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HomeMy WebLinkAbout2010 08-24E IDIAN�--- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 24, 2010 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree O Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Ed Kreiner of Meridian Assembly of God 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of July 6, 2010 Special City Council Meeting B. Approve Minutes of July 7, 2010 Special Budget Hearing C. Approve Minutes of July 27, 2010 City Council Regular Meeting D. Approve Minutes of August 3, 2010 City Council Special Meeting E. Approve Minutes of August 10, 2010 Special Workshop F. Approval of a Sewer Main Easement for the Paramount South Sewer Extension for Linder Self Storage by CRS 8, LLC G. Intergovernmental Memorandum of Understanding (MOU) for Use of Meridian Police Department Canine Holding Facility Between the City of Meridian and Ada County Sheriffs Office H. Hubble Homes LLC. Agreement to Fund the Developers Proportionate Share of the Extension of the Black Cat Sewer Line as an Alternate to Constructing the Required Temporary Off -Peak Station for the Eastancia Subdivision Meridian City Council Meeting Agenda — Tuesday, August 24, 2010 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. I. Development Agreement for Approval: RZ 09-002 Request for Rezone of 10.13 acres from R-8 (Medium Density Residential) to TN -R (Traditional Neighborhood Residential) Zone for Crossfield by Pride, LLC Located at the South Side of West Ustick Road and West of North Blairmore Way J. Addendum to Development Agreement for Approval: MDA 10- 006 Spring Creek Ustick (aka Ashtyn Park) by Douglas Clegg Located at 3165 N. Meridian Road: Request for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility of a Professional Office Park as Previously Proposed K. Resolution No. 10-736: A Resolution Approving Submission of the Community Development Block Grant (CDBG) Program Year 2010 Action Plan 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 6. Community Items/Presentations A. Presentation by Chief Niemeyer to Recognize and Honor Citizens Christy and Elizabeth Jacobs, and the Meridian Fire Department B. Meridian Arts Commission Report: Artwork for Art in Public Spaces - Permanent City Hall Art Collection Approved artwork selection 7. Items Moved From Consent Agenda 8. Action Items A. Public Hearing: TE 10-017 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located at North of W. Chinden Boulevard, West of N. Spurwing Way Request for an 18 Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved B. FP 10-006 Larkspur Subdivision No. 3 by JLJ Enterprises Located at 240 E. Edmonds Court Request for Final Plat Approval of 22 Building Lots and 1 Common Lot on Approximately 3.79 Acres in an R-8 Zoning District Approved Meridian City Council Meeting Agenda — Tuesday, August 24, 2010 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. 9. Department Reports A. Approval of New Beer, Wine and Liquor License for The Curb Bar & Grill, LLC dba The Curb Bar & Grill; Located at 1760 S. Meridian Rd., Suite 100 Pending Ada County Approval Approved with Conditions B. Mayor's Office: Web Streaming Discussion C. Collective Labor Agreement Between City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 Approved D. Planning Department: Opportunity 10. Ordinances High Capacity Corridor, Partnership A. Ordinance No. 10-1454: RZ 09-002 Crossfield Subdivision: Request for Rezone of 10.13 acres from R-8 (Medium Density Residential) to TN -R (Traditional Neighborhood Residential) Zone for Crossfield by Pride, LLC Located at the South Side of West Ustick Road and West of North Blairmore Way Approved 11. Other Items A. Executive Session per Idaho State Code 67-23456 (1) (f) - To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 8:04 p.m. Out of Executive Session at 9:42 p.m. Adjourned at 9:42 p.m. Meridian City Council Meeting Agenda — Tuesday, August 24, 2010 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. E IDIAN*-- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 24, 2010 at 7:00 PM ✓ 1. Roll -Call Attendance David Zaremba f Brad Hoaglun Charlie Rountree D Keith Bird Mayor Tammy de Weerd �. Pledge of Allegiance ✓ 3. Community Invocation by Ed Kreiner of Meridian Assembly of God ✓ 4. Adoption of the Agenda 0-&,(j g 5. Consent Agenda -8 4 I Ck-R A. Approve Minutes of July 6, 2010 Special City Council Meeting B. Approve Minutes of July 7, 2010 Special Budget Hearing C. Approve Minutes of July 27, 2010 City Council Regular Meeting D. Approve Minutes of August 3, 2010 City Council Special Meeting E. Approve Minutes of August 10, 2010 Special Workshop F. Approval of a Sewer Main Easement for the Paramount South Sewer Extension for Linder Self Storage by CRS 8, LLC G. Intergovernmental Memorandum of Understanding (MOU) for Use of Meridian Police Department Canine Holding Facility Between the City of Meridian and Ada County Sheriffs Office H. Hubble Homes LLC. Agreement to Fund the Developers Proportionate Share of the Extension of the Black Cat Sewer Line as an Alternate to Constructing the Required Temporary Off -Peak Station for the Eastancia Subdivision Meridian City Council Meeting Agenda — Tuesday, August 24, 2010 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. Vo I. Development Agreement for Approval: RZ 09-002 Request for Rezone of 10.13 acres from R-8 (Medium Density Residential) to TN -R (Traditional Neighborhood Residential) Zone for Crossfield by Pride, LLC Located at the South Side of West Ustick Road and West of North Blairmore Way J. Addendum to Development Agreement for Approval: MDA 10- 006 Spring Creek Ustick (aka Ashtyn Park) by Douglas Clegg Located at 3165 N. Meridian Road: Request for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility of a Professional Office Park as Previously Proposed K. Resolution No. Proposed # 10-736 A Resolution Approving Submission of the Community Development Block Grant (CDBG) Program Year 2010 Action Plan 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 6. Community Items/Presentations A. Presentation by Chief Niemeyer to Recognize and Honor Citizens Christy and Elizabeth Jacobs, and the Meridian Fire Department �B. Meridian Arts Commission Report: Artwork for Art in Public Spaces.kPermanent Jannent Cityy Hall Art r Collection 1� 041 f CV -0 7. Items Moved From Consent Agenda 8.ction Items A. Public Hearing: TE 10-017 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located at North of W. Chinden Boulevard, West of N. Spurwing Way Request for an 18 Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Ci�nncc r�u-Yuc�- (-3,0 � B. FP 10-006 Larkspur Subdivision No. 3 by JLJ Enterprises Located at 240 E. Edmonds Court Request for Final Plat Approval of 22 Building Lots and 1 Common Lot on Approximately 3.79 Acres in an R-8 Zoning District Meridian City Council Meeting Agenda — Tuesday, August 24, 2010 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. C,� o t- (Dt/Dq- 9. Department Reports A. Approval of New Beer, Wine and Liquor License for The B. ✓ C Fil Bar & Grill, LLC dba The Curb Bar & Grill; Located at 11 Meridian Rd., Site 100 Pending Ada County Approval Mayo s Office: Web Streaming Discussion �� Curb 60S. Collective Labor Agreement Between City of Meridian and Meridian Firefi h rs I.A;F.F. Local 4627.E-�� g+F/ D Z- �3,' 11 Nast GLtI� lViQrn.c� Planning Depa ment: High gapacity Corridor, Partnership Opportunity i. Cac� 10. Ordinances A. Ordinance No. Proposed #. 10-1454: RZ 09-002 Crossfield Subdivision: Request for Rezone of 10.13 acres from R-8 (Medium Density Residential) to TN -R (Traditional Neighborhood Residential) Zone for Crossfield by Pride, LLC Located at the South Side of West Ustick Road and West of North Blairmore Way 11. Other Items A. Executive Consider Litigation Session per Idaho State Code 67-2345 (1) (f) - To and Advise Its Legal Representatives in Pending JIINIS � 67 Meridian City Council Meeting Agenda — Tuesday, August 24, 2010 Page 3 bf 3 ' �� /U — tV 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 August 24, 2010 A Council meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, August 24, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Caleb Hood, Warren Stewart, James Leslie, Mark Niemeyer, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd de Weerd: I would like to welcome you all here this evening. Thank you for joining us. For the record, it is Tuesday, August 24th at 7:00 p.m. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance de Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation de Weerd: Item No. 3 is our community invocation. Is Pastor -- I don't see Pastor Ed Kreiner. Item 4: Adoption of the Agenda de Weerd: So, we will go ahead and skip to Item 4, which is adoption of the agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: A couple items to amend onto the agenda here. Under the Consent Agenda, under 5-K, that resolution number is 10-736. And under Item 10 -- 10-A, Ordinance -- that ordinance number is 10-1454. And with those changes, Madam Mayor, I move adoption of the agenda as presented. Meridian City Council August 24, 2010 Page 2 of 24 Rountree: Second. Zaremba: Second. de Weerd: I have a motion and a second to approve the agenda as presented. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of July 6, 2010 Special City Council Meeting B. Approve Minutes of July 7, 2010 Special Budget Hearing C. Approve Minutes of July 27, 2010 City Council Regular Meeting D. Approve Minutes of August 3, 2010 City Council Special Meeting E. Approve Minutes of August 10, 2010 Special Workshop F. Approval of a Sewer Main Easement for the Paramount South Sewer Extension for Linder Self Storage by CRS 8, LLC G. Intergovernmental Memorandum of Understanding (MOU) for Use of Meridian Police Department Canine Holding Facility Between the City of Meridian and Ada County Sheriffs Office H. Hubble Homes LLC. Agreement to Fund the Developers Proportionate Share of the Extension of the Black Cat Sewer Line as an Alternate to Constructing the Required Temporary Off -Peak Station for the Eastancia Subdivision I. Development Agreement for Approval: RZ 09-002 Request for Rezone of 10.13 acres from R-8 (Medium Density Residential) to TN -R (Traditional Neighborhood Residential) Zone for Crossfield by Pride, LLC Located at the South Side of West Ustick Road and West of North Blairmore Way J. Addendum to Development Agreement for Approval: MDA 10- 006 Spring Creek Ustick (aka Ashtyn Park) by Douglas Clegg Located at 3165 N. Meridian Road: Request for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility of a Professional Meridian City Council August 24, 2010 Page 3 of 24 Office Park as Previously Proposed K. Resolution No. 10-736: A Resolution Approving Submission of the Community Development Block Grant (CDBG) Program Year 2010 Action Plan 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 de Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: As noted under 5-K, that resolution number is 10-736 and with that noted, move approval of the Consent Agenda and that the Mayor authorize to sign and the Clerk attest. Rountree: Second. de Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. Presentation by Chief Niemeyer to Recognize and Honor Citizens Christy and Elizabeth Jacobs, and the Meridian Fire Department de Weerd: Item 6 is our Community Presentation. Chief Niemeyer has a presentation for two ladies that have joined us tonight. They are visitors to our community and the chief will tell the story. Niemeyer: Madam Mayor, Members of Council, thank you. I was notified in an e-mail from one of our engine captains on the 21 st of July that he would like to recognize some civilians that we have in our community that really made a difference in a woman's life and so at this time I would like to invite Sondra Rollins and her daughter Christy Jacobs. We also have Elizabeth, but Elizabeth is working tonight and couldn't get out of work, so she is stuck at work. So, if you guys could join me up here. Sondra and Christy were Meridian City Council August 24, 2010 Page 4 of 24 driving through town -- Sondra lives here in Meridian and Christy lives in Silver Valley. Way north. They were driving through town and happened to notice an elderly lady that had fallen and was laying on the ground in front of her house and so Sondra turned the car around -- she was driving, turned the car around and they went back to assist this -- this lady. Called 911 and our engine captain and his crew showed up and began talking to the lady and realized that she had been laying there for four hours plus crying out for help and couldn't get any. She had bilateral knee replacements and so she couldn't crawl to any phone and she didn't have a phone with her and so I'd like to share with you the e-mail that I got from this engine company captain. It says: Chief, this call has some big hearted folks that stopped to help a 73 year old woman on the ground. The woman had gone outside to feed some birds, fell down, and tried for four plus hours to get help from anyone passing by. She was all scratched up from trying to pull herself up onto a nearby tree. She couldn't