Stream Crassin 1 LS $7,000.00 $7,000.00 CQNTRACT AMOUNT '129,398.00 Travel expenses will be paid at no more than the City of Meridian's Trav®I and Expense Reimbursement Policy. TEN MILE SEWER CROSSING PW-09-009 page 13 of 13 n February 13, 2009 MERIDIAN CITY COUNCIL MEETING February 17, 2009 APPLICANT ITEM NO. 3-F REQUEST Approve USGS Joint Funding Agreement for $17,585.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See affached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • JOINT FUNDING AGREEMENT OPERATION OF CONTINUOUS WATER QUALITY MONITORS IN THE LOWER BOISE AND SNAKE RIVERS BY THE UNITED STATES GEOLOGICAL SURVEY THIS AGREEMENT is entered into by and between the City of Boise, hereinafter "Boise," City of Meridian, hereinafter "Meridian," City of Caldwell, hereinafter "Caldwell," the City of Nampa, hereinafter "Nampa," and ...; with a combined reference hereinafter "funding partners," for the purpose of jointly funding the collection of water quality data on the Boise and Snake Rivers by the United States Geological Survey. WHEREAS, Boise, Meridian, Nampa and Caldwell (collectively "the Cities") aze subject to NPDES permits issued by the U.S. EPA which regulate dischazges to Waters of the US including the Boise and Snake Rivers; and WHEREAS, the Cities have determined it is their best interests to monitor water quality in the lower Boise and Snake Rivers; and WHEREAS, the United States Geological Survey (USGS) has offered to perform continuous water quality monitoring of the Lower Boise and Snake Rivers on behalf of the funding partners subject to cost sharing ;and WHEREAS, for the fiscal yeaz 2009 (ending September 30, 2009) the USGS has agreed to contribute $40,000 for water quality monitoring provided the funding partners provide $217,100 in matching funds; and WHEREAS, the USGS will only contract with one of the funding partners for the purpose of jointly funding the water quality study for fiscal yeaz 2009; and WHEREAS, Boise has agreed to contract with USGS and be the funding conduit for the funding partners to USGS; and WHEREAS, the funding partners have determined funding contribution amounts for fiscal yeaz 2009 to utilize USGS for water quality monitoring of the Lower Boise and Snake Rivers; and WHEREAS, the funding partners desire to enter into this agreement to formalize the funding partners funding and other obligations for the USGS water quality monitoring project NOW, THEREFORE, in consideration of the foregoing premises, it is agreed: 1. Boise will enter into a contract with the United States Geological Survey (USGS) for the purpose of jointly funding continuous water quality monitoring of the Lower Boise and Snake Rivers. The contract shall be in substantially the form set forth in Exhibit "A", attached hereto, and shall be for the fiscal year ending September 30, 2009. 2. The funding partners agree to the following cost sharing amounts for the joint funding of the Cities fiscal year 2009 share (through Boise) of the USGS agreement: • • Percent Amount Boise 56.6% $122,879 Nampa 18.9% $ 41,032 Caldwell 16.4% $ 35,604 Meridian 8.1% $ 17,585 Total 100% $217,100.00 3. Boise shall invoice each of the funding partners for their funding shaze within 30 days of finalizing the USGS agreement. The funding partners shall pay their invoiced shaze to Boise within 30 days of invoice receipt. 4. The funding partners agree to seek additional funding from other sources including the State, other municipalities and private utilities to potentially defray the costs of this agreement. Any money received will be distributed to the funding partners for their pro rata shaze. In the event the USGS terminates the USGS contract resulting in a return of funds the returned funds will be distributed to the funding partners for their pro rata shaze. 5. The term of this agreement from the signature date to September 30, 2009. Any funding partner may withdraw from this agreement by providing notice to the other funding partners but shall remain obligated for payment of their share set forth in Section 2. CITY OF BOISE BZ'~ Dated Its: CITY OF/ME_RIDIAN f~'~' BY: Dated Its: CITY OF NAMPA BY: Dated Its: CITY OF CALDWELL BY: Dated Its: END OF AGREEMENT • Memo To: Keith Watts, Purchasing Manager; Kathy Wanner, Accounting Specialist From: Clint Dolsby, Interim City Engineer CC: Thomas Bany, Public Works Director Date: 02/11 /2009 Re: Proposed Agenda Item for February 17, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 17 City Council agenda, under consent agenda, for Council's consideration: USGS Joint Funding Agreement. The U.S. Geological Survey (USGS) and Boise River municipalities have developed a monitoring plan to collect water quality data on the Snake and Boise Rivers. The plan is to operate three continuous water quality monitors for multiple years (10-20) to track improvements in water quality related to TMDL implementation on Lower Boise and Snake Rivers. This agreement implements the 2009 fiscal year costs for continuation of the monitoring network at three sites on the Lower Boise and Snake Rivers. The cost for this project for fiscal year 2009 is $257,100 (USGS match of $40,000; local costs of $217,100). In subsequent years, total costs will remain at $250-300,000 per year. USGS matching funds are anticipated to be in the $30,000 to $50,000 range per year. The following Municipalities have committed funds for fiscal year 2009: Boise ($122,879), Meridian ($17,585), Nampa ($41,032), and Caldwell ($36,604). The proposed Water Quality Monitoring Memorandum of Understanding Cost Share to be signed by these four entities is attached. Recommended Council Action: The Public Works Department recommends that City Council approves the USGS Joint Funding Agreement for $17,585 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 • . JOINT FUNDING AGREEMENT OPERATION OF CONTINUOUS WATER QUALITY MONITORS IN THE LOWER BOISE AND SNAKE RIVERS BY THE UNITED STATES GEOLOGICAL SURVEY THIS AGREEMENT is entered into by and between the City of Boise, hereinafter "Boise," City of Meridian, hereinafter "Meridian," City of Caldwell, hereinafter "Caldwell," the City of Nampa, hereinafter "Nampa," and ...; with a combined reference hereinafter "funding partners," for the purpose of jointly funding the collection of water quality data on the Boise and Snake Rivers by the United States Geological Survey. WHEREAS, Boise, Meridian, Nampa and Caldwell (collectively "the Cities") are subject to NPDES permits issued by the U.S. EPA which regulate discharges to Waters of the US including the Boise and Snake Rivers; and WHEREAS, the Cities have determined it is their best interests to monitor water quality in the lower Boise and Snake Rivers; and WHEREAS, the United States Geological Survey (USGS) has offered to perform continuous water quality monitoring of the Lower Boise and Snake Rivers on behalf of the funding partners subject to cost sharing ;and WHEREAS, for the fiscal year 2009 (ending September 30, 2009) the USGS has agreed to contribute $40,000 for water quality monitoring provided the funding partners provide $217,100 in matching funds; and WHEREAS, the USGS will only contract with one of the funding partners for the purpose of jointly funding the water quality study for fiscal year 2009; and WHEREAS, Boise has agreed to contract with USGS and be the funding conduit for the funding partners to USGS; and WHEREAS, the funding partners have determined funding contribution amounts for fiscal year 2009 to utilize USGS for water quality monitoring of the Lower Boise and Snake Rivers; and WHEREAS, the funding partners desire to enter into this agreement to formalize the funding partners funding and other obligations for the USGS water quality monitoring project NOW, THEREFORE, in consideration of the foregoing premises, it is agreed: 1. Boise will enter into a contract with the United States Geological Survey (USGS) for the purpose of jointly funding continuous water quality monitoring of the Lower Boise and Snake Rivers. The contract shall be in substantially the form set forth in Exhibit "A", attached hereto, and shall be for the fiscal year ending September 30, 2009. 2. The funding partners agree to the following cost sharing amounts for the joint funding of the Cities fiscal year 2009 share (through Boise) of the USGS agreement: A ~ / Percent Amount Boise 56.6% $122,879 Nampa 18.9% $ 41,032 Caldwell 16.4% $ 35,604 Meridian 8.1 % $ 17,585 Total 100% $217,100.00 3. Boise shall invoice each of the funding partners for their funding share within 30 days of finalizing the USGS agreement. The funding partners shall pay their invoiced share to Boise within 30 days of invoice receipt. 4. The funding partners agree to seek additional funding from other sources including the State, other municipalities and private utilities to potentially defray the costs of this agreement. Any money received will be distributed to the funding partners for their pro rata share. In the event the USGS terminates the USGS contract resulting in a return of funds the returned funds will be distributed to the funding partners for their pro rata share. 