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HomeMy WebLinkAbout2009-07-14E IDIAN~%--~- 0 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, July 14, 2009 at 7:00 p.m. 1. Roll-call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Led by MYAC Members 3. Community Invocation by Retired Pastor Burton Roberts: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Contract with University of Idaho for Parks User Income Survey (CDBG) for $15,445.25: Approve B. Chance Orders No. 1 8~ 2 for Ten Mile Creek Sewer Crossing for Chance Order No. 1 a Net Increase of $4,455.00 and for Chance Order No. 2 a Net Decrease of $4,200.00: Approve C. New Beer & Wine License Application for Shari's Management Corporation dba Shari's of Meridian Located at 895 South Progress Ave.: Approve D. Professional Service Agreement with Tom Phelps for Musical Talent for Concerts on Broadway: Approve E. Resolution No. 09-675 Resolution Declaring Intent to Convey Real Property to the Ada County Highway District pursuant to direction given during Public Works Department Report at the July 7, 2009 City Council Meeting;. Directing Clerk to set public hearing to authorize the conveyance: Approve Meridian City Council Meeting Agenda -July 14, 2009 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~. 6. 1. MYAC Update on AIC Conference: Updated 7. 1. Discussion on Exchange of Real Property for Heroes Park: Discussed 2. Resolution No. 09-676 Intent to exchange real property. Trades a .09 acre portion of Heroes Park fora .15 acre parcel of adjacent property to provide pathway access between the northwest boundary of Heroes Park and North Ten Mile Road; directs City Clerk to set a public hearing to consider approving the trade of real property: Approve F. Memorandum Agreement Amendment to Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 for Wage Schedule from October 1, 2009 Until September 30, 2010: Approve Department Reports: A. Mayor's Office: B. Legal Department: Items Moved from Consent Agenda: None 8. Continued Public Hearing from .July 7, 2009: RZ 09-002 Request for Rezone of 10.13 acres from R-8 (medium density residential) to TN-R (traditional neighborhood residential) zone for Crossfield by Pride, LLC - south side of W. Ustick Road and west of North Blairmore Way: Prepare Findings of Fact and Conclusions of Law for Approval 9. Ordinance No. 09-1421 Ulpdatina Licensing Code Provisions: Approve 10. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Adjourn at 10:15 P.M. Meridian City Council Meeting Agenda -July 14, 2009 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting July 14, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, July 14, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Clint Dolsby, Jeff Lavey, Joe Silva, Sonya Wafters, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call this meeting to order. We'd like to welcome everyone that joined us this evening and thank you for being here. I'll start tonight's meeting with roll call attendance. Oh, for the record, it is Tuesday, July 14th at 7:00 p.m. We will start with roll call. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is our pledge of allegiance. Tonight we will be led in the pledge by our Mayor's Youth Advisory Council. If you guys will come forward and lead us in the pledge. (Pledge of Allegiance recited.) De Weerd: Now, I do have some City of Meridian pins to present to you young people that just led us in the pledge. Since you didn't know I was going to do that. Thank you for being here this evening. Item 3: Community Invocation by Pastor Burton Roberts: De Weerd: Item No. 2 -- or 3 is our community invocation. Tonight we will be led by Pastor Burton Roberts and he used to be associated with the church, but now he is retired. And well deserved. We sure appreciate you being here with us this evening. Roberts: Pleased to be here. And it's my first time in the new building, as far as being a part of this moment, so I'm just finding myself just going wow. It even feels different in here. You people look like you're a little further apart, have more time to get acquainted with each other and all of that, so my privilege to be here, Mayor. Meridian City Council July 14, 2009 Page 2 of 24 De Weerd: Thank you. Roberts: Most kind and gracious Heavenly Father, what a joy it is to know that we can always come to you and find in you the strength we need for every day. It's my privilege tonight, Father, to bless the City of Meridian and ask your blessing upon the Mayor, upon the Council members, all those that work in our fine city, the fire department and the police department, God, at a time like this when there are so many things that are testing all of our lives in many ways, we ask, Father, this night that you would pour out your Holy Spirit in a very special way upon our city and cause each one of us, Lord, to have a growing awareness that you have plans for us as a city and that they are good. You have plans for each one of our lives and they are good. So, we thank you, Father, as we bless everything that happens tonight. May you grant great wisdom and guidance to each decision that is approached this night. We ask all these things in Jesus' wonderful and mighty name, amen. De Weerd: Thank you, Pastor Burton. Have I given you a City of Meridian pin? I'll give you one officially as a resident of the City of Meridian. Thank you for being here. Item 4: Adoption of the Agenda: De Weerd: Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: A couple items on the agenda. Under the Consent Agenda just a comment on Item D and that's a reminder to everybody that there will be another Concert on Broadway this Saturday. It doesn't change what the agenda says, but I just wanted to -- Bird: 6:30. Zaremba: 6:30. Yes. 6:30 this Saturday. The last one was delightful and this one is supposed to be jazz and be good. Okay. Now, really, the agenda. Under the Consent Agenda, Item E, the resolution number is 09-675. Under Department Reports, B, Legal Department, item 2, the resolution number is 09-676. On the regular agenda, Item 9, the ordinance number is 09-1421. And, then, we need to add an Item 10, which is an Executive Session for Idaho State Code 67-2345(1)(f) to consider and advise legal representatives in pending litigation. And with that I move we adopt the agenda as amended. Hoaglun: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. Meridian City Council July 14, 2009 Page 3 of 24 MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Contract with University of Idaho for Parks User Income Survey (CDBG) for $15,445.25: B. Change Orders No. 1 & 2 for Ten Mile Creek Sewer Crossing for Change Order No. 1 a Net Increase of $4,455.00 and for Change Order No. 2 a Net Decrease of $4,200.00: C. New Beer & Wine License Application for Shari's Management Corporation dba Shari's of Meridian Located at 895 South Progress Ave. D. Professional Service Agreement with Tom Phelps far Musical Talent for Concerts on Broadway: E. Resolution No.: Resolution Declaring Intent to Convey Real Property to the Ada County Highway District pursuant to direction given during Public Works Department Report at the July 7, 2009 City Council Meeting; Directing Clerk to set public hearing to authorize the conveyance: F. Memorandum Agreement Amendment to Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 for Wage Schedule from October 1, 2009 Until September 30, 2010: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As noted, Item E is resolution number 09-675. And I move that we adopt -- orapprove the Consent Agenda and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council July 14, 2009 Page 4 of 24 De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. MYAC Update on AIC Conference: De Weerd: Item 6. Tonight we have the privilege of having three of our executive officers for the Mayor's Youth Advisory Council and these three represented the City of Meridian at the Association of Idaho Cities conference last month. They are here to report to Council of their experiences. So, I will tum it over to the three of you. E.Nary: On the first night of the Association of Idaho Cities -- De Weerd: First introduce yourself. E.Nary: Oh. I'm song. I'm Eli Nary, the chair of the Meridian Mayor's Youth Advisory Council. Now, on the first night of the Association of Idaho Cities we had a small get together to basically get to know the other cities and know the representatives from the other cities around the Treasure Valley and around the state of Idaho in general. Now, we -- we were mixed together in a way, you know, where we introduced our name, where we were from, and what kind of color was our favorite or what the name of a pet or ours was and we did this a couple times and, then, it came to the last time and, then, the man that was leading it, his name is Matt McCarter, asked us what were the issues that were -- that were the biggest struggles for the youth in your city. Now, when you're put on the spot like that, it's kind of hard to think of what is the main issue, you know, because everyone has the same issues around the state that, you know, we all have problems with teen violence, teen drugs, teen pregnancy, you know, those issues don't change throughout the state and so that's something that we all realize at the Association of Idaho Cities, is that no matter how hard our struggle is, it's the same all around the state and we can look to other -- other cities and other areas around the state for guidance in how to -- how to make it better. Now, one of the things that the focus was becoming a better leader for our community. The first thing that we talked a lot about was becoming a better speaker. One of the things that they said was that if you're not a good speaker you can't captivate anyone. If you can't lead someone with your words, how can you lead them with your actions? Now, the second thing that we talked about is taking risk that can pay off in ways unimaginable. You know, by taking simple risk like we have with things with the Idaho Meth Project or other projects that we have worked on, we have been able to make huge benefits to our -- to our city in general and to the youth of not only Meridian, but of our state. The third thing that we talked about was addressing issues teams are up against and I touched on this lightly in my introduction, but we also talked about how to fix them. Now, there are many different ways to fix them, but I think the main thing that we teamed was that to fix these Meridian City Council July 14, 2009 Page 5 of 24 problems we need to be out in our community. It's not -- if it's only us three, we won't be -- we won't be getting anywhere. If it's our youth council in general, we will be getting much farther. One of the other things we talked about was -- outside of the conference was some relationships that we had created with these other youth councils around the Treasure Valley. There has been talk of having a leadership council for all of the advisory councils around the Treasure Valley. Now, this has been attempted before, like Janelle has said, it hasn't been attempted by us. And so I think the one thing that we can all take away from AIC this year was that -- that it made us a better leader, which will help out our advisory Council this year and I want to thank you all for letting us have that opportunity. Thank you. De Weerd: Thank you, Eli. J.De Weerd: Hi. I'm Janelle de Weerd and I will be the vice-chair on the Mayor's Youth Advisory Council. While at AIC we just went to a lot of workshops and a lot of group bonding activities and with the group bonding it just showed you how you can walk into a room with a bunch of strangers and you walk out of that experience having friends or people that you can contact in the future to make your community even a better place. Like I know that with the beer and wine tax, Rexburg and Nampa, we are partnering with them to just make a stronger effect and have that hopefully pass legislation this coming season. And not only that, but we have ties with Nampa and Caldwell. We are hoping that this year we can do a few events with all of us together, just showing that the impact of the youth is that much important in our community and that we just need to get things done and show that as a youth basis we can all be united and that just shows that the adults can be united just as easily. It doesn't matter where you come from, it just matters what you get done during the time. While we were there we learned a lot about leadership. As Eli said, you can't tell people just what they are saying, you have to word it the right way and just make an impact on them. We teamed a lot about speaking and just overall the whole AIC was a ton of fun. We teamed a lot and we came out stronger leaders and stronger speakers. We -- we have the skills now that can help us throughout the next three -- two or three years of our high school with MYC. We are now prepared on what we need to do to make a difference in our community and we are that much more likely to do it. Thanks. De Weerd: Thank you, Janelle. Wilder: Hi. My name is Amanda Wilder and I definitely think that the AIC conference was beneficial for all of us that went. Not only did it teach us how to become better leaders in ourselves, but it taught us how to teach everybody else to become better leaders, because ultimately that's the goal that we are trying to do. We want not only to help ourselves, but to help the rest of our Mayor's Council -- the rest of the councils in the community and to help all those community members and definitely that's what they are teaching us how to do and as a leader in several schools events, I not only teamed experiences that I can team here, but that I can use to help kids grow and become better people and a lot better ways and all the experiences we teamed -- we had a mock city council meeting, we did rope courses that taught us a lot of team work Meridian City Council July 14, 2009 Page 6 of 24 abilities and definitely when you're getting hoisted up in the air by 15 kids you don't -- and dropped, you have got to learn trust and all those activities that taught us a lot about ourselves and a lot about how much we really do need to trust ourselves and everybody else in our community and that's how you can accomplish great goals and I think that over this year we can accomplish those goals, because we did learn all those experiences. This conference taught us how to not only take those leadership skills, but also how to branch them out and create those goals. So, we have a plan and know how to map it out so we can be successful this year and I think that this conference was a great opportunity for all of us and for the rest of the youth in the community and we will definitely take these experiences and we are so thankful that you guys were able to fund us, because it definitely will help us this year. Thank, you. De Weerd: Thank you, Amanda. Now, didn't your chaperon get hoisted up in the ropes course as well? How did that go? E.Nary: Like splashing cold water on a cat. De Weerd: Council, any questions for -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: I just want to thank these young folks for taking the time to do this and being involved in the youth council as well. But it sounds like your time was well spent and it sounds like you enjoyed it, which is important at your age. If you didn't enjoy it, you probably wouldn't continue on, so make it fun, continue to team, and we are proud of you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I thought it was nice that the youth contingent was visible at the conference and I know you had educational experiences, but you also had some fun ones as well and I think that's great and I have to say I'm impressed with the young leadership that is coming along, you guys and some of your other peers that were there that I got a chance to talk to and I think it's definitely worth it to the city to have you go or whatever representatives are in the Mayor's Youth Council go again next year. De Weerd: Thank you. And these guys will be meeting tomorrow and mapping out some of the plans they have for the upcoming school year. So, they have a good basis of information to take to that discussion. I know they have a lot of good ideas -- or a lot of ideas. They will figure out how good they are throughout the process. But thank you for being here and thank you, Luke, for the tolerance of the chaperon position and the good sport in doing the ropes course. Okay. Anything further from the three of you? Meridian City Council July 14, 2009 Page 7 of 24 J.De Weerd: Well, thanks for having us. I mean it was an awesome opportunity that we had and we really have you guys to thank, because without you I'm sure we wouldn't have gone. So, thank you, we really appreciate it. De Weerd: Thank you. And you don't have to stay the rest of the meeting, unless you want to. B. Legal Department: 1. Discussion on Exchange of Real Property for Heroes Park: De Weerd: Okay. Item 6-B is our Legal Department. Mr. Nary, the first item. Nary: Madam Mayor, Members of the Council, I can briefly do it. Mr. Siddoway is here as well. I think he probably knows more about it than I do, but, really, this is a fairly simple exchange and, then, item number two is related to the exchange. This is a property exchange along Heroes Park around the northwest portion of the park that abuts the -- I think it's the Church of Christ? It was a church property that's adjacent to the park and this is an exchange of a portion of the park's property, I think .9 acres for 1.5 acres on the north side of the church that could be, then, turned into a pathway. So, there is an access path that, again, Mr. Siddoway could probably tell me. I looked at the legal -- it appears like it would line up with the path that's around Heroes Park, so I think that's the intent, but -- so, it's a very small property exchange, this is part of the process to get that accomplished. But I'll let him do the rest. Siddoway: Madam Mayor. Thank you, Bill. I think Mr. Nary is right and we had originally thought of creating easements for in where we are trying to get an easement across the church property for the pathway to connect out to Ten Mile Road and they currently have part of their existing parking lot that sits on a portion of park property and we had thought about swapping easements and, then, through previous discussions decided that it would be a lot cleaner, rather than easements, we simply just quitclaimed the land to one another, so that we owned the pathway and they owned their parking lot. So, that's what this does. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Yes. Meridian Ciiy Council July 14, 2009 Page 8 of 24 Nary: And, Madam Mayor, so on item two the action the Council could take would be to approve the resolution that would, then, set into motion a public hearing notice for then -- for both that item and the item that was on the Consent Agenda, we could get those noticed and have a public hearing on the property exchange. Z. Resolution No.: Intent to exchange real property. Trades a .09 acre portion of Heroes Park fora .15 acre parcel of adjacent property to provide pathway access between the northwest boundary of Heroes Park and North Ten Mile Road; directs City Clerk to set a public hearing to consider approving the trade of real property: De Weerd: So, Mr. Nary, you need to pass a resolution to start that process? Nary: Yes, ma'am. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve resolution 09-676. Bird: Second. De Weerd: I have a motion and a second to approve the proposed resolution 09-676. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: There were no items moved from the Consent Agenda. Item 8: Continued Public Hearing from July 7, 2009: RZ 09-002 Request for Rezone of 10.13 acres from R-8 (medium density residential) to TN-R (traditional neighborhood residential) zone for Crossfield by Pride, LLC - south side of W. Ustick Road and west of North Blairmore Way: Meridian City Council July 14, 2009 Page 9 of 24 De Weerd: So, we will move to Item No. 8, which is a continued public hearing from July 7th for RZ 09-002. There was no public testimony accepted that day. It was just requested to continue, so this is the first hearing of this item. Mr. Friedman. Friedman: That's correct, Madam Mayor, Council Members. Mrs. Wafters will be giving you the initial presentation on this application this evening. Wafters: Thank you, Madam Mayor, Members of the Council. The next item before you is a rezone request for nine -- or excuse me -- 10.13 acres of land from R-8, medium density residential, to TN-R, traditional neighborhood residential. Because the TN-R district requires a minimum of two housing types, the applicant is including the previously platted single family lots to the south in the subject rezone request. The property is located on the southwest comer of Ustick Road and Venable Lane. The site is designated as mixed use community within a neighborhood center on the Comprehensive Plan future land use map. Staff believes the requested TN-R district is consistent with this designation. The diagram on the right is included in the Comp Plan as a concept layout for a neighborhood center. This plan reflects an urban environment with a range of medium to high density residential uses and a commercial core. The proposed concept plan is consistent with this plan, except a commercial component is not included on this site. There are, however, commercial uses northeast of the site and undeveloped commercial property directly across Ustick that contributes to the variety of uses within the neighborhood center. There is also undeveloped property to the east across Venable Lane that may include commercial uses upon development. The conceptual development plan submitted by the applicant shows how the site may develop in the future with five 16 unit multi-family structures consisting of a total of 80 dwelling units, a pool, clubhouse, 20 alley loaded single family residential lots, two attached single family residential lots, and three detached single family residential lots. The overall growth density for this site is estimated at 10.37 dwelling units per acre, with a net density of 12.34 dwelling units per acre, which is consistent with the MUC land use designation and TN-R zoning. A revised concept plan was submitted after the Commission meeting that depicts the private vehicular connection to Venable Lane and the extension of the pedestrian pathway on the east side of the site to West Stanhope Street, as recommended by the Commission. The changes made to the site plan are shown in red there. Conceptual building elevations were submitted for the multi-family structures and have been revised since the Commission hearing, per discussions with staff on another project in accordance with design standards. Besides the revised concept plan elevations, no other written testimony has been received since the Commission hearing. The Commission recommended approval of the rezone application with the development agreement, which includes access to Venable. However, the initial and revised concept plans and elevations are not part of the recommendation for inclusion in the development agreement. Because the site is designated as a neighborhood center, staff believes it should have more of an urban character consistent with the objectives and guidelines of the design manual. The site design and elevations will be evaluated through the design review process based on the adopted guidelines identified in the staff report and the design manual. Key Commission changes to the staff recommendation are as follows: The deletion of the Meridian City Council July 14, 2009 Page 10 of 24 requirement for private-public streets to be provided within the multi-family portion of the site for addressing purposes. The addition of a requirement for the developer to provide an address identification sign at each entrance to the multi-family development and the addition of a requirement for the developer to work with staff and ACHD to construct a partial collector road from Ustick to Stanhope, utilizing the right of way offered as a donation at the Commission hearing by Joe Simonich. Outstanding issues for City Council. The staff recommends that DA provision H be modified to include the following text: The developer shall construct a detached sidewalk along the east property boundary from West Ustick Road to West Stanhope Street on the subject property. If Mr. Simonich dedicates right of way for the future extension of Venable Lane, the developer is responsible to place barricades at the north and south ends of Venable Lane if required by ACHD. Staff met with ACRD staff after the Commission hearing to discuss the extension of Venable Lane if Mr. Simonich agreed to donate right of way. It was determined that there is currently not enough room to construct a street with the location of existing power poles, fencing, and drainage ditch. For this reason ACHD agreed to accept unimproved right of way for future construction of Venable Lane upon development of the Ward property to .the east. In summary, the Commission recommended approval of the rezone and development agreement with the changes in the DA previously mentioned, but did not recommend inclusion of the concept plan or elevations in the development agreement. Future site design and elevations will be evaluated through the design review process based on the guidelines in the design manual for urban and residential development as appropriate. Staff will stand for any questions the Council may have at this time. De Weerd: Council, any questions at this point? Bird: I have none, Mayor. De Weerd: Okay. Does the applicant want to come forward. Good evening. If you will, please, state your name and address for the record. McKay: Becky McKay. Engineering Solutions. 