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HomeMy WebLinkAbout2009-10-20E IDIAN-- CITY COUNCIL WORKSHOP AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, October 20, 2009 6:00 PM UPDATED AGENDA 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 by Boy Scout Troop #185 03. COMMUNITY INVOCATION by Darrell Taylor with Ten Mile Christian Church 4. ADOPTION OF THE AGENDA ADOPTED 5. PROCLAMATION FOR ENERGY AWARENESS MONTH 6. CONSENT AGENDA: Approved A. Acceptance Agreement with Patricia Fennell for Display of Artwork in Initial Point Gallery B. Acceptance Agreement with Helen Grainger Wilson for Display of Artwork in Initial Point Gallery C. Agreement for Massage Therapy Services with Kristy Sweeney D. Professional Services Agreement for Energy Efficiency Conservation Strategy with HDR, Inc. for a Not to Exceed Amount of $48,800.00 • Meridian City Council Workshop Agenda — Tuesday, October 20, 2009 Page 1 of 3 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. E. Resolution No. 09-688: Revised CDBG Action Plan for Program Year 2009 F. Development Agreement: AZ 09-002 Request for Annexation and Zoning of 2.52 acres from RUT in Ada County to L -O (Limited Office) for Treasure Valley Veterinary Hospital by Rick Shackleford — 2600 S. Meridian Road: 7. DEPARTMENT REPORTS: A. MAYOR'S OFFICE 1. Resolution No. 09-689: Adopting the Name Change from "The Treasure Valley's Medically Monitored Detoxification/Mental Health Diversion Unit" to "Allumbaugh House" Approved 2. Resolution No. 09-690: Framework Agreement Towards Sister City Relationship Approved 3. Resolution No. 09-691: Appointment of Steven Yearsley to Traffic Safety Commission Approved • 4. Resolution No. 09-692: Reappointment of Michael Martin to Seat 6, Meridian Parks and Recreation Commission Approved 5. Resolution No. 09-693: Reappointment of Steven Yearsley to Seat 7, Meridian Parks and Recreation Commission Approved 6. Community Liaison Update B. MERIDIAN ARTS COMMISSION 1. Annual Report and Recommendation Regarding Purchase of Artwork for Art in Public Spaces Series Approved C. FIRE DEPARTMENT 1. Emergency Management Update Meridian City Council Workshop Agenda — Tuesday, October 20, 2009 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. PLANNING DEPARTMENT • 1. Budget Amendment for Idaho Power Rebate for Energy Efficiency for $97,800.00 Approved 2. Fairview Avenue Concept Design Update E. POLICE DEPARTMENT/PARKS DEPARTMENT 1. Dog Park Update 2. Use of Metal Detectors in City Parks and Facilities - Proposed MPR Department Policy and Draft Agreement for Permitting F. LEGAL DEPARTMENT 1. Commission Ordinance Update 2. Draft Alcohol Server Training Ordinance 3. Discussion on Identity Theft Prevention Program Resolution • 4. Discussion on Time Extension for JLJ Enterprises on Bittercreek (Amended onto Agenda) Approved G. PUBLIC WORKS DEPARTMENT 1. 2009 PNCWA Conference Update and Award 8. CITY ORDINANCE / POLICY REVIEW: A. Ordinance No. 09-1431: AZ 09-002 Request for Annexation and Zoning of 2.52 acres from RUT in Ada County to L -O (Limited Office) for Treasure Valley Veterinary Hospital by Rick Shackleford — 2600 S. Meridian Road: Approved 9. Executive Session per Idaho State Code 67-2345(1)(f) — (to consider and advise its legal representatives in pending litigation) Into Exec: Bird/Hoaglun 9:15 p.m. Out of Exec at 10:42 p.m. Adjourned at 10:42 p.m. Meridian City Council Workshop Agenda — Tuesday, October 20, 2009 Page 3 of 3 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 Workshop October 20, 2009 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October 20, 2009, by Council President Charlie Rountree. Members Present: Tammy de Weerd, Charlie Rountree, Keith Bird, Brad Hoaglun and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Pete Friedman, Steve Siddoway, Jeff Lavey, Scott Colaianni, Ron Anderson, Mark Niemeyer, Tom Bary, Lucas Cavener, 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 Rountree: Good evening. If I could get your attention. I'm going to open this evening's City Council workshop for October 20th at 6:02 p.m. First item, roll call attendance. Item 2: PLEDGE OF ALLEGIANCE by Boy Scout Troop #185 Rountree: If you'd all join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: COMMUNITY INVOCATION by Darrell Taylor with Ten Mile Christian Church Rountree: Darrell Taylor is not with us this evening, so we will not have the community invocation. Item 4: ADOPTION OF THE AGENDA Rountree: Mr. Nary, Item 4, 1 believe you requested an item that you added to the agenda. Is that going to happen? Nary: Mr. President, Members of the Council, Madam Mayor, yes, we would request if you could add an item -- excuse me -- Item F-4. And this is an extension of time on the Bittercreek -- time extension for the Bittercreek Meadows agreement and that's with Mr. Jewett and Mr. Jewett is supposed to be here. 9 De Weerd: Mr. President? Meridian City Council Workshop October 20, 2009 Page 2 of 65 0 Rountree: Madam Mayor. De Weerd: Also for the motion maker, if we could also add an Item 6 under the Mayor's Office, Department Reports, for the community liaison update, which would also include an update from M -Y -A -C. MYAC. I was going to say MYAC and I thought you guys won't know what that this. It's the Mayor's Youth Advisory Council. Bird: What do you mean we don't know what it is? De Weerd: Well, I thought Keith would go MYAC, what is MYAC? Rountree: With those two suggested amendments to the agenda, I need a motion to adopt the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would also comment on a couple other things, if I may. Under the Consent Agenda, Item E, the resolution number is 09-688. Under the Mayor's Office, Item 7-A, first resolution number one is the number 09-689. Item 2, the resolution number is 09- 690. Item 3, the resolution number is 09-691. Item 4, the resolution number is 09-692. Item 5, the resolution number is 09-693. We are adding an Item 6, a report by the community liaison and Mayor's Youth Advisory Council. Under Item 7-F, we are adding a Item 4, which is discussion of the time extension for Bittercreek. Under Item 8-A, the ordinance number is 09-1431. That constitutes the changes as I see them and with that I move we adopt the agenda as amended and added to. Holman: Madam Mayor, Members of the Council, I apologize, the posted agendas all have it correct. Item 7-F-1 on -- I actually gave you an earlier version. It was called discussion of traffic safety commission ordinance. All of our noticed agendas we had changed it to the Commission ordinance update, so just wanted you to note that. Everyone in the audience and the posted agendas on our website are all correct, I just accidentally printed an earlier version of the agenda for you folks up here. Rountree: Thank you. Zaremba: All right. Thank you. Rountree: I have a motion. Do I have a second? Hoaglun: Second. Rountree: It's been moved and seconded to adopt the amended agenda. All those in • favor? Opposed same sign? Motion passes. Meridian City Council Workshop October 20, 2009 Page 3 of 65 MOTION CARRIED: ALL AYES. Item 5: PROCLAMATION FOR ENERGY AWARENESS MONTH Rountree: Next item on the agenda is a proclamation. Mayor. De Weerd: Thank you. It is Energy Awareness Month and with us tonight is Blake Watson with Idaho Power and so I will come down there to read it and, Blake, if you will join me. Thank you for being with us tonight. Idaho Power has been a great partner at the city and certainly of our community. They have done a number of out reaches and as it is Energy Awareness Month, we thought it only fitting to have Idaho Power with us tonight to receive the proclamation. Whereas the need for electricity is universal and whereas responsible energy use benefits everyone and each individual has the ability to make a difference and whereas there are many different ways to make a difference, such as changes to compact -- compact -- easy for me to say -- fluorescent bulbs, purchasing Energy Star equipment, turning off lights when not in use, or combining vehicle trips and whereas the City of Meridian is committed to wise energy use in our own operations, as demonstrated by Meridian City Hall and whereas Idaho Power provides customers tools to use energy wisely and whereas National Energy Awareness Month emphasizes the importance of wise energy use and the changes and advancements emerging in the energy industry. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim October 2009 to be Energy Awareness Month in the City of Meridian and to encourage all citizens to get empowered to be energy aware during Energy Awareness Month. This is signed the 20th day of October and we would like to thank you for being here tonight with us and thank you for being such a great partner to the City of Meridian. Watson: Well, thank you, Mayor, and thank you Members of the City Council and thank you to the City of Meridian. As Tammy said, it takes a partnership to do this on just not only from Idaho Power's standpoint, but the partnership with our fine communities and our fine cities and all of our customers as well. And certainly Meridian, I could list a number of things that are partnering and participating in as far as energy and energy efficiency goes, but probably don't have the time to talk about all that here, so, again, thank you very much for taking this proclamation for Energy Awareness Month as part of a national effort and Idaho Power's participating in that as well and we really appreciate the support and continued partnership with the City of Meridian on energy. Thank you very much. De Weerd: And, Blake, just for note, I will be submitting a guest opinion to talk about what we are doing here at City Hall to be energy partners on the wise use of energy and, hopefully, starting dialogue or continuing the dialogue on how we can be more efficient at our energy use. Watson: Thank you very much. Appreciate that. Thank you again. • Item 6: CONSENT AGENDA: • • 0 Meridian City Council Workshop October 20, 2009 Page 4 of 65 A. Acceptance Agreement with Patricia Fennell for Display of Artwork in Initial Point Gallery B. Acceptance Agreement with Helen Grainger Wilson for Display of Artwork In Initial Point Gallery C. Agreement for Massage Therapy Services with Kristy Sweeney D. Professional Services Agreement for Energy Efficiency Conservation Strategy with HDR, Inc. for a Not to Exceed Amount of $48,800.00 E. Resolution No. : Revised CDBG Action Plan for Program Year 2009 F. Development Agreement: AZ 09-002 Request for Annexation and Zoning of 2.52 acres from RUT in Ada County to L -O (Limited Office) for Treasure Valley Veterinary Hospital by Rick Shackleford - 2600 S. Meridian Road: Rountree: Thank you. Next item is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Noting that Item E, resolution number is 09-688, 1 move we adopt the agenda as published. Hoaglun: Second that. Rountree: Moved and seconded -- Zaremba: I'm sorry. There is more to that motion that I forgot. I move we adopt the Consent Agenda as published and for the Mayor to sign and the clerk to attest. Hoaglun: I will second that. Rountree: Moved and seconded to approve the Consent Agenda. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba:, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 7: DEPARTMENT REPORTS: Meridian City Council Workshop October 20, 2009 Page 5 of 65 A. MAYOR'S OFFICE 1. Resolution No. : Adopting the Name Change from "The Treasure Valley's Medically Monitored Detoxification/Mental Health Diversion Unit" to "Allumbaugh House" Rountree: Item 7, Department Reports. Mayor. De Weerd: Mr. President -- Rountree: Six? Seven? Six. Yeah. De Weerd: 7-A, one through six. Item number one is a resolution to officially adopt the name of the detox and mental health diversion unit. As our committee has met monthly, we hated to -- to go into the detox meeting and worried about what people were thinking. No. Actually, it was a mouth full and we wanted to make it something that was a little bit more friendly to the idea of a place that you can go and get the kind of care that people need in this kind of a crisis situation. Allumbaugh House name came up. The facility is on Allumbaugh and so it is a geographic reference and we did have the committee have dialogue. I believe that the family is also been talked to, just as a matter of courtesy, to let them know that there was a desire to find a little bit more user . friendly name for -- for this particular unit. Also part of the discussion of the Commission has been how to move forward with the hiring of personnel. Our agreements contemplated starting to pay the money that we dedicated in the form of 52,000 dollars once the facility was operational. That's hard to not ask for the money before then, because the expenses start the minute we hired the operator. It was the committee's opinion that, you know, the -- the dedicated funds will not be exceeded with paying out and allowing the operator the opportunity to hire, to start filling in policy type of criteria, so that everything is all in order for the opening of the facility. I just wanted to give you a heads up that the monies will be spent beforehand. I don't think it was the intent of the city to limit the expenditure of those funds. Also, another situation that has occurred and I have talked to our City Council President about this, is that the city of Eagle did not fund their portion of the detoxification effort. The committee looked at what that impact would be. It is still underneath the amount that we had budgeted. In fact, with it redistributed to all the partners, we are still paying around 45,000, not the 52,000 that has been dedicated. So, I did want to give you a heads up to that. If Eagle does get the funding and steps back up to the plate, they will adjust all of our contributions accordingly, so the money would be reimbursed back to the other funding partners. So, I would ask if there is any questions about the rename of the facility or of the financial commitment that the city has made. Zaremba: Madam Mayor? Rountree: Mr. Zaremba: Meridian City Council Workshop October 20, 2009 Page 6 of 65 Zaremba: It's not a question on the name, it's a question on the funding of it. We had discussion before about cities that were not participating in the ongoing funding of this perhaps paying a per patient charge for their citizens and I don't remember how that came out. Is that happening or -- Eagle not paying is not the only city that isn't -- isn't paying and I -- we assume they will have need for the facility and I wondered where the suggestion for patient charge for the cities that were not participating. De Weerd: Mr. President, Mr. Zaremba, I -- I know that that will be something that they hope to address in the policies and procedures that the new operator will be charged with bringing forward and so we hope that that dialogue will come. It has -- it has been something that's been on the table to talk with the counties -- the other counties that also will have some -- some benefit from it. However, it's pretty minimal. I don't know how that discussion will turn out, but it is part of the policies and procedures that the operator's responsible for detailing. Zaremba: Great. Thank you. De Weerd: Uh-huh. Rountree: Any other questions, comments? Zaremba: Mr. President, I move we adopt Resolution 09-0689. 0 Bird: Second. Rountree: It's been moved and seconded to adopt Item 7-A-1. Need a roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba:, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. 2. Resolution No. : Framework Agreement Towards Sister City Relationship Rountree: Next item. De Weerd: Councilman Rountree and City Council Members, I did want to bring this to you. It is an agreement for the framework that we will proceed in establishing a sister city, a relation with the city of Qionglai. I'm going to have to get better with my Chinese. But they will be coming for a visit the end of November, early December, and where we would hope to -- to sign the official framework agreement, but this — so, this is kind of a draft that we would like to present back to them, so they can move forward with the preparations for their trip and it gives us a little bit of time going back and forth to solidify some specific steps that we would, then, again bring back to you for an official agreement. But I would appreciate your support in moving forward with the framework agreement that's in front of you tonight. Meridian City Council Workshop October 20, 2009 Page 7 of 65 0 Rountree: Any questions? Hoaglun: Just a quick question, Mr. President, Madam Mayor. Do we have any other sister city relationships with other communities around the world right now? De Weerd: No, we don't. Hoaglun: Okay. De Weerd: And, in fact, you know, one of the unique things with this particular city is they have very few as well and the one that they do have, they have formed a joint venture between their two cities to create a brand of liquor and I can't tell you what kind of liquor it is. It's pretty potent. But it's -- it's something that they worked in collaboration -- Qionglai is known as the liquor capital of the Chinese nation and what they produce out of their -- their community -- it's one of a number of industries that are part of that and that is the relationship that they have with a city in France. So, they do take sister city relationships very serious and seeing a mutual benefit from a sister city relationship, both culturally and economically. So, those will be some of the areas that we explore in what could benefit our two communities from being sister cities and growing a relationship as we set the framework for this agreement. Rountree: Anything further? Okay. Need a motion. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve Resolution 09-690. Hoaglun: Second. Rountree: It's been moved and seconded to approve Item 7-A-2. We don't need a roll call for that, do we? Nary: You don't. Rountree: All in favor of the motion aye. Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. 3. Resolution No. : Appointment of Steven Yearsley to Traffic Safety Commission 0 Meridian City Council Workshop October 20, 2009 Page 8 of 65 4. Resolution No. : Reappointment of Michael Martin to Seat 6, Meridian Parks and Recreation Commission 5. Resolution No. : Reappointment of Steven Yearsley to Seat 7, Meridian Parks and Recreation Commission Rountree: 7-A-3, 4, and 5, if the Mayor will discuss those, we can probably deal with those in one motion. De Weerd: Yes. I do know that we have Steven Yearsley here with us tonight, who is a name that is in front of you to be appointed to the Traffic Safety Commission. Steven has been serving on our Parks Commission, has been an excellent contributor to many of the great things that are coming out of our Parks Commission. We have appreciated his dedication, dependability, and his hard work that he gives us there. He does have an interest in transportation. Funny that, uh? But he is willing to step up and serve on our Traffic Safety Commission as one of our citizen volunteers and to represent the southern part of our community. So, Steven, would you like to add anything? Zaremba: Madam Mayor, while he's coming forward, I would add that he has also been attending our transportation task force meetings and his input is very helpful. Yearsley: Thank you very much. Steven Yearsley, for the record. I just want to let you know I appreciate the opportunity to serve for the City of Meridian and to give back to this great community, for I truly believe that this is a great community to live in and just grateful that I can help contribute and also on a personal note I want to thank the Mayor and Council for the great work that they do, especially in these budget times and be able to keep a balanced budget without having to cut a lot things. I think that says a lot for this city and what they have done and so I just wanted to thank you for all your work. De Weerd: Thank you, Steven. And I would also add, Mr. President, is I ran into Steven at a National Night Out celebration. I don't think he really realized how involved he would become after meeting up with me, but he said at that time that he would lead an effort to name the park and he was part of the homeowners association -- I think was the president and they came back with some great names. That's how we came up with the name for Renaissance Park and so he has been involved far before getting involved in the Parks Commission, which was a natural transition into now a passion of his which is also the transportation area. So, also in front of you are the reappointment of Michael Martin to seat number six and Steven Yearsley to seat number seven of the Meridian Parks and Recreation Commission. Again, I think I have already stated how engaged our citizen commissioners have become on the parks commission, have been not only great advocates for our park system and a huge asset to our parks director Mr. Siddoway, but they are getting some great things accomplished and it's just been really exciting to see the transition of the citizens commission into a real cohesive working group that has rolled up their sleeves and they are getting some great things done and I Meridian City Council Workshop October 20, 2009 Page 9 of 65 guess if Mr. Siddoway would you like to make any comments -- and, sorry, Mr. Is President, I'm so used to running this meeting, I'm taking more privileges than I'm supposed to. Rountree: That's fine. Siddoway: President, Madam Mayor, I'm not sure there is much to add after that. That was a great overview and introduction. Both Steven Yearsley and Michael Martin have been great commissioners in the time that they have served and I welcome them back for another term wholeheartedly. They are very engaged, reliable, and they do good work. So, I would support their reappointment. Rountree: Any discussion? I have a comment. I just wanted to thank Steven, you're here, and Michael for the dedication and time and the carrying on the tradition with the recreation -- Parks and Recreation Commission that I have a particular interest in and -- and as well as the Mayor back a few years ago when we started it and I appreciate and understand fully the amount of time and effort it takes and in your case, Steven, I really appreciate the double duty. It's yet several more meetings a month that you can add to your schedule, but I appreciate your time and effort. Hoaglun: Mr. President, just a quick comment. With Mr. Yearsley's background, if we ever decide to have a Public Works Commission, I know a prime candidate who could . probably, step in that, so -- he needs more to do. Rountree: Apparently so. De Weerd: Noted for Mr. Barry, uh? Rountree: I do need a motion. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: With appreciation to both Steven and to Michael, I move that we adopt Resolution 09-691, Resolution 09-692, and Resolution 09-693. Hoaglun: Second. Rountree: It's been moved and seconded to approve Item 7-K, three, four, and five. All in favor aye. Opposed same sign? Motion passes. De Weerd: Don't we need voice -- 9 Nary: Roll call. Meridian City Council Workshop October 20, 2009 Page 10 of 65 • Rountree: Do we need roll call? Nary: Yes. Rountree: Well, let's do that one more time. Let's have a roll call vote on that motion. Roll -Call: Bird, yea; Rountree, yea; Zaremba:, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. 6. Community Liaison Update Rountree: And Item 7-A-6. De Weerd: Luke or -- Rountree: Luke or Ely. Cavener: Good evening, Mr. President, Madam Mayor, Members of the Council. I'll share an update with you here in a few moments, but first I wanted to have two members of our Mayor's Youth Advisory Council come and update you on some of the projects that they have been working on and give you an overview as to how things • have been progressing this academic year, so I have Ely Nary, who is the chair of the Mayor's Youth Advisory Council and Esa Rios, who is the representative on our executive council for Mountain View High School. E.Nary: Good evening. My name is Ely Nary and I would just like to start out with thanking the Council and the Mayor for this opportunity that the youth of Meridian has. It's been really effective. In fact, this year alone we have had an average of about 45 kids per meeting. That's a huge attendance jump from previous years. And we attribute that to the summer sessions that we have that -- that we had planning out how we are going to conduct our meetings and also to the structure, because one thing that we wanted more from this year and what the Mayor said also was that we didn't just want it to be something that you go to a meeting and you'd learn, but something that you could use in a day-to-day life to build leaders for tomorrow and that's something that we have been really able to implement this year is -- it's not just a meeting anymore, it's a place to become a leader and I would just like to thank you guys for that opportunity. This year we have divided into three different subcommittees outside of our general meetings. We have the Teen Advisory Council, which right now is planning a Halloween party that will be held a week from Friday for all middle schoolers and high schoolers. It's been already something that's been really effective and we have run it through the Parks and Recreation Department with Allison Kaptein and, then, we also have our community involvement, which has been another thing so far that's been really effective with the Buddy Walk that we already had that was supported through the Mayor's Youth Advisory Council and also the harvest festival, which we had volunteers for. In fact, I got to help judge the pumpkin contest. But, anyway, it's been -- everything Meridian City Council Workshop October 20, 2009 Page 11 of 65 that we done so far has just turned to gold in a sense, because we have been able to build projects, we have been able to build different ideas and it's been a really great stepping stone for where this year's going. In fact, we also have our government affairs subcommittee, which has been a subcommittee that we have had in the past and what they have been able to already do this year is we have divided our time between two different bills that are -- expected bills for Congress -- or for the state legislature, sorry -- that will be held this spring between the texting while driving and the beer and wine tax. These two bills have been -- with the beer and wine tax, something that we helped out with last year and texting while driving, which is a really important issue towards teens. So, the fact that we have been able to have all these opportunities because of you guys, I'd like to say thank you again and I'm going to hand over the rest of the time to Esa. Rios: Hello. My name is Esa Rios and I'm new to the City of Meridian and new to the MYAC and I noticed MYAC when it was just -- there was -- sorry. It was -- there was -- song. I'm not used to -- De Weerd: That's all right. As you saw in my proclamation I couldn't do it either. Rios: There was a stand at my school of Mountain View and I looked into it and the MYAC program seemed really valuable in me helping the community and getting involved in community activities and I really like that opportunity that it provides and I'm a member -- oh, my gosh, what am I saying. Sony. • De Weerd: Don't wont', Rios: I'm a member of the GA committee, the governmental affairs and the Teen Activity Council and I -- E.Nary: Well, Esa is just another example of all the members that we have had this year that have been able to step in, because we had a lot of members last year that graduated and so this year we have a lot of new people, though, come in and have just really taken the ball and ran with it and Esa is a prime example of that, him now being on the executive council and being active in the subcommittees, he has been a huge help and huge proponent to where this year is going. Anyway, just like to thank you one more time and we will hand over the rest of our time to Luke. Zaremba: Thank you. Rountree: Thank you, gentlemen. De Weerd: Mr. President? Rountree: Madam Mayor. 9 De Weerd: And I would say that, you know, these two young men got the short straw, I think, because they got the first meeting. You will be getting a monthly report from the Meridian City Council Workshop October 20, 2009 Page 12 of 65 • youth council, number one, because they feel it's important that you are kept abreast as to the advancements of the youth council and some of the activities and leadership training that they are embarking on, but also because you do dedicate funding to these young leaders and they want to show their appreciation through sharing of information. So, you will be seeing different faces every month and we just love having the youth of our community in front of us and I know we have all been on the other side of that podium, so we know how your heart is in your throat and it's hard to think and we just appreciate you being here. Rountree: It's an awful lot easier on this side. De Weerd: Yeah. It is. Hoaglun: I have a question for Esa. I just -- you talked about the booth that was set up at the school. What drew you to that? I mean what -- you know, I'm trying to find out what -- what attracts kids to do this sort of thing, because it's not a -- you know, kids wouldn't look at this as being a fun thing to do. So, what brought you to the booth? They didn't have free T-shirts or anything, did they, or -- I was just kind of curious. What drew you to that? Rios: Well, I have always aspired to be involved in government affairs and stuff like that and I saw -- I was just looking through booths and I noticed this one and it particularly • stuck out, because I -- in California I wasn't as active in the community as I would like to have been and I feel -- I saw this as a really great opportunity to jump into this new area and just with full force and try to make a difference in things. Hoaglun: Great. Thank you. Zaremba: Cool. De Weerd: And he has, you made an instant splash, so -- E.Nary: Are there any other questions or comments? Rountree: Thank you. Rios: Thank you. E.Nary: Thank you. De Weerd: Thank you. Rountree: Your turn, Luke. Cavener: Those two are hard to follow. I just -- to reiterate one more time on what the Mayor said, Esa made a splash from almost I think our first minute of our first youth Meridian City Council Workshop October 20, 2009 Page 13 of 65 council meeting and I'm fairly confident that he's someone in our youth council that you will hear, you know, in the future and for years to come. He's been a great addition and we are really happy to have him. So, it's time for my monthly update to give you the -- those whose, whats, wheres and whys that's been going on in our community over the past about five and a half weeks since we last spoke. What I will do tonight is I will give you a little bit of update on some of the last things that we spoke about last month, talk about the different groups and organizations that I work on a somewhat continuous basis, and, then, talk to you about some of the new projects that are going on in our community. Last month when I talked to -- we spoke a lot about messaging and meeting and being in front of people and getting out and about and being successful in our community. Also talking about finding new ways to educate, inform, and work with our community and over the past month we have continued to follow that with great strides. We have more followers on our Facebook and on our Twitter front and have used that as a great tool to educate and make people aware of all sorts of different events. We have also found that the community really likes it when we solicit their opinion on things and so we create an active relationship, so over the past month we have engaged opinion on everything from who -- anyone has an idea of what would be the best tree for us to have for Christmas, to feedback on the prescription drugs dropoff program at Meridian police department and information that they want to receive and the Meridian public has been very vocal about it, they have enjoyed having the Facebook and the Twitter updates and being able to be informed of what's going on in our community. Our blogs on our website continue to grow. They are one of the most popular parts of our website. I really credit a lot of that to the Mayor's Celebrate Meridian blog, which is our Monday staple and that brings people to our website where they can also see updates from all of our other departments. I really champion all of our department directors for really being very proactive and producing a blog on a monthly basis to educate our citizens about what's going on. They are the ones that are bringing people back month after month and it's unique when you look at the stats from our website since we have launched and every month there has been this very continuous strong traffic increase. We think people come to our site perhaps to pay their water bill or to look for a job and see our blogs and the numbers are tracking higher and higher every month. It's just become -- it is the fastest growing part of our website and I really thank our Mayor and our department directors for making that happen. Looking at groups and organizations that I deal with on a somewhat regular basis, Ely and Esa really did a much better job, I think, than, I could have of explaining everything that's going on. The only thing that I would add is that this -- this crop of young people that we have in our youth council this year are just incredible. We have a diverse, engaging, just amazing group of young people from all -- all schools in Meridian and including Compass, Cole Valley -- Rocky Mountain is probably our biggest supporter. And that's unique, because last year we didn't have a large contingent of students from Rocky Mountain last year and to see them being the majority has been really great this year and I'm just -- I'm very fortunate that I get to spend my Monday nights working with them and they keep me in the loop as to what's cool and happening, so I don't feel so old. So, I'm glad to be a part of that. Getting to our Meridian Senior Center, a lot of things have been happening in our Senior Center. I know that in previous meetings we have discussed the food situations there and their new center. I'm really happy to report this Meridian City Council Workshop October 20, 2009 Page 14 of 65 month that our seniors in Meridian are just really really happy. The situations with the senior nutrition program appear to be all resolved, both in the quality and in the quantity. The senior numbers are up at the center. Roughly about 30 percent up from about 60 days previous. So, it seems like the -- the issues with the Elk's Rehabilitation Hospital have been resolved. In addition, the seniors now have signed a long term agreement with the Elk's, both for the senior nutrition program, as for rental of their kitchen facility. As you may or may not know, a portion of the revenue that the senior center has brought in was when they rented their kitchen to Central District Health for the senior nutrition program. When Central District Health removed themselves from that program, they lost a significant chunk of revenue. They are now making 500 dollars a month for the kitchen rental, that's about half less than what they were making from Central District Health. This new contract does allow them to rent their kitchen out to any group or organization that wants to have a wedding or party, they would be able to come in and use the commercial kitchen. A lot of progress is being made on the new senior center design and -- that's going to be added over in the Kleiner Park. What I really applaud our seniors on is initially this project was going to be a two story, 25,000 square foot building, that was going to be built next to the -- or attached to the library. In an effort to make project cost feasible, it's been reduced to a 17,000 square foot single story building that's separate from the library and where previously I had been led to believe that maybe some of our seniors would be upset about that, they are very excited about making this project a reality. I think when we had the press conference out at Kleiner's Park, many of them shared with me that for the first time this project is real and • they are excited and willing to do whatever they can to make this project a reality and I think -- I really applaud our seniors for taking that step and being willing to do whatever they can to make this project a reality. Another great thing that we have been doing with our seniors -- I'm sure you have seen them as you have come into City Hall, is we have senior artists in Meridian that are award winning. Many of our senior artists received awards at the fair and they asked if they could display their artwork in City Council and we were happy to do. So, we had so many senior artists and we will run a display of six artists for three weeks and, then, a new set of six artists for another three weeks, so that we have the opportunity to display them all. I know, again, they are excited to have their new center where they will be able to display their artwork in their own building, but in the meantime we are happy to -- to accommodate them. Another organization that I keep you updated on is our Faith Ambassadors Council, which, again, is just a great group of dedicated individuals in Meridian that really come and share with us their opinions, ideas from their particular body of faith and it's been great to see different perspectives on issues. I tell them on a daily basis -- I'm sure it's the same for you, is we hear from our -- our residential community and our business community all the time, but it's very rare that our faith community comes to us to share their opinions and over the past month I have worked very diligently to go out and meet with them in their place of worship or their favorite coffee shop, where ever, on their time, to find out what's going on in their community and how that relates to the City of Meridian and I think that's been a great program to help increase our participation in the Faith Ambassadors Council. We also have the faith leaders luncheon. Mark your calendar, it's going to be October 29th at Valley Shepherd Church of the Nazarene. It will be a lunch event where we invite all of our faith leaders from Meridian to come get Meridian City Council Workshop October 20, 2009 Page 15 of 65 . together, talk about community. Jim Atkins, who is the pastor of the Common Grounds Biker Church, will be addressing everyone -- all those in attendance on community and Pastor Jim Atkins has a unique story. He has spent time administering to the prisons. He created a bar ministry and, then, created the biker church that meets at the Busted Shovel and I think that his unique approach to building community will be something that everyone would like to hear, so I'd invite all of you to join us next week for lunch. It will be a great event. I have been told lasagne will be served. I don't know if that helps, but I'm looking forward to it. Let's talk about some of the different projects that are going on that I have been working with and assisting on. One that I'm really excited to talk about tonight is our business registry, which will be a program that is really designed to help our businesses and our residents know about what products and services are being offered in our community. We have partnered with a local Meridian business called bizreach.com and they created a big website for businesses to, basically, host their information about hours, products they serve, specials, et cetera. And they have volunteered to come free of charge and work with the city to create a hosting site designed specifically for Meridian, so when our citizens come to the meridiancity.org to pay their water bill or go to the blogs, they will have the opportunity to see where restaurants are near them or retail places and I think that it will serve all aspects of business in our community. It will be another great tool that we are looking to provide. Our IT department has been great in working with bizreach to make sure that all the right questions from the city are being asked and answered and -- and it's great to have a community partner like bizreach that's really wanting to do whatever they can to help make this project a success. That project is set to probably be launched in early November. They are in the development for it right now and, like I said, I think it will be a great tool. While this isn't necessarily a project per se out of the Mayor's office, the implementation of commingled recycling in our community is something that's resulted in some phone calls and questions and comments to our office wanting to know why everybody in their neighborhood has a new trash can with a red lid and they don't or what the reason is for the changes. And so that's been a great opportunity for me to talk with our citizens about what commingled is, why we are doing it, and educate them on the processes behind that. In addition, SSC has been a good partner in our recent town hall meeting, gave them the opportunity to come in, talk about commingled recycling, talking about why it's important and it's really been great to see the city be very proactive and promoting environmentally friendly initiatives, such as commingled recycling, such as our town hall event and the green grant program. It's been -- it's been very easy for me to talk about the things that the City of Meridian does to think green in our community and I applaud you for that. Another great project to talk about is Meridian Business day. I know that I have spoken to you about the success we had in last Meridian Business Day, which was last May, that we are going to be doing two a year and our next one will be November 10th. It will again be here at City Hall. I'm happy to say that, again, it will be free and other organizations and groups put on business networking and educational seminars that cost money, we are fortunate that we have got great sponsors in Meridian that are helping to keep this event free and open to anyone in our business community to come -- come and participate and I really believe that this one will be as successful, if not more successful than our last one. The other project that I'm really excited to talk about is our community videos. Again, Meridian City Council Workshop October 20, 2009 Page 16 of 65 thinking long term with how we want to communicate and interact and knowing that the audience that visits our website is changing and oftentimes being more technically savvy, we want to be able to provide tools that we can showcase our community, not only to people of Meridian or Boise, but to the world, and so I'm sure you have seen the production company that we have had out and about at events for the past five months taping events, interviewing individuals in our community and now the next step is to tum those into -- into finished products that we will be able to host on our website. What's really unique about these is that it will be really designed to be multi -tooled, so that if at a later point in time we need to create a deliverable DVD that we give someone who may be -- welcome to Meridian or we will use when there is a business that's looking to come to town, we will be able to have these deliverables that we will be able to showcase our community and for them to take back and show why Meridian is such a great community and I'm excited to start getting those finished products. We will start to see a lot of those deliverables towards the middle, the end of December, and will officially be ready to launched probably the first part of next year. So, that's a snapshot of some of the things that are going on in Meridian. I like to sometimes talk until I'm blue in the face, but I don't want to do that tonight, I'd rather answer and address any questions that you, so I will stand for questions. Rountree: You have been busy. Any questions for Luke? I have a follow up on the Senior Center. What — how is the fundraising effort going? . Cavener: Fair. I think -- looking at fundraising as a whole across the board, no matter what it, is tough. The seniors -- I think because they have been talking about this project and they are finally now saying we are open to some dollars, is going okay. I think that now that there is designs that they can point to and they are working on a fundraising video, they have launched a website, while it's not anywhere where anyone wants to be, I think given the current economic landscape it's fair. I believe they have raised -- I want to say they are right at 30,000 dollars is the number I believe I have heard. Rountree: Good. Great. Very good. Any other questions for Luke? Thanks, Luke. Cavener: One other real quick caveat that I will add is I just want to thank all of you being out at community events. I love it when I'm at a ribbon cutting or a community center event or town hall meetings and I have the opportunity to see you. I did enjoy serving barbecue with all of you at the -- at the smoke out and I look forward to more opportunities like that. So, thank you very much. B. MERIDIAN ARTS COMMISSION 1. Annual Report and Recommendation Regarding Purchase of Artwork for Art in Public Spaces Series 0 Rountree: Thanks again. Next item is Arts Commission. Meg. Meridian City Council Workshop October 20, 2009 Page 17 of 65 Glasgow: I was just wondering where those -- I brought visual aids from the Arts Commission. We like a lot of pictures, so -- well, I'm just very happy to be here tonight, kind of give you all an update of what we have been up to at the Arts Commission. We have been very very busy. Excellent. Thank you. So, what I thought I'd do is just go over real briefly kind of a list of our accomplishments, what we have been working on this past year to date and give you a little hint, a little preview of what we have got coming in the short term as well. You're all very familiar, of course, with the dedication of our first public art project origin in the lobby, Amber Conger's sculpture. That was the culmination of a two year project -- first for Meridian, so we are very pleased to have such a great response on that. We have to date received a little over 5,000 dollars in corporate and private donations to the Arts Commission, which we are incredibly grateful for the support of our community in these tough times and the support of the arts in Meridian is very very strong. We have partnered with several community groups. One we feel very strongly in supporting the Meridian symphony orchestra and particularly their young artist award. We did participate with not a cash award, but assisted with the judging and we are also planning to use some of those recognized artists at a future event we have coming up in November. We are also partnering with the Meridian School District on their annual art show, participating through judging, mentoring, and those kind of things. We are also working with the parks -- parks and rec department with their continuing education program. We have provided assistance with artists, as well as helping form curriculums for the parks department education program. I'm so tickled to announce that Initial Point Gallery is gaining national attention now. We have sent -- just recently sent off -- or call and said we are getting ready to schedule the 2010, 2011 season, but I'm so tickled to report we have a national show coming to our little gallery in Meridian, Idaho. The National Watercolor Society. This is the top watercolorists in our country. They every year rotate throughout the country and this is a first for -- first for Idaho and so we are very very pleased that the negotiations have gone well and so you can look for them this coming fall in probably September 2010. So, we are really tickled about that. We have also joined forces with the Downtown Business Association to host or assist with the fall Art and Wine Festival, with the help of artists and whatnot down there and also we have been working with MDC and asking their support working with ACHD to plan and allow for public art in the Crossover project on Main and Meridian Roads and so that is a project, too, that we have kind of got on the burner there. We have also initiated contact with the parks commission to reorganize and kind of breathe new life into their nonprofit organization, their Friends of Parks 501(c)(3) for the purpose of fundraising for our public art projects in Meridian parks. So, hopefully, we will have more to report on that later. The Art In Public Spaces program is well underway. We are -- I'm just -- the next I will introduce three -- or the three recommendations for artwork to be purchased for City Hall. This will be seven, then, of the initial ten that we were set to do when the building was finished, so we are pleased that that is going so well and be able to highlight talent in the -- talented artists in the Treasure Valley. The other thing we have exciting is a partnership with Parametrics and the Parks and Rec Department for the creation of public art in Kleiner Park. This is a real real thrill for us and so we have been -- sat in on some brainstorming meetings with the Kleiner Park planners and bringing our creative inspiration of ideas and suggestions on how best we can incorporate public art into that Meridian City Council Workshop October 20, 2009 Page 18 of 65 park and we have identified three primary areas that we are kind of focusing on. One is the memorial statute, assisting with the -- searching the call for artists and that project. The second is the grand entrance. There is an opportunity for public artwork, metal work, in the grand entrance itself and we are kind of excited to incorporate little follies, points of interest throughout the park, too, the opportunities for sculpture and whatnot. So, that was progressing along nicely, so I'll have more to report on that later. Missoula Childrens Theater, we brought for the -- into our community for the very first time this past May. Little Red Riding Hood was the production. We had 75 kids cast in that play and on a Saturday performance we had about 300 plus family members. So, for a first time event to have that kind of impact with the youth in our community and the families as well, bringing art in a real real way to young people and a thrill for us. And so now we are making plans to bring them back again, this time in February, so we are just really pleased that that is -- the community and sponsors have been so strong in the children's theater program. Concerts On Broadway, too, wild success. Thank you all for planning and having the vision to conduct their -- you know, having the amphitheater and the courtyard here at City Hall, because it was just so fantastic. June, July, and August we had concerts, you remember, the Kings of Swing and trumpter Rich Wetzel and, then, the MSO has their tenth anniversary kickoff season here. So, we are really looking forward to having the same success next year, in fact even -- even larger. Plans are now going forward. We have partnered with Meadow Lake Village to host a holiday gala November -- it's a Saturday event, November 21 st. It will be from noon to 7:00 and what we are doing is inviting artists to display in a little six by six area and sell their artwork to not only the residents of Meadow Lake Village, but it is a is communitywide, Treasure Valley wide event, and so first of its kind. We are excited to have the support and enthusiasm from -- that we are getting from Meadow Lake Village. Childrens theater I mentioned, February of 2010. We will be bringing those back. The other thing we are very very interested, particularly, Mayor, since you mentioned the sister city partnership, that if there is an opportunity that would exist to have a cultural art exchange with that community in China, would be very -- very welcome the idea to have -- open up the gallery and have that be a space for displaying that kind of work and so we are looking forward to hearing more about in the future. I mentioned the National Watercolor Society show -- traveling show coming through in September. That will be huge. That will get national attention and certainly statewide attention and bring a lot of terrific visitors through Meridian City Hall, so we are excited to have that. We will be applying for more grant funding. The Idaho Commission on the Arts still has set aside small amounts of funding available and we seeking grant funding for our childrens theater initiative. So, hopefully, that will be successful. As we continue to grow and projects continue to come up and opportunities exist, there is a real need for a part-time administrator within the Arts Commission to assist with all kinds of -- all kinds of things and I would be happy to list those all out at some point. So, if I have an opportunity now to kind of dream big about what we'd like for the Arts Commission, that would be one. We certainly want to continue to foster development of public art downtown within the downtown core and we will be participating with MDC as plans for that continue. Continuing to seek corporate and private sponsorships funding. We are going to be putting together sponsorship packages for the Concerts On Broadway next year, so we • can take advantage of looking for corporation support to offset some of those huge Meridian City Council Workshop October 20, 2009 Page 19 of 65 expenses that we have to put on that community event. And, of course, our dream is a home for the Meridian symphony and the childrens theater and all kind of performing groups. So, we would love to see that at some point. So, that's just really quick. Before we move on to the Art In Public Spaces program, does anybody have any questions on this first pass? Rountree: Questions for Meg? Bird: I don't have questions, just a thank you for what the Arts Commission does. Putting on that Broadway show was great, those three performances, and I hope next year maybe we can do more than three. It was fantastic. Well received. Well received. Glasgow: Thank you. I hope you have -- I don't know if this is on video -- Nary: I have photos here. I didn't know -- they weren't labeled, but Emily left them. Glasgow: Okay. Nary: But I have these I can hand out. It's like a -- it looks like a slide presentation. Glasgow: Yes, it was. Nary: Okay. Glasgow: But if it's hard copies, that is perfectly fine. Nary: It appears to be attached to -- Glasgow: Okay. All right. So, for the second the Arts Commission sought -- invited artists to participate in our Art In Public Spaces project and so they submitted up to I think four or five works of art, examples of their work, so we ended up -- the Arts Commission reviewed 41 works of art submitted by 14 different artists and what you have in front of you here are the top submissions of all the artists that have submitted the work. And we wanted to provide that for you to give you some context as to why we selected the three that -- three that we did. So, these are for your review. The three paintings that we ultimately selected as the best of the best and are very enthusiastic about adding these to the municipal art collection in Meridian are the three pieces here and I hope that this is on a separate handout for you, because I did include a few little details about the piece -- the work itself. The first is an oil painting on canvas Mark Davis did called Lake Fork. He's really quite an accomplished painter and I wish these pictures would do them justice, because they are quite outstanding. The second is by probably Meridian's best known artist, Will Nelson, who has been painting for decades around and has been an arts educator as well. He's a highly sought after artist in many many corporate collections, in museum collections around the world, and the fact that he has offered this to us for purchase, folks, we are getting a steal for 1,500 dollars. So, I'm just so thrilled to include one of Will's pieces. Lastly is a water color by Brian Meridian City Council Workshop October 20, 2009 Page 20 of 65 • Schriner. Interesting piece of beautiful use of color. We were really captivated by this and how an old building falling down and even the beauty of that within the texture and the color and the little sparrow in there. So, those were the three that we saw that we really wanted to see hanging in City Hall and so this is what I'm bringing to you today as our recommendation. So, I would ask for your approval for the purchase of those particular three pieces. And I would open it up for questions or comments or -- Rountree: Questions or comments? Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: I don't recall right now what the total purchase of those three -- Glasgow: We have allowed a budget 1,500 dollars apiece and to offset that cost we have asked for support from community members, like Charles and Nancy Rountree have pledged financial support for that particular purchase of those pieces. Hoaglun: And follow up, Mr. President. I know it may come as news to you, but -- Rountree: Oh, no. Hoaglun: Meg, do -- do you guys get involved on where to place those in City Hall and where they would look good or how does that work? Glasgow: We would certainly be -- be happy to -- as that process commences, I would expect that it will probably be a three to four week period of time once you give the approval that the artwork will actually be delivered and I'd be happy to be here that day and help assist with installation of the artwork. Hoaglun: Great. Thank you. Rountree: Any other questions? Comments? Bird: I have none. Rountree: Just a comment, Meg. You know how I feel about what you do, but publicly I appreciate very much all the dedication that your entire committee and you particularly put forth to make this happen. I know it's -- it's got to be a labor of love, because it's taken you away from your labor of livelihood. Glasgow: Yeah. 10 Rountree: So, again, with great appreciation. Meridian City Council Workshop October 20, 2009 Page 21 of 65 • Glasgow: Well, thank you. Thank you. It's a pleasure -- Rountree: I wish we could keep you doing this good work, but I know there is going to be an end at some point in time. Glasgow: At some point. But it's -- I feel it a tremendous honor to have impact in the community this way. Rountree: Thank you. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess since I appoint, you will just be one of those that re -ups every time, so don't count on getting off. I would like to also make the same observations. Certainly we see a lot of Meg and a lot of Dwight every time the Initial Point Gallery changes over their exhibit, he's up there, as is Meg and Nancy and -- you know, we just have a very dedicated commission that -- I know Meg has made some comments that other communities look at what they are able to do and with envy -- I would say a lot of city leaders look at what our commission has been able to do with a lot of envy. So, we certainly appreciate your leadership and the empowerment to all of your commission members to step up and make a make strong statement in their areas of expertise and passion, because they certainly have. Glasgow: Okay. They would love to hear that. Thank you. Rountree: And we have a request for the three pieces. Anybody want to make a motion to approve those as the next acquisition? Bird: I'll make a motion. Rountree: Mr. Bird. Bird: I move that we approve the purchase and the hanging of the three selected paintings for Meridian City Hall. Hoaglun: Second. Rountree: It's been moved and seconded for the purchase of the suggested paintings from the Art Commission. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba:, yea; Hoaglun, yea. 0 MOTION CARRIED: ALL AYES. Meridian City Council Workshop October 20, 2009 Page 22 of 65 40 Glasgow: Thank you. Rountree: Thank you, Meg. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: The commission chair and I will be conducting the youth commission seat representative interviews. This year we are doing the youth representatives a little bit different in that I'm meeting with each of the candidates with either the director or the chair of those commissions to make sure that the youth representative understands the commission, knows a little bit more about what the commissions are doing and I think that's going to have a lot -- bring solid participation, understanding, and engagement to our youth representatives. We have two young ladies that are phenomenal that Meg and I will be meeting with and I will be bringing those back to you as -- as those meetings commence. Steve and I met with the parks commissioner today and she will be joining us next week to be appointed onto the parks commission, so — C. FIRE DEPARTMENT 1. Emergency Management Update Rountree: Very good. Next item. Fire Department. Ron. Emergency management update. Anderson: Mr. President, Madam Mayor and Council, I wanted to give you a quick update on emergency management activities within the City of Meridian. As you know, there is an emergency management team that meets on a monthly basis in Meridian, consists of directors from various departments, but want to let you know that some of the things that we have in the works. Recently we were just awarded a Bureau of Homeland Security grant for 159,000 dollars that will go into audio visual, IT equipment, that will go in the city's emergency operation center that will link us with the county's emergency operation center and other emergency operation centers as they are developed throughout Ada County with other cities. So, that work will be starting probably late November or December. The other thing we wanted to update you on tonight was also the flu and the -- swine flu in particular and some of the issues that are going on here in the Treasure Valley, as well as the state of Idaho, in dealing with that. You have been hearing a lot about it on the news lately. You hear it about the -- the schools that are recently taking flu days and shutting down the entire school. Last week we heard about Horseshoe Bend. We are experiencing very high absentee rates in the Meridian School District as well. So, the emergency management team is kind of meeting and developing contingency plans and we are also tracking absenteeism in the City of Meridian and how many of our workers are out with flu-like symptoms and those types of things. So, we are going to have Mark give you an update on the swine flu tonight and, then, we are going to have Doug Hardman from Ada County Emergency Meridian City Council Workshop October 20, 2009 Page 23 of 65 Management talk to you about what it takes to make a declaration of emergency. I also wanted to update you -- last week -- last Thursday we were contacted by St. Luke's out on Eagle Road and they are dealing with such an influx of patients coming in with flu- like symptoms that it's overwhelming their emergency room and it creates a problem with having folks coming in that have flu-like symptoms who are also exposing other patients who come into the emergency room with those symptoms and when you combine the two, if you're ill or weak from some other injury or illness and, then, you're exposed to the flu, that that can be catastrophic. So, they contacted us and wanted to set up a temporary staging area where they could set up some cubicles and separate people coming in with flu-like symptoms initially in the hallway corridor away from the ER, so we went out and worked with them on that issue, but they also wanted to set up a temporary trias area in the parking lot just to the north of the emergency room there and so we worked with them over the weekend. This -- this is a tent -like structure that, again, was bought with some grant money from Homeland Security and that has been set up and they will be shortly moving all the folks that come in with the flu-like symptoms and they will setting them up and seeing them in that area to try to keep them away from the rest of the folks in the ER room. And there is also talk about if things continue to ramp up and if the hospitals all start -- continue to the high number of patients, that there may be a declaration for emergency that would go through the county and that's why I wanted to have Doug come tonight to talk to you guys and kind of let you know what -- what that process is. I can assure you from the City of Meridian's standpoint we have worked closely through our Public Works and our Fire Department to help them and assist them in any way that we could with setting up their temporary treatment area and trias area and will do all that we can to continue to monitor the situation and provide help where ever we can. And with that I'll turn it over to Mark and let him educate you on the swine flu. Niemeyer: Good evening. I'm a little jealous. He got to talk about grants and fun stuff and I get illness and sickness and all that, but that's all right. So, what we wanted to try and do for you tonight is to create a quick overview -- as you can imagine there is a lot of information out there on the swine flu or H1 N1. Wanted to try and bring something to you tonight that's digestible and also to give you an idea on what we are doing as a city to prepare for this. So, I'll have Pete give me the clicker. So, we do know this is a new influenza A virus, H1 N1. It has not circulated in humans before. You may have heard on the news they have reported that if you are over 60 years of age you may have been exposed to the swine flu in the past. That is true in a certain extent, but we are not talking about the same strain. So, there is a variance in today's H1 N1 versus swine flu that we have seen in the past. As you know, it has been called the swine flu. Just to give you an idea on why that is, the original thought was that the genes found in the influenza in North American pigs, they thought that was going to be similar to this H1 N1. They have since refuted that. They are actually genes within the European pigs, which you can see up there. And it's also in humans as well. So, there is four different components of this H1 N1 virus. We do know that it's contagious. It is spreading from human to human. We just found out a couple days ago that it has -- the first case has spread from a human to an animal. That is a little bit concerning. We will continue to ® monitor that. The CDC is monitoring that as well. So, as we get more information on Meridian City Council Workshop October 20, 2009 Page 24 of 65 that we will have more to pass along. As far as the spread of the H1 N1, it's very similar to other influenza. We do know that it's person to person, typically in the form of sneezing or coughing. When that happens those droplets, then, hit the ground or they land on a person or land on something that, then, somebody touches and, then, touches their face with. We do know that those droplets may stay active for about 12 hours and so when we talk about wiping down counter tops and keeping your work area wiped down, that can help to eliminate that. I know with us in the Fire Department we are talking about spraying down our equipment after every call that we go on that's flu related, just to get rid of those droplets and to kill any potential of the virus. So, what's the big deal? We get asked this a lot. Is this not just a flu, are we going to get through this just like everything else? The answer is yes and no. The seasonal influenza, as we know, can be anywhere from mild to sever illness. Sometimes can lead to death. As you see there on average 36,000 people a year die from the regular influenza, more than 200,000 are hospitalized. The interesting stat in this is that of those hospitalized, 20,000 are children younger than five, but as far as deaths go, over 90 percent of the deaths occur -- and about 60 percent of the hospitalizations occur in people over 64. Keep that in mind as we roll into the H1 N1 and the difference here. So, we do know it's a new virus, one which most people have no or little immunity to. With the regular influenza every year we are exposed to it. Whether we get the flu shot or not we are exposed to it and we do build up somewhat of an immunity to that. With the H1N1, because we haven't seen it before, really, most of us don't have an immunity to it. That's the big difference. The other big difference is that we are seeing this affect that age group 25 years and younger more so than any other population right now. You can imagine the college campuses. We have all heard about the flu parties, whatever they call them, where somebody gets the flu and they all show up, so that they can get it. Don't recommend that for anybody sitting in the audience. Stay away from flu parties. We just had a conference call this morning -- this afternoon, Chief Lavey, Chief Anderson, myself, and Bill Nary were in it and this was with a representative from the White House, as well as the CDC and probably the most alarming thing that came out of that -- and I think it's in the next slide, is that to date 86 -- no, not that slide -- 86 kids -- pediatrics have died this year from H1 N1 and so that's concerning the CDC that so much of our younger population is being severely affected by it. So, a little bit of a difference between that and the regular flu. As far as how this has affected Ada County as of October 17th we know we had 77 confirmed cases in Ada County. Keep in mind, though, that most hospitals, most clinics have quit testing for the H1 N1. They are out of supplies to test for it or they don't have the manpower to keep up and we are seeing that at St. Luke's with what we are working on with them. So, really, we don't know what those total numbers are. We do know that the regular influenza has not hit yet as far as we know, so there is a lot of assumptions being made that anybody with a fever prolonged over three days, with the chills, with the fatigue, that we can classify as flu, most likely has H1 N1 and so the good news is we have made it through all that relatively unscathed here in Ada County. On a national level we have 41 states that have reported widespread flu outbreak. The city's emergency management committee that Chief Anderson mentioned earlier, we began tracking flu related sick time beginning on October 5th. As far as we know right now we are the only city tracking that. I have 0 talked to Boise, I have talked to Ada County, and to date they are not tracking that -- Meridian City Council Workshop October 20, 2009 Page 25 of 65 that employee related sick time pertaining to flu. So, we get reports every Friday from the departments. We put that all into a spreadsheet and, then, we send that out to committee members on Monday, so that we can keep track of that. We do have some departments that are experiencing increased overtime costs due to minimum staffing level requirements, while we have others being forced to reprioritize tasks or assignments due to decreased staffing. I think what's important to keep in mind there is that as we continue to see this build, then, we will see it build some of those jobs on the priority list may get pushed down just a little bit, because we don't have the staff in each department to fulfill those. So, this is an example. This was last week's tracking numbers. You can see we have every city department listed there. We get the sheet, we throw it into the spreadsheet and what's important to note is at the bottom, you know, those are our totals since October 5th. Roughly 39 employees have called in sick and we have had 32 related to flu and we kind of define flu for the departments, so when they area trying to come up with those numbers they can give us accurate numbers. As far as the H1 N1 positive test, you will see only three to date and that's -- again, those are -- those are employees or employee's families that were able to go in and get tested for it. So, we are -- .our assumption is of the 32 that were related to flu, if we are going off the current assumption, we had 32 people exposed to H1 N1 since the regular influenza hasn't hit anywhere in the valley yet. So, what's being done to prepare? Currently the emergency management committee is working on COOP, which is Continuity Of Operations Plans. This is a recommendation from FEMA. We will have those plans in place in case we see a larger outbreak and a significant reduction in workforce. We also, as you can imagine, have had increased communication with our health care partners, the local hospitals, Central District Health, certainly Doug's office and our other 911 response agencies. So, what can employees do? And this Is always a question we get asked, too. First and foremost, if you're sick stay home. Don't bring it to work. The recommendation now out is if you do have a fever wait for 24 hours after the fever has subsided without antipyretics, which is Tylenol, something to break that fever. So, as soon as you can stay home for 24 hours, no fever without the use of medications, you're good to go. The thought there is we don't want you returning if you're still taking a bunch of Tylenol to keep your fever down, because you're still contagious. Wash your hands throughout the day. This is still the best recommendation is soap and water. You notice that there is a bunch of hand sanitizers and everything else on the market. Soap and water is still the best recommendation. Getting immunized. We have had an issue with that and you have probably seen it in the news where the feds were promising all these doses of vaccine and now we know that they are a little bit behind in how much they have. Employees or anybody can go to the Central District Health website to find out when those vaccination clinics are and where they are taking place. And another question that has been asked of me several times, why can't we get one here in Meridian, and, unfortunately, it's one of those things that those vaccinations come from the feds, they ship them off to the health districts and, then, the health districts decide where they are going to set those up. I know the one that I went to was set up on Milwaukee, it was in the big abandoned CompUSA warehouse. So, don't have a whole lot of control over that. The next thing is avoid the rumor mill. Anytime you have an outbreak like this the rumors start flying and it just ® takes one rumor to catch on. So, I have told people go to the CDC website to get their Meridian City Council Workshop October 20, 2009 Page 26 of 65 information or you can go to www.flu.gov and that's got the same information from the CDC. And, then, avoid the scams. There is something interesting I saw on the Central District Health website. They have a section in the lower right-hand comer that says get the latest scam information and it's amazing how many companies out there now are selling products -- you know, fight the flu. We can cure the flu. Flu this, flu that, and they have been determined to be scams, so watch out for those. That's the overview. Fun topic. I know. Any questions? Rountree: Questions for Mark? Hoaglun: Mr. President. Mark, you might share a little bit that, you know, our fire department and police department, but our fire department made up of pretty much young, able bodied young men and women, but -- which that is the target for this -- for this flu, but I believe there are plans in place that if we have -- I mean if people call 911 and want the fire department or police department, you can't call in sick. I mean -- Niemeyer: Right. Hoaglun: -- we got to have someone respond, so -- Niemeyer: Yeah. So, certainly, you know, for us over time is going to become an issue and already has to a certain extent, because of those staffing levels and so as that workforce is reduced through the flu, we have to bring in people to fill those spots. The other thing we are doing as far as our response strategy is working with Ada County Paramedics and the other agencies in the valley that if we have a report of a patient with flu-like symptoms, we are limiting the number of people we initially send into the house. We can get an idea of the call type and the severity and, then, if we need more hands in, we can. Our thought is lessen the exposure as much as you can while still providing the care that the public deserves, so that's in the works as well. Rountree: Further questions? Comments? Thank you, Mark. Your tum. Hardman: Good evening. I'm Doug Hardman, Ada County Emergency Management. Mr. President, Madam Mayor, Members of the Council, I'll go over this real quickly. On what conditions would you declare a disaster and what does it mean? Under Idaho Code Title 46, Militia Military Affairs, Chapter 10, State Disaster Preparedness Act. The definitions, just real quickly, is any occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man made disaster and/or any condition threatening the life, property -- or property, which requires state emergency assistance to supplement local efforts to stabilize. So, certainly, if Meridian ever had an event that you had a significant loss of life, loss of property damage, you would -- that would be an obvious -- an event you would want to declare a disaster. Or if you ever exhausted all of your resources and it's beyond your capability to respond and you need county and state assistance, you would declare a disaster. But there is another thing that a disaster declaration will do for you and I wanted to go over those real quickly, because I think they are important, especially for things like the Meridian City Council Workshop October 20, 2009 Page 27 of 65 H1 N1. It may not be a major loss of life and property, but you may run into significant issues trying to deal with the situation. The first one is a declaration activates any and all applicable local and inter -governmental disaster emergency plans. It provides -- and I think this one's really important. It's provides a limited immunity for emergency actions of public employees and governing bodies and that's under 46-1017 and that one is important and we have actually used that one quite a bit. Within Boise we have had to do evacuations before in the dead of winter, icy roads, severe snow storm, and we are shutting down businesses and moving people and people can get hurt, you can -- it causes a lot of grief and so that was the reason that we declared an emergency for that situation. It authorizes the issuance of orders and regulations to protect life and property. So, you, as the governing board, can establish curfews, suspend public events, ration water, things like that. Another very important one is it eases purchasing and contracting restrictions. So, it removes the requirement for competitive bids. So, if you had to do something to help St. Luke's Meridian, you had to buy a piece of equipment tomorrow and it cost 15,000 dollars and you don't have time to go out for bid, that disaster declaration would cover you for that. And it also allows the jurisdiction to suspend any nonemergency functions and fully commit all of your resources and personnel to a disaster. So, an example is you could shut down your library if you needed to and reassign those people to another task. So, those are other things that are often forgotten about, but they are helpful in emergency. Also that local declaration is your prerequisite for any county, state, or federal assistance. So, those are just some of the things to keep in mind. I'm sure Mr. Nary has got a good handle on all of those. If you decide to declare the -- a declaration can only be signed by the chief elected officials, so that's the Mayor or the chairman of the county commission. It's only good, that declaration, for seven days, except by consent of the governing board of the jurisdiction. So, you could do it, Mayor, for seven days. If you wanted to go say another 30 days, then, you would have to do that by resolution with the Council and maybe we have already done that before. The declaration must be given prompt and general publicity and the declaration must be filed with the county recorder. And that's it in a nutshell. I brought a copy of the statutes, a copy for you and a copy for all. If you have any questions. Rountree: Questions for Doug? Let's just hope we don't have to declare one. Hardman: I might add at the end, I don't know of any city contemplating -- I don't know of any situation or event currently that warrants a disaster declaration. I don't know of any cities in Ada County that's not contemplating a disaster declaration at this time for H1 N1. Thank you. Bird: Thank you, Doug. Rountree: Does that sum it up, chief? Anderson: Yeah. We really just wanted the opportunity to kind of give you guys a heads up about what's happening in the city, what your options are should things get a little bit worse and just be a resource of information for you if you have any questions. Meridian City Council Workshop October 20, 2009 Page 28 of 65 Rountree: I appreciate that information. It seems that the media is doing what the media does best and that's confusing folks and it's nice to know that there are some websites out there where you can get real info. Appreciate that. And thank you for your time. Anderson: You're welcome. D. PLANNING DEPARTMENT 1. Budget Amendment for Idaho Power Rebate for Energy Efficiency for $97,800.00 Rountree: Next item is the planning department and I believe that's going to be Pete. Friedman: Thank you, Mr. President, Madam Mayor, Council Members. My presentation is very brief. This is a budget amendment for the Idaho Power rebate for the energy efficiency check that they wrote us last year as a rebate for our efforts in building this facility to LEED standards and, actually, this is a budget amendment to this year's budget, but it really more effectively should have been a carry over. It didn't carry over automatically, so we need to amend the budget to bring it over. is Rountree: And we are very familiar with those. Bird: We were being frugal. Rountree: Any questions on that budget amendment? I need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the budget amendment for the Idaho Power rebate for energy efficiency for the amount of 97,800 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve the budget amendment for the Idaho Power rebate. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba:, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. 9 2. Fairview Avenue Concept Design Update Meridian City Council Workshop October 20, 2009 Page 29 of 65 Rountree: Next item. Fairview Avenue concept update. Caleb. Hood: Thank you, Mr. President, Madam Mayor, Members of the Council. We had a meeting over at the Ada County Highway District late last week. The policy committee met regarding the Fairview Avenue concept and I'm going to quickly summarize what's gone on recently with that group and the concept as a whole. So, the group's been meeting for a little over two years to discuss the future of Fairview between Orchard and Linder. That's about an eight mile corridor. And so far, to summarize, that policy group hasn't been real impressed with the amount of public that has been engaged or participating in the various means of trying to get the public to participate in this process. I have got some summary there of some of the outreach that has been done, you know, some big numbers, 20,000 people -- 29,000 people were sent mailers. Several thousand people invited to -- to different workshops. And, again, just very little turn out rates for those. Earlier this year a draft access management plan was presented by the consultant that ACHD hired. Again, there was -- the policy committee was a little bit concerned about moving any -- any further towards adoption of that access management plan without fully trying to vet that public participation process. So, throughout this last spring and winter ACHD staff has looked to other communities to see how maybe they have got other communities engaged in something like this. There really isn't anything to cutting edge necessarily with how you get people to come out in droves to these type of events, but the ACHD commission did earlier in June agree to fund an additional brochure and a survey for this project. The project steering committee agreed to that revised scope of work and the Meridian city members of that policy committee just wanted to update the full Council and Mayor, just to make sure that there weren't any concerns with this moving forward with that public Involvement process. Now, we are not talking about the access management plan tonight, we will certainly bring that back before you, but it's just the next step as far as the outreach for the public. So, again, just to summarize kind of what that looks like at least at this point, there will be a mailed brochure to, again, about 29,000 people. So, we are talking a quarter to a half mile back of Fairview Avenue to the property owners along the seven or eight mile long corridor, so sending out a pretty big mailer and, then, a survey that will be either linked to that brochure and/or on the website. Not quite sure that hasn't been all designed yet, but certainly will be accessible on the web as a survey and, then, the brochure will also be accessible through ACHD's website and I'm sure we can work to probably put it on our website, too, so we can get that outreach to the masses. And, then, the draft access management plan, too, will be on the website. So, again, the next step is kind of where that -- that top bullet there, the policy committee -- ACHD is looking to the policy committee to endorse that plan that I just ran through. So, you can see the rest of the -- the next steps, but I think I'll leave it at that and if you have any questions or concerns with the next step or two in the process, anyway, I would be happy to answer. Rountree: Thank you, Caleb. Just to point out that Councilman Bird and Zaremba are our representatives on that group, so they can respond as well if there is any questions. Bird: Mr. President? Meridian City Council Workshop October 20, 2009 Page 30 of 65 0 Rountree: Mr. Bird. Bird: And that's the reason we are bringing this back, so that everybody -- so that you and the Mayor and Councilman Hoaglun are aware of what -- what we have got going. My biggest fear is if we don't get more input out there is -- as we know, Fairview Avenue is so developed in certain areas, because we are talking from Orchard to Linder -- Zaremba: Linder. Bird: -- and there is a few areas in our -- in our section that we can probably -- don't have the development that they do down there and our biggest concern -- my biggest concern is that we don't do anything to hurt the existing businesses, but yet try to get some kind of a traffic flow and access that will help Fairview become a better road to travel. I mean I've traveled that thing for 40 years and it has improved, but it sure isn't good. And that's why -- when we wanted to make sure you guys were up to speed on it and if you had any -- if you didn't agree with it, let us know, so that we could -- we could stop it or we could be against it or whatever. But that's the reason we want to go out and have more public input, I believe. That's my opinion. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: And just to add to that, the point has been made, but the concern on the -- on the committee is that nobody feels they have been sand bagged or can say all of this is done in secret. We aren't discussing the access plan tonight, but we are certain that there will be elements in it that probably includes some medians and maybe some combining of driveways and accesses in businesses and it's the concern of the committee that this not surprise either the public or the elected officials and with Keith and I as your representatives, we want to make sure that you're comfortable that we are going the right direction in making sure that the public does participate in this, so that when the medians do go in, where ever they are going to go, we don't all of a sudden get a -- a great outcry. Rountree: Any questions or comments? Brad. Hoaglun: Just ask -- do some of these businesses -- do they know where the medians might be going in now? Are they aware that that is a potential or -- because it's my experience people don't respond unless they know, oh, that's going to impact me and if it's a concept -- you know, I can understand why people don't and if you tell them, well, this is going to go here and people say, well, that's impacting me, so I don't if that had something to do with it or not, but -- Bird: I don't -- I don't believe any -- you know, is set in right now -- they are not set that I know of and it's a concept and -- and Boise's representatives are very sensitive to their Meridian City Council Workshop October 20, 2009 Page 31 of 65 businesses along there, too, and I don't believe -- the only time I understand that we 10 might get some medians and stuff is -- is for calming and going across. So, whatever they do they would be able -- it would not take businesses out by doing it. Hoaglun: All right. Bird: Did you understand that, David? Zaremba: Yes. And the point is that the -- although the consultant has recommended a draft management access plan, the point of getting the public involved is it's not etched in stone yet, it has some theory to it that the committee is supporting, but we want the public to understand it before -- where ever the medians are going to go we want the public and particularly the business owners along Fairview to understand the reasoning and the science behind whatever evolves and to have been involved in the designs. So, it -- our question now if it will cost ACHD and the group maybe some money to do all of this public involvement and is it -- is it worth getting it done and we believe it is, but we didn't want any of you to be surprised. Rountree: Well, for both of you and I guess Caleb as well, my position is that you need to provide the opportunity and you need to provide as much real information or potential impact to those folks that are there. Certainly, we have all experienced -- we don't get a lot of public input until the survey stakes are in the ground, but the effort is -- is important. My concern about the 29,000 mailings and all the businesses along there, is you probably have a lot of absentee owners and a lot of businesses that are leasing or renting and they are the ones that are going to feel the impact and probably not necessarily be on the mailing list. So, you need to get both. You can't just go to the tax -- the assessor's records and say, well, this person owns this building. Well, they might be who knows where and the tenants never know about it until it -- until there are survey stakes or medians or whatever. So, to me the effort goes beyond just looking at tax registers, you need to -- whomever is hired to do this needs to canvass the area, needs to know who the businesses are and who the managers are and the owners are to make sure that they know something's going on. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I agree with that statement and just a very recent example of that is -- we start getting phone calls regarding enforcement for parking in downtown and so we thought, well, we will create a flier about the parking and about this upcoming master plan and Luke's been going door to door personally handing the fliers to the business owners, which they greatly appreciate, because they had no idea and that's why they weren't part of any public participation. Letters don't do it. You send a letter and it gets set aside and people read it or they read it and they disregarded it, didn't remember it at all. That face-to-face contact and canvassing, as Councilman Rountree suggested, goes a long way to the good will and just that extra effort in trying to make sure that Meridian City Council Workshop October 20, 2009 Page 32 of 65 ® every opportunity is given to be part of -- part of something that would potentially impact their business and this gives them time to be thoughtful about their comments, but also about how to adjust their business plan in moving forward to responding to maybe a median and limited access that they need to resolve. Bird: Mr. President? Rountree: Mr. Bird. Bird: I believe what they have personally at Parametrics or whoever is the consultant, has went face to face and they quite -- they are quite well aware of -- of a lot of those properties is owned by somebody that isn't on the -- on the property that the actual businesses is leasing the building. So, they -- I assure you that they are well aware of they need -- just like Councilman Rountree said, they need to make sure they get a hold of the business, plus the owner, the person that is -- has got the business and 29,000 mailings is quite a few along there, so I think they pretty well got everybody that's involved one way or the other down there, I hope. And I agree with you, if we don't we are asking for trouble. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I know it's cheaper to send little Boy Scouts out going door to door than 29,000 mailers and it probably gets them to the hands of the right people, so -- just -- just my take on it, because we have had personal experience of late and I think that Luke in some regards has the scars to prove it, so -- Hood: Mr. President? Rountree: Caleb. Hood: If I can also just -- I'll follow up and I will definitely take that back to the consultant and ACHD project manager, as Councilman Bird mentioned. That first round they did knock on the business -- the people that were there in the buildings of the businesses to make that face -to -fact contact. I will see how much of that they are doing with this round, because I do think that's the best approach, rather than just sending out a mass mailing, but they can maybe supplement some of that with a knock on the door, too. I did also want to make a comment on Councilman Hoaglun's -- about bringing this home or making it real to them and not just looking like a concept. What's being talked about with this brochure is, basically, taking a mile section of Fairview, one mile section, so you can see businesses, you can relate to it. You may not have the frontage in that one mile, maybe you're the next mile down, or the next mile up, but -- but you can see kind of this concept, because it's -- it's a similar concept throughout the whole corridor, so you can kind of -- I don't want to say you can just plop down the same concept in amile by mile sections, but there is a similar flow to this whole concept. So -- and it will Meridian City Council Workshop October 20, 2009 Page 33 of 65 show stages, too. It's not like overnight all of a sudden Fairview is going to be this grandiose road that looks totally different than it does now. It's going to be several years of implementing and baby steps. So, this brochure will kind of show, you know, hey, this -- it may look like this in five years and it may look like this in 15 years and it may look like this in 25 years. So, it kind of shows that it's not -- your world is not going to be upside down overnight, but you will see some changes over time. So, we will bring that back to you, by the way, and kind of show you, that way you are all aware before this gets sent out and so you can have a chance to look at it before we spend however much -- 44 cents times 29,000 is to send it out to everybody to make sure that we are okay with the message that it's sending for the people that do read it. And while I'm on that point, the next meeting that was talked about by the policy committee, so just to plant the seed, there may be a joint meeting when it comes to adoption of this, with Boise City's council, Meridian City Council, and ACHD commission, that way you can all hear each other, you can have a discussion, and the details have got to be worked out. That would be later -- probably about a year from now, but just to plant that seed, I don't know that it's ever been done before, so definitely the attorneys and clerks will have to be involved in all that, but I think it would be good, because we have run into some problems before where ACHD keeps something and the city does, the city takes something or Boise doesn't do something quite the same, so we can all be in the same room anyways when the discussion -- kind of this last bullet point on here comes up for potential adoption, so -- Rountree: Good concept. Any further questions? Discussion? Thank you, Caleb. Appreciate the info. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Before we move on, I think we all were handed a declaration of the city regarding the St. Luke's assistance, which probably belonged in the Fire Department report. Are we supposed to act on this? Nary: No. De Weerd: Mr. President? Rountree: Just --just information. Zaremba: All right. Thank you. De Weerd: Yeah. That's just information in case something -- Zaremba: In case it does have to happen. De Weerd: -- needs to be declared and that would follow a declaration from the county. Meridian City Council Workshop October 20, 2009 Page 34 of 65 0 Zaremba: Okay. Thank you. E. POLICE DEPARTMENT/PARKS DEPARTMENT 1. Dog Park Update Rountree: Next item. Jeff and Steve. Update on the dog park. Lavey: Mr. President, Madam Mayor, Council, during the final preparation for the dog park several months ago -- I don't recall the exact date, I met with the Parks Department staff and we decided that we would let the parks -- the dog park go for about four to five months and, then, get back together and discuss the goods and the bads and, then, bring them to Council. I'm happy to report that about three or four weeks ago we did have the opportunity to meet both my staff and the Parks Department staff. Councilman Zaremba was there, because he has the pleasure of serving as the liaison for both the Parks Department and the Police Department, which made it convenient. During that time we discussed the fact that it's been an overwhelming success, beyond anything that -- that we thought we would encounter and that's been witnessed by several people as they have seen the popularity at night time. I can tell you that during the early morning hours before it got real hot out this summer it was just as popular. But I'm also here to talk about some of the -- some of the minor things that we have incurred and, ® then, some of the -- a couple of more important things. You know, part of it, the fact that it's located next to the police department, police officers hate change I think has been part of it, but it -- it has involved frisbees and balls and other toys coming across the fence and bouncing off the patrol cars and I think the officers were okay with that until it started bouncing off their personal vehicles and, then, we got to the point where everybody was parking their personal vehicles on the east side of the building, instead of the west side of the building, and, then, we had a parking dispute within the building, because nobody wanted to park on that side of the building. I believe that's mostly taken care of. You know, the other issue is that we would -- at nighttime we get knocks on the door as far as, hey, can I retrieve my ball, can I retrieve my frisbee and the officers will be in the middle of writing a report and they have to go out and retrieve the ball and one time is not that big a deal, but this would occur five to seven times an evening and we accommodated that and accepted that and, then, it got to the point when it started raining out and people were utilizing the park and their dogs were getting muddy and they thought that that was something that we -- should be brought to our attention and they were complaining to us about the -- their dogs being muddy and we offered a simple solution, don't take your dog out there when it's wet, but that -- that's to the parks department as far as the care of the park grounds. And, then, it led us to two other areas and one of them was when we originally put the plan in place we talked about the fact that the park was -- or the grass area was -- was originally used by the police department K -9s for training purposes and that -- that would still be allowed when the dog park was put in place and one of the rules say that we have the authority -- I have the authority to actually close the park down to participate in that sort of training and we tried that and it -- it got a lot of complaints and it got to the point where it wasn't Meridian City Council Workshop October 20, 2009 Page 35 of 65 worth us closing the park down, so, essentially, the police department was evicted from their own -- from their own territory. Or at least that's how we saw it. And, then, the other thing that was probably even more important is that we started noticing that there was a lot of damage being done to the grass and diligently the Parks Department were trying to overcome that. We had complaints as far as little dogs being -- climbing underneath the holes that the big dogs had dug. Grass not growing, too much water on the grass, and everything else and I have to tell you that Elroy and Steve have racked their brains for the last several months trying to come up with that balance. I don't know if he's over there shaking his head, smiling. I can feel that. And it got to the point where we had this big old hole in the center of the grass that we couldn't get grass to grow. It was so well used the grass wouldn't grow and so we ended up dumping a bunch of sand in there, so now we have got this sand pit ready for golf right in the middle of the dog park and so -- De Weerd: And, then, cats came; right? Lavey: Not a safe place for cats to be. And so what we did is -- instead of just complaining about this thing when we got the Parks Department and the Police Department together, we said how can we deal with this on the short-term basis and how can we deal with this on a long-term basis and that's kind of why we are today is we discussed closing the park certain hours a day, certain days of the week, other things to allow the grass to rejuvenate. One of the things that I never thought about is when the winter months come we are really going to get hit. If we are struggling right now, we are going to have a major problem this winter and all it's going to do is bring lots and lots of complaints. So, we discussed that. We also discussed future dog parks in the city and I can tell you that as we explore building new parks, that we need to at least ask do we put a dog park in that. We have a need, both on the north side of the interstate and the south side of the interstate and so that led into some long-term discussions as well. So, I am going to tum this over to Steve to cover those areas that we discussed and, then, in addition, any -- any additional areas that he feels that we need to talk about and, then, both of us will be open for questions. Thank you. Siddoway: Jeffs covered a lot already, but from my perspective the -- the park is a victim of its own success. It really is popular. For those of you that were able to go on the -- the park tour and for anyone who has been out there recently, you have seen the -- the sand area in the center that Jeff mentioned. And that's during the -- the time of year when the grass is actively growing. We are now entering the season where the grass is going dormant and is much less resilient to high traffic. So, we were looking -- I -- our belief is that in the short-term we do need to close the dog park for certain days a week. It has its highest used on the weekends and so we were looking -- what our plan is to do is to have it open to the public Friday, Saturday, Sunday, Monday, closed in the -- but accessible to the police department for their training Tuesday, Wednesday, Thursday. And that's going to create some -- some difficulties, because it is -- 9 Bird: You can stand at the gate and keep them out. Meridian City Council Workshop October 20, 2009 Page 36 of 65 Siddoway: So, that, then, led to -- well -- so, that's our -- that is what we propose, regardless of what happens short term or long term, as something we need to do now we feel and would like your feedback on. I have directed my staff to install a sign this week that would announce those new -- you know, the dates and times they are open and closed, with the intent of beginning the first closure a week from today on Tuesday. Long term I think we have some ready made solutions for additional dog parks, with the Borup property, with the 77 acres we purchased on the south, but none of those help the current situation. We have been brainstorming how could we help the current situation. It seems like the -- the lowest hanging fruit, if you will, for conversion to or adding a dog park, is on the Jabil property. We currently use that area for soccer. I did just get today a cost estimate and we don't need to act on this tonight, but I would like some feedback as to whether this is an avenue worth pursuing. To convert the Jabil site into a dog park -- we already have parking. We already have water stubbed at least into the parking lot. There is fencing on one side. So, we would need to add a service line and two drinking fountains. We have -- if we were to convert this area, we would propose doing it with a division down the middle, one for large dogs, one for small dogs, because that is a current conflict we have at the existing dog park. So, it would be one drinking fountain for each side. The chain link fencing, trash receptacles, picnic tables, signage -- we can get all that done for 45,400 dollars would be the costs to do that. So, that is a potential mid range solution that we can explore further over the winter, but regardless of whether we do that or not, we do see the need to protect the existing area, both for the Police Department and if we don't do something over this winter, by next spring it will be just mud, so -- Rountree: Comments? Guidance? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Just -- to add to the discussion, it -- since it has been open to the public, it still needs to service both purposes. It has to be available when the police need to train their K -9s and it also needs to be available when it's maintained. One of the things that came up in the discussion was that when people go out to mow it -- well, there is two things. The soil is not good, which is why the grass is not going so well, but when people come out to maintain it with the mowers, there is a conflict between the mowers and the dog owners that are out there. The dog owners don't want the mowers to run while they are there and the mowers don't necessarily want to run between a bunch of dogs and so there is never a time when it can be maintained. I took the attitude that what would be uncomfortable would be to have the public just arrive and be surprised that it was closed. If we can establish -- and I think this is a good process to say it's open four days a week, but it's closed Tuesday, Wednesday, and Thursday for maintenance and K-9 training, and the public becomes familiar with that schedule and are not surprised by arriving and finding it closed, I think the public can do it and would accept that. I'm sure we need to be prepared for some phone calls, but the explanation that it needs to be maintained and still used by the Police Department sells it for me. As Meridian City Council Workshop October 20, 2009 Page 37 of 65 long as the public hours are predictable and the closed hours are predictable and the signs are posted. So, I'm in favor of what is happening. And, then, the next step, of course, is we have now proven that it's successful, let's find more of them. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I certainly support it and will take the fall if -- if it's unpopular, but I do believe that maybe that doggy bone that you can put out there is putting together a focus group, a group of interested dog owners that can advise as to where the possibilities exist for another dog facility, can maybe help in fundraising or being part of the solution and trying to find alternatives. It is one way to engage and it -- you never know what comes out of a think group like that, that might come up with something that we haven't thought of. Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: What is the current -- the size of that? I got a picture -- mentally a picture, because I have been there, but what is the size of that? • Siddoway: It's less than an acre. It's -- I don't know if it's .5 or .8 or .6, but its somewhere between a half an acre -- probably closer to a half acre than an acre. Hoaglun: And the Jabil property, those fields are -- that's a couple acres, isn't it? I mean -- Siddoway: More than that. Yeah. It's -- Hoaglun: It's big. Siddoway: That would be five -- Hoaglun: Five. Siddoway: So, it would give much more room to spread out and absorb wear and tear. Hoaglun: Yeah. I mean that's one thing you need, because if you're going to get the same usage -- if you have the same number of dogs and you just put it to a fewer days of the week, you might have some reduction, because people -- you get too many dogs in the same -- same spot, you know, are you really helping that much during the wintertime, you're still going to have that wear and tear. The larger property would -- would allow that. It's almost like horse and cow, you could almost set up different -- you do the grazing rotation, as you do with cows, but you do it for dogs and let one area Meridian City Council Workshop October 20, 2009 Page 38 of 65 recover while you move them to the next one, but if you have the space, but during the summertime that's -- those fields are going to be utilized, so that's not doable there, but during the wintertime that might be an option. Is there -- the development of the Jabil you said was 45,000 dollars and that was for water, for the dogs, for people, for both? I mean what -- what were you looking at, the details of those costs? Siddoway: Probably a one inch meter and service line from the parking lot to the edge of the turf is about 5,400 dollars. Installing two drinking fountains for both people and dogs, like the one we have installed out at the -- the police department site. Their water lines, a concrete pad and drainage would be 7,000 dollars. The chain link fencing is the main cost, with the gates and, then, the separated fencing for small dogs, large dogs, 23,000. We have looked at doing those, it's just air driven posts, rather than concrete set, except for at the comers, so that we know that there will be a day where we will lose that site and so we are also thinking about improvements and not wanting to lose them, so we would try and install that fencing in a way that we could reuse it if we did lost that. And, then, trash recepticles, picnic tables, and signage are 10,000. Hoaglun: Okay. Thanks. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: We also talked -- and, Pete, maybe planning can keep an eye on this -- dog parks don't necessarily need to be in neighborhoods, you know, we do get some of our developments that come in, they have a piece of ground that is a conundrum of what do I do with it, and I think that's what Nampa did is they took a -- probably a -- a less desirable piece of property to develop into a dog park. So, be on the lookout for opportunities that present themselves that would be conducive to this kind of an open space use. Friedman: Sort of the -- like kind of the left over pieces that when they get done carving them up and, then, they plat them out as common lots that they don't really improve for recreation or anything like that, they are there, they are green, they are -- most likely they probably are informal dog parks right now, so -- De Weerd: Well -- and often we say, well, if it's not a particular size we are not interested in it as a city owned open space area, but there might be something that would be very friendly and very -- a good piece for that kind of park. Friedman: Okay. Certainly keep that in mind. Hoaglun: Mr. President, the last question I forgot to ask this of Steve real quick. Have you guys -- did you guys do surveys earlier this year of where the dogs are coming from in terms of location of the city, how -- average numbers during the day, or what day -- Meridian City Council Workshop October 20, 2009 Page 39 of 65 you noted there are some days that are higher usage, of course, weekends. But has there been any head counts of dogs and people, whatever? Siddoway: Not done a survey -- Hoaglun: Okay. Siddoway: -- to determine where they are coming from. The survey that we did was the year before just looking at needs in the community and the need for a dog park was one issue that came out of that and was the reason we started pursuing it, but the same survey as to the need for Frisbee golf, for example, came out, but -- but in terms of doing an origin destination survey, we have not. Hoaglun: Okay. Thank you. Lavey: Mr. President? Just to add two things to what Councilman Hoaglun has said and just to point out -- and I'm not proposing this, but the dog park in Nampa is 200 acres and the dog park in Boise is seven acres. De Weerd: Two hundred acres? Lavey: Two hundred acres. • Siddoway: Which one? Lavey: It's Nampa. Siddoway: The one I know about in Nampa is -- Lavey: The very large one. Siddoway: Okay. The one near Kings Crossing I know is between six and seven acres. Lavey: Okay. Well, there is other dog parks that are around that. They are very large, so just to give you an idea. And, then, the -- the answer to your question as far as where they are coming from, I can give you some -- this is not going to make you happy, but I can give you some information. We have had people from Oregon. We have had motorhomes that have come up and opened their awning up and stretched out and made a picnic of it and ran their dogs. We have had people from Nampa come, we have had people from Boise come, because it's -- it's quicker to get to Meridian than it is to get to the military reserve out in Boise. De Weerd: Are you running plates? 0 Lavey: We talk to a lot of people. Yes. Meridian City Council Workshop October 20, 2009 Page 40 of 65 0 Rountree: You aren't profiling, are you? Lavey: And that would be improper to use the computer to do that. No. We have actually just talked to the people and ask them where they come from and the reason why we know someone came from Boise, because some of them have been Boise police officers that have come over there, so -- which we recognize. Give you an idea that it is popular and that more people than just Meridian are using it and so -- and that happens with all of our parks. It's coming to Meridian, we like that, we just wish we had more to offer to them. Rountree: I'll weigh in on this discussion. I think our first order of business is public safety and welfare and I don't think in any way should the K-9 training be compromised by the park activity. So, they have got the first preference and they have got the ability to close that park to -- to conduct their business. That's what it was purchased for and that's what it was developed for. We have run the experiment and it's been more than successful, so I think we need to look at the budget and look at opportunities to fully develop whether it's Jabil or some other site, as that kind of facility, so you can do the turf management that's necessary. I don't know if there is availability of artificial turfs that might be better and in the long term minimize the amount of turf conditioning that you're going to have to do. Either that or you're going to need a fairly sizable piece of property or you're going to continue with the same issues you have got on that small piece with turf just not being able to withstand the impact of the number of critters that are out there. But I think what you're proposing in terms of closure is the right thing to do. I think the notification might be a little short, you might think about getting it up as soon as and giving it maybe a little more time. You're always going to have somebody that didn't know, but I think -- I think you're going to have to do it or we won't have a facility for training the K -9s. Siddoway: Jeff informed me that the sign went up today. Rountree: Okay. Great. Siddoway: I did notify staff yesterday to put it up this week, so they got right on it it sounds like. Rountree: Great. Siddoway: So, the sign is up and it currently shows the date of next Tuesday or we would give it two weeks if you're more comfortable with a couple weeks than one, but -- we are planning on one week. Rountree: Okay. Lavey: Mr. President, I actually noticed yesterday that the sign placement was up. There is no notification on it. I noticed it was up yesterday. And, then, I went by this • morning and I noticed that it was already displayed and I said, well, that's a little Meridian City Council Workshop October 20, 2009 Page 41 of 65 premature, since we are meeting tonight, so, hopefully, you didn't change your mind. But on that note it has been posted for a full 12 to 14 hours and we have not received one complaint yet, so that's -- that's -- Rountree: That's good. Lavey: -- reassuring. And, then, to answer the question as far as how we can keep people out of there while it is closed, is that it is lockable. It's designed to the point where we can actually lock the gate, because when we actually train police dogs in there we lock all public access, so we don't have that unfortunate incident where someone thinks that they can come and bring a dog in there when we actually have police working dogs in there. So, it is lockable. They could jump the fence, but I don't see the -- the need being that strong that they would jump the fence. De Weerd: Jump the fence and have their dog jump it, too. Lavey: Well, the dog could probably make it, but most people probably couldn't. Rountree: Very good. Thank you. Any other questions? Discussion? Zaremba: I -- Mr. President, if I may, I'd just comment that I'm thrilled whenever our departments work together and this is one of those cases where the -- the beginning of ® the park was a working together and finding that there is some difficulties has been worked out together and I just appreciate the work that is done by our directors and all of employees in working inter -departmentally for the good of everybody. Lavey: Thank you. 2. Use of Metal Detectors in City Parks and Facilities Proposed MPR Department Policy and Draft Agreement for Permitting Rountree: Good job. Steve, the next one. Metal detectors. Siddoway: Metal detecting in parks. Mr. President, Madam Mayor, Members of the Council, you should have received in your packets three items. The first is a proposed memorandum of understanding and agreement between the Con's Wampum Hut and Meridian's -- Meridian parks. The second is a proposed administrative policy regarding the use of metal detectors in city parks. And the third is a copy of the city of Boise's agreement with the same organization Conn's Wampum Hut. Some background. Last spring I was -- or just this past spring I was approached by a couple of metal detecting enthusiasts with desire to engage in metal detecting activities in the parks. My understanding is there has currently been an unwritten and semi -enforced policy of prohibiting metal detecting within our parks. We, then, got them connected with -- that group with our parks subcommittee, our community liaison committee, and that committee was made up of Tom LeClaire, Steven Yearsley, who you met earlier tonight, Meridian City Council Workshop October 20, 2009 Page 42 of 65 and they researched the -- this issue of metal detecting, looked into how Boise parks and rec approaches it. Over the summer that committee learned that the city of Boise has an existing MOU with a metal detecting shop in Garden City called Conn's Wampum Hut. Their MOU has three -- or our MOU has three basic components or -- I'm sorry, Boise's does. The first is that Conn's teaches classes about etiquette, proper techniques, laws and regulations applicable to metal detecting. Second is that they administer the test for the people who wish to metal detect. And, third, they administer the permit process. In exchange for those services on behalf of the city of Boise, they collect a ten dollar fee from each permitee. There is no cost to the city. I'll mention when I first heard the idea I had two main concerns. One, I don't want like my irrigation facilities and things -- I don't want people digging in parks with shovels and things. Second, I didn't want to take on an administrative permitting process where we have to educate people and take it on. The solution that they found works very well in taking those issues away. This fall that committee worked with the legal department -- Emily Kane specifically -- to draft a similar MOU for the City of Meridian, as well as the administrative policy and, then, just last week on October 14th that -- those policies went to the parks and rec commission. The commission voted to recommend that City Council approve the administrative policy as proposed and approve the execution of the MOU with Conn's as proposed. If the Council likes the direction and agrees to move forward, the next steps in this process in the short term would be for us to bring forward a resolution adopting the administrative policy and bring the MOU back for the Mayor's signature after Conn's has signed it. In the long term our plan is to ask Council to codify the metal detecting rules established under the policy in the Meridian parks code. We currently have a large scale effort underway to rewrite that parks code and we hope to bring that through the commission to the City Council over the next several months. With that I will open it up for discussion and questions. Rountree: Questions? Mr. Hoaglun. Hoaglun: I understand that the city of Boise has had this in place for quite some years and I understand the need to protect our asset, which is our parks, as we were discussing previously about our dog park. I understand the city of Nampa has a lifetime permit and there is no test required. Did parks look at that and how that works for the city of Nampa? Siddoway: Not in as much detail as they looked at Boise's. The organizations we were talking with did say that Nampa has a permitting process, but I'm not as familiar with theirs. I did not know it was lifetime. Hoaglun: And, then, to segue into what we are considering for the City of Meridian, there would be renewal each year of this permit and what would be the purpose of the renewal -- if they take a test, they pass, they get a permit, then, the renewal -- they don't have to get it -- do another test, of course, because once you know those procedures they are done, what's the purpose of a renewal? Ll Meridian City Council Workshop October 20, 2009 Page 43 of 65 Zaremba: Mr. President? My thought on that was that it was a way to weed out people about whom there might have been complaints, that if you come in for a renewal and your name's on a list you might not get the renewal, although if there were a way to take it away from somebody if there was a complaint, the lifetime one might be good. And I might comment on a couple of other things. A couple other things that look good to me about the direction this is going is even though this is a business that is located in Boise, one of the elements is that it apparently is a focal point for the people that do this kind of thing and, therefore, they already know about this business and where to go to get their license. The other thing is there was also a clause in there that said it's not exclusive and the reason that's important to me is that if there were some Meridian business that sells metal detectors and wanted to also be able to issue the licenses, there is nothing in this agreement that precludes the same agreement being made with a Meridian business and I thought that was good. Rountree: I have got a couple concerns and I'm right now not at all favorable. It seems to me we are creating an enforcement nightmare and, Scott, I'm not sure you guys want to be out there checking permits, because once somebody sees somebody out in the park with a metal detector, it's Katie bar the door. Everybody's going to do it and who is going to enforce it? And if you get to that point what's the point of having another layer of bureaucracy, the government. So, it seems to me if we are going to allow metal detectors in the parks we allow metal detectors in the parks or we don't or we hire another enforcement -- code enforcement person to -- to go city wide. The way this thing reads, it's all city owned parks. And you got a neighbor that says there is somebody out there and I have got one of these in the garage and haven't used it in ten years, but if there is somebody out there using it, I'm going to go use mine. To me it's just -- I'd just as soon say go ahead and use your metal detectors in the park as try to create yet another level of enforcement that we got to pay for. Ten bucks a permit isn't going to pay for it. Siddoway: Isn't going to pay for what? Rountree: The enforcement activity. And your folks aren't going to be able to enforce it, because they can't issue tickets or citations. Siddoway: They could go up and just ask if they have a permit and if they -- if they don't, we can refer them to where to get one. We do have some people who -- because it's not overly enforced right now, because there is not a written ordinance or policy against it, but it's kind of been the rule, if you will, that there are those that have been metal detecting and we have not had -- we haven't had many issues that -- with those who do it. I guess that could be an argument for just allowing it and not having a permit, but by openly encouraging it, we did fear people, you know, that aren't trained, you know, to start detecting and start digging up, you know, irrigation facilities, things like that. I* Rountree: Then tie the training to your parks and rec program. Meridian City Council Workshop October 20, 2009 Page 44 of 65 Hoaglun: Mr. President, it is a recreational activity. It gets them outdoors and using the parks. Rountree: I just can't go for yet another bureaucracy and another bunch of stuff that we have got to enforce -- we can't even enforce the code violations we have got now on some fairly significant issues, let alone just adding another burden on -- on your staff and the police department. If the unwritten rule is that you don't allow it in the parks and your folks can get that enforced by just letting folks know when they show up that, no, you're not -- that's not an activity we condone, it's done. I mean that's where I am right now, Steve. I'm not for it at all. De Weerd: I wish you would tell us what you thought. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I wonder if an alternate would be to prepare some signage that says what the rules of -- we don't have a layer of bureaucracy and we don't have a license, but we have signage in each park that says what the rules are if you use a metal detector, which is do no damage and, you know, repair your divots and -- I don't know if that would work or not. • Bird: That don't happen. Zaremba: That doesn't help? Okay. Bird: Mr. President? Rountree: Mr. Bird. Bird: I agree wholeheartedly with you. We — at the speedway when our parking lot was grass, every Sunday morning you would have five or six people out there with metal detectors and I will tell you what, it looked like the gophers had arrived when you got done. And you can have all the rules you want, but all it takes is one or two people -- and 90 percent of the people do it right, but that ten percent causes your problem and, then, your parks department people are going to be working -- they work hard enough to keep the parks maintained as it is now. Siddoway: Exactly. Bird: And, then, you start getting a bunch of gopher holes around there and that's what they do, I'm telling you, that's what they do. Siddoway: Same concern. And I saw the permit as a way to -- I* Meridian City Council Workshop October 20, 2009 Page 45 of 65 Bird: I'm for leaving it like it is and forgetting about it. Siddoway: Yeah. Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: Add more into this than -- I have seen people out at Heroes Park, went by a Saturday, big soccer games going on all day and Sunday afternoon drove by and there was one or -- maybe it was two people, I can't remember if the other one had a metal detector or if they were just walking with that person -- out there probably looking for pocket change on the surface, so I'm trying to think, well, how deep is that going, you know, I mean if someone gets change out of their pocket, they are not going to be digging, we don't have any Civil War sites or anything of any depth or value that they are out there just looking for pocket change, is that going to harm our parks, number one? Do you do something, a class, as Council President recommended? It's an outdoor activity, it gets them to use the parks, at the same time you do want to protect the asset, you don't want to have divots. They aren't going to be in the dog park doing this, because they are not going to find anything, but -- stuff they don't want to. Rountree: They might. Hoaglun: You know, so I guess as parks and recreation, where is that line? Is it an activity that you want on the parks and, if so, then, how do you educate people and if you don't, then, you're going to have to tell people no and be ready to enforce that, too. So, I guess, you know, the parks commission probably thought they were hitting upon something that worked for everybody, but maybe not. So -- Siddoway: Yeah. Clearly did think we were. It sounds like it's not. But it has been working for Boise quite well as we have talked with them. Another option playing off of the suggestions I'm hearing from the Council would be to simply allow metal detecting, see how it goes, talk with these folks about being a provider of a class in our -- as part of our recreation program, but, then, it would just be voluntary for those that were interested in it as an activity. The thing I like about the permit is that it came with the training, so that people who were -- were wanting to do it we knew had the training and if we saw someone metal detecting, which there is not tons of people, but we could simply, you know -- they have to display their permits, if they don't have it we could refer them to where to get one. It sounds like that's not the direction the Council would feel comfortable with. Bird: Steve, I can also -- or Mr. President? I can also see a problem if I'm sitting there in a subdivision next to a deal and I see some guy out there from Boise or Timbuktu in my park and -- and they want me to pay ten dollars to take mine out there and I pay taxes every year, I think we are asking for a can of worms myself period. Leave it like it is. Meridian City Council Workshop October 20, 2009 Page 46 of 65 . Siddoway: So, are there any concerns with -- with simply opening up to allowing metal detecting and just trying -- trying that route? Hoaglun: Mr. President and Steve, I guess is there a problem right now? Are we having concerns at Settlers or Heroes or where ever that there is damage being done? That's my first question. If there is not damage being done, do we just continue on to monitor that, okay, we know it's going on and, then, if we start seeing higher incidents in that -- and it looks like damage is being done, then, we are going to -- we are at that decision point of we either not do it or do something else. Siddoway: Yeah. The answer to your question is, by metal detectors. We are enforcing the please whenever we have -- you know, we see someone -- Hoaglun: So, that is a policy? Siddoway: What's that? Hoaglun: So, we do have a policy? no, we have not had damage done do not metal detect in our parks Siddoway: Yeah. Like I say, it's unwritten and there is a growing desire -- we keep getting contacted from people who have asked not to that want to and ask could we do something like Boise does that would permit it. So, that was the impetus for that direction. But we could simply open it up and see how -- how it goes. We have not had damage currently. Rountree: Steve, I see this as a solution looking for a problem and just keep -- from my perspective -- and it's a Council decision, obviously, if they want to provide other direction -- just maintain status quo. Don't open it up, don't change the unwritten policy. I mean our -- you have got a turf management program to maintain those parks, you guys got enough work without having to enforce and without having to -- Siddoway: Agreed. Let me just offer, if I might, that -- the ones that are being penalized by the status quo is the organized groups who are trying to go by the rules. You know, the people who are just going out on their own will generally get to -- I mean we don't see those people a lot of the times. These organized clubs that would like to do it, they do track the rules and they do try and go by them, so these groups that are organized and are -- do follow the rules, have been staying out and they are asking us can we, please, come in and we have been saying hold off while we try and work on a policy. Zaremba: Mr. President, I think I would be uncomfortable leaving it as an unwritten policy. I'm -- I can see the reason both ways and I'm not a metal detector myself, so I can't claim that that's an activity that I would be interested in, but I -- if we are going to decide that it shouldn't happen, I think we should have an official written policy that it's • not acceptable. Meridian City Council Workshop October 20, 2009 Page 47 of 65 0 Siddoway: Yeah. We need to probably determine one way or the other. Zaremba: Yeah. Siddoway: And, honestly, I have been -- my impetus over the summer has been to try and find a way to accommodate it. Hoaglun: And just to continue the discussion on this, because we are trying to figure out what to do, you know, I look at, okay, who are the participants in this, they are organized groups, they are individuals, my guess is -- I have nothing to back this up, but they probably tend to be in the older age groups, as opposed to younger, but I'm sure there is young -- younger people who do it. You know, we offer lots of recreation programs for the younger set, you know, we do that volleyballs and basketballs and hockeys and soccers and everything else. Is this an activity that we are taking an age group out of doing when they could benefit from it if they know how to do -- I guess my thinking is if it's not doing harm, I'd like to allow people to do it. To me, let them go out there, find that pocket change, and kill a couple hours and do it if they are not doing damage. If it looks like it will be a problem and we'd have to do something, I don't like the bureaucracy, but you don't -- you know, I don't want damage done to the parks. So, that's -- I can see where the parks and recs commission desire if we are going to do this, we want it done right. So, that's -- that's my dilemma there is I'd like to see people go out there on a Sunday afternoon and pick up the pocket change and enjoy -- enjoy the afternoon doing their thing. But we do have to protect that asset if that becomes a problem, so that's my thinking on it. Absolutely no help to you, was it? Rountree: You got three, can you figure out how to get them in the middle. De Weerd: Who knew this was going to be a 30 minute discussion. Siddoway: I'm not sure what to do. I would — Rountree: Steve, I think my area of concern, again, is enforcement. You know, we create these ordinances and we create these things and it all boils down to enforcement. To me, this proposal has had no thinking in that regard. So, if the parks commission wants to think about, you know, does it really make sense what we are doing and if you get a lot of people that are excited about doing this that aren't licensed, how is that going to be handled. You know, it -- it's an issue with other things we have got going in the city. Siddoway: Yeah. So, let me take -- let me take that advice and I will go back and specifically look at enforcement and report back. All right? Thank you. Rountree: Thanks. �J Meridian City Council Workshop October 20, 2009 Page 48 of 65 Hoaglun: Thanks for sticking through this, Steve, and I hope we -- you can sort through this. F. LEGAL DEPARTMENT 1. Commission Ordinance Update 2. Draft Alcohol Server Training Ordinance 3. Discussion on Identity Theft Prevention Program Resolution 4. Bittercreek Meadows Time Extension Rountree: Now, Bill, it's your tum. Nary: I was going to have the chair of the youth council come and give my report, since he did pretty well before. Something about that kid I really like. Rountree: Uh-huh. Bird: You're not the only one, buddy. Nary: There is two citizens here for two of the items that we have and if the Council and Mayor wouldn't mind, I'd like to take their items first. Both of them won't be very long I don't believe and the other ones might take a tiny bit longer to discuss and so if you wouldn't mind if we could take this out of order. The first one I'd like to talk about is the alcohol server training ordinance. You recall I'm sure, Council, we talked about this awhile back in creating a program to require training for servers within the city for alcohol. Mrs. Serts -- Mrs. Serts is here, she had contacted the clerk's office and would like to have some opportunity to discuss the proposal with my staff and with -- we actually formed just an internal group between police, the clerk's office and my staff to to try come up with a setup of an ordinance that would be more enforceable, that would make sense, be practical, and also follow the direction you had -- had given, which was to, again, provide training. Mrs. Serts is a trainer and does do training, is a licensee, so she has a lot of experience in the area, so I'd like to have the opportunity for her to have that discussion with my staff before we go much further. I think -- we have tried to follow the Boise ordinance, we have tried to follow the situation as it's currently set up and Mrs. Serts I think just needs some time to have the discussion with my staff or with our team, so that we can have -- make sure whatever issues she may have or if she had some insight to the concerns that might be out there in the licensing community, which is one one of the concerns we had as a group was how to really get this information out. Now, our plan was to make sure we notified licensees in the renewal process, which doesn't occur until next spring, so if we could get the -- the ordinance in place this fall, then, we would be all set up to provide adequate notice to people, give them time. Our intent was to give a longer start up period to the ordinance's Meridian City Council Workshop October 20, 2009 Page 49 of 65 effectiveness, so that people would have time again to implement this type of training, but if the Mayor and Council doesn't mind, I'm going to simply ask that we continue this matter, we will set up a meeting with Mrs. Serts, we will try to make sure we get her concerns and if we need some feedback from the licensing communities, I think Mrs. Serts can help us do that. So, if you don't mind, if that's adequate to you, Mrs. Serts -- okay. And I think I have your information in the clerks office, so we can get that -- oh, great. Perfect. So, I don't think we need to do much else with that. You have, I think, a memo from Mrs. Kane and the proposed ordinance and we will work on this some more with Mrs. Serts and see where else we go with that, so that was all I wanted on that one. Nary: The other one that we wanted to talk about was Mr. Jewett is here on the Bittercreek Meadows agreement and this is a request for a time extension. Mr. Barry can provide any other additional input you want, but based on this Bittercreek Meadows agreement, which we signed last year, one of the requirements was the completion of the sewer line, is that right, Tom? I don't -- Barry: Yes, sir. Sewer and water line. Nary: Sewer line -- there is sewer line that is part of this agreement, there are water lines that are associated with it. There is a water booster station that's associated with this project and there is also a lift station that's associated with this project. A portion of that -- De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I was waiting for him to breathe. Nary: Sorry. De Weerd: But I just wanted to thank Mrs. Serts for sitting through our -- our meeting and your interest in being involved. So, thank you. I just appreciate your sitting through this meeting and your interest in being involved and giving feedback to our staff. So, we appreciate that. But, Mr. Nary said you did have a comment, but we do appreciate you joining us here tonight. Thank you. Nary: Lieutenant Colaianni had the clock on me on those time limits. I was trying to make sure to get through this as quickly as I could. De Weerd: He probably didn't know that you had breathed either -- Nary: True. 0 De Weerd: -- and moved on to the next topic. Meridian City Council Workshop October 20, 2009 Page 50 of 65 Nary: Thank you. The request I think that we have in front is in regards to the sewer line portion of the project, is that correct, Tom? Barry: Actually, Mr. Nary, it would be for the entire agreement. Nary: Oh. Okay. Barry: So, water lines, sewer lines, and the sewer lift station. Nary: Okay. And I think the request was to extend it to March 31 st of 2010. Barry: That is correct. There has been several reasons, Mr. President, Madam Mayor, Members of the Council, for the delays in this project and those reasons are not few and far between. They are with a lot of different jurisdictions, with contracting, with bidding, with a variety of different things that we don't necessarily need to go into. However, the reality of the situation is that the project as conceived back in March of last year will not be able to be completed in time of the December 31st date that is in the original agreement. Mr. Jewett and my staff have been working closely on this project and Public Works' recommendation is to allow Mr. Jewett an extension of the complete agreement and project through March 31st of 2010. However, it's also my recommendation that you consider tying the booster station at the South Ridge property with JLJ Enterprises to this agreement, so that we have closure on that issue with regard to making live the water line that is being constructed and will ultimately serve the Bittercreek Meadows Subdivision. I think that's essentially it. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: Does -- would this also address some of the quality or inspection opportunities for the city to -- is that a question I can ask? Rountree: Yes. Barry: Yes, Madam Mayor, you may ask the question. The agreement itself would not be inclusive of any contractor related quality assurance issues. Those are separate issues we are working on. This would be modification of the original agreement -- well, actually, it's a modified agreement, because we had to modify it in May of last year. That simply would allow for the extension of the completion date to March 31 st and my recommendation is to add to that in addendum form or whatnot, a requirement for satisfactorily meeting the water needs of the water line being constructed with the South Ridge booster station or well site. So, what we -- Mr. Nary and myself are seeking is the Council's direction to work with Mr. Jewett to craft an agreement that we can bring back to you that's reflective of those modifications and, then, run that through the vetting Meridian City Council Workshop October 20, 2009 Page 51 of 65 process and hopefully have an opportunity for you to make a decision on that sometime in the very near future. De Weerd: Just a follow up, Mr. President. Rountree: Madam Mayor. De Weerd: Could that agreement not -- I mean I know Mr. Jewett is working with our staff to try and answer some of the unanticipated issues, but as we add to that we certainly want to address that those lines are in the condition that the city approves of. Bary: Yes, Madam Mayor, we can strengthen language in that document. We also have an opportunity to add quality language -- or product quality language to the sewer reimbursement agreement that Mr. Jewett and staff are working. There are -- that is a vehicle by which we are tying most of the quality work with regard to inspection -- our inspection team going out on site, inspecting the work that's being done to insure that it's in compliance with regard to the plans and specifications of the project and only after that point in time where we are satisfied, provided certain vehicles are available to us, whether they be retainage or whether they be performance bonding or whatnot, we would, then, issue payment upon satisfactory approval and acceptance of those sections of the line as partial payment for Mr. Jewett's contracting on the work. So, I think that we can cover a lot of that in that separate agreement. but we can certainly 40 reference that in the original agreement if it's your desire. De Weerd: Thank you. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I can understand the need for doing this and I support the idea of the direction you have stated you want to go. The one question I would have is this is part of our overall infrastructure and are there any other unrelated developments out in that neighborhood that would be impacted by this? Development has slowed down, so I'm guessing the answer is probably no, but just do we know -- is this on its way to some other unrelated developments that might be impacted by this? Barry: Thank you for your question, Councilman Hoaglun. I don't believe that there are any other developments that will be adversely impacted during this three month window of delay. Mr. Jewett is indicating no by a nod and we haven't received applications or preliminary plats for anything in that area. So, I don't believe that there would be an adverse impact by extending the contract completion date by three months. Zaremba: Thank you. 0 Rountree: Go ahead, Bill. Or is that all you had? Meridian City Council Workshop October 20, 2009 Page 52 of 65 Nary: Madam Mayor, Members of the Council, I think all we are looking for is at least some direction to go ahead and work with Mr. Jewett on this extension, be an addendum with an extension -- and I'm talking about the water lines, if that's -- you don't have to make a motion, simply just maybe give us the direction to go ahead and do that. I think that's what Mr. Jewett is -- Rountree: Any other comments? Opinions? Bird: Mr. President? A three month extension, as I understand from December 31 st to March 31 st? What's to say that we -- if we are that far behind now, how are we going to be caught up and done when we are going through winter with a three month extension? Are we going to be back in here in January or February asking for another extension? That's -- Rountree: You asked my question. Mr. Barry, you want to address that? Barry: Yes, sir. Mr. -- or President Rountree, Councilman Bird, Members of the Council, Mr. Jewett may be able to best speak to that, as he is the -- he's contract project manager on the team. I don't know that I can answer specific question, since the city has not contracted with the contractor or to do the work. So, with relation to project schedule, I'll defer that question to Mr. Jewett. is Jewett: Do you need my name and address? Rountree: I do. Jewett: Jim Jewett. 1560 Carol Street in Meridian. Rountree: Thank you. Jewett: To answer Councilman Bird's questions, I'll give you a little bit more of a history that by the time we got -- we had all the jurisdictional approvals to move forward with this part of the project, we had 110 days left on the January -- December 31 st on 150 day contract. So, we didn't fit in when we issued the contract in the first place, because we just ran out of time. We have been working on an agreement and it just became evident that we need to ask for an extension just to finish the agreement. With that said, we have run into the issues with some of the quality control over the last couple of weeks, since we formally requested the extension, which we might have to look at the March 31st for that very reason to see how long it takes us to get through the quality control issues. Whether a lot of this work is off site, out of roadways, the weather won't affect it, but the roadway construction of it would have originally been done long before the weather set in, but with delays we have now that might become a factor, but March 31st usually gives us at least a 30, 40 day window to finish road construction, temporary patches to permanent patches. So, we still think that March 31st is a doable date, unless this issue of the quality control cannot be resolved in a reasonable manner. So, I Meridian City Council Workshop October 20, 2009 Page 53 of 65 . don't want to say I won't be back, because it's possible, depending on those very issues. But right now we feel comfortable that we need to be able to issue an extension to the contractor, so that at least he knows that we can fulfill -- we can be within his contract, so we can try to work out the remainder of the issues. Rountree: Any further questions? I have a question with the -- moving forward with an extension. What kind of costs are incurred? Is this a no cost extension? Jewett: Well, again, that's -- that's the reason for the extension is because the contractor feels he has lost time and wants compensated. So, by giving him the extra time, we take away the request for compensation. So, it kind of works in the opposite. Rountree: So, I understand that response is there is no expectation of an increased cost due to the time extension? Jewett: That would not be my expectation, no. Rountree: Okay. Any further questions? Comments? Tom, do you have anything more to add? Barry: No, sir. Rountree: Bill? IS Nary: No. Rountree: We need some guidance here. Anybody -- probably in the form of a motion I would think that we would want to do or at least just give Bill and Tom the guidance to move forward. Bird: Mr. President, I will try a motion. Rountree: Okay. Bird: I move that we allow the -- the attorney staff and the Public Works to work with Mr. Jewett for a time extension from December 31 st to March 1 st and bring it back to us within a couple of weeks. Nary: March 1 st? Bird: March 31 st. I'm sorry, Bill. Nary: 31st. Okay. Rountree: Does that include the working in an amendment for completion of the -- 0 Meridian City Council Workshop October 20, 2009 Page 54 of 65 . Bird: Yes. Work out all the amendments, get a -- Rountree: The pump station. Bird: -- cut and dried, held to the fire, contract. Rountree: I have a motion. Zaremba: I'll second that. Rountree: And I have a second. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba:, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: Thanks, Bill. Now, you have -- which one do you want to do first? The traffic safety? Nary: Mr. President -- which one did you say? I'm sorry. Rountree: Traffic safety? . Nary: Mr. President, Members of the Council, Madam Mayor, yes, actually, it's an update on all the city boards and commissions. What was originally assigned to Mrs. Kane was a request to add youth members to the historic preservation commission and the traffic safety commission. We currently have youth members from the Mayor's Youth Advisory Council on the parks commission and the arts commission. Because of the way the state statute is set up for planning and zoning and the requirements for service that the positions are supposed to serve for a minimum of three years, it's not practical, necessarily, to try to have youth members sit on the commission as a voting member. So, those two were added. Mrs. Kane -- obviously, because Mrs. Kane was an employee of the year, she decided to rewrite all the ordinance completely, because it made it much simpler to read and she felt it was somewhat outdated in the form that the ordinances were in currently and she felt it would be much easier for a future Council to be able to read the ordinances that are set up the same way. So, she took the information that's already there and, basically, just reformatted those ordinances to make them more readable and to make them more consistent from one to the other, but it would allow for the appointment of a member to the traffic safety commission and to the historic preservation commission for a youth member and so if that's satisfactory to the Council, we'd like to bring that back next week for approval. Rountree: I'll approve that. Bird: I approve -- 9 Meridian City Council Workshop October 20, 2009 Page 55 of 65 • De Weerd: With appointments. Nary: Yes. The appointments -- the appointment are already in the queue. We were, essentially, waiting for this ordinance to be brought in front of you, so, then, we could have the ordinance approved and, then, we already have the resolution prepared for the actual appointments. Rountree: Very good. Hoaglun: Mr. President, this might be a good example why Mrs. Kane was one of our employees of the year. Nary: Exactly. De Weerd: Because she puts up with him. Nary: I don't want that counted against my time. The last item -- the last item is one and I -- I can't recall, Council, as we have discussed this previously, but there is a -- what's called a red flag requirement that the Federal Trade Commission passed actually -- it was passed a couple of years ago and the implementation date has been pushed back a number of times and what it originally was thought to -- was to address was identity theft in relation to any entity that extends credit to folks and so originally we thought it may not apply to cities, because cities in general don't lend credit and that they don't -- it really was meant to address the normal credit card companies, the Visas and the Mastercards and the like. But in delving into this -- and other cities have also made the same evaluation that we have, is that we do extend some credit in a sense that we allow people to either pay on time a over time for their water bills or we also allow them to open their water bill accounts, essentially on a signature. And where the concern is and where the red flag is and the terminology is real important in the -- in the enabling statute, the federal -- or federal statute that was put in, was to try to help any entity that does this identify points where identity theft can occur. And originally where our focus was was on trying to make sure we didn't allow access into our system, whether it's to our servers and those types of things where people are setting up false accounts or paying through some false identify process, but what we found -- Mrs. Pogue was the attorney from my office that worked with finance to put this in place and doing the research is where the biggest vulnerability cities have is that many -- in many places people will set up phoney accounts and use, then, that mailing -- that mailing they may receive from us one billing, they may not pay the billing, and we simply cancel their account, but now they have a mailing and mailing address with a phoney name that they can, then, use for other purposes and that's really where the concern from the Federal Trade Commission is is that cities and entities like ours or maybe even smaller entities, smaller districts that bill people, won't have steps in place. There is no penalty to the city, the only issue to the city or concerns where the city could be found in violation is if we don't do something. If we do have some measure in place and that's what this resolution does, is to create this program and by resolution we have added the appendix that's attached to it -- the exhibit lays out kind of what our process is, that Meridian City Council Workshop October 20, 2009 Page 56 of 65 finance is very comfortable with in being able to make sure we don't have an occurrence ® of this type. The liability really doesn't extend to the city beyond that. Once we have an established program, once we follow our program, if, for example, something like this were to occur and somehow, even with our measures in place something were to happen, the city isn't responsible for that. Liabilitywise, even if the city didn't do anything in place would they have liability to an individual -- it would be a little hard to prove, it may be very difficult to prove that, so I don't think there is potential exposure that way and I think that's why the Federal Trade Commission put this in place in the first place, because there is no incentive otherwise to any types of agency, whether it's Mastercard or Visa, a large company, or a small entity like -- like Meridian or some smaller, to put this in place unless there was something that requires them to do it and so this is the culmination of a number of months of work and research and work with our finance department to put something in place that makes sense for us, it's practical for us to do it, it really is -- and if nothing else it was a very good process improvement for our staff in working with the finance department, because many of the things we did and the practices we had in utility billing, for example, were -- I guess in today's world somewhat outdated. Things were done very simply because in -- you know, 20 years ago to set up an account you needed to call us on the phone and we gave you -- and we set up your account. If you wanted to find out what your balance was you just call us up on the phone and said here is where I live, what's my balance. Can you send me a copy of the billing and the billing may have banking information on it, it may have your Social Security number on that, and we generally took people at their word over time. Twenty years ago, probably didn't matter. Over time we found, obviously, we can't continue to operate like that, so this was a great process for finance and utility billing to go through with our staff to figure out what can we do -- what can we do to provide safeguards to people, so that we don't accidentally give out information that could end up being harmful or cause somebody's identify to be stolen and so what we are looking for is simply to bring this back in front of you. The implementation date from the Federal Trade Commission is November 1 st. We'd like to just move this forward to your agenda next Tuesday for adoption. Utility billings already prepared -- it's actually already implementing a lot of these processes now. This is just formalizing it and is required by the federal and so forth -- by the federal statute. Rountree: Comments? Hoaglun: Just a quick question for Mr. Nary if I might, Mr. President. Bill, the program administrator and whatever -- it said is going to be the chief financial officer or their designee or is this going to be the legal department? Nary: No. It's going to be the chief financial. It's going to be -- it's going to be finance. Mostly it's going to be the billing manager that's going to be responsible that the process stays in place and it gets followed. Hoaglun: There is also a former employee of the year, if I understand correctly, too, so -- C11 Meridian City Council Workshop October 20, 2009 Page 57 of 65 • Nary: Only for another two days. Hoaglun: Okay. It's in good hands, then. Okay. That was just a question I had about who was -- who was going to be the administrator of it, if that was going to be a legal deal or that, so -- okay. Thank you Rountree: I think the nodding of the heads is to go ahead and move forward. It's a great idea. Nary: We will bring it back next Tuesday. Rountree: Thanks, Bill. Nary: That's all I have. I think that was under time. Rountree: We got a time keeper over there tonight? Bird: How did he do? Did he do okay? Colaianni: Yeah, he did all right. G. PUBLIC WORKS DEPARTMENT • 1. 