5. The term of this agreement from the signature date to September 30, 2009. Any funding partner may withdraw from this agreement by providing notice to the other funding partners but shall remain obligated for payment of their share set forth in Section 2. CITY OF BOISE BY: Dated Its: CITY OF MERIDIAN BY: Dated Its: CITY OF NAMPA BY: Dated Its: CITY OF CALDWELL BI'~ Dated Its: END OF AGREEMENT • • February 13, 2009 MERIDIAN CITY COUNCIL MEETING February 17, 2009 APPLICANT ITEM NO. 3-Cs REQUEST Human Resources Professional Service Agreement with Galena Consulting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • HUMAN RESOURCES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MERIDIAN AND GALENA CONSULTING THIS AGREEMENT, effective the , ~ day of 2009, by and between the City of Meridian, a municipal corporation organized under a laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and GALENA CONSULTING hereinafter referred to as "GALENA", 1214 S. Johnson Street, $oise, Idaha 83705. 1. Scope of Services: GALENA shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that maybe agreed to in writing by the parties. 2. Time of Performance: This agreement shall be effective from ~ / ~oo°t ,and shall expire no later than September 30, 2009 unless earlier t ed or extended. 3. Indemnification and Insurance: GALENA shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by GALENA, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. GALENA will provide services to the CITY and shall be liable far all acts of their employees while upon the premises of the CITY. The CITY will further indemnify GALENA for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the training received from GALENA. 4. Independent Contractor: In all matters pertaining to this agreement, GALENA shall be acting as an independent contractor, and neither GALENA nor any officer, employee or agent of GALENA will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall ~ made by the CITY. 5. Compensation: GALENA shall be compensated for Human Resources consulting services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement GALENA may deal exclusively with: GALENA Personal Services Agreement -page 1 of 5 • Human Resources Director City of Meridian 33 E. Broadway Meridian, ID 83642 6. Method of Payment: GALENA will be paid at the rate as specified in the Scope of Services as referenced in Article 1 above GALENA shall be responsible to provide an accounting of services provided. GALENA will be paid within thirty days (30) of providing the City with an invoice. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and ~ deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 GALENA 1214 S. Johnson Street Boise, Idaho 83705. Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may ~ granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall ~ deemed to ~ a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform 10. Assignment: It is expressly agreed and understood by the parties hereto, that GALENA shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. GALENA Personal Services Agreement -page 2 of 5 • 11. Discrimination Prohibited: In performing the Services required herein, GALENA shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, retards, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of GALENA'S records with respect to all matters covered by this Agreement. GALENA shall permit the CITY to audit, examine, and make excerpts or transcripts from such records and to make audits of aU contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. PnbGcation, Reproduction and Use of Material: The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other matenats prepared under this Agreement that are property of the CITY. GALENA does use material prepared and copyrighted for their use in fiutherance of this Agreement and contain proprietary information that derives separate individual economic value to GALENA. Those documents may not be reproduced without the express written consent of GALENA. Documents that are restricted by this condition must be clearly marked and identified by GALENA to claim. this exclusion. Said proprietary materials shall remain the property of GALENA and utdiZation of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a separate licensing agreement to be entered into by the parties. 15. Comptianee with Laws: In performing the scope of services required hereunder, GALENA shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of GALENA'S compensation, which are mutually agreed upon by and between the CITY and. GALENA, shall be incorporated in written amendments to this Agreement. 17. Termination: For Cause: If, through any cause, GALENA, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, GALENA Personal Services Agreement -page 3 of 5 falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to GALENA. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: If the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to GALENA of such termination and specifying the effective date thereof at least sixty (60} days before the effective date of such termination GALENA may also terminate this ageeemen at any time by giving at least sixty (60) days notice to CITY. l:n the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by GALENA under this Agreement shall, at the option of the CITY, become its property, and GALENA shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, GALENA shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach ofthis Agreement by GALENA and the CITY may withhold any payments to GALENA for the purposes of set-off until such time as the exact amount of damages due the CITY from GALENA is determined. This provision shall survive the termination of this agreement and shall not relieve GALENA of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion 19. Entire Agreement: This Agreement contains the eirtire agreement of the parties and supersedes any and all other agreements or understandmgs, oral of written, whether previous to the execution hereof or conte~oraneous herewith. The parties also understand that GALENA has existing Agreements with the CITY that aze not incorporated under this Agreement. The CITY may contract with GALENA to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and substantially similar to this Agreement. 20. Applicable Law: This Agreement shall be governed by and construed and. enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian GALENA Personal Services Agreement -page 4 of S 21. Approval Required: This Agreement shall not become effective or binding untd approved by the City of Meridian. GALENA CONSULTING Anne escott CITY OF MERIDIAN BY: ~C~C: !1 , c~~ Attest: ```~~,~`,~y ~ ~~,9~.,~~,r ~' ~T~a JAYCEE HOLMAN.~I ,~L ~ '`°p$O; '- 90 ~~r ~s~ • ... -,,,~,,J,,~,c~ ,,~~.,,,,. ~rrr-rrn n~~- de WEERD, MAYOR GALENA Personal Services Agreement -page 5 of 5 • EXHIBIT "A" Hourly Rate - $120.00 per hour Services Requested - Facilitate Training Session for Department Directors relating to Performance Accountability Program Anticipated Hours for this project - 4-5 hours • February 13, 2009 MERIDIAN CITY COUNCIL MEETING February 17, 2009 APPLICANT ITEM NO. 3-H REQUEST Award of Bid and Contract to Lake City Trucks for $31 b,324.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See afMched OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Tara Green From: Keith Watts, Purchasing Agent CC: Rich Dees, Kathy Wanner Date: 2/12/09 Re: February 17 City Council Department Report The Public Works Department respectfully requests that the following item be placed on the February 17 City Council Agenda under Consent Agenda. Award of Bid # WWTP-09-001 Sewer and Basin Cleaning Truck. The Purchasing Department received three (3) bids January 9, 2009 for the above mentioned Invitation for Bid. Two (2) bidders took critical exceptions to the spec cations. Purchasing requested clarification of their exceptions and presented to Gail Hammond and Rich Dees for their review. After careful review the Public Works Department requested Purchasing to award to the only bidder (Lake City Trucks) who met the spec cations of the Bid in the amount of $316,324.00. . Recommended Council Action: Approve award of bid to Lake City Trucks and authorize the Purchasing Manager to issue and sign a PO in the amount of $316,324.00. Thank you for your consideration. • Page 1 • . February 13; 2009 MERIDIAN CITY COUNCIL MEETING February 17, 2009 APPLICANT ITEM NO. 4-/~ REQUEST Arts Commission Update AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: -r CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe City of Meridian. • • Meridian Commission 200 INITIAL POINT GALLERY SERIES -- ____ March 2009-March 2010 '`; ~' ~~ey,~ ~, ~ ~ 1 _ ~r [~R _. ``T~ fF~~~lti Jf~ ,~ ~ P R~ y gyp' -` +J~d'-.'