1029 North Rosario, Meridian. De Weerd: Thank you. Rountree: Good evening, Madam Mayor and Members of the Council. I'm representing the applicant Russ Honeymiller on this particular project. Just to kind of give the Council a little brief history of what transpired on this particular parcel, back in 2005 this area was included as part of the original Crossfield preliminary plat annexation application and planned unit development. At that time the Council asked the developer and made it a condition of approval that we delay development of this 5.83 acres located at the northwest comer -- or northeast comer of the Crossfield project for a minimum of two years to buy some time so that in the event that the Ward property, which is located on our east boundary and is approximately 15 acres in size, would have an opportunity to develop and, then, possibly we could coordinate the two developments and the Venable Lane could be constructed. We have waited three and Meridian City Council July 14, 2009 Page 11 of 24 a half years and the Ward property never did come in. I was told that multiple offers were made to the Ward family, but Mrs. Ward, who is, I believe, in her 80s, wanted to just keep it as is. In those years since 2005, obviously, market conditions have changed dramatically and there is a demand right now for apartments development in this particular area. Along this Ustick corridor, if you drive down that -- between Meridian Road and Linder or even over to Ten Mile, there are no real multi-family developments along -- along that corridor, so we felt that this would, obviously, compliment the neighborhood center by bringing in amulti-family component and would provide a necessary service along that Ustick corridor. We included in our rezone the 10.13 acres, because it was staffs recommendation that we request a TN-R versus an R-15 zone, based on the neighborhood center designation on your comp plan. In order to meet that criteria we had to have at least what they call two different products. We had already in the original Crossfield project had attached single family, detached single family, alley load, accessory dwelling units. Our lot sizes varied considerably and as we move southward as consistent with the neighborhood center plan, the densities decrease and the lot sizes increase, so that as we got down to the southern portion by Five Mile Creek that we were consistent and compatible with the adjoining development, because this particular piece of property was -- was like an in-fill parcel. There was a debate about -- about a commercial component in this -- in the Crossfield development initially and the Council kind of put that on hold. They said, you know, if nothing happens in the two years in our development agreement -- or in our findings it said you can come back with a residential component if you so choose. So, that's kind of where are right now. What's before you this evening we are showing a clubhouse and a pool. We have got a large fountain park area, we are trying to create a little plaza effect, interconnect to the existing pathway. We do have amulti-use pathway running east and west along the Creason lateral. Sonya, could you switch to the -- the vicinity map? Wafters: You mean this one right here? McKay: Yeah. That's fine. Wafters: Okay. McKay: There is a multi-use pathway that runs along Five Mile Creek. There is also a multi-use pathway -- oh, further south. Right here. There is also amulti-use pathway running along the Creason. We ended up with -- oops. If I touch it it changes, right? I hate that. We ended up with multiple open space areas with interconnecting pedestrian pathways and with this particular project we would be linking into some of those existing pedestrian networks and -- De Weerd: You can draw on it. How does she do that? You tap the -- Holman: Becky, at the top of the screen you will see some buttons. McKay: Yes. Meridian City Council July 14, 2009 Page 12 of 24 Holman: And hit the one -- whatever color you want, red, green, or blue. McKay: Oh. Okay. There we go. Holman: And if you want to take it back to where you're tapping through it, just hit the little pointer button at the top of the screen and it will take it back off of the color. McKay: The little -- oh, okay. I see. Holman: Okay. McKay: So, can I go -- can I press to go back? There we go. So, what we have here is you can see these interconnecting pathways that will link into the existing Crossfield. Everything that you see south of Parkstone Avenue here is constructed. The sewer, the water, pressurized irrigation. The concrete's in. Streetlights are in. The only thing they have not done in that phase two is pave. So, all the existing services are stubbed to this particular property. We came before you in May with a final plat of this particular area right here, excluding the daycare, because it needed to be platted in order to be built upon due to the fact that it would be a remnant, since everything else around it had been platted. In this particular project we have got about 23 percent open space and in the design one of the things that I incorporated was we turned the buildings going north and south. I toured through a project in California where they did this. These are single family lots. They are about 35 to 40 feet wide with alley load right along here. What they will see is just the ends of those buildings, so it is our intent to, obviously, dress those up. The bulk of the building isn't seen from the residential portion and in the projects I toured it was really a .nice effect. With the landscaping there I had to walk around the front of the multi-family buildings to even realize that it was amulti-family building and they had their parking on the interior like we have here and heavy landscaping and so it is our desire and the comment we received from the Planning and Zoning Commission was that they liked the north-south buildings abutting that single family area and because it was comments from Will to turn the building so they were going east-west and we hoped that -- that the Council agrees with us, because we think that's an important component of this project. As far as the commercial area -- can you put that one up, Sonya? Oops. There it is. You have Settlers Square that has been approved here and, then, Cedar Springs commercial. You can see this band here is your neighborhood center designation through here. This is where the commercial core is going to develop. Right now in the Cedar Springs there is a lot of shell out there with very few tenants. The Fast Eddy's C store is doing very well I hear, but it's getting a lot of that pass by traffic. I think they have got a salon out there and, then, one office. I had received a call from -- I received a call from Bob Runyon, the developer of the Settlers commercial area and he asked me one question: I hope you guys aren't proposing commercial, because I can't build what was approved out there at this time, there is just not enough roof tops. I said, no, we are proposing multi-family. He said I think that's awesome. We need roof tops to make this neighborhood center happen and I glad to hear that you're doing some multi-family. As far as the multi-family is Meridian City Council July 14, 2009 Page 13 of 24 concerned, we will be less than the 15 dwelling units per acre that is defined by the TN- R. I think it's about 13.72. We feel -- we followed the neighborhood center very closely with our short blocks, the different type of residential product, the collector street and we believe that this component will definitely add to the Crossfield development. This gives another housing choice out there. The higher densities up along the arterial as defined in your comp plan for the neighborhood center and we feel that this will benefit this area and provide a good transition from the single family area that we have. Now, one of the things that came up was the Venable issue and I think we have worked it out with the staff and with ACHD. What you see here is we created kind of across-section of what's out there. The existing 20 feet of right of way is located here. Right in the middle of that are power poles. There are a series of five power poles running from Ustick heading south. They are not service poles, but transmission poles, because that continues into the interior of that section. There is existing telephone risers and an existing fence -- oops. An existing fence and .the Ward property is flood irrigated and it drains back to the west. And I brought some pictures for the Council to kind of see -- this is what we are contending with out there at this time. De Weerd: Pete, do you want to get the Elmo out. David, if you could give it back to Becky, we should put it on the Elmo. McKay: Oh, on the Elmo. Okay. We located these existing encumbrances out there and created a plan and sent it over to the city and to the highway district to look at it and as you can see, all of that needs to be relocated In fact, ACHD doesn't allow drainage -- imgation drainage to be within their right of way. So, it was determined -- I can't even get half plus 12 in there. Plus, we'd have to relocate all of this I don't know where and it would have to be relocated again when the Ward property developed. So, based on that, the staff and ACRD and ourself came to the conclusion that if Mr. Simonich is willing to donate the property, which he owns, the 20 feet on the west side, to either the city or the highway district, then, it would be held until that Ward property developed and, then, this Venable could be built. Sonya, can you go back. I have too many exhibits. One of the things that we looked at as far as Venable -- right now it only serves Mr. Simonich. It's a private driveway and in the future it will create some limited interconnectivity, but not like what was I think initially intended when it was drawn on the comp plan as a collector. And (brought -- as you can see, if you look at the yellow, that shows you the transportation patterns that are out here. This is Five Mile Creek. This is the Creason lateral bisecting that section there. So, because of those two waterways everything has been forced to go east-west, especially within that center section band. If you go south of that you can see that this -- there is north-south streets going down to Fairview from these developments here. But everything else tends to go east-west. Now, with Valen Court a stub street was provided here. There is another stub street here. We have one here on our east boundary. So, eventually, we will get some interconnectivity through these parcels here, but Venable is only going to be able to go down a few hundred feet to Stanhope and as far as a collector's concern, it's really going to be underutilized, you know, the six or seven thousand vehicle trips that we see on some of these continuous collectors is not going to happen here. I think what I told the Council initially when we -- when we brought the project through that we were trying Meridian City Council July 14, 2009 Page 14 of 24 to leave as many options open, so that our project did not inhibit the development of Venable and that's what we have done. Could you go back to the other one. I'll conclude. The elevations that I have submitted with the project, we were -- we have been working with Will trying to refine those, get closer to what the design review guidelines state. One of the things that we are, obviously, concerned about is trying to match with the architectural style that we have out there. We had some very distinct styles in the single family homes and we wanted to try to match that with our multi- family and -- De Weerd: Becky, you're out of time. McKay: I'll finish. I lost time running back and forth. De Weerd: Boy, that's a stretch. McKay: I know. Well, you know. I'm the only one here. It's weird. Can you go back to the elevations, Sonya? This is what we have been working with -- with Will trying to refine that to give it -- to break up that bulk, to give some modulation, different materials, and make it more -- look more like a townhouse instead of just a bulk building. If Sonya will stick those on. What we are trying to do is emulate what's out there for the single family. As far as the urban design, you know, we want to make sure that this meshes. We don't want it to look like city lots. I don't think -- this is what's been built out there and the City Lofts concept that you see like downtown Boise may be urban, but I don't think that's appropriate for this more suburban area and what we need to, obviously, mesh with. I ask the Council to approve this with the change, 1.2A. The design guidelines don't apply to detached single family, but the staff has put that in there -- De Weerd: Okay, Becky, I'm going to have to cut you off McKay: Okay. De Weerd: Any questions from Council? Bird: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A quick question for Becky. On Ustick Road what were the requirements for right of way out there -- you know, Ustick will be widened in the future. I know in front of that commercial center there is a -- a center lane turn, but you guys are back a ways from that. Are there any requirements to have some right of way for a future widening of Ustick out there? Meridian City Council July 14, 2009 Page 15 of 24 McKay: Yes. ACRD wanted 38 feet from center line, if you place the sidewalk within the common lot, which we do have a detached walk in the common lot, and we showed that in our plat as a donation to ACHD and in the previous plats for Crossfield we also donated that right of way. We didn't ask for compensation. Hoaglun: Great. Thank you. De Weerd: Okay. Any other questions? Zaremba: Madam Mayor? Are there -- I'm looking at the daycare center. Are there accesses on the entrance road? Can you point out the accesses? McKay: Yes. The daycare center there -- there is a loop drive that we designed in -- there is a loop drive that comes through -- how come if I touch it it changes? I can't point? De Weerd: You can if you do the color. McKay: Oh. I got to change the color again? Okay. De Weerd: There you go. McKay: There is a loop driveway that comes through here. So, the traffic comes in, it enters -- has an enter sign here, then, they have parking in this area and, then, it loops back out like that. Zaremba: Okay. Thank you. De Weerd: Okay. If there is nothing further, we will ask you back for wrap-up remarks. Okay. This is a public hearing. I do have one member of our public signed up to testify, Mr. Joe Simonich. And, Joe, just like I gave Becky, I gave her an extra minute, so if you exceed your three minutes I'll give you an extra moment as well -- as extra minute as well. Simonich: Well, thank you. I'm Joe Simonich and I reside at 2715 Venable Lane. I moved here on this Crossfield Subdivision 39 years ago, minus ten days, so I'm quite familiar with the area. I have followed these developments, tried to do everything to make the north side of town a better place. We have been generous with donations for the bike paths, the park, the sewer line, and we still want to, but we feel that Venable Lane, at least part of it, should be developed by taking ownership by some public entity. If not, eventually, when I'm gone it will probably become a weed patch. You will probably have 30 or 20 to 40 feet of weeds there the entire length. So, I thought this would be a good opportunity to -- it helps the Ward property, the Valen Court Subdivision, the Crossfield Subdivision, to have another access to Ustick Road. It's a mid mile road. I think it's a collector street on the north side. I think 800 feet of collector road on the south side would -- would help all of those properties and the public in the Meridian City Council July 14, 2009 Page 16 of 24 future. So, if this -- I have been trying to donate it to the Ada County Highway District. They said they do not accept undeveloped right of way. So, that's where we are at now and Becky's probably explained that much better than I can, so I'd ask the commissioners and the Mayor if you have any questions. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: When you sold the property and maintained access to your current property, what was your intention at that time? Were you intending to access through the eventual subdivision or keep Venable Lane? Simonich: Mr. Rountree, our property was a deeded right of way to the Venable -- Venable property, which is south of -- oh, 1,800 feet south there. They had that deeded right of way. When Valen Court came in -- well, I purchased the Cottrell property. When Valen Court came in they wanted to extend that into our property, our seven acres, or the Cottrell from whom we got -- it was the original Cottrell property. But for some reason they were denied an access to Venable Lane and Venable Lane has created a problem there for 30 some years, so I says, well, they tried to sell it and, finally, I said, well, I should buy it and, then, we will have access, because, otherwise, we have no access until Crossfield developed. So, that's how I ended up with it. As a matter of fact, it was 20 feet that the county owned adjacent to Valen Court Subdivision. The county gave that to the developer. It was becoming another weed patch, so I ended up and bought that. So, now I'm taking care of two acres of weeds. And there is not any growing there. Rountree: Thank you. De Weerd: Probably the only place we don't have weeds growing. I'm sorry. Any other questions from Mr. Simonich? Rountree: I have none, but I have a question for Gary. De Weerd: Okay. Thank you. Do you have any further comments? Simonich: If the engineers would like -- or Ada County Highway District, we can get together and see what we need to do to make this thing work. De Weerd: Thank you. Simonich: All right. Thank you. De Weerd: So, Gary, always nice to see you at our meetings. Meridian City Council July 14, 2009 Page 17 of 24 Inselman: Madam Mayor, Council, Gary Inselman representing Ada County Highway District, 3775 North Adams, Garden City. De Weerd: Thank you. Mr. Rountree. Rountree: We have heard this evening that ACHD has been involved in this. What's your take on what have you heard and what you have agreed to do or not agreed to do? Inselman: It is true that the highway district does not normally accept unimproved rights of way and that's what Mr. Simonich was told. When we met with your staff I commented that if the city couldn't take ownership of the property and hold it to preserve this opportunity for the future, that I would support a recommendation to our commission to vary from our standard procedure, since we already have a strip of unopened right of way there that we have owned for quite some time that it perhaps is a good point for an exception with some conditions. Generally if it's unopened we don't want it used, which resulted in the comment from your staff that we would request that it be barricaded if we were able to accept it until it was improved, so that, then, we are not asked to maintain a gravel or dirt roadway as far as a private residence or subdivision traffic start using that roadway, instead of the paved public street. So, one clarification from your staff report is that at the staff level we cannot accept it, but we could take it to our commission and, then, see if they would, if that was the desire of the city, if you weren't able to take ownership of it, if Mr. Simonich could grant it to the city until such time as our property developed and the road could be improved in the future. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: There is mention in the report we have -- and you just mentioned that there was a condition that if the right of way were donated that it would be -- Venable Lane would be barricaded on the north and the south. How, then, would the Simoniches have access to their property? Inselman: Once I think Stanhope is paved, he could access through Stanhope and Crossfield Subdivision. That is platted street today, it just hasn't been paved out. Rountree: So that would also be a condition of any action that might be taken that that would have to be done before you could have barricades placed? Inselman: Absolutely. Rountree: Okay. De Weerd: Okay. Any other questions? Thank you. Meridian City Council July 14, 2009 Page 18 of 24 Inselman: If I may, one clarification I'd also like just to add for the record is one of the reasons we -- the highway district normally doesn't accept unimproved right of ways is the desire in the future that area residents may come and ask the highway district to improve it. So, obviously, we would be looking for a future development in the area to improve this roadway with much needed assistance from the city when the Ward property develops. De Weerd: Point taken. Inselman: Thank you. De Weerd: Thank you. Council, any other questions before we ask Becky to come up? Mr. Simonich, did you understand, then, that if you were to donate Venable Lane you would be taking access, then, through the subdivision once that's paved? Simonich: I think that could be arranged until we -- that property that we live on develops, because there is the stub street to that presently. Of course it's not paved and -- but when we would develop the seven acres, then, we would have access. As a matter of fact, we rotated our new house -- everybody now comes to the back door to come down Venable Lane, but we have rotated our house so it would fit the seven acre development. De Weerd: So, you do know once that stub is paved that would be your new access? Simonich: The garbage -- or the newspaper people use it, everybody uses it right now and we use it if we can use that for a shortcut. De Weerd: Okay. Simonich: Anymore questions? Rountree: That's all we wanted to know. Simonich: Thank you. De Weerd: Probably too much information. Thank you. Okay. Becky, wrap-up remarks? Any? McKay: I just want to let the Council know that I appreciate how the staff has worked with us on this one and we came to some mutual conclusion and I appreciate their effort and I'd just like Council to understand that there is so few developers wanting to move forward at this time, that, you know, the importance of the project to our private sector is immense and I think everybody wants job creation and improve the economic health in the valley and for us it's kind of -- projects were usually impartial about now you're kind of emotional about, because, you know, times are tough and there is so few of them. So, we are just happy to be here. We are the only one. Thank you. Meridian City Council July 14, 2009 Page 19 of 24 De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Got to ask you a question or two. McKay: Yes. Rountree: With respect to the access to the Simonich property, those roots and the infrastructure have been cut in, but they haven't been surfaced at this point in time; is that correct? McKay: That is correct. Rountree: Is that the intention? McKay: The base is in, it just needs paved. Rountree: Is it the intention of the developer to at least do the access to that southern property? McKay: My understanding was they had intended on paving this summer. Rountree: Okay. McKay: I have not received a date. I know they did get some bids to do that. Rountree: Okay. McKay: Doug, do you have any information on that? Within the next six months. De Weerd: Okay. Any further questions? Rountree: I have none. De Weerd: Thank you. McKay: Thank you. De Weerd: Okay. Council, if there is no further questions from -- Pete, do you -- Zaremba: Madam Mayor? Meridian City Council July 14, 2009 Page 20 of 24 De Weerd: Yes, Mr. Zaremba. Zaremba: Just comment. I agree with the discussion that has led to support for placement of the barricades, but somewhere in the notes it should be made clear that those barricades can be removed when the road is -- when Venable is paved. I wouldn't want somebody to think that the barricades are forever and, therefore, Venable will never be completed. Friedman: Madam Mayor, Councilmen, yeah, I think it will be up to us, because the right of way is, actually, not a part of this application and the dedication of it is not actionable by the Council, if you will, it's going to be an orchestration of the ACRD commission being willing to accept the right of way dedication, coordinated with the paving of Stanhope and, then, the barricades going up and I think we can work with Gary and maybe get those future road signs put on -- on those barricades. Zaremba: Thank you. Hoaglun: And, Madam Mayor, that's my one question is to be sure that, you know, ACHD -- they can't do it at the staff level, they have to take this to the commission, and that's kind of pending their approval -- you know, we hope they go forward and I agree with what Gary said and that we should be on the record saying that future development will need to pave that -- that road, that is something that needs to be done when the Ward property develops, that that gets down, so if that's the -- what they need to go forward with, I'm willing to commit to that for as long as I'm here. So, that -- I think that is a key component of this whole thing is is that, then we will have to follow through with that, so we can barricade and do the things we have talked about. Friedman: Madam Mayor, Council Members, just a follow up on those thoughts. As I mentioned, since it's not actually something that we can tie to this, the one critical piece is the recommendation in the development agreement that whatever future development occurs on this site, depending on what site plan ultimately is approved through the design review process, that there is that vehicular access to Venable, so at least we have that if in the unlikely event the commission doesn't accept the right of way and so forth and we have to wait until subsequent development occurs, either down to the south end or to the east of that. So, our real key lynchpin here is insuring that we at least have that vehicle access to a future Venable. De Weerd: Okay. Council, any further questions? Anything further from staff? Friedman: Again, Madam Mayor, Council Members, Mrs. McKay did talk -- request that the site plan and elevations be included in the -- in tonight's action and the recommendation from the Planning and Zoning Commission is that -- simply that the rezone be approved with the conditions of the development agreement, which requires the design review approval and that the site plan and the elevations go through that separate process, so that we review it at the staff level, working with the applicants and, then, in areas where we may or may not have a meeting of the minds, we can have the Meridian City Council July 14, 2009 Page 21 of 24 option of convening our design professionals committee first to go through the analysis of the site plan and the elevations for consistency with the design manual. So, all the development agreement tonight is saying that the site should be developed consistent with the urban guidelines in the design manual. So, in essence, what we are asking you not to do is include these elevations and the site plan in the development agreement. And that was the recommendation from the P&Z. De Weerd: Okay. Council, any questions? Okay. If there is nothing further, do I have a motion to close the public hearing? Rountree: Madam Mayor, I move that we close the public hearing on Item No. 8. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item No. 8. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: ALL AYES. De Weerd: They say silence is golden, but it's also uncomfortable. Rountree: Madam Mayor, this is a bit convoluted, so it's going to take me a minute or two to read through it. De Weerd: That sounds good to me. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I will take a stab at this. I move that we approve the rezone request for Item No. 8, RZ 09-002, subject to staffs comments, Planning and Zoning changes to staff recommendations related to the DA provision 1.2.D, adding a new DA provision requiring address identifications at each entrance, DA provision requiring the developer to work with staff and ACRD to complete paving of accesses -- access roads within the development, including Stanhope, to provide access the Simonich property, provided there is a donation of right of way on the Venable Lane by the Simonich family to ACHD for a future right of way use. That the DA provision H modify to include the construction of a detached sidewalk as outlined in staffs comments to Council as -- as the revised concept plan showing vehicular connection to Venable Lane and the extension of a pathway on the east side of the site south of Stanhope Street be included and the inclusion of P&Z Commission's recommendation that the rezone application and development be administered through the design review process. Hoaglun: Second. Meridian City Council July 14, 2009 Page 22 of 24 De Weerd: I have a motion and a second. Any discussion? Yes, Pete. Friedman: Council Member Rountree, just as a point of clarification, the reference that you made to the revised site plan was simply for having a vehicular access on -- what ultimately is approved as a site plan through design review. Rountree: Vehicular access and the pathway. Friedman: Okay. Thank you. Rountree: Those two points. Friedman: Thank you very much. De Weerd: Okay. Any other comments, clarifications? Madam Clerk, will you, please, call role. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Ordinance No.: Updating Licensing Code Provisions: De Weerd: Thank you for being here this evening. Okay. Item No. 9 is Ordinance number 09-1421. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1421, an ordinance of the City of Meridian repealing and replacing Title 3, Chapter 1, Meridian City Code, regarding licensing or permitting requirements, criminal investigations of applicants, and display of a valid license or permit, amending Title 3, Chapter 5, Meridian City Code, regarding pawn broker license application fee, repealing and replacing Title 3, Chapter 6, Meridian City Code, regarding definitions, City of Meridian massage therapist license, application, issuance, denial, revocation, operating and sanitary requirements, inspections and penalty, repealing and replacing Title 3, Chapter 8, Meridian City Code, regarding definitions, City of Meridian private security services license, application, issuance, denial, revocation, operating requirements and penalty, repealing Title 4, Chapter 2, Section 9, Meridian City Code, regarding garage, yard, and similar sales. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none. Bird: Madam Mayor? Meridian City Council July 14, 2009 Page 23 of 24 De Weerd: Mr. Bird. Bird: I move we approve Ordinance 09-1421 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve this item. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: Executive Session per Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation): De Weerd: Item 10 is an Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION. De Weerd: Could I have a motion to come out. Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor? All ayes. Meridian City Council July 14, 2009 Page 24 of 24 MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~ ~~ a~ ~ a«~ MAYOR T Y de WEERD DATE APPROVED ~' ~'~ '~ ATTEST: ~'-- JAYCE . HOL A ,CITY CLERK SEAL 9~ ~~M O '9p ~T Est • •r ~. :~''' `~~aA,a y ~• ~r~llry~1111111111\t July 10, 2009 MERIDIAN CITY COUNCIL MEETING July 14, 2009 APPLICANT ITEM NO. JI'-A REQUEST Contract with University of Idaho for Parks User Income Survey (CDBG) for $15,445.25 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached 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. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES This PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (hereinafter "Agreement") is made this _ day of , 2009 (the "Effective Date"}, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), whose address is 33 E. Broadway Avenue, Meridian, Idaho, and the Regents of the University of Idaho, whose address is P.O. Box 441202, Moscow, Idaho 83844-1202 (hereinafter "Consultant"). WHEREAS, City is designated as an Entitlement Community by the United States Department of Housing and Urban Development, and in such capacity has been awazded federal fmancial assistance under the Community Development Block Grant (CDBG) program and under the American Recovery and Reinvestment Act of 2009 ("ARRA"); WHEREAS, City seeks to ensure that its expenditure of funds under these programs is compliant with both the stated purposes thereof and with the regulations governing such expenditures; WHEREAS, Consultant's data management and confidentiality policies represent best practices and comply with federal regulations; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES Consultant is retained to complete a Pazks User Income Survey for the purpose of collecting and analyzing demographic information for the populations served by Centennial Park, a public pazk owned and operated by City and located at 223 E. Idaho, Meridian, Idaho and for the populations served by Eighth Street Park, a public park owned and operated by City and located at 2235 NW 8th Street, Meridian, Idaho. These services shall be completed pursuant to the project approach and methodology descrihed in section C of Exhibit A, which exhibit is attached hereto and fully incorporated herein. II. COMPENSATION A. Total amount. The total payment to Consultant for services described herein shall be $15,445.25, as delineated in section B of Exhibit A hereto. This amount shall constitute full compensation for any and all services, materials, and costs to be furnished by Consultant. Of this amount, $6,458.40 will be provided by ARRA funds, and $8,986.85 shall be provided by CDBG program funds. B. Method of payment. Consultant shall provide City with a completed W-9 form and an PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 1 OF 1$ invoice for services andlor materials provided, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Consultant. III. ADIVIINISTRATrvE REOUiREIUltrrrs A. Uniform administrative requirements. Consultant shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Accounting Standards. Consultant shall comply with 24 CFR §§ 84.21 through 84.28, as applicable, and further agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. C. Cost Principles. Consultant shall administer its program in conformance with OMB Circular A-21, "Cost Principles for Educational Institutions." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. D. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Consultant shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records required to determine the eligibility of activities for CDBG funding; c. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; d. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Consultant does not assume City's responsibilities under 24 CFR § 570.604. 2. Records retention. Consultant shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 2 OF I S later. 3. Closeout. Consultant's obligation to City shall not end until all closeout requirements aze completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return to City of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Consultant has control over CDBG funds. 4. Audits and inspections. All Consultant records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports shall be fully repaired by Consultant within thirty (30) days after receipt of such report. IV. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Consultant agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section $04 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246, as amended by Executive Order 11375 and 12086. B. Nondiscrimination. Consultant agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. Consultant shall not discriminate against any employee or applicant far employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices shall include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that it is an Equal Opportunity or Affirmative Action employer. C. ADA section 504. Consultant agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Consultant with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. PROFESSIONAL SERVICES AGREEMENT FOIL CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 3 OF 1$ D. Prohibited Activity. Consultant is prohibited from using funds provided herein or personnel employed in the administration of the program. for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Consultant agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Consultant agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). E. Lahor standards. Consultant agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "And-Kickback" Act (40 U.S.C. §§ 276x, 276c, and 327); and any and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Consultant shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. F. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall ~ binding upon City, Consultant, and any of Consultant's subcontractors. Failure to fulfill these requirements shall subject City, Consultant, and any of Consultant's subcontractors, their successors and assigns, to sanctions. 2. Subcontract language. Consultant agrees to include the following language in all subcontracts executed under this Agreement: "The work to ~ performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan azea in which the project is located." PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNIVERSrrY OP 1DAHG PAGE 4 OF 1S G. Contiids of Interest. Consultant agrees to abide by the provisions of 24 CFR §§ 84.42 and $70.611, which include, but are not limited to, the following: 1. Code of Conduct. Consultant shall maintain a written code or standazds of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of Consultant shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or appazent, would be involved. 3. Self-interested contracts and nepotism. No person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) yeaz thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, Consultant, or any designated public agency. H. Lobbying. Consultant hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid ar will be paid to any person for influencing attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal agreement, grant, loan, or cooperative agreement, it will complete and submit Standazd Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; V. TERMS AND CONDITIONS A. Confidentiality. Consultant specifically acknowledges and agrees that information provided by City pursuant to this Agreement shall be utilized for the sole purpose of preparing and implementing the Parks User Income Survey as described herein. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE $ OF I $ Consultant will not copy any property owner information received from the City for purposes other than distribution of the Park User Income Survey. Consultant will not exchange, distribute, or otherwise make available any property owner information received from the City. Upon conclusion of the services described herein, Consultant will destroy all property owner information, and return any and all copies thereof to City. B. Data management protocols. Consultant represents that it will follow the data management protocols required of the University of Idaho and U.S. Health and Human Services regulations, which include, but are not limited to, review of data management protocols by the University of Idaho Human Assurances Committee, storage of sample lists, i.e., subjects' names and addresses, separately from data files and on a secure server rather than a physical computer, and destruction of the sample list at the conclusion of the survey. C. Time of performance. This agreement shall become effective upon execution by both parties, and shall expire on December 10, 2009 unless earlier terminated or extended in the manner set forth herein. D. 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. A timeline based on a project initiation date of July 15, 2009, is included in section A of Exhibit A. E. Indemnification and insurance. The agencies understand that each has liability coverage provided through aself-funded program administered by the State of Idaho Risk Management Program. Both parties agree that the University of Idaho does not have to provide a certificate of insurance or additional insured endorsements. Any and all costs for claim, damages, and other expenses incurred in or from any obligation to be performed under the Agreement by the agencies, or arising out of any act, negligence or omission of the agencies, will remain the responsibility of the party whose actions gave rise to the claim. F. Independent contractor. In all matters pertaining to this agreement, Consultant shall be acting as an independent contractor, and neither Consultant nor any officer, employee or agent of Consultant will be deemed an employee of City. The selection and designation of the personnel of the City in the performance of this agreement shall be made by the City. G. 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: Citv: PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNIVERSn'Y OF IDAHO PAGE 6 of 15 City of Meridian CDBG Grant Administrator 33 E. Broadway Avenue Meridian, Idaho 83642 Consultant: Christopher P. Johnson, C.P.M. For the Regents of the University of Idaho Duector, Contracts P.O. Box 441202 Moscow, Idaho 83844-1202 Either party may change its address for the purpose of this pazagraph by giving written notice of such change to the other in the manner herein provided. H. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. I. Assignment. It is expressly agreed and understood by the parties hereto, that Consultant 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. J. Discrimination Prohibited. In performing the Services required herein, Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. K. Reports and Information. At such times and in such forms as City may require, there shall be furnished to City such statements, records, reports, data and information as City may request pertaining to matters covered by this Agreement. L. 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 Consultant's records with respect to all matters covered by this Agreement. Consultant shall permit City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. M. Publication, Reproduction and Use of Material. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. City shall have unrestricted authority to publish, disclose and otherwise PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNrvERSITY OF IDAHO PAGE 7 OF 15 use, in whole or in part, any reports, data or other materials prepazed under this Agreement. N. Compliance with Laws. In performing the scope of services required hereunder, Consultant shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes. 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 Consultant's compensation, which are mutually agreed upon by and between City and Consultant, shall be incorporated in written amendments to this Agreement. P. Termination: If, through any cause, Consultant, 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 prepazed 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, City shall thereupon have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Consultant 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 prepazed by Consultant under this Agreement shall, at the option of City, become its property, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments to Consultant for the purposes of set-off until such time as the exact amount of damages due City from Consultant is determined. This provision shall survive the termination of this agreement and shall not relieve Consultant of its liability to City for damages. Q. 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. R. 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. S. Exhibits incorporated. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE S OF 1S T. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, U. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WAEREOF, the parties hereto have executed this Agreement on the day of 2009. CONS TANT: " Christopher Joh son For the Regents of the University of Idaho STATE OF IDAHO ) ss: County of } I HEREBY CERTIFY that on this, day of 2009, before the undersigned, a Notary Public in the State of Idaho, pe nall ppeared Christopher Johnson, she exaL~~u~ It ~~i'son who executed the said instrument, and acknowledged to me that ~'W.#~S OF, I have hereunto set my hand and affixed my official seal, the day ~ ~in ~ ce ' tc~e first above written. ~ ~ ~V 2 ~ • ~~~i~~~s'TATE,~; ~~~~ Resid' g atlic for Idaho , I o My Commissi n Expires: a~ ~~ CITY OF MERIDIAN: BY: ~ ~~G%C~~ ~ ~ i u u rii~iii~~~i Tammy de erd, Mayor ~.~`~ ®s,9 ''% 9 ~ ~. T '~ ~` % O Attest: Jaycee H ,City Clerk y s ~ ~~~ ~,. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 9 OF 15 Exhibit A: Section A -Timeline Section B -Cost breakdown Section C -Project Approach & Methodologieal Overview PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 1~ OF 15 Section A Time~irr~ fir t~-ze ~1~Fritlitrrr Pcrrk S~r~=~,~Fs ?f}Q> Date keapousibte Yart~~ Task ~{av I ~ SSRI'>U{ Submit Hutt~an Ass~Irances: appr~n~ed in J une t task slope ) July I-- C'it} Irk Meridian Said final ctt-~stictutaire , utttul-er c~i huuseh~lds in na c~ s.-mple~. b: ~izned aereement tc> ~'I Jule I ~ SSRU; U{ Send stu'~~e}'s tc~ printers •iult 17 . City ~~1 ~Ieruiian Send salttptes tUr ~m StI•eat ~~ Centennial Yarl~. in~uttas. addres,es- July ' ~ SSRL'll'{ !l~iail 1~' Iettc~r ~ti°ittt sttn~et~ ,-ut~ ~~- 55R1'il'f Sind rentinderp~~stcards .au~*u.t I ~ SSR['11'I !~J~il ?°~ Izaer t~~ith ur~~c,~, .au~~~t,t '7 SSRli/t11 Cut F~ff f~~r sttrve~~s: clean data Sept ~ SSRC/t'1 Deliver statistical resuEt~ tc~ C_'h;icez Survey • Researetl. Inc . ticl,t 17 SSRI"K'haver Deliver report If' t'ot• .ome rcasop ttte coptraCt has pF-t herp sl~tlNEI )t1~' ,Iuh° lS`'' all c}ates ~+ii1 {u it~uved {park accorditZkh~. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 11 OF 15 Section B Mer~dia~ Parks Cos# breal!€down Qate: June 30.2~fl9 Client of Narne or Organization. City of heridian, Departrttent of Planning Project Name: Survey of Household Incomes for Meridian Parks Mail Survey Sample: t 500.`500 completes Project Number: 09-03-14 8'h Street Park survey: t . X Consultation for project, development of study design 2. X Questionnaire development and formatting booklet 3. X Supplies for mailing: questionnaires, envelopes. tetterheads, stamps, miscellaneous office supplies a. X Camp~ling database, checking for duplicates 5. X Assembling mailings. database management, address corrections 6. X Design of questionnaire in SPSS data builder far data entry 7. X Data entry 8 verification 8. X SPSS data analysis (cieaninrJ of data and analysis to include: descriptive statistics and cross tabulations! 9. X Re}~ort TOTAL for 8t° Street Park survey: 58.458.40 PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNlVFRSTfY OF IDAHO PAGE 12 OF 15 Centennial Park survey: t . X Consultation far project, development of shady design ~. X Questiannaire development and forrtlatting btaoklet 3. X Supplies for mailing: questionnaires, envelopes, lefterheads, stamps, miscellaneous office supplies ~. X Compiling database, cflecking for duplicates 5. X Assembling mailings. database management, address coraections 6. X Design of questionnaire in SPSS data builder for data entry X Data entry & verification 8. X SPSS data analysis itaeaning of data and analysis to include: descriptive statistics and cross tabulations) 9. X Report TOTAL for 8!" Centenniat Rark survey: g8,ggs,gg Total tur ~Ieri~ian ['arkx Sttr~~eti~a: 51.445.25 Terms of Contract • 1lUnlfb<r +~1 i,~ni}LIC0.`+a ~11rL l=La is Crn C~IIrBUtt havt~ l(fLi lilt ti4'Q P~~~ rt !:}N tnvY i'at45 1,}r slAll lttf }}r(LiC~F~. ~'ln.-tl :h;~rzc s ar. nul b:(sr+t u~rtl nu(nikr +Lf c+ntt}}Iktcsl :wnc~s. • Pad ntent ret}tle.ts L+ill hl 1}r~~c ck.d hp ttlr Citt~ in a unaly nutnrt~r u}~+3n m«Ipl +,f it min.+l t(n'+~(c•.s frc,rn du ltivcr~ltc ,d ld:J-u. • The tnt:tl Ana tiLr this prniect Lrill nut excL~ed 515.-ktj?>. unle: ttte a+,~ of witrk changes. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNIVERSPTY OA IDAHO PACE 13 of 15 Section C Pr®j~ct ,~p~ro~ch ~ie~~a~d~lec~ic~al U~~~iri~w~ Sample Frame, Sample Selection, and 5amplc Size In cider to Mare :t data set trlucll is repLeseu~ti~*e of =11e ~~opttlatiol: of iuterc~sted lious~ilolds + 11'.lle trOt12 ~~ atreet Park and 11otl5eholds "'+ lllile hour Ceuteau,ial Par!`t, ire mill use public ntilitr lists of resldeutial touts as otu salnplulo tiranle. 'Psis desi~•n ~'iIl eustue tll~t ererc- aouselzald llas au egtt.31 }~n>b;3bilit~- of ulclusiou ill the salrple, al:d ~-iIl inchuie tsot2l renters :ltld pmpertr oa-llers. T'lle po}nllativu size is ?,L~l~ ~ }-parcels zoned as resideuti~l. Froul this popttlatioat, tre• trill drams a iuldoru salnplc of :,RCN) parecl5 to acceire the sttat-er, sotlle of t~>luch tie e:~peet to sae raraalt or not actttallr llouseholcls e.@. cclurches, schools;. In order to acluere aII of erall margin of enrol for this sRidr of + -~" ::, ere razed ;: rotas of 3 ~C+ canlpleted stirrers. PJiethadolo9Y R-e lazopose a nl,~dttled Dllllll:3i1- 211;311 sillier IlledlotlolOQr. T1215 nle-dlad trill iurolrr dsee Irr+i:ill~s: 1' a tusr eL3ss mailiu;¢ of the stln-er u1sa111lleut, esplulatoa}- lettei, and sca112}~eri, se1i~ :iddessed Yett:rll frlrelope, ': apostcud relriladei, scut tll:stclass, alle ts•eek after the first ultilillg, and i, a second stun-er, fetter, :itld rental eueelope, sent fast class tic-o mceks after the postcard. ~ i111s 111eLYOdOlOQ,T' has been shotrn to rleld lull resl~+onse rates iu lrlost cases. Recent SSRI: household nz<til starers l;.are trl?icall~ ~irl~led respousr- ratHS of betr-eeu 4~-Upt° ~, dep~rdillg ou die poptllltioll beil~g sampled. Date tri11 be kept strictly confidential i12. aceordtnce t+r?tjl t'ni~ersiCa- and Federal poser and data ~ tie reporter: oulr in aggregate form. Surrey Instrument Design To :l,:~darc5 tllee re5e31'C11 ~Ue'SL1Q315 Ot tllc rltr rat 1lendr'dll, i1 Mall SL711"e\' tcnll 1?? SPUt tC1 eaGll hotuelaold in the <ample. Tlus -surer a-i11 be designed to obtain ulfornlation ou household uleonle, park use. aco~?l:aplu< distance to the part, ill ntuuber of blocks;, as R-ell aG serer:alstaatdsid dcluoal:3pl.lc ~-ari::bles e.g. aoe, race, uulrber ~~f people iu die household, education.. Soarer lell,+dl. question tt-ordill~, and L3u~u:toe choice Mare been sllutru to affect response rates as ~•ell as the qua:ltt- of cata ebtliue<4 faoul social starers'. Therefore, ire n ill use rocaL~uLai.