2009 PNCWA Conference Update and Award Rountree: Okay, Tom, Public Works. Conference update. Barry: Thank you, Mr. President, Madam Mayor, Members of the Council. It's my pleasure to be in front tonight with an update on the PNCWA conference that we recently had here in the Boise area. The PNCWA stands for Pacific Northwest Clean Water Association, of which we are participants and so specifically I wanted to just mention what is PNCWA, what does it mean to us in the water -wastewater field and sort of what our participation was during the conference. The annual conference was held here in Boise last month. PNCWA is, essentially, a member association of the Water Environment Federation, which is a nonprofit technical and educational organization for water professionals that's active in about 39 different countries. PNCWA specifically is dedicated to preserving and enhancing water quality in the state of Idaho, Oregon, and Washington. They promote the professional and technical development of their members, educate the public about the water environment and advance science to protect water resources. The conference, as I mentioned, was held here in Boise over a four day period and during that four day workshop there were about 26 professional and technical presentations that were delivered and there were three treatment plant facility tours. One of those was the City of Meridian treatment plant tour and, then, there were over 640 different attendees, including folks from the environmental, civil, • and chemical engineering fields, as well as consultants, superintendents, water operators, wastewater operators, and a variety of other public works professionals. I Meridian City Council Workshop October 20, 2009 Page 58 of 65 • wanted to just highlight quickly Meridian's participation. We participated on a couple fronts at the conference. Number one, we actually provided four of the 26 technical presentations, both myself and my staff, as well as some consulting -- excuse me -- consultants came together and put together four presentations, which means that we provided -- our city alone provided about 15 percent of the technical content for the entire conference, which we were pretty proud of. These are the titles of some of the presentations. You may find them quite boring, but we find them quite fascinating. But, in any event, we talked about a water reuse program, also making the best use of assets in a poor economy, optimising BNR upgrades in plant capacities with regard to our aeration basins and, then, federal storm water regulations as they relate to semi acid climates. One of the other things we did that I mentioned was we provided a wastewater treatment plant facility tour and this tour was one of three. Boise had a facility tour. Theirs was mostly the -- the watershed, the environment -- or the watershed facility itself, not the treatment plant. The Kuna and NBR plant was also another plant tour and, then, ours. We had 30 spots and we filled up very quickly. As a matter of fact, we had a waiting list of five that we cleared and we allowed everyone to attend. So, we didn't want to tum anyone away, because we had a lot of cool stuff we wanted to share with folks. Some of the highlights included on the tour an overall discussion of the biological nutrient removal process, BNR process. A discussion of our Meridian -- or, excuse me, of our wastewater sustainability efforts. Those efforts, as you know, include things like our wastewater reuse program and how we got that running. Our solid and liquid stream nutrient recovery program, our energy efficiency • and bio gas recovery efforts, bio fuel partnership that we have with Sy Energy and, then, a brief discussion on composting as well. So, it was pretty active. It was a whirlwind tour. It was an hour. Usually those things go for half a day, two or three hours to half a day, so we weren't given a lot of time, but it was really a lot of fun. I think people enjoyed it quite a bit. We got very good comments on the tour itself. I wanted to pause here, because on the tour we highlighted a pilot project that we went to -- a partnership with Ostara Treatment Technologies and, essentially, Ostara is a company that harvests magnesium, ammonium, and phosphate out of the treatment plant process and combines it all in a reactor to create fertilizer. High quality fertilizer. So, we had worked in advance of the tour -- you may recall because you had signed the agreement with Ostara a month or so before, to have them come in and develop a pilot project. The facility on the left there, the blue tall structure there, was the pilot reactor at our Meridian plant. That's actually in our centrifuge room. And for a period of about a week or so we were actually producing fertilizer off a small portion of our centrate and I wanted to give each of you a sample of what that fertilizer looks like and so I'll pass this around to you and, then, explain it. So -- no, it's not candy. You don't want to eat that. But those are fertilizing pellets. Slow release fertilizing pellets, which are also known as struvite pellets, essentially. And if you look at the picture on the lower left there, the sort of black and white looking picture, the pipe which has all of the deposits in it, that's struvite. You also know that we are under increasing pressure from the EPA to reduce our phosphorus production -- or not production, because we don't produce it, but, essentially, our phosphorus limits at the treatment plant and one way that we can do . that and return to a more beneficial state, this phosphate, is through a process similar to nutrient recovery that has produced these fertilizing pellets. A full -- our Meridian pilot Meridian City Council Workshop October 20, 2009 Page 59 of 65 • reactor was about 20 feet tall and was about a foot in diameter. The typical reactor is a couple stories in height and also several tens of feet in diameter. But, in any event, I wanted to give you just a sample of kind of what we were able to do. We are collecting in this pilot a variety of water chemistry information that will help us to identify how much phosphorus was actually removed from the centrate to see if not this technology or another technology would be more beneficial for the removal of phosphorus as part of our overall treatment process to satisfy the EPA regulations that are likely to come or, alternatively -- or, excuse me, and alternatively to produce a viable product from the waste stream. So, in any event, I wanted to just pause for a moment and highlight that, because that was pretty exciting for us in watching sort of us produce fertilizer at the treatment plant for a week or so. De Weerd: Very cool. I like the list. Bary: Yeah. And on the label it does say made locally in the Meridian wastewater treatment facility. So, we passed those out to all the participants who were on the tour and so they could see how it works. This particular -- Ostara chose us because of the type of treatment plant we have. That technology we utilize at our treatment plant is one that goes very well with this type of nutrient recovery technology. So, we found that beneficial as well. Continuing on and to sort of finish up, we did win an award at the conference and the award I wanted to hand out this evening to you and, then, we hope to get it back and hang it on our wall in Public Works -- is the 2009 Idaho water reuse • program of the year award. This award, essentially, is one which highlights the City of Meridian's participation and efforts to, essentially, educate and contribute to the advancement of reclaimed and reuse water in the state of Idaho. As you know, we have invested quite a bit in our overall program and have been using reuse water at Heroes Park this summer and that, in addition to our efforts to go city wide with our program, has gotten a lot of attention from folks in the state and helped us land this award at the conference. So, I'll pass this around for you and, then, I'll stand for any questions you might have. Rountree: Very good. Congratulations. Bary: Thank you all for your continued support. We certainly appreciate it. Rountree: Any comments or questions for Tom? Bird: Mr. President? Rountree: Mr. Bird. Bird: Tom, on this reactor, I take it that the large one that was a story and a half and stuff, is the only size they have? Is that -- and what would that handle? I mean is it large enough to handle our plant even when it's built out or stuff or would we have to add another one? F- -1 L-A Meridian City Council Workshop October 20, 2009 Page 60 of 65 • Barry: That's a great question, Councilman Bird. The answer is that the size of the reactors vary on a couple of different formulaic calculations. One, overall effluent quantity, as well as effluent quality. So, the more phosphorus you have the more you could produce. There are other limitations, for example, like how well is the effluent? From a quality standpoint, how much do you actually have coming out of the facility. If you have heavy metals. If you have other sorts of things. So, the water chemistry dictates, as well as the amount of water you have dictates the size of these things. What generally tends to happen is the things can only be a certain size in diameter, so what you end up doing is putting mirror reactors. There are some facilities that have three to five reactors where the effluent comes in and is processed through multiple reactors. This type of process would be one where you would do it just like a booster station, you would build each reactor as you need it and the plant grows. So, that would be ideal. And so there is variability in how you can implement this overall process into the treatment technology. Bird: Is this marketable? Barry: It is marketable. As a matter of fact, Ostara is a company that their business model includes not just the construction of the treatment -- the design and construction of the treatment reactor, but also they have various types of contracts where you could lease the equipment or buy the equipment and, then, they will buy back the product that you produce and pay you a royalty off the sale of that product. So, it is kind of a private • public partnership. When we interviewed them last year, their business model was a bit askew and it was too much risk and too little reward for us and so we passed them up. I have been told and as part of this pilot we invited them back, that their business model has changed, it's now up and running in a couple different treatment plants and it's looking more successful and they are getting more confident in their production of this stuff and, therefore, seem to have a little bit more flexible model. So, once we get the water quality data to figure out whether or not this works in a long term -- from a long term solution standpoint, we can, then, talk about really the financials and the business strategy associated with it, so -- Bird: It's sure something to look into, I believe. Hoaglun: And, Mr. President and Tom, what's the time frame of this pilot before we know anything with some certainty on this data? Barry: Well, the pilot's concluded. It ended probably third or fourth week of September and they dismantled everything, took it out of the treatment plant and we are just waiting on water chemistry data that we need to synthesize. Part of that will be probably incorporated into our water -- or, excuse me, our sewer master plan and the sewer master plan will look at facility improvements that need to occur at the treatment plant to meet what we think are impending regulatory requirements and so this needs to be included as one option that we do cost benefit analyses on to figure out whether it's • going to work or not. The chemistry piece I would hope to have -- excuse me -- information back within a month or so to figure out whether or not technologically it Meridian City Council Workshop October 20, 2009 Page 61 of 65 • would be of benefit and, then, we have to go through, really, the financial and legistical components to see if it makes good business sense long term for us. We could do it with the sewer master plan, that could take a number of months to upwards of, you know, a year or so, if we want to include it with that, so -- De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: How do you guarantee of the consistency of the product? Barry: Well, that's a great question. The product is grown in the reactor and under careful concentrations of magnesium, phosphorus, and a couple other chemicals. So, what you're looking at is crystalline struvite. So, there are, essentially, no impurities in that form and so what that does is it -- because it's grown as a crystal, it naturally removes the impurities. Now, there are very very minute impurities that get into the -- into the crystals, but it's virtually inconsequential. So, that's one way is that, essentially, because it's a chemical reaction and you're growing crystals, that this is a more pure form of fertilizer. The second way where you get consistency as far as size goes, depending upon how long you leave in suspension in the concentrate these crystals. So, what happens is as these crystals funnel in and rise to the top of the reactor, they bump against one another and that's what smooths off the edges and makes them • round. The product you're looking at, because the reactor was so small, isn't the highest quality as far as the look goes, but it's the same chemical composition as what's produced in the other full scale production models. But, essentially, you know, the amount of time, if you -- you know, crystals take time to grow, so the longer you leave them in the reactor the larger the crystal pellets become, the shorter time you leave them in the reactor the smaller they become and so, therefore, you can actually change the size of the pellets to meet a certain demand based upon how long you want to leave those crystals actually in the suspension and, then, certainly because that is made from the chemical constituents going into the reactor can only form one way as crystalline struvite. So, that insures purity. So, that addresses the size and purity. Bird: So, you can control the size of the pellets then? Bary: Yes, sir. Absolutely. I have other samples from Ostara at full production facilities. I didn't bring those tonight. You can go from sand size to, you know, essentially small -- like the pellets you have there, you know, quarter inch in size or so and it is slow release fertilizer, so a lot of times you will see that in potting soil or people put on their lawns and things like that as an amendment for top soil. What would be great is to put it in a compost, if we had a compost facility and upgrade the nutrient content of our compost and sell it as even greater marketable product, so -- De Weerd: Now, Mr. President, so this also helps with the struvite build up in our • system and I assume that this is after it goes to -- is this towards the tail end of the treatment? Meridian City Council Workshop October 20, 2009 Page 62 of 65 • Barry: It is? De Weerd: Okay. Barry: It is toward the tail end of the treatment. In this pilot we ran the plumbing a little differently than it would normally be run for the purpose of demonstration. But, essentially, it does help with struvite control. It won't eliminate it completely, but a lot of plants and the test data suggest that you can remove anywhere from, you know, 60 to 80 percent of the phosphorus content. Of course phosphorus is one of the main constituents in struvite formation, so if you take out one of the components to make struvite, struvite can't form and so that has benefits, because we keep the struvite from forming inside the pipes and causing problems with our volume -- volumetric losses of the pipe. And, secondarily, we want to get phosphorus out of the effluent before it goes into the creek, so that we can meet EPA requirements. So, there is a couple double whammies there for us, which was very promising, but it's an expensive technology and we need to be careful about how we go about the cost benefit analysis, but it shows a lot of promise and in the facilities it's already operating in it seems to be working really well. De Weerd: So, how does that work if you were also to pursue composting? Does that affect that at all in -- for the content or the quality of the compost? Barry: No, not for compost, because compost is a solid stream process, so, essentially, what we are doing is we are taking the solid stream process and taking -- taking that and adding green waste and brown waste to it and creating a totally different product. This is a liquid stream and so we are pulling this out of the liquid portion of the treatment plant. What you could do at the end, however, I believe what you can do at the end -- I don't know what -- if it changes our Class A rating on compost if that's the rating we want to attain, is combine compost with the struvite, so that people have a soil amendment that also contains a slow release fertilizer that has added benefits for planting and other sorts of things. Landscaping, those kinds of stuff. So, we are looking at this kind of holistically and it's taking us some time, because we don't want to just have a knee jerk reaction to one cool technology, find out it's not compatible with a treatment plant process or some other process and, then, have to reassess. So -- but we are excited. These are the types of things we are looking at to try to build better products from waste at our treatment plant. Rountree: Further questions? Comments? Zaremba: Mr. President? Rountree: Mr. Zaremba. 0 Meridian City Council Workshop October 20, 2009 Page 63 of 65 • Zaremba: I just think that's excellent. I think that's wonderful and congratulations on both the participation and the rewards -- the awards, I mean, from the conference and I think that's great. Barry: Thank you. Zaremba: Mr. President, if I may ask an unrelated question, which just pops into my head. Would you be able, possibly at a future meeting, to do a department report, probably with Bruce here, of kind of a post-mortem on how the waiver of the building permit fees went? Bary: Absolutely. Yeah. We actually pulled that data together and shared that with finance and we were pretty close to the mark on some of those predictions with regard to what the waiver would have on a financial impact. But it would be easy for us, we have crunched the data, we have the number of beneficiary applicants and the dollar amounts associated with that. We could bring that back for you in short order and share with you how that program worked. As you know, the program ended several weeks ago and so we did a post-mortem internally, but we certainly would be happy to share that with the Council. Zaremba: Appreciate that. Thank you. • Barry: Will do. Rountree: Very good. Thank you, Tom. Barry: Thank you. De Weerd: Congratulations. Rountree: And congratulations, you and your guys, for the award. Good job. Good for the city, too. Item 8: CITY ORDINANCE / POLICY REVIEW: A. Ordinance No.: AZ 09-002 Request for Annexation and Zoning of 2.52 acres from RUT in Ada County to La (Limited Office) for Treasure Valley Veterinary Hospital by Rick Shackleford - 2600 S. Meridian Road: Rountree: Next item is the ordinance under Item 8, if we could get that read by title only. Holman: Thank you, President Rountree. City of Meridian Ordinance No. 09-1431, an ordinance AZ 09-002, Treasure Valley Veterinary Hospital for annexation of a parcel located in Government Lot 3 in the southwest one quarter of Section 19, Township 3 Meridian City Council Workshop October 20, 2009 Page 64 of 65 • North, Range 1 East, Boise Meridian, Ada County, Idaho, and being part of Lot 2 of Block 1 of Volkman Subdivision as shown in Book 53 of Plats on pages 4652 to 4653 in the office of the recorder, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to L -O, Limited Office District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Rountree: You have all heard the ordinance read by title. Anybody wish to hear the entire ordinance? Seeing none, I need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve Ordinance No. 09-1431 with suspension of rules. Hoaglun: Second. . Rountree: It's been moved and seconded to approve Item 8-A. Roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba:, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 9: Executive Session per Idaho State Code 67-2345(1)f) - (to consider and advise its legal representatives in pending litigation) Rountree: Item 9, Executive Session. Bird: Madam -- Rountree: Go right ahead. Bird: Mr. President -- Rountree: It's getting late. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). • Hoaglun: Second. Meridian City Council Workshop October 20, 2009 Page 65 of 65 Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba:, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: 9:15 p.m. - 10:42 p.m. Rountree: We are out of Executive Session. I understand we don't need a motion to do that. Is that correct, Bill, a motion to come out of Executive Session. We are just out of Executive Session. Nary: You know, it's never very clear. I don't think you need a motion. Rountree: So, I just need a motion to adjourn. Bird: So moved. Hoaglun: Second. Rountree: It's been moved and seconded to adjourn. All in favor? is MOTION CARRIED: ALL AYES. Adjourned at 10:42 p.m. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) TAMMY EERD, MAYOR DATE APPROVED OF ```+``11,IIIIIIII/ff/// SES JAYCEE L. HOLMAN CITY CLERK CP miWo C11 a � - ,�, � �: "'�� '� t ' � r � 5 :a' h� i ti � � J �j � Yr I 1 i .` � ti iE Z' �� t �' I • SCANNED MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. 6A REQUEST Acceptance Agreement with Patricia Fennell for Display of Artwork in Initial Point Gallery 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 City of Meridian. O ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY BALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this 20th day of October, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Patricia Fennell, an individual person whose address is P.O. Box 44, Ola, Idaho ("Artist'). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery'); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal'), for the display of artwork in Initial Point Gallery; WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission') reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; 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: L SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on October 23, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twenty (20) paintings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on October 23, 2009 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Galleryfrom October 23, 2009 to November 25, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on November 25, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INmAL PomT GALLERY DISPLAY PAGE 1 Of 6 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work, any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (209,16) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. Tnvm OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees 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 default of • this Agreement. IV. INSTALLATION. • A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITmAL PoiNT GALLERY MPLAY PAGE 2 of 6 V. DISPLAY. A. Original artwork Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public . display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER AND INSURANCE. A. Indemnification. Artist shall, and hereby does, 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 Artist, her servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT 1NPPmAL PonVT GALLERY DISPLAY PAGE 3 of 6 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, is 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 Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERmmnom A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. 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. AccmANCE AGREEMENT INrrw. Pow GAMY DisPtAY PAGE 4 of 6 VIII. GENERAL PROVISIONS. db A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both pasties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. 0 C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. 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, and 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. E. 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. F. 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. G. 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. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. 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, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by 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: ACCEYTANCE AGREEIVIENr IMnAL Pow GAMY DisPLAY PAGE 5 of 6 • 0 C7 Artist: Patricia Fennell P.O. Box 44 Ola, Idaho 83657 (208) 584-3597 spiritbirds@earthlink.net Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com ciw- Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. 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 20th day of October, 2009. ARTIST: Patricia Fennell STATE OF IDAHO ) ss: County of } I HEREBY CERTIFY that on this ;J! `day of ,AL6:,_L, 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared Patricia Fennell, 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 seat, the day and year in this certificate first above written. Notary Pu for Idaho Residing at Idaho My Commission Expires: f, CITY OF MERIDIAN; Tammy erd, Mayor:a `� O Attest.EA _ Jaycee Wman, City ClerkI' q� ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY �`'®,rl,r `�@�°� PAGE 6 of rpr+ • C] Exhibit A Meridian Commission Call for Artists: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space -60 feet on either side of a generous space, featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20'! of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional -quality, ready -to -hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2009 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application & Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; Up to five digital images representational of the artist/organization's work, on a CD; and $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.merldiancity.org or by a -mail request to mac®meridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 By a -mail: mac@meridiandty.org Exhibit B • Meridian Commission eApplication £r Acknowledgments: 2009 INITIAL POINT GALLERY SERIES ARTIST/ORGANUR CWamsub=this;oACT INON Check one: rm as an individual artist. 13 Isubmitting this form on behalf of an organization. Ar st/Org. Name: arr'�i Q _ ti �.� ► I Organizer name: E -malt address:' !/railing Address: Physical Address: � �geo a Jeca d F."St ,�0.1 o g &s.7► Phone numbers: Day: _ M& g n Evening: ,ut& 3 rm? Cell: APPLICATION OVERVIi: Check one: %we propose to fill one half of Initial Point Gallery with artwork. O I/we propose to fill the entire Initial Point Gallery with artwork. Number of pieces: Average size of pieces: / Lst a + AP CATION MATERIALS: Er Completed, signed Application Et Acknowledgements Form Vfflogiaphy of artist or informational statement regarding organization, no longer than one 8* x 11" page; Er A letter of intent, describing: a. Artist/Organttation's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. W/ Up to five digital images representational of the artist's/organization's work an a CD, resolution of 300 dpi at a minimum size of 50", in . jpg format. Please name eath image file with artist last name or organization name and the title of the work (e.g.: name.title. jpg). Materials submitted will not be returned. Damaged or non-carnpliant CDs aril/or images will not be considered. Images will not be accepted via e-mail. 19' $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery Is equipped with a track system for hanging exhibits. Artwork disPlayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the bark of the frame, or two D rings an the side rails on the back of the frame, as illustrated below. Wires or %Mhooks may -not be used for hanging, wwdip frames are not allowed. one cam E Piewe Hanging with Two Catrtea • Letter of Intent If chosen by The Meridian Arts Commission for a two month elciu'bition of half of The Initial Point Gallery: The theme of my exhibit of' proximately 20 paintings will be "The Beauty and Fragility of the Earth As Experienced in Rural Idaho. Most of my paintings are firmed to the size of 18x24". A few are larger at 30x36". The prices range from $300.00 to $900.00. My painting are mainly transparent watercolor with a few a combination of transparent watercolor and gouache. I will hold an opening reception for family, friends, and some Idaho Watercolor Society members, who I will contact. I will also provide a catalog of the work with titles of the work and prices. There are no atypical issues for hanging the work. . ('Sincerely, - Patricia Fennell 0 Biography Patricia Mortenson Fennell P.O. Box 44 Ola, Idaho 83657 208-584-3597 S Philosophy Living close to nature is for my souL Painting my compass. Most of my paintings come from an emotional reaction to the h le leaaty around me. Color and design are my points of emphasis. Vahan and shape my undealying structim Movement and line my melody. Education University of Wisconsin: BS Art Ed. Graduate Work: Boise State University Awards IWS HK Holbein Award 2004 •IWS Grumbacher Award 1999 IAEA Retired Art Educator 2004-05 IPTAEducator of the Year 2003 Key Bank Corporate Purchase 2005 Artistic Statement: 17 My formative years were in the rural countryside of Wisconsin. The images of yellows and reds of autumn and a snowy owl sitting on a fence post in a winter storm as I walked home from the one room rural school are seared into my being. I have lived the last thirty two years in rural Idaho. I was a public school art teacher for thirty one years, the last twenty four in Idaho. I smarted in water color in 1979 and took workshops with Dr. Louie Pack and Gaye Hoopes. I have since taken workshops with the Idaho Watercolor Society. In my first entry into a juried show in 1999, I entered two from a series I did entitled "Mending the Earth" and had both accepted. Since then rve been painting plein air and working from my photos that are mostly taken now my home. For the past three years I have been working on a series of ice paintings that began from an ice jam on our credk. I work with landscapes and try to capture mood and atmosphere. I also do some figurative work, animals, and abstract expressionistic work.. I tend to exaggerate color and emphasize texture. ®If my painting can make people appreciate the beauty and fragility of our earth I will have realized my purpose. Exhibit C 0 • is 0 ACKHOWLEDGMENTS: 1, -P&W;r ;t 9.aae// , hereby acknowledge the following stipulations and agree that If my/my organtmtion's art work is selected for display at Initial Point Gallery, such display shall occur subject to these general terns and editions, as well as subject to other specific terms and conditions that shalt be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: i A. Before my work will be displayed in hritial Point Gallery, l will Ise required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work H selected for display in Initial Point Galled, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the art work displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While art work displayed in Initial Point Gallery may be passively offered for sale by means of an OW 9nformational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. JMq-- E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organbation. F. The City may display the work of more than one artist or organhWon in Initial Point Gallery at any time, at the City's sole discretion. G. Art work submitted for display in Initial Point Gallery must be original works conceived and created 0C by the artist (or by artist members of the arganhation) submitting this application. P�H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is,a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and art work meeft the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms anti editions. - D Signature: :�� o o ., Print name: RT/'ie- M. oq well Date: To propose an exftion in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Meridian ID 83642 Thank you for your interni • MERIDIAN CITY COUNCIL MEETING October 20, 2009 SCANNED APPLICANT ITEM NO. 6B REQUEST Acceptance Agreement with Helen Grainger Wilson for Display of Artwork in Initial Point Gallery AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this 20th day of October, 2009 ("Effective Date"), by and between.the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City'), and Helen Grainger Wilson, an individual person whose address is 700 E. Parkway Court, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery'); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal', for the display of artwork in Initial Point Gallery; WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in initial Point Gallery; .WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a platy where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; 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. Artist shall personally deliver to Initial Point Gallery, on October 23, 2009, at 9:00 am., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twenty-five (25) paintings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on October 23, 2009 at the direction of the Gallery Curator, shall allow the display of such work in Initial Point Gallery from October 23, 2009 to November 25, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on November 25, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. • ACCEPTANCE AoREmdmT ImnAL Pow GALLERY DISPLAY PAGE 1 of 6 • Il. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or relaxed to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. M.TudE OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, 18 and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in initial Point Gallery or any portion or component thereof, Artisto shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or atter installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call. to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGRBBAtT INmAL PoiNT GALLERY DISPLAY PAGE 2 of 6 • V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. When practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. • E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. .0 F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more thaw one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER. AND INSURANCE. A. Indemnification. Artist shall, and hereby does, 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 Artist, her servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGRE DAMT INr UL POMT GALLERY DWLAY PAcm 3 of 6 ® B. Waiver. Artist shall, and hereby does, 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 Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TzRmcmnox A. Termination for cause. If City determines that Artist has failed to comply with any term or • condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in iiaud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours o after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. • B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. 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. ACCEPTANCE AQREEIVMT INnux Powr GALLERY DISPLAY PAGE 4 of 6 0 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. 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, and 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. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, . interpretation, performance and enforcemenf of this Agreement. Venue shall be in the courts of Ada. County, Idaho. F. 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. G. 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. IH. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. 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, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by 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: 0 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 of 6 Artist: Gallery Curator: City: Helen Grainger Wilson Dwight Williams Emily Kane, Deputy City Attorney • 700 E. Parkway Court Meridian Arts Commission City of Meridian Boise, Idaho 83706 33 E. Broadway Ave. 33 E. Broadway Ave. (208) 3444344 Meridian, Idaho 83642 Meridian, Idaho 83642 (208} 887-6473 (208) 898-5506 t S c, ,) cpt - tCcsylwightS332@q.com ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. 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 20th day of October, 2009. ARTIST: s8 t�.d Helen Grainger Wilson STATE OF IDAHO } ss: County o I HEREBY CERTIFY that on this LL1t day of , 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared Helen Grainger Wilson, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, 1 -have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ••.••... VL Notary blic for Idaho Residing at 1'r,rA- , Idaho My Commission Expires: CITY OF MERIDIAN: BY: Tammy de rd, Mayor D� Attest: _ SEAL Jaycee Mman., City Clerk ACCEPTANCE AGREEMENT INITIAL. POINT GALLERY DISPLAY o�00 trot aMU y� WLj``••s �yfl •gr"r+.."�t0 If tj0TTA*'V % B LV r°® S % r'® �► � '��srrrrrR •rw�'%r . Ulw tot. ".0 PAGE 6 of 6 • • • Exhibit A Meridian 1 Commission Call for Artists: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space -60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional -quality, ready -to -hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work In the 2009 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application It Acknowledgements form; • Biography of the artist or informational statement regarding organization; Letter of intent; Up to five digital images representational of the artist/organization's work, on a CD; and $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.merldiandty.org or by e-mail request to mac@meridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other Informational forums. CONTACT MAC: By mail: is By e-mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 macomerldiandty.org • 0 0 Exhibit B • Application -lir Acknowledgments: 2009 INITIAL POINT GALLERY SERIES ARTISTIORGANiZER CONTACT INFORMATION: Check one: It 1 am submitting this torn as an individual artist. O 1 am submitting this form on behalf of an organization. Artist/Org. Name: -Qrni n®t r W j W n Mailing Address: Physical Address: g� atnFr Phone numbers: Day: 241-1 4!f - 439_yEvening: S��ne CeU: S �f Iloia�- APPUCATION OVERVIEW: Check one:0 I/we propose to fill one half of Initial Point Gallery with artwork. e� l7 I/we propose to flit the entire Initial Point Gallery with rk. Number of pieces: 4.Average size of pieces: ya ws° APPUC4TION MATERI- 1 er� rt ed witi.l� I �vinyIn norgwtir S60kirn Completed, sign Application Acknowledgementt Form i%t 2 Biography of artist or informational statement regarding organtzation, no longer than one 8% x 11" page; 3 A letter of intent, describing: • Artist/Organization's Mon for and/or theme of the exhibition; • Number, dimensions, prices, and medium or media utilized in the works to be displayed; Any publicity that the Artist/Organization plans to undertake if selected; and/or • Any atypical issues or challenges regarding hanging or display of the works proposed for display. 4 U to five di Ital ima representation of the artist's/organization's work on a CD, resolution of 3W pb at a minimum size of 5x7", in . Jpg format. Please name each image file with artist last name or organization name and the We of the work (e.g.: name.title40- Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. 5 $35 gallery maintenance fee; check made payable to the Meridian Arts commisslon. This fee is nonrefundable. ' .0 HANGING INFORMATION.- Initial NFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits.. Artwork displayed in Meridian Arts Commission 2009 Initial Point Gallery Series Helen Grainger Wilson Biographical Statement Born and raised in Alberta and having traveled on four continents, I still delight in discovering Idaho's expanses and secret niches, some of which 1 express in my artwork. As a Merit Member of the Idaho Watercolor Society and signature member of the Plein Air Painters of Idaho, I use watercolors, oils, acrylics, and inks to convey some small aspect of Idaho's marvelous natural and cultural environments, and frequently their interactions. As a Teaching Artist (Rostered Artist) with the Idaho Commission on the Arts, I have worked as an artist in residence in 15 schools throughout rural Idaho, teaching thousands of students (grades K-1 2), their teachers, and community members art appreciation, history, drawing, painting, and clay artwork. I also volunteer to teach art classes to girl scouts and others. Additionally, I work as an artist in residence in Alaska through Alaska's Artist in • Schools program. My most recent residency, last May, was at an elementary school on Kodiak Island, Alaska. There I encouraged hundreds of children of Alaska Native and/or Russian heritage to appreciate and expand their traditional artistic cultures through painting and drawing. I encourage students to express themselves creatively and meaningfully. As a signature member of the Plein Air Painters of Idaho, I enjoy on-site painting (not always weather permitting, either). �, t a Before turning much of my attention to creating and teaching art, I taught elementary school in Boise for a dozen years and helped raise our family. Happily, many of my favorite art activities now include painting with our three young grandchildren. A foundation for creating and teaching art and appreciating nature and cultures lies in my university education: Master of Arts degrees in art and elementary education, and Bachelor of Arts degrees in sociology and art. Two quotations that continually influence my artwork and life are the following: We need the tonic of wildness ... and nature. Henry David Thoreau ".4 wishes away from the soul the dust of everyday life. i Pablo Picasso Helen Grainer Wilson Teaching Artist RTS 700 E. Parkway Court Boise, ID 83708 , (208) 344-4344 i hgwilson@boisecentennet Meridian Arts Commission 2009 Initial Point Gallery Series Helen Grainger Wilson Letter of Intent Possible Visions and Themes I envision three possibilities for displaying my artwork: 1 Displaying several of my paintings while sharing with other artists a theme of Idaho's natural environment'. The final choice of my art (oils, water- colors, acrylics, ink drawings) could be made from as many as 25 suitable pieces in order to fit the theme and space available, etc. Most of my paintings are representational and considered realistic, but with a strong consideration of underlying design and composition. Some of my paintings are abstracted realism.** 2 Displaying a much larger selection of my artwork in a solo retrospective exhibit (dating over the past two decades) with a theme of Idaho's natural environment 3 Displaying a large selection of my artwork in a solo retrospective, as in #2, but with the addition of some of my three-dimensional, hand built or wheel thrown, incised porcelain clay artwork (once you acquire secure display cases). The theme would remain Idaho's natural environment Of course, my clay artwork would have to be juried on its own merit, but I might mention that it was for my clay work that I was initially juried as a rostered artist with the Idaho Commission on the Arts. (After I could no longer work with clay for medical reasons, I was later juried a rostered artist based on my paintings.) 0 Qv *Themes: "Idaho's Natural Environment: North, South, East and West" would be a suitable theme for most of my artwork. Since moving to Idaho in 1965, I have lived in eastern, northern, and southwestern Idaho (Boise) and have constantly expressed my appreciation of the state's beauty in visual artwork. (Accompanying my geologist husband who thrives on hiking, backpacking, canoeing, and rafting into remote regions has expanded my horizons considerablyl) ** Influenced by my background in sociology and anthropology, in some of my favorite artwork I combine elements of the natural environment with appropriate cultural environments. I call such paintings my Two Worlds artwork. For example, in one watercolor painting I used photographs I took while backpacking in the remote Bighorn Crags region of central Idaho to inspire a bold, abstracted Image. In it I morphed a grouping of massive boulders suggestive of a woman's form wrapped in a blanket. Because the region was home to the Lemhi Shoshoni 0 (MIson, con't) tribe, I tried to respectfully invoke an essence of the traditional people and the majesty of their land. To depict the searing summer heat of the region employed hot colons --yellows and oranges with touches of their complements and neutrals—to convey the spirit I continue to experience. Artwork to be Displayed Basically, my artwork falls into the "average" range in Idaho: subject matter (mostly nature); size (11 "x14",18°x24", 20"x30'; price ($300 - $950); mostly watercolors, but with about one-third oil paintings and a few acrylic paintings, ink drawings and washes. Any number, up to about 25 pieces of artwork, could be selected for an exhibit, with enough variety to choose from for an interesting grouping. All my artwork is suitable to family viewing and is easily displayed. Please note: The five digital images on the CD were selected expediently from the Plein Air Painters of Idaho website and do not represent my broader styles and Interpretations (which 1 generally consider more interesting). I'm not techno- savvy but will probably have a webs(te set up soon. Publicity If selected, I would tap into the emall/mailing routes available to members of Idaho Watercolor Society, Plein Air Painters of Idaho, and teaching artists with the Idaho Commission on the Arts. Atypical Suggestion Would it be possible to enable exhibiting artists to include a brief statement or selected quotation with each piece of artwork? A combination of the visual and literary arts can be an enriching experience for all. Thank you for what you are doing for the visual arts In the reglonl Your wonderful venue obviously Isn't the result of happenstance. n �J • 0 WIBOn.COft Ahmg the WaswLFrasty Mombig-M WflswLOdcw nearold MID wftmodmv Palouse 3slmon-M Road Ketdwm.JPG RhW. M • • C7 Exhibi t C • 1� ACIWOWUWC*EM- agree that if MOM ttan•s art work selected for d� �$ io�� ��`t� � display shag oee un' subject to these general terms and ��Y at Initial Paint Gallery, such speCiflC teens and c�andttions that shaft be set forth in Conditions, as welt as subject to otiresr Agreement between myself and the C of Me MIM I ' written � �y �iflwUy aeknowterdge that; A. Before my work wiU be displayed in Initial Paint Gallery, I will be required to enter into an AscephM WYK Agreement with the City of Meridian establishing the, specific terms and conditions of the display of the Particular works displayed. IL if my work is selected for display in Initial Paint Gallery, the City of Mbrtdlan and its agents wUl MM exercise professional care in handling and am" all artwork displayed in Inial Point Ganey, but 0. cannot and will not assume liability for any los$ or damage. C. Any insurance of the art work displayed in Initial, Point GaUery "U be the sole � ns6flity of the artist. The City of Meridian shall not provide insurance to mm toss, deft, or damage of artwork displayed in initial Point Gallery.ILEO D. .WMIe art work displayed in Initial Point Gallery may be paalvely offered for sale by means of an °rte informational table, board, or handout as provided or allowed by the City of #Wrldian, no piece disptayed in Initial Paint Gallery may have a visible price tag. E. While it is intended that sI for a erre- to two-month ch exhg* in Initial Point Gallery WM be displayed MM period, this period may be slwrtened by the City of Meridian for without notice to the any reason, artist. F. The City may display the work of more than•one artist 1n Initial Point Gallery at any time, at the City's sale discretion. G. Art work submitted for display In' Initial, Point Gaitery must be original works conceived and created on" by the artist (or by artist members of the oryani appikation. Yati�) � this H. Meddlan City Han is primarily a place: of P bu Press and Initial Point Gallery a Public Place. The elm . City seeks to ercar W artistic mon and FMc dtat simuttareo�y ers<rre first ogue, but must 0 Zt • City Hatt is a place where clWAN6 employees, and visitors of diverse ages and Perspectives feel wdcone and comfortable. To this end, only artists and art work meeting the eUINIty standards descrUd fn the CaU for Artists and following the terms set forth fn the Acceptance Agreement, 3MU be displayed In hnitat Pofnt GaUery. 1 do advhowledge and understand each and aU of the fon rig SUPulations and do agree to threes general terms and c[[ondid ms. S%natue: skdrtc�Lt, Print name: Gate: 30 , =09 'TO ProPose an ehdMton in Instal Point GdWy, phease submit tft fwm, completed fn fuU, : yM the required materials, as foUom Via U.S. Mail: Meridian Arts Commission Afro: initial Point Gallery 333 Eat Broadway A%ridian ID 63642 Thank you for your U>brest! f , • • 0 MERIDIAN CITY COUNCIL MEETING APPLICANT October 20, 2009 ITEM NO. 6C REQUEST Agreement for Massage Therapy Services with Kristy Sweeney AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CANWD CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AGREEMENT FOR MASSAGE THERAPY SERVICES THIS AGREEMENT FOR MASSAGE THERAPY SERVICES is made this day of , 2009, and entered into by and between the City of Meridian, a rhunicipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Kristy Swinney, hereinafter referred to as "CONSULTANT", whose business address is 1517 Euclid Avenue, Boise, ID 83706. INTRODUCTION WHEREAS, the City has a need for services involving Massage Therapy Services; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as . follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified below and in Exhibit A: MASSAGE THERAPY SERVICES 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. 1.3 The Consultant shall provide services and work under this • Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, Page 1 of 5 regulations and resolutions. The Consultant represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 2. Consideration: The Consultant shall be compensated on a time and Materials basis as provided in Exhibit B" below, for full and complete compensation under this agreement. The City will 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. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. • 4. 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. 5. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Human Resources 33 E. Broadway Avenue Meridian, Idaho 83642 Kristy Swinney 1517 Euclid Avenue Boise, ID 83706 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Page 2 of 5 6. 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 attomeys' 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. 7. 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. 8. 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. 9. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation iof any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 10. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 12. 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. • 13. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, Page 3of5 including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 14. 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, the 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 the 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 the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 15. 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. 16. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from Ws attorney's or the opportunity to seek such advice. Page 4 of 5 • 17. 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. 18. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 19. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY:; TAMMY de WE RD, MAYOR Attest: JAYCI39 L. HOLMAN, CITY CLER-kIS119AL_ 4"T IS , .2► ��� �s 0 Approved as to Form CITY ATTORNEY • Page 5 of 5 0 EXHIBIT A SCOPE OF SERVICES Duties: Massage Therapist will perform duties one day per month with the option to add additional day if required, unless otherwise specified and mutually agreed upon by both parties Massage Therapist duties to be performed during the hours of 10:00 a.m. and 2:00 p.m., unless otherwise specified and mutually agreed upon by both parties Massage Therapist duties to be performed on the 3`d Floor of Meridian City Hall in the Human Resources Department, unless otherwise specified and mutually 0 agreed upon by both parties. • Compensation: $12.00 per person for each 15 minute massage. Exhibit A 0 • 0 SCANNED MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. 6D REQUEST PSA for Energy Efficienty Conservation Strategy with HDR, Inc. for Not to Exceed Amount of $48,800.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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: COMMENTS Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 15th day of October , 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and HDR Engineering, Inc.. hereinafter referred to as "ENGINEER", whose business address is 412 E. Parkcenter Blvd., Suite 100. Boise, ID 83706. INTRODUCTION Whereas, the City has a need for services involving Development of an Enerav Efficiency and Conservation Strat= for the DOE EECBG; and WHEREAS, the Engineer is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 ENGINEER shall perform and fumish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified In the document titled 'Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Engineer under this Agreement, including without limitation electronic data flies, are the property of the Engineer, provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work Is copyrightable, the Engineer may copyright the same, except that, as to 0 DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY — page 1 of 14 • any work which is copyrighted by the Engineer, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Engineer shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Engineer represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 1.4 Services and work provide by the engineer at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Engineer shall be compensated on a Time & materials basis as provided In Attachment 8 "Payment Schedule! attached hereto and by reference made a part hereof for a Not -To -Exceed amount $48,800.00. 2.2 The Engineer shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Engineer under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Engineer. 2.3 Except as expressly provided in this Agreement, Engineer shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Engineer shall not be entitled by virtue of this Agreement to consideration In the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. . DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY — page 2 of 14 0 3. Time of Performance: U This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, January 15, 2010 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Engineers business. 4. Independent Contractor. 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided In Attachment A, Engineer has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY In the performance of this agreement shall be made by the CITY. 4.2 Engineer shall determine the method, details and means of performing the work and services to be provided by Engineer under this Agreement. Engineer shall be responsible to City only for the requirements and results specified In this Agreement and, except as expressly provided In this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Engineer in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall Indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or Injury to persons or property and losses and expenses and other costs Including litigation costs and reasonable attorney's feces, arising out of, resulting from, or in connection with the negligent acts and or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of ENGINEER or Its employees. CITY shall indemnify and save and hold harmless ENGINEER from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorneys fees to the proportionate extent, arising out DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY — page 3 of 14 of, resulting from, or in connection with the negligent acts and/or errors or omissions by the CITY, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortlous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to Indemnify and save and hold harmless CITY; and If CITY becomes liable for an amount in excess of the Insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attomeys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Engineer or Engineer's officers, employs, agents, representatives or subcontractors . and resulting in or attributable to personal Injury, death, or damage or destruction to tangible or Intangible properly, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Engineer begins performance of Its obligations under this Agreement. In the event the Insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed In the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 0 DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY — page 4 of 14 HDR Engineering, Inc. Attn: Miguel Gaddi, Prosect Manager 412 E. Parkcenter Blvd., Suite 100 Boise, I D 83706 (208) 387-7000 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. 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. 8. 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 aunder, this Agreement by the party so falling to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER 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. 10. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disabirdy. 11. Reports and Information: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and Information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Engineer shall maintain all writings, documents and records prepared or compiled In connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, is DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY - page 5 of 14 typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. 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 ENGINEER'S records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement 13. Publication, Reproduction and Use of Material No material produced in whole or in part under this Agreement shall be subject to copyright In the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and odes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, or time to complete shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fails to fulfill In a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best Interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 0 DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY — page 6 of 14 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 17. 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. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. 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. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN HDR ENGINEERING, INC. BY TAM"d d WEERD, MAYOR BY:r,��� Approved by City Council:_ I D -;Z o — 09 DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY — page 7 of 14 *Attest: � i A . - �n4� JAYCE6 HOLMAN, CITY CLERK o BEAL ,cb �o `r' Approved as to Content ''���01 BY: E KEITH WA TS, PURCHASING AGENT Dated: JO --2 1— 0 Approved as to Form 0CITY ATTORNEY Approval : Pete Friedman TITLE: Planning Manager Dated: ic..Z. o 41 9 DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY — page 8 of 14 r� u Attachment A SCOPE OF SERVICES Task 1 Identification of policy objectives and potential projects to comprise a City of Meridian Energy Strategy. HDR will assist city staff in indentifying objectives for an ongoing energy strategy that would assist city council in project and program prioritization. HDR will facilitate a brainstorming session with city staff and key stakeholders to identify a wide array of potential projects for high level assessment. Deliverables List of policy objectives. List of potential projects and relationship to policy objectives. Ass"mptions The City of Meridian will coordinate brainstorming session and invite appropriate stakeholders. The session will last 3 hours and up to 3 HDR staff will attend. Task 2 Preliminary high level assessment of potential projects. HDR will conduct a preliminary assessment of the potential projects and programs based on the main criteria developed by the US Department of Energy and the objectives Identified by the City in task 1. Deliverables Draft and Final Projects Matrix (excel) with High — Medium — Low scoring Assumptions Up to 25 potential projects will be assessed. One 2 hour meeting (3 HDR staff) will be conducted for matrix review. Two draft submittals will be sent to the City for review before final matrix is created. The City will compile all comments from different departments and stakeholders and send to HDR for revisions. 