` ~.t• ~'> V Kristin Dam APR-L2009 `~'' '~ ~;_ ~= Gertrude Hudson MARCH 2009 - An Idaho Narrative: 44 Counties of Idaho ~~ _.~ ~ '~ ~_~ Amber Conger MAY 2009 k+_ -- Michael O'Laughlin MAY 2009 • +'~~.NV L~~~S~APES By Joyce Green JULY 2009 -Water Music ~r ; }'~. i ~~ ~- ~' ~ ~ '~, Julie Clemons ~~ sEPTEMeER 2~9 ;.} c \ J.~ = ~ ~ f~ 'j ,~ +~.. Idaho Painters Guild AUGUST 2009 -Painting classes by Fred Choate ~r: a ~r' ~~~ ~ ~-- _ ,, ~~ _ Clay Simons ______ _ , SEPTEMBER 2009 t f ! ~ ` 1! l 6 ii c ~' ~ t E4 ` i I I' ~m I ~ -~ ~ _ 2 MuLT~t~I_r ~aTi sus MarOStlCa OCTOBER 2009 -How We Know Helen Grainger Wilson NOVEMBER 2009-Idaho's Natural Environment ~.~-,._ _ tS ~ - S. ~~~~ } l~:a; rv It ~ ~ .. Nom. ~~ `~'~ _ ~. - .r„~ ~~ ~ r ~ ? ~` Grange Group Art Guild DECEMBER 2009 -Student Art Show yA~' ~ ~ Flo ~~ ~•ti p+~..-~. -fx ~ `~~ L .j~~~~ L e E~ Meridian Commission Patricia Fennell NOVEMBER 2009 The FSeaufv & Fraatlity of the Earth__as Experienced In Rurgl Idaho `~ _.~-~1 r ~ ~ :,~. ~a _._ ,,4 __ ti __~ : x.l: Benjamin Love JANUARY 2010 3 Zella Bardsley FEBRUARY 2010 ~, Selection of artists for the next INITIAL POINT GALLERY SERIES Will begin in January 2010 Duncan Grandin Boise Camera Club ~?~ ~'~' FEBRUARY 2010 x '~` ~ 3 ~ ~ ~~ .'~, i' - Idaho Watercolor Society (Poll2010) -SW Region Fall Show ~. 9FI p -~ '~s', ; 'a +d ~ ~ .~ - J t '~ ~' ~• ~ } ~~ ~ t ~~ { rk~I S ~ 1t ~'~ a UT~ ~ ~ ~ t~ ~ % 5 sl ~ ~ ~ ~ ~ 3 •, ~ ~ I ~ ~ ~ 4 - ~ ~ ~ .k ~ ,~ I ' ~ ' I -I I t. ; I ~ ~ ~ ~~ i~~ iL 1 ~ I' :,, ~ 1'~; r r - i } _ I;~ + ~ c i • ~° Meridian Commission ~=~~ ~ ~ ~~ +I~erv~# y-~ 2-~~~-~~ ~l~I ~~~P~.~ in ~1 ~ ~~,~,s:~ OUR VISION: A vibrant arts community that integrates the arts experience into our everyday life and enhances the spirit of our city. Arts Awareness -Arts Education -Arts Participation ACOMPLISHMENTS FOR 2008-2009: Fund-raising campaign $6800 Donations for Public Art $1500 Donations for Art in Public Spaces $1000 Initial Point Gallery artist application fees $500 Grant funding Sought public comment on public art project Commissioned 1 ~ public art project "Origin" by Amber Conger Purchased 4 original paintings for Art in Public Spaces Program at City ball Scheduled 16 area artists to exhibit in Initial Point Gallery through 2/2010 Supported Meridian Symphony Orchestra's Young Artists Award Assisted Parks Department with holiday decorations Community outreach presentations to Chamber of Commerce 8~ IGwanis Club Bringing Missoula Children's Theater -Little Red Riding Hood GOALS FOR 2009 & BEYOND: Install Public Art "Origin" in City Hall -May 2009 Children's theater performance: Little Red Riding Hood 5/11 - 16/09 Concerts on Broadway free summertime music series at City Hall amphitheater Name the amphitheater. The Old Creamery Theater- or hold a naming contest Support Meridian School District art contest Work with Parks Dept. to bring teaching artists to Community Education Program Work with MDC 8~ DBA to develop a weekly farmers market to downtown Partner with MDC to create an Artist In Residence program October Arts 8~ Humanities Month celebration Continue to grow Meridian's art collection through Art in Public Spaces Program Foster development of public art downtown by creating an arts district Create non-profit "Friends of MAC" fund-raising organization Adoption of art in public spaces (Percent for Art) ordinance Hire arts adminisfrator Performing arts center _---~ . te""~~.-_ _ COMMISSION MEMBERS: ,- Meg Glasgow, Chair ~ ®~ ~ I~ Nancy Rountree, Vice-Chair David Stolhand, Secretary Mary Jensen -Performing Arts Dwight Williams -Initial Point Gallery - Bonnie Metcalf -Mayor's Youth Advisory Council \_ J February 13, 2009 MERIDIAN CITY COUNCIL MEETING February 17, 2009 APPLICANT ITEM NO. 4-B REQUEST Presentation by Boise / Ada County Housing Authority on Neighborhood Stablization Program in Meridian AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS ~~ ~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the Cltyr of Meridian. • • February 13, 2009 MERIDIAN CITY COUNCIL MEETING February 17, 2009 APPLICANT ITEM NO. 4-C REQUEST Presentation with ACHD on the Roadways to Bikeways -Bicycle Master Plan AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS ~n~v r~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 1 ~~C~vl'~ ~-C ~ 4~~ G` ~~ u~ ~ E~ ~~,~~ ~r~r ,-~ r ~ ~.~.~ _d 1 ~ ~ ~' a ,~ qp) ~ ~ ,. - Y~m P- 3 0 0 I 0 7 I jl a 1~~1~'~ TTT l f I'IJI AAA 1 # ~ II _ ~ ~~, ~ 1., ®. p~ ~ - o ~ ~ 7 o e o .. a , ko, 5 °, ~-,~ rl~ I 7 • February 13, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Smoke Free Presentation February 17, 2009 l J ITEM NO. 4-D AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ^ ~ CITY WATER DEPT: 1 CfTY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ~ ~~-- i~ Smoke Free Idaho ~` ~ j ~' ~j~ ~~'~~~~~; ~u • The health hazards of second-hand smoke ~''~~ ~¢~~~~ ~"~`~` o Second hand smoke is a health hazard o No one should have to choose between a job and good health o Idaho specific statistics • The impact of smoke free laws in communities o Pueblo, Colorado/Helena, Montana examples o Post implementation surveys demonstrate increased support o Removing smoke from bars has not had a significant ad/erse impact on revenues • Treasure Valley Poll results 0 73% of Treasure Valley voters support a local ordinance o A clear majority of voters prefer a city council candidate who voted for an ordinance o By a margin of more than 10 to 1 voters support the rights of customers and employees to breathe clean air 0 8 out of 10 voters say exposure to second-hand smoke is harmful to people's health o If a bar is non-smoking only, most voters will be just as likely or more likely to go to that bar 0 87% of voters agree all workers should be protected from exposure to second-hand smoke in the workplace • Supporters of Smoke Free Idaho o Over 30 local businesses and organizations support a Smoke Free Idaho o Meridian residents support Meridian being a 100% smoke free work place city • Model Ordinance Language o Provides protection to workers not currently covered in Idaho law o Reinforces current Idaho law The Coalition for a Healthy Idaho respectfully requests the Meridian City Council to consider the passage and implementation of the model ordinance language presented tonight. ® • Second-hand Smoke Causes Significant Health Hazards Secondhand smoke is a health hazard. • Secondhand smoke contains more than 4,000 chemicals, 69 of which cause cancer including formaldehyde, arsenic, cyanide, and carbon monoxide' 2. • Secondhand smoke causes 35,000 to'40,000 deaths from heart disease every year;. • Secondhand smoke is responsible for 3,000 lung cancer deaths annually in otherwise healthy nonsmokers. • Secondhand smoke can cause or aggravate a wide range of adverse health effects, including cancer, respiratory infections, and asthma. No one should have to choose between a job and good health. • Nonsmokers exposed to high levels of tobacco smoke on the job double their risk of getting lung cancer.4 • Food service workers have a 50% greater risk of dying from lung cancer than the general population, in part, because of secondhand smoke exposure in the workplaces 6 • Smoke-free policies decrease absenteeism among non-smoking employees and increases productivity. ~ The toll of tobacco use in Idaho. • 220 Idahoans die each year from exposure to second-hand smoke. • The annual health care costs in Idaho directly caused by smoking are $319 million. • Tobacco use costs every taxpaying household in Idaho $546 a years ~ National Cancer Institute. Risks Associated with Smoking Cigarettes with Low machine Measured Yields of Tar and Nicotine. Smoking and Tobacco Control Monograph No. 13. Bethesda, MD. U.S. Department of Health and Human Services, National Institutes of Health, National Cancer Institute, NIH Pub. No. 02- 5074, October 2001. http://dccps.nci.nih.gov/tcrb/monographs/13/ml3 5 Pdf; personal communication, dated October 28, 2003, from Dietrich Hoffmann, Ph.D., Associate Director, Institute for Cancer Prevention, co-author of Chapter 5 of NCI Monograph 13, clarifying Table 5.4 of the Monograph (that lists 69 carcinogens) is missing a carcinogen, namely McAaC (2-amino-3-methyl-9-H-pyrido[2,3-b]indole, and it should be inserted under "under" miscellaneous Organic Compounds". z National Cancer Institute. Risks Associated with Smoking Cigarettes with Low Machine-Measured Yields of Tar and Nicotine. Smoking and Tobacco Control Monograph No. 13. Bethesda, MD: U.S. Department of Health and Human Services, national Institutes of Health, National Cancer Institute, NIH Pub. No. 02- 5074, October 2001. http://dccps.nci.nih.gov/tcrb/monographs/13/m13 5 pdf. 3 National Cancer Institute. Health Effects of Exposure to Environmental Tobacco Smoke: The Report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph no. 10. Bethesda, MD. U.S. Department of Health and Human Services, National Institutes of Health, National Cancer Institute, NIH Pub. No. 99-4645, 1999, http://cancercontrol.cancer.gov/tcrb/nci_monographs/MONO 10/MONO l O.HTM. a Stayner, L., et al. (2007) Lung Cancer Risk and Workplace Exposure to Environmental Tobacco Smoke. American Journal of Public Health, 10.2105/AJPH.2004.061275. s Shopland, D.R; Anderson, C.M.; Burns, D.M.; Gerlach, K.K., "Disparities in smoke-free workplace policies among food service workers," Journal of Occupational and Environmental Medicine, 46(4): 347- 356, Apri12004. 