- a:ld teulls :'1>l~ropriita to a lame. general polxtl:auon :old keep the stoner to a leue~tla that trill require the tZ51?~alldcllt4 11U lllpre Thtil tFll 11'JUtlte~ TO tOlIlpletE~. PrGrecc of Project fUlonitorinc~ and Evaluation _~ ken Y'e lClfe 121 social starer rescwArch 15 ril11un11Zllig isle rtlrrGbls SOtlrCes Ot error. These SOLUCes iu<l::<lc gal:lplitay ellul, 112ee25~ue:ucllt cuua, cvicea:i~e:3lct catul, all« aes}.ousr snug. S:11111sIilav euul is a srui<acal res,,t of taking a s.3rlpie, radler tll:tu a hall cealsus of tae pop~.lLttioll. L~suia a p>o~,:z:jilit*- b:i<ed saulple and tar?etul~ ii. coupleted stut-2^s, a n1~.untul: snniplil:` eraor at + ~° o 1 Coarnoh; ?U~9, t-2l]CrIS:[r of Idaho. TIIe test and ideas contained in this propoaal are thr ori~uai cork of @u social Scicace ~eseuch t I:it at the L"uirersi,-r o{ Ida~4. ~ reprc+duttss~a, ial past or ~ke~les s}a7tt2d u9t Ue dauc trithout peltrig5ion oP tilt a~:.llws. - Dirim ln, D ?t'K+'. Mail uId Fncemet Srsrer: 11te Tallozed Drign ~frt}md. Secolyd Edirion. ~oi>o. ~1°iL-r asld Son,, Inc. \er: fork Ib:<t. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNNERSITY OF IDAHO PAGE 14 OF I$ cau be .tclur-~-ec1". \IeastlLeixlEtlt eTTOr :r1I1 b~ natllxn2lZrcl tllr6tt~11 Carehtl cQxi±tritCtlQt: OL Ylle SLtiZ•E'r ittstarua:ruts ::ud cruxi~atiuu ~~! thtta cutrt. Cv~raagr exxua is n fiuxctiuu of aaa uxcuu,,plete sarnpluiJ frame. Frame cousultction tr~11 be designed using the besr frame arulabie-pi.tllic utility lists tl~zt uuIade iryotlx lxepert*- o~xners aaxd renters. won-response error is axa iacreasixag 1>robleni in su~^e*.- re seazch` =but : *.eps rv 1>otlx x:tuxix:uze and test iai aaou respans~ bins .rill L+c icxchxded. Txxese steps ixxcl,.de aittitiple tolla~--u:,s as n-eII as a coanparisou ,f tl:e sanxple dcn:a~ral,i.ics n-iux l~x:on-u pa~xxiation esuixxates sudx as troxn L_M Census Dact•. Data Analysis Data uxah•s:s ~cil be conducted usuxa ~PSa~ :uxd ~ E sritistictl sottorate 1?ael;:aSes. Descriptirr stuistus :naeaax, standard errors, and 9't' a eontio~en<e lua:its ~ Rtill be coustrncted for :tll cari:xUles inclttcliixt household incanxe, for the pooled samples as troll as for oath locauan sel~arttelr. Cross ta}atxlatiou< oerc~•een drxn•>?raplxic racial>les axad hecl+.aenc~- of part: uae C: preferences ~-i1I be co::dt:cred to assess hon• respr>ndeur cl:aracterisucs affett preference. s ~dieat2rx R L lS• 1~Iexxclerlx:tl, IIL :~axd R L Cott I93~ F_Iextteuxu~;' ~ttxra; SattxpLn9, S~ ficLue,n- \e~t• 1-rrxL., ~I~ Du~ht:a- Pxe:< Gxnrrs. R ~1 '~ n iii \~.+uespf~cse tste< anei uotxrespnruse lia.95 iu hratxsPltold stxrt2t*s PvbLc C1Puu~>n Qu:uterlc "'4.G-IC,- ~,' '~ Cxlsen.. I~ ?Cri ~t~ Svn•er partiapanou, :xoxuespoxxsr +nts, meastuetnent error 6aas, aaxl total bias. Public Ctptnaou " 5P3~. ~'eas:oa !o. '~~hi5. ~PSS. Inc ~_i~. ~'er;.o:x )-= =E+tt9 ~->,~ Insuttue, lxtc PROFESSIONAL SERVICES AGRI;`EMENT FOR CONSULTANT SERVICES - UNIVERSITY OF IDAHO PAGE 1 S OF IS PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES This PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (hereinafter "Agreement") is made this _ day of , 2009 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), whose address is 33 E. Broadway Avenue, Meridian, Idaho, and the Regents of the University of Idaho, whose address is P.O. Box 441202, Moscow, Idaho 83844-1202 (hereinafter "Consultant"). WHEREAS, City is designated as an Entitlement Community by the United States Department of Housing and Urban Development, and in such capacity has been awarded federal financial assistance under the Community Development Block Grant (CDBG) program and under the American Recovery and Reinvestment Act of 2009 ("ARRA"); WHEREAS, City seeks to ensure that its expenditure of funds under these programs is compliant with both the stated purposes thereof and with the regulations governing such expenditures; WHEREAS, Consultant's data management and confidentiality policies represent best practices and comply with federal regulations; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES Consultant is retained to complete a Parks User Income Survey for the purpose of collecting and analyzing demographic information for the populations served by Centennial Park, a public park owned and operated by City and located at 223 E. Idaho, Meridian, Idaho and for the populations served by Eighth Street Park, a public park owned and operated by City and located at 2235 NW 8th Street, Meridian, Idaho. These services shall be completed pursuant to the project approach and methodology described in section C of Exhibit A, which exhibit is attached hereto and fully incorporated herein. II. COMPENSATION A. Total amount. The total payment to Consultant for services described herein shall be $15,445.25, as delineated in section B of ExhibitA hereto. This amount shall constitute full compensation for any and all services, materials, and costs to be furnished by Consultant. Of this amount, $6,458.40 will be provided by ARRA funds, and $8,986.85 shall be provided by CDBG program funds. B. Method of payment. Consultant shall provide City with a completed W-9 form and an PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 1 OF 15 invoice for services and/or materials provided, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Consultant. III. ADMINISTRATIVE REOUIItEMENTS A. Uniform administrative requirements. Consultant shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Accounting Standards. Consultant shall comply with 24 CFR §§ 84.21 through 84.28, as applicable, and further agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. C. Cost Principles. Consultant shall administer its program in conformance with OMB Circular A-21, "Cost Principles for Educational Institutions." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. D. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Consultant shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records required to determine the eligibility of activities for CDBG funding; c. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; d. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Consultant does not assume City's responsibilities under 24 CFR § 570.604. 2. Records retention. Consultant shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNIVERSTrY OF IDAHO PAGE 2 OF I S later. 3. Closeout. Consultant's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return to City of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Consultant has control over CDBG funds. 4. Audits and inspections. All Consultant records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports shall be fully repaired by Consultant within thirty (30) days after receipt of such report. IV. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Consultant agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246, as amended by Executive Order 11375 and 12086. B. Nondiscrimination. Consultant agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. Consultant shall not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices shall include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that it is an Equal Opportunity or Affirmative Action employer. C. ADA section 504. Consultant agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Consultant with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNIVERSTI'1' OF IDAHO PAGE 3 OF 15 D. Prohibited Activity. Consultant is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Poetical activities. Consultant agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Consultant agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). E. Labor standards. Consultant agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and any and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Consultant shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. F. Section 3 of the Housing and Urban Development Act of 1968. 1. Compeance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Consultant, and any of Consultant's subcontractors. Failure to fulfill these requirements shall subject City, Consultant, and any of Consultant's subcontractors, their successors and assigns, to sanctions. 2. Subcontract language. Consultant agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.5.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNIVERSTI'I' OF IDAHO PAGE 4 OF 15 G. Conflicts of Interest. Consultant agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611, which include, but are not limited to, the following: 1. Code of Conduct. Consultant shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of Consultant shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, Consultant, or any designated public agency. H. Lobbying. Consultant hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; V. TERMS AND CONDITIONS A. Confidentiality. Consultant specifically acknowledges and agrees that information provided by City pursuant to this Agreement shall be utilized for the sole purpose of preparing and implementing the Parks User Income Survey as described herein. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 5 OF 15 Consultant will not copy any property owner information received from the City for purposes other than distribution of the Park User Income Survey. Consultant will not exchange, distribute, or otherwise make available any property owner information received from the City. Upon conclusion of the services described herein, Consultant will destroy all property owner information, and return any and all copies thereof to City. B. Data management protocols. Consultant represents that it will follow the data management protocols required of the University of Idaho and U.S. Health and Human Services regulations, which include, but are not limited to, review of data management protocols by the University of Idaho Human Assurances Committee, storage of sample lists, i.e., subjects' names and addresses, separately from data files and on a secure server rather than a physical computer, and destruction of the sample list at the conclusion of the survey. C. Time of performance. This agreement shall become effective upon execution by both parties, and shall expire on December 10, 2009 unless earlier terminated or extended in the manner set forth herein. D. 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. A timeline based on a project initiation date of July 15, 2009, is included in section A of Exhibit A. E. Indemnification and insurance. The agencies understand that each has liability coverage provided through aself-funded program administered by the State of Idaho Risk Management Program. Both parties agree that the University of Idaho does not have to provide a certificate of insurance or additional insured endorsements. Any and all costs for claim, damages, and other expenses incurred in or from any obligation to be performed under the Agreement by the agencies, or arising out of any act, negligence or omission of the agencies, will remain the responsibility of the party whose actions gave rise to the claim. F. Independent contractor. In all matters pertaining to this agreement, Consultant shall be acting as an independent contractor, and neither Consultant nor any officer, employee or agent of Consultant will be deemed an employee of City. The selection and designation of the personnel of the City in the performance of this agreement shall be made by the City. G. 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: C PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 6 OF 1 S City of Meridian CDBG Grant Administrator 33 E. Broadway Avenue Meridian, Idaho 83642 Consultant: Christopher P. Johnson, C.P.M. For the Regents of the University of Idaho Director, Contracts P.O. Box 441202 Moscow, Idaho 83844-1202 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. H. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. I. Assignment. It is expressly agreed and understood by the parties hereto, that Consultant 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. J. Discrimination Prohibited. In performing the Services required herein, Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. K. Reports and Information. At such times and in such forms as City may require, there shall be furnished to City such statements, records, reports, data and information as City may request pertaining to matters covered by this Agreement. L. 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 Consultant's records with respect to all matters covered by this Agreement. Consultant shall permit City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. M. Publication, Reproduction and Use of Material. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. City shall have unrestricted authority to publish, disclose and otherwise PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE ~ OF 15 use, in whole or in part, any reports, data or other materials prepared under this Agreement. N. Compliance with Laws. In performing the scope of services required hereunder, Consultant shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes. 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 Consultant's compensation, which are mutually agreed upon by and between City and Consultant, shall be incorporated in written amendments to this Agreement. P. Termination: If, through any cause, Consultant, 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, City shall thereupon have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Consultant 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 Consultant under this Agreement shall, at the option of City, become its property, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments to Consultant for the purposes of set-off until such time as the exact amount of damages due City from Consultant is determined. This provision shall survive the termination of this agreement and shall not relieve Consultant of its liability to City for damages. Q. 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. R 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. S. Exhibits incorporated. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNIVERSTI'Y OF IDAHO PAGE 8 OF 15 T. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, U. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of , 2009. CONSULTANT: Christopher Johnson For the Regents of the University of Idaho STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this day of 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeazed Christopher Johnson, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeaz in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: CITY OF MERIDIAN: BY: Attest: Tammy de Weerd, Mayor Jaycee Holman, City Clerk PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 9 OF 15 Exhibit A: Section A -Timeline Section B -Cost breakdown Section C -Project Approach & Methodological Overview PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 10 OF 15 ~e~ti~n Trm~liri~,~~r• the ~leridiurr Prrr°k bSur•rey~ ~QI19 Tlz~te Re~spnnsible P'urt}, Task P~I~ay I ~ SSRt1JL~1 Submit Huruan A~curartces; agpr~awed in June {task dine} .Iuly IC} City cat I~tericlian Send final questicannElire , Ilulttbc~r oaf hc~usehcalel5 in lwe~ sample, ~c si~tled agreement tea L~l .Iuly 13 SS~U°/>~I Send sur~~eys tea printers July l"~ City ~f Meridian S~ncl sar~lples liar ~`~ Street ~ Centennial Parks {names, addresses) J~IIy 23 SS~LSIC11 Mail l~ letter with surrey July 3t~ SSRUILTI Send remin~Ier p+astcards august l :3 SS~UlUi Mail ?°~ letter with ~ur~;ey august 2~ SSRU/t~l C'ut gaff fear surreys; clean data S+~pt ~ SSIt[,1ltTl L~liwer statistical results to Chaves Surrey Research, lnc. Sept l7 SSI~tTIClaa~xe2 L~Iiver rep~art If f+~r :snore reasan the e~-ntract hu,~ nut been signed by July 1S'" all d~ttex Brill be mewed back ae+cnrdingly. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNIVERSTrY OF IDAHO PAGE 11 OF 15 eCt~~r~ ~Aeridi;~n P~rkS ~~st br~akda~lrn Q~r#e: dune 3~r 2Ci~9 Glien# of dame or 4rganizati©n: City of meridian, i~epartment of Planning Rrojec# Name: Survey of Household incomes for Meridian Parks Mail Survey Sarrrpfe: t 5fltyf5t~0 completes Pro~e~c# Numt~er: tag-t}3-14 Bch Street Park eurvev; t . X Consultation for project, development of study design 2. X t~uestionnaire development and formatting booklet ~. X Supplies for mailing: questionnaires, envelopes, letterheads, stamps, rr~isceiianeous office supplies 4. X Compiling database, checking for duplicates ~. X Assembiirag mailings, database management, address corrections X ®esgn of questionnaire in SPSS data builder for data entry 7. X flats entry & verification ~, X SPSS data. analysis cleaning of data and analysis to include: descriptive statistics and cross tabulations} }C deport TC}TAt. fior S'" Street lark survey: ~6E45t3.4tt PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 12 OF 15 ~ent~rrn~~t Rer~C surveu: 8. X SPSS data analysis (cleaning of data and analysis tc include. dt3sc~i~tive statistics and cress tabl~laticns~ 9. X Report TOTI~L far 8~' Centennial Park survey: $x,986.85 15 4+tE5aZ5 Terms of Contract • ~lunaflx.r of c~~pletcd ~ur~eys is a~n estinte 1~~.~d upt~n average res~nnsse:: rates fc~r ~inular ~rajcrts, Final charges are nat bpi upan naarher of ca~mpleted surveys. + Payment rega~sts will tse Frcaeessed k-y the City in a tirr~ly ttttanna°~r unn receipt a~ itemi~e~l it~va~ices Fre-,nt the C#niversoty aF tdaha. • The fatal cast t'ar this prajea-t t<°ill nai exc~d .I5,445.2j, unless the scams of work changes.. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES -UNIVERSITY OF IDAHO PAGE 13 OF 15 ~~cic~r~ i ~ Sample Fame, Sample >~I~ctinn, and arrlpla ~iz~ Iu order to har=e a data set is loch is xepieserataiire of tlxe population of interested (lao~isel~olds 4~> mile from 8a' Street Park and hotaseholcls °•fs uaiie &oraa Ceaatenuial Park, cee trill use public utility lists of residential touts as otar sampling frame. This design n ill eaxstue that ererT household l~:as :era egtaal probabilitt of inclusion iea the sample, ,and mill include both neuters and propeetr otc-uers. The population size is 2,6fl4 parcels fioned as residential. Fiona dais population, ire will diau a raudona sample of 2,504 parcels to recei~°e tlae suxrer; some of ,srlucla ire expect to Ise recant or not actaaall~- households (e.g. clatarclies, scliools~. Ira orders to acluere an overall naaxgin of error for flue study of -I-,f -a~ m, ~c>e need a total of 3~0 completed sui~e~s. l~e~hod~rlc~9~ C~'e propose a modified Dillman2 mail sines methodology. This method u711 inrolre dv:ee n ifrrigs: 1} a first class mailing of flee surse~-instnualeiit, e~plauatoi~- letter, and stamped, self- addcessed rettarn enselope, ~) a postcard renunder, sent fast class, one Creek after the fast mailing, and 3j a second soarer, letter, and retuaai eurelope, seat frr-st class ttiro creeks after t12e postcard. This naethodolo,gt leas been slaotc-n to cield High response rates iea most cases. Recent SS1ZU household mail star>ers lance trpicalls yielded response rates of betireen ~5--6~'0, depeucliug on the population being sampled. Data Rill be kept strictly confidential ire accordance ~~ith L uirersit~- and Federal polio aricl data trill be reported oulr in aggre~ to fornL ue I~t~utrlent sin Ta address tlae research gtaestious of the Ci'tr of Rleridian, a mail sueres ~>il be seat try each hottselaold in the sample. Tlus starer trill be desigeied to obtaui information ova household income, park use, geographic distance to the park ,°in ntunber of blocks}, as tsell as sea-eral standard demographic rarYables te.g. age, nave, nauaiber of people in tlae household, education). Sumer leaagth, question cx-ording, and langR.aage elaoice lance been shoma Gca affect naspouse rates as csell as the gtzalits of data obtained fiom social starre~-s3. Therefore, me ta-ill use 't*osabulai~ and tertars appropriate to a large, geaaeral population and beep flee stu~e~ to a length that mill require tl>e respondents uo more than. teas minutes to cognphete. Press of Project l~otritoeing and Fvalllatio€~ ken feanare ui social surz-er research is nainirauzirag the carious sources of error. These sources isrcl~ade sauapling euor, aueastareuient error, coeeraJe area euor, and response euor. Sauaplirag error is a statistical result of taliaa:ag a sauzple, rather tliara a full census of the poptalatiou. t?sieag a probalsilitr-based sample Band targeturg 3~0 completed sun-ess, a rYaaximaaua sataapli~ euor at +fr_s° Q Copq ragiit 2f9o9, i7ni~ersitg of Idaho. The test and ideas contained is this proposal are ahe origic3al work of dae Social Science Research Unit at tlae L'nirersitg of Idaho. iinp repxodtFCtion, in peel or ~h®Fe, sY~ouki not tx done tvitlaout peaurission of tlae aaachors. DiDrnau, D. ~F?o?. A:tn:a axul buexnet 5iure~s: The Tailored Design 11lethod. Second Edition. John i~'ilec and Sons, Iris. Nets 1'orl: ~ Ibid. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNIVERSTl'Y OF IDAHO PAGE 14 OF 15 ran be aclxiered`. Measurement error :rill be nxinixxxized tlxrolagh carehxl constnaction of the stun er i~xsu.iuuents axxd t°esifrrativu of daia eutt~~. Coy erav~e error is a furxrtian of art ixxcvxrxplete yaxnplitxb frame. Fraxue crnastr~ietiorx Neill be desigrsed usitxg tlxe best frame araiLable-public utilitg- lists that include both praperri• omxers and renters. tioix-response error is an increasing problem ux siure~ researclxs'g but steps to Both mir,;,v,+>e aaxd test far uoxx-response bias trill be included. Tlgese steps ixzclude multiple follo~t--ups as areIl as a conxparison of tlxe sample demographics tritlx btxotrn poptxlatioxx estimates {such as frOEll LS Census Data}. LIIgt~ ~I811~S95 Data annlrsis gill be conducted using SPSS and 53Sfi Staustxcal sotttrare paclages. Descnpt~e statistics {ixxean, standard errors, and 95°`o corxtidexxee lixxxitsj mill be coustnxcted for all ~aria6les ~xncluduxg household ineome~ for the pooled samples as well as for each locatian separatelt~. Cross tabulations laetseen denx®graphic rauables and fre~uexacr of garl; use c~ psefeenses mill be roaxdtxcted to assess hots- respondent characteristics affect preference. ~ 5eheaffer, >~.I..~ ~', irxxdenlzall, III, anel RL. KJtt. f fib. ~lementa~ Sty° 5aarapling, $~ ~cli~ors.14T'~ orh,1V~~: l~t~btxc~* Press. ~ Grc~~es, Rif. ?Qflb. Nanrrspcanse rates aaxd taorxresponse bias in liotsse4ioirl sau~e~s. Public C3pinicau t~uarterl~° ~13-b~€6- b~5. ~ [3isen, ~. ' . Suer pripation, norxres ..bias, n-aeasurernesxt error bias and total bites. P'tiblir orx teslt ?Cl_73?- { 55. " 5I'SS, S,'ersxcxax 16. ~tt05. 5P55, InG ~ 5A5a ~` ersron 9.2. 2+~t-9. 5 Iixstxtute, Inc. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES - UNIVERSTI'1' OF IDAHO PAGE 15 OF 15 July 10, 2009 MERIDIAN CITY COUNCIL MEETING July 14, 2009 APPLICANT ITEM NO. JI'-B REQUEST Change Orders No. 1 & 2 for Ten Mile Creek Sewer Crossing. For Change Order No. 1 a Net Increase of $4,455.00 and for Change Order No. 2 a Net Decrease of $4,200.00 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: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. ~ _ ~ To: Jaycee Holman; Tara Green From: Roxanne Holland, EIT, Staff Engineer CC: Becky Licari, Administrative Secretary Date: June 25, 2009 Re: Proposed Agenda Item for July 7, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 7 City Council agenda, under Consent Agenda, for Council's consideration: Change Orders No. 1 and No. 2 for Ten Mile Creek Sewer Crossing (Construction) Change Order No. 1 is for the installation of an additional manhole not included as an original bid item. The change order is for an increase of $4,455.00 and amounts to 3.7% of the original contract price. Change Order No. 2 is a deductive change order in the amount of ($4,200.00) for liquidated damages incur-ed for exceeding the time of execution for the project as outlined in Section 3.5 of the Agreement. The two change orders result in a net increase of $255.00 or 0.2% of the original contract price. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for $4,455.00 and Change Order No. 2 for ($4,200.00) for the Ten Mile Creek Sewer Crossing (construction) project with Bodiford Construction, Inc. for and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 '~ L I CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 2 Project Number: 0753b Date: 6/24/2009 Effective Date: 6!4/2009 CONTRACTOR: Bodiford Construction, Inc. PROJECT: Ten Mile Creek Sewer Crossing The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desctptlon: 1) A decrease of $5,400.00 for liquidated damages 2) 3) 4) 5) Reason for Change Order: This change order reflects the liquidated damages incurred for the delay in completing the project per Section 3.5 of the Agreement. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $121,398.00 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 1 to 1 No. 0 to 0 $4,455.00 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $125,853.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: ($4,200.00) Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: $121,653.00 RECOMMENDED: (CONSTRUCTIO AN N M AGER) ACC ED (C NTRACT fo Co n ~ I ~ ~ C ~ Roxanne Holland i ~ By: Date: S , U Date: ~ y~ APPROVED: (C PURC G AGENT) ~ COUNCIL APP OVAL YY,iU Iii U,,, ~ ~~\\ ~ ~~~~ By: Keith W DATE OF APPROVAL `~.