9 DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY — page 9 of 14 0 Task 3 Presentation of objectives and potential projects and programs to City Council for Inclusion In the Energy Efficiency and Conservation Strategy (EELS). HDR will assist city staff in presenting goals and project assessment matrix to city council. Deliverables PowerPoint Presentation Assumptions Two meetings (2 hours each) with city staff to prepare presentation. Attendance of city council session by 3 HDR staff. Task 4 Refined assessment of projects to be Included in the EECS. HDR will conduct a refined assessment of the projects identified by City Council during Task 3. This assessment will include numerical data to the extent possible. • Defiverxablss Draft Projects Matrix Final Project Matrix Assumptions Up to 15 potential projects will be assessed. Two 2 hours meetings (3 HDR staff) will be conducted for matrix review. Two draft submittals will be sent to the city for review before final matrix Is created. The city will compile comment from departments and stakeholders and send to HDR for revisions. Task 5 Produce EECS and present to City Council In addition to the specific projects, HDR will develop and Identify: ■ Funding leverage potential (combining funding from multiple sources that can include public and private capital and assets) to accomplish the most significant and long term benefits; ■ Goals to achieve Improved energy use, energy reductions, and efficiency Increases; DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY — page 10 of 14 • Greenhouse gas (GHG) emissions analyses to show GHG reductions and make the case for climate related benefits; • Key outcomes of the strategy will include: ■ Jobs created or retained ■ Energy saved (kwh/therms/galionsBTUs/etc) ■ Renewable energy capacity ■ GHG emissions reduced ■ Funds leveraged HDR will assist city staff in presenting the EECS to city council and Identifying projects for submittal to DOE for EECBG funds. Deliverables Draft EECS Final EECS PowerPoint Presentation Assumptions Three 2 hours meetings (3 HDR staff) will be conducted for EECS review. One meeting (2 hours) with city staff to prepare presentation. • Two draft submittals will be sent to the city for review before final matrix is created. The city will compile comment from departments and stakeholders and send to HDR for revisions. Attendance of city council session by 3 HDR staff. Task 6 Submit application to DOE Including SECS and specific projects. HDR will assist city staff with application to DOE Deliverables Application submittal with all attachments as required by DOE. Assumptions 3 meetings (2 hours each) with city staff to prepare forms and submit application. 9 DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY — page 11 of 14 • 0 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $48,800 excluding travel expenses. Fees will be billed for actual time worked per the attached rate sheet. Fees will be billed monthly for completed tasks only, per the following schedule of values. TASK DESCRIPTION AMOUNT 1 T&M 2 T&M 3 4 r. T&M T&M 5 T&M 6 T&M TOTAL $48,800.00 Travel expenses will be paid at no more than the City of Meridian's Trawl and Expense Reimbursement Policy. 0 DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY — page 12 of 14 HDR BILLING RATES DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY - page 13 of 14 2009 Employee Name Billing Rates Karen Hinz 63.52 Eric Sjoberg 65.6 Lonnie Davis 67.2 Kerri Chipman 67.52 Jennifer Griggs 69.22 Robert Waldher 69.92 Jesse Walters 70.4 Jed Glavin 72 Anh Nguyen 72 Jacob Hassard 76.8 Verena Winter 90.37 Corrinna Hugaboom 94.08 Bonnie Leggett 94.18 Meghann Donley 96 Christopher Everhart 96 Zachary Piepmeyer 96 Daniel Celaya 97.47 Diane Holioran 100.8 Michael Zeltner 100.8 Dina O'Reilly 101.12 Anna Zakhkowski 102.3 • Zelme Miller 103.68 Avygall Sanchez 107.1 Lauren Casey 110.24 Eric Mortensen 110.4 Michael Kasch 115.2 Richard Lovel 115.2 Courtney Sokol 115.3 Thomas Hamlin 116.51 Scott Martin 121.6 Miguel Gaddl 128.4 Oliver Kuehne 127.68 Bradley Kruger 128.48 Heather Carroll 132 James Hagar 132.8 Tim Landers 133.12 Jason Kent 138A Tim Thomure 140.8 Ernesto Mejia Jr. 141.12 David Gibney 141.73 Jeff Hansen 141.76 DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY - page 13 of 14 • Mario Benisch 141.79 Dale Anderson 144.77 Joel Bailin 145.12 Pepl Ursillo 145.6 Michael Miller 147.2 Steven Speth 148.8 David Vogt 149.6 Renee Schwecke 150.21 David Keil 150A Christine Whittaker 153.6 Shane Womack 157.41 Michael Murray 160 Katherine Eldridge 161.63 Junfeng Lang 164.8 Robert Bower JR 176.32 Sarah Clark 187.42 Andrew Graham 188 Henry Fenske Jr. 192 Michael Gilbrook 192 Jeannie Renne 192 James Wookott 195.68 John Evans li 200 Robert Bosco 204 Guy Carpenter 204.8 Ruth Abbe 207.68 John Koch 224 Karen Doherty 230.78 John Deakin 233.6 Tom Gould 260.8 David Roohk 261.76 John Maxwell 268.48 David Clark 285.06 0 DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY — page 14 of 14 . SCANNED • • MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. GE REQUEST Resolution No. to Revised CDBG Action Plan for Program Year 2009 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN RESOLUTION NO. (Da— 1039 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING SUBMISSION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2009 ACTION PLAN AS REVISED TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that an annual action plan be submitted to the United States Department of Housing and Urban Development ("HUD") in order to receive Community Development Block Grant ("CDBG") funding for Program Year 2009; WHEREAS, the City held a public hearing on the Program Year 2009 Action Plan on June 23, 2009, and held a public comment period on the draft application materials from June 23 to July 28, 2009; WHEREAS, with the adoption of Resolution No. 09-678, the City approved the Program Year 2009 Action Plan on August 11, 2009 and forwarded it to HUD for review and comment; and • WHEREAS, HUD reviewed the Program Year 2009 Action Plan, provided comments and requested revisions to the 2009 Action Plan in a letter to the City dated September 23, 2009; and WHEREAS, the City revised the Program Year 2009 Action Plan in accordance with comments provided by HUD, and this resolution is intended to SUPERSEDE and REPLACE Resolution No. 09-678; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the revised Program Year 2009 Action Plan and its certification documents, copies of which are attached hereto as EXHIBIT A and incorporated herein by reference, be, and the same hereby are, approved as to both form and content. Section 2. That this Resolution supersedes Resolution No. 09-678. Section 3. That the revised Program Year 2009 Action Plan attached hereto replaces the Action Plan approved by the City on August 11, 2009. Section 4. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attest the certifying documents for the Program Year 2009 Action Plan • for and on behalf of the City of Meridian. RESOLUTION APPROVING CDBG DOCUMENTS — Page 1 of 3 • Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of Oct., • • 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this 10 day of Oct., 2009. APPR Mayor y de Weerd ATTEST: \1I llliill �1 By: 1 Jaycee Ho an, City Clerk SEAL K0 o =� 'gyp r �s� , Z, ��• 111in11t oilN�� RESOLUTION APPROVING CDBG DOCUMENTS — Page 2 of 3 • Exhibit A: REVISED Community Development Block Grant Program Year 2009 Action Plan • CJ RESOLUTION APPROVING CDBG DOCUMENTS — Page 3 of 3 October 20, 2009 MEMORANDUM TO: Mayor De Weerd and City Council FROM: Matt Ellsworth CC: Anna Canning Caleb Hood RE: PY 2009 CDBG Action Plan Revisions • BACKGROUND The City adopted the Program Year 2009 (PY09) CDBG Action Plan with Resolution 09-678 on August 11, 2009. The Plan was then forwarded to HUD for review. UPDATE On September 28, 2009, staff received a letter from HUD requesting some additions and revisions to the City -adopted Action Plan. The letter directs the City to submit a revised Action Plan to HUD by October 23, 2009. Until HUD approves the PY09 Action Plan, the City cannot access CDBG funds for the current program year (October 1, 2009 — September 30, 2010). The letter and comments from HUD are included as Attachment 1. Based on HUD's comments and a review of the City -adopted PY2009 Action Plan, staff proposes the following changes: Change: Reduce total entitlement for PY2009 from $249,962 to $249,947. Reason: The actual award from HUD will be $15 less than their original estimate. Change: Increase budgeted amount for Program Administration from $49,467 to $49,947. Reason: The City used its entire Administration budget in PY2007, and is on pace to do the same in PY2008. Administration covers, among other things, City staff time spent administering/monitoring the program, and fulfilling various additional requirements. This is an administratively intense program, and staff feels that it is important for the City to receive the fullest allowable reimbursement for resources devoted to its implementation. HUD caps Planning Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org • 0 r 1 LJ Page 2 administrative expenditures at 20% of each annual entitlement, and the proposed budgeted amount is 19.98% of the PY09 award. Change: Decrease budgeted amount for Meridian Food Bank from $20,494 to $20,000. Reason: The increase in funding for Administration has to come from somewhere, and there are unused public service dollars from other activities in previous program years that can more than offset the reduction in PY09. As a result the Food Bank will actually receive a small increase in funding for the next 12 months over what is proposed in the City -adopted Action Plan. Staff discussed this change with the Food Bank on October 7, and they support it. The remainder of changes requested by staff will not impact proposed activities or their budgets; they are mostly "clean-ups" requested by HUD. A rundown of additional changes to the PY09 Action Plan is included as Attachment 2. ACTION REQUESTED That City Council approve Resolution Plan as described herein. Resolution NEXT STEPS revising the PY2009 CDBG Action is included as Attachment 3. Staff will forward the revised PY2009 Action Plan back to HUD to consider and (hopefully) approve so that the City can secure the next round of CDBG funding. Page 3 • Attachment 1: Letter & Comments from HUD on PY2009 Action Plan ENTpfi "®., U.S. Department of Housing and 400 southwest sixth Avenue. suite 700 Urban Development Portland, OR 97204-1632 (971) 222-2610 Region X Portland Field Office FAX (971) 222-2670 ag Community Planning $ Development Division 9e�tl orV��o� September 23, 2009 A''" Matthew P. Ellsworth Associate Planner & CDBG Administrator .1 City of Meridian Planning Department 33 East Broadway';1T sr,t Meridian, ID 83642 Dear Mr. EllsAvorth: SUBJECT: City of Meridian 2009 Annual Action Plan We are providing the enclosed review comments to provide feedback to the city on its Annual Action Plan for Program Year 2009. They summarize our review of the city, s Plan to meet the requirements at 24 GFR Part 91. The Annual Action Plan was received prior to the due date of August 16, 2009. Our review revealed a very organized and easy to read Annual Action Plan. This expedited the review process and we encourage the city to continue to use this format in future submissions. While the submission was detailed, it did not provide all of the information required by the regulations. Our review comments should be used to assist the city in ciarifymg the current Plan. Please submit a revised Annual Action Plan within 30 days of the date of this letter. Your cooperation and oversight of the CDBG program Nvtnch benefits low- and moderate -income residents in Meridian is sincerely appreciated. We look forward to working with the city to meet the goals of its 2009 Annual Action Plan. Please contact Niumanna K. Thomson, CPD Representative, at 971-222-2621 or via email t1 wTiannaK Thomson@ ud gov should you have questions regarding the CDBG program. Sincerely, lson, Director Community Planning and Development Page 4 Comments on the City of Meridian, Idaho's Annual Action Plan Program Year 2009 Community Development Block Grant Program (CDBG) COMMUNITY PLANNING AND DEVELOPMENT The following narrative contains the results of HUD's review of the Annual Action Flan for the city of Meridian. i Please note that any comments in bolded italics and marked with an arrow are to be addressed by the city As an appendix to our comments, we are enclosing a copy of HUD's Annual ActionReview Checklist for the city's use when responding. If the information in question has been included in the city's Annual Action Plan and HUD was unable to locate that information, please indicate the page or pages where we may find the missing information. General Comments 0 The city of Meridian's Annual Action Plan for the year 2009 was submitted on time. The discussion of citizen participation efforts was included in the Annual Action Plan as required. Y Please Provide proof of pnblication and a copy of thepublic announcement that opened the 30 day public comment period (Question 7, page]) Action Plan 24 CRR. 91.220 The Standard Form -424 was provided and signed by the appropriate official. Please -provide a corrected SF -424 reflecting the revised funding amount for the cit} of Meridian for PY2009 of $249,947 (Question 1, page]) Revisions to funding amounts are needed on the following pages, based on the funding amount of 5249,947: • 31-37 (Table 3C) • SI -54 (SF -424) 0 Page 1 of 7 Page 5 . Comments on the City of Meridian, Idaho's Annual Action Plan Program Year 2009 Community Development Block Grant Program (CDBG) Homeless and Other Special Needs Activities 24 CFR 91.220(1) The city was to include narrative indicating if supportive housing activities were being undertaken to address the priority housing needs of persons who are not homeless (elderly, frail elderly, persons with disabilities, persons with >F WAIDS, persons with alcohol or other substance abuse problems). Please provide additional narrative addressing the supportive housing needs mentioned above (Question 3, page 3) Other Actions 24 CFR 91.220M I The infortuation provided by the city was sufficient to satisfy the requirements in this section. Program Specific Requirements 24 C1+R, 91.220 0 CDBG The total amount of funds allocated did not equal the amount of the grant. 07zen tire Tables 3C have been revised, please ensure that the funding allotted to each activity will add up to the grant amount (Question 1 a, page 4) HOME This section is not applicable to the city of Meridian. American Dream Downnavment Initiative This section is not applicable to the city of Meridian. HOPWA This section is not applicable to the city of Meridian. 0 Page 3 of 7 Page 6 • Comments on the City of Meridian, Idaho's Annual Action Plan Program Year 2009 Community Development Block Grant Program (CDBG) Monitoring 24 CFR 91.230 The Action Plan was to describe the standards and procedures that the city will use to monitor activities carried out in furtherance of the plan. lv Please provide narrative responding to this requirement (Question], page 5) The Action Plan was to describe the actions to betaken by the city to monitor its performance in meeting its goats and objectives set forth in its Consolidated Plan. v Please provide narrative responding to this requirement (Question 2, page 5) The Action Plan was to describe the steps/actions being taken to ensure compliance with program requirements, including requirements involving the timeliness of expenditures. r Please provide narrative responding to this requirement (Question 3, page 6) The Action Plan was to describe the steps/actions the city will use to ensure long-term compliance with housing codes, including any actions or on-site inspections it plans to undertake during the program year. �- Please provide narrative responding to this requirement (Question 4, page 6) The Action Plan was to describe actions to be taken by the city to monitor its subrecipients, including sponsors or administering agents. � 0 Please provide narrative responding to tit'is tit'srequirement (Question 5, page 6) Certifieations 24 CFR 91.225 Our review included ensuring the completeness and accuracy of required certifications. All certifications were in order. Page 4 of 7 Page 7 Comments on the City of Meridian, Idaho's Annual Action Plan Program Year 2009 Community Development Block Grant Program (CDBG) Tables The tables that Meridian has submitted for PY 2009 are complete with the exception of Table 3C. As mentioned under the Action Plan heading, Please revise all activity funding amounts and resubmit Table 3Cfor all PY 2009 activities to include the following additional adjustments: 9 Project Title —Boise Cit}/Ada County housing Authority Homeownership • Please indicate the estimated number of units upon completion when resubmitting • The Objective on the table in item 3 on page 12 oftate Plan should be changed to LMLO Y Project Title — Centennial Park • 4fter review of this activity, we feel that the eorrect Matrix Code should be 3F (Parks, Recreational Facilities) • Additionally, the Annual Units and Units Upon Completion do not match the Performance Indicators found on Table 3A (five residents vs. one unit) and we suggest • that the Performance Indicators on Table 3A may need to be a4ussted for PY 2009 and the Multi -Year Goal statement revised • Under the description the last sentence indicates that the city will prepare a sumM- in fact, the city will be completing a survey and we as the city to provide a revised description when updating this table ➢ Project Title — Five Mile Creek Pathway, Segment H.1 After review of this activity?, we feet the correct Matrix Code should be 3E (Neighborhood Facilities, there is no change to rite CDBG Citation Additionally, the Annual Units and Units Upon Completion do not match tire Performance Indicators found on Table 3A (ive residents vs� one facility improvement and we suggest that the Performance Indicators on Table 3A may need to be adjusted for PY 2009 and the Multi -Year Goal statement revised :> Project Title — Boys & Girls Club Transportation Program After review of tuts activity, we feel the correct Matrix Code should be 05E (Transportation Services) and the correct CDBG Citation should be 24 CFR 590.201(e) Additionally, as the activity proposes to serve a Low/Mod Clientele (LMQ, please review LMC criteria found in the CDBG Desk Guide starting on page 3-14 to ensure that the city will be able to document that at least 51 % of the beneficiaries of the activity will be LIM income persons Page 5 of 7 • Page 8 . Comments on the City of Meridian, Idaho's Annual Action Plan Program Year 2009 Community Development Block Grant Program (CDBG) Please advise if the students who will be using this service are currently enrolled as members of the Meridian Boys and Girls Club We also refer the city to Chapter 7, Public Services, in the Basically CDBG manual for farther information on Public Service activities and LAIC We renaiud the city to review item 3 on page 2-19 and 2-10 in the handbook "Playing by the Rules" to ensure this activity is in compliance with the regulations 't Project Title — Meridian Food Bank After review of this activity, we feel the correct Matrix Code should be 05 (Public Services — General) and the correct CDBG Citation should be 24 CFR 570.201(e) As a LMC activity, it must primarily benefit low- and moderate-incooie persons and we ask that the city please ensure that adequate docunaentatdon exists to verify that the beneficiaries of this activity are indeed LAIC We would like a brief statement indicating how the food bank determines income to ensure that this activity meets LAIC criteria > Project Title — Facade Improvements . After review of this activity, we ask that the city resubmit the table revising o The Objective Number (there are no BD -1 categories) o The Matrix Code to 14E (the one listed is for acquisition of real property) BOISE STATE FIELD OFFICE Meridian's Action Plan is focused on a few very simple objectives that can be successfully completed. This year's plan shows more flexibility than previous pians with priorities and financial commitments snif inga towards programs that are working very well. City staffers continue to do a good job with an ongoing effort to connect to a wide variety of community partners. Early on in the plan, the city recognizes that one planned activity, equipment installation in Centennial Park is not in a designated LMI neighborhood -- a red flag regarding the use of CDBG funding. This recognition is repeated more than once in the plan, but it appears that this is not explained until later in the plan (page 17) that a neighborhood income survey is being conducted for the park in question. Perhaps an earlier mention is warranted. City staff has shown great flexibility in responding to public input and moving resources to programs that work. In one case, this means boosting budgeted amounts from $25,000 to $35,000 to support homebuyers working through the Boise City/Ada County Housing Authority's Housing Choice Voucher Homeownership program. 0 Page 6 of 7 Page 9 Comments on the City of Meridian, Idaho's Annual Action Plan Program Year 2009 Community Development Block Grant Program (CDBG) Staff also showed great candor in explaining the reasons why the City intends to `overhaul" its Comprehensive Plan. PUBLIC HOUSING SEATTLE REGIONAL OFFICE The Action Plan is considered complete with no items missing in any of the reviewed areas. There are no further comments. FHEO SEATTLE REGIONAL OFFICE The office of Fair housing and Equal Opportunity (FHEO) has reviewed the 2049 Annual Action Plan for the city of Meridian and its certification for affirmatively furthering and complying with anti -discrimination laws. At this time we accept with conditions the city's certifications. However please note the following comments: • The Action Plan is designed to show that the specific activities to be carried out during the applicable one-year period are consistent with the five-year strategy of its Consolidated Plan. Specifically, the plan should describe activities that address the housing needs of racial and ethnic groups, the needs of persons with disabilities and the activities that will remove fair housing impediments. We are not able to determine these factors from the information included in the Action Plan. 9 Page 7 of 7 Page 10 0 Attachment 2: Additional Changes to PY09 Action Plan Pg. ii: Revised table of contents Pg. 3: Revised Table 1 to reflect adjusted dollar amounts. Pg. 3: Added new footnote (number 2) explaining eligibility survey for Centennial Park improvements. Pg. 4: Revised Table 2 to reflect adjusted dollar amounts. Pg. 5: Revised dollar amounts. Pg. 11: Revised dollar amounts in text and table. Pg. 12: Changed Objective for Homeownership Assistance to Low Moderate Housing (LMH) from Low Moderate Clientele (LMC). Pg. 13: Revised dollar amounts in text and table. Pg. 13: Revised Table 3 to reflect adjusted dollar amounts. 0 Pg. 17: Revised dollar amount in text. Pg. 18: Added new monitoring narrative. Pg. 25 — 29: Revised Table 3.A by: a. Adding Specific Annual Objective SL 1.1 for public facility projects. b. Clarifying and revising Performance Indicators throughout. Pg. 32 — 38: Revised dollar amounts, HUD Matrix Codes, Performance Indicators, CDBG Citations, etc. in Tables 3C. 0 Page 11 • Attachment 3: Resolution , revising the PY09 CDBG Action Plan • • 0 0 • COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009 ACTION PLAN CITY OF V1ZIDIAN 33 East Broadway Avenue Meridian, ID 83642 208/888-4433 Q Upon request, this document will be provided in a format accessible to persons with disabilities and/or persons with limited English proficiency. The City of Meridian prohibits discrimination on the basis of race, color, sex, religion, national origin, handicap, or familial status. City of Meridian, Idaho 2009 Action Plan 0 TABLE OF CONTENTS CITY OF MERIDIAN, IDAHO 2009 ACTION PLAN City of Meridian, Idaho 2009 Action Plan SECTION PAGE Introductlon i 1. Purpose of this Document 1 W2. City of Meridian CDBG Program Mission Statemen" 3. Consolidated Plan 1 :4. Action Plan 5. CAPER 2 6. Submittal to HUD 2 lExecuflveSummary2 1. Summary of PY2009 Objectives and Outcomes 4 2. Evaluation of the City's Past Performance 6 3. Summary of the Citizen Participation Process 6 A. Participation B. Public Meetings 7 C. Access to Information 7 D. PY09 Process 7 E. Efforts to Broaden Public Participation ".>.' 8 '`'- 4. Summary of Public Comments 8 —71 5. Summary of Comments not Accepted 8 RmurveS 9 1. Federal, State, and Local Resources 9 Objectives, Activities, & Measures 11 1. Communi vements/Sustainable Living Environment 11 2. Economic Opportunity 3. Affordable Homeownership Opportunity 12 4. Administration 13 5. Allocations Summary 13 lGeographle Distribution 14 Additlonal Requirements 15 1. Affordable Housing 15 2. Public Housin 15 3. Homelessness and Other S al Needs 15 Ift-4 ,Barriers to Affordable Housing a W 16;' 5. Other Activities 16 jftSpedflc Requirements 17 1. PY2009 CDBG Activities to Benefit LMI Persons 17 IMonitoringIS Appendices Appendix A: Maps19 WA nd x B: Tables , 24,= _ , dix C: Certifications 39 • &Appendix D: SF 424 Form Appendix E: Proof Publication, Public Comment Period 51 60 of City of Meridian, Idaho 2009 Action Plan • 2009 Program Year Action Plan Introduction 1. Purpose of this Document The City of Meridian is a designated entitlement community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to receive funds from HUD's Community Development Block Grant (CBDG) Program. The 2009 program year will mark the City's third year as an entitlement community. Federal regulations (24 CFR § 91.200(a) and 91.220) require the City to submit an action plan each year that describes how CDBG funds will be invested in the community. The 2009 Action Plan was developed with a strong emphasis on community input, following the Citizen Participation Plan set forth in Meridian's 2007 - 2011 Consolidated Plan. Through this planning effort, the City has prepared the following strategy, which will guide program expenditures over the next Program Year (PY); October 1, 2009 through September 30, 2010. • 2. City of Meridian CDBG Program Mission Statement In accordance with the overarching goals of the CDBG program, as set forth in 24 CFR § 91.1(a)(1), the City's mission is to utilize CDBG funding to develop viable urban communities by providing decent housing, providing a suitable living environment, and expanding economic opportunities principally for low/moderate income (LMI) persons. The City's primary means toward this end shall be to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and non-profit organizations, in the production and operation of affordable housing. 3. Consolidated Plan A consolidated plan must be submitted every three to five years to receive federal CDBG funds. The Consolidated Plan typically results from a collaborative process where a community can scrutinize its current situation and establish a unified vision for community development actions. It provides local jurisdictions an approach to shape various housing and community development programs. The City of Meridian's Consolidated Plan spans program years 2007 through 2011 and addresses the community's most critical housing and community development needs. 4. Action Plan For every year identified in the Consolidated Plan, the City of Meridian is required to prepare a one-year Action Plan to notify citizens and HUD officials of the City's intended actions to occur during that specific year. The PY2009 Action Plan identifies the objectives the City hopes to achieve from October 1, 2009 through September 30, 2010, and outlines the activities the City will undertake to achieve those objectives. • City of Meridian, Idaho 2009 Action Plan 0 • 5. CAPER At the end of each program year, the City of Meridian prepares a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year's accomplishments. This information allows HUD, city officials, and the general public to evaluate the City's performance and determine whether the activities undertaken during the year helped to (1) meet the City's five-year goals and (2) address priority needs identified in the Consolidated Plan and the Annual Action Plan. This annual performance report, prepared with public review and comment, is submitted to HUD annually no later than December 31. 6. Submittal to HUD In compliance with 24 CFR § 91.15(a), and in order to maintain continuity in its program and provide accountability to citizens, the City shall submit this action plan no later than August 15, 2009. The City shall submit on an annual basis a summary of its citizen participation and consultation process, an annual action plan, and all required certifications. At least every five years, the City shall submit a housing and homeless needs assessment, market analysis and strategic plan. City of Meridian, Idaho 2009 Action Plan 2 rExecutive Summary As an Entitlement Community, the City of Meridian receives CDBG funds each year from the U.S. Department of Housing and Urban Development. Program Year 2009 (PY09) funding for the City of Meridian is anticipated in the amount of $249,947.00. Funds will be used to address priorities within the HUD performance measurement system to: (1) create a suitable living environment for Meridian residents, (2) provide decent housing for Meridian residents and (3) create economic opportunities for Meridian residents. Activities planned in PY09 focus primarily on LMI beneficiaries. Meridian will invest CDBG funds in public facility projects in LMI neighborhoods', homeownership assistance, and public services (assistance for general services at the Meridian Food Bank, and a new transportation service for kids at targeted schools to the Boys & Girls Club), all of which are LMI expenditures. The two public facility projects planned in LMI neighborhoods are (1) a multi -use pathway along Five Mile Creek from Fairview Avenue to Pine Avenue (within Census Tract 010321, Block Group 1), and (2) equipment installation in Centennial Park (located just south of Census Tract 010321, Block Group 1)2. The City will also support facade improvements in the urban renewal area (URA), and devote the remaining PY2009 funds to CDBG program administration. Table 1 provides a general summary of activities planned in PY09. Table 1: Summary of Activity and Categorical Expenditures ' Under the exceptional criteria, Meridian has three census blocks that qualify as LMA (low/moderate income areas). They are Census Tract 10322, Block Group 1 (45% LMI), Census Tract 10322, Block Group 2 (72.05% LMI), and Census Tract 10321, Block Group 2 (46.1 % LMI). 2 The City completed a survey of residents in the Park's service area in October to confirm project eligibility. City of Meridian, Idaho 2009 Action Plan 3 Activity Categorical Categorical Category Expenditure Total Total Percentage Administration & Planning - 20% $49,947.00 TOTAL $49,947.00 20% Public Services -15% Boys & Girls Club $17,000.00 Meridian Food Bank $20,000.00 TOTAL $37,000.00 151ya Public Facilities Fire Mile Creek Pathway Envt & CW $33,000.00 Centennial Park Improvements $55,000.00 TOTAL $88,000.00 35% Affordable Housing Homebuyer Assistance $35,000.00 TOTAL $35,000.00 14% Slum & Blight Facade Improvements $40,000.00 TOTAL $40,000.00 16% SUBTOTAL $249,947.00 100% ' Under the exceptional criteria, Meridian has three census blocks that qualify as LMA (low/moderate income areas). They are Census Tract 10322, Block Group 1 (45% LMI), Census Tract 10322, Block Group 2 (72.05% LMI), and Census Tract 10321, Block Group 2 (46.1 % LMI). 2 The City completed a survey of residents in the Park's service area in October to confirm project eligibility. City of Meridian, Idaho 2009 Action Plan 3 • 1. Summary of PY 2009 Objectives and Outcomes In Program Year 2009, the City will invest CDBG funds according to the following priorities. Priority explanations, with rationale for their selection and relative order, follow each: • e PY09 Priority #1: Community Improvement (Suitable Living Environment) Public facility projects that are available to the broader general public (i.e. not intended for a specific group like seniors, or children) have been somewhat lacking in past years. This year, the City will place a greater emphasis on this sort of public facility project to ensure a more balanced distribution of available resources over time. Public service activities are essential in the current economic climate. The Food Bank has experienced a considerable increase in demand in recent months, and CDBG assistance will be a tremendous help in allowing them to continue providing food to area residents in need. The Boys and Girls Club provides food and countless other activities and educational/recreational opportunities to children at the Club that may not be available otherwise. Providing low-income children with a means to access these services is a top priority. e PY09 Priority #2: Economic Development (URA Revitalization) Economic Development through revitalization of the URA is a top priority in order to entice additional investment where it is needed most. The City feels that it is important to continue implementing the URA revitalization strategy, and addressing blight is a key component of that strategy. e PY09 Priority #3: Affordable Housing (Homeownership) The partnership with BCACHA in PY2008 was a huge success. Providing decent housing is a primary component of the CDBG program, and housing costs are lower than they have been in recent years. Continuing this partnership is the City's third highest priority for the upcoming program year. Table 2: Summary of Expenditures by Priority PY2009 Priority Amount of PY09 CDBG Funds Allocated Percent of PY09 CDBG Funds Allocated Community ImprovemeM/Sultable Living Environment (Total) $125,000.OD 50% Public Facilities $88,000.00 350/6 Public Services $37,000.00 15% Economic Development $40,000.00 16% Affordable Housing $355,000.00 14% Administration $49,947.00 20% TOTAL $249,947.00 100% City of Meridian, Idaho 2009 Action Plan • A summary of anticipated outcomes within these priorities is as follows: PY09 Priority #1: Community Improvement $125,000.00 OBJECTIVE: Provide a suitable living environment and support neighborhood revitalization activities in Meridian's LMI Areas that promote public health, safety and welfare. ANTICIPATED OUTCOMES: 1. Centennial Park: Install playground equipment and other amenities in Centennial Park; 2. Five Mile Creek Pathway, Segment H.1: Begin construction of a multi -use pathway along Five Mile Creek; 3. Public Services: Engage in public service activities with non-profit service providers to promote health, safety, and welfare for LMI residents: a. Boys & Girls Club: Initiate a bussing program to transport students from Peregrine Elementary, Meridian Middle, and Meridian High to the Boys & Girls Club after school; b. Meridian Food Bank: Provide general service assistance. Is PY09 Priority #2 Economic Development $40,000.00 OBJECTIVE: Improve economic conditions in the Urban Renewal Area by addressing slum and blight. ANTICIPATED OUTCOMES: 1. Fagade Improvements: Partner with Meridian Development Corporation to complete one fagade improvement project to address slum and blight in the URA; 2. Other: Support the efforts of Meridian Development Corporation to target businesses that will fit well with Meridian's downtown revitalization vision. PY09 Priority #3 Affordable Housing $35,000.00 OBJECTIVE: Improve affordable homeownership opportunities for low income families. ANTICIPATED OUTCOMES: 1. Homebuyer Assistance: Partner with Boise City/Ada County Housing Authority to provide affordable housing opportunities; 2. Other: One Fair Housing awareness activity; 3. Other: Increase awareness of affordable homeownership opportunities and programs. City of Meridian, Idaho 2009 Action Plan • 2. Evaluation of the City's Past Performance The City has successfully applied for and received the following CDBG grants through the Idaho CDBG Small Cities Program. Awarded Amount Project Status 1985 $272,697 Revolving Loan Fund Closed Out 1985 $4,388 Renovate Senior Center Closed Out 1987 $5,000 Renovate Senior Center Closed Out 1988 $400,000 Public Infrastructure Closed Out 1991 $400,000 Downtown Revitalization Closed Out 1995 $52,000 Renovate Senior Center Closed Out 2004 $100,000 Renovate Senior Center Closed Out 2006 $52,900 Renovate Senior Center Closed Out 2006 $250,000 Job Creation Closed Out 2007 $230,544 CDBG Entitlement Processing 2008 $237,775 CDBG Entitlement Processing 3. Summary of the Citizen Participation Process The City of Meridian employs a comprehensive citizen participation process for all CDBG projects and activities. The City solicits input from Meridian residents in all phases of its Community Development efforts, from the initial planning and project/program implementation to reporting and assessing accomplishments/outcomes. This process fosters the open and inclusive identification of needs and delivery of services to City residents. It also helps to ensure that the overall direction of the CDBG program is (1) consistent with residents' expectations and (2) responsive to neighborhood concerns. A summary of this process is presented below as identified in 24 CFR § 91.220(b). A complete copy of the Citizen Participation Plan can be found in the Appendix of the 2007 - 2011 Consolidated Plan. A. Participation The City encourages citizen participation in all stages of the planning process. From the drafting of the Consolidated Plan to the submittal of the annual Performance Evaluation Report, the City hosts Public Meetings, provides draft copies of the Plan, encourages, accepts and incorporates citizen input and feedback, and holds special public hearings whenever any substantial amendments are proposed. The City works with non-profit organizations to encourage the participation of program beneficiaries, including low- and moderate -income residents. Bi -lingual services and additional assistance for persons with disabilities are available upon request. City of Meridian, Idaho 2009 Action Plan • B. Public Meetings The bulk of Meridian's Citizen Participation process occurs through public meetings. Meridian CDBG staff hosts three public meeting during each phase of the funding cycle; one in preparation for the Consolidated Plan and its annual update through the One -Year Action Plan, one in conjunction with obtaining approval of the draft plans and the third with the City's Consolidated Annual Performance Evaluation Report process. These meetings give residents an opportunity to comment on all aspects of CDBG program administration, as well as all activities undertaken by the City. A similar public process ensues when substantial amendments are proposed to the Consolidated or Annual Action Plans. To solicit input on CDBG activities, the City publishes notices in the local newspaper, the Valley Times, as well as the regional newspaper, the Idaho Statesman, two weeks prior to each meeting. The notices include information about the availability of draft and final plans, which are typically available for public review at City Hall, the Public Library, and the Meridian Senior Center. City staff also approaches City Council periodically at their weekly public meetings to obtain feedback and direction on CDBG priorities, use of leftover funds, etc. This gives interested citizens an additional way to stay informed on how the program evolves over the year. C. Access to Information The City posts all CDBG-related plans (including the Consolidated Plan, annual action plans, • and CAPERs) on its website for public review and scrutiny. The CDBG portion of the City's website is located at http://www.meridiancit�org_/planning.aspx?id=244. is Draft versions of all plans are available for review and comment by citizens, public agencies, and other interested parties before they are considered and acted upon by City Council, and submitted to HUD. Copies of draft and final reports are available free of charge at Meridian City Hall. Requests for access to specific information can be made in advance and coordinated with City personnel. City staff is also available to persons or interested parties who require technical assistance in understanding the Plan, the preparation of comments, the preparation of requests for funding, or the process in general. Staff is readily available to receive and respond to any and all questions, comments, or concerns that arise about the CDBG program throughout the year. D. PY2009 Process Several brainstorming meetings were held among City staff to identify potential projects that meet the goals identified in the City's five year strategic plan. The City began developing its PY09 Action Plan in February with informal meetings, project eligibility research, etc. The City published notices in both the Idaho Statesman and Valley Times to announce a pre - draft public meeting that was held on June 15, 2009 at Meridian City Hall. No members of the public attended the meeting. City of Meridian, Idaho 2009 fiction Plan The following chronology summarizes the City's formal Public Participation efforts: • June 1: Published notice of plan development and pre -draft public meeting in Valley Times and Idaho Statesman. • June 8, 2009: Published notice of public hearingicomment period initiation in Valley Times. • June 10, 2009: Published notice of public hearing/comment period initiation in Idaho Statesman. • June 15, 2009: Pre -draft public meeting held at City Hall. • June 16, 2009: Proposed project prioritization by City Council (public meeting). • June 19, 2009: Draft Plan released for public review. Copies available at City Hall, Meridian Public Library, Meridian Senior Center, and online. • June 23, 2009: Opened public hearing and comment period. • June 28, 2009: Closed public hearing and comment period. Council finalized plan and directed staff to prepare adopting resolution. • August 11, 2009: Council passed adopting resolution (formally adopted PY2009 Action Plan). • August 12, 2009: City sent adopted plan to HUD for review and consideration. E. Efforts to Broaden Public Participation In addition to the steps outlined in the City's Citizen Participation Plan, staff also met with several non-profit entities to discuss possible projects and activities. On February 12, 2009, and again on April 16, 2009, staff met with the Meridian Faith Ambassadors, which is a • conglomerate of faith -based organizations interested in providing assistance to populations in need, to discuss the CDBG program and process. Staff attended Meridian Development Corporation Board meetings on March 11, 2009 to discuss fagade improvements, and also on May 13, 2009, for a more general presentation on use of CDBG funds. On May 20, 2009 staff gave a presentation to the Meridian Kiwanis Club on the intent of the CDBG program, and possible projects and activities to pursue. Throughout this outreach effort, staff received input that helped guide the formation of the PY09 Plan. 4. Summary of Public Comments The City received a letter from BoiseCity/Ada County Housing Authority (BCACHA) dated July 16, 2009. The letter requested an increase in the amount of funding proposed for homeownership assistance in the draft Action Plan. The draft Action Plan proposed $25,000.00 for this activity, and BCACHA requested $50,000.00. BCACHA reiterated this request with in- person testimony at the July 21 public hearing. The City decreased funding to a public facilities project in order to increase funding available for homeownership assistance. An amount sufficient to increase funding to the extent requested was not available in light of other priority activities, however, and BCACHA's subrecipient funding was only increased to $35,000.00. 5. Summary of Comments not Accepted: N/A IS City of Meridian, Idaho 2009 lection Plan Resources 1. Federal, State and Local Resources CDBG and City general funds are available to support program activities. The City may consider additional partnerships with Meridian Development Corporation (MDC) and Boise City/Ada County Housing Authority (BCACHA) to leverage available resources and achieve maximum results. The following funding sources have been identified to help address the needs of low/moderate income (LMI) individuals and families. Some resources may be directly leveraged to help fund CDBG eligible activities, in which case all HUD regulations and requirements regarding matching will be satisfied, pursuant to 24 CFR § 91.220(c)(2). While other resources may not be able to contribute directly toward CDBG-eligible activities, they may be able to provide assistance to related support programs. These leveraged funds will be tracked and documented as part of the compliance monitoring process. Federal resources that may be made available ■ U.S. Department of Housing and Urban Development: - Section 8 Housing Choice Voucher Program HOME Investment Partnership Program • = Emergency Shelter Grant Housing Opportunities for Persons with AIDS is State resources that may be made available • Idaho Community Foundation ■ Idaho Housing and Finance Association ■ Idaho Department of Education ■ Idaho Department of Environmental Quality Idaho Association of Mortgage Brokers • Idaho Department of Agriculture ■ State Tax Credits City of Meridian, Idaho 2009 .action Plan ■ U.S. Department of Health and Human Services ■ U.S. Department of Education ■ Federal Housing Administration Homeownership Program ■ Fannie Mae • Federal Emergency Management Administration ■ U.S. Veterans Administration ■ Idaho Department of Health and Welfare: - Community Services Grant - Family and Child Services - Public Health Services - Domestic Violence Grant - Idaho Children's Trust Fund ■ Idaho Office on Aging ■ Idaho Department of Justice Local resources that may be made available • Meridian General Funds • • Meridian Development Corporation ■ Ada County Association of Realtors ■ Boise City/Ada County Housing Authority • Neighborhood Housing Services ■ Boise Valley Habitat for Humanity ■ Supportive Housing and Innovative Partnerships ■ El -Ada Community Action Partnership • United Way ■ Faith -based Organizations • Local utility companies ■ Individual and Business Donors ■ Civic Organization Donations ■ Volunteer in-kind services 0 • City of Meridian, Idaho 10 2009 Action Plan . Obiectives, Activities & Measures In PY09, the City of Meridian expects to spend the majority of CDBG funds to benefit low- and moderate -income persons or households, specifically addressing the LMI National Objective. The City's PY09 entitlement is anticipated at $249,947.00. Objectives, Activities, and Measures for each project/activity are outlined below. 1. Community Improvement/Suitable Living Environment: $125,000.00 OBJECTIVE: Provide a suitable living environment and support neighborhood revitalization activities in Meridian's LMI Areas that promote public health, safety, and welfare. To achieve this objective, the City will focus primarily on improving public facilities that serve LMI residents. Additional assistance will be provided to public service subrecipients to engage in activities that benefit LMI residents throughout the community. ACTIVITIES: • MEASURES: ■ Install playground equipment and other amenities in Centennial Park, located at 223 E. Idaho Avenue. ■ Begin construction of a multi -use pathway along Five Mile Creek through Census Track 010321, Block Group 1. ■ Engage in public service activities with non-profit service providers to promote health, safety, and welfare for LMI residents. ■ Centennial Park: One set of playground equipment and up to four (4) game tables installed for use by nearby residents. ■ Five Mile Creek Pathway: Begin construction of one multi -use pathway along Five Mile Creek through Census Track 010321, Block Group 1. Completion of the pathway is tentatively planned for PY2010. ■ Public Service: Assist up to two public service subrecipients in delivering services that promote health, safety, and welfare for LMI residents. Public Service subrecipients will include: o Boys & Girls Club: Initiate a bussing program to transport students from Peregrine Elementary, Meridian Middle, and Meridian High to the Boys & Girls Club after school; o Meridian Food Bank: Provide assistance to continue general services — to purchase food for area residents in need. City of Meridian, Idaho 11 2009 Action Plan Fun di Project Objective Citation Allocated Centennial Park LMA §570.201(c) $55,000.00 Five Mile Creek Pathway LMA §570.201(c) $33,000.00 Public Services LMC §570.201(e) $37,000.00 Boys & Girls Club $17,000.00 Meridian Food Bank $20.000.00 City of Meridian, Idaho 11 2009 Action Plan 2. Economic Opportunity: $ 40,000.00 40 OBJECTIVE: Improve economic conditions in the Urban Renewal Area (URA) by addressing slum and blight. The City will partner with Meridian Development Corporation to spark redevelopment and create economic opportunity by addressing blighted conditions in the URA. ACTIVITIES: The City will provide funding to the Meridian Development Corporation for its facade improvement program. MEASURES: One facade improvement project will be completed within the Urban Renewal Area. Project , Objective . Citation Funds Allocated Facade Improvements SBA §570.202(a)(3) $40,000.00 TOTAL $40,000.00 3. Affordable Homeownership Opportunity: $35,000.00 . OBJECTIVE: Improve affordable homeownership opportunities for eligible homebuyers. • The City will continue its partnership with BCACHA to expand homeownership opportunities for LMI individuals and families. ACTIVITIES: The City will provide funding to the Housing Authority to grant down payment, closing cost, and principle buy down assistance to LMI homebuyers identified through the Section 8 Program. MEASURES: Up to four (4) LMI homebuyers will be identified and assisted in the purchase of an affordable home. ``sPro'ect Ob active ` " Citation _ Funds Allocated Homeownership Assistance LMH §570.201(n) $35,000.00 TOTAL $35,000.00'] City of Meridian, Idaho 12 2009 Action Plan 4. Administration: $49,947.00 OBJECTIVE: The City will administer the CDBG Program in accordance with all applicable federal laws and regulations and in a manner consistent with the 2007 — 2011 Consolidated Plan. ACTIVITIES: ■ Oversee and coordinate inter jurisdictional and inter -agency rules. ■ Assist Mayor in the development and implementation of the Affordable Housing Task Force. ■ Ensure compliance with the Citizen Participation Plan. ■ Attend regional fair housing and other events. ■ Prepare program budgets, schedules, and any amendments. ■ Monitor, evaluate, and document audit results regarding the program, subrecipients, activities, etc. ■ Prepare reports and documents for submission to HUD. ■ Develop agreements to carry out program activities. ■ Complete training and other educational activities to enhance the CDBG administration process. ■ Assist in regional and community activities that promote awareness of fair housing and other CDBG-related issues. Project Objective Citation Funds Allocated 14 • Program Administration N/A §570.206 $49,947.00 TOTAL $49,947.00 • 5. Allocations Summary: $249,947.00 Table 3: PY09 Allocation Summary by Priority PY2009 Priority Amount of PY09 CDBG Funds Allocated Percent of PY09 CDBG. Funds Allocated Community Improvement/Suitable Living Environment (Total) $125,000.00 50% Public Facilities $88,000.00 350/6 Public Services $37,000.00 150/6 Economic Development $40,000.00 16% Affordable Housing $35,000.00 14% Administration $49,947.00 20% TOTAL ' $249,947.00 1006/6 City of Meridian, Idaho 2009 Action Plan 13 Geoirauhic Distribution is Meridian's low -moderate income area is depicted in Appendix A.1. The area is bisected by Meridian Road and Main Street, which, between the railroad and Cherry/Fairview, is the City's historic downtown core. East and west of Meridian/Main, the area is primarily residential in character with the exception of some light industrial uses adjacent to the rail line. Much of the single family/detached housing stock in the area was constructed in the early to mid 1900's. There are also several multi -family complexes and mobile home parks in the LMI area and immediate surrounding vicinity. The LMI Area is the focus of location -specific activities for the upcoming program year. The City will spend 63.8% ($128,000) of available PY09 funds on location -specific activities in this area (after removing the Administration and Planning allocation of 20% from the total entitlement). The following projects will occur in specific locations or pre -identified geographic area: 1. Centennial Park: The Park is located at 223 E. Idaho Avenue, just south of Census Tract 010321, Block Group 1. The area surrounding the park consists primarily of single family, detached residential units, with a limited amount of multi -family residential housing. A map of Centennial Park and the surrounding area is included in Appendix A.3. This project was selected because this residential area is underserved with parks and related recreational amenities. This project will address that need and increase the level of service for residents in the area. 2. Five Mile Creek Pathway: This pathway segment will traverse along the east side of Five Mile Creek from Fairview Avenue to Pine Avenue. The project is located in a pre -designated LMI area as identified • by HUD (Census Tract 010321, Block Group 1). A map of the pathway alignment and surrounding area is included in Appendix A.4. • 3. Fagade Improvements: The specific location of the fagade improvement project will be determined by the Meridian Development Corporation Board. MDC's jurisdiction is the City's Urban Renewal Area as established by City Council on August 27, 2002 and recognized by HUD on March 6, 2009. A map of the Urban Renewal Area is included in Appendix A.2. The remaining projects/activities for PY2009 are not tied to any specific geographic area. City of Meridian, Idaho 14 2009 Action Plan Additional Requirements • 1. Affordable Housing The City will partner with Boise City/Ada County Housing Authority (BCACHA) to expand affordable housing opportunity in PY2009. The City will continue funding to BCACHA for homeownership assistance to eligible prospective buyers identified through the Section 8 program. The homeownership assistance activity, which was a great success in PY2008, will receive $35,000.00 for continuation in PY2009. This will allow BCACHA to assist up to four eligible homebuyers in the upcoming program year. The City does not plan to provide monetary assistance for rental purposes in the upcoming program year, but will continue to facilitate discussions with area residents and service providers. 2. Public Housing The City does not plan to contribute monetarily to expanding public housing in PY2009, but will continue to encourage homeownership for eligible buyers as described above, and participate in the regional dialogue with neighboring communities and service providers to (1) define goals and formulate a public housing strategy, (2) identify potential funding sources to implement that strategy, and (3) involve new/broader segments of the community that have not been involved in such discussions in the past. 3. Homeless and Other Special Needs The City will invest PY09 funds to assist children from LMI families. The Boys & Girls Club will • receive public service assistance to implement an after school busing program to transport students from Peregrine Elementary, Meridian Middle, and Meridian High to the Club every day after school. The Club provides a wide variety of programs that will help to educate these children about social interaction, health, academics, and general life skills. The Club provides meals, tutoring, recreational programs, health education, and other activities. Lack of transportation is a primary reason for sporadic or non-attendance at the Club, and many children who are unable to participate in the Club's many activities are from working families with limited resources. These children often return home after school to empty households with no supervision and at times no dinner because parents are at work. The CDBG assisted after school transportation program will allow these at risk children to access the many programs and activities the Club already provides. In PY09, the City's efforts to address emergency shelter and transitional housing needs of homeless individuals and families, to prevent low-income individuals and families with children from becoming homeless, to help homeless persons make the transition to permanent housing and independent living, to address chronic homelessness, and to address the special needs of non -homeless persons will occur primarily through an ongoing partnership with the Boise City/Ada County Continuum of Care (CoC). PY09 CDBG funds will not be invested in activities specifically targeted to these objectives. The City will participate in the CoC to identify ways of supporting area housing providers' efforts to increase affordable transitional and permanent housing facilities. As additional information is obtained regarding homelessness within Meridian, the City will determine whether other federal, state or local/private funds can be leveraged with CDBG funding to effectively address these needs within the community in future program years. 