6 Siegel, M. "Involuntary Smoking in Restaurant Workplace: A Review of Employee Exposure and Health Effects." JAMA, 270:490-493, 1993. Available at: http://www.ncbi.nlm.nih gov/entrez/query fcgi~cmd=Retrieve&db=PubMed&list uids=8320789&dopt=Abstract. ~ Scollo, Michelle and Anita Lal (2004). Summary of Studies Assessing the Economic Impact of Smoke-free Policies in the Hospitality Industry. Melbourne: VicHealth Centre for Tobacco. Control. http://www.vctc.org.au/tc- res/Hospital itysummary. pdf. s The Toll of Tobacco. http:J/www.tobaccofreekids.org/reports/settlements/toll.php?StateID=ID. • ®0 The Impact of Smoke Free Laws in Communities Post Implementation Surveys demonstrate increased support • In Illinois the margin of support grew by 10 percentage points in a poll taken six months after implementation of the statewide smoke free workplace law compared to a similar poll conducted a year earlier.t • ~ A five percentage point increase in popularity of New York City's smoke free workplace law was found in a survey conducted one year after passage of the law? • Twelve months after implementing a statewide smoke free law, survey results showed Wisconsin voters voiced a five percent increase in support.3 Removing smoke from bars has not had a significant adverse impact on revenues. • Smokefree policies reduce housekeeping and maintenance costs, lower insurance rates and lowers the risk of fires a • Smokefree laws in Kentucky were found to be unrelated to business openings or closures in alcohol serving establishments and non-alcohol serving establishments alike.s • Data from the Delaware Alcohol Beverage Control Commission shows that the number of restaurants, tavern, and taproom licenses increased in the year following the smokefree law's effective date. Employment in the state's food service and drinking establishments also increased in that time period.6 • Support for New York's law has grown even among bar and restaurant owners. James McBratney, President of the Staten Island Restaurant and Tavern Association, was quoted~in the Feb. 6, 2005, issue of The New York Times saying, "I have to admit, I've seen no falloff in business in either establishment (restaurant or bar)." According to The Times, "He went on to describe what he once considered unimaginable: Customers actually seem to like it, and so does he."~ I Greenberg Quinlan Rosner Research survey of 606 registered voters in Illinois conducted 5-28-08 to 6-1- 08. z Global Strategy Group Survey of 500 voter in new Your City 3-21-04 to 3-22-04. 3 Melhnan Group and Public Opinion Strategies survey of 500 Wisconsin voter conducted 3-12-08 to 3-16- 08. a Scollo, Michelle and Anita Lal (2004). Summary of Studies Assessing the Economic Impact of Smoke-free Policies in the Hospitality Industry. Melbourne: VicHealth Centre for Tobacco Control. http://www.vctc.or .ag u/tc- res/Hospital itvsummar~~df. 5 Hahn E: et al. Economic Impact of Lexington's Smoke-free Law: A Progress Report, Universtiy of Kentucky College of Nursing and Gatton College of Business and Economics, April 18, 2005. http://www2.mc.uky. edu/TobaccoPolicy/[JK%20Progress%20Report%20FINAL.pdf. 6 Meconi, Vincent, Secretary of the Delaware Department of Health and Social Services, "Secondhand Smoke Deserves Regulations," Delaware State News, (December 30, 2003). See also American Lung Association of Delaware, "Delaware's Clean Indoor Air Act- The 1 ~` Anniversary Story", http://www.alade.org/main.htm. ~ Rutenbert, J. and Koppel, L., "almost Two Years Into Cigarette Ban, New York city Bars Thrive and Many Smokers Shrug," New York Times, (February 6, 2005). . 0 0 0 0 0 m 0 m a °~. LU ~. 0 0 m m a ~° m m ~~ y O m 0 o ~, • Cif ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ o ~ o _ ~ ~ ~ O ~ Q N ~ ~ N ~ ~ ~ ~ (Q ~ ~ A 3 ~ C D ~- ~ ~ ~ ~, ~ ~ r+ ~ ~ N ~ N ~ ~ ~ ~ cQ' ~ cQ', cD ~ ~ ~. Q O O ~' ~ ~ ~ o m ~- o ti o a Q m ~ ~ o 0 ~. ~ ~. o ~ `Q y ~ 0 ~ o ~ m a n;, ~ ~ ~. y =o ~ m m ~ ~ ~. ~'• a ~. o ~~ o.. ~ o o `° a~ '`' c~ y Q v y ~ a 0 m m v Q CD ~_ O N O (U c~ ~, v m O rn. ~. CD ~~ 0 N ~~ S~ ~. O O CD O 0 O N N s m ~' O c~D s 0 ~, ~- ~ R ~. ~ D cn a~ o + ~ ~' cn co ~ ~ °° -p -P ~ ~ ~ v ~ to - ~ m ~ ~ ~. to ~ o ~ ~' to ~ cu ~ ~ ~ m ~ - ~ ° ~ cn ~ y ~. y Q o o ~ `~ c m o ~. ~ ~ p ~ i o m ~- ~ o y N ~ 4 ~ o _ o ° ~ ^ ~ ~• o • ~ `° a~ N Q, ~ ° ~~ o °c a, ,_,,, ~ ~ ° ~ a ~ ~ N \° ~ ` ~ cfl ` \° ~ ~ m y. ~ =o ~ ~ y ~ m ~ . ' a ~ ~~ ~ • ~, o ,~ ~ „~ ~• ~ o ;-~ -' o o ~ o ~ ° ~ ~ ~ _ cD _ 0 0 0 0 ~ m Q ~ ~ ~ a~ ~ . o- O ~ 00 o 0 Oo ~ ~ ~ ~ ~ W ~_ ~ ~ 0 0 0 0 0 0 0 0 \ Qo ~ m m a~ a cD ~~ ~ ~ ~ ~ N ti ~. O O O O ~. m CD n v cn ~ ~, O ~ O O O •-~. N ~ ~, v~ N O C ~. ~. ~ ~ ~ ~. CD ~, O ~ ~ ~ ti O p -1, CD O y N ~ 0 N ~' m" . ~, u • ~ ~ ~' ~ ~ D G7 ~ Q ' Q v ~ /O C o s ~ 0 ~ O `'~''~ N ~' o - ~ ~ rte!- ` J Sv Q Q rn ~ i--h Q ~"f' ~ 0 0 O O N CD o 0 0 ~> ~ ~ _ ~• 11 n I p n I O ~, ~ ~ .~., ~ O ~ ~ ~ ~ ~ C ? fn ~ U~ ~ ? ? ~ 4 ~ Q 4 O Q~ Q.~ G1 ~~'i. O' CAD O- N C7 ? fy N ? y y ~' ,f1n ~ ~. o o~ 0 ° ° -~ o, a o ~ ~ y ~ °~~ v? c y ~ ~ Q p) -1 y 4 O c7 0 ~ ~~ ~ Q- n n •V ~' m O n N n (D "" G~i ~ O ,~ 4 C ~~ Q ~- a ~ o ~- ~ m O y ~~ O ~ O ~ ~~ N ~ ~ ~D ~. ti O O 4 ~' °o 1 ~ C O O n c a o ~~ 'o vCD, ~, ~. y c ~~ ~ ~~ Q Q 0 1 ~ ~ ~ a a_ ~ 1 fD ~ V1 y C ~ ~ O ~ tp • (^~+ 0 O. O ao (n CD ~. ~ ~ ~ ^} ~• O ~ O ~ ~ O ~ ~ a ~; ~~ ^~ O CD c~ 0 N' 0 41 ~ ~ ~ ~~" ~p ~, g "." ~` ~"",. -n ~ ~. -~ ~ Q ~ LC v O ~ ~ ~ ~ ~ ~~ o® ~~ ~ ~o 3 ~ ~ ~ ~ ~, D 0 m 0 rn 0 ~ _ ~ 0 ~ ~ ~ 0o ~ a ~ w o m o OQ o: m v ~' ^ 0 m v 0 v v Cep = O ~ ~ ~ ~ 3 c o `~~ o ~ ~ ~~ ~• ~. ~. x 3 y ? o v ~ ~ c Q ~- ~ o ~' ~ ~ ~ ~ o , ~ ~. . ~ ~ o v ~ in' 0 a 0 a m ~~ m ~. ~I Op 0 O O N ti v `C ti cD 4 CD v~' v 0 rn ~~ c~ v a s h' ~ Z 0 W ~ ~ ~ o ~ CD CD . a o cn a- ~ ~ ~ ~ o ~ ~ o _ 0 o ~ 0 ~ m ~ O O V 0~' ~_~ ~ O V I ~• O ~ O oa' ~ ~ m D o cn ^ O \V - Z 0 a m TT `V O w 0 ~ _~ / ^ v 1 \ W -~ 0 ^ ~ ,,^^ V/ ~ ~ O ~ N ~ o o ~ Q~ ~~ ~ o m cQ O ~ ~~~ cD ~ ~' ~` o a `V O r`^/ __!• `~ ~` v O 0 0 v. a n~ Vrn r,^V v! I ~_ O • CD ~ ~ a O ~ ~ ~. Q ~ O ~ ~~ ~ ~ ~ O a' Sy ~. ~~ v O ~~ _O v, , A~ A~ O N CD. /~ /~ O \/O ~V s tll p D H' < ® _D BR ~, 4 ~ pj pry «~ ~tl O O O n~ N O D O ~' Q ~ m ~ ~ a n ~ ~ CD ~ ~' N N ~ Q p ~ CD ~ • p S\S Q' ~ `~V \V ~ ~F O /~ `~/ ~ ~ ~ •^^' ~ N p ~ ~ ~, N ~ ~ O ~ c ~ COD ~ ~ ~ ~ ~ ~ N 0 # V a 0 0 m rn 0 D ~,m m 0 0 cQ ~~ ~ 'i ^ 0 m m 00 0 OO 0 ~~ -~ ~~ O CAD =, C N cD CA O ~ y ~ O ~ ~ ~ ~ O ~ ~. CD ~' `C. cu ~ O ~ ~~ \{J Q° O a~ ~ ~ ~ y ~ o can a ~. ~, 0 m cD 0 0 'H op pD O! 4 ., Ar .~ ]; _-; v ~. ~. .p ~. :~- C_J I~~ Wor/dng to reduce tobacco's impact art Idaho's hea/th Smokefree Idaho Endorsers • Activate America, Pioneering Healthy Communities Group • Ada County Medical Society • American Cancer Society • ACS CAN • American Heart Association • American Lung Association • Blue Cross of Idaho • Ted Challenger- Bar owner (China Blue, Dity Little Roddy's, Main Street Bistro) ~ . • Center for Community and Justice • The Community Center • Diversity News • Jim Everett CEO Treasure Valley YMCA • Gold's Gym • Healthwise • Idaho Academy of Family Physicians • Idaho Medical Association • Idaho Pulmonary Associates • Chad Johnson- Restaurant owner (The Reef and Legends) • Jason Kovao- Bar owner (Tom Grainey's, JT Toads, The Lift) • Dave Krick- Restaurant owner (Bitter Creek, Red Feather) • Tom Moroney- Restaurant owner (The Dutch Goose) • Oncology Nurses of Southern Idaho • POEM- Preventative Occupational and Environmental Medicine • Primary Health • Qualis Health • St. Luke's Health System • Kevin Settles Restaurant owner (The Bardenay chain) • Strategic Intelligence • Treasure Valley YMCA • Bany Werner- Restaurant owner (The Tavern and The Wine Shop) Current Idaho state law prohibits smoking in publicly owned workplaces, in restaurants, including attached bars, and in public places. Small business owners, employing five or fewer employees, may establish separately enclosed breakrooms for smoking, as long as employees other than custodial or maintenance employees are not required to work there. See ID Statutes, §39-5509 et seq. Meridian, Idaho At present, same Meridian workers are protected from secondhand smoke under the Idaho State Law that took effect in 2004 (outlined above). However, many Meridian workplaces and public places are not yet smokefree, allowing for many Meridian workers, residents and visitors to be exposed unnecessarily to dangerous secondhand smoke. Nationwide, thousands of cities across the country have considered the issue carefully and passed strong comprehensive laws to protect all workers from secondhand smoke. In addition,. 