` ~~,~ ~ ~ ~ Date: ~- 2 S D ~ No Signature Required d~~~ A~ '~ APPROVED: iTl~ ATTEST: G By: Mayor Tam de eerd By: City Clerk, Jaycee f~olma ~~ p~ Date: 7 - (~ Date: `~ ~ ~ ~ ~ ~ c(ssT ,1 S~ '~~ ~® `~~~ July 10, 2009 MERIDIAN CITY COUNCIL MEETING July 14, 2009 APPLICANT ITEM NO. 5-C REQUEST New Beer & Wine License Application for Shari's Management Corporation dba Shari's of Meridian Located at 895 South Progress Avenue 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 Clfy of Meridian. COMMENTS See attached NEW BEER/WINE LICENSE APPLICATION ~ : ~fo.7~, INTERNAL APPROVAL CHECKLIST ~ ~ g ~~ For Internal -Office Use Only: Applicant: Shari's Management Corporation Business Name: Shari's of Meridian #206 Location: 895 S. Progress, Meridian. Idaho 83642 License Type: [X] Beer [XJ Wine p Liquor ~ (wine included) Application /File Fee: Beer $200.00 & Wine $200.00 = $400.00 Receipt No. 16772 Police Department: Police Chief Approval: Fire Department: Fire Chief Approval: Signature 7 G o~ ate ~~6 /a 9 Signature r Date Planning Department: ,~/,.?,~a Planning Director Approval: , Signature Date Public Works Department: Development Services Manager Approval: ` ~ ~ o Signature ate PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is a proposed amendment to be approved on the .tafq-~-t~pi, 2009 City Council Agenda. ~i , ~, ~ y.,/~, THANK YOU. NEW BEERNVINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal -Office Use Only: Applicant: Shari's Management Corporation Business Name: Shari's of Meridian #206 Location: 895 S. Progress, Meridian, Idaho 83642 License Type: [X] Beer [X] one ~ Liquor ~ (wine included) Application /File Fee: Beer $200.00 & Wine $200.00 = $400.00 Receipt No. 16772 Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Date Planning Department: '2 ~ '~~~ u~ ,+'~$ Planning Director Approval. ~ " ~ ~t1(~~}~' f~~~- Signature Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is a proposed amendment to be approved on the July 7th, 2009 City Council Agenda. THANK YOU. Page 1 of 1 Nancy Radford From: Joe Silva Sent: Monday, July 06, 2009 4:38 PM To: Nancy Radford; John Overton -Police; Anna Canning; Bruce Freckleton Cc: Jaycee Holman Subject: RE: New Beer/Wine License Application for Shari's Meridian Nancy & Jaycee Shari's is approved by the Meridian Fire Department. Please cc Kenny Bowers on all these in case I'm out of the office. Thanks Joe Joseph P. Silva Deputy Chief/ Fire Prevention Meridian Fire Department jsilva .meridiancity.org 33 E. Broadway Ave., Meridian, ID 83642 (208) 888-1234 Office (208) 895-0390 Fax Please note we have a new address. From: Nancy Radford Sent: Monday, July 06, 2009 9:59 AM To: John Overton -Police; Joe Silva; Anna Canning; Bruce Freckleton Cc: Jaycee Holman Subject: New Beer/Wine License Application for Shari's Meridian }f P.u4-~l ui, %~ cv N e~w 3 eev~/IN %v~.Pi L u;P,v~e~ ~1 pplicatw~w fog Sha~v'v ~ o-w 8 9 5 S . t v'o~re.~- ~lve 7~ ~ bp~i~ pv~o~a~ecL ~ ccw o-vv to-wio~trv~aw~ (JU.~y7titi) C%ty Co-~wtc,%L,4 ~~.v~,c~la . ~lea~n~ ~i.~w a f f civ~.aL retu.Yw ~u~~ pc~.~ to- w~.e~ asap. 7'h~,~v yam, .~1/ancy .Riz ~ay-d" Assistant City Clerk City of Meridian 33 E. Broadway Ave. Meridian ID 83642 Direct Line: 208-489-0391 7/6/2009 NEW BEER/WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST F+~r Interr~ai - Off'~ce Use Only;: Applicant:_ Shari's Management Corporation Business Name: Shari's of Meridian #206 Location: 895 S. Progress, Meridian. Idaho 83642 License Type: [X] Beer jX] Wine ~ Liquor ~ (wine included) Application /File Fee: Beer $200.00 & Wine $200.00 = $400.00 Receipt No. 16772 Police Department: Police Chief Approval: '~ Oe® /~~ Signature Fire Department: Fire Chief Approval: Signature Date Planning Department: Planning Director Approval: Signature Public Works Department: Development Services Manager Approval: Signature Date Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is a proposed amendment to be approved on the July 7th, 2009 City Council Agenda. THANK YOU. Page 1 of 1 Nancy Radford From: Bruce Freckleton Sent: Monday, July 06, 2009 1:14 PM To: Nancy Radford Subject: RE: New Beer/Wine License Application for Shari's Meridian Attachments: Bruce Freckleton (freckleb@meridiancity.org).vcf Good to go from the south end of the building... ? '" `~ Bruce Freckleton Development Services Manager Meridian Public Works Department From: Nancy Radford Sent: Monday, July 06, 2009 9:59 AM To: John Overton -Police; Joe Silva; Anna Canning; Bruce Freckleton Cc: Jaycee Holman Subject: New Beer/Wine License Application for Shari's Meridian }fea,~-~4LL, ia-a~Ne~w Seev'/INiv~.eiLu;ew~~i~lppLica~'~o-wfo~Shavv~aw895 S. ~ro~~ ~tve~ ~-i%l~psropo~ecLa~aw awtamorrd-wa-~Tu.Ly7t3~.) city Co-t,wu.%Lfl ~ ~lea.~ a~t,~w o ff a.-~.d~ -~etwv~w ~, ~~vLatuv~e~ pcr.~e~ ta- w~.e~ a~a.~~. ~~yd-U, .fancy 2Zadfa~~ Assistant City Clerk City of Meridian 33 E. Broadway Ave. Meridian ID 83642 Direct Line: 208-489-0391 7/6/2009 MayorTammy de Weerd E ~ ~ City Cound! AAembers: D ~~ ~ Keith Bird Joe Borton ~t ~i I V ~ Charles Rountree ~ ® t)avid Zaremba . !UL 0 6 clTV ol= ~f~. CITY CLERKS OFI=1C8 _ ~ ~ l~ 7 .~ ~ APPLICATION FOR NEW BEER LICENSE APPLICATION YEAR 2009 (1) Application is hereby made for a license as a Retailer Retailer or Package Vendor Only Of beer and fee in the sum of $ 2 0 0.0 0 is enclosed. Name of Business Shari' s Management Corporation 9400 SW Gemini Dr. Address Beaverton, OR 97008 Phone 503-605-4299 Type of Business corporation (InserE Corporation, Individual, Partnership, etc.) Name of Applicant James Wilson 4129 W. Blue Creek Dr. Address Meridian, ID 83642 Phone 208-608-3903 Address of Premises 895 Progress, Meridian, Ada, ID 83642 . Street Address City County (2) Premises are (cheek one: Owned Owned or Mortgaged Amount of Ilan secured by mortgage:$ ~ leased rented Owner of building is Brittany?, LLC; 80 Cascade Key, Bellevue, WA 98006 Name and Address Person holding mortgage on premises is Name and Address Fixtures in the premises are of the value of $ 107 , 5 0 nand are (check one): Owned Held on Conditional Sales Contract Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: ly~A Name and Address City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-888-4218 . vwvw.meridiancity.org If applicant is a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporation: 1 999, Delaware Registered Office: CT Corporation Systems, 1 1 1 1 W. Jefferson, Ste. 530 Boise, TD 83702 Name of Manager of Corporation: James wilson Manager of Corporation became a resident of Idaho on: 10 / 2 6 / 01 Names of all officers and Board of Directors of Corporation: See Attached If wholesaler, address where records are kept: N/A Recommendations (6 or more residents of Meridian required): 1. 4. ~~ 5. 6. STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY 1, James wilson ,being first duly sworn on my oath and say: That I reside at Meridian, In : that t became a bona fide resident of Beer License Application Page 2 of 4 Jdaho on October 26 2001 :that 1 am connected with the above named applicant as Owner Partner x Manager of Corporation That 1 now hold United States Internal Revenue Retail Liquor or Wine Dealers Stamp No. None or Malt Dealer's Stamp No. ~(if none, write "none") That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition None That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition None That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (if none, write "none") Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation None Beer License Application Page 3 of 4 That I am a citizen of the United States: (if naturalized, give number & place} Yes (If wholesaler, cross out the following line) That I am not an offcciai, agent or employee of any distillery, winery, brewery, of wholesaler or jobber STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this day of~ ~ , aoa°t, before the undersigned, a Notary Public in the State of Idah ,personally appeared James w, i on ,known to me to be the person who executed the said instrument, and acknowledged to me that he /she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first aboveAcvritten {SEAL) Nota 'PtrtSlic for Idaho Residing .at eri c,)•..'r,~.. My Commission Expires: False statemTiis application constitutes a felony and are punishable by imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). Beer License Applig8on Page 4 of 4 (Corporate Directors & Officers of Shari's Management Corporation) Directors: Bruce Douglas MacDiarmid 925 NW Hoyt St. #419, Portland, OR97209 Director/CEO/President SSN 545-80-9086 DOB 11/2/53 415-606-4943 Richard Adam Smith 130 E. 94a' Street #7B, NYC, NY 10128 Director SSN 488-86-8273 DOB 3/9/71 646-230-8812 Kerry Allen Kramp 4500 Via Marina #221, Marina del Rey, CA 90292 Director SSN 291-54-0783 DOB 9-1-55 612-991-4310 Officers: Bobby Ray Damron 2508 Palisades Crest Dr., Lake Oswego, OR 97034 Exec. VP/CFO/Secretary SSN 300-38-5428 DOB 4-29-44 503-605-4109 Alan Laird Hartley 2920 NE 157' Ave., Portland, OR 97230 Treasurer SSN 540-60-3770 DOB 5-26-57 503-605-4115 Vickie Del Irish 14878 SW Lookout Dr., Tigard, OR 97224 VP -Training SSN 565-90-2316 DOB 5-4-54 503-605-4134 Kevin M Kolb 7227 Park Terrace Drive, Keizer, OR 97303 VP -Operations SSN 535-76-3943 DOB 1-22-62 503-930-5182 Kevin W Bechtel 16809 SE 34~' Way, Vancouver, WA 98683 Sr. VP - Purchasing/R&D SSN 527-21-3406 DOB 8-6-58 503-605-4246 Glenn T Morley 32238 7~' Ave. SW, Federal Way, WA 98023 VP -Operations SSN 565-11-4388 DOB 11-OS-58 253-709-0986 Craig Jay Kessler 7010 SW Country View Ct., Wilsonville, OR 97070 Sr. VP -Operations SSN 554-72-6570 DOB 11-6-47 503-605-4127 Richard William Olsen 19920 Bluegrass Circle, West Linn, OR 97068 VP & General Counsel SSN 502-48-4537 DOB 10-22-46 503-605-4108 Michael Scott Bennett 29628 SW Jackson Way, Wilsonville, OR 97070 VP -Human Resources SSN 543-60-5553 DOB 12-6-50 503-605-4111 James Charlie Wilson 4129 W. Blue Creek Dr., Meridian, ID 83642 District (in-state) Manager SSN 520-90-8141 DOB 8-23-64 208-608-3903 MayarTammy de Weerd E I DIA City Council Members: Keith Bird ~'"~ ~, ~ i Joe Borton Charles Rountree ~ ~ ~uL Q ~ David Zaremba CITY OFC~f' IDrax '~ CITY CLERICS OFFICE ~ ~~7 7 ~ APPLICATION FOR NEW WINE LICENSE APPLICATION YEAR 2009 (1) Application is hereby made for a license as a Retailer Retailer Only Of Wine and fee in the sum of $200.00 (Retailer- $200.00) is enclosed. Name of Business Shari' s Management Corporation 9400 SW Gemini Dr. Address Beaverton, OR 97008 Phone 503-605-4299 Type of Business Corporation (Insert Corporation, Indlvldual, Partnership, etc.) Name of Applicant James Wilson . 4129 W. Blue Creek Dr. Address Meridian, ID 83642 Phone 208-608-3903 Address of Premises 895 Progress, Meridian, Ada, ID 83642 . Street Address City County (2} Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:$ x leased rented Owner of building is Brittany LLC, 80 Cascade Key, Bellevue, WA 98006 Name and Address Person holding mortgage on premises is Name and Address Fixtures in the premises are of the value of $1 0 7 , 5 0 o and are (check one}: Owned Held on Conditional SaieS Contract Leased or Rented if fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: N/ A Name and Address City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-888-4218 . www.meridiancity.org if applicant is a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporation: 1 999 Delaware Registered Office: CT Corporation System, 1 1 11 W. Jefferson, Ste. 530 . Boise, ID 83702 Name of Manager of Corporation: James Wilson Manager of Corporation became a resident of Idaho on: 10 / 2 6 / 01 Names of all officers and Board of Directors of Corporation: See Attached If wholesaler, address where records are kept: tv/A Recommendations (6 or more residents of Meridian required): z. ~~ 6. STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY 1, James Wilson ,being first duly sworn on my oath and say: That I reside at Meridian, ID that I became a bona fide resident of Wine License Applicafion Page 2 of 4 Idaho on October 26, 2001 : that I am connected with the above named applicant as Owner Partner x Manager of Corporation That I now hold United States Internal Revenue Retail Liquor or Wine Dealer's Stamp No. ]y,~„~ or Malt Dealer's Stamp No. None(if none, write "none"} That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition None That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none°) Date of Arrest Place of Arrest Charge Disposition None That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (if none, write °none°) Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation None Wine License Application Page 3 of 4 That I am a citizen of the United States: (if naturalized, give number & place) Yes (If wholesaler, cross out the following tine) That I am not an official, agent or employee of any distillery, winery, brewery, of wholesaler or jobber of Ilquor or malt beverages. STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this day of ~~,,.~ q , before the undersigned, a Notary Public in the State of Ida ,personally appeared James Wilson ,known to me to be the person who executed the said instrument, and acknowledged to me that he /she executed the same. IN WITNESS WHEREpF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above w,titten. (SEAL) ~ ~' '`~~'ss Notary for Idaho _,~. ` ~~T~'~Y-~ Residing at ~`,c~:ov~- Idaho '~'~"'• ~` ~ • = My Commission Expires: t~ 1 i ~`,~ ~'y.,,~T~e' nF 1pP,, False statemefits ir1``°this application constitutes a felony and are punishable by imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). Wine License Application Page 4 of 4 (Corporate Directors & Officers of Shari's Management Corporation) Directors: Bruce Douglas MacDiarmid 925 NW Hoyt St. #419, Portland, OR97209 Director/CEO/President SSN 545-80-9086 DOB 11/2/53 415-606-4943 Richard Adam Smith 130 E. 94~' Street #7B, NYC, NY 10128 Director SSN 488-86-8273 DOB 3/9/71 646-230-8812 Kerry Allen Kramp 4500 Via Marina #221, Marina del Rey, CA 90292 Director SSN 291-54-0783 DOB 9-1-55 612-991-4310 Officers: Bobby Ray Damron 2508 Palisades Crest Dr., Lake Oswego, OR 97034 Exec. VP/CFO/Secretary SSN 300-38-5428 DOB 4-29-44 503-605-4109 Alan Laird Hartley 2920 NE 157' Ave., Portland, OR 97230 Treasurer SSN 540-60-3770 DOB 5-26-57 503-605-4115 Vickie Del Irish 14878 SW Lookout Dr., Tigard, OR 97224 VP -Training SSN 565-90-2316 DOB 5-4-54 503-605-4134 Kevin M Kolb 7227 Park Terrace Drive, Keizer, OR 97303 VP -Operations SSN 535-76-3943 DOB 1-22-62 503-930-5182 Kevin W Bechtel 16809 SE 34`" Way, Vancouver; WA 98683 Sr. VP - Purchasing/R&D SSN 527-21-3406 DOB 8-6-58 503-605-4246 Glenn T Morley 3223 8 7th Ave. S W, Federal Way, WA 98023 VP -Operations SSN 565-11-4388 DOB 11-OS-58 253-709-0986 Craig Jay Kessler 7010 SW Country View Ct., Wilsonville, OR 97070 Sr. VP -Operations SSN 554-72-6570 DOB 11-6-47 503-605-4127 Richard William Olsen 19920 Bluegrass Circle, West Linn, OR 97068 VP & General Counsel SSN 502-48-4537 DOB 10-22-46 503-605-4108 Michael Scott Bennett 29628 SW Jackson Way, Wilsonville, OR 97070 VP -Human Resources SSN 543-60-5553 DOB 12-6-50 503-605-4111 James Charlie Wilson 4129 W. Blue Creek Dr., Meridian, ID 83642 District (in-state) Manager SSN 520-90-8141 DOB 8-23-64 208-608-3903 license must be May 1, 2009 - Apri! 30, 2010 ADA COUNTY LICENSE STATE OF IDAHO 2010 Year SHARPS MANAGEMENT CORP SHARPS OF MERIDIAN # 206 is granted a / to conduct a / or for a at 895 S Progress in (Street Address) THIS IS TO CERTIFY THAT ALCOHOLIC BEVERAGE License (Type) Meridian 83642 ,State of Idaho (City or Town) N0.14542 and has complied with the laws of the State of Idaho andlor regulations and ordinances of Ada County. BEER Bot!Ied~,Canned 75.00 Richard W. Ols~ WINE ~~~~~~._` VP & General Counsel By The Drink 100.00 Signature of Licensee or Officer of Corporation TOTAL 175.00 Approved by the Board of County Commissioners this 23 day of June 2009 . David Navarro, CIerWAuditor/Recorder Chairman May 1, 2009 - Apri130, 2010 -' -'' _- -'-- ~• • ~.-.rr v~ ~ ~ ~ ~~n~~ ~n Vt- 11ItJ LIIiCIV.7C .. .,,.~.... v ~ _ O -n O 3 Z O D n O W 0 ~°""~'3 m s 0 m 0 a a, y .. 0 N 0 ~ ~ ~ T p oo r rn rn ~ ~ ~ ~ ~ ~ ~ ~ 0 ~~ m o .-~. ~ ..~ ~ ~ ~ co o ~ ~. ~Q o ~ 0 ~ ~ fD ~ p -I O D ~ r m m o m o m rn o m ~ ~ ~ ~ ~ ~ o o ° ° o ° ~ ° o o 0 0 O O ° n ~_ 4 0 0 N O O CO 0 W O N O O ~ m _ _ ~ ~ ~ ~ ~ ~ ~ O m D ~ Z ~ ~ Z p _ m ~ • ? ~ ~ ~ ~ ~ v o m ~ m Q o D sZ ° Z Z ~ O ~ f iJ ~ ~ O Z a, 0 0 r n 3 c m 0 ~ S >~ ~~ d _O o C A ~ ~' o y Z7 o ~ b ti ~• ~ ~ ~ iu ~ ~. ~ ti . . ~ c`'o ~, ~ p N cD cne cno ~' s• ~ ~ o o m ~ ~ ~ ~ A A ~ N ~ ~ n A ~. '~ S' ~ ~ OD O ~Cr ~ n .p ~ ~ A ~ ~ ~ A j ~ N N ~ n ~ Q ° ~ c~ O A ~ c n ~ ( D ~ N '~ y ° ~ `~, Q co (D D co ~. ~ ~ ~ n w ~ co ~ ~ • o o ~ ~ O~ ~ N o C7 O ~~ O A ~ O ~ ~ ~ ~~~ ~ ~ sv ~A ~ ~ ~ ~y ~ r ~~ ~ ~ ~ ~ ~ b ~ ( ~ N ~ ~ ~ ~ o N ~ b N S, c0 ~ A A a ~ _ ~ ~ ~ ~ n ~ ~ ~ s (p y ~ sZ ~ ~ ~~ h. • ~ C (D O ~ C T V ( D T •V ~ ~ ~ ~ `~ Oo N ...a ~ Q~ O _~ o .~.. n m -i m A z 3 m 1 A N A 111~~/~ ':~/~//1111~..~t\\\% `40/lu~.,udN~~% `n//inn~~l~~"~mn. .. .....u.i1 .. ~ ....~~u.~.~.... .. a3Ad'1dSla A,Sf10(1~IdSNO~ 381Sf1W 3SN3~1~ SIN 1 July 10, 2009 MERIDIAN CITY COUNCIL MEETING July 14, 2009 APPLICANT ITEM NO. J/'-D REQUEST Professional Service Agreement with Tom Phelps for Musical Talent for Concerts on Broadway 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 See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT -MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this day of July, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"); the Meridian Downtown Business Association, Inc. a nonprofit corporation organized under the laws of the State of Idaho ("MDBA"); and Tom Phelps, an individual person ("Manager"). (City, MDBA, and Manager may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is assisting the Meridian Downtown Business Association in presenting Concerts on Broadway, a series of concerts to be held in the plaza during the summer; WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of Rich Wetzel, a Tacoma, Washington-based solo and leading trumpet artist, with accompaniment provided by a seventeen-piece jazz and swing band composed of local musicians (Rich Wetzel and other musicians may hereinafter be collectively referred to as "Performers"); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Manager shall make arrangements for Rich Wetzel and approximately seventeen (17) instrumental musicians to perform for the public approximately ten (10) jazz, swing and/or rhythm and blues songs, from 6:30 p.m. to at least 8:00 p.m., on Saturday, July 18, 2009, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho. Performers may take one fifteen-minute break during this time. B. Set-up. Manager shall set up risers, public address system, and sound or amplification system at 2:00 p.m. on Saturday, July 18, 2009 for the purpose of set-up, rehearsal, and/or sound checks. All all set-up, rehearsal, and/or sound checks shall be completed by 5:30 p.m. II. COMPENSATION. A. Total amount. MDBA shall make total payment to Manager for all services rendered pursuant to this Agreement in the amount of two thousand dollars ($2,000.00). This amount shall constitute full compensation for any and all services, costs, and expenses related to this Agreement, including, but not limited to, any and all performance and travel fees due and owing to Rich Wetzel and the other performers. Manager shall pay PROFESSIONAL SERVICES AGREEMENT -TOM PHELPS, CONCERTS ON BROADWAY PAGE 1 Of 7 Rich Wetzel and the other performers in the amounts agreed between those parties. Manager and his payees shall be responsible for payment of any and all taxes. B. Cancellation of event. If Rich Wetzel and the other Performers are present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, MDBA shall pay Manager in the amount set forth herein, even if the event is cancelled due to inclement weather or other unforeseen events not caused by Manager or Performers. Any decision regarding whether to cancel Performers' performance shall be made no earlier than 6:00 p.m. on Saturday, July 18, 2009. C. Method of payment. Manager shall provide MDBA with an invoice for services provided, which MDBA shall pay within fourteen (14) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Manager and/or Manager's payees. III. VENUE A. Plaza. Manager shall provide and set up risers on the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho, which is an outdoor, open, public venue. Manager shall be solely responsible for any and all measures necessary to protect any and all equipment, instruments, and Performers from damage due to weather and/or other conditions that do or may exist. B. Public venue. Manager acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, Manager shall ensure that Performers perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Performers' performance, language, and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Manager and Performers shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Sound system. Manager shall provide a public address system that is intended to be used for verbal announcements. If Manager elects to amplify the music by means of any other sound system, Manager shall provide and operate any and all equipment necessary to do so. E. Photography and recording. City and/or MDBA shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, Performers' performance for educational and public information purposes, but shall not undertake such recording activities for commercial purposes. Neither City nor MDBA shall be responsible for the actions of persons who are not under their employment or control. PROFESSIONAL SERVICES AGREEMENT -TOM PHELPS, CONCERTS ON BROADWAY PAGE 2 Of 7 F. Merchandising. Manager and/or Rich Wetzel shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that Manager and/or Rich Wetzel voluntarily donate to the Meridian Arts Commission twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event. Iv. TERMS AND CONDITIONS A. Time of the essence. Manager acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, 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. B. Promotion of event. 1. Promotion by MDBA. MDBA shall promote the July 18, 2009 performance in community media and event calendars as available and appropriate. 2. Promotion by City. City shall promote the July 18, 2009 performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. 3. Promotion by Manager. Manager may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. MDBA and City, respectively, hereby convey to Manager permission to use MDBA's and City's respective names in all forms and media and in all manners, without violation of MDBA's or City's respective rights of privacy or any other rights MDBA or City may possess in connection with their roles in the production of Concerts on Broadway, except that Manager may not use MDBA's logo in any manner whatsoever without the express, written consent of the MDBA president, and Manager may not use City's logo in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. Manager shall not subcontract or assign any of its obligations under this Agreement related to or that may relate to Manager's, Rich Wetzel's, or Performers' artistic talent or expertise. Manager may subcontract or assign obligations that do not relate to artistic talent or expertise, including, but not limited to, transport and set-up of equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. PROFESSIONAL SERVICES AGREEMENT -TOM PHELPS, CONCERTS ON BROADWAY PAGE 3 Of 7 E. Indemnification. Manager and Performers shall, and hereby do, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Manager, Performers, assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. F. Waiver. Manager and Performers waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Manager's or Performers' performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Manager and Performers are independent contractors and are not employees, agents, joint venturers, or partners of MDBA or City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Manager or Performers and MDBA or City or between Manager or Performers and any official, agent, or employee of MDBA or City. Manager and Performers shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Manager and Performers shall comply with any and all applicable federal, state, and local laws. I. Non-Discrimination. Throughout the course of this Agreement, neither Manager nor Performers shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. PROFESSIONAL SERVICES AGREEMENT -TOM PHELPS, CONCERTS ON BROADWAY PAGE 4 Of 7 M. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. O. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. P. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each parry and their successors, assigns, legal representatives, heirs, executors, and administrators. Q. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: C City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208) 898-5506 E-mail: ekane@meridiancity.org MDBA: Meridian Downtown Business Association James Fullinwider, President P.O. Box 650 Meridian, Idaho 83680 Phone: (208) 888-1465 E-mail: jamesf@aaillc.com Manager: Tom Phelps 10790 W. Hickory Drive Boise, Idaho 83713 Phone: (208) 327-0049 PROFESSIONAL SERVICES AGREEMENT -TOM PHELPS, CONCERTS ON BROADWAY PAGE 5 Of 7 Any party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. R. Agency. Manager expressly represents that he is authorized by Performers collectively, and by Rich Wetzel specifically, to act as such persons' agent for the limited purpose of executing and fulfilling the terms of this Agreement. Manager expressly represents that he is duly authorized to bind Performers to the terms and conditions set forth herein. Manager acknowledges that he has provided to Performers, including Rich Wetzel, and/or to Performers' respective legal counsel, a meaningful opportunity to review this Agreement prior to its execution by the Parties. Specifically, Manager represents that Rich Wetzel has conveyed to Manager agency authority for the purpose of executing this Agreement and all terms and conditions hereof, and that Rich Wetzel does agree to all terms and conditions hereof insofar as they relate to or may affect him or his interests. S. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of July, 2009. MANAGER: ( ~- _ Tom helps may, s r®l y~ ~~~p TA I~ yyo e ~~ . ~~ • ~ s e ee A G . ~.P.1.a~ e e e ed. A~.FI. STATE OF Idaho ~~ ) ss: County of ) I HEREBY CERTIFY that on this ~~ day of -~~ e- 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared Tom Phelps, Irnown to me to be the person who executed the said instrument, and aclrnowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. / ~ otary Public for Idaho esiding at ~''> £/L~v~1t~/ ,Idaho My Commission Expires: Z z z®e~o PROFESSIONAL SERVICES AGREEMENT -TOM PHELPS, CONCERTS ON BROADWAY PAGE 6 Of 7 MERIDIAN DOWNTOWN BUSINESS ASSOCIATION: ~. / ' r ~. ,, Jame linwi er 6.•` ~. ~` IE A. ,~ •.•9 v, ve 1~OT'4$1, v~ STATE OF Idaho ) ss: County of~~., r, ) I HEREBY CERTIFY that on this Z a~`° day of ~' ~. 2009, before the undersigned, a Notary Public in thf Idaho, personally appeared James Fullinwider, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. 0 ~. ; '~~~ • z ~,v c * ~ __ ;; N B j'1 r` ~T~ ~ 6~ ,~~~~ •'•.••~y~ ~,~0 1~7otary Public for Idaho OF L9 Residing at ~~ a - ~•~; ..; ~ Idaho My Commission Expires: `" ~ ~ ~ ~" CITY OF MERIDIAN: BY: ~~~~?~l/ cJ'~ Tammy de e d, Mayor . \~\~\~~ef~~i"~liit~rli// Attest: ~ Jaycee man, Cit~Cle $~;~ _ '9 ~~ 1 9~ T 1S'~ • •~ ~~• ~~'% q `QP `~~`. %. ~~~ PROFESSIONAL SERVICES AGREEMENT- , ONCERTS ON BROADWAY PAGE 7 of 7 PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT -MUSICAL TALENT FOR CONCERTS ON BROADWAY {"Agreement") is made this day of July, 2009 ("Effective Date"}, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"); the Meridian Downtown Business Association, Inc. a nonprofit corporation organized under the laws of the State of Idaho ("MDBA"); and Tom Phelps, an individual person ("Manager"). (City, MDBA, and Manager may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is assisting the Meridian Downtown Business Association in presenting Concerts on Broadway, a series of concerts to be held in the plaza during the summer; WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of Rich Wetzel, a Tacoma, Washington-based solo and leading trumpet artist, with accompaniment grovided by a seventeen-piece jazz and swing band composed of local musicians (Rich Wetzel and other musicians may hereinafter be collectively referred to as "Performers"}; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Manager shall make arrangements for Rich Wetzel and approximately seventeen (17) instrumental musicians to perform for t11e public approximately ten (10) jazz, swing and/or rhythm and blues Bangs, from 6:30 p.m. to at least 8:00 p.m., on Saturday, July 18, 2009, in the plaza at Meridian City HaII, at 33 E. Broadway, Meridian, Idaho. Performers may take one fifteen-minute break during this time. B. Set-up. Manager shall set up risers, public address system, and sound or amplif cation system at 2:00 p.m. on Saturday, July 18, 2009 for the purpose of set-up, rehearsal, and/or sound checks. All all set-up, rehearsal, and/or sound checks shall be completed by 5:30 p.m. II, COMPENSATION. A. Total amount. MDBA shall make total payment to Manager for all services rendered pursuant to this Agreement in the amount of two thousand dollars ($2,000.00). This amount shall constitute full compensation for any and all services, costs, and expenses related to this Agreement, including, but not limited to, any and all performance and travel fees due and owing to Rich Wetzel and the other performers. Manager shall pay PROFESSIONAL SERVICES AGREEMENT--TOM PHELPS, CONCERTS ON BROADWAY PAGE 1 Of 7 Rich Wetzel and the other performers in the amounts agreed between those parties. Manager and his payees shall be responsible for payment of any and all taxes. B. Cancellation of event. If Rich Wetzel and the other Performers are present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, MDBA shall pay Manager in the amount set forth herein, even if the event is cancelled due to inclement weather or other unforeseen events not caused by Manager or Performers. Any decision regarding whether to cancel Performers' performance shall be made no earlier than 6:00 p.m. on Saturday, July 18, 200.9. C. Method of payment. Manager shall provide MDBA with an invoice far services provided, which MDBA shall pay within fourteen {14) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Manager and/or Manager's payees. III.v~rru~ A. Plaza. Manager shall provide and set up risers on the outdoor plaza on the east side of Meridian City Hali, 33 E. Broadway, Meridian, Idaho, which is an outdoor, open, public venue. Manager shall be solely responsible for any and all measures necessary to protect any and all equipment, instruments, and Performers from damage due to weather and/or other conditions that do or may exist. B. Public venue. Manager acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, Manager shall ensure that Performers perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Performers' performance, language, and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Manager and Performers shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. . D. Sound system. Manager shall provide a public address system that is intended to be used for verbal announcements. If Manager elects to amplify the music by means of any other sound system, Manager shall provide and operate any and all equipment necessary to do so. E. Photography and recording. City and/or MDBA shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, Performers' performance for educational and public information purposes, but shall not undertake such recording activities for commercial purposes. Neither City nor MDBA shall be responsible for the actions of persons who are not under their employment or control. PROFESSIONAL SERdICES AGREEMENT-TOM PHELAS, CONCERTS ON BROADWAY PAGE 2 8f 7 F. Merchandising. Manager and/or Rich Wetzel shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that Manager and/or Rich Wetzel voluntarily donate to the Meridian Arts Commission twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event. IV. TERMS AND CONDITIONS A. Time of the essence. Manager acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, 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. B. Promotion of event. 1. Promotion by MDBA. MDBA shall promote the July 18, 2009 performance in community media and event calendars as available and appropriate. 2. Promotion by City. City shall promote the July 1$, 2009 performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. 3. Promotion by Manager. Manager may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. MDBA and City, respectively, hereby convey to Manager permission to use MDBA's and City's respective names in all forms and media and in all manners, without violation of MDBA's or City's respective rights of privacy or any other rights MDBA or City may possess in connection with their roles in the production of Concerts on Broadway, except that Manager may not use MDBA's logo in any manner whatsoever without the express, written consent of the MDBA president, and Manager may not use City's logo in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. Manager shall not subcontract or assign any of its obligations under this Agreement related to or that may relate to Manager's, Rich Wetzel's, or Performers' artistic talent or expertise. Manager may subcontract or assign obligations that do not relate to artistic talent or expertise, including, but not limited to, transport and set-up of equipment and/or instruments. Any subcontractor or assignee shall be bound by alI the terms and conditions of this Agreement. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of fine same or any other provision hereof PROFESSIONAL SERVECES AGREEMENT-TOM Pt-~Ei.PS, CONCERTS ON $ROADWAY PAGE 3 Of 7 E. Indemn~cation. Manager and Performers shall, and hereby do, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Manager, Performers, assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. F. Waiver. Manager and Performers waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Manager's ar Performers' performance of this Agreement, whether such loss or damage maybe attributable fio known or unknown conditions, except far liability arising out of concurrent or sole negligence of City ar its officers, agents or employees. G. Relationship of Parties. Manager and Performers are independent contractors and are not employees, agents, joint venturers, or partners of MDBA or City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Manager or Performers and MDBA or City or between Manager or Performers and any official, agent, or employee of MDBA or City. Manager and Performers shall retain the right to perform services for others during the term of this Agreement. H. CompUance with law. Throughout the course of this Agreement, Manager and Performers shall comply with any and all applicable federal, state, and local laws. I. Non-Discrimination. Throughout the course of this Agreement, neither Manager nor Performers shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral ar written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlazged, modified or altered except upon written agreement signed by, both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. PROFESSIONAL SERVICES ~-GREEMENT-TOM PHELPS, CONCERTS ON BROADWAY PAGE 4 of 7 M. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, .the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Interpretation. Wards of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement aze for convenience and ease of reference only, and do not de$ne, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. O. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. P. Successors gad Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, Iegal representatives, heirs, executors, and administrators. Q. Notice. Any and ail notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: C City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208) 898-SSOb E-mail: ekane a{;meridiancity.org MDBA: Meridian Downtown Business Association James Fullinwider, President P.O. Bax 650 Meridian, Idaho 83680 Phone: (208) $88-1465 E-mail: jamesf~u?aaillc.com Manager: Tom Phelps 10790 W. Hickory Drive Boise, Idaho 83713 Phone: (208) 327-0049 PROFESSIONAL. SERVICES AGREEMENT -TOM PHELPS, CaNCERTS ON BROADWAY PnaE 5 of 7 Any party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. R. Agency. Manager expressly represents that he is authorized by Performers collectively, and by Rich Wetzel specifically, to act as such persons' agent far the limited purpose of executing and fulfilling the terms ofthis Agreement. Manager expressly represents that he is duly authorized to bind Performers to the terms and conditions set forth herein. Manager acknowledges that he has provided to Performers, including Rich Wetzel, and/or to Performers' respective legal counsel, a meaningful opportunity to review this Agreement prior to its execution by the Parties. Specifically, Manager represents that Rich Wetzel has conveyed to Manager agency authority for the purpose of executing this Agreement and all terms and conditions hereof, and that Rich Wetzel does agree to all terms and conditions hereof insofar as they relate to or may affect him or his interests. S. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of July, 2009. MANAGER: STATE OF Idaho ) ) ss: County of } I HEREBY CERTIFY that on this day of 2009, before the undersigned, a Notary Pu61ic in the State of Idaho, personally appeared Tom Phelps, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Tom Phelps Notary Public for Idaho Residing at ,Idaho My Commission Expires: PROFESSIONAL SERVICES AGREEMENT -TOM PHELPS, CONCERTS ON BROADWAY PAOE 6 of 7 MERIDIAN DOWNTOWN BUSINESS ASSOCIATION: ~``~,~ ., Jame linwt er ~~.+` l,y~1E q, ,y$ ~ oo ev ~ ~ ; ~oTA~~ *, , ®-e,~ v, J'V8L1C ,,,•~ •-~~ 4P I'D ~ CITY OF MERIDIAN: BY: Attest: STATE OF Idaho } } ss: County of ~~l a- ) I [-IEREBY CERTIFY that on this `~ ~`~' day of .} 2009, before the undersigned, a Notary Public in the fate of Idaho, personally appeared James Fullinwider, (mown to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITI~IESS WHEREOF, I have hereunto sefi my hand and affixed my official seal, the day and year in this certif cafe first above written. Notary Public for Idaho Residing at f`1 t ' off; _. _ Idaho My Commission Expires: l.~ J ~ Tammy de Weerd, Mayor Jaycee Holman, City Clerk ?~ ~~pr PROFESSIONAL SERVICES AGREEIvIENT- , ONCERTS ON BROADWAY PAGE 7 of 7 July 10, 2009 MERIDIAN CITY COUNCIL MEETING July 14, 2009 APPLICANT ITEM NO. J/'-E REQUEST Resolution -- Declaring Intent to Convey Real Property to ACHD pursuant to direction given during Public Works Department Report at the July 7, 2009 City 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: See attached ~~~ ~ ti~ ~s Contacted: Date: Emailed: Phone: ~iarr mmais: Materials presented at public meetings shall become properly of the CHy of Meridian. CITY OF MERIDIAN RESOLUTION NO. ~ ~ ' (~ 7-s BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO CONVYEY TO THE ADA COUNTY HIGHWAY DISTRICT CERTAIN REAL PROPERTY LOCATED AT 303 NORTH TEN MILE ROAD, A PORTION OF ADA COUNTY PARCEL NUMBER 51210449020 LOCATED IN THE SE'/ OF THE SE '/ OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY IDAHO; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS, the declaration may be in the form of an explanation of an intended exchange or conveyance for other than monetary consideration; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit, with or without consideration; and, WHEREAS, the Ada County Highway District has requested that the City Council of the City of Meridian set a hearing to consider the transfer of certain real property from the City to the District forright-of--way purposes; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the city council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to convey to the Ada County Highway District certain real property located at 303 North Ten Mile Road Resolution Declaring Intent to Convey Real Property - page 1 of 3 in the City of Meridian and legally described on Exhibit "A" attached hereto and incorporated herein. Section 2. That the City of Meridian hereby declares its intention to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of--way purposes. Section 3. That the City Clerk is hereby instructed to publish a summary of this declaration if intent and establish a public hearing date to review the proposal to convey the real property. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. That this Resolution shall be in full force and effect immediately upon its e City Council of Meridian, Idaho, this (~ ~ of Y 2009. 1, ~ _ ;he Mayor of the City of Meridian, Idaho, this ~ day of 2009. APPROVED: ~e~~~r~y MAYOR ATTEST: \```~~ `0~~~~~O'9 ' '~. ~~ C~' ~° ~~'~~ rF , o CITY CL = SAL o~ ., ~ `o Resolution Declaring Intent to Convey Real Property - page 2 of 3 adoption and approval. Exhibit A C)~.vner of Record: City ofi4Zeridian Parcel: Nv. {5l"?104490~0) ~~C'1-[O 1'rvjc:ct: Ten Iviile Road (Franklin to Cherr}+) Project Nc~.: 504003 Right-of-Vt~a}~ Take Description -Parcel 9 A parcei of I~tnd located in the SEIJ~i of Section l0, Township 3 Nortli, Range l '~~vest. Boise Meridian, Ada County,ldaho, said description being a portion of that parcel as described by Pioneer Tine Company in Comnxitment for Tide Insurance, Larder No. 29963G, Schedule A and also as shoK~n an Record of Survey No. 8218, filed as instrument number I08d 16231, records of Ada County, Idaho, beiu~g mare particularly described as Fallativs: Commencing at a brass cap marking the southeast corner oFthe SEI/4 of said Section 10 from which a brass cap marking the n©rtheasi corner of said SE1~4 beats N 0°52'05" E, 2646.36 feet, thence N 0°52'OS" E, 946.$3 feet along the east boundary of said SE1~4 to a point being the southeast comer of said parcel, said point also being the TtEAL POINT QF BEGINNING. Thence continuing ]~ 0°S?'O5" E, 150,1}0 feet along the east boundary to the northeast corner of said parcei; Thence leaving said east boundary N 88°26'SI" W, 48.00 feet along the north boundary of said parcel to a point; Thence S 0°52'05" W, 150.00 feet to a point on the south boiuidary ofsaid parcel; Thence S 88°?6'51" E, 48.00 feet along said south boundary to the Rea! Point of Beginning. Said described parce[ contains 7,I 87 square feet (0. i 7 acres) and includes 3,750 square fbet (0.09 acres} of prescriptive right-of way and is subject to easements of record or in use. This legal description vjas prepared by the ACRD Szuvey Section from record data and field surveys. ..» ~ . ~ . ~ ~ ~. ~"~. + './/~~~ --~ .mss-' ~," ' r ,.~ j' t ~%+• fir. Resolution Declaring Intent to Convey Real Property - page 3 of 3 July 10, 2009 MERIDIAN CITY COUNCIL MEETING July 14, 2009 APPLICANT ITEM NO. Jf -F REQUEST Memorandum Agreement Amendment to Collective Labor Agreement between the City of Meridian Band Meridian Firefighters IAFF Local 4627 for Wage Schedule from October 1, 2009 Until September 30, 2010 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. July 10, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayof's Office Department Reports July 14, 2009 ITEM NO. 6-/~1-~ REQUEST MYAC Update on AIC Conference 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 Clly of Meridian. COMMENTS July 10, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING July 14, 2009 APPLICANT Legal Department ITEM NO. 6-8-~ REQUEST Discussion on Exchange of Real Property for Heroes Park 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 publ(c meetings shall become property of the City of Meridian. COMMENTS July 10, 2009 MERIDIAN CITY COUNCIL MEETING Department Reports July 14, 2009 APPLICANT Legal Department ITEM NO. 6-8-2 REQUEST Resolution -- Intent to Exchange Real Property. Trades a .09 acre portion of Heroes Park fora .15 acres parcel of Adjacent Property to Provide Pathway access between the nw boundary of Heroes Park & N. Ten Mile 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: See attached ~ ~~ n~ 0 \V J OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publ(c meetings shall become properly of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. n-l - (a~ (a BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO OFFER FOR EXCHANGE CERTAIN REAL PROPERTY LOCATED AT 3064 WEST MALTA DRIVE IN THE CITY OF MERIDIAN AND LEGALLY DESCRIBED AS A PORTION OF LOT 04 OF BLOCK 38 OF THE LOCHSA FALLS SUBDIVISION NO 09 (AT HEROES PARK) TO GAIN DEEDED PATHWAY ACCESS BETWEEN THE NORTHWEST BORDER OF HEROES PARK AND NORTH TEN MILE ROAD; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED EXCHANGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to exchange any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth an explanation of the intended exchange; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that the property be offered for exchange, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, exchange any city-owned real property for real property of equal value pursuant to terms which shall be a matter of public record; and, WHEREAS, the proposed transaction would exchange an unused .09 acre portion of the city-owned Heroes Park for property of equal value, to wit: a .15 acre parcel of privately owned property to provide pathway access between the northwest boundary of Heroes Park and North Ten Mile Road; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the city council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing; and, NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to offer for exchange certain real property located at 3064 West Malta Drive in the City of Meridian and legally described and depicted on Exhibits "A" and "B" respectively, attached hereto and Resolution Declaring Intent to Exchange Real Property - page 1 of 6 incorporated herein, for a lot of equal value, to wit: a portion of real property located at 5850 North Ten Mile Road in the City of Meridian and legally described and depicted on Exhibits "C" and "D" respectively, attached hereto and incorporated herein. Section 2. That the City Clerk is hereby instructed to publish a summary of this declaration if intent and establish a public hearing date to review the proposal to exchange the real property. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of Meridian, Idaho, this ~ ~ ~y of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ ~ day of 2009. APPROVED: ~~~~ MAYOR \1\`~ ~ ti~ 11 1 l~~ f f(i~l /i // ATTEST: 1'~° "' W T~ o '= ~- - SLAL M CITY C RK ~ ,~~° ~~~s/~ 9 `O~ ``\`\, Resolution Declaring Intent to Exchange Real Property - page 2 of 6 Date: 7j7/Q9 Exhib~.~ `.A„ Project No.; 241, located in the SWl/4 of the NW1/4 of Section 26, T. 4 N., T{.1 W., B NI., Ada County, Idaho, being more partictila7rly described as follows: Connmencing at the west 1/4 oornex of said Section 26, a found 5/t3 inch rebar, C.P.&F., Ir~st No. 99113293, corner xecords of said Ada County; Thence a bearing of N 00°20'42" E, a distance of 660.(}:3 feet, on rite west boundary of said Section 26, to a poimtti from which a found 5/8 inch rebar marking fire southwest corner of SiIverleaf Subcliuision No. 1, Book 93, pages 11Z~i-11105, plat records of said Ada County, bears N 00°20'42" 8, a distaziee of 29~ 96 ~ Thence a bearing of S 89°OT59" E, a distance of 24.98 feef; to a found 5/$ inch rebar on the eastright-~of-way boundary of Naz°ih Ten Mile Road, marking fine southwest corner of a parcet of rand described by deed Inst No. 341397; Thence a bearing of S 89°OT59" E, a distance of 13.02 feet on the south bo~u~daxyr of said parcel of laxtd d~'bed by deed Inst. No. 341397, to a point on said east right-af-way boundary of North Ten Mite Road, said paint being the TRT.IE PC}iNT OF 13EGIlVNING of said easesuertt Thence a bearing of S 89°OT'S9" B, a disfar-ce of 255.33 feet, on said south boundary of a parcel of land described by deed Inst No. 341397, t3o a found 5 j8 inch rebax, being the southeast comer of said parcel of laaui described by deed Inst No. 341397; Thence a bearing of S 00°20'25" W, a distance of 20.62 feet; on the southerly extension of the east boundary of said paxcel of Iaxtd described by deed Ir4si~ No. 347.397, tv a point Thence a bearing of N 87°05'49" W, a distance of 255.57 feet to a paint on said east right-of-way boundary of Norttiz Tett Nhte Foad; Thence a bearing of N 00°20'42" E, a distance of 7.1.54 feeiy an said east: right-of way bounciaty of Noriii Ten Mee Road, to ~e POIATT OF BEGIlVNING. Said described c contains 0 09 acres, more ox less. Resolution Declaring Intent to Exchange Real Property - page 3 of 6 ~I ~ p o l ~ o ~N ~ ~~ ~ bN a q ~-- -- - - - ,~ Z086Z 3 SZ.O~OON ~ ..• ~~~~ ~'-+ 11,~0~N -+ + ~ ~ ~ ~~~. ~ ~ t ~ ~.~~ llf~ z ~~:~ -a-- ~ ~ e ~.' '. U '~ ~ N H `• ~ ~ ~ ~ ~~'~ .• ~ ~ , ~,\+ ~- .~` ~ ~` \ O ~ •~` ` '~ . ~~ ~~~ .. _ 1 _ " a° z~~~ h ~ ~s ~~~~~' °z ~~~_ 1 fit- ~ OQC ~ 4 0 a 2 ~O+ 3,L£ 0&OON) N.~,L H.L~I~N ~ ~r ~ 76'LSZ 3 Zf,0~0oN aw 3„Zi;0~001d ~ N '~ rn N ~ w r!1 --~- ~N _. ._ VO ;mil ~~I~~ I~~ t17 a N O ~~~ ~r~Q M Q Q ~ iN2 ~ ~r ~ ~~~ Ei a ~dq s Fit a . ~~ w~~ p ~ a Q~ ~~ a ~~~ Resolution Declaring Intent to Exchange Real Property - page 4 of 6 Date: 2/9/09 ~ ~r Exhibit` Project No.: 2~1I located in the SW1/4 of the NW1/4 of Section 26, T. 4 N, R.1 W., B.M., Ada County, Idaho, being the northerly 25 feet of a parcel of land described b_y Quitclaim Deed lest. No. 341397, deed records of said Ada County, being more particularly described as follows: Commencing at west 1/4 confer of said Section 26, a found 5/8 inch rebar, C.P.&F., lest No. 99213293, corner records of said Ada County; Thence a bearing of N QO°2tl''42" E, a distance of 957.99 feed on the west boundary of said Section 26, m a found 5/8 inch rebar, being the sou#hwest comer of SiIverleaf Subdivision No. 1, Book 93, pages 111tY3-12105, plat records of said Ada County, and the northwest comer of said parcel of land described by Quitclaim Deed Inst. No. 341397, deed records of said Ada County; Thence a bearing of S 89°08'38" E, a distance of 25.00 feet; on the south boundary of said S~lverleaf Subdivision No,1, to a point ozt the east right of-way boundary of North Ten Mile Raad, being the TRTJE POItNT OF BEGINNING of said easement Thence a bearing of S 89°08'38" E, a distance of 268.30 feet, on said south boundary of Silverleaf Subdivision No. 1, to a found 5/8 inch rebar, being the northeast corner oaf said parcel of land descn'bed by Quificlaixn Deed Dist No. 341397; Thence a bearing of S 00°20'25" iN, a distance of 25.00 feet; on the east boundary of said parcel of land described by Quitclaim Deed Inst No. 341397, to a point; Thence a bearing of N 89°08'38" W, a distance of 26$.31 feet, fio a point on said east right-of-way boundary of North Ten lVl~ile Road; Thenoe a bearing of N 00°20"54" E, a distance of 25.00 feet, on said eastright-of-way boundary of North Ten Mile Road, to ttie POINT OF BEGINNING. Said described ~ :ontains 0.15 acres, more or less. Resolution Declaring Intent to Exchange Real Property - page 5 of 6 f o m ~ m .. z° ' ~ ~ ~~~ ~ Q s ~ ~8~~~ 2QeQ D M~ ~ 44. V4 _~4 W f7 ~~ ~ O®© a III I ~ ,~; ~ a a .