crawl, because of two knee replacements. I think had they not stopped it may have been the paper guy that found her in the morning. They would have my vote to be recognized by the department, sincerely, Captain Rountree. So, it was Tyler's crew that went out and assisted this elderly woman. She did great. She did fine. But had it not been for a member of our community and her daughter and her granddaughter, who can't be here, we don't know how long this woman would have laid there. So, I would like to offer up two certificates -- now, I am following a mom's request. The mom said all I was doing was driving. I'd really like you to recognize my daughter and granddaughter. So, I told Sondra I will honor that request, but I'm still bringing you up in front of everybody. So, she is up here with us. So, this certificate of appreciation is presented to Christy Jacobs in recognition of your quick actions in assisting a fellow community member. Given this 24th day of August, 2010, and it's signed by myself and also the Mayor and we do have one for your daughter and so we will let you give that to her and, again, we thank you for taking the time to stop. We appreciate it. de Weerd: Well, you can visit our community anytime. We certainly appreciate that. You know, that is what makes our community unique is we have people like yourself who have big hearts and they don't just drive by and I'm hoping that you were the first ones to drive by, but, you know, it's -- we just appreciate that you added to why this community is a special place to be. So, thank you for joining us here tonight and letting us recognize your -- your great act of compassion. So, thank you. B. Meridian Arts Commission Report: Artwork for Art in Public Spaces - Permanent City Hall Art Collection de Weerd: Item 6-B is our Meridian Arts Commission report and I will ask Meg to, please, join us. Glasgow: Well, thanks for having me here tonight. All kinds of good news. It's kind of fun. de Weerd: Yes. Meridian City Council August 24, 2010 Page 5 of 24 Glasgow: Do we have the pictures coming through? Did Emily prepare those? Holman: No, I don't have any for -- I haven't had anything. Bill, did you have anything? Nary: I thought they were on the packets. Holman: Meg, they might be in their packets. Hoaglun: Madam Mayor, under the community items presentations on the -- those pictures are there. de Weerd: Are we able to pulls those up? I have the piece I have. Glasgow: Okay. Mayor, if you would like to share that with the Council, then, because, I apologize, I thought Emily was -- Hoaglun: Meg, while they are doing that, I might ask you -- there were two that were in our packet and one gave the little thing of the picture and, then, it gave the -- the bio, for example. Is that one you want us to look at, or do you just want us to be looking at the -- Glasgow: I believe there is three that the Council -- or that we are recommending to Council for purchase for the Art In Public Spaces project. This is an initiative that we set off with the completion of Meridian City Hall to purchase original art done by artists from our community and we were very pleased this go around, we send out a call to artists across the entire Treasure Valley. We had 11 very, very qualified artists submit and we looked at a number of pieces and out of that we distilled it down to these three that we felt were the best -- really, the cream of the crop. Wonderful. This is the first one. This is an oil painting done by a Meridian artist Mark Manwaring. Anna's teasing us tonight. So, Mark Manwaring is a long time Meridian artist. You might remember him from doing his silent heroes series. He's done a lot of work with firefighters and that sort of work. In fact, Mayor has a print of his in the -- in her office upstairs. He's been recognized nationally. His work -- some of his images are published -- two collectible items, like a company like the Bradford Exchange, very very accomplished artist. This particular painting caught our eye for a number of reasons. The composition of the painting, the light coming through, it's just a cheerful scene that is reminiscent of, you know, many, many streets walking through Meridian. So, that was one we identified early on as one that we would like to purchase for the city's permanent art collection. Do we have a second one to look at? Excellent. William Gardoski. Again, another long time Meridian resident. This particular painting, again, is an oil painting that he did just recently for our consideration. This was, obviously, of the creamery, the Meridian creamery. This is a painting that he composed based on historical fact and research he did from historical photographs, some was artistic license, and a little bit of imagination kind of pulled in together and his work is I think remarkable, because he only uses 11 colors in this particular pallet and very small fine paint brush, as you can see from the fine, fine detail in this particular piece and he, generally, works, he says, about 20 paintings at a time, Meridian City Council August 24, 2010 Page 6 of 24 because he does everything so slowly and most of his paintings about 100 hours to complete. So, we thought this was a really wonderful image to be included in the city's art collection as well. Particularly the significance of the site of where Meridian Hall is -- City Hall is standing right now. So, that is Bill Gardoski. This third piece that the Arts Commission is recommending for purchase is a painting called Looking East and this is by Sandy Marostica. You might remember her. Sandy had her exhibition up in Initial Point Gallery a few months back. Fantastic artist. She's got her Bachelor's of Fine Arts from Boise State. She's a very accomplished artist both in the Treasure Valley here and as well as recognized nationally. This particular image -- she took this photograph last summer on a June morning and she was walking across the street there and looking down the tracks and she saw that a truck had just passed by on the road and stirred up some dust and it just reminded her of memories of her childhood when she lived here in Meridian and going on Saturday mornings with her family to the visit the feed store, the lumber yard, and she just said a note that I thought was kind of interesting that this scene has a special honesty and authenticity that makes it beautiful in its own way. Again, it's another oil painting and just a really interesting -- interesting image that we were quite taken with. So, of the submissions those are the three that we are recommending this go around to City Council for your input. If you have any questions for me please ask. But we are excited to add these to the art collection in City Hall and we are hoping you do as well. de Weerd: Thank you. Any comments, questions from Council? Rountree: Great selection. Good job. Glasgow: Thank you. de Weerd: They let me sit in on the discussion and it was -- it was very interesting to see how they come up and rated, the discussion on each piece. There were some great submittals. These rose to the -- these were -- these rose to the top. There was a clear delineation between the favorites and the others, so hands down these stood out. So, I guess, Council, tonight we would need your action or approval, so staff can move forward and putting together the agreements and the purchases can move forward in this budget year. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I move approval of the recommendation by the Meridian Arts Commission and the selection of the three items presented tonight. Rountree: Second. de Weerd: I have a motion and a second. Any discussion? Seeing none, Madam Clerk, will you call roll. Meridian City Council August 24, 2010 Page 7 of 24 Roll -Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: Thank you so much, Meg. Glasgow: Thank you. It's my pleasure. de Weerd: We look forward to seeing these hanging on the walls of City Hall. Item 7: Items Moved From Consent Agenda de Weerd: Okay. Our next -- there were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: TE 10-017 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located at North of W. Chinden Boulevard, West of N. Spurwing Way Request for an 18 Month Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: So, we will move to Item 8 under Action Items. Our first Item 8-A is a public hearing on TE 10-017. 1 will ask for staff comments at this time. Canning: Madam Mayor, Members of the Council, this is a time extension for Olive Tree at Spurwing Subdivision. The subject property is generally located north of Chinden and west of Spurwing Way. This is a time extension to obtain the city engineer's signature on the final plat and this is the second 18 month time extension requested by the applicant. The preliminary plat consists of 65 single family building lots and six common lots on 20.51 acres. The applicant states that the reason for the request is that they have been unable to comply with the time requirements specified in the UDC, because of the sustained economic down turn and market conditions. To our knowledge there are no outstanding issues before Council and we have received written agreement from Mrs. McKay with -- stating agreement with the staff report and the conditions of approval. Staffs recommendation is to approve with the conditions in Exhibit B of the staff report. de Weerd: Thank you. Would the applicant like to comment? This is a public hearing. Is there any member of the public who would like to provide testimony on this application? Seeing none, Council? Rountree: Madam Mayor? Meridian City Council August 24, 2010 Page 8 of 24 de Weerd: Mr. Rountree. Rountree: I move we close the public hearing on Item 8-A. Zaremba: Second. de Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve the application for extension subject to the conditions of Exhibit B in the staff report. Hoaglun: Second. de Weerd: I have a motion and a second to approve Item 8-A. If there is no discussion, Madam Clerk, roll call, please. Roll -Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. FP 10-006 Larkspur Subdivision No. 3 by JLJ Enterprises Located at 240 E. Edmonds Court Request for Final Plat Approval of 22 Building Lots and 1 Common Lot on Approximately 3.79 Acres in an R-8 Zoning District de Weerd: Item 8-13 is final plat 10-006. 1 will ask for staff comments. Canning: Madam Mayor, Members of the Council, we do have a letter from the applicant stating they are in agreement with the conditions of approval. de Weerd: Okay. Council, any questions for staff at this time? Is there any comment from the applicant? Okay. Council, any questions for staff or applicant on this item? Rountree: I have none. de Weerd: Okay. Thank you. Meridian City Council August 24, 2010 Page 9 of 24 Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: This was not a public hearing, so we do not have to close the public hearing; correct? de Weerd: Correct. Hoaglun: Okay. Madam Mayor, I move approval of FP 10-006, Larkspur Subdivision No. 3 for final plat approval. Rountree: Second. de Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion, Madam Clerk, roll call. Roll -Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Department Reports A. Approval of New Beer, Wine and Liquor License for The Curb Bar & Grill, LLC dba The Curb Bar & Grill; Located at 1760 S. Meridian Rd., Suite 100 Pending Ada County Approval de Weerd: Under Department Reports, Item 9-A is who? Mrs. Holman. Holman: Okay. Madam Mayor, Members of the Council, I wanted to note that you're seeing a few of these approval of beer, wine, and liquor licenses show up on the regular agenda. The reason we are having these here and there is because when we went to the three meetings a month sometimes is causes people to have to wait two weeks and we try to accommodate not making them wait another week once they get all of their approvals in place through the county, the state, and certificates of occupancy and all that. This is for The Curb. It's located at the -- where the former -- I think -- it's not Grains of Montana. Nary: Wheat Montana. Holman: Wheat Montana. We do have their state approval. I believe they are hopefully being approved by the county -- I believe today. We are waiting on a certificate of occupancy and approval from the fire department, but we were -- they Meridian City Council August 24, 2010 Page 10 of 24 really wanted to be able to open by the time the first Boise State Football game happened. So, we were just needing to, hopefully, have you approve this on condition of them receiving their certificate of occupancy, county, and fire approval. And I don't know if the fire department has anything they would like to add. Niemeyer: Madam Mayor and Members of the Council, we spoke with Rick Jackson today and he is going tomorrow morning to approve the hood system. That's the last installation that they had to do before an inspection. So, he will be -- he's got that appointment tomorrow morning to inspect the hood system. It was installed today. de Weerd: And that is all that's remaining of that inspection? Niemeyer: That's all that's remaining from our side from the fire department. de