26 states have passed 100% protect in restaurants, and 24 states have passed 100% smokefree bar laws. The mountain of scientific evidence demonstrating the dangers of secondhand smoke shows that there is no safe level of exposure to secondhand smoke. This evidence has convinced lawmakers from coast to coast to take on this issue by passing strong smokefree ordinances locally, leaving no one unprotected. Exemptions are no longer acceptable and the majority of local laws passing since 2004 have been comprehensive, covering all workplaces, including all restaurants and bars. Idaho's current law does not protect: Bar workers, who encounter the heaviest most dangerous level of exposure. ° Workers in small businesses with 5 or fewer employees. ° Workers in Private Clubs, Theatrical Production sites, and tobacco retail establishments, and more. Recommendation for Meridian Ordinance: ~ The following gaps exist under the state law and are outdated. They should be covered when Meridian considers passing a local ordinance. In order for the city to pass effective law to protect everyone fairly, we recommend the following: • Remove bar exemption. ° Remove exemption for workers in small businesses with 5 or fewer employees. All workers deserve protection. This exemption allows smoking in break rooms and offers no protection to workers in these workplaces, since smoke from those break rooms can infiltrate into the- rest of the building. • Remove exemption for "Theatrical Production sites". It is unnecessary. Define "Private Club" to ensure that no workers in those establishments could be exposed to secondhand smoke. We recommend the following definition: "Private Club" means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to • govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. • Specify percentage under the current state Hotel/Motel exemption, providing a minimum of 80% of hotel/motel guest rooms as 100% smokefree. All common areas, hallways, and meeting areas, should also be 100% smokefree in hotels/motels. Other considerations: Reasonable Distance Provision Smoking shall be prohibited within a reasonable distance of 20 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to insure that tobacco smoke does not enter those areas. Nonretaliation; Nonwaiver of Rights A nonretaliation clause protects nonsmokers from retaliation by employers for exercising the right to a smokefree environment. The nonsmoking employee is protected from discharge, refusal to hire, or other retaliation. A nonwaiver of rights clause protects an employee who is required to work where smoking is allowed from waiving any legal rights he or she might have against the employer for damages suffered as a result of exposure to Public Education The purpose of this provision is to insure that the general public understands the purposes and scope of the ordinance. When people understand the health hazards of secondhand smoke and know just where smoking is prohibited, voluntary compliance with the law will be heightened. Governmental Agency Cooperation This provision will make it more likely that other governmental entities, even though not within the jurisdiction of the municipality enacting the ordinance, will nevertheless voluntarily extend the smoking prohibitions of the ordinance to their facilities. Other Applicable Laws This provision is designed to make it clear that even if certain places are not covered by the ordinance, smoking may nevertheless be prohibited in those places by other laws. Liberal Construction This is a standard clause that is used to direct the courts to interpret the law in such a way that the purpose of the law, to protect people from the health hazards of secondhand smoke, will be furthered. In effect, the clause requires the courts to resolve any ambiguities in the law in favor of that purpose. Severability This is a standard clause that preserves all other provisions of the ordinance even if one or more provisions are found to be invalid by a court. Please find complete ordinance language below, which will close the remaining gaps in the state law and provide protection to all workers in Meridian. Thank you in advance for considering this model language. We recommend passing a new ordinance using the following ordinance language. This model language has been used in many other communities across the country and has withstood legal challenges. The language is simple, fair, and protects all workers equally. Model Language for Meridian, Idaho: Sec. 1000. Title This Article shall be known as the Meridian Smoke free Air Act of 2009. Sec. 1001. Findings and Intent The Meridian, City Council does hereby find that: The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that. smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing smokefree workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer- reviewed studies shows that smokefree policies and laws do not have an adverse economic impact on the hospitality industry. (U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006.) Accordingly, the Meridian City Council finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. Sec. 1002. Definitions The following words and phrases, whenever used in this Article, shall be construed as defined in this Section: A. "Bar" means an establishment that is devoted to the serving of~alcoholic beverages for consumption by guests on the premises and in which the serving of • u food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. B. "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs. C. "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for anon-profit entity. D. "Employer" means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons. E. "Enclosed Area" means all space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling. F. "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. G. "Place of Employment" means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility. H. "Private Club" means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. I. "Public Place" means an enclosed area to which the public is invited or in which the public is permitted, including but not limited.to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, Laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food • • production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private club is a "public place" when being used for a function to which the general public is invited. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. "Restaurant" means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include abar-area within the restaurant. K. "Service Line" means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines. L. "Shopping Mall" means an enclosed public walkway pr hall area that serves to connect retail or professional establishments. M. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar; cigarette, or pipe in any manner or in any form. N. "Sports Arena" means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events. Sec. 1003. Application of Article to City-Owned Facilities All enclosed facilities, including buildings and vehicles owned, leased, or operated by the City of Meridian, shall be subject to the provisions of this Article. Sec. 1004. Prohibition of Smoking in Enclosed Public Places Smoking shall be prohibited in all enclosed public places within the City of Meridian, including but not limited to, the following places: A. Aquariums, galleries, libraries, and museums. B. Areas available to and customarily used by the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments. C. Bars. D. Bingo facilities. E. Child care and adult day care facilities. F. Convention facilities. G. Educational facilities, both public and private. • H. Elevators. I. Gaming facilities. J. Health care facilities. K. Hotels and motels. L. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. M. Polling places. N. Private clubs when being used for a function to which the general public is invited. O. Public transportation vehicles, including buses and taxicabs, under the authority of the City, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities. P. Restaurants. Q. Restrooms, lobbies, reception areas, hallways, and other common-use areas. R. Retail stores. S. Rooms, chambers, places of meeting or public assembly, including school . buildings, under the control of an agency, board, commission, committee or council of the City or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City. T. Service lines. U. Shopping malls. V. Sports arenas, including enclosed places in outdoor arenas. W. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. Sec. 1005. Prohibition of Smoking in Places of Employment A. Smoking shall be prohibited in all enclosed facilities within places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms; vehicles, and all other enclosed facilities. B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. Sec. 1006. Prohibition of Smoking in Enclosed Residential Facilities Smoking shall be prohibited in the following enclosed residential facilities: A. All private and semi-private rooms in nursing homes. B. At least 80% of hotel and motel rooms that are rented to guests. Sec. 1007. Prohibition of Smoking in Outdoor Areas Smoking shall be prohibited in the following outdoor places: A. Within a reasonable distance of 20 feet outside entrances, operable windows, and ventilation systems of enclosed-areas where smoking is prohibited, so as to insure that tobacco smoke does not enter those areas. B. In outdoor seating or serving areas of restaurants and within [recommended 15-20] feet thereof. C. In all outdoor arenas, stadiums, and amphitheaters, except in designated smoking areas, which may be established only in perimeter areas at least [recommended 15-20] feet from any seating areas or concession stands. Smoking shall also be prohibited in, and within [recommended 15-20] feet of, bleachers and grandstands for use by spectators at sporting and other public events. D. In all public transportation stations, platforms, and shelters under the authority of the City. E. In all outdoor service lines. F. In outdoor common areas of nursing homes, except in designated smoking areas, which must be located at least [recommended 15-20] feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. Sec. 1008. Where Smoking Not Regulated Notwithstanding any other provision of this Article to the contrary, the following areas shall be exempt from the provisions of Sections 1004 and 1005: A. Private residences, except when used as a childcare, adult day care, or health care facility, and except as provided in Section 1006. B. Not more than twenty percent (20%) of hotel and motel rooms rented to guests and designated as smoking rooms. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this Article. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms. • C. Private clubs that have no employees, except when being used for a function to which the general public is invited; provided that smoke from such clubs does not infiltrate into areas where smoking is prohibited under the provisions of this Article. This exemption shall not apply to any organization that is established for the purpose of avoiding compliance with this Article. D. Outdoor areas of places of employment except those covered by the provisions of Section 1007. Sec. 1009. Declaration of Establishment as Nonsmoking Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 1010(A) is posted. Sec. 1010. Posting of Signs A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this Article, by the owner, operator, manager, or other person in control of that place. B. Every public place and place of employment where smoking is prohibited by this Article shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. Every vehicle that constitutes a place of employment under this Article shall have at least one conspicuous sign, visible from the exterior of the vehicle, clearly stating that smoking is prohibited. C. All ashtrays shall be removed from any area where smoking is prohibited by this Article by the owner, operator, manager, or other person having control of the area. Sec. 1011. Nonretaliation; Nonwaiver of Rights A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 1013, violation of this Subsection shall be a misdemeanor, punishable by a fine not to exceed $1000 for each violation. B. An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. .- • • Sec. 1012. Enforcement A. This Article shall be enforced by the [Department of Health or City Manager or County Administrator] or an authorized designee. B. Notice of the provisions of this Article shall be given to all applicants for a business license in the City of Meridian. C. Any citizen who desires to register a complaint under this Article may initiate enforcement with the [Department of Health or City Manager or County Administrator]. D. The Health Department, Fire Department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. E. An owner, manager, operator, or employee of an establishment regulated by this Article shall inform persons violating this Article of the appropriate provisions thereof. F. Notwithstanding any other provision of this Article, an employee or private citizen may bring legal action to enforce this Article. G. In addition to the remedies provided by the provisions of this Section, the [Department of Health or City Manager or County Administrator] or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. Sec. 1013. Violations and Penalties A. A person who smokes in an area where smoking is prohibited by the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50). B. Except as otherwise provided in Section 1011(A), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction, .punishable by: 1. A fine not exceeding one hundred dollars ($100) for a first violation. 2. A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year. 3. A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year. C. In addition to the fines established by this Section, violation of this Article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. D. Violation of this Article is hereby declared to be a public nuisance, which may be abated by the [Department of Health or City Manager or County Administrator] by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City may take action to recover the costs of the nuisance abatement. E. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. Sec. 1014. Public Education The [Department of Health or City Manager or County Administrator] shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals, explaining the provisions of this ordinance. Sec. 1015. Governmental Agency Cooperation The [City Manager or County Administrator] shall annually request other governmental and educational agencies having facilities within the City to establish local operating procedures in cooperation and compliance with this Article. This includes urging all Federal, State, City, and School District agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke. Sec. 1016. Other Applicable Laws This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Sec. 1017. Liberal Construction This Article shall be liberally construed so as to further its purposes. Sec. 1018. Severability If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. Sec. 1019. Effective Date This Article shall be effective thirty (30) days from and after the date of its adoption. • February 13, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. S-A REQUEST Heroes Park Update AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS ~S~~ See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdtan. February 17, 2009 C, J ~ E t ~til. E¢~ sY -.r r.' ffi. s ,.~ __ . ~ ~: ~ '- __ `. .# c . '~ Y j #r~ ~ ~~~ L rat ~ `:., ~ ' ~~.~ "} '~;~ ' ~ } ` r ~x ri ~ :~ - ~ ,~ _~ t~ ~ ~~ ~,~ "' ~ ' '° ,l ,I a t ~ .'~ ~~' -_ ~ '~ i l ~ ',' l ~ ,~ .~. ~ ~~ . _ ~ f, ~' J F - `. ~ j l ~~ 3 ~, f ~`, r s , - - n _ ~ ~ ~ a _ -_ c ~, ._ ~ TI ~ • ~ n ~ _ - I ~ a y ~ _ ~ _ - C L .. L Ll 1" c . , ~ ~ ~ I _ f u ~=. -~ , ~ ~ t `~ ~ l L C • • ~ r _ r ~ r i - ' ~ aa ~~ ~ c l u ~s 7J ~2 - _ ,_ ~~ ~ . r, _ ~ ,1 ~ ~f ~ G _~x. ^ .h ~ ~ 1~~. 7t iF <d ~k~~' _~ ~ - m ~, ~ =L r t '. «' ,,, "'t~~ ~ I t' e ~,~ ~~ ~ ,~ f~i 1' ~~ ~ t4 ~ ~ ~ ~' ~ >, ~'f ~_~ ~ _ y ~~ X z ~ ~~ .~ ~ {~ ~ F 3` ~~ ~ ~' ~~~~. ~~ ~~ y 2 ~~ O ~a ~~$ ~ ~~~ q $~`s_ ~z'~ 3 g E~g~ • ~~ ;~ ~~ ~ ~ ~ ~~ r ~ ,~, ~ ~~ t~~ ~ ~~ a ~~ N M • February 13, 2009 MERIDIAN CITY COUNCIL MEETING February 17, 2009 APPLICANT ITEM NO. S-B REQUEST Parks & Recreation Fee Schedule AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See affached Date: Phone: _ Staff Initials: Materials presented at public mesfings shall become properly of the Cif~r of Meridian. QNSPri1i~' CJ Meridian Parks and Recreation 2009 Fee Schedule DRAFT 2/12/09 = Denotes fee change/addition/removs Activity Current Fee Proposed Fee % Change Voile ball Corn etative Men's, Women's, Co-Ed Team Fee 10 ames + tournament $250.00 $265.00 6% Late Fee er team $30.00 $30.00 0% Recreational Men's, Women's, Co-Ed Team Fee $100.00 $100.00 0% Late Fee team $30.00 $30.00 0% Basketball Men's, Women's, Men's Over 40 Team Fee 10 ames + tournament $400.00 $595.00 49% PIa er Fees min. 8 $15.00 Remove USSSA Fee $20.00 '-- Remove Late Fee $50.00 $50.00 0% S rin Softball Men's, Women's, Co-Ed Team Fee 10 ames + tournament $400.00 $640.00 60% Pla er Fees min. 12 $15.00 Remove ASA Fee $26.00 Remove Late Fee $50.00 $50.00 0% Men's Senior Softball Team Fee 16 ames $550.00 Remove Pia er Fees min. 12 $15.00 Remove ASA Fee $26.00 Remove Late Fee $50.00 Rerrtove Fall Softball Men's, Women's, Co-Ed Team Fee 8 ames. $200.00 $410.00 105°~ Pla er Fees` min. 12 $1.5.00 Remove ASA Fee if team is not ahead re