~~ I I I I N M,.s'c,azoas oo~sa ~ ,~O'B8L 3,5'S,ObOpN w ~ ..~ d . ~ ~~~ ~~ ~ F° ~ ~ ~~~ ~~ s~s G W ~ ~ ~ ~r ~ pl E ~~ ~ ~ ~~~ ~~ ~ 1 ~ ' ~ .. t~ ~ gg ~N .... - .9~7iL~i 3.OS,OZ.~! ~ 09B ~ 8 • .OL'SL9l - - - ~~s6~ - - - a 3 Z4,QLQON ~~ !~4 .fyy$~ ~g°~$~- a 3.OyiQT»~N 7~IY ~ srgl YY4Y ~Ir-jSl ~ry 02~^ ~ ~ ~ q~ ~ ~~ ~ ~ o , ~6 w Z~i°~ p ~, ~~~x C , ~ ~LL~ • 6^~P ~~~ g~ ~ ~~ ~mr. s d Resolution Declaring Intent to Exchange Real Property - page 6 of 6 July 10, 2009 RZ 09-002 MERIDIAN CITY COUNCIL MEETING July 14, 2009 APPLICANT Pride, LLC ITEM NO. $ REQUEST Continued Public Hearing from July 7, 2009 -Request for Rezone of 10.13 acres from R-8 to TN-R zone for Crossfield -south of W. Ustick & west of N. Biairmore Way 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 Previous Item Packet /Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CHy of Meddfan. July 10, 2009 MERIDIAN CITY COUNCIL MEETING July 14, 2009 APPLICANT ITEM NO. 9 REQUEST Ordinance --Updating Licensing Code Provisions 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: ~ " 1 / ' CITY PARKS DEPT: n MERIDIAN SCHOOL DISTRICT: (oC1 ~j ADA COUNTY HIGHWAY DISTRICT: U ~ 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 Mertdlan. CITY OF MERIDIAN ORDINANCE NO. Cr-~ - I y ai BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING TITLE 3, CHAPTER 1, MERIDIAN CITY CODE, REGARDING LICENSING OR PERMITTING REQUIIEMENTS, CRIMINAL INVESTIGATIONS OF APPLICANTS, AND DISPLAY OF INVALID LICENSE OR PERMIT; AMENDING TITLE 3, CHAPTER 5, MERIDIAN CITY CODE, REGARDING PAWNBROKER LICENSE APPLICATION FEE; REPEALING AND REPLACING TITLE 3, CHAPTER 6, MERIDIAN CITY CODE, REGARDING DEFINITIONS, CITY OF MERIDIAN MASSAGE THERAPIST LICENSE, APPLICATION, ISSUANCE, DENIAL, REVOCATION, OPERATING AND SANITARY REQUIREMENTS, INSPECTIONS, AND PENALTY; REPEALING AND REPLACING TITLE 3, CHAPTER 8, MERIDIAN CITY CODE, REGARDING DEFINITIONS, CITY OF MERIDIAN PRIVATE SECURITY SERVICES LICENSE, APPLICATION, ISSUANCE, DENIAL, REVOCATION, OPERATING REQUIItEMENTS, AND PENALTY; REPEALING TITLE 4, CHAPTER 2, SECTION 9, MERIDIAN CITY CODE, REGARDING GARAGE, YARD, AND SIMILAR SALES. WHEREAS, the general provisions of Meridian City Code regarding licensing and permitting have been rendered inconsistent with subsequently-adopted specific provisions and practices, and are hereby clarified to create consistency and uniformity; WHEREAS, the Clerk's Office has established a fee schedule that includes a fee for the costs related to issuance of pawnbroker licenses, the code provisions regarding which do not currently authorize such fee; WHEREAS, the City Council of the City of Meridian finds that the health, safety, and welfare of the public is adequately protected by these updated and clarified provisions regarding massage therapists and private security services; WHEREAS, garage sales are regulated by Title 3, Chapter 4, Meridian City Code, regarding Outdoor Sales and Temporary Uses, and the former provisions regulating same should be repealed; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 3, Chapter 1, Meridian City Code, is hereby repealed in its entirety, and replaced with the following: ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 1 OF 12 3-1-1: LICENSES OR PERMITS REQUIRED: No person shall engage in or carry on any trade, business, profession, or activity within the limits of the city for which a license or permit is required by this title, or by any ordinance of the city, without a current, valid license or permit required for that trade, business, profession, or activity. A violation of this section shall be a misdemeanor, punishable by such fine and/or imprisonment as established by Idaho Code. In addition to such penalty, any person violating any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section continues or occurs maybe deemed a separate and distinct violation. 3-1-2: CRIMINAL INVESTIGATION OF APPLICANT: As required by this title or other provision of city code, the City Clerk may require the applicant to, and the applicant shall, furnish to the Idaho State Police a full set of fingerprints for purposes of performing a criminal background investigation. The City Clerk may forward any and all application materials and information to the Idaho State Police, the Federal Bureau of Investigation, and/or the Meridian Police Department for purposes of performing a criminal background investigation. The applicant shall pay to the City Clerk any and all fees for fingerprinting and criminal background investigations as required by city code, which fees shall be set forth in the fee schedule of the City Clerk's Office. 3-1-3: UNLAWFUL TO DISPLAY INVALID LICENSE OR PERMIT: It shall be unlawful to display, wear, or assert the validity of a license or permit required by the City of Meridian where such permit or license has been denied, revoked, expired, or otherwise invalidated. Section 2. That Meridian City Code § 3-5-2(B) is hereby amended as follows: 3-5-2: LICENSE REQUIRED; APPLICATION AND PROCEDURE: B. Application For License: An application for such license shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall be accompanied by an application fee per fee schedule and shall include, but not necessarily be limited to, the following information: 1. The name and address of the applicant, and if a partnership, the names and addresses of each partner, and if a corporation or association, the names and addresses of the principal stockholders, and the name and residence of the operating manager of the business. 2. Whether the applicant has had a similar license revoked by the city or any other city in this state or of the United States or any state of the United States within the past five (5) years. 3. Whether the applicant or any principal or partner has been convicted of any felony or misdemeanor, other than minor traffic violations, the nature of the offense, and the date, and the punishment or penalty assessed therefor. ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 2 OF 12 4. The name and address of each employee of the business and whether that employee has been convicted of any felony or misdemeanor, the nature of the offense, the date of conviction, and the punishment or penalty assessed therefor. Section 3. That Title 3, Chapter 6, Meridian City Code, is hereby repealed in its entirety, and replaced with the following: CHAPTER 6 MASSAGE THERAPISTS 3-6-1: DEFINITIONS: For the purposes of this Chapter, the following words and derivations thereof shall be defined as follows. MASSAGE: Any method of manual manipulation of, pressure on or friction against, or rubbing, stroking, kneading, slapping, pounding, tapping, vibrating or stimulating the external parts of the human body with or without the aid of any mechanical or electrical apparatus, instrument or appliance with or without such supplementary aids as oils, rubbing alcohol, liniments, antiseptics, powders, creams, lotions, ointments or other similar preparations. MASSAGE THERAPIST: Any person who engages in the practice of massage or provides a massage for any consideration whatsoever. 3-6-2: CITY OF MERIDIAN MASSAGE THERAPIST LICENSE REQUIRED; EXEMPTIONS: A. It shall be unlawful for any person to engage in the practice of, or attempt to practice, massage for a fee, for a gratuity, or for any consideration whatsoever without a valid City of Meridian Massage Therapist License. B. The following persons shall be exempt from all requirements of this chapter: 1. Persons authorized by the laws of the State of Idaho to practice medicine, surgery, nursing, osteopathy, podiatry, physical therapy, or chiropractic. 2. Barbers and cosmetologists duly licensed under the laws of the State of Idaho. 3-6-3: APPLICATION FOR CITY OF MERIDIAN MASSAGE THERAPIST LICENSE: A. Application for a City of Meridian Massage Therapist License shall be made to the City Clerk, and shall be accompanied by the application fee as provided by fee schedule. B. The application shall include the following information: 1. Applicant's name, residence address, and employment address. ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 3 OF 12 2. Applicant's social security number. 3. Written proof that the applicant is at least eighteen (18) years of age. 4. Applicant's weight, height, hair color, and eye color. 5. Two (2) front face photographs of applicant taken within thirty (30) days prior to the date of application and at least two inches by two inches (2" x 2") in size. 6. Applicant's business, occupation, and employment history in the five (5) years immediately preceding the date of application. 7. Whether the applicant has ever had any massage or similar license or application denied, revoked or suspended, and the reason therefor. 8. Whether the applicant has been convicted of, placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear, or completed any sentence for any felony or misdemeanor. 9. Applicant's fingerprints, taken by the Idaho State Police. C. Upon receipt of a complete application for a City of Meridian Massage Therapist License, the City Clerk shall cause a criminal background investigation to be made, and shall refer all applications to the Police Department for its recommendation. 3-6-4: LICENSE ISSUANCE; DENIAL; REVOCATION: A. The City Clerk, upon receiving the recommendation of the Police Department, but no later than forty-two (42) days from the date of submission of the completed application and all application materials required by this chapter, shall determine if the qualifications and conditions in this Chapter have been met and shall either issue or deny the license. B. Each license shall expire at the end of one (1) year from the date of its issuance, unless sooner revoked or surrendered. C. The City Clerk shall deny a City of Meridian Massage Therapist License if it is found that: 1. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, any and all applicable building, zoning and health regulations. 2. The applicant has been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or completed any sentence of confinement for any felony. ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 4 OF 12 3. The applicant has been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or completed any sentence of confinement for any misdemeanor in the five (5) years prior to the date of application, provided that non-moving traffic misdemeanors shall not be a disqualifying condition. 4. The applicant has made any false, misleading, or fraudulent statement of fact in the application or in any document required to be submitted in support thereof. 5. The applicant has had a similar permit or license denied, revoked, or suspended for any causes by the City or any other state or local agency within five (5) years prior to the date of the application. 6. The applicant is not over the age of eighteen (18) years. Where the City Clerk denies an application for a City of Meridian Massage Therapist License, the City Clerk shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. The applicant may appeal the City Clerk's denial of a City of Meridian Massage Therapist License by filing a written appeal according to the procedures set forth in this chapter. D. All persons licensed hereunder shall continue throughout the license period to have all of the qualifications and none of the disqualifications as provided for in this Chapter. Upon a violation of this chapter, the City Clerk may revoke a City of Meridian Massage Therapist License, in addition to other applicable criminal and/or civil penalties. Where the City Clerk revokes a City of Meridian Massage Therapist License, he shall notify the applicant of such revocation in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the revocation shall be sent via U.S. mail to the applicant at the address set forth on the application. The applicant may appeal the City Clerk's revocation of a City of Meridian Massage Therapist License by filing a written appeal according to the procedures set forth in this chapter. E. The City Clerk's denial or revocation of a City of Meridian Massage Therapist License may be appealed by filing a written appeal. The written appeal shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within fourteen (14) days of such denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 5 OF 12 3-6-5: OPERATING AND SANITARY REQUIREMENTS: A. Anyone providing a massage shall conspicuously display his or her City of Meridian Massage Therapist License on the premises at which massages are conducted. B. All massages shall be conducted in accordance with the following minimum requirements, in addition to any and all applicable provisions of law, which may include, but shall not be limited to, the Fire and Building Codes: 1. Every portion of the establishment, including, but not limited to, appliances, massage tables, and equipment, shall be kept clean, sanitary, and in good repair at all times. Specifically: a. Showers and/or toilet facilities shall be cleaned and sanitized at least once each and every day the establishment is in operation. b. Tubs, baths, and similar equipment shall be emptied, thoroughly cleaned, disinfected, and properly sanitized after each use. c. Nondisposable instruments, equipment, and appliances shall be cleaned and disinfected immediately after each use and stored in a manner that effectively prevents contamination. d. Massage tables, exercise tables, and benches shall have nonporous, easily cleanable upholstery covering the entire top surface. Such equipment shall be cleaned and disinfected after each use and stored in a manner that effectively prevents contamination. e. Each handwashing facility shall be equipped with hot and cold running water, soap, and single-service towels or blow dryers at all times. f. Common linens shall not be provided or used for any purpose. Towels, sheets, and other linens shall be cleaned and sanitized after each use and stored in a manner that effectively prevents contamination. 2. Massage therapists shall be clean, hygienic, and shall wear clean outer garments at all times. 3. Massage therapists shall wash his or her hands thoroughly before and after administering a massage or treatment on each patron, and as often as maybe necessary to remove soil and/or contamination, including, but not limited to, after using the toilet, smoking, or eating. 4. No massage therapist shall administer a massage if he or she knows or should know that he or she has any contagious or communicable disease or illness. ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 6 OF 12 3-6-6: INSPECTIONS: The Police, Fire, and/or Building Departments may, at any time during business hours, make an inspection of any premises upon which a massage therapist is providing massages for the purpose of ensuring compliance with this Chapter. It shall be unlawful for any licensee to fail or refuse to allow such access to the premises or to hinder such officer in any manner. 3-6-7: PENALTY: A violation of any provision of this Chapter shall be a misdemeanor, punishable by such fine and/or imprisonment as established by Idaho Code. In addition to such penalty, any person violating any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs maybe deemed a separate and distinct violation. Section 4. That Title 3, Chapter 8, Meridian City Code, is hereby repealed in its entirety, and replaced with the following: CIIAPTER 8 PRIVATE SECURITY SERVICES 3-8-1: DEFINITIONS: For the purposes of this Chapter, the following words and derivations thereof shall be defined as follows. PRIVATE SECURITY SERVICES: Any private employer, service, or system which purports to provide, or does provide, any watchman or guard to patrol, guard, or watch any property, or which employs any person to perform any type of duty to guard, protect or maintain security, peace, and order. PRIVATE SECURITY AGENT: Any person who provides or performs private security services, for any consideration whatsoever. 3-8-2: LICENSE REQUIRED; EXEMPTIONS: A. It shall be unlawful for any person to provide, act as, employ, hire, conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation or maintenance of, private security services without a valid City of Meridian Private Security Services License. B. It shall be unlawful for any person to provide, act as, employ, or hire a private security agent without a valid City of Meridian Private Security Services License. ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 7 OF 12 C. This Chapter shall not apply to or include regularly appointed police officers of the City or to any regularly appointed police officer or law enforcement agent of the United States and of this State, or any political subdivision thereof while on duty. 3-8-3: APPLICATION FOR CITY OF MERIDIAN PRIVATE SECURITY SERVICES LICENSE: A. Application for a City of Meridian Private Security Services License shall be made to the City Clerk, and shall be accompanied by the application fee as provided by fee schedule. B. The application shall include the following information: 1. Applicant's name, residence address, and employment address. 2. Applicant's social security number. 3. Written proof that the applicant is at least eighteen (18) years of age. 4. Applicant's weight, height, hair color, and eye color. 5. Two (2) front face photographs taken within thirty (30) days of the date of application and at least two inches by two inches (2" x 2") in size. 6. Applicant's business, occupation, and employment history in the five (5) years immediately preceding the date of application. 7. Whether the applicant has ever had any security or similar license or application denied, revoked or suspended, and the reason therefor. 8. Whether the applicant has been convicted of, placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear, or completed any sentence of confinement for any felony or misdemeanor. 9. Applicant's fingerprints, taken by the Idaho State Police. 10. Written description and drawing of any uniform, clothing, uniform emblems, badges and/or shoulder patches to be utilized or worn, describing and/or showing the color, design and shape thereof. 11. Proof of general and personal liability insurance for bodily injury, sickness, disease or death sustained by persons and arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with property and contract rights in the minimum limit of five hundred thousand dollars ($500,000.00) for the result of any one occurrence or accident regardless of the number of persons injured or the number of claimants. ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 8 OF 12 C. Upon receipt of a complete application for a Private Security Services License, the City Clerk shall cause a criminal background investigation to be made and shall refer all applications to the Police Chief or designee for recommendation. 3-8-4: LICENSE ISSUANCE; DENIAL; REVOCATION: A. The City Clerk, upon receiving the recommendation of the Police Chief or designee, but no later than forty-two (42) days from the date of submission of the completed application and all application materials required by this chapter, shall determine if the qualifications and conditions in this Chapter have been met and shall either issue or deny the license. Where the City Clerk denies an application for a City of Meridian Private Security Services License, she shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. B. Each City of Meridian Private Security Services License shall expire at the end of one (1) year from the date of its issuance, unless sooner revoked or surrendered. C. The City Clerk shall deny a City of Meridian Private Security Services License if it is found that: 1. The applicant is not over eighteen (18) years of age. 2. The applicant has been convicted of, paid any fine, placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear for charges related to, or completed any sentence for any felony. 3. The applicant has been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or completed any sentence of confinement for any misdemeanor in the five (5) years prior to the date of application, provided that non-moving traffic misdemeanors shall not be a disqualifying condition. 4. The applicant has made any false, misleading, or fraudulent statement of fact in the application or in any document required to be submitted in support thereof. 5. The applicant has had a similar permit or license denied, revoked, or suspended for any causes by the City or any other state or local agency within five (5) years prior to the date of the application. 6. The applicant is not over the age of eighteen (18) years. Where the City Clerk denies an application for a City of Meridian Private Security Services License, the City Clerk shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 9 OF 12 application. The applicant may appeal the City Clerk's denial of a City of Meridian Private Security Services License by filing a written appeal according to the procedures set forth in this chapter. D. All persons licensed hereunder shall continue throughout the license period to have all of the qualifications and none of the disqualifications asprovided for in this Chapter. Upon a violation of this chapter, the City Clerk may revoke a City of Meridian Private Security Services License, in addition to other applicable criminal and/or civil penalties. Where the City Clerk revokes a City of Meridian Private Security Services License, the City Clerk shall notify the applicant of such revocation in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the revocation shall be sent via U.S. mail to the applicant at the address set forth on the application. The applicant may appeal the City Clerk's revocation of a City of Meridian Private Security Services License by filing a written appeal according to the procedures set forth in this chapter. E. The City Clerk's denial or revocation of a City of Meridian Private Security Services License maybe appealed by filing a written appeal. The written appeal shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within fourteen (14) days of such denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. 3-8-5: OPERATING REQUIREMENTS: A. It shall be unlawful for any private security agent to use or authorize the use of any uniform, clothing, uniform emblems or shoulder patches having a color, design and/or shape such as makes any of them individually, or some or all of them in the aggregate, appear indistinguishable from any uniform, uniform emblems and/or shoulder patches of the City Police Department. All private security agents shall wear a badge or tape reading "private security service" on the left breast of any and all uniforms and/or clothing. B. The granting or issuance of any license under the provisions of this Chapter shall not be construed in any manner as granting or providing any additional or further power of arrest than that granted under the provisions of the statutes of the State, and the provisions of this Code; nor shall the provisions of this Chapter be construed in any manner as authority or power to carry weapons contrary to or in violation of any other provision of law. 3-8-6: PENALTY: A violation of any provision of this Chapter shall be a misdemeanor, punishable by such fine and/or imprisonment as established by Idaho Code. In addition to such penalty, any person violating any provision of this Chapter shall be subject to any and all other applicable ORDINANCE UPDATING LICENSING CODE PROVISIONS PAGE 10 OF 12 administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs maybe deemed a separate and distinct violation. Section 5. That Title 3, Chapter 4, Section 9 of Meridian City Code is hereby repealed in its entirety. Section 6. That this ordinance shall be effective immediately upon its passage and approval. PA SED by the City Council of the City of Meridian, Idaho, this ~ d y of 2009. r/~- PROVED by the Mayor of the City of Meridian, Idaho, this l 7 day of 2009. APPROVED: ~~~~ Tammy eerd, Mayor ATTEST: ``~`~~u-- -- a -„~~i~if TF .~ O ' Jaycee lm ,City Viler $ji',AL ~ ~~°M ~.