Weerd: Okay. Okay. Council, any questions for staff? Zaremba: If we are ready I have a motion. de Weerd: Okay. Zaremba: I move we approve the beer, wine, and liquor license for The Curb bar and grill and authorize the clerk to hold it until all of the other approvals have been assembled. Rountree: Second. de Weerd: I have a motion and a second to approve Item 9-A based on the conditions as stated. Any discussion? Madam Clerk, roll call. Roll -Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Mayor's Office: Web Streaming Discussion de Weerd: Item 9-B is the Mayor's office web streaming discussion. Simison: Thank you, Madam Mayor, Members of the Council, for allowing me to present this information to you tonight. I'm going to talk about a topic that I'm sure that you all are familiar with through one way or the other and that would be webcasting City Council meetings. Webcasting is not a new concept. It's been around for quite a few years, but its transmission of audio and video over the internet, you know, just like TV, except for on your computer with different resources. We feel that this provides convenience for staff and the public. It allows viewing of meetings live from any location Meridian City Council August 24, 2010 Page 11 of 24 that has a computer. It opens up the transparency to those that aren't able to attend meetings here in person or who would like to view information at a later date from the meeting and, really, what it -- what we feel it does is it does what we are trying to do with the town hall meetings, we are trying to take the walls of City Hall and open up City Hall beyond the walls of the buildings to the public in different venues and over the web we think is a perfect opportunity to continue that process to bring transparency of the activities and actions of the city to the public. As I mentioned, you know, it's not a new concept. C -Span and Congress does this. The Idaho State Legislature does this. The city to the east of us does this. ACHD is doing this. Tonight the city of Eagle is doing it for the first time and also through some correspondence that I have seen it looks like the city of Garden City is also examining doing web streaming of meetings. Don't know how far they are in that, I wasn't able to confirm that with their office, but they have been doing this. And I just wanted you to know -- two of those other entities, Boise and ACHD, both currently don't just do web streaming, they have a contract with TVCTV where their meetings are broadcast over Channel 98, which is public access television. So, in addition to this web streaming, which is really step one, they have also gone to step two and opened up their meetings to the public. As you may or may not be aware when this building was built, it was built with the -- primarily the building to pull this off in some fashion. Right now there is a camera that's behind me that is broadcasting throughout people here in City Hall, if they have a television and are hooked into the cable system. There is an audio system to allow the transmission of that audio and video, but, unfortunately, as someone that you may not realize, I'm here every Tuesday in my office watching these meetings, but, you know, I'm either watching the back of the person behind me -- I can't see -- de Weerd: Just like we are right now. Simison: Correct. Can't see the presentations that are put up by people, whether it's the planning department or anything else on workshop evenings, because the system doesn't allow us to incorporate that into the video feed. So, it's really not the best viewing experience for people either on the web or even here in City Hall to see fully what's going on. With that in mind, if the Council wanted to -- wanted to begin streaming the activities taking place here in City Council, there are recommendations that we would like to make it a more pleasurable viewing experience. Specifically immediately we would talk about adding one camera up behind the City Council, so that you could get what the people that are viewing, as well as incorporating what's called a tricaster and that -- that machine would enable taking the presentations which are presented to Council and incorporating them into the streaming of the activities. I think that that creates a much better viewing experience for everybody who is watching at home and doesn't -- only, essentially, making an audio file is what we would do right now if we started webcasting these, it's an audio file for all intents and purposes for people who have the same basic concept. So, with that in mind, if this is something the Council wanted to do, we can look at this in a couple different ways. We can do -- plan for it to what we would like to do in the long term, but still do it in phases for any additional purchases that would be needed, such as a tricaster and camera and I would also recommend at least some microphones at the dais becoming push to talk. In our Meridian City Council August 24, 2010 Page 12 of 24 discussions with individuals, they said that we will get a better sound quality going out over the internet if we limit the number of microphones which are active at once, because right now any of these mics are, essentially, searching for sound to broadcast and if we change out those mics so that they have to be activated, it will -- it reduces the ambient noise throughout and creates a better, more sound quality that is broadcast in that. So, there is that component that I would recommend to Council consider doing and as far as timing goes, you know, there is an existing funding source that could be accessed this year. The City Council does have a discretionary amount that we could begin to purchase the things that we need this year or if the Council would like to wait until next year we could bring it back as a budget amendment for next year or use additional -- the Idaho Power funds that were carried forward from this last year. So, there are some -- some locations where funds could be used or accessed to move forward on something of this nature. I did want to just talk about a couple of other real quick things. We had been talking to our IT Department about what this means. We do have the band width to push this out over our internet through what we have with Time Warner, so there is not a concern about people being able to access it or it slowing down the system or work with them about how much would be archived at any one point in time on the website. They think through compression we can probably easily access -- have three to six months up on our web site for people, which enables people to access the information afterwards and we would just have to figure out how long that would be. We don't want to go into a situation where putting a lot of pressure on the server to maintain that stuff on our website over the long term, but we would still have access to it through, you know, bringing it to DVDs and keeping copies of it and as far as staff time, you know, I have committed myself, as I am here, to coming in and operating the cameras as we -- we work through this trial to see how we like this. If we are unable to get an intern to come in and do it, it's a fairly simple process, basically touching three buttons as needed to change the things for City Council, but we think that we can find ways to do this, either working with myself or with other staff that's here. We have had discussions with the planning department that they would also be available when they have multiple people down here to work with that if needed. So, with that I'm happy to answer any questions you may have or get -- get guidance on if you'd like to proceed with this and open up for any questions. de Weerd: Thank you, Robert. Council, questions? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: How much? Simison: Probably at the initial phase could be done for under 20,000. But the primary cost is a tricaster, which is 15,000 dollars. One additional camera is about 900 dollars. There are some unknowns beyond that. We have been working with the company trying to -- they are not the ones that installed this system, so they are trying to make sure that what they want to do can either just be installed simply or it could be a Meridian City Council August 24, 2010 Page 13 of 24 thousand dollars more to purchase the things to operate the cameras. But with the labor, installation, wiring, any other things that we think we can get it going for about 20,000. If Council's desire would be to have higher quality cameras or microphone changes, then, that does have a cost for each microphone we would want to change out and each camera could be up to about 3,000 dollars if we wanted to go to a higher grade camera. But right now we are not making that recommendation. Those cameras are about 900 dollars. Hoaglun: Madam Mayor and Robert, when you say microphones, does that mean it's additional for the press to speak? Simison: Yeah. The mics that are at the dais would have to be changed out completely and replaced with a push to speak mic. It's the same company. It, essentially, would just be pull out, you wouldn't really see any difference, except for you as -- whoever is speaking at the dais would have to push to activate their mic. I believe that they are push once. You don't have to hold them down and, then, push again to deactivate them and the recommendation would be for at least five of those at this point in time and that could have potentially 1,100 to 1,200 additional cost to do those five. So, there are components to it and I'm happy to work with, you know, our liaison to come up with a plan based upon whatever Council's recommendation to move forward or not is on that that people are comfortable with. de Weerd: And I think, Robert, you haven't talked about the additional benefits. We see this -- we talked very briefly in our directors meeting today about it in terms of the other possible uses in our prevention, both in the police department and fire department programs, in our environmental programs. I know Mollie is very interested in also utilizing the technologies and the equipment to educate our citizens about different programs going on in both our wastewater treatment plant and our water department. So, there are a number of additional uses that we can do in getting information and education out to our citizens in multiple out reaches, because one doesn't always work for everyone and we are trying to find out how to accommodate the different methods of delivery that our citizens desire. Simison: And, Madam Mayor, Council, I would add those are the benefits that the tricaster brings. Not only does it allow it to be plugged in to operate the integration of the stuff, but it can also be unplugged and have additional uses throughout the city. You know, I have spoken with Chief Niemeyer. He currently has a couple members of the fire department who are producing videos using their home software for the fire department. This would enable them to not have to do that at home and utilize the city's recourses to create those videos that the fire department is using, as an example. The other thing I would point out -- de Weerd: Just before you move. Those are training videos. Just thought I would clarify that. Meridian City Council August 24, 2010 Page 14 of 24 Simison: The other thing that really by moving -- we are seeing a lot more video being done generally in the city and I just did want to point out if it's the desire, we do see a potential -- we have had businesses who have inquired about sponsoring our community videos that are on our website. The This Week In Meridian video that we are putting up weekly, if that's something that we would like to consider, we do see that as potential revenue stream that could help pay for future improvements, either here in the City Council chambers or for the video items that are going to take place -- if we decide an intern should be paid from the high school to operate these devices -- we think that there is revenue streams potentially to help if there are future costs. But right now our intention is to keep it simple. de Weerd: And interns that get class credit -- Simison: Correct. de Weerd: -- by way of payment. Simison: Right. de Weerd: Any questions -- any further questions from Council? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Just a comment. As far as I'm aware, as long as we have been talking about having this City Hall, some method of broadcasting the meetings has been part of the discussion, so I'm in favor of moving forward. I guess technically you don't call this broadcast, but some way to get the meetings out and not just our meetings, but we have got several commissions that meet here and their meetings could be broadcast as well and I'm in favor on the one hand of moving forward with it. I don't see the need at this point to make it the top of the line system. I think if we get it out there as cheaply as we can and, then, as time goes on we will develop the other needs, but I am in favor of doing something. Hoaglun: Madam Mayor and Rob, you know, I'm always in favor of more transparency, openness in government. That's a good thing, not a bad thing. 