0 City of Meridian, Idaho 15 2009 Action Plan 4. Barriers to Affordable Housing • While no CDBG funds will go to identifying or eliminating barriers to affordable housing, the City plans to overhaul its Comprehensive Plan in the upcoming program year. Part of the effort will include a reexamination of existing Comprehensive Plan goals, policies, and objectives pertaining to affordable housing. The housing component of the Plan rewrite will be guided by a housing sub -committee, which will be the first active step toward establishing an affordable housing task force. The task force, after assisting the City in retooling affordable housing policy, will continue working with the City to see that the policies formulated in the upcoming program year are carried forward to implementation. 0 0 5. Other Actions Over the course of the upcoming program year, the City will compile and disburse information on lead- based paint hazards in order to (1) educate the public, (2) gauge the prevalence of lead paint contamination, and (3) start to address the issue within the City. There is a wealth of information already available from HUD, the State, neighboring communities, and various organizations that staff will gather and make available at City Hall, on the City's website, and at other appropriate locations throughout the community. The City will continue to engage in the regional dialogue with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing, and reduce the number of families living in poverty. Through the Comprehensive Plan rewrite, the City will examine its own institutional structure and look for ways to enhance coordination between public and private housing and social service agencies. City of Meridian, Idaho 16 2009 Action Plan Program -Specific Requirements • 1. PY2009 CDBG Activities to Benefit LMI persons The majority of PY09 expenditures will benefit LMI persons. Centennial Park improvements and the Five Mile Creek Pathway will benefit LMI residents on an area basis, and homeownership assistance and public services will do so on a clientele basis. The locations of the affordable housing activities have yet to be determined. However, all housing activities will benefit LMI clientele. Similarly, the Public Service activities are not restricted to residents within any particular area. However, due either to documented recipient income (Boys & Girls Club) or the nature and location of the service (Meridian Food Bank), all Public Service activities will also benefit LMI clientele. Both Public Facility projects — Centennial Park and Five Mile Creek Pathway — are intended to serve LMI Areas. Although it is located just outside of the designated LMI Census Tracts, the City conducted an income survey to confirm that more than 51 % of residents in Centennial Park's service area are from LMI households3. Five Mile Creek Pathway is within an eligible Census Tract and Block Group (Census Track 010321, Block Group 1). Maps of Meridian's LMI Census Tracts are found in Appendix A. Maps of the two Public Facility projects are also included in Appendix A. • The City will spend a total of $160,000.00 on activities that benefit low -moderate income areas and individuals in the upcoming program year. Cumulatively, that constitutes 80% of the City's PY09 entitlement (after removing the Administration and Planning allocation). • 3 Survey results show that 76% of residents within the Park's service area are from LMI households. City of Meridian, Idaho 17 2009 Action Plan Monitoring ® The City will employ a combination of formal and informal procedures to ensure the effectiveness of the CDBG program. Each activity in the PY2009 Action Plan is unique, requiring different steps and participation of different partners. It is therefore difficult to standardize or establish a single procedure to adequately monitor all activities. Luckily, due to the number of activities, City staff is able to provide an appropriate level of attention to each activity to ensure that proposed activities adhere to program goals and requirements, and impact the community in the intended manner. The CDBG administrator will maintain regular contact with implementing partners and HUD staff to ensure that activities proposed in the Action Plan (1) comply with CDBG program requirements, (2) move forward on appropriate timelines, (3) adequately forward the goals and objectives in the Consolidated Plan, and (4) are completed successfully. As potential issues are identified, City staff will promptly contact our CPD representative to discuss appropriate ways to avoid and/or address any problems. To ensure compliance with federal regulations, including those regarding the timeliness of expenditures, the program administrator will (1) update IDIS regularly as requests for payment disbursement and activity reimbursement are received, (2) concurrently maintain a spreadsheet that tracks collective CDBG expenditures among all program years, and (3) continue working with the Finance Department on ways to refine and improve monitoring procedures. The City will maintain detailed records to enable staff, HUD, auditors and the public to determine the status of each funded activity, as well as the overall program. • The City will use a variety of techniques to monitor subrecipients and review for compliance. Expectations will be clearly outlined in subrecipient agreements, tailored specifically to each activity and subrecipient entity. Through phone conversations, written correspondence, desk monitoring, and on-site monitoring visits, staff will review each subrecipient's ability to meet the program's financial, production, and overall management requirements and make necessary determinations or take necessary actions to preserve program integrity. C] A full version of the City's monitoring plan is available in the 2007 — 2011 Consolidated Plan. City of Meridian, Idaho 18 2009 Action Plan • • C7 APPENDIX A: MAPS 1. LMI Census Block Groups 2. Urban Renewal Area 3. Centennial Park Vicinity 4. Five Mile Creek Pathway, Segment H.1 City of Meridian, Idaho 2009 Action Plan iV .7 • Appendix A.1: LMI Census Block Groups Census Tract 10321, Block Group 2 (46.06% LMI) Census Tract 10322, Block Group 1 (45.01 % LMI) Census Tract 10322, Block Group 2 (72.04% LMI) Apel 16, 2009 0 625 1,250 2,500 3,750 5,000 Fee! W CHERRY FAIRVIEW z a PINE Il tY LL C z w 0 zd o FRANKLIN J N Legend QLMI Census Block Groups (:itc of Meridian. Idalio 2009 Action Plan Low -Moderate Income Area Census Block Groups 20 C • Appendix A.2: Urban Renewal Area City of Meridian, Idaho 2009 Action Plan 21 LAWNOALE w CHERRY FAIRVIEW s ` w w w F NORTH GATE AN 3 Z EL M Z orn J N CROSSBILL Z ELM I �� Z a m 2 MAPLE � x BADLEY < Z S MA=LE CAMELLIA DRUCKER !—CAMELLIA CHERRY Z Z of CHERRY ~ WASHINGTON = m ~ < �a LL X �Nu = CARLTON N 3 = ' WASHINGTON w vi W x Lu r ASHFORD SHELLBROOK N 5 STATE y APPLEGATE STH CARLTON } z' = w CRITERION STATE C7 Q p H INE p = _ U o m IDAHO y w IDAHO N V) QQM r.q-L W h �' Z W m k%+ 5 BROA •WAY N y Q ? COMMERCIAL w RAILROAD � n ren BOWER TAYLOR ADA = TAYLOR KING o N y "Ill" FRANKLI CREST WOOD m = O' Z F F N Q PIPER 3 MMRA 6ARRETT u W pYp q ,�r �. FULMER KALISPELL 2 w Q GEM WHANOVER 0 4 O F- PENNWOOC T. E C RPORA E Legend GRET �� JL;OFtP TE w 7� 400R O A�TMAN "44 m .� Q Urban Renewal Area 2 �'9N ��y ¢ J Z EIDER O WALTMAN 0 p� Q� -Parks O HONKER Q Schools m VERBENA L) JACKSNIPE Q W 0 355 710 1,420 2,130 2,840 Feet City of Meridian, Idaho 2009 Action Plan 21 • 0 • Appendix A.3: Centennial Park Vicinity 0 7A -4jo 288 j --T!-4]" 560 iFe Centennial Park K) HO z E1[ BROADWAY Parks Proposed Park Improvements Centennial Park, March 30, 2009 City of Meridian. Idaho 2009 Action Plan 22 A • • 0 Appendix AA: Five Mile Creek Pathway, Segment HA April 20, 2009 Legend � Proposed Pathway Cm of Meridian. Idaho 2009 Action Plan Five Mile Creek Pathway Segment H . i, Proposed 23 was IIS ■�■ 01 ■ ■■■f t■1 ■ �` . : �� ■11■ ■��■ ��: �� •: : �� _ ■rrl■ .■ =���� 1 ■tl III�I _ :1■■ ■��1� : �i�►''�' '� �` IIYi 1■1111 1111 111111 �111���� .—`�■ ■ il■ ■■11 Legend � Proposed Pathway Cm of Meridian. Idaho 2009 Action Plan Five Mile Creek Pathway Segment H . i, Proposed 23 1�1 0 APPENDIX B: TABLES 1. Table 3A - Summary of Specific Annual Objectives 2. Table 3B — Annual Affordable Housing Completion Goals 3. Table 3C — Consolidated Plan Listing of Projects (1) Program Administration (2) Affordable Housing (3) Centennial Park (4) Five Mile Creek Pathway, Segment H.1 (5) Public Services a. Boys & Girls Club b. Meridian Food Bank (6) Fagade Improvements City of Meridian, Idaho 24 2009 Action Plan Appendix B.1 . Table 3A: Summary of Specific Annual Objectives • • Grantee Name: CITY OF MERIDIAN Avail abili /Accessib ili tyof Decent Housing H-1 Specific Annual Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed DH Objective 2-6: The City CDBG/ 2007 0 0 0 % 1.1 will help non-profit and Other 2008 0 0 0 % for-profit developers and 2009 0 0 % builders construct one (1) 2010 0 0 % new housing facility 2011 1 unit/facility 1 % MULTI-YEAR GOAL: One % (1) new housing or facilities for homeless, special needs, or elderly po ulations DH Objective 2-3: As deemed CDBG/ 2007 1 0 0 % 1.2 feasible the City will Other 2008 0 1 0 % acquire and demolish, 2009 0 0 % clear and/or dispose of 2010 0 0 % property to make way for 2011 0 0 % new affordable housing MULTI-YEAR GOAL: One % units (1) structure or lot acquired, removed, and/or disposed of DH Objective 2-8: Based upon CDBG/ 2007 0 0 0 % 13 availability, the City will Other 2008 0 0 0 % purchase a Dollar HUD 2009 0 0 % Home and sell as 2010 0 0 % affordable housing 2011 1 1 % 0 % MULTI-YEAR GOAL: One (1) HUD Dollar Home purchased, marketed Afforda ility of Decent Housing (DH -2) DH Objective 2-1: The City CDBG/ 2007 1 AHTF Estab. 1 1 100% 2.1 will create an Affordable Other 2008 0 0 % Housing Task Force to 2009 0 0 % make recommendations to 2010 0 0 % the Mayor and City 2011 0 0 % Council to facilitate the MULTI-YEAR GOAL: AHTF continues to work 1 1 100 % creation of, preservation of, and dissemination of information regarding affordable owner -occupied housing. toward improving affordable housing opportunities in the City DH Objective 2-2: The City CDBG/ 2007 Housing Units 0 0 0% 2.2 will invest CDBG funds in Other 2008 Housing Units 5 2 40% funding and filling 2009 Housing Units 1 % affordable housing units 2010 Housing Units 1 % 2011 Housing Units 2 % City of Meridian, Idaho 2009 Action Plan 25 0 0 • City of Meridian, Idaho 2009 Action Plan MULTI-YEAR GOAL: Five 9 22% (5) affordable housing units available to LMI residents DH Objective 2-7: The City CDBG/ 2007 Residents 150 % 2.3 will provide information, Other 2008 Residents 0 % referral to housing 2009 Residents 0 % counseling services, first- 2010 Residents 0 % time homebuyer 2011 Residents 0 % assistance, and accessibility improvements MULTI-YEAR GOAL: grants through Community Resource Directory Distribute to fifty (50) residents of Meridian's LMI Areas and one hundred (100) other residents Sustainability of Decent Housing (DH -3) DH Objective 2-4:The City CDBG/ 2007 Activities 1 1 100% 3.1 will participate on boards Other 2008 Activities 1 1 100% and committees of local 2009 Activities organizations and 2010 Activities cooperate with other local 2011 Activities governments to promote MULTI-YEAR GOAL: Five 5 2 40% affordable rental housing (5) fair housing activities opportunities DH Objective 2-5: CDBG/ 2007 Individuals 20 0 0% 3.2 planning/Building Other 2008 Individuals 20 0 0% Department will continue 2009 Individuals 20 to inform and educate the 2010 Individuals 20 public, non profit agencies, 2011 Individuals 20 MULTI-YEAR GOAL: One 100 0 0% and the private sector housing industry about the hundred (100) individuals dangers of lead-based paint educated on lead based paint DH Objective 2-9: The City CDBG/ 2007 Families 2 % 3.3 will support activities that Other 2008 Families 2 % increase the awareness of 2009 Families 2 % available affordable 2010 Families 2 % homeownership 2011 Families 2 % opportunities and 10 % programs MULTI-YEAR GOAL: Ten (10) families with increased awareness Availab' ity/Accessibility of Suitable Living Environment (SL -1) SL Objective 1-1: Invest in 2007 PF Activities 1 0 0 % 1.1 public facility (PF) 2008 PF Activities 1 2 200 % projects that help create a 2009 PF Activities 1 % suitable living 2010 PF Activities 1 % environment in LMI 2011 PF Activities 1 % neighborhoods. 5 2 40 % MULTI-YEAR GOAL City of Meridian, Idaho 2009 Action Plan • • Affordability of Suitable Living Environment (SL -2) SL N/A 2007 % 2.1 2008 % 2009 % 2010 % 2011 % MULTI-YEAR GOAL Sustainability of Suitable Living Environment (SL -3) SL Objective 3-1: Code CDBG/ 2007 CE Cases 2 % 3.1 Enforcement will help to Other 2008 CE Cases 2 % reduce deterioration of this 2009 CE Cases 2 % neighborhood by working 2010 CE Cases 2 % with residents to enforce 2011 CE Cases 2 % property maintenance MULT-YEAR GOAL: Ten 10 codes (10) CE Cases opened and resolved in LMI Census Tracts SL Objective 3-2: The City CDBG/ 2007 Activities 1 0 0% 3.2 will organize Other 2008 Activities 1 1 100% neighborhood clean-up 2009 Activities 1 % and/or improvement 2010 Activities 1 % activities 2011 Activities 1 % MULTI-YEAR GOAL: Five 5 1 20% (5) clean-up/and or improvement activities SL Objective 3-3: The City CDBG/ 2007 Residents 5 % 33 will help address key Other 2008 Residents 5 % social and human service 2009 Residents 5 % needs, especially those 2010 Residents 5 % related to family support, 2011 Residents 5 % youth development, child 25 % care, senior services, MULTI-YEAR GOAL: substance abuse, Twenty-five (25) LMI homelessness support residents assisted. services, financial counseling, victims of domestic violence, veteran's affairs, transportation, educational, and employment training City of Meridian, Idaho 2009 Action Plan `X 9 • Grantee Name: CITY OF MERIDIAN Availabili /Acces i ility of Economic Opportuni O-1 Specific Annual Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed EO N/A 2007 % 1.1 2008 % 2009 % 2010 % 2011 % MULTI-YEAR GOAL Affordability of Economic Opportunity (EO -2) EO N/A 2007 % 2.1 2008 % 2009 % 2010 % 2011 % MULTI-YEAR GOAL Sustainabili of Economic Opportunity (EO -3) EO Objective 1-1: The City CDBG/ 2007 Facades Improved 1 0 0 % 3.1 will support the efforts of Other 2008 Facades Improved 0 N/A the Meridian Development 2009 Facades Improved 1 % Corporation to implement 2010 Facades Improved 1 % the Urban Renewal Area 2011 Facades Improved 1 % Plan in revitalizing MULTI-YEAR GOAL: 4 0 0% downtown. Implement URA Plan through fagade improvements. EO Objective 1-2: The City CDBG/ 2007 0 0 % 3.2 will improve economic Other 2008 0 0 % conditions in the Meridian 2009 3 3 % Urban Renewal Area, 2010 3 3 % creating access to services 2011 4 4 % and jobs for LMI persons. 10 % MULTI-YEAR GOAL: Ten (10) businesses locate in Meridian URA Neighborhood Revitalization (NR -1) NR N/A 2007 % 1.1 2008 % 2009 % 2010 % 2011 % MULTI-YEAR GOAL Other (0-1) O N/A 2007 % 1.1 2008 % 2009 % 2010 % 2011 % City of Meridian, Idaho 2009 Action Plan 28 • • LJ City of Meridian, Idaho 2009 Action Plan 29 MULTI-YEAR GOAL I T Other (0-2) O N/A 2007 % 2.1 2008 % 2009 % 2010 % 2011 % MULTI-YEAR GOAL City of Meridian, Idaho 2009 Action Plan 29 ® Appendix B.2 Table 313: Annual Affordable Housing Completion Goals LJ • Grantee Name: City of Meridian Program Year: 2008 Expected Annual Number of Units To Be Completed Actual Annual Number of Units Completed Resources used during the period CDBG HOME ESG HOPW A BENEFICIARY GOALS Sec. 215 Only) Homeless households 0 ❑ ❑ ❑ ❑ Non -homeless households 0 ❑ ❑ ❑ ❑ Special needs households 0 ❑ ❑ ❑ ❑ Total Sec. 215 Beneficiaries* ❑ ❑ ❑ ❑ RENTAL GOALS Sec. 215 Only) Acquisition of existing units 0 ❑ ❑ ❑ Production of new units 0 ❑ ❑ ❑ Rehabilitation of existing units 0 ❑ ❑ ❑ ❑ Rental Assistance 0 ❑ ❑ ❑ Total Sec. 215 Affordable Rental 0 ❑ ❑ ❑ ❑ HOME OWNER GOALS Sec. 215 Only) Acquisition of existing units 0 ❑ ❑ Production of new units 0 ❑ ❑ Rehabilitation of existing units 0 ❑ ❑ Homebuyer Assistance 4 ® ❑ ❑ Total Sec. 215 Affordable Owner 4 ® ❑ ❑ ❑ COMBINED RENTAL AND OWNER GOALS Sec. 215 Only) Acquisition of existing units 0 ❑ ❑ ❑ Production of new units 0 ❑ ❑ ❑ Rehabilitation of existing units 0 ❑ ❑ ❑ ❑ City of Meridian, Idaho 2009 Action Plan 30 • • Rental Assistance 0 ❑ ❑ ❑ Homebuyer Assistance 4 ® ❑ ❑ Combined Total Sec. 215 Goals* 4 ® ❑ ❑ ❑ OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal ❑ ❑ ❑ ❑ Annual Owner Housing Goal 4 ® ❑ ❑ ❑ Total Overall Housing Goal 4 ® 1 ❑ 1 ❑ ❑ City of Meridian, Idaho 2009 Action Plan 31 C. • Appendix B.3(1) Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Program Administration PY2009 Program Administration Description The City's Overall CDBG program management, coordination, monitoring, reporting, and evaluation will include the following types of assistance: ■ Coordinating Fair Housing activities with Boise and Nampa ■ Ensuring compliance with the Citizen Participation Plan ■ Preparing program budgets, schedules and amendments ■ Evaluating program results against stated objectives ■ Monitoring program activities for progress and compliance; resolutve audit and monitoring findings ■ Preparing reports and other documents for submission to HUD ■ Developing agreements to carry out program activities ■ Coordinate training activities Objective category: ❑ Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Citywide as applicable Objective Number Project ID HUD Matrix Code CDBG Citation 21A 24 CFR § 570.206 Type of Recipient CDBG National Objective Entitlement N/A Start Date Completion Date 10/01/2009 09/30/2010 Performance Indicator Annual Units N/A N/A Local ID Units Upon Completion N/A C] City of Meridian, Idaho 2009 Action Plan Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $49,947.00 $49,947.00 ................................................................... $49,947.00 32 Appendix B.3(2) • Table 3C Consolidated Plan Listing of Projects 4 Jurisdiction's Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title Boise City/Ada County Housing Authority Homeownership Description The City will provide funding for the Boise City/Ada County Housing Authority to provide direct homeownership assistance to help LMI individuals purchase homes. Objective category: ❑ Suitable Living Environment ® Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility ® Affordability ❑ Sustainability Location/Target Area Citywide as applicable Objective Number Project II) DH 2.2 HUD Matrix Code CDBG Citation 13 24 CFR § 570.201(n) Type of Recipient CDBG National Objective Subrecipient LMH Start Date Completion Date 10/01/2009 09/30/2010 Performance Indicator Annual Units Housina Units 3 Local H) Units Upon Completion 3 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs • City of Meridian, Idaho 33 2009 Action Plan $35,000.00 $35,000.00 $35,000.00 • 4 Appendix B.3(3) Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Community Improvement — Public Facility Centennial Park Description The City will allocate $55,000.00 to purchase and install playground equipment, game tables, etc. in Centennial Park. The Park is not located in an approved LMI census block group, so the City is finalizing a survey (using PY2008 Administration funds) to confirm that the Park is eligible and appropriate for expenditure of CDBG funds. Survey results will be forwarded to HUD upon completion. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area 237 E. Idaho Avenue; Meridian, ID 83642 Census Tract 010321, Block Group 1. Objective Number Project ID SL1.1 HUD Matrix Code CDBG Citation 3F 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Entitlement LMA Start Date Completion Date 10/01/2009 09/30/2010 Performance Indicator Annual Units Public Facility Activity 1 Local ID Units Upon Completion 1 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs • City of Meridian, Idaho 34 2009 Action Plan $55,000.00 $55,000.00 $55,000.00 ............_...__............................................. Appendix B.3(4) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Community Improvement - Public Facilities Project Title Five Mile Creek Pathway, Segment H.1 Description The City will allocate $33,000.00 to complete any necessary environmental reviews and begin construction of Five Mile Creek Pathway, Segment H.1 through a Low -Moderate Income area within the City. This project will provide (1) a new recreational opportunity for residents in this area, and (2) a safe, convenient, non - motorized link to Downtown Meridian, via Pine Avenue to the south, and to the many businesses, employment opportunities, and services along Fairview Avenue to the north. Services located on Fairview near this pathway include the Idaho Department of Motor Vehicles (1769 N. Lakes Ave. Ste 100), Living Balance Counseling (1910 North Lakes Avenue), Hastings Books (1769 N. Lakes Avenue) and more. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area • 237 E. Idaho Avenue; Meridian, ID 83642 Census Tract 010321, Block Group 1. Objective Number Project ID SL1.1 HUD Matrix Code CDBG Citation 3E 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Entitlement LMA Start Date Completion Date 10/01/2009 09/30/2010 Performance Indicator Annual Units Public Facility Activity 1 .54 Local ED Units Upon Completion 1 4 Completion of the pathway is anticipated in a future program year. Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total City of Meridian, Idaho 35 2009 Action Plan $33,000.00 $33,000.00 $33,000.00 Appendix B.3(5)a Jurisdiction's Name: Priority Need: Project Title Description Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Community Improvement — Public Services Boys & Girls Club Transportation Program The City will provide assistance to the Meridian Boys & Girls Club to initiate a bussing program that will transport students from Peregrine Elementary, Meridian Middle, and Meridian High to the Club after school. CDBG funds will cover driver wages and fringe benefits, insurance, bus maintenance and repairs, and fuel. The bus will run every school day for the extent of the program year. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Boys & Girls Club — 911 N. Meridian Road; Census Tract 010322, Block Group 1 Peregrine Elementary —1860 W. Waltman St. eridian Middle —1507 N. West 8`h Street; Census Tract 010322, Block Group 1 eridian High —1900 W. Pine Avenue; West of/adjacent to Census Tract 010322, Block Group 1 Objective Number Project ID SLLI HUD Matrix Code CDBG Citation 05E 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 10/01/2009 09/30/2010 Performance Indicator Annual Units Residents 100 Local ID Units Upon Completion 100 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs • City of Meridian, Idaho 36 2009 Action Plan $17,000.00 $17,000.00 $17,000.00 Appendix B.3(5)b Jurisdiction's Name: Priority Need: Project Title: Description Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Community Improvement — Public Services Meridian Food Bank CDBG funding will assist the Meridian Food Bank in purchasing equipment and supplies related to their primary function; providing food to individuals and families in need. Equipment may include refrigerators/freezers for food storage, a truck to pick up and transport food, and computers to (1) track food, monetary donations, and inventory, and (2) monitor and report finances for documentation purposes. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Meridian Food Bank —15 E. Bower; East of/adjacent to Census Tract101322, Block Group 2 Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation 05 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subreci fent LMC Start Date Completion Date 10/01/2009 09/30/2010 Performance Indicator Annual Units Residents 600 Local ID Units Upon Completion 600 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs 9 City of Meridian, Idaho 37 2009 Action Plan $20,000.00 $20,000.00 ................................................................... $20,000.00 • Appendix B.3(6) Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Economic Development Fagade Improvements Description Partner with Meridian Development Corporation to complete one fagade improvement project to address slum and blight in the Urban Renewal Area. Objective category: ❑ Suitable Living Environment ❑ Decent Housing ® Economic Opportunity Outcome category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Project will be located within the City's urban renewal area. The exact location will be determined by the MDC Board. Objective Number Project ID E03.1 HUD Matrix Code CDBG Citation 14E 24 CFR § 570.202(a)(3) Type of Recipient CDBG National Objective Subrecipient SBA Start Date Completion Date 10/01/2009 09/30/2010 Performance Annual Units Indicator: 1 Facades improved Local ID Units Upon Completion 1 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs • City of Meridian, Idaho 38 2009 Action Plan $40,000.00 $40,000.00 $40,000.00 OAPPENDLX C: CERTIFICATIONS 0 • City of Meridian, Idaho 39 2009 Action Plan Nr�,�y$G CPMP Non -State Grantee Certifications D�O Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. Fj This certification does not apply. ® This certification is applicable. NON -STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti -Lobbying -- To the best of the jurisdiction's knowledge and belief: 8. 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 City of Meridian, Idaho 40 2009 Action Plan gft in connection with the awarding of any Federal contract, 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 contract, grant, loan, or cooperative agreement; 9. If any funds other than Federal appropriated funds have been paid or will be paid 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 this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signatye/uthorized Official Date i Name Title 33 E. Broadway Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number • City of Meridian, Idaho 41 2009 Action Plan This certification does not apply. ® This certification is applicable. Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2007, 2008, • 2009, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti -discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, ], K and R, of title 24; City of Meridian, Idaho 42 2009 Action Plan Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Date Name Title 33 E. Broadway Address Meridian Idaho 83642 City/State/Zip 208-888-4433 • Telephone Number is City of Meridian, Idaho 43 2009 Action Plan Wompliance with Laws -- It will comply with applicable laws. • • . . . . . . . . .`'� �o U Signatures thorized Official Date Name Title 33 E. Broadway Add ress Meridian, Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 43 2009 Action Plan ® This certification does not apply. D This certification is applicable. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; • Signature/Authorized Official Date • Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 45 2009 Action Plan U This certification does not apply. This certification is applicable. HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non -substantial rehabilitation or repair of a building or structure. Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 46 2009 Action Plan This certification does not apply. This certification is applicable. ESG Certifications I, Mayor Tammy de Weerd, Chief Executive Officer of Error! Not a valid link., certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. is 5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for • families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or City of Meridian, Idaho 47 2009 Action Plan • able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. • 12. The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client -level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law, and that the local government possesses legal authority to carry out grant activities In accordance with the applicable laws and regulatio the U. S. Department of Housing and Urban Development. Signatyr Authorized Official Date I Name Title 33 E. Broadway Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 48 2009 Action Plan ❑ This certification does not apply. ®This certification is applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug -Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug - Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street city County state Zi Meridian City Hall 33 E. Broadway Meridian Ada ID 83642 Meridian City Hall Annex 703 N. Main St. Meridian Ada ID 83642 Meridian Planning Department 660 E. Watertower Meridian Ada ID 83642 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if City of Meridian, Idaho 49 2009 Action Plan used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti -displacement and Relocation Plan Signatur / uthorized Official Date t Name Title 33 E. Broadway Address Meridian Idaho 83642 -City/State/Zip 208-888-4433 Telephone Number • City of Meridian, Idaho 50 2009 Action Plan 0 • APPENDIX D: SF 424 City of Meridian, Idaho 2009 Action Plan 51 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letters) ❑ Preapplication ❑ New ® Application ® Continuation *Other (Specify) ❑ Changed/Corrected Application ❑ Revision 3. Date Received: 4. Applicant Identifier. 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier. 8. APPLICANT INFORMATION: *a. Legal Name: CITY OF MERIDIAN, IDAHO *b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 82-6000225 028 451 367 d. Address: *Street 1: 33 E. Broadway Street 2: *City: Meridian County: Ada *State: Idaho Province: *Country: USA *Zip / Postal Code 83642 e. Organizational Unit: Department Name: Division Name: Meridian Planning Department f. Name and contact Information of person to be contacted on matters Involving this application: Prefix: *First Name: Matthew Middle Name: *Last Name: Ellsworth Suffix: City of Meridian, Idaho 2009 Action Plan 52 C U Title: Associate City Planner and CDBG Administrator Organizational Affiliation: *Telephone Number. 208-884-5533 Fax Number. 208-888-6854 *Email: mellsworth@meridiancity.org OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: HUD 11. Catalog of Federal Domestic Assistance Number: CFDA Title: *12 Funding Opportunity Number: 14.218 *Title: COMMUNITY DEVELOPMENT BLOCK GRANWENTITLEMENT GRANTS 13. Competition Identification Number: Title: City of Meridian, Idaho 2009 Action Plan 53 C OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 16. Congressional Districts Of: *a. Applicant: 1 *b. Program/Project: 1 17. Proposed Project: *a. Start Date: 10/01/2009 *b. End Date: 09/30/2010 18. Estimated Funding ($): *a. Federal 249,947 *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 249,947 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ❑ Yes ® No 21. *By signing this application, I certify 1 to the statements contained in the list of certifications** and 2 that the statements City of Meridian, Idaho 2009 Action Plan 54 L ---A herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances*" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® "I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: *First Name: Tammy Middle Name: *Last Name: De Weerd Suffix: *Title: Mayor *Telephone Number: 208-888-4433 Fax Number: 208-884-8723 * Email: deweerdt@meddiancity.org *Signature of Authorized Represent ��/' *Date Signed: 0 Vim, Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) C� • Prescribed by OMB Circular A-102 9 City of Meridian, Idaho 55 2009 Action Plan • • • OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version02 City of Meridian, Idaho 56 2009 Action Plan City of Meridian, Idaho 57 2009 Action Plan • • INSTRUCTIONS FOR Tiff SF424 ;`, do a _ �� .e i . - m. d 1�... '•t� gel I ': � •►I,:I .e„-_ n -:..u.;.% i... : � �1 � :I ,Ire � a � � ..n x - . I a �e l •'. a, i .. n;a :• � c r_ -!A • .yn.,, -;:, a �: "U”Bei �F .I^1 L° . I f� 3 F _illa� C'K'i - MA+7.M i . •I , 7 P 4 `I I. vi —J �, 115F. r 1I4 . 1411M IZ13r!•.,;1all: 1:902 11 1 WAMI 1.;fir. I� -� — I 1:k `l •`4 iR1: X71.1' � �► 'rya .-.p. This is a stand f= (hmhxlimg the coudunadm shoot) segaired for vae as a cater motet for suburb as of preapp9 mftns and g4rHradm amd agitated "mfWmztum —A dscretanary progams. Some of the itrmLs are required stud wr ae mte aplianal at the duaericn of ttre apphcamt or line Faeftml apnq fta=y). Requkid ftem are Wamfiffed with = asteaask an the fomai mind are sperifted i m the h=rmevans be=. Bin shilmon to tke mstrurtEam promded laelotcr apphtem mut ceausah apzry but ucmimu to dezenmhe spedfie requaezawL Item Enbr, item 1. Type of Submission: (Requaedr Select one type of submiss-m in accordance with agerM instruction. 10. Dame Of Federal Agenty. (Rezqdired) Enterthe mance off tine Federal agency firman gide asashwee Es beim requested with Pr fication this appEcatilm. App"_"nation 11. Catalog Of Federal Dentestic Assistance Numbed itle: ChangedlGarrected Applicaton - ff requested by the agency. check if this submission is to dkange or correct a prey ply submitted Enter the Catalog al Federal Gwnesft Assistance momtier and aWcation. Unless requested by the agency. applicants may not use this t® submit changes attar the dzsing date. title of the prograrn under which ass5stance is reed. as found in the program announcement, ff app--zab5e. 2. Type of Applh-sa tion: (Required) select one type of applicatian in 12- Funding OpwbmAy Nu - plequ d Eater the accordance v&A agency bob clions. Funding ng Opportunity Number and He of the under . Mew - Ain alrp Mian that is being sublruftd to an agency tsar the which assistance is requested, as &wW in the program W time. announcement . Ccenbueafon - /An e>der tan for an addihOnal funding/'budget period 13. Coropelifion klenifficafflon Nu mberMf e: Enter the far a pcaEct with a projected dosnp"Eftn date. TIES can include Compefdon Identification Number and We of the oompettion renewals. undue t Nch a rm is mrzested. if MMcab"-e_ . Reusiori - Any longe tae the Federal Government's fel or contingent unity frown an existing obligation. It a revisini, enter the appropriate lter(sj. More than one may be seled� If `Cthe r is selected, pleam sp" in tet box pmvr des A- Increase Award B. Decrease Awwd C_ Increase Muatmn Q Decrease Qwalf= E DJaer t4_ Areas Ai%cted Pro" Lisa the areas or est ®y ! the categories (e.g, cities, counties, stapes etc.) specftd in agency brsburtmns. Use the coallattation sheet to enter adeffmal areas. if needed. 3. date Remand` Dave Om fW-d blank_ This date mill be asmaned by the 15. Deswipfhre We of Applicants Project (Requbed) Enter a Federal agcy. brief descriptiae tyle of the pnc7ea if appmpriale. attach a map shavAng project location (e_g., construction or real property projezks . Fur preapp_mations, attach a su mrrrary 4. Applicant fdentifiier. Estee• the entity ider>t w ass geld by the Federal agency. if any, ar aWcanfs awdrol number. it app_raWe. dwaf0waftheproject. 5a Federal 'Entity identifier. Ester the number aid td your 18. Cangressfonal Districts tit (Resguired)1t la. Enter the organkaten by the Federal Amt. ii any. altp_`cofs GongressWutal District and 10b. Ester all 12strirt(s) affected by the program or pryecL Ester in the fsrmeat 2 characters State AbbrevMw - 3 charactos, Oisb= Nurrduw. e -g.. CA -00 fw Callf2mia 5s' dWrkt CA -012 fnr Ca2omia le disb cL NC -103 for North Camlirra`s W* If a7 carigress5onal disbicts in a slate we affected. enter 'all' for the district number. a -g, UD -A fear all ccatgre'ts-anal dist in Mary amt. • If rLihonaide. Le. aO districts within all stales we affeded. 51n. Federal Award 1 . For leen applicaiacs leave blank. For a continuation or revision to an existing award. enter the previourLy assigned Federal waard iderdi!W number _ If a change f' appliratan, enter the Federal Identifier as accordance with agency ir�ditm. h. Date dived by State. tie this €gild 10ar* This date warp be assigned by the EM-ift if sable- P. State Application lde>a Neu Lea m this field blank- Tho PdentTier w N be ass4med by the State, if applicable. eater . If the ct is outside the US, enter . S. Applicant on: 9 tare fzRnacsiug ®e wJth agency iistrudtiofls: a. Legal {dame: (Requue4 Enter the tegal name of app-7cant that will 17. Pnprased Projed Start and End Batas: (_ ) Biter the undertake are asts mum achft. This is the name that the organization pruposed start date and eyed date of the pvscL has registered with the Central Contractor Regisby. Imforrnatian an nmfisterina w2th CCR may be obtained by v5sitina the raabsite. b_ axpayer N : (Requireft Liter the 1f3. Estimated Funding: (Required) Enter the amount requested EmpkirerorTaxpayerEdenffmaftm Number XIN or TRY) as assigned by Ow inierna9 Rtvemw Service. If your organization is not h the BAS. ender or to be contributed daring the trel fundmg1budget period by 444444444. each centributar. Value of k --kind cantribtdions should be c. Orgar budoml DLMS: (Required) Ester the organizaEw's IWNS or numim received from Dun and BTadstreeL Inft irnalien on inclurded on appropriate 1 -nes. as applicable- 9 the act5an will resent in a dollar dump to an extting awant bulirate only the dbtfz!g a GUNS number may be obtaueed by vssf€r4g the Grarits`gmr Website. ammmt off the drarege. For decreases, erg the amounts in d- Address: Ester the complete address as fio kris: Street address QIP PareYdbeses. 1 ). City - Cam*. State (Require, if cam" is IDS). - Con" (Requirea Zip��PcsW Cerde (Required. if try is IDS 1®. Is App�earn Subject to review try State Under Executive Order 12372 Process? Atrp` shmid corded the State Sin& Pchd of Ctrdact (SPOC) for Federal ExecirEve Order 12372 to determine twMilw the application is sult',ed to the e. Organizational Unit Ester the name of the primary orgar0tational unit and department or division. f licah5e that wB undertake the 0 City of Meridian, Idaho 2009 Action Plan assistance actift, ff applicable. revmv process. the C Name and contact information of person to be contacted on apWaimute Isar. If `a: is steed, enter the date the mem involving ttr9s apprrcalaon Bder the narne {Fist and last name app5cafiDn was submitted to the Sly required), organbmificnal affiliation (d affiliated w i an aripufmation other 20. Is the Applicant Delinquent an any Federal Debt? than the app :ant orgaian ), telephone mm*w (Requiredjb tax nwnbw, and emra7 address (Required) ad the perm to contact on (Required) Select the appropriate box. This Weston Wfies to matteas, related to this applicatiom the appftard organizatoan, not the perms who signs as the mAhorb ed Categum of debt include audit disComonces, loam and taxes. ff yes, include an explanation an the combamflon dmet P. Type of -scant (Required) 21. Authari ed Representatim j To be signed and Sid up to 1hree applicant ty Ws) in accordmoe gab aged dated by the authorized representafive of the applicant distructions. organization. Enter the name l irst and last mune required) A. State GcvEmrnent M. Nonprufl vdtb 5DIC3 IRS tile (Requiredl telephone munber (Required). fax mmnber. B. County Goveranahent Statim (Mer them kmftbon and ems address (Requ regi) of the person autimAzed to sign C. City or Towtship C,avemment D. Special Q'strict Government of Ffi*w Education] N. Nonproft w6mW 5DIM IRS far the applicant A copy of the governing body(s authorizat o n far you to sign E. Regional Organma.n*'an F. U.S. Tentary as Possession Status ether em msmjbonn of HW w' Education) this appficatcn as the official nquesenlative must be an ge in the appBzan3's affce. (Certain Federal agencies may reqs G. E ndependemt S&ool District 0. Private I7�on of 1-1-9]ner that this authwim3tion be subnnitled as part of the appcation.) H. Padzr-mState Ciantralled Educaton ltnllitalio n of Kgher Education P. lr dMdu l 1. IndiarbWative Annerican Trbal 4 For-Pra6t Orgarii Government (Federa''-y (Other than Small Business) R. Small Business J. MiardNallve Amterioan Trial S. FftpMM-.MVMQ Given anent (other them T. FGtriralfy ®lack Go=d Federally Recognized) and Unversites fMCUs) K. IindiardNative American U. TrIally Cantro7ed Colleges Tribally and UnveesitEes (TC(Nls) Organization 1.. Pad mEa n Hausirng V. Alaska Native and Natue Hawafaan Seming Insfift ans Authority W. mem s (non -US) Entity x Other (speoily'j City of Meridian, Idaho 2009 Action Plan *APPENDIX E: Proof of Publication, Public Comment Period • • 1. Valley Times 2. Idaho Statesman City of Meridian, Idaho 60 2009 Action Plan •Appendix E.2 Uaho'Siatesman P.O.. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION ftmnt TINA BARTLETT, being duly swom, deposes and says: That NOMEOF OF Fpm she is the Prindpal Clerk of The Idaho Statesman, a daily AND PUBLIC CQfi+1MENT �00 newspaper printed and published at Boiee, Ada County, State Regard&m M1dettdian's Comm�u�yy tleuelopmaraP (t64 of Idaho. and having a general circulation therein, and which NOTICE OF PUBLIC HEARING said newspaper has been continuously and uninterruptedly 112516 444950 COMMUNITY DEVELOPMENT BLOCK GRANT $7220 the U S. Department of Housing �d rt Housing edas+ uitim yt�theD . (1-W o receive nis wtudy troon MATT ELLSWORTH erda ard (C ( The JUNE 10, 2009 CITY OF MERIDIAN NwrAerar Lhn MERIDIAN PLANNING DEPARTMENT In order to receive thesefund�s, the txnit city nWt suto HUD a 2009 An- MW Action Plan [dent 70 33 E BROADWAY AVE �9) tli beginning ing issue oh JUNE 10 , 2009 MERIDIAN IDAHO 83642 ending issue of UNE 10 , 2009 1 �+-- 1MIMIAN TINA BARTLETT, being duly swom, deposes and says: That NOMEOF OF Fpm she is the Prindpal Clerk of The Idaho Statesman, a daily AND PUBLIC CQfi+1MENT �00 newspaper printed and published at Boiee, Ada County, State Regard&m M1dettdian's Comm�u�yy tleuelopmaraP (t64 of Idaho. and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly pubtisi►ed In said County during a perlad of twelve consecutive The City Ot Meridian hes been ily bg ,rated an Enb ment Co ba months prior to Me first publication of the notice, a copy of the U S. Department of Housing �d rt Housing which Is attached hereto: trot said notice was published In uitim yt�theD . (1-W o receive nis wtudy troon The Idaho Statesman, In conformity with Section OD -108, erda ard (C ( The Idaho Code, amended. forf. ONE ram. City arUc pates that it 1 reodve its tf 1 6y0w estimated tober annual, ir2mdlag of $249,9b2 on Ot• consecutive nAr68kiy 8h1g1+9 In order to receive thesefund�s, the txnit city nWt suto HUD a 2009 An- MW Action Plan [dent �t T� consecutive daily odd skip the prof ects and goals the Clly -wtl under- �9) take to create Pew jobs, increase of fwftfe andlize essMe ho acc beginning ing issue oh JUNE 10 , 2009 ALL "n INVd'to a tend ending issue of UNE 10 , 2009 a c lu2009,De7er 00.asn�en23ityH,d �+-- Meridian CityBroadway ` AumuB, M Idaho regard'mg the draft 2009 taction Plan. SOedallm bWn is exterd to per- sons WM d• reshdaris end STATE OF IDAHO ) as assisted hou�n Meridian bulb mesa and pro ovmars. Markban COUNTY OF ADA ) City Hag ba h capped accessbte faWly. btd'niduals ra9udring actor On this 1Q of JUNE nthe earof 2009 �Y Y mo an of physical sight, or Isar- before ria, a Notary Public. personally appeared before me we hPairments °rIs a air- pretati0n CadNs� comaM t !188.4433 TIARA BARTLEiT known or kien9fied to me to be the person at �tease All zens may review the draft pims and whose name subscribed to the wiltiln Inr*ument. and being Provide W. dmony of the draft des `'� 19, by me first swam, de".Pialthe *tatemants theraM r9101.9ble 2009 at the Mteridian City cierles 01 are we, arid' imaw to ledgd;, 1:00 executed the ears lice 33 E. Broadway Averwe; Med. an Kific Libr^fit 1326 , W. Lane tderkiian Senior Canto 133 , W. §Zdway ?+emoe; and G s w th Notary PWfldTft l nttp✓/�Vv rng6e,_4xW aig A T 7Y.016! IfI)Y PUBLIC COMMENT PERIOD Residing at Boise, ldah4 My Comrrdssfan ` j WILL FOL. LOW THE KIRLIC HEARING ex: pires: MLYiN2.4AiE09. (8 Tt11fQ i ndr a�J commeais Slte�w t: addressed to Malt Ellsworth in the y pianrmgg Departtknw�m' who may ern c Wa�rdg b�p�amnennt 33 ity of E 9rcadway Are. Ste. 210�tAe8� ID 83"2 y5 by fax: i2Ug) iB86Rt ; or by a+aaa: meiiswcrthknerid a a g. DATED oris 5th day of here 2009 °vb hese 10, 2009 �'Hktf� 1R95tbtii City of Meridian, Idaho 62 2009 Action Plan 0 0 • MERIDIAN CITY COUNCIL MEETING APPLICANT October 20, 2009 REQUEST DA - AZ 09-002 Treasure Valley Veterinary Hospital CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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: COMMENTS See Attached Date: ITEM NO. 6F Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 11 BOISE IDAHO 10/22109 02:43 PM DEPUTY Randy Jennings III IIII'IIIII'll'll'II'11'lll"'lllll RECORDED -REQUEST OF Meridian CIV 109120013 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Rick and Theresa Shackelford, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this _&L` day of 064 kj , 2009, by and between City of Meridian, a municipal corporation of the State pf Idaho, hereafter called CITY, and Rick and Theresa Shackelford, 2600 S. Meridian Roat eridian, ID 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and • 1.2 WHEREAS, I.C. § 67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactmeiil of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annex* and/or re-zoniamg of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property described in Exhibit "A', requesting adesignation of L -O (Limited Office -under the UDC and generally describing how the Property will bi::�Ooeloped and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation 0 and zoning designation of the subject Property held before the Planning & DEVELOPMENT AGREEMENT — TREASURE VALLEY VETERINARY (AZ -09-002) PAGE 1 OF 11 . Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 6h day of October, 2009, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02- 382, and the Zoning and Development Ordinances codified in Meridian UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Median, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State • DEVELOPMENT AGREEMENT - TREASURE VALLEY VETERINARY (AZ-09-QQ2) PAGE 2 OF 11 • of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Rick & Theresa Shackelford, whose address is 2600 South Meridian Road, Meridian, Idaho 83642, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned L -O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved L -O zone under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed is without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future development of this site shall substantially comply with the conditions of approval, and design standards in effect at the time of Certificate of Zoning Compliance application. Future construction and development of the site shall comply with the standards listed in UDC 11-3A-19 and the objectives and guidelines of the Design Manual. 2. A Certificate of Zoning Compliance and Design Review application are required to be submitted to the Planning Department for the expansion of the veterinary facility and new construction proposed on this site. 3. The applicant shall comply with the specific use standards listed in UDC 11-4-3-1 for animal care facilities in effect at the time of operation. 4. Business hours of operation in the L -O district are limited to the hours between 6:00 am and 10:00 pm in accordance with UDC 11 -2B -3A.4. 5. A 10 -foot wide detached multi -use pathway is required to be constructed within a • public use easement on the developed portion of the site along State Highway 69, per UDC 11-31-14C.4, with expansion of the veterinary hospital. The remainder of the DEVELOPMENT AGREEMENT - TREASURE VALLEY VETERINARY (AZ -09-002) PAGE 3 OF 11 • pathway shall be constructed upon future development of the site. 6. A variance for temporary access to SH 69 was granted by City Council. The two existing access driveways to/from the site via SH 69 may remain until such time as the remainder of the site develops; at such time access shall be taken from Edmonds Court and the existing access driveways shall be closed. 7. Subject to the conditions in this paragraph, a cross -access easement shall be recorded that provides driveway access to the property to the north (parcel #89071450022) (the "Northern Parcel") for connectivity. The effectiveness of the easement shall be conditioned upon the owner of the Northern Parcel granting a reciprocal cross easement to the applicant. The applicant shall have no obligation to improve the easement or to maintain it if it is improved except as part of future development of the applicant's property. The initial location of the easement shall be as set forth in an exhibit attached to the easement document. However, the easement is being granted prior to the development of the applicant's property. Therefore, the applicant shall have the right to relocate the easement upon the applicant's property either before or after the development of the applicant's property, upon thirty (30) days prior written notice to the owner of the Northern Parcel. Applicant then shall execute, deliver and record a superseding easement to evidence the relocation. A copy of said access easement shall be submitted to the Planning Department with the Certificate of Zoning Compliance application for expansion of the site. • 8. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 9. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 10. The required landscape buffers along the east, south, and undeveloped portion of the west property boundary, including the 10 -foot wide multi -use pathway, are not required with expansion of the veterinary hospital, but will be required in the future when the remainder of the site develops. 0 6. COMPLIANCE PERIOD. This Agreement must be fully executed within one (1) year after the date of the Findings or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT - TREASURE VALLEY VETERINARY (AZ -09-002) PAGE 4 OF 11 • 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (3 0) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 8.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all • rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. REQUIREMENT FOR RECORDATION: City shall record either a • memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the DEVELOPMENT AGREEMENT - TREASURE VALLEY VETERINARY (AZ -09-002) PAGE 5 OF 11 • • 0 third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 11. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 13. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: Rick & Theresa Shackelford 2600 South Meridian Road Meridian, ID 83642 with a copy to: Givens Pursley LLP ATTN: Gary Allen 601 West Bannock St. Boise, ID 83702 DEVELOPMENT AGREEMENT - TREASURE VALLEY VETERINARY (AZ -09-002) PAGE 6 OF 11 • 13.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 14. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 15. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 16. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be • subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, determines that Owner/Developer has fully performed its obligations under this Agreement. 17. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 18. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parties (including a governmental entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceedings. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. FINAL AGREEMENT: This Agreement sets forth all pr . ,'ses, inducements, agreements, condition and understandings between Owner/Developer an ity relative to the subject matter hereof, and there are no promises, agreements, conditions or" ` �'derstanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated DEVELOPMENT AGREEMENT - TREASURE VALLEY VETERINARY (AZ -09-4F,) PAGE 7 OF 11 • herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. C] 0 20.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [End of text; Signatures with Acknowledgements and Exhibit A follow.] DEVELOPMENT AGREEMENT - TREASURE VALLEY VETERINARY (AZ -09-002) PAGE 8 OF 11 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: 14 'ftwlzlPSA SHACKELFCF CITY OF MERIDIAN • BY: Mayor T de Weerd ATTEST: F o JayceeY. Holman, City Clerk = _ SEAL • DEVELOPMENT AGREEMENT - TREASURE VALLEY VETERINARY (AZ -09-002) PAGE 9 OF 11 U • C7 STATE OF IDAHO, ) ): ss County of Ada, ) On this day of ®QAdaQ�C , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Rick Shackelford known or identified to me to the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d jjW x= in this certificate first above written. (0" (SEAL),� OF•10 STATE OF IDAHO, ) ): ss County of Ada, ) �AJ>6K-a-� Notary Public f r Idaho Residing at: &Se - My Commission Expires: I On this 1,14 A day of 60_4 , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Theresa Shackelford known or identified to me to the person who signed above 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. (SEAL) N Public for Idah Residing at: My Commission Expires: . J" Z-0 i.-2> DEVELOPMENT AGREEMENT - TREASURE VALLEY VETERINARY (AZ -09-002) PAGE 10 OF 11 • • STATE OF IDAHO ) : ss County of Ada ) On this p Q day of 006he,4( , 2009, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ...�.