istered $12.00 $12.00 0% Late Fee $50.00 $50.00 0% Softball Tournaments Adult Slo itch En Fee Parks 8~ Rec Hosted $185.00 $185.00 0% Girls Fas itch En Fee Barks & Rec Hosted N/A $350.00 New Field Rerftal for tournament r hour N/A $5.00 New Field. Pre for tournaments ( er hour N/A $15.00 New Girl's S rin Fast itch Softball U1Q U12, U14, U1t% U18 Team Fee 10 mes $350.00. $0.00 Remove Team Fee with ASA Fee not included $275.00 $420.00 53% Late Fee er team $50.00 $50.00 0% Girl's Fall Fast itch Softball U10, U12, U14, U16, U18 Team Fee 8 ames N/A $340.00 New Late Fee r team N!A $3D.00 New Dod eball Co-Ed, Open Team Fee 8 ames + tournament N/A $275.00 New Late Fee team N/A $30.00 New MPR 2009 Fee Schedule Draft 2/12/09 Page 1 of 4 • Activity Current Fee Proposed Fee % Change Shelter Fees: Extra Picnic Tables $3.00 $3.00 0% Alcohol Permit 5 hr. time block $20.00 $20.00 0% Amus. E ui ./Lrg Cano ies 5 hr time block er item $10.00 $10.00 0% Am lifted Sound Permit ( er day $20.00 $20.00 0% Park Use Application For Events der da $50.00 $50.00 0% Short Term Consessions Permit er da $25.00 $25.00 0% Store Park Blue 8~ Green Shelter Shelter Rental 1-50 eo le $30.00 $30.00 0% Shelter Rental 51-100 peo le $45.00 $45.00 0% Shelter Rental 101-150 eo le $60.00 $60.00 0% Shelter Rental 151-200 eo le $75.00 $75.00 0% Softball Field Rental er hour $10.00 $10.00 0% Softball Field Li hts er hour $15.00 $15.00 0% Voile ball Equi ment 5 hr time block blue shelter onl $10.00 $10.00 0% Tull Park Small Shelter Rental 1-30 eo le $30.00 $30.00 0% Large Shelter Rental 1-150 peo le $60.00 $60.00 0% Lar a Shelter Rental 151-200 eo le $75.00 $75.00 0% Lar a Shelter Rental 201-250 eo le $90.00 $90.00 0% Lar a Shelter Rental 251-300 eo le $105.00 $105.00 0% Softball Field Rental er hour $10.00 $10.00 0% Voile ball E ui ment 5 hr time block lar a shelter onl $10.00 $10.00 0% Multi-Use Fiend Rental er hour $10.00 $10.00 0% Chateau Park Shelter Rental 1-30 peo le $30.00 $30.00 0% Multi-Use Field Rental er hour $10.00 $10.00 0% Settlers Park Shelter Rental 1-50 eo le $30.00 $30.00 0% Shelter Rental 51-100 people $45.00 $45.00 0% Shelter Rental 101-150 people $60.00 $60.00 0% Shelter Rental 151-200 eo le $75.00 $75.00 0% Multi-Use Field Rental er hour $10.00 $10.00 0% Baseball/Softball Field Rental er hour $10.00 $10.00 0% Heroes Park Multi-Use Field Rental $10.00 $10.00 0% Seasons Park Shelter Rental 1-30 eo le $30.00 $30.00 0% Multi-Use Field Rental er hour $10.00 $10.00 0% Gordon Harris Park Shelter Rental 1-50 eo le $30.00 $30.00 0% Shelter Rental 51-100 eo le $45.00 $45.00 0% Multi-Use Field Rental er hour $10.00 $10.00 0% Bear Creek Park Shelter Rental 1-50 eople $30.00 $30.00 0% Shelter Rental 51-100 peo lee $45.00 $45.00 0% Softball Field Rental per hour $10.00 $10.00 0% Multi-Use Field Rental er hour $10.00 $10.00 0% Cham ion Park Shelter Rental 30 eople max. $30.00 $30.00 0% Multi-Use Field Rental per hour $10.00 $10.00 0% MPR 2009 Fee Schedule Draft 2/12/09 Page 2 of 4 ~ i Activity Current Fee Proposed Fee % Change Renaissance Park Shelter Rental 1-30 eo 7e N/A $30.00 New Multi-Use Field Rental efhour N/A $10.00 New Jabil Park Multi-Use Field Rental hour N/A $10.00 New Hertiage Middle School Ball Fields Softball Field Rental er hour $10.00 $10.00 0% S ecial Events Meridian Bam Sour 1 Mile Fun Run $8.00 $10.00 25% 6k/10k Run $18.00 $20.00 11% 1 Mile Fun Run Late Re istration $13.00 $15.00 15% 6k/10k Run Late Re istration $23.00 $25.00 9% Summer Sigler Basketball Team 4 la ers max $40.00 Remove Volte ball Team 4 la ers. max $40A0 Remove Inline Skatin $12.00 Remove Boise Hawks Famil Ni ht $10.00 $10.00 0% CableONE Movie Ni ht at Settlers Park Sin le Ni ht S .nsor Fee WA $250.00 New Presentirt S nsor Fee N/A $2,000.00 New Cam s Pla Camp 1 wk 7:30-5:30 Earl Re . $84.00 $84.00 0% Pla Cam 1 wk 7:30-5:30 $94.00 $94.00 0% Pla Cam 1 wk 9:00-3:00 Earl Re . $64.00 $64.00 0% Pla Cam 1 wk 9:00-3:00 $74.00 $74.00 0% Sorts Cams $39.00 $39.00 0% Ou#door Adventure Cam $150.00 $160.00 7% S hawks S orts Camp Full Da gam-3 m $118.00 $118.00 0% Skyhawks S orts Camp Half Da gam-12 m $98.00 $98.00 0% Winter Adventure Cam $96.00 $96.00 0% Christmas Art Cam $45.00 $45.00 0% Bogus Basin Mountain Discove Cam $134.00 $134.00 0% Whitewater Sam ler Cam $395.00 $395.00 0% Ka ak Skills Development Camp $495.00 $495.00 0% Jump Ro a Camp $39.00 $39.00 0% Activity Guide Classes Winter Fun Da s $15.00 $15.00 0% S rin Break Fun Da s $15.00-$35.00 $15.00-$35.00 0% Multi-Media Art Class $34.00 $34.00 0% Learn to Nordic Ski $28.00-$36.00 $28.00-$36.00 0% Snowshoe with a Ranger $15.00-$20.00 $15.00-$20.00 0% Creative Beadin & Jewel Making $20.00 $20.00 0% Beaded Loom Class $45.00 $45.00 0% It's About Couples $40.00 $40.00 0% Lifetime Love $150.00 $150.00 0% Adult Watercolar $35.00 $39.00 11°10 Boise Yo a Center Classes $43.00-$88.00 $43.00-$88.00 0% Fit & Fall Proof $5.00 $5.00 0% Scra booking Classes $5.00-$20.00 $5.00-$20.00 0% Hunter Education $10.00 $10.00 0% Creative Writin $50.00 $50.00 0% Adult Ballroom Dance Classes $35.00 $35.00 0% Preschool Fun $38.00 $39.00 3% Preschool Fun Plus N/A $46.00 New MPR 2009 Fee Schedule Draft Z/12/09 Page 3 of 4 Activity Current Fee Proposed Fee % Change Bab Si ns $75.00 $75.00 0% S anish for Tots $35.00 $35.00 0% Youth and Adult Horseshoes $8.00 $8.00 0% Youn Rembrandts Art Classes $35.00 $38.00 9% Famil S anish $35.00 $35.00 0% Conversational English $30.00 $30.00 0% Basic Winter Survival $15.00 $20.00 33% Bell danci $20.00 $24.00 20% Do It Yourself Plumbin Re airs $45.00 $45.00 0% Red Worm Com osting $10.00 $10.00 0% Papermakin $5.00 $5.00 0% Introduction to Metal Sculpture Art $15.00 $15.00 0% Intermediate Metal Scul ture Art $225.00 $225.00 0% Microsoft Excel Class $20.00 $20.00 0% Famil Raftin Tri $40.00 $40.00 0% Hike With a Ran er $8.00 $8.00 0% Karate Classes N/A $59.00 New Ja Hess Classes N/A $45.00 New Solar Gookin for B inners N/A $10.00 New Mons Man ement NiA $10.00 New Mania a Education for Sin les NIA $20.00 New B innin Piano NIA $100.00 New Photo rah N!A $45.00 New Bust Scul turin NIA $200.00 New Pencil.. Drawing NIA $30.00 New Balance and Posture Class NIA $59.00 New Activi Guide Ads Back Cover Full Color $400.00 $400.00 0% Full Pa a $320.00 $320.00 0% 1/2 Pa a $160.00 $160.00 0% 1/4 Pa a $80.00 $80.00 0% 1/8 Page $40.00 $40.00 0% MPR 2009 Fee Schedule Draft 2/12/09 Page 4 of 4 February 13, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Community Relations Update AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i February 17, 2009 ITEM NO. S-C • February 13, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Call In /Call Out Policy AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeMngs shall become property of the City of Meridian. • February 17, 2009 ITEM NO. S-D • • CITY OF MERIDIAN STANDARD OPERATING PROCEDURE NUMBER 3.4.5 SUBJECT: ON-CALL/CALL OUT DUTIES AND COMPENSATION PURPOSE: To provide guidelines regarding employees being on-call and being called out to perform emergency work beyond normal working hours. POLICY: Certain City employees may be placed on the on-call duty as directed by the Department Director or their designee. On-call duties are defined as being reasonably available to respond to City business during hours beyond the employee's normally established workday. AUTHORITY AND RESPONSIBILITY: Department Directors, or their designees, shall be responsible for establishing an on-call roster, scheduling on-call schedules, and ensuring that proper records are kept and submitted to record time worked. PROCEDURES AND RELATED INFORMATION I. ON CALL PERIOD A. On-call hours are defined as those beyond the employee's normal work schedule, including City recognized holiday. B. An on-call employee forfeits their on-call duty if he/she calls in sick or goes home sick. The Supervisors shall be notified and may arrange alternate coverage. An employee may retain their on-call duty if the employee uses sick leave to attend an appointment during work hours and will be available for on-call duty at the end of their normal workday. If an employee simply has an appointment but is not ill they may keep their On- call duty but are required to call the office before 5:00 PM to be updated on pertinent information C. Employee must respond to the call within the specified period of time designated by their respective departments. D. Failure to respond to request for assistance or to respond within the time specified can be the subject of discipline up to and including termination. This applies to both on-call assi~unents and call-out response. • . DEPARTMENTS I. PUBLIC WORKS -WATER A. All on-call employees must have a minimum of a current Class 1 Water Distribution License issued by the State of Idaho. B. The maximum response time for an emergency call out shall be one (1) hour. C. On-call duty is mandatory for licensed operators unless the Superintendent expressly approves an exclusion. D. If an employee uses sick leave for