1 think we need to be sure we can get the information -- like tonight when we had the budget presentation, the graphs and the pie charts help explain what -- what it is that's being discussed. So, having that technology available from the get go I think is a good start, so -- and, then, the microphones, if it improves the sound in this whole chamber, I'm certainly for that. But if it makes Dean hear better that's good, but -- and for the folks in the audience. But that may be a whole separate issue as we struggle with the audio here a little bit, but that's something to take a look at and might have to be phased in there, but I think initially having the additional camera and the software or whatever it is to put up the presentations as we go through it is a good thing. Meridian City Council August 24, 2010 Page 15 of 24 Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Well, here we go again. It might be less than 20,000 dollars and it's a grand idea. We have just passed the approval of an ordinance for the 2010 budget amendment and the ordinance for the 2011 budget. It seems to me this is a capital improvement that's going to be in excess of 20,000 dollars if you're going to do it right and if you're going to do it let's do it right. Microphones. Cameras. You're talking about warehousing, storage of this, so you're going to have a server, you're going to have to have space someplace that doesn't come inexpensively. Why we would want to do that don't know. We already pay clerk staff to do minutes. We pay a court recorder to record the meetings. I don't know why we have to have that kind of redundancy. I'm not necessarily opposed to the transparency aspect. Again, the same issue I had before with some other projects, that have kind of just come out of the sky. It's a great idea and we have got the money, so let's spend it. Well, let's get it figured out what it is we are going to do and not just get the nose under the tent again and, then, have to buy some more equipment to make it work. If we are going to do it -- I'm not objecting to doing it, but if we are going to do it, let's find out what it's going to cost. Let's find out what's going to have to be done to make it right. We have fought this sound system since the day we walked into this Council chamber. To me there is probably going to be just a little bit more involved than buying a piece of equipment that will generate videos. So, that's where I am. Let's take a hard look at it. Let's take a hard look at what it's going to cost. If the -- if we can -- if it's going to be a good idea and the Council wants to move forward with it, let's carve it out of next year's budget. It's not just what little bit the Council might have at their discretion in their budget, which isn't much, and let's do it a budget amendment next year, if that's what we want to do. But let's find out what all -- it's a new system, what all the pieces, parts, are going to cost, what pieces, parts, we are going to have to have and, then, bring it to us. Simison: And, Madam Mayor, Mr. Rountree, we do have that information. What we have found in working with the individual that we have -- and I have got a complete cost sheet to have up and running. But what he's finding is as we are still struggling with getting the information from the people who installed this system, that there are unknowns and that's what he's trying to resolve and that's -- and those are the type of things that we are still working through, but we wanted to come to you and not waste one of our potential vendor's time in delving into reading those books to try to make sure it will all work appropriately with the way we want to do it. And that's, really, what we are here -- and I'm fine with bringing this back at the budget amendment in next year if that's what Council's direction is, it just allows us to move forward and come up with a complete cost and package and work with our liaison and determine microphones and any other needs and talk about the camera that people do or don't want. But that's -- my intention tonight was to come forward to see what people want to do, if they want to move forward this year I'd be happy to do that. Otherwise, we are happy to come back with a full plan for next year if that's the desire. Meridian City Council August 24, 2010 Page 16 of 24 Hoaglun: Madam Mayor? de Weerd: And I think, Council, this wasn't a rushed deal. As Councilman Hoaglun mentioned, this has been anticipated for the City Hall project since it was designed. It was anticipated to perhaps even come at an earlier stage, but as you have noted, we have had issues with the sound system in here and a number of other things. With discussions of TVCTV it kind of expedited the conversations and the need to start collecting the information on the cost and, actually, thought it's still possible to do this budget year, but we keep running into unexpected obstacles. Not by any of our choosing, but -- Mr. Hoaglun. Hoaglun: Yeah. Madam Mayor and Rob, what I heard you say earlier -- and I think you just reiterated -- was the fact that this would be something you would work with your liaison with. We do need to have a -- you know, an accounting of all the costs and what this thing will be as a total package and the different options that we might think about. It might be that servers and some other things that we didn't quite anticipate may have to be added, we don't know, but that's where I see -- I think we ought to move forward with that. It is, to me, a concept. I like the idea. If we put it in the next budget year that's great as a budget amendment. It doesn't -- let's take a look at what the package will cost, what it takes, and come back and take a look at the concept with all the numbers and we move forward from there. So, that's -- that's how I view it. Simison: And the only reason I didn't share numbers is I'm trying to get this down to a realistic idea as possible and they have put in what I would call the moon, because of their unknowns. So, they are giving me budget numbers based upon if we don't do this and we have to do this and I'm trying to get that stuff out and find the answers, so that we don't have to go spend a thousand dollars if we don't need to. So, that's where we are. I just wanted to get this feedback and I think I have gotten good feedback and will continue to move forward on this. Hoaglun: And, Madam Mayor, just one comment for our Council members future thinking is I guess Council, you know, if we do projects like this, which are far and few between with our budget, but do we have a capital improvement program that we need to think about for our funds. So, just something to throw out there for consideration as we move forward. de Weerd: And, Council, you will be hearing next month and you would have heard it this month, but it got pushed back, under the Mayor's department report or strategic planning, is a communication plan for the entire city that Robert has been sharing with the directors and showing how we are using the different forms of media and public outreach to communicate with -- better with our citizens and to work at the transparency item. This is just one piece of it. Meridian City Council August 24, 2010 Page 17 of 24 Simison: And, Madam Mayor, I assume strategic update in September for Council. that next three week time frame. could -- would have information by that I think that that would be reasonable within de Weerd: Okay. If you have any other comments, please, get them to Robert, that we can wrap in and we will bring this back to you. Simison: Thank you. C. Collective Labor Agreement Between City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 de Weerd: Thank you, Robert. Item 9-C is our collective labor agreement between the City of Meridian and Meridian Firefighters, IAFF Local 4627. I'll turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I'm proud to bring you tonight the collective labor agreement between the city and the Meridian Firefighters Local 4627. This was ratified last Thursday night by the union. This agreement we had eight meetings since May 25th to August 11th. Always very productive, very professionally handled by the union's representative. The team of myself, Chief Niemeyer and Council Member Bird, who couldn't be here tonight, were at those meetings. We have approximately 16 different changes to our labor agreement, many of them very minor changes, clarification things. There is some -- a new program that we have instituted allowing firefighters to donate vacation leave if it is a necessity, if someone has exhausted all their leave and they have a medical need or a family need that the firefighters could donate their vacation leave towards allowing that person to have additional time off. There are some limitations to how much time, but it's a new program and we will actually, as we work the bugs out of that, we end up bringing a policy to you for discussion that we can consider that maybe on a citywide basis as well. So, again, some clarity under our uniforms and equipment and how that's going to be purchased and what -- what the city's responsible for and what the individual firefighters are responsible for, a few other things that are, again, fairly minor -- really, some clarifications on language and making sure it's clear as to the different -- the different sections of the fire department between the 24 hour suppression firefighters and the 40 hour week ones that work in the inspection division. Some of the training things that Chief Niemeyer and our new division chief have come up with in regards to long term training needs for firefighter threes. In our last agreement in the '09 we really had a very bare bones skeleton of what we thought was intended for the long term value to the department. This now has much more flushed out as to what the individual firefighter training needs are going to be and what they need to accomplish to move up in the ranks. Some of the things, again, in the pay scale we wanted to make some clarifications to that and that was also very acceptable to the union. So, overall, it was a very successful negotiation period. Again, the union was very supportive. They ratified this last week and so it's in front of you tonight for approval, unless you have any other questions. Meridian City Council August 24, 2010 Page 18 of 24 de Weerd: Thank you, Mr. Nary. Any questions from Council? And, Madam Mayor, didn't know if the chief had something to say either. I forgot to ask him, so -- Niemeyer: Madam Mayor, Members of the Council, I do. First of all, I would like to thank Bill for all his work. He set the tone early on of professionalism and civility and that carried through through the entire negotiation. There wasn't any finger pointing or yelling or stomping their feet or anything. It was good discussion throughout. I think Bill alluded to the firefighter three requirements. We raised the bar. Didn't lower it, we raised it and that was good to see. Some new -- new things as well. Firefighter physicals, which we have been battling for quite awhile and that was agreed to as well and so that's a step in the right direction. So, overall, I was very pleased. I was glad to have Bill there with me and certainly Councilman Bird. I think everybody walked away feeling good about it. de Weerd: Okay. Thank you, chief. Council, if there is no questions, we will need some action from you on this item. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I move approval of the collective labor agreement between the city and the Meridian Firefighters Local 4627 as presented. Zaremba: Second. de Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, please call roll. Roll -Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: I would also like to thank Councilman Bird, Chief Niemeyer and former Chief Anderson for getting things started and our city attorney Mr. Nary for all you did and certainly for representatives from the union in keeping it professional and focused on truly the needs of the department and the personnel to do their jobs. So, appreciate all your efforts. Nary: Thank you. D. Planning Department: High Capacity Corridor, Partnership Opportunity Meridian City Council August 24, 2010 Page 19 of 24 de Weerd: Okay. Item 9-D is our Planning Department. I saw that Caleb was watching his monitor. Just to clarify what Mr. Simison said, not everyone has a TV. They are not sitting up there watching TV, folks. They are watching their monitors and they see when their item is almost up and glad to see you with us. Hood: It is a great tool, Madam Mayor. Thank you. Members of the Council. Madam Mayor. I just want to quickly take a little bit more of your time. I have discussed this item with you all over the last week or so, but wanted to give you a little bit of an update and get some more direction from you all regarding the Treasure Valley high capacity corridor alternative analysis and the grant application that COMPASS submitted yesterday to the federal government requesting about 3.2 million dollars for that grant. I think you probably all know by now, but, again, I'll just do a quick refresher. Essentially, the grant request is for money to study transportation corridor alternatives to 1-84 and a lot of single occupant vehicles on 1-84. The agencies in the Treasure Valley completed a preliminary alternatives analysis last year where we narrowed down the corridors that should be further defined in really getting geared up for environmental impact statement, assessment, not quite sure exactly what is all going to be involved with this. But looking at corridors that have been narrowed down to Fairview, Franklin, the railroad corridor, 1-84 and Overland, and, then, three different modes, either bus rapid transit, light rail, or commuter rail. So, some combination of those things, again, to relieve traffic from the 1-84 corridor. I think you all know as well that Boise city has pledged up to 626,000 dollars -- they sent a letter to COMPASS. That's meeting the minimum required local match for this grant applicant. So, they have pledged their support to this grant in that form just this last Tuesday. I guess my question to you -- or the further direction, speaking with all of you, it seemed like you all supported the grant, but the level of support did seem to vary quite bit, whether that be -- everybody I think is on board with sending a letter of supporting the application and thinks that this is a good thing to proceed forward with. What there wasn't consensus on is any financial support and maybe I will just take a quick note and say Stacy caught me earlier this week as well and cautioned me and you against financially supporting this, because, like most of you stated, you're not sure where that money would come from. I don't know either. But, again, if the Council does want to support this financially, it wouldn't have to be in fiscal year '11, it could be in fiscal year '12 and/or '13. So, we are in the door with the application. We being the Treasure Valley is in the door with the application to the feds. We don't have funding yet. We probably won't know until late this fall, I would imagine. They will probably see quite a few applications there to review. But, anyways, that's kind of my question. Again, what I have heard is we will draft a letter. At this point it doesn't make any sense to put a dollar amount in a letter. The application has already gone to the feds. I guess we probably do need to start the discussions, though, if there is going to be some level of commitment for funding, because, then, we need to start thinking about where that's going to come from and what we may have to cut or not ask for next year or whatever the case maybe. So, I'll stop talking and leave it at that, Madam Mayor. Meridian City Council August 24, 2010 Page 20 of 24 de Weerd: Caleb, in addition to the city of Boise, who are the other entities that are looking at being a partner, whether it's -- and I understand in this particular grant they are only considering as match cash and not resources, because we have pledged staff time to this. Hood: Right, Madam Mayor. Mary Ann Waldinger is the lead person at COMPASS putting the application together. Boise city is the only other entity that I have heard of that's come up to pledge anything for this grant. So, I know of no other financial commitments at this time. COMPASS certainly has some in-kind donations, but, again, those don't count towards this -- this application. I imagine there will be other cities and maybe counties, even, that will pledge some staff time, but, again, those don't count towards this grant. So, unlike one of the other grants, the sustainability planning grant that we did pledge some staff time to, that does not count towards our 20 percent minimum local match that's required for this grant application. de Weerd: Okay. So, can -- can you ask who else is being approached -- I can see every city along this rail corridor with Nampa and our community -- certainly our urban renewal districts. Our community college is also on the rail corridor, could have great benefit from this program as well. So, I will assume that COMPASS is looking at that and because the time restrictions could not get the appropriate commitments from different entities. Hood: Madam Mayor, Members of the Council, I can address the first couple that you mentioned, the other cities, counties, some highway districts. Matt Stahl did send out an e-mail asking for -- for support for this. Maybe even two. At least one of them was grouped in with all four applications that COMPASS was putting together. So, I cannot speak to the level of out reach that they have done to urban renewal districts, other businesses, other potential community partners in this application. If we are granted the grant, I could see some more out reach and, really, what we would be asking for, essentially, would be time commitments, because I think, again, we will be getting funding for about 80 percent of the grant. So, at that time we will need expertise and time from a lot of folks that they can dedicate that. Although I do think that Boise city would like to keep some of that in their pocket if there are other partners -- financial partners that could come to the table and they don't have to pony up all the required local match, but -- but, again, I'm not sure exactly what other out reach COMPASS has done. All these grants, quite honestly -- there is about six weeks to put them together from when the notice came out to when they were due. So, not a lot of time. I'm not trying to make excuses, but there wasn't a lot of time to garner support and especially financial support in these times for a planning grant like this. I don't know how fruitful that would have been anyways, but -- Rountree: Madam Mayor? de Weerd: Mr. Rountree. Meridian City Council August 24, 2010 Page 21 of 24 Rountree: I don't know what occurred at the COMPASS board meeting, but at the VRT board meeting last week there was a plea made by the city of Boise for the board members to consider participation and support of this project, both financially, as well as just agreeing to moving forward with it, but at that point in time there weren't a lot of takers in terms of finance, but I think a lot of people indicated by nodding the head that it would be a good project to get, so -- I know they have been reaching out to a number of folks across the two county area. Caleb -- excuse me, Madam Mayor. What's the -- what's the award date on the grant; do you know? Hood: I don't recall. Madam Mayor, Councilman Rountree, I don't recall what that is. Or -- there are, like I said, four grants and they all have similar timelines, but I don't -- don't recall the reward date. Rountree: Okay. Hoaglun: And, Madam Mayor, just to comment on the grant process, I mean these are highly competitive, a lot of communities across the nation are looking at these funds and wanting these funds, so, you know, it's -- the odds aren't great, you know. We might get it, we might not, but in some ways this whole issue might not even come to fruition just because we don't get the grant. de Weerd: Okay. Letter sent indicating our community's support of pursuing the grant, so -- and as Caleb mentioned, no financial numbers were noted. Rountree: I think that's all we can do at this point in time. de Weerd: Uh-huh. It would have to be in-kind city services. Hood: Certainly will be involved, yes, if we get the grant. de Weerd: Did you need particular guidance? Hood: Not unless you want me to pursue with finance or anybody else where potentially we come up with any kind of money to offset what Boise city has pledged. de Weerd: Not at this time. Hood: That's not what I heard. So, that's, really, the only -- I'll ask that the Mayor sign a letter of support for the application -- for this grant, but I need nothing else. de Weerd: Okay. Anything further? Caleb. Hood: Actually, Madam Mayor, if I may real quick, I sent a letter to you all last -- I think it was Friday afternoon. I got some comments back from Councilman Hoaglun on a couple of things regarding our TIP comments. The TIP comment period actually closed on Monday, but I gave Tony Tisdale a heads up that I was hoping to get your signature Meridian City Council August 24, 2010 Page 22 of 24 on that letter this evening. So, she said she would accept the signed copy tomorrow, if you all don't mind, but Jaycee has a letter on letterhead with the comments. Again, the letter is real similar to what we sent to the state and talked about the three projects and so that's the only other thing I had this evening. de Weerd: Thank you. Council, any questions about that? Rountree: No. I was fine with the letter. Item 10: Ordinances A. Ordinance No. 10-1454: RZ 09-002 Crossfield Subdivision: Request for Rezone of 10.13 acres from R-8 (Medium Density Residential) to TN -R (Traditional Neighborhood Residential) Zone for Crossfield by Pride, LLC Located at the South Side of West Ustick Road and West of North Blairmore Way de Weerd: Okay. I was, too. Okay. Thank you, Caleb. Appreciate it. Okay. Item 10 under Ordinance we have 10-1454. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 10-1454, an ordinance RZ 09-002, Crossfield Subdivision, for the rezone of a parcel of land located in government Lot 3, of Section 1, Township 3 North, Range 1 West, Boise Meridian, and a portion of Crossfield Subdivision No. 2 as filed to record in Book 98 of Plats at page 12407, records of 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 land from R-8, Medium Density Residential District, to TN -R, Traditional Neighborhood Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. de Weerd: Thank you. You have heard the reading of this ordinance. Is there anyone who would like to hear it read in its entirety? Seeing none, Council? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve Ordinance 10-1454 with suspension of rules. Zaremba: Second. Meridian City Council August 24, 2010 Page 23 of 24 de Weerd: I have a motion and a second to approve Item 10-A. If there is no discussion, Madam Clerk, roll call, please. Roll -Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Other Items A. Executive Session per Idaho State Code 67-23456 (1) (fl - To Consider and Advise Its Legal Representatives in Pending Litigation de Weerd: Item 11-A is an Executive Session. Do I have a motion? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move we go into Executive Session per State Code 67-2345(1)(f). Zaremba: Second. de Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll -Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: (Into at 8:04 p.m. and out at 9:42 p.m.) Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Move we come out of Executive Session. Hoaglun: Second. de Weerd: All those in favor say aye. All ayes. Motion carried. Meridian City Council August 24, 2010 Page 24 of 24 MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: Do I have a motion to adjourn? Rountree: So moved. Hoaglun: Second. de Weerd: All those in favor? All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) —L U MAYOR T IVIXe"WEERD DATE APPROVED ®V -A,4 �, ATTEST: �k oImp "s s. j JAY L ITY CLERK u �1 Item: 8.A — Olivetree at Spurwing Subdivision (TE-10-017) D'P C J7 Location: The subject property is generally located north of W. Chinderu ev Vega. Spurwing Way. AUG 2 4 2010 Application: Time extension to obtain the City Engineer's signature on tlm-fvudFP fER � Highlights of Proposed Development: The applicant is requesting a se&6Mq A%JFt Ncfextension to obtain the City Engineer's signature on the final plat for Olivetree at Spurwing Subdivision. The preliminary plat consists of 65 single-family building lots and 6 common lots on 20.51 acres of land. Reason for Request: The Applicant states the reason they have been unable to comply with the time requirements specified in the UDC is because of the sustained economic downturn and market conditions. Outstanding Issue(s) for City Council: None Written Testimony: Becky McKay, Applicant (in agreement w/staff report) Staff Recommendation: Approval w/the conditions in Exhibit B of the staff report. Notes: Item #8.B: Larkspur Subdivision No. 3 (FP -10-006) Location: The property is located east of S. Meridian Road and approximately a'/4 mile north of E. Victory Road. Application: Final Plat Highlights of Proposed Development: The applicant has applied for final plat approval of 22 building lots and 1 common lot on 3.79 acres of land for Larkspur Subdivision No. 3. The proposed subdivision is currently zoned R-8 (Medium -Density Residential). This is the first final plat (Phase 1) proposed for the Larkspur South Subdivision. Multiple phases are planned for the remaining 9.02 acres. At this time, the applicant is proposing to plat 22 of the 60 residential lots planned within the subdivision. Open space is minimal with larger portions of open space being constructed with future phases. A new preliminary plat has been submitted that demonstrates compliance with the 10 percent open space requirements outlined in the UDC. History: The City Council approved annexation (AZ -06-049) and the preliminary plat (PP -06-051) for Larkspur South Subdivision on January 9, 2007. The plat contained 67 single-family residential building lots and 4 common lots on 12.81 acres of land. Outstanding Issues before Council: None Staff Recommendation: Approval; the final plat substantially complies with approved PP. Applicant Provided Written Agreement with Conditions: Yes; applicant is in agreement with the conditions in the staff report. Notes: City Coohit ,�EIDIAN�-- Public I D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 8117110 SUBJECT: Sewer Main Easement -- Paramount South Sewer Extension for Linder Self Storage I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City comwl iM*Mbtrts Kelth Bird Brad Hoogiun Charles Rountree David Zaremba 1. Approve a Sewer Main Easement for the City of Meridian located off site of the Linder Self Storage parcel at 5120 N Linder Road by CRS 8 LLC This easement provides The City of Meridian access to new sewer main being installed, to provide service for the new proposed Linder Self Storage. This new main will connect to an existing main in a parcel north and east of the Linder Self Storage parcel. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. H. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Denny Cline, Development Analyst II Supervisor Approvael'—<—'.-4-5� I Scott tWId-ine Page l of l 489-0372 489-0362 489-0369 489-0363 w ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO DOIN10 10:35 AM II DEPUTY Use Bait �I RECORDED -REQUEST OF 110078716 Meridian City SANITARY SEWER EASEMENT THIS INDENTURE, made this:.2 day of AuLq, 20JD -between C RS 19, LLC , the parties of the first part, and hereinafter calledtht Grantors, and the City of Meridian, Ada. County, ty Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sewer Main Easement EASMT SWKdoc THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent; such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: CRS8 LLC, an Idaho limited liability company By: Brigh n Inves ents,,LLC, Member By: avid W. Turmbull, Manatirig Member Address: 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 STATE OF IDAHO ) ) ss County of Ada ) On this day.of 20L D , before me, the undersigned, a Notary Public in and for said State, rs ally appeared David W. Turnbull_, known or identified to me to be the Managing Member of Brighton Investments, LLC, a Member of CRS 8 LLC, an Idaho limited liability company, and acknowledged to me that he executed the same in such limited liability company's name on behalf on such limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year flst'a'c'Vjten ♦i N V � 06 SEAQ.,) i — G'OLIC +044' ID00. ¢• Sewer Main Easement NOTARY PUMIF FOR IDAHO Residing at: &� ID Commission Expires: 1. aft,11 EASMT SWR.doc GRANTEE: CITY OF MERIDIAN OF b' T VPRRy Mayor �9y BEAL Attest by Jay . Holman, City Clerk 9' �:,ya �T 1ST • � Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) On this day of 5-4- , 20 t O, 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. ••+CA e•• NUFARf PUBLittog JDAnb Residing at: Vhvyyt,, ►S. • Commission Expires: kava Ll �..)dt 4 OF ••sees** Sewer Main Easement EASMT SWRdoc '�!'bN North Wo 10MI W. Emerald &., S e 140 Project No. 08-018-02 wev IT it A LLC Boise, Idaho 83704 (208) 376-5000 • Pax (208) 376-5556 Date: December 3, 2009 PARAMOUNT SOUTH - SEWER EXTENSION EASEMENT DESCRIPTION An easement located in the SW 1/4 of the SW 1/4 of Section 25, T. 4 N., R. 1 W., BM.,Meridian, Ada. County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 25, 26, 35 and 36 of said T. 4 N., R. 1 W.; Thence North 00025'l 1 " East, 2637.72 feet on the section line common to said Sections 25 and 26 to the 1/4 section comer common to said Sections 25 and 26; Thence reversing direction, South 00°25'11" West, 1318.83 feet on the section line common to said Sections 25 and 26 to the South 1/16 th section corner common to said Sections 25 and 26; Thence leaving said section line, South 89025'33" East, 916.14 feet on the east -West 1/16 th section line. of the SW 1/4 of said Section 25 to the REAL POINT OF BEGINNING of this easement, Thence South 00034127" West, 115.00 feet; Thence North 89°25'32" West, 30.00 feet; Thence North 00034'27" East, 115.00 feet to a point on the east -west 1/16 th section line of the SW 1/4 of said Section 25; Thence South 89025132" East, 30.00 feet on said 1/16 th section line to the real point of beginning. Paramount South Sewer Extra. Ease. Dew.doc PREPARED BY: Engineering NorthWest, LLC James R. Washburn, PLS Page 1 of 1 e% A P. i OF ox .A►MOUNT •S4 ilH . � SEWER • E.�T'E1�TSIaN •EASE�I�E � .. � � � � . . NT EXSIRIT SCALE 1' 100, 0 W ! S.26 S.25 S.35 S.36 c wwuraurrr sroun�eo osoMoi�o artn m��. .uw�.�atrr taxa �s�a*o a /zoos 11.12.*aa M Mar . P 0 `' % .En ineej 10221 W. Emerald St., llfrg North Vest, LLc 140 Project No. 08-018-02 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Date: December 3, 2009 PARAMOUNT SOUTH - SEWER EXTENSION TEMPORARY EASEMENT DESCRIPTION An easement located in the SW 1/4 of the SW 1/4 of Section 25, T. 4 N., K I W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 25, 26, 35 and 36 of said T. 4 N., R I W.; Thence North 00025'11" East, 1318.89 feet on the section line common to said Sections 25 and 26 to the South 1/16 th section comer common to said Sections 25 and 26; Thence leaving said section line, South 89025'33" East, 916.14 feet on the east -west 1/16 th section line of the SW 1/4 of said Section 25; Thence leaving said 1/16 th line, South 00°34'27" West, 115.00 feet to the REAL POINT OF BEGEIJMG of this easement; Thence continuing South 00034'27" West, 60.00 feet; Thence North 89025'33" West, 69.62 feet; Thence South 0026'58" West, 150.58 feet; Thence North 89025'33" West, 232.00 feet; Thence North 00026'58" East, 60.00 feet; Thence South 89025'33" East, 172.00 feet; Thence North 00°26158" East, 122.89 feet; Thence North 45°26'58" East, 39.09 feet; Thence South 89025'33" East, 102.11 feet to the real point of beginning. Paramount South Sewer Sm. Temp. Ewe Dese.doc BY: Northwest, LLC Washburn, PLS Page 1 of I ex. Is P. ! OFA S -26 1S.25 1/4 1/16 PARAMoUNT souTH SEWER EXTENSION TEMPORARY EASEMENT EXHIBIT=B SCALE 1' - 100' WE 916.14' I I i �Ip I N S REAL POI T OF B rGINNING! o f i I I 2Zj o '."-� o I WJ f J > 1 W O � W W U_ W .r ADA COUNTY August 12, 2010 Lieutenant Scott Colaianni Meridian Police Department Patrol Division 1401 E. Watertower Lane Meridian, ID 83642 Re: Intergovernmental MOU for Use of Meridian Police Department Canine Holding Facility Dear Lieutenant Colaianni: Enclosed you will find two partially signed original contracts for the above referenced matter. Please have the department sign and date both contracts. Please return one of the fully executed originals to Ellen Fames, Legal Department at the address listed below. If I can be of further assistance, please don't hesitate to contact me. Sincerely, GARY RANEY Ada County Sheriff Jo eph D. Mallet Chief Legal Advisor to the Sheriff J IDM'ef Enclosures SHERIFF 7200 Barrister Drive • Boise, Idaho 83704-9217 Tel: 208-577-3000 Fax: 208-577-3009 • Website: www.adasheriff.org INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING FOR USE OF MERIDIAN POLICE DEPARTMENT CANINE HOLDING FACILITY This INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING FOR USE OF THE MERIDIAN POLICE DEPARTMENT CANINE HOLDING FACILITY is made this � day of a4q oJt , 20 IO , by and between the City of Meridian, Idaho and Ada County Sherif s Office , NAME OF GOVERNMENTAL AGENCY a governmental agency, for the purpose of establishing the mutually -understood and agreed rights, responsibilities, and conditions of such governmental agency's temporary use of the Meridian Police Department Canine Holding Facility. I. RECITALS WHEREAS, the City of Meridian owns and operates the Meridian Police Department Canine Holding Facility for the boarding and care of police dogs; and WHEREAS, the above-mentioned governmental agency has requested that the City of Meridian allow law enforcement officers employed by such agency to use the Meridian Police Department Canine Holding Facility for the boarding and care of its police dog(s) on a temporary basis; and WHEREAS, the City of Meridian has deemed it to be in the interest of its K-9 program to make the Meridian Police Department Canine Holding Facility available to other law enforcement agencies on a temporary basis, without charge and as space allows, so as to foster a spirit of cooperation and support of law enforcement K-9 programs throughout the state of Idaho and elsewhere; NOW THEREFORE, in consideration of the recitals set forth above, and the mutual terms, conditions, and covenants contained herein, the parties agree as follows. H. DEFIMTIONS As used herein, these words shall be defined as follows: A. CITY: The City of Meridian, Idaho, municipal subdivision of the State of Idaho. B. EFFECTIVE DATE: The date upon which the respective governing bodies of the Parties hereto effectuate this MOU by a duly authorized signator. C. FACILITY: The Meridian Police Department Canine Holding Facility, owned by the City of Meridian and operated by the Meridian Police Department, and located at 1401 East Watertower Ave., Meridian, Idaho. D. GUEST: The governing board of the governmental agency signatory to this MOU who seeks to temporarily utilize the Facility for temporary boarding of its police dog(s), and each and .�, all of such governing board's agents, elected or appointed officials, employees, volunteers, and/or officers who enter City premises for any purpose, including but not limited to: delivering police dog(s) to and/or removing police dog(s) from Facility; visiting, exercising, MOU wrrH GUEST AGENCY FOR USE OF MPD CANINE FACILrrY PAGE 1 OF 6 feeding, watering, checking on, or caring for Guest's police dog(s) boarded at Facility; and/or entering or touring Facility for informational or educational purposes. E. MOU: The instant Intergovernmental Memorandum of Understanding for Use of Meridian Police Department Canine Holding Facility. F. MPD: The Meridian Police Department of the City of Meridian, Idaho. G. POLICE DOG: A canine owned, trained, and/or utilized by governmental law enforcement agencies for law enforcement purposes, including, but not limited to, patrol, apprehension, search, rescue, explosive, and drug detection. III. MPD's COMMITMENTS A. Reservation of space. MPD shall process requests for temporary boarding and use of the Facility in the order such requests are received. Upon Guest's verbal or written request to MPD for the use of the Facility, and so long as Facility space and MPD staffing resources are available, MPD shall reserve and allow the use of the Facility for the date(s), time(s), law enforcement officer(s), and police dog(s) as requested. B. Temporary access to Facility. The Facility is locked and secured at all times, and access thereto is limited. Pursuant to the terms of this MOU, MPD will provide to Guest means of access to the Facility during the scheduled temporary use of the Facility. C. Facility control and maintenance. At all times, the Facility shall remain under the authority and control of MPD. Decisions regarding staffing, climate control, sanitation, maintenance, and access shall be made solely by MPD. MPD shall meet practicable standards of safety, security, and habitability. D. Boarding. Though Guest shall be required to check on a boarded police dog at the Facility at least twice daily, in Guest's absence and as authorized in advance, designated MPD canine law enforcement officers will feed, water, and exercise a boarded police dog, according to written instructions provided by Guest. E. Obtain necessary veterinary care. If a boarded police dog appears to be ill, injured, or exhibiting any other behavior that would reasonably suggest the dog may need medical treatment, MPD shall seek necessary veterinary examination and on behalf of Guest shall authorize and procure any treatment, surgery, medication, quarantine, or hospitalization that may be prescribed to treat the dog. IV. GUEST'S COMMITMENTS A. Procedures. Guest shall follow MPD procedures, policies, and protocols regarding use of the Facility at all times. ,.