�WW (iS► a0�•• *1diZguat: h forIdaho oT gu n A . I t> s: Commission expire 14 QO I j eo� OF �0� e DEVELOPMENT AGREEMENT — TREASURE VALLEY VETERINARY (AZ -09-002) PAGE 11 OF 11 0 • SCANNED MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. W REQUEST Resolution No. CA - : Adopting the Name Change from "The Treasure Valley's Medically Monitored Detoxificaiton/Mental Health Diversion Unit" to "Allumbaugh House" AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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: See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • CITY OF MERIDIAN RESOLUTION NO. 09- 0 f BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ADOPTING THE NAME CHANGE FROM "THE TREASURE VALLEY'S MEDICALLY MONITORED DETOXIFICATION/MENTAL HEALTH DIVERSION UNIT" TO "ALLUMBAUGH HOUSE" IN THE OPERATING CONTRACT BETWEEN WITH COMMUNITY HEALTH CLINICS, INC. FOR A SUBSTANCE ABUSE AND MENTAL HEALTH CRISIS CENTER; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the City to maintain an operating contract for a substance abuse and mental health crisis center within Ada County ; and WHEREAS, the City has entered into an Agreement Establishing a Joint Powers Entity to select and contract with an operator and to oversee operation of such the substance abuse and mental health crisis center facility; and WHEREAS, The Treasure Valley's Medically Monitored Detoxification/Mental Health Diversion Unit has entered into an agreement with Community Health Clinics, Inc. to provide for a substance abuse and mental health crisis center; and WHEREAS, the Treasure Valley's Medically Monitored Detoxification/Mental Health Diversion Unit wishes to change its name to Allumbaugh House; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City of Meridian hereby adopts the name change from The Treasure Valley's medically Monitored Detoxification/Mental Health Diversion Unit to Allumbaugh House in the Operating Contract for a substance abuse and mental health crisis center with Community Health Clinics, Inc. RESOLUTION ADOPTING THE NAME CHANGE IN THE OPERATING CONTRACT BETWEEN THE CITY OF MERIDIAN AND THE TREASURE VALLEY'S MEDICALLY MONITORED DETOXIFICATION/ MENTAL HEALTH DIVERSION UNIT TO "ALLUMBAUGH HOUSE" - PAGE I OF 2 • ADOPTEDO r by the City Council of the City of Meridian, Idaho, this day of r • W, 9,40 O' 7— APPROVED by the Mayor of the City of Meridian, Idaho, this 02tq day of �Ia ATTEST: APPROVED: Mayor T de Weerd By: Jayceeq.. Holman, City Clem SEAL UST is v .A RESOLUTION ADOPTING THE NAME CHANGE IN THE OPERATING CONTRACT BETWEEN THE CITY OF MERIDIAN AND THE TREASURE VALLEY'S MEDICALLY MONITORED DETOXIFICATION/ MENTAL HEALTH DIVERSION UNIT TO "ALLUMBAUGH HOUSE" — PAGE 2 OF 2 • • AMENDMENT ONE TO AGREEMENT ESTABLISIEING A JOINT POWERS ENTITY Pursuant to Sections 67-2326 through 67-2333, Idaho Code, this Amendment is made and effective this IP day of October 2009, by and between the governmental entities, cities, counties, and authorities named below (collectively referred to herein as "Member Public Agencies"), exercising their constitutional, statutory, and codified powers: Ada County City of Boise City of Meridian City of Eagle State of Idaho, Department of Health and Welfare RECITALS WHEREAS, the Member Public Agencies entered into that certain Agreement Establishing a Joint Powers Entity, (the "Agreement") effective the 2nd day of December, 2008; and WHEREAS, the Member Public Agencies desire to amend certain portions of the Agreement to change the legal name of the Joint Powers Entity; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the Member Public Agencies agree to amend certain sections of the Agreement as follows: AMENDMENT ONE TO AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 1 N.%Detox Center - Allumbaugh HouseUst Amendment to ME Agreement- final [12-15-09].doc • • • Section 1.0 1. is hereby amended to read as follows: ARTICLE I DEFINITIONS 1.01. 1) Joint Powers Entity ('JPFI. A separate legal entity established by the Member Public Agencies under Sections 67-2326 through 67-2333, Idaho Code, of unlimited duration, with jurisdiction in the state of Idaho. The full legal name of the separate entity is the "Allumbaugh House." Section 2.02 is hereby amended to read as follows: ARTICLE II CREATION OF THE JPE — POWERS AND DUTIES 2.02. [Reserved]. CITY OF BOISE B. Dave 'e r, Mayor ATTEST: Dated: 1 q lo •g E.'Faw, City Clerk lrl1 �i AMENDMENT ONE TO AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 2 N.XDetox Center- Allumbaugh HouseUst Amendment to JPE Agreement - final [12-15-09].doc • r1 BOARD OF ADA COUNTY COMMISSIONERS By: �.Gv-�►.> Fred Tilman, Chairman ATTEST: J� David Navarro, Ada County Clerk (/ / Dated: (— 6 /4:) CIT 7By: 7 z Dated: >/^ 7"� Zoa) Phil Bandy, Mayor CITY OF MERIDIAN By: Dated: Tam de eerd, Mayor STATE OF IDAHO DEPARTMENT OF HEALTH AND WELFARE By: Dated: I/ 3 o 0/0 C �( Richard M. Armstrong, Director AMENDMENT ONE TO AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 3 NAM= Center - Allumbaugh HouseMst Amendment to RE Agreement- find [12-15-491.doc • MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. 7A2 REQUEST Resolution No. USI - 690 : Framework Agreement Towards Sister City Relationship AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached Date: Phone: CITY OF MERIDIAN RESOLUTION NO. 09 — 690 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ADOPTING THE FRAMEWORK AGREEMENT FOR ESTABLISHING FRIENDLY AND COOPERATIVE RELATIONS BETWEEN QIONGLAI CITY, SICHUAN PROVINCE, THE PEOPLE'S REPUBLIC OF CHINA AND MERIDIAN CITY, IDAHO, THE UNITED STATES OF AMERICA AND ADOPTING QIONGLAI CITY AS ITS HONORARY SISTER CITY. WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the City to pursue and promote international economic and social development opportunities; and WHEREAS, the City has engaged in successful communication and negotiations with Qionglai City, Sichuan Province, of the People's Republic of China to establish friendly relations • and cooperation in order to promote economic and social development in both cities; and WHEREAS, the City Council in furtherance of demonstrating its good will towards Qionglai City wishes to bestow upon it the honorary title and relation of Sister City; and WHEREAS, according to established diplomatic practices it is common to enter into a framework agreement to mark the start of the exchange and cooperative relationship between the two cities; and WHEREAS, the framework agreement sets forth the following understanding: 1. That the two cities seek to further strengthen mutual exchanges and promote a long-term, healthy and stable development and cooperation in the two cities; and 2. That the two cities seek to actively strengthen cooperation and make joint efforts for development in all areas of current and future interest that promote common economic and social development in the two cities; and 3. That the two cities agree to sign a formal sister city agreement one year after the signing of the framework agreement; and 4. That the framework agreement is to be written in Chinese and English • languages in two copies with both texts being equally authentic and that the agreement becomes valid as of the date of signature; RESOLUTION ADOPTING FRAMEWORK AGREEMENT BETWEEN QIORTGLAI CITY, SICHUAN PROVINCE, THE PEOPLE'S REPUBLIC OF CHINA AND MERIDIAN CITY, IDAHO, THE UNITED STATES OF AMERICA AND ADOPTING QIONGLAI CITY AS ITS HONORARY SISTER CITY- PAGE 1 OF 2 • • NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City of Meridian hereby adopts Qionglai City, Sichuan Province, of the People's Republic of China as its honorary Sister City. Section 2. The City of Meridian hereby will work cooperatively to adopt the FRAMEWORK AGREEMENT ON ESTABLISHMENT OF FRIENDLY AND COOPERATIVE RELATIONSHIPS BETWEEN QIONGLAI CITY, SICHUAN PROVINCE, THE PEOPLE'S REPUBLIC OF CHINA AND MERIDIAN CITY, IDAHO, THE UNITED STATES OF AMERICA attached as Exhibit "A." tk ADOPTED by the City Council of the City of Meridian, Idaho, this 2-0 day of �c=1_&'.� f i ' 4'— APPROVED by the Mayor of the City of Meridian, Idaho, this o O day of 2009. APPROVED: Mayor T de Weerd ATTEST: � MER/���� By. A. k 4,arFo ; Tayceeq,. Holman, City Cld`tk SEAL Cb RESOLUTION ADOPTING FRAMEWORK AGREEMENT BETWEEN QIONGLAI CITY, SICHUAN PROVINCE, THE PEOPLE'S REPUBLIC OF CHINA AND MERIDIAN CITY, IDAHO, THE UNITED STATES OF AMERICA AND ADOPTING QIONGLAI CITY AS ITS HONORARY SISTER CITY— PAGE 2 OF 2 0 rp*-AR.AROR9R111*4r� The Framework Agreement on Establishment of Friendly and Cooperative Relationships between Qionglai City, Sichuan Province, the People's Republic of China and Meridian City, Idaho, the United States of America According to the principles of the established diplomatic relations of Sino -US communiqud, in order to further consolidate and develop exchanges and cooperation, to enhance the understanding and friendships of the two cities, Qionglai City, Sichuan Province, The People's Republic of China and Meridian city, Idaho, the United States agreed to establish friendly relations and cooperation, and reached framework as follows: *W. Isla, TAXISO First, the two sides agreed to further strengthen mutual exchanges and promote a long-term, healthy and stable development and cooperation in the two cities. Second, the two sides agreed to actively strengthen cooperation in agriculture, education, science and technology, employment, and dairy industries exchanges and cooperation, and promote common economic and social development in the two cities. ATI- , 7T H 13 q TF o Third, the two sides agreed to make joint efforts of development and cooperation on new agriculture products, education and employment, with the focus on support and cooperation on developing new varieties of agricultural products in the two cities. Forth, the two sides agreed to sign a formal sister city agreement one year after the signing of this framework agreement, which marks the start of the exchange and cooperative relationship between the two cities. Fifth, the framework agreement is written in Chinese and English languages in two copies with both texts being equally authentic. The framework agreement becomes valid as of the date of signature. 0 IM W -A-APA r+*JIAA4M 0 i 0 The United States of America t0,* -M -TtF Meridian City, Idaho Ma 00 The People's Republic of China Qionglai City, Sichuan Province F Mayor OOA*+-A HT-TiTlAr ���� - November -yo UST iso '`IZ q P c®UN ,2009 at the Meridian City • 0 RA*q A Am*** h1 ��F a Tli -KN I IN*, )rgljRo Atl� A , MISO 99, AZfc3l .3Mi'lA—�F-OZ�-q A *A , W!E–xtOM JWW1+IJPMX o TT'3Z*7w4c*fc3lo )J o *49rl� m �i2A H mtm(o AMAAAQ 90*)"IMAM 9 goillisiPM-6 0 T� -K -fly -K =ooAAE+-A QT-T�FkM • 0 • The Framework Agreement on Establishment of Friendly and Cooperative Relationships between Qionglai City, Sichuan Province, the People's Republic of China and Meridian City, Idaho, the United States of America According to the principles of the established diplomatic relations of Sino -US communiqud, in order to further consolidate and develop exchanges and cooperation, to enhance the understanding and friendship of the two cities, Qionglai City, Sichuan Province, The People's Republic of China and Meridian city, Idaho, the United States agreed to establish friendly relations and cooperation, and reached framework agreement as follows: First, the two sides agreed to further strengthen mutual exchanges and promote a long -tern, healthy and stable development and cooperation in the two cities. Second, the two sides agreed to actively strengthen cooperation and make joint efforts for development in all areas of current and future interest that promote 0 common economic and social development in the two cities. Third, the two sides agreed to sign a formal sister city agreement one year after the signing of this framework agreement, which marks the start of the exchange and cooperative relationship between the two cities. Fourth, the framework agreement is written in Chinese and English languages in two copies with both texts being equally authentic. The framework agreement becomes valid as of the date of signature. Meridian Citv, Idaho the United States of America „I I,... , N��\OOF ME) /(, j MAyo O� SEAL C§ �O '9p �T t sI . ,. 0®� Qionglai City. Sichuan Province The People's Republic of China Mayor November ,2009 at the Meridian City • • • MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. 7A3 REQUEST Resolution No. Dq- l 9 : Appt. of Steven Yearsley to Traffic Safety Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SCANNED CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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. • CITY OF MERIDIAN RESOLUTION NO. Oq- (09 ) BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING A COMMISSIONER TO THE MERIDIAN TRAFFIC SAFETY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a citizen seat on the Meridian Traffic Safety Commission is vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Steven Yearsly to be in the best interest of the Meridian Traffic Safety Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: • Section 1. That pursuant to Meridian City Code § 2-3-2(B), Steven Yearsley is hereby appointed to the Meridian Traffic Safety Commission, for a term to expire on October 31, 2013. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 'Zd ' day of October, 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this day of October, 2009. APPROVED: ",.� y Of M��: T y de Weerd ATTEST: ; ` �� OFoPOA,q �� ti By. - HAL aycee U. Holman, City Clerk 7� 0 p RESOLUTION APPOINTING STEVEN YL 11�tIF1AN TRAFFIC SAFETY COMMISSION - Steven R. Yearsley 2961 E. Lucca Meridian, Idaho 83642 (208) 887-9411 rsA • I would like to be on the City of Meridian's Transportation Task Force and help provide input into City of Meridians transportation needs. VITAL STATISTICS • I was raised in Chubbuck, Idaho. I relocated to the Treasure Valley after graduating from Idaho State University. I lived in Nampa for 7 years and moved to Meridian in April 2005. • I have been married for 17 years and have two daughters, ages I 1 and S. EDUCATION/OCCUPATION • I have a Bachelors of Science Degree in Civil Engineering from Idaho State University, 1996. • I currently work at Forsgren Associates, a regional civil engineering firm, as a Project Manager. • I am a Registered Professional Engineer in Civil Engineering in Idaho, Oregon, Washington, and California. COMMUNITY ACTIVITIES . • I currently serve on the Meridian Parks and Recreation Committee. (June 2008 — current) • I currently serve on ACHD Neighborhood Advisory Committee. (May 2009 — current) • Boy Scout Leader. (2001 — 2002) • Volunteer at the Idaho Center. (2001 — 2007) • I have participated in several community service projects in Nampa, including installing the sprinkler system along the Nampa Green Belt and at the Idaho Center, and helped at a community car wash. RELATED EXPERIENCE • I have 13 years of experience in water and sewer system design, site development, roadway design, and structural design. • 1 am currently the City Engineer for the City of Bellevue, City of Ketchum, and the County Engineer for Camas County. • I have worked with several Idaho cities, including Nampa, Garden City, Boise, Burley, Rupert and Jerome. • SCANNED C 0 MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. 7A4 REQUEST Resolution No. 1091Reappt. Michael Martin to Parks & Recreation Commission AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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. COMMENTS See Attached • CITY OF MERIDIAN RESOLUTION NO. Oq - cnq►a BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING MICHAEL MARTIN TO SEAT 6 OF THE PARKS AND RECREATION COMMISSION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 2 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; WHEREAS, Michael Martin was appointed in February of 2008 to Seat 6 of the Commission, with a term to expire October 31, 2009; and WHEREAS, the City Council of the City of Meridian deems the reappointment of Michael Martin to Seat 6 to be in the best interest of the Meridian Parks and Recreation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: • Section 1. That, pursuant to Meridian City Code § 2-2-1(B)(1), Michael Martin is hereby reappointed to Seat 6 of the Meridian Parks and Recreation Commission, for a term to expire on October 31, 2012. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this day of V\agA- , 2009. APPROVED: ``\��y �a�o; T ATTEST: de Weerd By. SEAL Jaycee . Holman, City Cletk O RESOLUTION REAPPOINTING MICHAL MERIDIAN PARKS AND RECREATION C `� ���`\` Page I of I ,,�/// 1111 • 9 MERIDIAN CITY COUNCIL MEETING October 20, 2009 SCANNED APPLICANT ITEM NO. 7A5 REQUEST Resolution No. 1n4a : Reappt. Steven Yearsley to Parks & Recreation Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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: See Attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN RESOLUTION NO. 09 - 6 9-5 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING STEVEN YEARSLEY TO SEAT 7 OF THE PARKS AND RECREATION COMMISSION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 2 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; WHEREAS, Steven Yearsley was appointed in June of 2008 to Seat 7 of the Commission, with a term to expire October 31, 2009; and WHEREAS, the City Council of the City of Meridian deems the reappointment of Steven Yearsley to Seat 7 to be in the best interest of the Meridian Parks and Recreation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-2-1(B)(1), Steven Yearsley is hereby reappointed to Seat 7 of the Meridian Parks and Recreation Commission, for a term to expire on October 31, 2012. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this a0 day of C), ,Q , 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this 0 day of , 2009. APPROVED: y de Weerd ATTEST: ;�'��\ �' �4rF q'y ��' r- By: Q. = AL Jaycee4l. Holman, City Clerk O RESOLUTION REAPPOINTING STEVEN YL'A,C((SE4.e` MERIDIAN PARKS AND RECREATION COM 1,391019 11111100 0 Page 1 of 1 • C MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. 7A6 REQUEST Community Liaison Update AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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: COMMENTS Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 sc.Aw►vEn MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. 7B1 REQUEST Arts Commission - Annual Report and Recommendation Regarding Purchase of Artwork for Art in Public Spaces Series COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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 of public meetings shall become property of the City of Meridian. • • Meridian Commission REPORT TO COUNCIL October 20, 2009 OUR VISION: A vibrant arts community that integrates the arts experience into our everyday life and enhances the spirit of our city. Arts Awareness - Arts Education - Arts Participation ACOMPLISHMENTS FOR 2009: Dedication of "Origin" by Amber Conger Received $5000+ in corporate & private donations Supported Meridian Symphony Orchestra's Young Artists Award Supported Meridian School District art contest Assisted Parks Department with continuing education program Initial Point Gallery gaining national attention Partnered with DBA to host Fall Art & Wine Festival - September Partnered with MDC & ACHD to add art in the cross-over project on Main/Meridian roads Joining with Parks Commission to reorganize Friends of Parks 501-c3 non-profit group Art in Public Spaces Program at City Hall Assisting with public art projects within Kleiner Park Missoula Children's Theater "Little Red Riding Hood" May (75 kids & 300+ family members!) Concerts on Broadway summer series success! Kings of Swing - June Trumpeter Rich Wetzel - July Meridian Symphony Orchestra - Aug RECEIVED OCT 2 0 2009 CITY OF0 ,;; CITY CLERKS OFFICE PLANS FOR 2009 & BEYOND: Holiday Art Gala at Meadow Lake Village - Saturday, Nov 21 Children's theater performance Feb 2010 Host Chinese cultural art exchange May 2010 Host National Watercolor Society traveling show Sept 2010 Apply for ICA grant funding Hire part-time public art administrator Foster development of public art downtown Adoption of art in public spaces ordinance Web database of area artists, events, resources & info Seek Corporate & Private Sponsorship funding Performing arts center COMMISSION MEMBERS: Meg Glasgow, Chair Nancy Rountree, Vice -Chair David Stolhand, Secretary Mary Jensen - Children's Theater Dwight Williams - Initial Point Gallery %ake Partin the Ar(s/ • Fall 2009 Art in Public Spaces Meridian Arts Commission October 8, 2009 David Cabitto [Untitled] 0 Sarah Crawford "Chaps" Mark Davis "Lake Fork" • • 0 A 0 C7 Zach D. Folwell "the genesis" Joyce Green "Lambscape 0801" f`�`WW .y......... +.. ftAk S '� > . y 0 1 1 Amber Grubb "Revival" Christine Howard "Summer at Settlers Park" 0 0 0 L-] B. Love "Air Pocket" 0 Will Nelson "Island Dancer" • Donald L. & Mike Peterson "Squaw Butte" Cher Sandmire [No title] 0 0 • Brian Schreiner "Doorknob & Wren" Tl ti 14 l • Monte Stiles "Bursting at the Seams" .J Anne E. Watson Sorensen "9/11 Heroes Proved" • E • • Meridian 1 Commission ART IN PUBLIC SPACES PROJECT 2009 The Meridian Arts Commission reviewed 41 works of art submitted by 14 Treasure Valley artists as part of the Art in Public Spaces project. We are pleased to recommend the following paintings for purchase to become part of the permanent art collection in City Hall. MARK DAVIS Lake Fork "Every painting I create is drawn from something that inspires me, and 1 hope those who view my paintings fine inspiration I them as well. " Mark Davis o Oil on Canvas 0 40" x 30" 0 25+ years experience in commercial art & illustration 0 2009 national tour Top 100 Paint America - Paint the Parks Show Sponsored by the MERIDIAN ARTS COMMISSION 4 r 0 Meridian 1 Commission ART IN PUBLIC SPACES PROJECT 2009 WILL NELSON Island Dancer "Island Dancer " is the result of a continuing fascination with boats and open water going back to my childhood growing up in landlocked Idaho. " Will Nelson o Watercolor painting on 300# Arches cold press rag paper 0 27" x 19" o Has received national & international recognition o Exhibitions include Chicago Artist Guild, San Francisco Society of Illustrators and the Academic Artists Association o Several paintings are part of major corporation collections o Commissioned by Chevron Corporation and the Bradford Exchange Sponsored by MURPHY LAW OFFICE 0 • Meridian I Commission ART IN PUBLIC SPACES PROJECT 2009 D BRIAN SCHREINER Doorknob & Wren "Old buildings gain character and become beautiful when left alone to fall apart and gradually integrate into nature. This image of a door has a fancy doorknob that is slightly loose and a knothole containing a wren's nest. Meridian has fine old buildings and this charming scene may be happening nearby. " Brian Schreiner o Watercolor painting 0 42" x 30" o Professional arts educator and muralist o Exhibitions include Stonington Fine Art Gallery, Sun Valley, Beverly Hills Art Affaire, and U of I Juried Invitational Sponsored by the Meridian Arts Commission 0 MERIDIAN CITY COUNCIL MEETING APPLICANT October 20, 2009 ITEM NO. 7C1 REQUEST Fire Department - Emergency Management Update AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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 properly of the City of Meridian. 0 � Q LL O •�Amp V � Z 2 0 • • r: • =z £ 4 1pf yi i# £#Will 3# 3 ? I }3 , a 3 6 � ® a, ® l� �3 f 8� 3 4 • 4 • 4 a,. rs Vli f SYS i I 1 {U€ 41 uY { } #3 O 41 0 Oyyili� i..�e � { pFP S.3.i R' 1 4-1 Ml -`k v IN c ��}T F;g.1 P D, �� ?� Z qq i r F0. g 3� Him oil i '1� wMitu 0 • • err f 1 m UPCH; jpz� lit kk 1.0 IV Fla (IN No '1! lo � �i OEF 01, m 1 4=0 !!,M Lys Em X w 1 77T ,G) OJWJ E�ai' 4-a at 'A [Ef -it Ail ILI! Upi C), C 4—a O CD ma 1 Ala,! IM U) O N C:l Ei :o 0) 07 a OT ­tkA QY 01 Xi! LWI, QY UY a) EA c 0 4-1 0 L` El 14-1 4-1 a ayll ojii p O w 111111111 O N O N O CO �� O O CO f-- W N � LO W ' U cn cn L -0 M m U LL LL Z a_ a- a- 1,I— ys. • • i3 `3c R3cu � 33 3 ^ cur ^1 SSS cn cn LD `v w cu 0 E SII \//�� cu CU O a cu (u N U 'yam �� cuV • • y cu Cl) .Cl) u cu Cc w cn U N i �- ,cu O `V � cn i 41 o cn y_� O T r. asap cu � U E.S? cn ` -_o n U C 11 DECLARATION OF THE CITY OF MERIDIAN BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A DECLARATION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, DECLARING EMERGENCY ASSISTANCE TO THE ST. LUKE'S REGIONAL MEDICAL CENTER FOR A PERIOD OF UP TO 90 DAYS; WHEREAS, St. Luke's Boise/Meridian Medical Centers have been operating under the Incident Command System since September 21, 2009 in response to the World Heath Organization declared H 1N 1 Pandemic, and WHEREAS, St. Luke's Boise/Meridian Medical Centers are experiencing supply shortages in critical Personal Protective Equipment such as N95 respiration masks, surgical masks, and hand sanitizer without confirmed resupply, and WHEREAS, St. Luke's Boise/Meridian Medical Centers are experiencing overwhelming demand for Emergency Department treatment for patients suffering from flu-like symptoms. Demand for services at the Emergency Departments have doubled in each of the successive three weeks with no evidence of a decrease in the current week, and WHEREAS, St. Luke's Boise/Meridian Medical Centers is experiencing Medical Staff and Facilities Staff shortages due to absence for flu-like symptoms, and NOW THEREFORE, be it declared that the Mayor and City Council of the City of Meridian, Idaho will hereby provide specialized equipment, supplies and personnel as they are able and at St. Luke's Regional Medical Center's request including the waiver of any administrative fees for up to 90 days. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 92009. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2009. APPROVED: Mayor Tammy de Weerd ATTEST: LIM Jaycee L. Holman, City Clerk DECLARATION OF EMERGENCY ASSISTANCE TO ST. LUKE'S REGIONAL MEDICAL CENTER - PAGE 1 OF I Statutes e 0 Idaho Statutes TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 10 STATE DISASTER PREPAREDNESS ACT Page 1 of 1 RECEWED OCT 2 0 2009 CITY OFC>W Q L CITY CLERKS OFFICE 46-1011.LOCAL DISASTER EMERGENCIES. (1) A local disaster emergency may be declared only by a mayor or chairman of the county commissioners within their respective political subdivisions. It shall not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the local county recorder. (2) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or intergovernmental disaster emergency plans and to authorize the furnishing of aid and assistance thereunder. (3) No intergovernmental agency or official thereof may declare a local disaster emergency, unless expressly authorized by the agreement pursuant to which the agency functions. However, an intergovernmental disaster agency shall provide aid and services in accordance with the agreement pursuant to which it functions. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I. C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www.legislature.idaho.gov/idstat/Title46/T46CH10SECT46-10llPrinterFriendly.htin 10/20/2009 • 0 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Planning Department Efficiency for $97,800.00 October 20, 2009 ITEM NO. 7D1 - Budget Admendment for Idaho Power Rebate for Energy AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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. • • C) 0 0 0 N aD W .o 0 � E ,d m cCD 0 O tmC U� ago CM oQ c ca a o M .o0 iC O 0 E 0 U- E 12 O LLH z O W Q W G D m 0 N U 0 0 C C N N U y O N a c c .c MD c N tm O C O N +� N N a C p >aj}i `O 0 c c p c E o N o E $ c Q- a N CD �o rn V o ~ mt rn .. a> > % C O C 00 z Z5 "- c � 0 0 ca o� 2)Lon EE N 1 3 c �a m c 0 0 C m C i o tm w N CD 0 c R t •- 0 aai aa� �oI-V CL o� E 0 8 coV%o _o mCD dl N cSf .c 3�0c ' E m U c CL m S• N c �U c 0 0 (D Ow Z o a) co E � S. tm a sC—O .oc c a c0 4) a) ji Em 'C .o c � E �o m C �c R C 0 0 Eco VC V = C1 C Ci v 0 !0 ® 0 `o t' am -.0 v � c CL O1 a0 v Q'E �Y m of >> '° 0.0 $'Scam c$e� 0 m 'O C C Of -®0 .c "3v C 0 o mE ��.aN WamOIC • L7f C M C N Lis tf N LL Cl r O a F LL O L E 3 z W Z Z Z Z O ar `� ❑ a IL r 7 , 0 �p � spd+ d 1L1� J ff '' c La y U :2, a0+��+ m xx Ta ra y 0-16c Sl J22 ae c O J Q - m J a' J Z U 3:z LU J U ¢ 0a3 0 -1 U U ¢ m 0}�'0 C3 LL It 20o 11111 0 0 Q, el IL � � y U r E U C 'O C C CL o r N m M' C 0 Ch t q� U Eas M r LO a 13 C C 0 o 2 E a �.i g� m ii c _a o c� � r A r_ C ert H 8 q m g Vul CL o 1 O O V' y _o Q N W Or w a: U) C o v V cm �O OCL 12u to N v� com0 = Lia CM C `c) � WZ 00 IL O � Z o O O C O V O T- O r N M0 9 O� m O N O M r N M C"N * N C2 N N W v avoC .rv�ervaaa� N N N N a � CL 0 0 0 � � y U r E U C 'O C C CL o r N m M' C 0 Ch t q� U Eas M r LO a o 2 E a �.i g� c _a o 'a � r A C ert H 8 q m CO) Vul V�� 'O > m O O F-sm SW 10 Z O F N W Or w a: U) C o v V O � a V J a o �O OCL z I N M v� W CM C `c) � v 00 IL O � o O L- m C O ss o c 'O C E� LO V w� C C � C mo E 0 VsC C- oV /0 m m'v 0 0 0 � � y U r E U C 'O C C CL o r N m C 0 Ch t q� U a M r LO o 2 E a �.i g� c _a o 'a � r A C ert H 8 q m C t0 Vul V�� 'O > m J O F-sm SW 10 Z O F N W Or w a: U) C o v O � a V J a o �O OCL v� v 00 m C O ss o c 'O C E� LO V w� C C � C mo E 0 VsC C- oV /0 m m'v 0 0 � o U r E U C a C CL o r N m C 0 Ch c S q� U a M LO o 2 E a �.i g� c _a o 'a � r A Z N ert H 8 q m C t0 c E V�� 'O > m 0 F-sm SW 10 m C O ss o c 'O C E� LO V w� C C � C mo E 0 VsC C- oV /0 m m'v 0 cz Ch M � r ert 'O > m Z O F N W Or w a: U) C o v O � a V J a o o a o H � z � m C O ss o c 'O C E� LO V w� C C � C mo E 0 VsC C- oV /0 m m'v 0 MERIDIAN CITY COUNCIL MEETING APPLICANT SCANNED October 20, 2009 ITEM NO. 7D2 REQUEST Fairview Avenue Concept Design Update AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached Date: Phone: • October 15, 2009 MEMORANDUM TO: Tammy de Weerd, Mayor Meridian City Council FROM: Caleb Hood, Planning Manager CC: Meridian City Clerk RE: Fairview Avenue Concept Design, Public Involvement Plan Agenda Item for October 20'', 2009 City Council Workshop ACHD Staff and the hired consultants for the Fairview Avenue Concept Design have not ® received a lot of public input thus far in the study. So, earlier this year the Policy Committee asked ACHD to fund some additional public involvement activities. In June the ACHD Commission agreed to fund another survey and brochure. • On October 15, 2009 the Fairview Avenue Concept Design Policy Committee met to discuss the next steps in the public outreach effort, as proposed by ACHD. The proposal includes mailing of a brochure to several thousand property owners, tenants and business operators along the Fairview/Cherry corridor. In addition to the brochure, a survey will be made available on the website (and possibly via hard copy.) Councilmen Bird and Zaremba wanted me to present this public involvement plan to the Mayor and Council to inform you as to what is occurring, and to see if you have any comments. I will run through the public involvement plan in more detail during the workshop on the 20`". Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org • • • MERIDIAN CITY COUNCIL MEETING APPLICANT October 20, 2009 ITEM NO. 7E1 REQUEST Police Dept/Parks Dept. - Dog Park Update AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS Date: Phone: :7 • C] MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. 7E2 REQUEST Parks Dept. - Use of Metal Detectors in City Parks and Facilities - Proposed MPR Department Policy and Draft Agreement for Permitting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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: COMMENTS See Attached See Attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • DRAFT METAL DETECTOR PERMITTING AGREEMENT Between Conn's Wampum Hut and Meridian Parks & Recreation Department This METAL (DETECTOR PERMITTING AGREEMENT (hereinafter "Agreement") is made this day of , 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Donna J. Conn, informally doing business as Conn's Wampum Hut, an informally organized entity located at 209 East 36th Street, Garden City, Idaho (hereinafter "Conn's"). (City and Conn's may hereinafter be referred to as "Parties.") WHEREAS, the mission of the City of Meridian Parks and Recreation Department is to enhance the Meridian community's quality of life by providing well-designed and properly maintained parks and recreational opportunities for all citizens; WHEREAS, Conn's Wampum Hut is a gathering place and source of information for Treasure Valley and visiting metal detectorists, some of whom may wish to enjoy metal detecting in Meridian parks and city -owned facilities; and WHEREAS, the City of Meridian (hereinafter "City") and Conn's are mutually interested in enhancing recreational variety in the Meridian community by supporting metal detecting opportunities in City -owned parks, facilities, and properties; NOW, THEREFORE, in consideration of the mutual understandings and commitments herein contained, and in consideration of the recitals above, which are incorporated herein, City and Conn's agree as follows: I. DESIGNATION OF PERMIT AUTHORITY _v City hereby authorizes and empowers Conn's to issue City of Meridian Metal Detector Permits (hereinafter "Permits") to qualified individuals on behalf of City, in accordance with the terms of this agreement, all applicable City policies, and all applicable provisions of law. II. CONN'S RIGHTS AND RESPONSIBILITIES Conn's shall issue a Permit Identification Badge, signifying compliance with all Permit requirements, to each and every applicant therefor who: A, Provides name and contact information. Conn's shall maintain a log of all permit holders, which log shall state each permitee's name, address, telephone number, date of birth, and date of issuance of Permit. B. Demonstrates understanding of rules and law. Conn's shall issue a Permit to an . applicant therefor only upon verifying applicant's understanding of Meridian Parks and METAL DETECTOR PERMIT MOU - CONN'S WAMPUM HUT PAGE I OF 7 • DRAFT Recreation Department (hereinafter "MPR") administrative policies regarding the use of metal detectors in City -owned parks, facilities, and property. A copy of MPR's administrative policy entitled "USE OF METAL DETECTORS CTCV PARKS AND FACILITIES" ("Policy"), current as -of the Effective Date, is attached hereto as Exhibit A. It is expressly understood that both Conn's and permitees shall be subject to all current laws, policies, and regulations, which are subject to change without notice. C. Satisfactorily passes practical testing. Prior to initial issuance of a permit to any person, Conn's shall administer a test to the applicant wherein the applicant must demonstrate that he or she can retrieve an item in full compliance with MPR's Policy. D. Pays the annual fee. Conn's shall collect an annual permit fee in the amount of ten dollars ($10.00), which fee represents actual costs of services rendered under this Agreement. Conn's may provide a portion of fees collected to Boise School District Community Education for advertising and publication expenses. Conn's shall be responsible for payment of, and shall pay, all taxes due and owing. III. PERMITS A. Duration. The Permit shall be effective from June 1 through May 31. B. Renewal. Renewal of a valid Permit shall not require testing, but shall require applicant to register contact information in the permit log and pay the annual permit fee. C. Design. The design, appearance, and content of the Permit Identification Badge shall be subject to the approval of the Meridian Parks and Recreation Department Director. D. No warranty. Nothing in this Agreement nor any Permit shall be or imply any warranty or promise by City as to the condition, safety, or usefulness of its parks, facilities, or properties for metal detecting purposes. IV. GENERAL TERMS AND CONDITIONS A. Agreement non-exclusive. The Parties agree that this Agreement and the right conveyed to Conn's to issue permits on behalf of City shall be non-exclusive, and that other qualified organizations or entities may apply to City for authority to issue Permits. B. Term of Agreement. The term of this Agreement shall be one (1) year, commencing on the Effective Date and expiring one (1) year thereafter, provided that, unless earlier terminated, this Agreement shall automatically renew each year on the anniversary of the Effective Date, and shall be considered a year-to-year agreement. • C. Termination. This Agreement may be terminated by either Party upon thirty (30) days METAL DETECTOR PERMIT MOU — CONN'S WAMPUM BUT PAGE 2 of 7 • DRAFT written notice. If Conn's is in breach or default of any term or condition of this Agreement and fails or refuses to cure such breach or default within seven (7) days of written notice thereof, this Agreement may be deemed terminated and forfeited without further notice or demand. D. Notice. 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 shall be deemed communicated when mailed in the United States mail, postage paid, addressed as follows: City: City of Meridian Meridian Parks & Recreation Director 33 E. Broadway Avenue Meridian, Idaho 83 642 Conn's: D.J. Conn Conn's Wampum Hut 209 East 36th Street Garden City, Idaho 83714 E. No assignment. It is expressly agreed and understood by the Parties that Conn's shall not • have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. • F. Discrimination prohibited. In fulfilling the terms of this Agreement, Conn's shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. G. Reports and information. At such times and in such forms as the City may require, Conn's shall furnish to City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. H. Compliance with laws. In performing the scope of services required hereunder, Conn's shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. I. Indemnification. Conn's shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Conn's, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this METAL DETEcroR PERMIT MOU-CONN'S WAMPUM HUT PAGE 3 OF 7 • DRAFT Agreement, and not caused by or arising out of the tortious conduct of City or its employees. J. Independent Contractor. In all matters pertaining to this Agreement, Conn's shall be acting as an independent contractor, and neither Conn's nor any officer, employee, or agent of Conn's shall be deemed an employee of City for any purpose whatsoever. K. 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. L. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. M. Approval required. This Agreement shall not become effective or binding until approved by City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of , 2009. CONN'S WAMPUM HUT: Donna J. Conn CITY OF MERIDIAN: LIM Tammy de Weerd, Mayor 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 appeared Donna J. Conn, [mown 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. Notary Public for Idaho Residing at . Idaho My Commission Expires: ATTEST: Jaycee Holman, City Clerk METAL DETECTOR PERMIT MOU — COM'S WAMPUM HUT PAGE 4 OF 7 • r� L DRAFT METAL DETECTOR PERMIT MOU - CONN'S WAMPUM HUT EXHIBIT A PAGE 5 OF 7 _;Z. 0 DRAFT C��fEP,IDIAN*,_­ Meridian Parks and Recreation Department ADMINISTRATIVE POLICY SUBJECT: USE OF METAL DETECTORS CITY PARKS AND FACILITIES PURPOSE: To provide a regulations governing the allowed time, place, and manner of using a metal detector within a City park or facility. POLICY: A. Regulations. The use of a metal detector in any park, facility, or property owned or operated by the City of Meridian shall be allowed, subject to the metal detectorist's adherence to each and all of the following terms, conditions, and regulations. • 1. Metal detectorists actively using metal detectors are expected to be ambassadors for their hobby and should observe the highest standards of respect for persons and property at all times. Metal detectorists shall not interfere with reserved activities, organized sporting activities, or other park users or activities. 2. Whenever metal detecting in a Meridian City Park or City -owned facility or property, the metal detectorist shall wear his or her Permit Identification Badge in plain sight. Metal detecting without a valid City of Meridian Metal Detector Permit shall be prohibited. 3. Metal detectorists shall not disturb sprinkler heads, pipes, irrigation system components, or any other infrastructure above or below the ground. Persons damaging or destroying City property, whether purposefully or inadvertently, shall be responsible for the cost of repair or replacement. 4. Metal detectorists shall have access only to areas open to the general public. Metal detectorists entering closed or restricted areas may be subject to trespassing or other criminal charges. 5. Only probes shorter than eight inches (8") and one-fourth inch (1/4") across may be used to dig. Metal detectorists shall not dig with knives, trowels, • or other sharp or destructive implements. METAL DETECTOR PERMrr MOU — CONN's WAwum HUT PAGE 6 OF 7 • • 0 DRAFT 6. Plugs of earth or sod shall not be removed from the ground. Retrieval of an object from the ground shall occur by cutting a neat flap without removing the plug entirely, extraction of the object, and careful reinstatement of the grass, sand or soil carefully. Always heel probed ground. 7. Metal detectorists shall abide by all MPR rules and regulations. B. Violation. Failure to abide by all applicable rules and regulations may result in revocation of the violator's Meridian Metal Detector Permit, trespass from the premises, and/or further available civil, criminal, and/or administrative action, including, but not limited to, exclusion from the park pursuant to Meridian City Code section 13-2-11. AUTHORITY: Officers of the Meridian Police Department and Employees of the Meridian Parks and Recreation Department shall be authorized to require that a metal detectorist in a City park, facility, or property produce his or her Permit Identification Badge and/or comply with any and all terms of this policy. METAL DETECTOR PERMIT MOU - CONN'S WAMPUM HUT PAGE 7 OF 7 7 Memorandum of Understanding Between Conn's Wampum Hut & Boise Parks & Recreation Department Whereas, the City of Boise (hereinafter referred to as "City") is responsible for the management and maintenance of parks, recreation, open space and certain right of way median properties for the welfare, health and betterment of the community; and Whereas, pursuant to Boise City Code section 9-14-04, no person is allowed to operate a metal detector in City parks without obtaining a permit from an authorized agent of the Park Director; and Whereas, Conn's Wampum Hut (hereinafter referred to as "Conn's), represents metal detectorists who wish to do metal detecting in the Boise parks; and, Whereas, Conn's has agreed to provide education and testing on appropriate metal detecting target removal and turf conservation techniques and issue permits to metal detectorists who wish to use City parks for metal detecting. Now, therefore, the parties do hereby agree as follows: • 1. Conn's agrees to provide education to metal detectorists regarding appropriate removal of items from turf, including the following instructions: a. Do not use a knife or trowel b. Do not dig plugs. C. Do not pull grass. d. No probes longer than S inches or 1l4 inch across. e. Always heel probed ground. 2. Conn's agrees to administer a test whereby the metal detectorists will demonstrate that they can retrieve, with minimal disturbance of the turf, a target buried underground and replace the probed area properly 3. Conn's agrees to issue yearly Pennit Identification Badges to those who satisfactorily complete the test. Permits shall be issued at a cost of $2.00, for the portion of the year beginning rune 1 of issued year, and ending May 3 V of the following year. The design and content of the permit shall be subject to the approval of the Parks Director or designee. The nominal fee of $2.00 for issuance of the permit is intended solely to allow recovery of expenses associated with administering the education and testing program described in this agreement. City understands and agrees that Conn's may split a nortion of this fee with the Boise Schools_ Community Education oroaram to offset advertisine expenses. 4. The Permit Identification Badge issued by Conn's shall be worn in plain sight by the metal detectorist and shall include a statement that by accepting the permit the permit holder agrees: 11 0 a. to abide by the instructions set forth above in Section 1, a though e. b. to abide by all park rules and regulations,. C. to not use the park facilities in a manner that would interfere with reserved activities, organized sporting activities, and others park users. d. that failure of an individual to abide by the rules and regulations will result in revocation of the permit and appropriate legal action. 5. Conn's agrees to [seep an annual register of all permit holders. Conn's agrees that metal detectorists under 18 years of age must have a parent or guardian signature on the register at the time a permit is issued. 6. Both parties agree that this agreement to issue permits on behalf City is non-exclusive and that other qualified organizations or entities may apply to the Parks Director to be an authorized agent for issuance of metal detecting permits. 7. This agreement shall be for a term of one (1) year, commencing on the first day of June, 2001. This agreement shall automatically renew each year and shall be considered a year- to-year agreement unless terminated by either of the parties, as noted herein. 8. This agreement may be terminated by either party at the end of the annual period upon tlurty (30) days written notice. 9. If Conn's is in breach or default of any of the terms, covenants or conditions of this agreement and fail or refuse to cure such breach or default within ten (10) days of written notice thereof, this AGREEMENT may be deemed terminated and forfeited without • further notice or demand. 10. Conn's shall not assign, sublet or transfer any rights or obligations under this without the express written consent of City. 11. City makes no warranty or promise as 10 the condition, safety, usefulness of its parks for metal detecting purposes. IN WITNESS WJHEREOF, the parties hereto have subscribed their names the day and year written below: CUFFS WAMPUM f IUT METAL DETECTORS -HEALTH FOODS 109 E. 36th - (208) 343.2813 §4 GARRN CITY IDAHO 83714 CONN'S WAMPUM HUT: BY: Pe-bL^01_ CA BOISE CITY DEPARTMENT OF PARKS AND RECREATION: J es R. Hall, Director C� J Date: p—t ^ G7 i Date: q (Y 0 • 0 This amendment No. 1 to Memorandum of Understanding is entered into for the purposes stated herein as of c? 7' day of 2009, by Conn's Wampum Hut (Conn's), and the City of Boise, acting through its De mens of Parks & Recreation (City), collectively referred to herein as "the Parties", for the purpose of modifying that certain Memorandum of Understanding entered into by the parties September 7, 2001. WHEREAS the MOU renews yearly with mutual consent of parties; and WHEREAS the parties desire to amend the fees charged for Permit Identification Badges; NOW, TIIEREFORE the Parties do hereby enter into this MOU and the terms and conditions set forth below. I . Modification of Section 3 of the M_OV. Section 3 of the MOU is modified by the following: 3. Conn's agrees to issue yearly Permit Identification Badges to those who satisfactorily complete the test. Permit shall be issued at a cost of $10.00, for the portion of the year beginning June 1 of issued year, and ending May 31 of the following year. The design and watent of the permit shall be subject to the approval of the Parks & Recreation Director or designee. The nominal fee of $10.00 for issuance of the permit is intended solely to allow recovery of expenses associated with administering the education and testing program described in this agreement. City understands and agrees that Conn's may split a portion of this fee with Boise Schools Community Education program to offset advertising expenses. IN WITNESS WHEREOF, the parties have executed and attested this MOU as of the date and year first above written. CONN"S WAMPUM HITT: By: Date: F— A 0" a 7 BOISE CITY PARKS & RECREAT19N DEPARTMENT y; Date: Hall, Director • CJ Metal Detecting Rules Boise Parks & Recreation Department PURPOSE FINAL DRAFT Revision Date: 02/04/2005 Author: Jamie Koole To establish rules for metal detecting in Boise Parks & Recreation (BPR) facilities as directed by Boise City Code (RCC) 9-14-04K. GUIDELINES 1. BCC authorizes metal detecting in Boise Parks & Recreation facilities with a permit from an authorized agent of BPR. All permittees shall display permit in plain sight and comply with the following rules and regulations. 2. Permits may be issued to users under the age of 18 with a guardian's signature. 3. Authorized agent of BPR will teach the following skills and permittees will be required to follow them: a. Remove items properly from the turf b. Do not use a knife or trowel c. Dv not dig plugs d. Do not pull grass e. No probes longer than 8 inches or 114 inch across f. Always heel probed ground. g. Abide by all park rules and regulations h. Do not interfere with reserve activities, organized sporting activities, or other park uses. 4. Failure of an individual to abide by the rules and regulations will result in revocation of the permit and appropriate legal action. REPLACES RESOLUTION #11369 APPROVED B B ise P & Recreation Dep ent Board of Park & Recreation Commissioners DATE Authority Given to Director by BCC 9-1.4-04 0 Boise City Council Authority Given to Director by BCC 9-14-04 ® Boise City Code section 13-03-04(K) shall any person use such area and facilities for an unreasonable time if the facilities are crowded; provided, however, reservations in advance may be made for any park facility where diamonds, courts, halls, rooms, gyms, gardens, picnic shelters or fireplaces are provided. All persons requesting advance reservation shall pay a fee as provided by the Department and approved by the Commission and shall observe all Department rules and regulations. Failure to observe such Department rules and regulations shall, in addition to other applicable penalties, result in the immediate termination of the advance reservation. 4. Permit Required. Conduct, sponsor, promote or publicly advertise any meeting, concert, theater, athletic event or other public activity in park facilities or any activities which include amplified sound, use of equipment or apparatus, sales, closing parkways, fund raising, or interference with the normal and regular use or maintenance of the park without obtaining a park use permit. 5. Moving Tables. Move reserved tables without consulting a duly authorized representative of the Director. 6. Duty of Reservation Holder. Violate the duty to leave all halls, rooms, gyms and other building and park facilities reserved for use in a condition identical to that when those facilities were permitted to the reservation holder for use. All trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area to be properly disposed of elsewhere. E. Camping. No person in any park shall set up tents, shacks, or any other temporary shelter for the purpose of camping, except by special permission by the Director, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used, or that could be used, for such purpose such as a motor home, camp -trailer, or the like. F. Fires. No person in any park shall light, build, or maintain a fire in any public park, except for culinary purposes in park grills, fireplaces, or privately owned grills, and no person shall leave the immediate area without first extinguishing such fire. r G. Games. No person in any park shall take part in or abet the playing of any games involving thrown or otherwise propelled dangerous objects such as stones, arrows or javelins except in areas set apart for such forms of recreation. Golfing or driving golf balls is prohibited except where specific facilities have been provided. H. Tennis Courts. No person in any park shall fail to observe and/or violate the rules of the use of such courts as promulgated by the Commission. Archery Range. No person in any park shall fail to observe and/or violate rules and regulations for the use of such range promulgated by the Commission. Hot Air Balloons. No person in any park shall tether or launch a hot air balloon except by permit issued pursuant to rules and regulations promulgated by the Commission. K. Metal Detectors. No person in any park shall operate a metal detector without obtaining a permit from an authorized agent of the Director. All permittees shall display permit in plain sight and comply with all rules and regulations of the Department. Page 11 0 1 SUPPLELEMENT NO. 45 • • MERIDIAN CITY COUNCIL MEETING APPLICANT October 20, 2009 REQUEST Legal Dept. - Commission Ordinance Update AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached J SCANNED ITEM NO. %F1 Date: Phone: DRAFT i CITY OF MERIDIAN ORDINANCE NO. • BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPLACING TITLE 2, CHAPTER 1, OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, AND MEEETINGS OF THE HISTORIC PRESERVATION COMMISSION; REPLACING TITLE 2, CHAPTER 2, OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, AND MEEETIN,1 GrS OF THE PARKS AND RECREATION COMMISSION; REPLACING TITLE 2,;CHAPTER 3, OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, AND MEEETINGS OF THE TRAFFIC SAFETY COMMISSION; AND REPLACING TITLE 2, CHAPTER 5, OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, AND MEEETINGS OV'THE ARTS COMMISSION. WHEREAS, the City Council of the City of Meridian finds that the reorganization of the City Code provisions regarding the Historic Preservation, Parks and Recreation, Traffic Safety, and Arts Commissions would create efficiency and uniformity as to the structure and operation of these boards and Commissions; and WHEREAS, the City Council of the City of Meridian, finds that the appointment of members to such boards and Commissions dedicated to representing the perspectives and interests of youth will give a voim to a highly valued component of our community; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIANIADA COUNTY, IDAHO: Section 1: That Title 2, Chapter 1 of the Meridian City Code shall read as follows: Chapter 1 HISTORIC PRESERVATION COMMISSION 2-1-1: ESTABLISHMENT: There is hereby established an Historic Preservation Commission, the purpose of which shall be to promote the educational, cultural, economic and general welfare of the public of the City through the identification, evaluation, designation, documentation, and protection of those buildings, sites, areas, structures, and objects which reflect significant elements of the City's, the State's, and the nation's historic, architectural, archaeological, and cultural heritage. 2-1-2: DUTIES AND POWERS: BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 1 OF 13 DRAFT A. Advisory to City Council: The Historic Preservation Commission shall be deemed advisory and shall report and make recommendations to the Mayor and City Council. All actions of the Historic Preservation Commission shall be subject to approval by the Mayor and City Council by resolution and after such approval shall have the force and effect of ordinance. B. Annual Report: The Historic Preservation Commission president shall submit an annual report to the Mayor and City Council regarding the Commission's activities and accomplishments in the furtherance of the objectives of this chapter. C. Commission Authority: The Historic Preservation Commission shall be authorized to: 1. Conduct a survey of local historic properties. 2. Recommend the acquisition of fee and lesser interests inhistoric properties, including adjacent or associated lands, by purchase, bequests, or donation. 3. Recommend methods and procedures necessary to preserve, restore, maintain and operate historic properties under the ownership or control of the City. 4. Recommend the lease, sale, other transfer or disposition of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property. • 5. Negotiate and recommend to City Council, within the limits of the Historic Preservation Commission's funding 'and in accordance with applicable laws and City policies, including those regarding purchasing, the employment of or the contracting with other parties, organizations, or governmental entities for the services of technical experts or other persons as it seems necessary to carry on the functions of the Historic Preservation Commission. 6. Cooperate with the Federal, State and local governments in the pursuance of the objectives of historic preservation. 7. Make recommendations in the planning processes undertaken by the County, the State, or the Federal government and the agencies of these entities. 8. Recommend ordinances and otherwise provide information for the purposes of historic preservation mi the City. 9. Promote and conduct an educational and interpretive program on historic preservation and historic properties in the City. 10. Review nominations of properties to the National Register of Historic Places for properties within the City's jurisdiction. BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 2 OF 13 DRAFT Is 11. Recommend for City Council approval such ordinances, special conditions or restrictions as may further the protection, enhancement, and preservation of historic properties, as authorized by Idaho Code section 67-4612. 