a medical appointment but is not ill they may keep their on-call duty. However, the employee is required to contact the office before 5:00 PM to be updated on pertinent information. E. A supervisor must approve trading on-call duties before the end of the work period. II. PARKS A. Any employee on-call must respond within one (1) hour of the re nest for assistance. B. On-call duty is mandatory for Parks Maintenance personnel unless the Parks Superintendent or Parks Director ex rp essly approves an exclusion. III. PUBLIC WORKS -WASTEWATER A. Currently only as designated by the Superintendent of the Wastewater Treatment Plant. B. The maximum response time for an emergency call out shall be one (1) hour. IV. POLICE A. Any employee on-call must respond within thirty (30) minutes of the request for assistance. • V. COMPENSATION A. ON CALL "On Call" is a mandatory job requirement for certain positions. Although it is a condition of employment, the City of Meridian does recognize that being on-call may have some limited restrictions upon an employee's off work time and opportunities. Because of this the City is willing to compensate the employee accordingly at the defined rate of: Weekdays - 1 hour per day; Weekends - 2 hours per day; Holidays - 4 hours per City-recognized holiday. (Example: Standard 40 hour work week/M-F/8-5=9 hours of extra pay) All "on-call" time will be compensated as "extra hours" on the employee's time sheet. The time will not count as hours worked" for Fair Labor Standards Act (FLSA) purposes and cannot be paid or counted towards pay at an overtime rate. The employee will be paid their straight time for the specified amount. Weekdays and Weekends refer to the calendar days not the employee's schedule. Most "on-call" schedules will be consistent with the employee's regularly scheduled work week, but maybe altered at the discretion of the supervisor or Department Director. B. CALL OUT "Call out" is also a mandatory job requirement for certain positions. If an employee is called to return to work it is only at the discretion of the supervisor not the employee to excuse the employee from returning to work. Although it is a condition of employment, the City of Meridian does recognize that being called out may have some limited restrictions upon an employee's off work time and opportunities. Because of this the City is willing to compensate the employee accordingly at the defined rate of: Minimum of one (1) hour straight time; Remaining time to be added to the employee's standard work week. The on-call employee will be compensated at their actual hourly rate until the completion of the event giving rise to the call out. Compensation for call outs begins when the employee leaves their location to respond and ends when the need for the call out ends and the employee e returns to their original location or has the ability to return if the employee chooses to go elsewhere. C. OTHER Paid leave (sick or annual) and holidays do not count toward the forty (40) hours in accordance with the FLSA. > x a , f f i 3~ ~ ~ : ~ ~ s ~ ~~ G ~. a 7 February 13, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Employee Compaints Policy AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • February 17, 2009 ITEM No. 5-E COMMENTS • CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 1.3 SUBJECT: EMPLOYEE COMPLAINTS PURPOSE: To provide an avenue for an employee to register complaints or concerns and to allow for unbiased review of the allegations and for a reporting procedure. POLICY: Employees are allowed to register complaints by employees regarding unfair or inequitable treatment of the employee or another employee or for alleged violations of City policy. Anonymous complaints maybe investigated at the discretion of the Human Resources Director. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible to investigate the complaint, concerns or allegations to administer this policy. Human Resources can use whatever resources are necessary or available to investigate the claims. PROCEDURES AND RELATED INFORMATION Human Resources shall create an Employee Complaint form and make it available to any employee. The form shall also be available on the City employee infra-net website. Any complaints regarding the Human Resources Director or persons related to the Director shall be reported to the Mayor. The Mayor may then direct the most appropriate manner in which to investigate the allegation. Human Resources shall be responsible to investigate all other complaints that are received. Whenever appropriate the Human Resources Director will report the results of the investigation to the Director of the appropriate Department. The Human Resources Director shall report findings to the Mayor. • February 13, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Police Department Strategic Focus Discussion AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials• • February 17, 2009 ITEM NO. S-F COMMENTS Materials presented at public meetings shall become properly of the City of Meridian. • Police Department Strategic Focus Discussion February 17, 2009 Divisions Patrol •Unifonn Patrol •TraRc Team •K-9 Unit •Bigcles •NCO Community Services •Records •VctimlWMess •Crime Malysis •Mimal Control •SRO •Crime PreventioNDrug Grant Divisions Criminal Inveatigatlons •Crimes against Persons/Children •Property Crimes •Intemet Crimes •FinanciaUFreud Crimes • Mission Statement To provide the highest quality of service, in partnership with our community, to preserve and protect life and property through education, prevention and enforcement. * Community safety through proactive education and problem identification solving. I ~ r'~ ~ - - s~~ `% - s~~ ~~ ~ D----= 7 7 ~ ~ ~ I C~ sa_ P""" Y~aet 1 Initiatives *Law enforcement visionary group *Understand and provide input for opportunities * Seek out additional partnerships *Same, Similar or same resources * Work closer with Council Liaison *Understanding of Council priorities *Futute planning • Ir11t1at1VeS (continued) *Management of emergency events-Prepare for future. *Human caused or natural *Training ICS/NIMS *Emergency planning with city/department Strategic Growth ~t Be responsive, innovative and opportunistic in planning for growth...plan for infrastructure needs.... *Adjust staffing to accommodate existing growth 'kR,ecognize delays to Vein staff *Adjust/add staffing for patrol, CID and support staff * Acceptable formula to add staffing * Officers per thousmmd *Offers per square mile * Proper formula for addition of support staff Services Meet Demand *Meet the current demands... while preparing for future.... Follow-up... to meet... demands. *Now is our time to plan for futtue *Future anticipated needs *Update policies, procedures, training *Re-exam priorities ytIn-depth look at local ordinances *Update, add or delete Economic Excellence *Divers~ the economic opportunities within the comprehensive plan *Support Directors, Mayor and Council *Recognize the role police play in this *Safe place to do business *Low crime mte (welcome for living & working) Organizational Excellence *Constantly improve the quality of our service to our community. *C.A.R.E. values *Survey's (internal & external) *Face to face input *Civic groups *Town hall meetings Organizational Excellence hoomo~l * Use information technology to enhance staff's ability to respond efficiently and effectively. ytUnified tracking database ~.~ «ty aepar[merts) *Utilize in house programmer in Tl' *Web site communication * On-line reporting and more • C~ Organizational Excellence (continaea) *Positioning the city to... achieve strategic growth and maintain quality of service *Keeping people safe ,t Maintain training of our staff *Mamtain quality minded and safe equipment ~tRecruiting quality applicants to work force Stewardship of the Public Trust *Demonstrate financial responsibility... encourage fiscal conservatism. *Energy efficiency (fuel, lights, etc) ,t Staff efficiency (doing things rightlthe right way) *Doing more with less...less money and same staff A Few Current Projects * Updating current policy and procedures manual * Preparing for accreditation assessment with ICOPA * Studies staff efficiency in regards to report writing, evidence collection and report forms used. * Improvement to our awazds program from once per year to timely recognition * Prescription drop off program * Fundraisers for K-9 unit * History of Meridian PD * Seeking grants for new bicycles and SWAT equipment i Our present reality # We all know that economic status across the state *Police academies have been cancelled until July * We have six applicants waiting for an academy slot * Our phone system is full and will need to be upgraded * Our department is at capacity and a space assessment is necessary. * We still need a long teen solution for firearms training. *Bryne Grants-investigations resources * COPS Grants-match has been waived Comments/Questions Thank You