� B. Access. Guest's authority to access MPD and/or Facility shall be limited to the duration and scope of each scheduled temporary use. Upon Guest's departure from Facility, following each and every scheduled temporary use of Facility, Guest shall return to City any and all MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 2 OF 6 temporary badge(s), key(s), prox card(s), and/or other means of access to Facility. Guest's authority to access Facility is specific to the person(s) enumerated for each scheduled temporary use and shall be nontransferable. Guest shall not share access codes, badges, keys, prox cards and/or other means of access to Facility with any other person without City's prior written consent. Guest shall notify City immediately upon Guest's discovery of any loss, theft, or destruction of any code, badge, key, prox card, granted to Guest by MPD. C. Twice daily presence at Facility. Guest shall ensure that its law enforcement officer physically appears at Facility at least twice on each and every day that Guest's police dog is boarded at the Facility, for the purpose of feeding, watering, and exercising the boarded police dog, unless alternative advance arrangements have been authorized by MPD for designated MPD canine law enforcement officers to feed, water, and exercise the boarded police dog, according to written instructions provided by Guest. D. Health certification. Guest shall comply with all MPD canine health certification requirements as to all boarded police dogs. MPD may cancel a boarding reservation with no prior notice to Guest if Guest's police dog is infected with or has been exposed to rabies, parvovirus, distemper, kennel cough, or other infectious disease or illness within a thirty (30) day period prior to boarding at the Facility. E. Veterinary care authorized. Guest shall, and hereby does, authorize MPD to seek veterinary services, including examination, treatment, surgery, medication, quarantine, or hospitalization that may be necessary to treat the dog. Guest shall reimburse the City of Meridian, the treating veterinarian(s), and/or other service provider(s) for any and all costs related to veterinary care provided. F. Insurance. City shall not provide insurance or benefit coverage of any kind to cover loss, theft, injury, illness, death, or damage to Guest's police dog, agents, employees, or other person or property. Insurance of Guest, Guest's police dog(s), property, and/or interests shall be the sole responsibility of Guest. Guest shall obtain all necessary insurance as may be required in order to protect Guest's insurable interests as may be related to use of the Facility by Guest, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the police dog(s) to be boarded at the Facility. Guest shall bear any and all known and unknown risks of and actual, loss, theft, and/or damage related to use of the Facility by Guest. City may seek reimbursement from Guest for any damage to the Facility caused by Guest and/or Guest's police dog that exceeds reasonable wear and tear. V. GENERAL PROVISIONS A. Assumption of risk. Guest acknowledges that use of the Facility may carry risks of injury to, death of, damage to, and/or loss of Guest's police dog, or to other persons or dogs, some of which risks are unknown, and Guest hereby accepts and assumes all known and unknown risks and hazards related to Guest's use of the Facility. B. Indemnification. In consideration of permission from the City of Meridian to enter and use the Facility, Guest hereby agrees to indemnify, defend, and save and hold harmless the City of Meridian, its employees, agents, officers, volunteers, and guests from and against any and MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 3 OF 6 all demands, suits, actions, claims, losses, judgments, damages, expenses, or costs, whether or not meritorious, including, without limitation, attorneys' or other professional fees, in conjunction with any injury, death, or damage to Guest's police dog boarded at Facility, to other police dogs boarded at Facility, and to other persons or property, arising out of, relating to, or caused or incurred by Guest and/or Guest's police dog, except for those resulting solely from the tortious conduct of City or City's agents or employees. C. Release of liability. Guest forever waives and releases, on behalf of the Guest and the agents, employees, heirs, executors, administrators, assigns, and/or personal representatives thereof, any and all claims and/or rights for damages that Guest or such other persons or entities now have or may have hereafter have against the City of Meridian and/or its employees, agents, officials, officers, volunteers, and guests, suffered in connection with or arising out of the use of the Facility. D. Term of MOU. Unless earlier terminated by either Party or modified in writing by both Parties, this MOU and all terms and conditions hereof shall be in effect for a term of one (1) year from the Effective Date, and shall renew automatically on an annual basis. E. Termination for cause. If City determines that Guest has failed to comply with any term or condition of this MOU, violated any covenant, agreement, and/or stipulation of this MOU, or engaged in any other act of misconduct in the performance of this MOU; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this MOU; the other Party shall have the right to terminate this MOU 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 thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this MOU shall be terminated upon mailing of written notice of such termination by the terminating party in the manner established herein. This provision shall not impede the right of City to immediately eject Guest or Guest's police dog(s) from the Facility, and/or bar Guest or Guest's police dog(s) from further use of Facility, with no prior notice to Guest, where such ejection and/or bar is deemed by City to be in the best interest of City and/or MPD. Guest shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this MOU or by other cause precipitated by Guest and/or Guest's police dog(s). This provision shall survive the termination of this MOU. F. Termination without cause. Either party may terminate this MOU for any reason at any time by giving at least seven (7) days written notice to the other party in the matter established herein. G. Non -waiver. A waiver of any breach or default of any provision of this MOU shall not be construed as a waiver of a breach of the same or any other provision hereof. H. Relationship of Parties. It is the express intention of the parties hereto that Guest is, and at all times relevant hereunder shall be, an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this MOU shall be interpreted or construed as r"r creating or establishing the relationship of employer and employee between City and Guest or between City and any official, agent, or employee of Guest. MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 4 OF 6 I. Compliance with laws. In the performance of this MOU, Guest shall comply with any and all applicable federal, state, and local laws. J. Entire agreement. This MOU constitutes the entire understanding between the Parties. This MOU 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 MOU may not be enlarged, modified or altered except upon written addendum signed by both parties hereto. K. MOU governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this MOU. Venue shall be in the courts of Ada County, Idaho. L. Advice of Attorney. Each party warrants and represents that in executing this MOU, it has received independent legal advice from its respective attorney and/or has received the opportunity to seek such advice. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this MOU is found by a court of competent jurisdiction to '-OON be illegal, invalid, or unenforceable, the remainder of this MOU shall not be affected. O. Successors and assigns. Except as otherwise specifically established herein, all of the terms, provisions, covenants and conditions of this MOU shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this MOU, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Guest: Name: Rajeev Sahin Title: Lieutenant Address: Ada County Sheriff s Office 7200 Barrister Drive, Boise, Idaho 83704 Phone: (208)577-3740 E-mail: rsahni@adaweb.net City: Jeff Lavey, Chief of Police City of Meridian Police Department 1401 E. Watertower Ave. Boise, Idaho 83642 (208) 888-6678 MOU wrrH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 5 OF 6 jlavey@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. Q. Approval required. This MOU shall not become effective until approved by the respective governing bodies of both the City of Meridian and Guest. IN WITNESS WHEREOF, the parties shall cause this MOU to be executed by their duly authorized officers to be effective as of the day and year first above written. GUEST: Ada Countv Sheriffs Office Signature: Print name: Gary Raney Title: Sheriff Date: jr//2//b 100'N CITY OF MERIDIAN: BY: / Tammy de Weed, Mayori o _ s Attest: e U SEALL aycee falman, City Clerk _ 9 tst • Q�O��• C MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILrrY PAGE 6 OF 6 E IDIANt-6,--,, �t�silC IDAHO IJ Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Scott Steckline Land Development Supervisor DATE: 8/17/2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Hubble Homes LLC Agreement to Fund the Developers Proportionate share of the extension of the Black Cat Sewer Line as an alternate to constructing the required temporary off-peak station for the Eastancia Subdivision. 101"N I. RECOMMENDED ACTION A. Move to: 1. Approve the agreement with Hubble Homes LLC and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tom Bary, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 III. DESCRIPTION A. Background Hubble desires to enter into this Agreement to memorialize its participation in the funding of the Black Cat Sewer Trunk line in Meridian and Victory Road. Public Works and Hubble have agreed on an alternative and permanent plan to provide the required sewer capacity to the Estancia Subdivision, this will be achieved by the construction of an extension of the Black Cat Sewer Line. Hubble has agreed to provide this funding as a cash deposit to the City in Page I of 2 the amount of $44,630.04 in return the City will release Hubble's Letter of Credit that is currently being held for the completion of the required temporary pumping station. Aippro d for Submi Ir' .r7-10 B •r¢ eton, Development Services Manager Date Approved for Tom Barry, EWctor of Public r Date Page 2 of 2 nun VVunj i nruwnurn Y. unnu MOAnnY nmuunl .UU i 8018E IDAHO 08/28110 10:35 AM DEPUTY usa Batt RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIil1III Meridlen City 110078717 THIS AGREEMENT is made and entered into this ./&�'day of August, 2010, by and between City of Meridian, a municipal corporation of the State of Idaho (hereinafter called "City'), Hubble Homes, LLC, whose address is 701 S Allen St #104 Meridian, Idaho 83642 (hereinafter "Hubble"). RECITALS WHEREAS, Hubble is the developer of the Estancia Subdivision that is located northeast of the E. Amity Road and S. Locust Grove Road intersection. This property is a re- subdivision of Lots 1. and 2, Block 1 of Terrier Subdivision and a portion of the SW % of Section 29, UN., R.1E, Boise Meridian, Ada County, Idaho as legally described in Exhibit A, attached hereto and incorporated herein; and ,. WHEREAS, as a condition of approval of the Final Plat of Estancia Subdivision (File# FP -06-016). the Owner/Developer is responsible to provide sewerability to the subdivision through the installation of a temporary off-peak sanitary sewer pumping station in a location designated by the Public Works Department.; and WHEREAS, the owner of the Estancia Subdivision has provided a letter of credit to assure construction of the sanitary sewer pumping station; and WHEREAS, City and Hubble have agreed on an alternative and permanent plan to provide the required sewer capacity to the Estancia Subdivision, to wit: The construction of an extension of the Black Cat Sewer Line in Meridian and Victory Road; and WHEREAS, Hubble has agreed to provide finding for its proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Estancia Subdivision; and WHEREAS, Hubble desires to enter into this Agreement to memorialize its agreement to the substitution of its participation in funding the extension of the sewer line for the condition of approval requiring construction of the temporary pumping station; and NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. INCORPORATION OF RECITALS. That the above recitals are contraatual-and-binding and are incorporated herein as if set forth in full. 42340.0004.1347147.1 2. 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: (a) City means and refers to the City of Meridian, 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 of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. (b) Owners/Developers means and refers to Hubble Homes LLC, whose address is 701 S Allen St #104 Meridian, Idaho 83642 , and shall include any subsequent owner(s) or developer(s) of the Property. (c) 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 and by this reference incorporated herein as if set forth at length. 3. .. SURETY OF PERFORMANCE. Hubble agrees to provide surety in the form of cash deposit to insure that installation of the improvements which the Owner/Developer agrees to provide. The amount of surety required for Estancia's portion of the extension of the Black Cat Sewer Trunk is $44,630.04. 4. RELEASE. Upon Hubble's remittance of the aforesaid surety, Hubble and the Property shall be deemed to have fully complied with the condition of approval mentioned above regarding sewerability for the Estancia Subdivision. 5. 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 to the addresses set forth at the beginning of this Agreement. 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. 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 attorney fees as determined by a Court of competent jurisdiction, including reasonable attorneys' fees on appeal. 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 other p�Y-.g. so failin to perform. � . . 42940.0004.1347147.1 8. 