12. Historic Preservation Commission members, employees or agents of the Historic Preservation Commission may enter private property, buildings, or structures in the performance of its official duties, only with the express consent of the owner or occupant thereof. 2-1-3: MEMBERSHIP: A. Membership: 1. The Historic Preservation Commission shall consist of six (6) members. 2. Members of the Historic Preservation Commission shall be appointed by the Mayor and approved by the City Council on a vote of a majority of the City Council members, and members of the Historic Preservation Commission may, in like manner, be removed. 3. All members of the Historic Preservation Commission and the officers thereof shall serve without salary or compensation. The city shall provide the necessary and suitable equipment and supplies to enable the Historic Preservation Commission to properly transact and attend to its business. A budget for Commission equipment and supplies shall be provided for in the City budget and administered by the Historic Preservation Commission's designated City staff liaison. B. Qualifications: All members of the Historic Preservation Commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation. The City Council shall endeavor to, appoint at least two (2) members with professional training or experience in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, law, or other historic preservation related disciplines. One member shall be designated to represent youth, which Historic Preservation Commission member may be, at the time of appointment, under eighteen (18) years of age. C. Terms: Each Historic Preservation Commissioner shall serve a term of three (3) years provided that the youth member shall be appointed to a term of one (1) year, from September 1 through August 31. Historic Preservation Commissioners wishing to serve additional terms must submit a lettef ol'interest thirty (3 0) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. 2-1-4: ORGANIZATION: BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 3 OF 13 DRAFT A. Officers: At the first meeting of each calendar year, the members of the Historic Preservation Commission shall meet and organize by electing a president, vice president and such other officers as may be necessary. The Historic Preservation Commission may request assistance from the City Clerk. B. Rules and Bylaws: The Historic Preservation Commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the Commission. All Commission bylaws, rules and regulations are subject to the approval of the Mayor and City Council after recommendation by the Commission. 2-1-5: MEETINGS: The Historic Preservation Commission shall convene Meridian City Hall, 33 East Broadway, Meridian, Idaho, each month at 5:30 p.m. on the second Thursday of each month unless, at the first meeting of each calendar year, the C'om ission shall establish a meeting schedule for the calendar year in which event the published schedule shall appy, r All meetings of the Commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The Commission shall keep minutes andli other, ;appropriate written records of its resolutions, proceedings, and actions. The Commission shall allow and promote public participation in the meetings of the Commission. Additional meetings of the Commission may be scheduled by the Commission as necessary to carry out the business of the Commission. iSection 2: That Title 2, Chapter 2 of the Meridian City Code shall read as follows: Chapter 2 PARKSAND RECREATION COMMISSION 2-2-1: ESTABLISHMENT: There is hereby established a P0.ks and Recreatio'n Commission, the purpose of which shall be to work in conjunction with the parksdepartment staff, and to advise the Mayor and the City Council in the orderly and efficient 'administration of the city parks and recreation system as hereinafter amended, and any other ordinances hereinafter enacted and amended relating to parks, urban forestry and recreation 2-2-2: DUTIES AND POWERS: A. Advisory to City Council: The Parks and Recreation Commission shall be deemed advisory and shall report and make recommendations to the Mayor and City Council. All actions of the Parks and Recreation Commission shall be subject to approval by the Mayor and City Council by resolution and after such approval shall have the force and effect of ordinance. B. Annual Report: The Parks and Recreation, Commission president shall submit an annual report to the Mayor and City Council regarding the Commission's activities and accomplishments in the furtherance of the objectives of this chapter. BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 4 OF 13 DRAFT OC. Commission Authority: The Parks and Recreation Commission shall be authorized to: • 1. Advise the City Council and the Mayor as to the best use of all public parks and any land or lots hereinafter purchased, leased, devised and bequeathed to the city for park and recreation purposes, and as such to make recommendation regarding the ornamenting, adorning, laying out and improving of the grounds of said parks. 2. Study economic and physical conditions and problems in connection with the maintenance, operation, management, control and use of all the public park grounds, park and playground faculties in the city. 3. Propose and recommend rules and regulations for the control and regulation of the use of the public park grounds, buildings, and playground facilities; subject to approval by the Mayor and City Council. 4. Study and propose plans, and recommend rules and regulations for the planting, growing, care, regulation and control of trees and shrubbery in all public places. ' 5. Represent the public interest in making suggestions, and'recommendations for the development, use and expansion of needed and required playground and other recreational and leisure program activities. 6. Propose plans, recommendations and suggestions for the future growth, development and regulation of park, playground, and rec�reataAn facilities cif the city. 7. Set priority to plans, recommendations and suggestions for the future growth, development and regulation of park, playground and recreation facilities of the city; subject to approval by the Mayor and City Council. 8. Propose plans, recommendations, and suggestions to the annual budget to be submitted by the parks director for the,projects and expenditures for the next fiscal year prior to the budget proposal being submitted to City Council for approval. 9. Suggest and recommend such rules and regulations necessary and desirable to carry out the intent of this chapter. 10. Review and comment on the parks and recreation department's comprehensive plan and action plan. 11. Review and comment on the City's comprehensive plan as that plan relates to parks and recreation. 12. If requested by the Mayor, review candidates for parks and recreation director and make recommendations to the Mayor regarding those candidates. BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 5 OF 13 DRAFT • 13. Improve and correlate the problems of governmental administration of all recreation and leisure programs of the City. 14. Appoint members of the Commission to subcommittees to provide community information to the Parks and Recreation Commission concerning particular facilities or programs of the park and leisure movement of the city 15. Make recommendations regarding the establishment of all fees for facility reservations and/or rental, facility admission, program activity participation, and league registration; and the establishment of fees for urban forestry services. 2-2-3: MEMBERSHIP: A. Membership: 1. The Parks and Recreation Commission sh4t,i �iisist of a minimum of fiy� (5) members and not more than nine (9) members. 2. Members of the Parks and Recreation Commission shall' be appointed by the Mayor and approved by the City Council on a vote of a majority of the City Council members, and Commission members may, in like manner, be removed, 3. All members of the Parks and Recreation Commission and the officers thereof shall serve without salary or compensation. The city shall pr6vide the necessary and suitable equipment and supplie6s to enable the Commission to properly transact and attend to its business. The budget for Commission equipment and supplies shall be provided for through the Parks and Recreation Department budget. B. Qualifications: Residents who reside within the city limits, or area of impact, and are a minimum of!eighteen (1 8 years of age are eligible to serve on the Parks and Recreation Commission. One ,member shall be a resident of the area of impact but no more than two (2) members may be appointed from residents of the City impact area, outside the corporate limits., One position maybe designated to represent youth, which Commission member may be, at the time of appointment, under eighteen (18) years of age. One member of the Meridian City Council, the Director of the Parks and Recreation Department, and one member who represents the administration of the Meridian Joint School District 2 shall serve as ex officio members with no vote. C. Terms: Each Parks and Recreation Commissioner shall serve a term of three (3) years provided that the youth member shall be appointed to a term of one (1) year, from September 1 through August 31. Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the 0 appointee shall serve for the remainder of the unexpired term. BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 6 OF 13 DRAFT • 2-2-4: ORGANIZATION: A. Officers: At the December meeting of each year, the members of the Parks and Recreation Commission shall meet and organize by electing a president, vice president and such other officers as may be necessary. The City Parks and Recreation staff shall provide secretarial service for the Commission, and may request assistance from the City Clerk. B. Rules and Bylaws: The Parks and Recreation Commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the Commi4sf 4l "a. The bylaws, rules and regulations are subject to the approval of the Mayor and Ci c gu pp y ty (ncil after recommendation by the Commission. 2-2-5: MEETINGS: The Parks and Recreation Commission shall convene regular meetings at Meridan City Hall, 33 East Broadway, Meridian, Idaho, each month at 6:00 p.m. on the ,second Wednesday of each month unless, at the first meeting of each calendar year, the Commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the Commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The Commission shall allow and promote public participation in the meetings of the Commission. Additional meetings of the Commission may be scheduled by the Commission as necessary to carry out the business of the. Commission. Section 3: That Title 2, Chapter 3 of the Meridian City Code shall read as follows: Chapter 3 TRAFFIC SAFETYCOMMISSION 2-3-1: ESTABLISHMENT: There is hereby establishe& a Trac Safety Commission, the purpose of which shall be to provide A forum for cooperation, coordination, and communication between the City of Meridian other governmental agencies, and citizens and organizations concerned with the safe and efficient movement of vehicular and pedestrian traffic throughout the Meridian community. 2-3-2: DUTIES AND POWERS: A. Advisory to City Council: The Traffic Safety Commission shall be deemed advisory and shall report and make recommendations to the Mayor and City Council. All actions of the Traffic Safety Commission shall be subject to approval by the Mayor and City Council by resolution and after such approval shall have the force and effect of ordinance. B. Annual Report: The Traffic Safety Commission president shall submit an annual report to the Mayor and City Council regarding the Commission's activities and accomplishments in the furtherance of the objectives of this chapter. BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 7 OF 13 40 DRAFT C. Commission Authority: The Traffic Safety Commission shall be authorized to: 1. Recommend to City Council the adoption of plans for traffic safety as originally recommended by the National Safety Council study of 1968, and in regulations, studies, and recommendations of the National Highway Traffic Safety Institute, the National Safety Council, and the National Transportation Board. 2. Coordinate all Meridian City traffic safety recommendations fbr :incorporation into Ada County Highway District planning processes, and Idaho Tx�sp ,raortation Department planning processes, as applicable, and as approved by tho or and City Council. 3. Make suggestions for projects designed to increase safety in pedestrian and school traffic in the city and to generally recommend to the Mayor and council plans to improve traffic safety in the entire City. 4. Work collaboratively and to plan for and accommodat6i rowth related to traffic and traffic safety issues as applicable to the City's comprehensive plan. 5. Receive, review, and act on traffic safety concerns or issues brought forth by citizens of Meridian, with recommendations to be forwarded to the Mayor and council. 2-3-3: MEMBERSHIP: A. Membership: 1. The Traffic Safety Commission shall consist of up to nine (9) members. 2. Members of the Traffic Safety Commission shall be appointed by the Mayor and approved by the City Council on a vote of a majority of the City Council members, and Traffic Safety Commission members may, in like manner, be removed. 3. Ali members of the Traffic Safety Commission and the officers thereof shall serve without salary or compensation. The city shall provide the necessary and suitable equipment and supplies to enable the Traffic Safety Commission to properly transact and attend to its business. The budget for Traffic Safety Commission equipment and supplies shall be provided for through the Meridian Police Department budget. B. Qualifications: Members of the Traffic Safety Commission shall be selected from the following groups: one Joint School District 2 administrator or designee; one member of the City Planning Department staff, preferably a transportation planner; one Ada County Highway District (ACRD) representative; one Meridian Police Department representative; the City Attorney or designee; and four (4) Meridian citizens. The four (4) Meridian citizens should, if possible, represent different areas of Meridian: Old Town, northwest Meridian (from west of Meridian Road to Black Cat Road and north of the interstate to Chinden BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 8 OF 13 • DRAFT Boulevard, excluding Old Town), northeast Meridian (from east of Meridian Road to Eagle Road and north of the interstate to Chinden Boulevard, excluding Old Town), and south Meridian (from south of Interstate 84). One position may be designated to represent youth, which Commission member may be, at the time of appointment, under eighteen (18) years of age. C. Terms: Each Traffic Safety Commissioner shall serve a term of three (3) years, provided that the youth member shall be appointed to a term of one (1) year, from September 1 through August 31. Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. D. Vacancies: Vacancies shall be filled in the same manner brig'itial appointments and the appointee shall serve for the remainder of the unexpired Term. 2-3-4: ORGANIZATION: A. Officers: At the first meeting of each calendar year, the members of the Traffic Safety Commission shall meet and organize by electing a chain, vice chair, and such other officers as may be necessary. The Meridian Police Department shall provide secretarial services for the Traffic Safety Commission, and may request assistance from the City Clerk. C. Rules and Bylaws: The Traffic Safety Commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the Commission. The bylaws, rules and regulations are subject to the approval of the Mayor and! City Councitafter recommendation by the Commission. 2-2-5: MEETINGS: The Traffic Safety Commission shall convene regular meetings at Meridian Police Department, 1401 East Watertower Avenue, Meridian, Idaho, each month at 3:45 p.m. on the third Tuesday of each month unless, at the first meeting of each calendar year, the Commission shall establish a meetingschedule for the calendar yearin which event the published schedule shall apply. All meetings of Commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The Commission shall allow and promote public participation in the meetings of the 'Commission.'" Additional meetings of the Commission may be scheduled by the Commission as necessary to carry out the business of the Commission. Section 4: That Title 2, Chapter 5 of the Meridian City Code shall read as follows: Chapter 5 ARTS COMMISSION 2-5-1: ESTABLISHMENT: BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 9 OF 13 DRAFT 0 There is hereby established an Arts Commission, the purpose of which shall be to highlight the City's rich cultural resources, enhance the City's aesthetic environment, and promote the development of economic, educational, recreation, and tourism opportunities within the City through the advancement of publicly accessible arts. 2-5-2: DUTIES AND POWERS: A. Advisory to City Council: The Arts Commission shall be deemed advisory and shall report and make recommendations to the Mayor and City Council. All actions of the Arts Commission shall be subject to approval by the Mayor and City ,Ccs', ` cil by resolution and after such approval shall have the force and effect of ordinance. B. Annual Report: The Arts Commission chair shall submit an annual„report to the Mayor and City Council regarding the Commission's activities and accomplishments in the furtherance of the objectives of this chapter. C. Commission Authority: The Arts Commissibn shall be authorized to: 1. Assess the needs of the Meridian community with xegard to the arts and make such information available to the City Council and all interested agencies and persons; 2. Stimulate awareness and appreciation of the,importance bf publicly accessible art and its benefits to the community; 0 3. Encourage the growth and, preservation of the City's art resources, foster the development of a receptive climate for the arts, and promote self-sustaining arts programs within the City; 4. Review and advise the City t6imeil on the aesthetic aspects of works of art or public monuments under consideration to be accepted or commissioned by the City of Meridian; 5. Promote the development of, and provide general information and encouragement to, the City's cultural organizations, artists, institutions and community organizations sponsoring arts activities; 6. Seek and encourage financial support, including, but not limited to, grants, loans and guarantees to artists, arts institutions and community organizations sponsoring arts activities and publicly accessible arts in the City, subject to City Council approval; 7. Recommend to City Council, within the limits of the Commission's funding, the employment of or the contracting with other parties for the services of technical experts or other persons as it deems necessary to carry on the functions of the Commission; 8. Prepare and submit budgetary recommendations to City Council for expenditures IDnecessary for the continuation and development of public programs furthering the arts; BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 10 OF 13 DRAFT 9. Cooperate with Federal, State, and local governments, schools, and private arts organizations, in the pursuance of the objectives of this Chapter; and 10. Recommend ordinances and otherwise provide information for the purposes of advancement of publicly accessible arts in the City. 2-5-3: MEMBERSHIP: A. Membership: 1. The Arts Commission shall consist of a minimum of five (5)members and no more than nine (9) members. 2. Members of the Arts Commission shall be appointed by the Mayoar, and approved by the City Council on a vote of a majority of the City:;Cauncil members,,nd Arts Commission members may, in like manner, be removed. 3. All members of the Arts Commission and the officers thetreof shall serve v4fhout salary or compensation. The City shall provide the necessary, and suitable equipment and supplies to enable the Arts Commission to properly transact and attend to its business. The budget for Arts Commission equipment and supplies shall be provided for through the Mayor's Office budget. B. Qualifications: All members of the Arts Commission shall have an interest , com etence or competence, knowledge in the arts One position may be designated to represent youth, which Commission member may be, at the time of appointment, under eighteen (18) years of age. One member of the Meridian City Council may serve as a liaison and ex officio member of the commission and shall have no vote. C. Terms. Each, Arts Commissioner shall serve a term of three (3) years, provided that the youth member shall be appointed to a term of one (1) year, from September 1 through August 31. Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirrirlation by the City Council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for: the remainder of the unexpired term. 2-5-4: ORGANIZATION: A. Officers: At the first meeting of each calendar year, the members of the Arts Commission shall meet and organize by electing a chair, vice chair, and such other officers as may be necessary. The Arts Commission, and may request assistance from the City Clerk. B. Rules and Bylaws: The Arts Commission shall adopt bylaws, rules and regulations for the 0 proper conduct of the business of the Commission. The bylaws, rules and regulations are BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 11 OF 13 • 0 DRAFT subject to the approval of the Mayor and City Council after recommendation by the Commission. 2-2-5: MEETINGS: The Arts Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway, Meridian, Idaho, each month at 3:30 p.m. on the second Thursday of each month unless, at the first meeting of each calendar year, the Commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the Commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The Commission shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions. The Commission shall allow and promote public participation in the meetings of the Commission. Additional meetingsipf the Commission may be scheduled by the Commission as necessary to carry out the business of the Commission. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this ordinance shall be effective immediately upon its passage. PASSED by the City Council of the City of Meridian, Idaho, this day of 2009. APPROVED by the Mayor of the City Iof Meridian, Idaho, this day of 2009. APPROVED: BOARDS AND COMMISSIONS UPDATE ORDINANCE Tammy de Weerd Mayor PAGE 12 OF 13 DRAFT NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 09 - PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY CODE PROVISIONS REGARDING THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, AND MEEETINGS OF THE HISTORIC PRESERVATION, PARKS AND RECREATION, TRAFFIC SAFETY, AND ARTS COMMISSIONS An Ordinance of the City of Meridian amending Title 2, Chapters l',' 2 3, and 5 of the Meridian City Code. A full text of this ordinance is available for inspection at ,City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pur,§uant to • Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 09 - The undersigned, William'L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 09- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2009. 40 William. L.M. Nary City Attorney BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 13 OF 13 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, CREATING SEAT 6 ON THE HISTORIC PRESERVATION COMMISSION; APPOINTING TO SEAT 6 OF THE HISTORIC PRESERVATION COMMISSION; APPOINTING TO SEAT 9 OF THE PARKS AND RECREATION COMMISSION; APPOINTING TO THE TRAFFIC SAFETY COMMISSION; APPOINTING TO SEAT 7 OF THE ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 1 establishes the Historic Preservation Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to historic preservation within the City, and to that end Meridian City Code § 2-1-3(B) states that a youth member may be appointed to the Historic Preservation Commission; • WHEREAS, pursuant to Meridian City Code § 2-1-3(B), Seat 6 on the Historic Preservation Commission is hereby created and dedicated to a youth member; WHEREAS, the City Council of the City of Meridian deems the appointment of to Seat 6 of the Historic Preservation Commission to be in the best interest of the Historic Preservation Commission and of the City of Meridian; WHEREAS, Meridian City Code Title 2, Chapter 2 establishes the Parks and Recreation Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to parks and recreation within the City, and to that end Meridian City Code § 2-2-3(B) states that a youth member may be appointed to the Parks and Recreation Commission; WHEREAS, pursuant to Meridian City Code § 2-2-3(B), Seat 9 on the Parks and Recreation Commission is hereby created and dedicated to a youth member; WHEREAS, the City Council of the City of Meridian deems the appointment of to Seat 9 of the Parks and Recreation Commission to be in the best interest of the Parks and Recreation Commission and of the City of Meridian; 2009-2010 YOUTH COMMISSIONER APPOINTMENTS PAGE 1 OF 3 WHEREAS, Meridian City Code Title 2, Chapter 3 establishes the Traffic Safety Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to traffic safety within the City, and to that end Meridian City Code § 2-3-3(B) states that a youth member may be appointed to the Traffic Safety Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of to the Traffic Safety Commission to be in the best interest of the Traffic Safety Commission and of the City of Meridian; WHEREAS, Meridian City Code Title 2, Chapter 5 establishes the Arts Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to arts within the City, and to that end Meridian City Code § 2-5-3(B) states that a youth member may be appointed to the Parks Arts Commission; WHEREAS, pursuant to Meridian City Code § 2-5-3(B), Seat 7 on the Arts Commission is hereby created and dedicated to a youth member; WHEREAS, the City Council of the City of Meridian deems the appointment of to Seat 7 of the Arts Commission to be in the best interest of the Arts Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-1-3(B), is hereby appointed to Seat 6 of the Historic Preservation Commission, for a term to expire on August 31, 2010. Section 2. That, pursuant to Meridian City Code § 2-2-3(B), is hereby appointed to Seat 9 of the Parks and Recreation Commission, for a term to expire on August 31, 2010. Section 3. That, pursuant to Meridian City Code § 2-3-3(B), is hereby appointed to the Traffic Safety Commission, for a term to expire on August 31, 2010. 2009-2010 YOUTH COMMISSIONER APPOINTMENTS PAGE 2 OF 3 0 Section 4. That, pursuant to Meridian City Code § 2-5-3(B), is hereby appointed to Seat 7 of the Arts Commission, for a term to expire on August 31, 2010. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of November, 2009. • APPROVED by the Mayor of the City of Meridian, Idaho, this day of November, Willi ATTEST: LM Jaycee Holman, City Clerk 2009-2010 YOUTH COMMISSIONER APPOINTMENTS Gli1� Mayor Tammy de Weerd PAGE 3 OF 3 • • MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. 7F2 REQUEST Legal Dept. - Draft Alcohol Server Training Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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. October 15, 2009 TO: Mayor De Weerd City Council Members FROM: Emily Kane rrv., Deputy City Attorney RE: Proposed Alcohol Server Training Ordinance Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba The attached draft ordinance proposes an alcohol server training ordinance as discussed in concept at your June 23, 2009 City Council workshop. All comments are welcome, and your direction is sought in particular as to the following issues: • 1. Per previous Council direction, this draft avoids any in -text enumeration of specific training providers, and allows the Chief of Police to enumerate the approved providers in a separate written policy (draft policy also attached). Our office recommends this approach as it provides flexibility when it is necessary to change the list of approved providers, but avoids potential pitfalls or claims related to a staff member's unbridled discretion. 2. The City of Boise's server training ordinance regulates "clubs" that serve alcohol differently than other licensees. This draft establishes the same requirements for clubs as for bars or restaurants. 1' 3. Our proposed solution to the issue of requiring all servers to obtain the server certification, including employees who operate seasonally or intermittently, is twofold: first, the ordinance sets the deadline for certification at 30 days after employment (Boise allows 60 days), and second, it states that after the first hour of work as a server, days of employment will be calculated cumulatively, rather than consecutively, for this purpose. 4. This ordinance does not address employees of stores that sell alcohol to be consumed off - premises; it covers only persons who serve alcohol to be consumed on the premises. (Boise's ordinance makes server training optional for package sellers.) 5. The effective date is proposed to be June 1, 2010. The reasoning is that the Clerk's Office would include literature educating licensees of their obligations under the ordinance in the renewal reminder letters that go out in February 2010, allowing approximately three months for currently -employed servers to become certified prior to the effective date of the ordinance. 0 Thank you for your comments on these and any other elements of the proposed draft. City Attorney . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-898-5506 - Fax 208-8848723 - www.merldiencity.org • 0 DRAFT CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN CREATING A NEW CHAPTER OF MERIDIAN CITY CODE: CHAPTER 7, TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO ALCOHOL SERVER CERTIFICATION: DEFINTIONS; APPROVED SERVER TRAINING PROGRAMS; SERVER AND LICENSEE REQUIREMENTS; AND ENFORCEMENT. WHEREAS, the City Council of the City of Meridia ", eks to address problems rirr{;��; that can be related to overconsumption or illegal consumR�on,;gf alcohol at establishments that serve liquor, wine, and beer, such a�`��ving'mer the influence of alcohol, public intoxication, and underage drinking,; .,_`` h' '�`:tti; WHEREAS, servers of alcoholic bevlq, can be trained to l;e't recognize and work to avoid such problems through educatioirXegazding;;Yle sale and seri�Ce' of alcoholic beverages, the effects of alcohol on the`lati;idy, methods of identifying intoxicated persons, methods of refusing to sell or seine: alcohol to such persons, and methods for checking and identifyiriglgal identification;;;;;. NOW, THEREFORE, BE IT COUNCIL OF THE CITY OF MEIP Section 1. T at'Title `3. Qhapter 7, follows: 3 - MAYOR AND CITY , IDAHO: Meridian City Code shall read as 3 CERTIFICATION A. Alcoliolk.Beverage: A#y beverage containing alcohol which is a product of distillation -of anyfermented liquor or synthetic ethyl alcohol, including beer, wine, spirits or ar �,,,, d o itaining beer, wine or spirits. B. Approved Server Training Program: A server training program enumerated in a written administrative policy of the Chief of Police and approved by resolution of City Council. C. Certificate: A current, valid certificate of completion issued to a Server upon satisfactory completion of an Approved Server Training Program. OD. Certification: Satisfactory completion of an Approved Server Training Program. ALCOHOL SERVER CERTIFICATION PAGE 1 OF 4 0 DRAFT E. Certified Server: A server who has satisfactorily completed an Approved Server Training Program. F. Licensee: A person to whom a valid license to sell liquor by the drink, or beer and wine by the drink, is issued by the Idaho State Police. G. Server: Any person serving or selling any alcoholic beverage, including spirits, wine or beer for consumption on a licensed premise and any person managing those employees. Servers shall include, but are not limited to, waiters, waitresses, bartenders, and managers of waiters, waitresses and bartenders. 3-7-2: APPROVED SERVER TRAINING A. Only a server training program enumerated in Chief of Police and approved by resolution of Approved Server Training Program for purpo B. The Chief of Police shall approve a server." _4run such program educates participants on, and ie"taJ an examination covering, each and all of the follz 1. Consistently and accurately `,?e 4; ing patrons 0 2. 3. Recognizing false and altered."I@'J'A cat Understanding the effects of alckhoT'or1 4. Monitoring patrons' alcohol inta andh 5. Recognizing intoxicated persons - K:"; 6. Methods of re�mitgtbssell or serve 'ol 7. Providing ax &atives t alcoholic beer 8. Problem solving in deali with intox 9. All State and locaTiaws:.aridiiles uertar 3-720CURVER this policy of the recognized as an upon a detonation that ants to succ&ssfally pass topics: f of age and identification; to intoxicated persons; and/or belligerent patrons; and to the sale and service of alcoholic A. Any person employed:. operating as a Server as defined in this Chapter shall: 1. Compl6ftprtification within thirty (30) days of the date upon which he or she begins e*jby n0nr or operation as a Server at a licensed establishment, and shall ° maintain sii _., cation at all times of employment or operation as a Server, updating such certification as necessary. Upon a Server's completion of one (1) hour of work, the thirty -day time period for certification shall be calculated cumulatively, and shall be tolled only by the cessation of work for one (1) year or longer. 2. Maintain a written record of his or her certification; 0 3. Provide proof of certification to a law enforcement officer upon request. ALCOHOL SERVER CERTIFICATION PAGE 2 OF 4 ® DRAFT B. Licensees operating establishments where alcoholic beverages are served and consumed on the premises, as to each Server employed or operating on the licensed premises, shall: 1. Ensure that each Server is or becomes certified as set forth in this section, and that each Server maintains his or her certification throughout his or her employment or operation as a Server. 2. Maintain a copy of each Server's certificate; 3. Provide any Server's certificate to a law enforcement of &r upon request. 3-7-4: ENFORCEMENT: > �...... A. Any person violating any provision of this JYapti;rr shall 156 deemed guilty of a misdemeanor and, upon conviction thereod.<siall be subject #o.f�ine of up to one thousand ($1,000.00) dollars and/or impa>tisonment for up to six'�6.}:months. •;:-phi .c,::;:;:• -; ;ti;; •.eSkti. B. With the exception of Club Licensees, it is•le;Ci►'of Meridian's intent that this } �..: ordinance stand alone and that violations of iW"ordinance not subject Licensees to administrative procedurek."t6 tsuspension, revo. ion or refusal to renew licenses outlined in Idaho Co64'SSbbfibn..23-933. Section 2. That all ordinances rg,401 arts thereof or in conflict with this ordinance arp.liirlyoided. Section 3. "TMat:this ordinance shall die effective on June 1, 2010. :..ti PASSED; -by the Gt�t;aiytil?o#li City of Meridian, Idaho, this day of009=:.z the City of Meridian, Idaho, this day of APPROVED: Tammy de Weerd Mayor ATTEST: ® Jaycee Holman City Clerk ALCOHOL SERVER CERTIFICATION PAGE 3 OF 4 ® DRAFT • O NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 09 - PROVIDING FOR A NEW CHAPTER OF TITLE 3, MERIDIAN CITY CODE REGARDING ALCOHOL SERVER TRAINING An Ordinance of the City of Meridian adding Title 3, Chapter 7 of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Idaho Code § 50-902: YES NO Second Reading: Third Reading: ALCOHOL SERVER CERTIFICATION TO ADEQUACY OF L.M. Nary;Cty Attorney of the City of Meridian, eelegal advisof the City and has reviewed a copy of `4 =;> of the City of Meridian, Idaho, and complete and provides adequate notice to the public William. L.M. Nary City Attorney PAGE 4 OF 4 t ® DRAFT 0 • � IDIAN�- I Meridian Police Department ADMINISTRATIVE POLICY SUBJECT: APPROVED SERVER TRAINING PROGRAMS PURPOSE: To enumerate Approved Server Training which shall qualify a Server for certificat 3, Chapter 7, Meridian City Code. :<<:.`: POLICY: These server training programs requirements of Meridian City be Approved Server Training P Meridian City Code: 1. ServSafe Alcohol F National Restaurant 175 West Jackson B 2. TIPS Suite 1700 (800} 4-3,-'.8477 pletion of requirements of Title by the Chief of Polio;'( ;.meet the on 3-7,;-2, B) and are therefore deemed to :.� ix;tle:�.=,purposes of Title 3, Chapter 7, Learn2gexve Alcohol Seller and Server Certification 3bOtrairin['g.com, Inc. 1`3$Q� K: Mo-Pac, Suite 100 4.: Ai s. _ Texas 78727 888-360-8764 http://www.leam2serve.com program MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. 7F3 REQUEST Legal Dept. - Discussion on Identity Theft Prevention Program Resolution AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: \� I 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. E CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM. WHEREAS, Section 114 of the Fair and Accurate Transaction Act of 2003 (FACTA) and 12 CFR 41.90 and 41.9 1, and the Identity Theft Red Flags regulations and guidelines contained therein, require the City as a utility provider that provides utility services to customers on a credit basis to adopt an Identity Theft Prevention Program to protect its customers. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City of Meridian hereby adopts the IDENTITY THEFT PREVENTION PROGRAM attached as Exhibit "A." Section 2. The administrative staff of the City is authorized to take all necessary steps to carry out the Identity Theft Prevention Program provided by this Resolution. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2009. APPROVED: Mayor Tammy de Weerd ATTEST: Jaycee L. Holman, City Clerk RESOLUTION ADOPTING AN IDENTIFY THEFT PREVENTION PROGRAM- PAGE 1 OF 1 ® RESOLUTION NO. EXHIBIT "A" IDENTITY THEFT PREVENTION PROGRAM In order to help combat identity theft, Congress enacted section 114 of the Fair and Accurate Transaction Act of 2003 (FACTA) and 12 CFR 41.90 and 41.91. In accordance with the Identity Theft Red Flags regulations and guidelines adopted by the Federal Trade Commission to implement FACTA, the City of Meridian, Idaho, as a utility provider that allows its customers to pay for utility services after the services have been received, is required to adopt an Identity Theft Prevention Program to protect its utility customers. The following policies and procedures are for the purpose of detecting, preventing and mitigating identity theft. The policies and procedures take into account the size and complexity of the City of Meridian's utility operations and account systems, and the nature and scope of the City's utility activities. For the purpose of this Program, the following definitions will apply: • "Covered Account" — 9 1. Any account the City offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and 2. Any other account the City offers or maintains for which there is a reasonable foreseeable risk to customers or to the safety and soundness of the City from Identity Theft. "Identifying Information" — Any name or number that may be used alone, or in conjunction with any other information, to identify a specific person, including: name, address, telephone number, social security number, date of birth, government -issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing number. "Program Administrator" — The City Chief Financial Officer, or the CFO's designee, shall serve as the Program Administrator. IDENTITY THEFT PREVENTION PROGRAM - PAGE 1 OF 7 ® I. IDENTIFYING RED FLAGS The following are identified as "Red Flags", which are potential indicators of fraud. Any time a Red Flag, or a situation closely resembling a Red Flag, is apparent, it should be investigated for verification. A. Alerts, Notifications or Warnings of Address Discrepancy 1. A notice of address discrepancy from the U.S. Postal Service, third party service providers with which the City has a business arrangement, and any other consumer reporting agency as defined in section 334.82(b) of the Fairness and Accuracy in Credit Transactions Act. B. Suspicious Documents 1. Documents provided for identification appear to have been altered, forged, or otherwise give the appearance of having been destroyed and reassembled; 2. The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification; 3. Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification; and 4. Other information on the identification is not consistent with readily accessible information that is on file with the City or is readily obtainable from the Ada County Assessor's Office or the Idaho Department of Motor Vehicles. C. Suspicious Personal Identifying Information 1. Personal identifying information provided is inconsistent when compared against external information sources used by the City. For example, a. The name or address does not match up with driver's license records maintained by the Idaho Department of Motor Vehicles; and/or b. The name or address does not match up with information maintained by the Ada County Assessor's Office;. 2. Personal identifying information provided by the customer is inconsistent with other information provided by the customer. For example, a. The name, address, or driver's license information on the Renter's Addendum is different from that which the customer has provided to the City either online or by phone, fax, or on other paperwork. 3. Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third -party sources used by the City. For example, IDENTITY THEFT PREVENTION PROGRAM - PAGE 2 OF 7 a. The address on an application is fictitious, a mall drop, or a prison; b. The driver's license provided is the same as that submitted by other persons opening an account or other customers; c. The name or address provided is the same as or similar to the name or address submitted by an unusually large number of other persons opening accounts or other customers; and/or d. The person opening the covered account or the customer falls to provide either initially or upon notification, orally or in writing, all required personal identifying information by the City. 4. Personal identifying information provided is not consistent with information that is on file with the City; and 5. The person opening the covered account or the customer cannot provide authenticating information in the event that the City elects to include as part of the account application process or servicing of other account information requests, the requirement for the individual to provide the answer to a challenge question or a password for identify verification purposes. D. Unusual Use of, or Suspicious Activity Related to, the Covered Account 1. A new account is used in a manner commonly associated with known fraud patterns. For example, a. The customer fails to make the first three payments or makes an initial payment but no subsequent payments; b. Receipt of Credit Request on an account less than six (6) months old; c. The customer requests an account number or account information before the first billing cycle; and/or d. Request for account password or username over the phone without providing supporting personal identification information. 2. New or Existing Account activity occurs in a manner commonly associated with known fraud patterns. For example, a. The customer stops making payments without requesting termination of services and does not contact the City upon termination of services for lack of payment; b. The City is notified that the customer is not receiving any statements; c. The account use pattern changes significantly; d. The City's billing statement is returned despite continued use; e. Use of provided services continues after move out; f. Request for name change on an existing account without providing supporting documentation justifying the name change; and/or g. Request for account password or username over the phone without providing supporting personal identification information. IDENTITY THEFT PREVENTION PROGRAM - PAGE 3 OF 7 E. Notice from Customer, Victims of Identity Theft, Law Enforcement Authorities, or Other Persons Regarding Possible Identity Theft in Connection with Covered Accounts 1. The City is notified by customer, a victim of identity theft, a law enforcement authority or any other person that the City has opened a fraudulent account for a person engaged in identity theft. II. PROCEDURES TO DETECT RED FLAGS The following procedures will be utilized to detect "Red Flags" when interacting with new and current account customers: A. Verify Identity of Customers 1. Utility Customers will be required to provide sufficient information to identify them as the owner of the property for which the utility services are to be provided. For example, a. Sufficient information includes, but is not limited to, a copy of the customer's driver's license, records obtained from the Ada County Assessor's Office, and the warranty deed. 2. Utility accounts will not be transferred into the name of a new ® customer without obtaining the same verification as required for the initial service request; 3. Utility accounts must be in the name of the property owner and not in the name of the tenant, unless allowed by City ordinance and the required forms (Renters Addendum and Billing Directive) have been signed and submitted accordingly by both the tenant and the property owner that the property owner will remain fully responsible for payment of the account; Property Managers must provide copies of their contract with an owner on record in order to have their names placed on the account; and 4. If the mailing address for the account is not the same address as the property receiving the services, statements will be mailed to the service address until such time as the customer provides verification that the alternative address is valid, for example, through DMV records or other records that can be independently substantiated. III. PROCEDURES TO PREVENT AND MITIGATE IDENTITY THEFT A. Administrative Procedures to Prevent and Mitigate Identity Theft upon the Detection of a "Red Flag" 1. Proper reporting procedures 0 a. Any time a Red Flag is identified relating to a covered account, the information will be provided to the Program Administrator; IDENTITY THEFT PREVENTION PROGRAM - PAGE 4 OF 7 ® b. The Program Administrator will review the information and seek to resolve the circumstances surrounding the detected Red Flag at the administrative level; and c. The Program Administrator in reviewing the information may consult with the City Attorney at any time to determine which of the following steps should be taken: (1) Continued monitoring of the account for evidence of identity theft; (2) Contact the customer at the address where the services are being received to verify the information and/or identity of the customer; (3) Change any passwords or other security devices, if any are used by the City, that would permit access to accounts; (4) Refuse to establish the account in the name of the person requesting the account be opened or the name of the account be changed; (5) Close an existing account; (6) Reopen an account with a new number; (7) Notify law enforcement; and/or (8) Determine that no response is warranted under the particular circumstances. B. Procedures for Staff to Follow to Maintain the Confidentiality of the Personal Information of Customers Received by the City for Identity is Verification Purposes 1. Proper filing, storage, and maintenance of customer personal identifying information a. Enter driver's license number onto the account in the computer (which only staff members have access to); b. Keep working hard copy forms in locked cabinets at staff's work area; and c. Retain hard copy forms for completed transactions in file room or the secure basement storage area. 2. Record Retention and Disposal a. Customer records will be retained in accordance to State and City record retention policies; and b. All hard copy customer records being purged are to be shredded by authorized vendor. IV. PROGRAM ADMINISTRATION The Program Administrator shall have the following duties and responsibilities under the Program: 0 A. Administrative Duties IDENTITY THEFT PREVENTION PROGRAM - PAGE 5 OF 7 ® 1. Develop, implement and update the Program; 2. Oversee the administration of this Program; 3. Report identity theft to the City Attorney and law enforcement; 5. Review and evaluate the Program on an annual basis; and 6. Report any recommended Program changes to City Council. B. Duties Related to Staff Training and Reports 1. Ensure that the City's utility staff is appropriately trained; 2. Review and follow up on any staff report regarding identity theft; and 4. Require staff to prepare a report at least annually for the Program Administrator, including but not limited to the following: a. An evaluation of the effectiveness of the Program with respect to opening accounts; b. An evaluation of existing covered accounts; c. An evaluation of service provider arrangements; d. Significant incidents involving identity theft and response; and e. Recommendations for changes to the Program. C. Service Provider Arrangements 1. In the event the City engages a service provider to perform an activity in ® connection with one or more accounts, the City will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies designed to detect, prevent, and mitigate the risk of identity theft: a. Require, by contract if appropriate, the service provider to have such policies and procedures in place; and b. Require, by contract if appropriate, the service provider review the Program and report any red flags to the Program Administrator. V. PERIODIC UPDATING OF THE PROGRAM This Program will be reviewed by the Program Administrator annually to determine if the Program needs to be amended to reflect changes in risks to customers and to determine the soundness of the Program to protect City covered accounts from identity theft. A. Factors to Consider when Conducting Annual Review and Program Modification 1. The City's experience with the Program; 2. Changes in the City's experience with identity theft and/or changes in the incidence rate of identity theft in the utility industry; ® 3. Changes in methods of detecting, preventing, and mitigating identity theft including the availability of new identity theft prevention technology; IDENTITY THEFT PREVENTION PROGRAM - PAGE 6 OF 7 U • 4. Receipt of new information regarding identity theft from other sources including, but not limited to, the Federal Trade Commission and law enforcement agencies recommending specific additions to, or modification of, the Program; 5. Changes in the City's utility business arrangements with other entities including third party service providers; and 6. Changes in types of accounts offered or account services. B. Procedures for Updating the Program 1. If the Program Administrator determines that updates to this Program are warranted, the Program Administrator will make recommendations for changes to the City Council; and 2. The City Council may accept, modify or reject recommended changes to the Program. IDENTITY THEFT PREVENTION PROGRAM - PAGE 7 OF 7 UMERIDIAN CITY COUNCIL MEETING O O October 20, 2009 APPLICANT ITEM NO. 7F4 REQUEST Amended onto Agenda - Discussion on rime Extension for JLJ Enterprises on Bittercreek AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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. • LJ 1 MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. 7G1 REQUEST Public Works Dept. - 2009 PNCWA Conference Update and Award AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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. 0 • • MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. SA REQUEST Ordinance No.09 — L43j_: AZ 09-002 Request for Annexation and Zoning of 2.52 Acres from RUT in Ada County to L -O (Limited Office) for Treasure Valley Veterinary Hospital by Rick Shackleford - 2600 S. Meridian Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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: See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ° BOISE IDAHO 10/22109 02:93 PM DEPUTY Randy Jennings RECORDED -REQUEST OF II I I I'I II' II I' (I' II II I'I I' II' II Meridian City 10910012 • CITY OF MERIDIAN ORDINANCE NO. 09 y� BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 09-002 TREASURE VALLEY VETERINARY HOSPITAL) FOR ANNEXATION OF A PARCEL LOCATED IN GOVERNMENT LOT 3 IN THE SW% OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND BEING PART OF LOT 2 OF BLOCK 1 OF VOLKMAN SUBDIVISION AS SHOWN IN BOOK 53 OF PLATS ON PAGES 4652- 4653, IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO L -O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. • BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Rick and Theresa Shackelford. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to L -O (Limited Office District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well • as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — AZ 09-002 TREASURE VALLEY VETERINARY HOSPITAL Page 1 of 3 • SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full • force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of (.1 bZ9 , 2009. C] APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 0C -f -&1,:;_0X , 2009. f ANNEXATION — AZ 09-002 TREASURE VALLEY VETERINARY HOSPITAL Page 2 of 3 • • • STATE OF IDAHO, ) ss: County of Ada ) On this _O? a day of OC.0(e , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. *..sees• (SE •y�`�10TaA',��� ; *so or sees O A Y P IC FOR IDAHO RESIDING AT: Un mho MY COMMISSION EXPIRES: jan 40.2o144 ANNEXATION - AZ 09-002 TREASURE VALLEY VETERINARY HOSPITAL Page 3 of 3 5� Annexation Description Shackelford Property A parcel located in Government Lot 3 in the SW 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being part of Lot 2 of Block 1 of Volkman Subdivision as shown in Book 53 of Plats on pages 4652-4653, in the office of the Recorder, Ada County Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwest comer of said Government Lot 3, from which an aluminum cap monument marking the northwest corner of said Government Lot 3 (W 1/4 Corner) bears N 0°11'41" E a distance of 1330.56 feet; Thence N 0°11'41" E along the westerly boundary of said Government Lot 3 a distance of 368.08 feet to the POINT OF BEGINNING; Thence continuing along said westerly boundary N 0°11'41" E a distance of 328.37 feet to a point; Thence leaving said westerly boundary S 89052128" E along the northerly boundary of said Lot 2 a distance of 334.38 feet to a 1/2 inch diameter iron pin marking the northeasterly corner of said Lot 2; Thence S 0009'34" W along the easterly boundary of said Lot 2 a distance of 329.19 feet to a point on the centerline of Edmonds Court; • Thence N 89044'02" W along said Edmonds Court centerline a distance of 334.58 feet to the POINT OF BEGINNING. This parcel contains 2.52 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC December 9, 2005 IEW vAL BY JUN 2 3 2909 MERIDIAN WORMS DEPT-. G T1118 ON NP .4'bfutlons Shackelford Property Ln° Sum " WW `°n"""B Job No. 05-08 0 �11 0 1 SHACKELFORD PROPERTY ANNEXATION SKETCH ffus isulting 231 E. STH ST. STE A MERIDIAN, ID 83642 (208( 28&2040 (208) 286 25571 . www.landsWuticnib(z MERIDIAN CITY COUNCIL MEETING October 20, 2009 APPLICANT ITEM NO. 9 REQUEST Executive Session per Idaho State Code 67-2345 (1) (f) - (to consider and advise its legal representatives in pending litigation) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PURCHASING: 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.