~,,,-ya,~~T 1st ~ ~,~°,,,,~. ORDINANCE UPDATING LICENSING CODE PROVLSIONS PAGE 11 OF 12 July 10, 2009 MERIDIAN CITY COUNCIL MEETING JUIy 14, 2009 APPLICANT ITEM NO. ~ O REQUEST Executive Session per Idaho State Code 67-2345(1)(f) 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 meeflngs shall become properly of the City of Meridian. MayorTammy de VUeerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba DELIQUENCY FOR TURN OFF JUL 1 '~ 2009 ~iIT~ ~F ~E CITY CLERKS ®F CE Schedule for July 15, 2009 Cycle 2 MAY®R: This letter attests to the fact that no water users have requested a pretermination hearing for July 14, 20009. Users having delinquent utility bills will be shut off on July 15, 2009. The total amount past due is $17,082.01 The number of past due customers is 218 ~~ t~D.aD/ Jacy Jones Utility Billing Administrator CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Jul 14, 2009 04:24pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}6600000001 Customer.6!II Cycle = 2 Customer.Customer Type = {not like} BANKRUPTCY% Customer.Shut off list =False Customer.Vacant =False Customer.Ext Agreements =False Ref No Cust No Name /Service Address Past Due Balance 1 16.31.3428.02 ABERNATHIE, DAVID ~ SHARON 66.76 165.23 1082 FAIRWOOD CT 2 16.31.0126.03 ALEXANDER, TIFFANY & ERASER, M 67.95 153.99 1690 13TH AVE NW RENTER PAYS TOTAL DUE + FEE 3 3.90.0613.02 ALGLER, BRAD 84.44 227.24 3066 DIVIDE CREEK DR W 4 3.03.5876.02 ALLEN-DRAVES, KELLY 98.19 160.17 5884 COUGAR FLAT AVE N 5 17.07.0407.03 ANDERSON, SHANE 8 MICHELLE 56.62 132.52 2966 TIMBERFALLS PL N RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED FOR RENTER PER THE PM!!! 6 17.33.2372.03 ANDERSON, TRACY 66.78 188.99 2700 ARROW WOOD WAY N RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM 7 8.08.5192.02 ANDONOVSKI, PECO & ANIKICA 53.71 128.21 1160 GRAND CANYON ST E 8 16.32.1630.03 ARMFIELD, SHARRIE 78.72 169.88 655 WATERBURY DR W RENTER PAYS TOTAL DUES + FEES '`"'`i"NO ARRANGEMENTS PER THE PM 9 15.22.0216.02 BAIMBRIDGE, DAVID 119.26 193.67 1620 KASTLE FALLS AVE N 10 16.32.0544.03 BAKER, KAREN LLA & APRIL SUSAN 65.21 155.15 606 LAWNDALE DR CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Jul 14, 2009 04:25pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 11 18.42.2378.03 BANDURRAGA, WENDY 137.33 364.61 2327 GREEN MEADOW CT E 06/22/09 -12:28 PM -BalderaM PAYMENT ARRANGEMENTWlTH WENDY KEPT 3 MORE THIS YEAR 2009 06/08/09 - 02:40 PM -nary] CUSTOMER (WENDY) MADE ARRANGEMENTS TO PAY: $61.40 6/12/09 CHECKMARKED ACCT-READ TERMS-CUSTOMER AGREED-IF KEPT ALLOWED 3 MORE BEFORE 6/8/10-E-MAILED CUSTTMER A COPY TO KEJARB@YAHOO.COM 12 15.21.0560.02 BARGEE, JASON 8~ FAIN STEPHANI 51.75 169.85 2602 PARK STONE DR W 13 3.15.4016.01 BARR, KEN 8~ CYNTHIA 99.51 223.75 2513 HUNGRY CREEK DR W 03/17/09 - 02:16 PM -BalderaM PAYMENT ARRANGEMENT WITH BARR KEPT 3 MORE ALLOWED FOR THIS YEAR 2009 03/09/09 - 02:38 PM - nicholse ARRANGEMENT FOR KEN BARR - $81.13 DUE 3/16 14 9.09.0236.04 BENAVIDES, CHRIS & ANDREA 3622 ELSINORE WAY N 04/17/09 - 01:02 PM -BalderaM PAYMENT ARRANGEMENT WITH ANDREA BENAVIDES KEPT 3 MORE ALLOWED THIS YEAR 2009 04/14/09 - 08:50 AM - upsonc PAYMENT ARRANGEMENT WITH CUSTOMER ANDREA-INFORMED CUSTOMER OF TERMS-CUSTOMER AGREED TO TERMS OF ARRANGEMENT-AS FOLLOWS 75.63 175.32 4/16/09 72.05 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Jul 14, 2009 04:25pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance MAILED COPY OF ARRAGEMENT TO CUSTOMER--CHECKED ACCOUNT 15 17.79.0605.02 BENNETT, A & CLY, R & BENET, C 57.05 132.86 693 WILLOW BROOK DR E NO ARRANGEMENTS FOR RENTERS PER PM!!! 16 15.15.0014.04 BERG, RAYMOND 85.18 154.35 1905 LONESOME DOVE ST W RENTER PAYS TOTAL DUES + FEES NO ARRANGEMENTS PER PM 17 9.90.1604.01 BERRETH, STACY & JULIE 65.70 149.49 4272 BRYCE CANYON AVE N 18 5.22.0002.01 BIG RIVER LLC 101.13 304.97 5450 LARKWOOD 19 15.22.2366.03 BLACKMORE, ROBERT 97.53 153.10 1894 PARKSTONE ST W 20 9.09.0728.03 BLANCO, MICHAEL ~ FRANCHESA 70.77 121.48 595 WELCH ST W 21 15.22.1744.03 BLASQUEZ, MICHAEL ~ RANDY 66.43 158.96 2260 PEBBLESTONE ST W 22 18.42.1162.03 BOND, JENNIFER 101.26 238.87 2076 DIXIE AVE N NO ARRANGEMENTS ALLOWED UNTIL 5/12/09 DUE TO BROKEN ARRANGEMENT ON 5/12/08-DB 23 17.07.0409.02 BORTMAS, DARREN K 121.06 178.29 937 STORMY DR E 24 5.50.3316.01 BREINHOLT, AARON 56.09 131.93 5832 ROSA SPRINGS AVE N 25 9.09.9740.02 BRENT, GARY 71.76 158.29 4191 BUCKSTONE PL N RENTER PAYS TOTAL DUES + FEES '"`~'~NO ARRANGMENTS PER THE PM CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Jul 14, 2009 04:25pm Current Period: 07/20/2009 -Transactions Included Through: 07!20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due 26 10.20.0006.02 BROOKS, AMBER 3834 MORNING SKY AVE N 03/24/09 - 01:33 PM -- BalderaM BROOKS IS ONLY ALLOWED 2 MORE ARRANGEMENTS 03/24/09 - 01:32 PM -BalderaM PAYMENT ARRANGEMENT WITH BROOKS KEPT ALLOWED 3 MORE THIS YEAR 2009 03/10/09 - 01:05 PM -BalderaM PAYMENT ARRANGEMENT WITH AMBER BROOKS PAY 64.98 ON 3.23-2009 02/27/09 - 09:40 AM -BalderaM (BROOKS) IS ALLOWED 3 MORE ARRAGEMENTS IN 2009 AMBER BROOKS MADE ARRANGEMENTS FOR 03/23/2009 $64.98 81.60 167.69 27 17.33.2618.02 BROOKS, CHRISTIE 2970 CAPE COD AVE N 28 16.32.1274.02 BROWN, MELISSA 320 WOODBURY DR W 07/09/09 -12:26 PM -BalderaM PAYMENT ARRANGEMENT KEPT 2 MORE THIS YEAR 2009 06/08/09 - 04:37 PM - Ireese PAYMENT ARRANGEMENT MADE: $60.25- 6/19/09 PAYMENT ARRANGEMENT FORM MAILED TO CUSTOMER ON 6/9/09. 03/24/09 - 01:29 PM -BalderaM PAYMENT ARRANGEMENTWlTH BROWN KEPT ALLOWED 3 MORE THIS YEAR 2009 Balance 83.44 151.80 66.03 149.24 03/13/09 - 08:56 AM -nary] FIRST HALF OF ARRANGMENT KEPT-WILL CHECK FOR PYMT OF CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Jul 14, 2009 04:25pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance $47.70 ON 3/23 03/10/09 - 01:48 PM - BalderaM PAYMENT ARRANGEMENT WITH MELISSA BROWM PAY 15.00 3-10-09 THEN 47.70 BY 3.23.09 29 18.42.1876.01 BRYANT, JOHN 81.40 224.63 2050 SEQUOIA PL N 30 18.42.2398.02 BRYANT, JOHN 111.31 307.11 1673 GREEN MEADOW CT E 31 17.79.0611.03 BUTCHER, VALERIE & CLIFFORD 80.18 127.57 2037 COUGAR WAY N 32 17.33.2726.03 CALIMAG, EMMA 77.15 204.05 644 ADDESON ST E 33 15.21.0522.01 CALWELL, MARC 8~ GRETCHEN 51.75 117.69 2597 PARK STONE DR W 34 9.15.2824.03 CATOVIC, ADIN 103.50 166.03 771 WHITE SANDS DR W 35 3.90.0022.04 CHALLENGER, JOHN 51.75 120.43 3067 RAVENNA ST W RENTER PAYS TOTAL DUES + FEES 36 16.32.1322.03 CHRISTENSEN, TRAVIS 81.75 173.29 97 WOODBURY DR W 37 8.08.0468.02 CISARIO, MICHAEL 8~ MICHELLE 51.75 119.35 3754 LEGACY COMMON AVE N 38 8.30.3105.01 CK3 ENTERPRISES 57.72 114.95 4062 QUENZER WAY N 39 15.21.2892.01 COIL, LISA 51.75 152.55 2597 STONE PL N 40 17.85.0305.02 COSTA, MELINA 65.84 130.56 2711 RICHTER AVE N 41 17.34.3266.01 COX, COLIN ~ LEEANN 63.28 206.07 3048 BIG ROCK PL N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Jul 14, 2009 04:26pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 42 17.34.1108.04 CULVER, RYAN & KIM 60.81 140.79 1434 SAGE HEN CT E 06/22/09 - 01:22 PM - BalderaM PAYMENT ARRANGEMENTWlTH KIM CULVER KEPT 3 MORE THIS YEAR 2009 06/09/09 - 09:00 AM - Ireese PAYMENT ARRANGEMENTS MADE: $109.47 - 6/11/09. PAYMENT ARRANGEMENT FORM MAILED TO CUSTOMER ON 6/9/09. RENTER PAYS TOTAL DUES + FEES 43 17.33.2374.05 DAVIS, BRANDON & GAGGERO, BRAN 75.29 170.09 2716 ARROW WOOD WAY N RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR THE RENTER PER THE OWNER!!! 44 18.42.1246.02 DAVIS, ELISA 54.84 121.13 2512 CLARENE ST E 45 14.14.3632.03 DENG, SONG 58.17 161.39 3010 SAGEFIRE AVE N 46 16.31.0812.02 DICK, KENNETH S 84.92 154.94 2101 WEST 12TH ST N 47 17.33.3704.01 DIEM, JAHN 55.84 122.13 478 SEDGEWICK ST E 48 16.31.3244.03 DIXON, ERIN A 52.77 133.59 1193 DELMAR DR 49 6.06.2014.02 DOKE, BRIAN 8~ SHARON 63.69 146.55 2310 COMISKY ST E 50 3.18.1213.04 DOME, JAMES 105.70 188.06 2217 APGAR CREEK DR W RENTER PAYS TOTAL DUES + FEES 51 17.33.2612.06 DONALDSON, NEAL 74.18 146.93 2924 CAPE COD AVE N 52 17.34.2040.01 DOTY, CURTIS 119.23 249.18 1903 TEARE AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Jul 14, 2009 04:27pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 53 3.18.2408.03 DRAPER, STANLEY & DEBORAH 81.30 135.21 4954 WILD GOOSE WAY N 54 17.34.2784.02 DRAY, CASEY 51.75 121.01 1459 COUGAR CREEK DR E 55 4.70.1406.02 DREW, JOHN 68.44 154.97 807 VALENTINO DR W RENTER PAYS TOTAL DUE + FEE 56 14.20.1552.02 EAKLE, JERA 62.56 155.47 3350 SUGAR CREEK DR 12/16/08 - 08:41 AM - nicholse STARTED D/P FOR RENTER JERA EAKLE 57 16.31.0756.05 EARLY, ANTHONY & SARA 313.64 380.83 1521 TANA DR 58 3.90.1006.03 EASLEY, CRYSTAL & SALINAS, DAV 147.42 233.19 2871 WAPOOT ST W RENTER PAYS TOTAL DUES + FEES ''"~`NO ARRANGEMENTS PER THE PM 59 7.04.1201.01 EDENBROOK INC 60.81 142.36 1926 GRAND CANYON DR E 60 15.22.1502.02 EDWARDS, ROBERT 78.28 242.71 1742 SANDALWOOD DR W 61 10.10.0108.03 ELLSWORTH, MEGAN & JONES, VAL 69.25 161.98 2890 PUDU ST W 62 13.13.8466.04 ELWOOD, DELBERT & DENISE 61.98 138.29 4941 FAIRBOROUGH DR W 63 16.16.3314.05 EMERSON, EVAN 8~ AUBREY 81.11 145.33 2880 UPPA SPRING ST N 64 13.13.0010.04 EVANS, MICHAEL "SHAE" & KIM 82.30 186.25 2344 AYRSHIRE PL N 65 3.03.5090.02 EVANS, SAMUEL & CHRISTINE 57.72 131.87 1921 CEDAR GROVE ST W 66 15.15.0003.02 FEHR, JAKE 8 WYSTERIA 98.33 187.25 2542 SPRINGTIME AVE N RENTER PAYS TOTAL D + F CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Jul 14, 2009 04:27pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 67 16.31.0228.06 FHLM - COLDWELL BANKER RELO 55.57 187.57 1705 WEST 13TH ST N 68 15.21.3154.02 FIELSCHER, LEE MARTIN 75.14 213.19 3085 PEBBLESTONE CT W 69 7.48.1615.02 FLIFLET, DAVID & SARAH 67.89 97.69 2385 GARBER DR E D/P CANCELED PER SHELLIE - Ev 70 17.79.0905.02 FNMA / REMAX WEST 124.08 167.48 475 BLUE HERON ST E 71 15.22.2324.02 FOLLINE, ROBERT & 62.26 128.78 1819 WHITESTONE CT W 07/09/09 - 03:22 PM -BalderaM PAYMENT ARRANGEMENT KEPT 2 MORE THIS YEAR 2009 06/29/09 - 09:03 AM -Ireese STEPHANIE FOLLINE ON HER WAY WITH $57.72 FOR PAYMENT ARRANGEMENT. 06/09/09 - 09:39 AM -Ireese PAYMENT ARRANGEMENT MADE: $57.72 - 6/26/09. PAYMENT ARRANGEMENT FORM MAILED TO CUSTOMER ON 6/9/09. 04/07/09 - 08:52 AM -BalderaM PAYMENT ARRANGEMENT KEPT WITH STEPHANIE FOLLINE 3 MORE ARRANGEMENTS ARE ALLOWED FOR THIS YEAR 2009 03/10/09 - 01:09 PM -BalderaM PAYMENT ARRANGEMENT WITH STEPHANIE FOLLINE TO PAY 50.81 ON 3-20-09 AND 83.45 ON 4/3/2009 72 17.34.1288.01 FOURNIER, JAMES 59.61 182.08 2567 BLACK BEAR WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Jul 14, 2009 04:27pm Current Period: 07/20/2009 -Transactions Included Throu gh: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 73 10.10.0074.02 FRECKLETON, MARK & TINA 73.12 167.65 3121 PUDU CT W 74 12.40.0624.06 FRESH START SOLUTIONS INC 177.35 210.03 5052 ALDERSTONE ST W 75 14.19.0340.03 FROSTROM, JAMEY & REYNA, DESIR 55.23 120.09 4042 HARBOR POINT DR W RENTER PAYS TOTAL DUES + FEES 76 6.06.9998.03 FOLK, KEVIN & TRACIE 99.48 218.97 2063 WHITE HAWK CT E 77 16.31.2250.01 GARCIA, ANOTONIO 85.84 232.63 1382 DARRAH DR 78 16.32.1674.03 GARCIA, ED ~ ANDREA 92.32 242.57 167 WATERBURY DR W 79 3.15.4606.02 GARCIA, JORGE 8~ KAREN 94.53 154.50 2268 RATTLESNAKE DR W NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM-RENTER PAYS TOTAL DUE + FEE 80 18.42.0402.01 GARCIA, ROBERTO 68.33 153.78 2364 GRAPEWOOD DR E 81 16.31.0490.02 GONZALEZ, MARIA 328.69 791.23 1427 SANDALWOOD DR 82 16.16.3636.04 GOODSELL, KENT 60.40 153.83 109 SEDGEWICK DR W 83 16.32.0522.06 GREENSTREET, CQTHLEEN 56.50 131.09 1843 LAWNDALE DR 84 9.15.2715.02 GRIFFIN, DIANE & DAVID 66.78 188.79 642 YOSEMITE DR W 85 12.40.0230.03 GRIFFIN, MIKE 67.01 153.77 3482 ELMSTONE PL N 86 8.30.1717.03 GRIGSBY, ZACH & LAURIE ROY 54.84 137.06 3956 LEGACY COMMONS AVE N 87 8.08.1044.02 GURRERO, CHRISELDA 58.39 140.03 115 MOSKEE ST E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Jul 14, 2009 04:27pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 88 15.22.0914.02 GUTIERREZ, JUAN A 80.38 188.81 2261 MONACO WAY 89 3.90.0040.03 HANG WONG 56.73 129.89 3140 RAVENNA ST W 90 16.31.3394.02 HANHARDT, ANDREW ~ CAMILLE 65.79 161.43 1080 DELMAR DR 91 15.21.2090.03 HARRIS, KATHY 63.43 171.69 2899 STEPHANIE CT W RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR THE RENTER PER THE OWNER!! 92 3.15.1335.02 HARTY, TONY ~ KIM 103.56 210.80 1989 MARTEN CREEK DR 03/05/09 - 07:53 AM -BalderaM NO ARRANGEMENTS FOR THE YEAR 2009 DUE TO AN ARRANGEMENT THAT WAS NOT KEPT 03/04/09 - 08:15 AM -BalderaM PAYMENT ARRANGEMENT NOT KEPT TURNING THE WATER OFF TO RESTORE SERVICE NEED TO PAY 299.12 THIS IS INCLUDUNG THE 30.00 TURN OFF FEE 93 9.09.0020.03 HATTON, CURTIS 8~ PATRICIA 57.72 128.55 140 ANTON ST W 94 3.03.5576.02 HAVILAND, V. PAGE 54.49 117.69 2172 CEDAR GROVE ST W 95 16.31.0828.04 HELTON, DEWEY i~ LISA 55.07 149.81 1211 DELMAR DR 96 6.06.1400.03 HILDEBRANDT, MARK & CHERRI 84.45 137.87 2125 MOZART CT E (CORNER) 97 17.34.1892.03 HILLIARD, ANN MARIE 60.90 183.17 2152 LARK PL N 98 17.34.1546.01 HINE, TODD 72.54 168.15 2837 MULE DEER WAY N 99 3.90.0828.04 HINES, F & SPICKELMIRE, B 72.57 146.72 5202 CORTONA WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Jul 14, 2009 04:28pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 100 19.10.1006.02 HOLM, HEATHER 72.75 165.75 4224 ARCH DR E RENTER PAYS TOTAL DUES + FEES ''"""NO ARRANGEMENTS PER THE PM 101 12.40.0102.03 HORNE, KEVIN &HEATHER MITCHELL 58.27 123.13 3402 MAPLESTONE AVE N RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 102 15.22.2076.05 HOTCHKISS, JAMES & MEREDITH 51.75 146.61 2258 ANDREW CREEK ST W 103 3.18.0001.01 HOWELL-MURDOCH 180.77 799.61 SPK - FULFER#3 AKA KELLY CREEK 104 18.42.0430.04 HUNT, ALAN B 120.26 172.95 2135 GRAPEWOOD DR E 105 16.31.0818.02 HUNTER, SHALANA 8~ NOONAN, RAND 54.84 150.84 2104 12TH ST NW 06/22/09 -12:26 PM -BalderaM PAYMENT ARRANGEMENTWlTH HUNTER KEPT 3 MORE THIS YEAR 2009 06/08/09 - 02:35 PM -BalderaM PAYMENT ARRANGEMENT WITH RANDY NOONAN PAY 108.15 ON 6-12-09 PUT CHECK MARK ON THE ACCOUNT RENTER PAYS TOTAL DUE + FEE 106 14.19.0264.01 HUTCHISON, DON 102.74 247.63 2591 SEA COVE WAY N 107 8.90.0510.02 JACKSON, MORGAN & KATHY 63.69 151.35 4346 LONGABAUGH WAY N 108 14.19.7400.04 JANOSKO, ANDREW ~ BARBARA 89.99 140.03 2530 ROBIE AVE N 109 10.10.0088.05 JANSEN, BEN D. & DEANN L. 86.64 156.39 3031 WILDER ST W 110 15.21.1880.01 JOHNSON, ERMA 73.65 169.73 1833 TODD WAY CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 12 Standard Payment Customers Jul 14, 2009 04:28pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 111 15.22.2190.03 JOHNSTON, KENNETH B & 69.69 155.78 3080 MARBURG AVE N 112 3.18.1620.03 KASITYAP, RANJIV 75.63 163.38 2554 DITCH CREEK DR W 113 7.04.0909.05 KELLY, JOHN P 60.96 98.39 1682 TERRITORY DR E 114 6.45.0502.02 KREIDLER, LARRY & DEBORA 89.38 166.85 4995 SCHUBERT AVE N 115 17.33.2314.02 KUDRO, NATHAN & REBECCA 65.70 172.73 2496 ARROW WOOD WAY N 116 8.08.1366.02 LANDALUCE, DIRK 8~ RACHELLE 84.92 210.30 336 CARVER DR E 117 9.19.0103.02 LEASE, NATHAN & ALICIA 51.75 116.61 972 APPLE PINE ST W 118 14.14.4456.03 LEKKA, BERNARD ~ REMEDIA 74.25 125.28 3716 PATEL DR W 119 5.08.0090.01 LIEBERMAN, DAVID & WENDY 67.45 148.01 6208 JERICHO RD N 120 3.03.5770.02 LUTES, ROBERT 92.46 231.44 2257 DITCH CREEK DR W 03/04/09 - 08:12 AM - BalderaM PAYMENT WAS MADE ON 3-3-2009 THEREFORE (LUTES) IS ONLY ALLOWED 2 MORE ARRANGEMENTS THIS YEAR 2009 NO ARRANGEMENTS ALLOWED UNTIL 9/11/08-USED 2ND ARRANGEMENT.-DB 4/18/08 121 16.07.0805.02 MAGELLAN CAPITAL MGMT FUND 1 58.07 87.87 2940 FAIRGLEN AVE N 122 13.11.0404.04 MALOFF, ANDREW 8~ HEATHER 93.69 210.95 2662 TRICIA WAY N 123 17.34.0436.03 MALOY, RAY & BETTY 137.76 338.31 2191 ZIRCON PL N 124 17.34.1472.01 MARKHAM, RON 57.23 124.25 2898 MULE DEER WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 13 Standard Payment Customers Jul 14, 2009 04:29pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 125 19.10.1739.02 MARSHALL, MICAH & RACHEL 54.48 150.42 4184 GRANGER DR E 126 3.18.2508.02 MAZON, JOSE & PATRICIA 78.95 169.35 2717 WAPOOT DR W 127 4.70.1123.02 McCALL, E CHRIS & DENYS 55.57 120.43 1289 BACALL ST W 128 3.92.0316.03 MCCULLOUGH, CHRISTOPHER 69.66 198.36 2889 LOST RAPIDS DR W NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!!!! 129 16.31.0432.05 McLEOD, JEDIDIAH & ALYCIA 1497 STOREY ST 04/03/09 -10:10 AM -BalderaM PAYMENT ARRANGEMENTWlTH JEDDIDIAH MCLEOD WAS KEPT 3 MORE ARRANGEMENTS THIS YEAR 2009 03/24/09 - 09:32 AM - upsonc ARRANGEMENT WITH CUSTOMER JEDIDIAH 4/1/09 $112.54 INFORMED CUSTOMER OF THE TERMS OF ARRAGEMENT-CUSTOMER AGREED TO TERMS-CHCKD MARKD ACCOUNT MAILED COPY OF AGREEMENT TO CUSTOMER 103.71 174.98 130 15.15.3016.03 McMONIGLE, LAURIE 81.00 130.46 1657 GOLD FALLS PLACE N 131 8.08.0284.02 McMURRY, MICHAEL & LAURA 57.11 121.97 3700 HOLLYMOUNT WAY N (CORNER) 07/09/09 -12:25 PM -BalderaM PAYMENT ARRANGEMENT KEPT 3 MORE THIS YEAR 2009 06/08/09 -10:24 AM - nicholse ARRGMT FOR MICHAEL McMURRY $57.39 DUE 6/19/09 CANCELED D/P ON 12/13/06, PER OWNER WRITTEN REQUEST-DB CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 14 Standard Payment Customers Jul 14, 2009 04:29pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 132 14.20.3214.04 McQUIRK, LANCE 92.74 199.88 4109 DALY LN W 06/22/09 -12:28 PM - BalderaM PAYMENT ARRANGEMENT WITH LANCE MCQUIRK KEPT3 MORE THIS YEAR 2009 06/08/09 - 02:39 PM -- Ireese PAYMENT ARRANGEMENT MADE: $81.99 - 6/12/09 PAYMENT ARRNGEMENT FORM E-MAILED TO CUSTOMER ON 6/8/09. 133 6.45.0414.04 MEHMOOD, ADINA 62.78 143.92 4924 SCHUBERT AVE N 134 13.13.8486.02 MEISENHEIMER, CORY 91.77 152.09 2717 VALLEY GREEN WAY N 135 16.32.1332.06 MILLER, DONALD & BONA LUE 90.69 151.59 64 WOODBURY DR W 136 9.09.0240.02 MILLER, JAMES 67.68 154.44 3672 ELSINORE WAY N 137 8.08.5152.02 MITCHELL, SCOTT & MALLNEE 84.20 181.01 4430 MOONEY FALLS WAY N 138 8.81.0819.02 MORAN, JAMES ~ CINDY 72.65 102.45 530 HERITAGE PARK ST E 139 13.13.4018.02 MORRIS, SHIRLEY 63.97 134.80 4929 RAVENSCROFT ST W 140 18.42.1978.01 MORSE, DAVID & SHELLEY 72.90 148.16 1810 MEADOW WOOD ST E 141 9.90.1311.02 NEITZELL, JIM ~ HEATHER 147.71 222.36 986 YOSEMITE DR W 142 6.45.0305.01 NOBLES, JEFF 98.72 203.39 5058 SCHUBERT AVE N RENTER PAYS TOTAL DUES + FEES CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 15 Standard Payment Customers Jul 14, 2009 04:29pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No crust No Name /Service Address Past Due Balance 143 15.21.1990.04 NOFFKE, DORA 53.76 150.63 2935 ANN ST W 144 16.31.3240.01 NOLTING, DANTON 51.61 141.23 2225 WEST 11TH AVE N 145 16.32.0580.01 O'CONNOR, GEORGE 92.17 322.94 1819 CRESTMONT DR 146 14.20.0448.01 OLDENBURG, WADE 87.25 193.58 4668 WHITE ASH DR W 147 7.40.0056.03 ORTIZ, JACOB ~ AMARA 119.66 269.03 1917 SUMMERPLACE CT E 448 3.15.0908.03 OVITT, KRISTEN 73.90 106.58 2163 ROOT CREEK ST W 149 17.07.0212.02 PAPE, MATT 72.48 151.79 3078 TIMBERFALLS WAY N 05/12/09 - 09:32 AM - nicholse ARRGMT WITH OWNER, SCOTT, $52.10 DUE 5/19/09 RENTER PAYS TOTAL DUES + FEES 150 8.90.0811.02 PASTIAN, BRYAN O JR 55.65 85.45 4263 BEAHAM AVE N 151 6.06.2116.03 PAXSON, BILL & LAURA 75.63 169.35 5432 MENDELSON AVE N RENTER PAYS TOTAL DUES + FEES 152 4.70.3206.03 PEDERSEN, PAUL A 8~ 91.54 162.37 494 VALENTINO ST W 153 10.10.2424.03 PERRY, TIMOTHY & SARAH 66.45 147.85 2182 TEANO DR W RENTER PAYS TOTAL DUES + FEES 154 17.79.0635.02 PESIC, KATHERINE 114.28 278.19 2059 EUREKA AVE N 155 17.34.2854.03 POKORNEY, JASON 56.82 153.31 1318 STORMY DR E 156 17.79.0508.04 POTTS, DAVID & CONNIE 57.23 127.57 2158 COUGAR WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 16 Standard Payment Customers Jul 14, 2009 04:29pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 157 10.10.0068.02 PRIESS, JENNIFER & JAMES 65.96 154.44 3138PUDUCTW NO ARRANGEMENTS ALLOWED UNTIL 9/15/09 158 16.07.0721.02 RIGBY, LAWRENCE K 55.57 125.91 1052 STANHOPE ST W 159 16.31.0880.03 ROBERTSON, SCOTT 100.24 205.17 1512 CHATEAU AVE W 04/22/09 - 09:13 AM - BalderaM PAYMENT ARRANGEMENTWlTH SCOTT ROBERTSON KEPT ALLOWED 3 MORE ARRANGEMENTS THIS YEAR 04/14/09 - 02:40 PM - upsonc PAYMENT ARRANGEMENT WITH SCOTT ROBERTSON-INFORMED CUSTOMER OF TERMS OF ARRANGEMENT-CUSTOMER AGREED TO TERMS-ARRANGEMENT AS FOLLOWS 4/17/09 84.22 MAILED COPY OF ARRANGEMENT-CHECK MARKED ACCOUNT 160 17.79.0308.03 ROGERS, BRANDI 55.74 88.42 605 BLUE HERON ST E 161 15.22.2362.03 ROSANBALM, JASON ~ KATIE 87.58 171.55 1840 PARKSTONE ST W 162 8.30.2903.02 ROSS, SHELLY 94.37 155.91 3930 HERITAGE VIEW AVE N 163 17.34.1554.01 ROSSOW, DAVID 54.84 182.63 2729 MULE DEER WAY N 164 16.32.0568.02 RUSSELL, MIKE & JENI 81.61 243.16 620 CRESTMONT CL CANCELED D/P PER CUSTOMER WRITTEN REQUEST-DB 12/17/07 165 5.50.3201.02 RUSSELL, TODD ~ WENDY 89.16 231.55 726 SEGUNDO ST E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 17 Standard Payment Customers Jul 14, 2009 04:30pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 166 14.19.0224.08 SACKMANN, JASON 77.29 204.33 2609 TURNBERRY WAY N 03/24/09 - 01:31 PM -BalderaM PAYMENT ARRANGEMENT WITH SACKMAN KEPT ALLOWED 3 MORE THIS YEAR 2009 JASON SACKMANN MADE ARRANGEMENTS FOR 03/23/2009 $94.98 167 9.09.0404.02 SAFFERY, BRETT & KATELLA 57.23 142.51 438 ASHBY DR W (CORNER) 168 6.06.9106.02 SALSMAN, LES II 57.72 126.89 2109 REDWICK CT E 169 13.13.8858.02 SANDERS, KIM 66.37 127.68 2583 EVENINGSIDE WAY N 170 17.34.2122.01 SCHMIDT, GLEN 78.63 199.76 1920 TEARE AVE N 171 15.21.2024.03 SCHWISOW, JERRY & LOTS 74.47 209.46 2948 GEMSTONE DR W 172 15.21.0478.02 SEBESTA, PAUL 71.88 172.39 2591 WHITESTONE DR W 173 15.21.2844.02 SEVY, AARON &TRUDY 55.57 124.25 2758 STALLION ST W #1 03/10/09 - 01:12 PM -BalderaM PAYMENT ARRANGEMENT WITH TRUDY SEVY ON 3-13-09 174 14.20.3054.02 SHARP, LIZABETH 73.86 125.56 2111 INTERLACHEN LN N 175 10.20.0310.02 SIEBERT, JEFFREY 51.75 123.16 3695 MORNING SKY PL N 176 15.15.0764.02 SILVA, MANUEL & MARIA 51.75 157.56 2558 ROUGH STONE PL N 177 14.14.5042.01 SMART, RICHARD 63.69 140.49 3875 USTICK 178 10.10.0064.03 SMITH, JEFFERY ~ ASHBROOK, C 50.18 138.49 3096 PUDU CT W (CORNER) RENTER PAY TOTAL D + FE CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 18 Standard Payment Customers Jul 14, 2009 04:30pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 179 10.20.0162.03 SOLOMON, KELLY & KRISTINA 52.69 121.81 3897 WATERSONG WAY N RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS FOR THE RENTERS PER THE PM!!! 180 6.06.1334.02 SONNEMAN, DAVID 68.81 180.73 2019 MOZART ST E CANCELED D/P DUE TO 2ND NSF ITEM-DB 6/10/08 181 7.40.0016.04 STACEY, JOHN 93.02 192.60 3248 SUMMERBROOK PL N 182 15.22.1152.03 STEMPLE, CORY ~ GRAM, LORI 70.83 192.95 2349 RAINWATER CT W 183 6.45.0101.02 STEWART, SCOTT 108.57 178.18 1992 MEADOW CREEK DR E PUT ON D/P 4/4/08-DB 4/4 184 15.21.0086.03 STONE, SHANNON 80.95 174.67 2411 BAYSTONE DR W 185 18.42.2068.02 STOUT, DARREN 63.78 175.53 2355 MEADOW WOOD DR E NO ARRANGEMENTS FOR RENTERS!!!!!!! 1 186 16.32.0410.01 STURGIS, SANDRA 224.07 571.04 604 CHERRY LN W 187 16.32.0416.01 STURGIS, SANDY 77.21 173.00 704 CHERRY LN W 188 16.31.2230.03 TERRELL, MATTHEW 92.11 262.22 2691 13TH ST NW 189 17.34.0432.01 TERRIQUEZ, FRANCISCO MAGANA 50.04 128.13 1185 CHATEAU DR E 190 16.31.0870.03 THORMAHLEN, BLAKE & CATHERINE 76.88 198.41 1404 CHATEAU AVE W 191 3.15.4515.03 THRUPP, BRIAN & RUTH 73.41 222.53 2361 RATTLESNAKE DR W 192 3.15.0413.02 TIZEKKER, DAVID & CAROLYN 60.62 182.12 2160 MARTEN CREEK CT W 03/03/09 - 07:43 AM - BalderaM CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 19 Standard Payment Customers Jul 14, 2009 04:30pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance PAYMENT ARRANGEMENT KEPT THEREFORE 3 MORE ARRANGEMENTS ARE ALLOWED THIS YEAR FOR (TIZEKKER) 193 18.43.0090.03 TOLSON, JOSH 91.77 144.46 2081 JUSTIN WAY N RENTER PAY TOTAL DUES + FEES 194 18.42.2704.01 TOOMEY, WHITNI & GROVE, ZAC 71.32 151.44 2693 CHANCERY WAY N 04/22/09 - 09:02 AM - BalderaM PAYMENT ARRANGEMENT WITH ZAC GROVE KEPT ALLOWED 2 MORE ARRANGEMENTS THIS YEAR 04/14/09 -11:48 AM - Ireese PAYMENT ARRANGEMENT MADE WITH ZAC GROVE: $42.11 - 4/17/09 PAYMENT ARRANGEMENT FORM GIVEN IN PERSON TO CUSTOMER ON 4/14/09. 02/23/09 -11:47 AM - naryj 3 MORE ARRNGMTS ALLWD FOR Z. GROVE BEFORE 2/10/2010 RENTER PAYS TOTAL DUES + FEES 195 18.42.1878.03 TROUTNER, TRAVIS & NANETTE 120.25 320.01 2072 SEQUOIA PL N 196 6.45.0204.03 TRUST 1832 MEADOW CREEK LAND 81.58 167.62 1832 MEADOW CREEK DR E 197 8.08.1034.03 TWIST, RHODA & JOSHUA 74.15 173.52 154 WASHAKIE ST E 198 8.30.2906.02 ULLAND, WILLIAM C 50.53 134.88 3972 HERITAGE VIEW AVE N 199 8.08.0550.02 ULRICH, BRENT & ERICA 86.93 208.55 3680 LEGACY WOODS AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 20 Standard Payment Customers Jul 14, 2009 04:30pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 200 17.34.1120.03 VANDERPOOL, ANTHONY 83.60 168.47 2777 BOBCAT WAY N RENTER PAYS TOTAL DUE + FEE 201 16.31.3056.04 VUITTONET, JOSHUA 71.22 144.01 1003 CHATEAU DR W 202 3.90.0266.03 WAGNER, DONALD ~ MEGAN 51.75 111.63 5376 VERCELLI WAY N 203 10.55.2211.02 WALKER, TRAVIS $ GABRIELA 61.04 173.37 2544 PIAZZA DR W 01/12/09 - 01:45 PM -nary] INACTIVATED D/P DUE TO 2 RETURNED ITEMS 204 17.33.3682.01 WALLACE, CRYSTAL 56.15 123.75 419 SEDGEWICK ST E 205 10.20.0012.02 WARE, RANDY & ELIZABETH 59.73 164.23 3900 MORNING SKY AVE N 206 16.31.1002.04 WASHBURN, MICHAEL & JILL 55.65 150.97 1571 CLAIRE ST 207 19.10.1324.02 WASHBURN, MICHAEL & JILL 54.49 122.09 4151 ARCH DR E 208 5.50.0254.02 WATLINGTON, JUSTIN 51.75 117.69 592 OCELOT CT E 209 8.08.5014.03 WEST BOW ASSOCIATION 58.55 123.41 1498 GRAND CANYON ST E 210 19.10.1737.02 WESTERGARD, DONN & VAL 56.72 130.87 4270 GRANGER DR E RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNER 211 16.31.3356.03 WHEAT, JAY & SHARIE 62.70 153.45 2242 WEST 10TH AVE N 212 15.21.2924.02 WHEELER, CALVIN & RUTH 54.58 165.43 2643 MORELLO AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 21 Standard Payment Customers Jul 14, 2009 04:30pm Current Period: 07/20/2009 -Transactions Included Through: 07/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 213 14.14.3578.02 WIENDEL, CLIFFORD & LISA 77.87 180.47 4037 ANGELICA DR W 214 5.50.0265.03 WILDE, KRISTEN & DANIEL, KELLY 97.53 151.44 5356 RED HILLS PL N 215 8.08.0536.02 WILDER, SARA 63.69 148.12 3651 LEGACY WOODS AVE N NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM! 216 8.08.1614.03 WILLAMS, SHARON K 71.67 131.99 302 PATAGONIA DR E 217 17.34.0806.04 WILLIAMS, KENNETH 95.74 177.96 966 CHATEAU DR E 218 9.92.7004.03 YABLONSRY, NINE & VASILY 56.25 133.58 1565 LORETTA ST W RENTER PAYS TOTAL DUES + FEES Grand Totals: 218 Customers Listed 17,082.01 38,115.77 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}6600000001 Customer.Bill Cycle = 2 Customer.Customer Type = {not like} BANKRUPTCY% Customer.Shut off list =False Customer.Vacant =False Customer.Ext Agreements =False