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, had determined that Owner/Developer has fully performed its obligations under this Agreement. 9. 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. IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER HUBBLE O S LLC By: E. Don Hubble V. NILY 0 rA TE CITY OF MERIDIAN 42340.0004.1347947.1 STATE OF IDAHO ) ) ss. County of Ada } On this day of 2010, before me, the undersigned, a Notary Public in and for said State, personifily appeared E. Don Hubble, known or identified to me to be the person who signed the above and acknowledged to me that he executed the same on behalf of said organization IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •.•G p . D.4 V� •4� P � �pTAR p Ndw 411 ofOf STATE OF IDAHO ) ) ss. ✓"� County of Ada ) Q Public for Ida4o Residing at Vi liV My commission expires On this L"-" day of 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas H. Barry, known or identified to me to be the person who signed the instrument on 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. (SEAL) *NRA Sy''o• ,#OTA,q r�P 400.m �► �D� Lie .. �.,. +F OF 1Dt''..• Notary Public fo Idaho C Residing at , My commission expires Y" -,-50'07// 42940.0004.1347147.1 CITY OF MERIDIAN Tammy d eerd, Mayor ����.� OF MERIp� Atte y Ja ee L. Holman, City Clerk = SEAL Approved By City Council STATE OF IDAHO ss County of Ada JNV fill n►�N��� On this day of , 20 l O. 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. .•'1G�'- J�11rz 'S • W: 4NO+Y' PUBLI OR O 6EAL) ■ ■ Residing at: horyA t n 0 ' Commission Expires: y_y •�tSJ►�7'E OF 'sous.. fen Ci f Ct1uncM Aleaft vidian Cityo-' g �3 , Morkftn City CouncM M*s&v, CITY OF MERIDIAN RESOLUTION NO. � 0 3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING SUBMISSION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2010 ACTION PLAN 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 the Program Year of 2010; and WHEREAS, the City held a public hearing on the Program Year 2010 Action Plan on August 10, 2010, and held a public comment period on the draft application materials from June 22, 2010 to August 10, 2010. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Program Year 2010 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 consent. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attend the certifying documents for the Program Year 2010 Action Plan for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this �7 ,! � of 2010. // APPROVED by the Mayor of the City of Meridian, Idaho, this p� i day of aq4di�: 2010. APPROVED: d ATTEST: By: Jaycee . Holman, City Clerk 9Q RESOLUTION APPROVING CDBG DOCUMENTS —Irge eerd fan City Cowwff M"tfog r r^ ,H! // r/ /�.l, i,.� ,.://iY r /y !'r/!J/ri /!, Ji %' /, ,A•v2tit n4� �Ht�,,yt^,�j,. 'l5� ,,<j,aae.�.'. i '!', o ! r : /! �'i%%/��%'�° i'` �i%!i ��!!i'irr� Vii!%/ib�'.%'•�i%j% - J ,/� .................................... � / /ryr, r ,J/ ' r !! /� !// /Jf/irr/lJ/,,! fii ///////, , Jrjr /rf i//'�,/ / J ,., r i�/i/„ y�Ytd���ir��f f�4i����tR •_,i 9 • r i r / f r/ �/ //J�// ���///5�i/ i :%!i%/�J �- j' Jr//i ��%/�j�%rr/i/�� ��fJ ;/ � /�J �ri r / /9 �r�yr 7i � III 3� 1 ' � 4 ,rl/� /.,// �,"J/r//% �/d%!�il�/rr /,r/Jif// JrIJ///„i�J•,/� /!//, r 'r ry fj��j/ . ��J/J ij� �� ��jf/fi�ii/ ��/r ,,,,;,fyJ�1��//f////!,I/�/ / J / i•�/ i /,/yr, ;, •! /%�!!� /j/f//J'�%�f/ jJ%�//.����� J /,fel//�/�!/:1 t Y j,..�rsi // /J, i,•/� i%�1f/iJ /ff;/J/fJi/// // '. / , / n J/f; '',d/� ;!Ji/,•'Jh��%�/ { ' //��; / �7 fJ j����/!Ili/%%//6 • �; ' !//�!h%5 J !l�f/�/J /f //�r.•�� J/ , s r -- ! II 4F - a i d J ....! UA Z C7 tlt CC =3 !- W W u=t s :j * rmml cn 0 Mark Manwamings, "Pathway Series 1" 4i1 on canvas, 24 x 36 in. Auto Biography for Mark Manwaring Mark Manwaring has been painting for the emergency field since 1992. Having served in the Air Force as a firefighter, he has a personal understanding of the devotion to his field. What started as gifts for his fellow firefighters quickly became his full time passion. Though Mark had his degree in Applied Science of the Arts, he and his wife returned to school to get a second degree in Graphic and Print Communications in 1993. It was there that they learned the process of how to turn Marks' passion into a profession. He left the Air Force and moved with his wife and two sons to Idaho shortly after graduation and has been painting ever since. Mark has been married to his wife, Darcy for twenty five years and have since had a daughter named Sienna who is thirteen. His son, Tyler, is now twenty one and Phillip is twenty four. He and his wife both work with their own company, Mark Manwaring Arts. Mark has always been artistic and athletic. He has enjoyed cross country running and body building. He is most recently an avid cyclist. Mark dedicated his first series of prints "...to those who have devoted their lives to saving others" and titled the series "Silent Heroes". He began with one print depicting a still life the firefighter turn out gear and ran one Ya page ad in Firefighter Magazine. He has since created several more series, various tribute prints and numerous commissions. His images of emergency related fields have appeared internationally in magazines, books, movies and galleries and are proudly hanging in police and firefighting stations, training facilities, homes and hospitals. His work is produced independently through his company Mark Manwaring Arts, but; is also reproduced on a variety of collectible items through The Bradford Exchange_ Marks' first assignment while in the Air Force was at Hickam AFB in Hawaii. He began drawing charcoal drawings of Hawaii's people and cultural events which he had reproduced into sepia -toned prints. He then framed them in Hawaii's' Koa Wood and distributed them throughout the islands. He taught himself how to paint in oils during his six years in Hawaii. It wasn't until his second assignment to Columbus AFB, Mississippi that he began painting for his field in fire rescue. Mark has incorporated a broad range of subject matters and painting styles over the years. Sometimes they are small glimpses of nature, an appreciated moment forever set on canvas, western art that brings him back to his roots in Texas, or a portrait that remains for generations come and gone. His sensitivity and interest is apparent in his work and has given him and the people he paints for many moments of pride, reflection and happiness. In fact, he is probably one of the only artists that has a complete painting of his art tattooed on one collectors full back. He has donated prints and originals for many charities and fundraising events as well as personal appearances and signings. He will continue to do so and has never taken the recognition he receives nor his talent for granted. Presently, Mark is working on a six piece commission by the state of Idaho for Boise's City Hall. These will hang in the West City Hall for the headquarters of the Police and Fire Departments. He is also working on several portrait commissions and as always painting works that challenge the boundaries of his chosen field. To view more of Mark Manwaring's artwork please view his Facebook gallery under his name. For more information you may contact him at 208-703-1532 or by email at manwaringarts@aol.com ARTWORK FOR MERIDIAN -ENTRANT MARK MANWARING "Please consider that not atl f these photos are color corrected and may view differently on your screen The Pathway Series Mark Manwaring has begun creating a series of prints featuring snapshots of pathways throughout Idaho. Sometimes capturing on canvas the idylic settng of a morning walk, the roads less taken, and an often small path twisting its' way into the wilderness in Idaho. All are Oil on Canvas Pathway Series 1-24x36 Pathway Series 2-30x40 Pathway Series 3-30x40 Pathway Series 4-30x40 Pathway Series 5-30x40 Pathway Series 6-18x24 Flyfishing to Natures Music In the peacefulness of a mountain river one man finds himself lost in the sport of flyfishing. Oil on Canvas 30x40 The Eagle The sight of a lone eagle flying above Idaho never gets old. Oil on Canvas 28x24 Early Morning at Redfish Lake With the morning mist still in the air three boats sit with the backdrop of Redfish Lake. Oil on Canvas 18x24 Day at the Rodeo Rodeo has been a way of life for many of Idahos residents and events are nicely intertwined with all of the other outdoor sports available to old and new residents of Idaho. Oil on Canvas 30x40 A Little Bit of Country -Meridian City Limits One does not have to wander far to smell the fresh scent of hay and the comfort of horses. Oil on Canvas 2400 Old Train Depot in Meridian Captured from an old photograph, it won't be hard to see the Meridian depot today with a little imagination. Oil on Canvas 2406 Bill Gardoski: "The Meridian Creamery" Oil on canvas, 24 x 30 in. ii:l - : 11 Kalh0 JA :31 31 M From 1929 thru 1970 the Meridian Cremnery was a thriving commercial hub for the area and a source of income for the local farmers, and a source of dairy products for the siding area. Asan historic icon it suffered in disrepair until torn down and replaced with the new City Hall which now sits on the site. This is my attempt at recreating this famous Meridian landmark, it measures, unframed. 24 inches by 30 inches, and with a three inch frame will be overall 30 inches by 36 inches. On archival canvas, using duality oils, the painting is about one third documented facts, one third conjecture and supposition, and one third artist's license. Painted from ground level, with milk trucks lined up, this is my vision of what it would have been in the later 40s and early 50s. So little reference is available, that it has been somewhat truing to gather what does exist and use that to finish this painting. I am truly sorry that more documentation isn't available, and this shows us what should be saved and recorded. I do hope that you consider my work for display in the City Hall. Thank you. wiUiam Gatdoski Jay 2e 2.010 THE ART OF 1 HIJAM `BH.L" GARDOSKI I AM A RF.AUST ARTTST I live with my wife of 33 years in Meridian and work from my home moo. I have three Scat`s, a Daughter, two cats and three dogs... I was born in 1945 and am an k1aho, Native, working as a Body Repairnmw Long Had Tri Dnver, Policeman, and served six years in the U'S Army_ My goat is to docammm historical events, nostalg* and showcase the wondearfal things n has matte. Buildings Landmarks, Ships Planes, Automobiles and Trains. I have never had any art traming, I am compkIcly self taught, work only with oil on canvas, and strive to make my work as realistic as possilAe. Ufsing ouly I I colors; with the exception of the vcEy large areas of my work, almost all of the painting is firdshed wiffi very small brushes, ranift f-wn 0 to 000 in si w- Reggrdless. of the size of my painfinm they all involve between 90 to 150 hours to complete, and. as I work wet on dry, I am usoafly, working on at least 24 at a time, rotating work as they are drying. I harps won many competition, have work in national catalogs,, have done internawnal cessions, sold railroad art prints world wide;. and my F-4 Phantoms wereparied to hang for a year in the. Naval A%iation Museum is 2002. The Western Idaho Fair bought a pairm ng m 2000, The Meridian Library Commissmcmed a Ragrooad painting in 2004, it bangs in the lobby. I am a juried member ofthe "American Society of Aviion Artiste since 1995- I haw sold many original works, both nationally and locally, a large number ofv&ch were commissions. I thrive on detail and aemaracy in my work, and the greatest c on4*ment a "that looks like a pltow*. Please enjoy viewing my effort. 208-887-3768 Home 208-350-9777 Cell 162.0 E. 2 % St, meridian Idaho 83642. mki45@msn.com My 2e 2010 Sandy Marostica: "Looking East" Oil on canvas, 25 x 32 in. Sand MaroAica July 30, 2010 Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Meridian, ID 83642 HAND -DELIVERED Dear Committee Members: 320 Union Street Boise, ID 83702 208 342-3195 I appreciate the opportunity to submit a painting entitled "Looking East" in response to the Call for Artists: Art in Public Spaces, Meridian City Hall. DescriRtion of the Work "Looking East" is an oil painting on stretched canvas inspired by a view eastward down the railroad tracks from Main Street Relationship to the City of Meridian This scene is very reminiscent of Meridian's early years. For towns on railroad lines, the railroad meant commerce, activity and a life -line to other areas. The railroad played an important role in Meridian's development (More thoughts in the Artist's Statement!) Dimensions: 25" x 32" Year of Completion: 2010 Thank you for offering area artists this great opportunity. Sincerely, Sandy Marostica Enc. Artist's Statement Sandy Marostica "Looking East" A year ago, a bank commissioned me to paint a scene of the Meridian area. 1 spent a couple of days walking around, carefully looking at buildings and scenes. Early on a bright and warm June morning, I immediately loved what I saw when looking down the tracks. A semi -truck stirred the ground next to the elevator, setting a cloud of dust drifting across the tracks. The atmosphere and scene evoked for me memories of childhood days, coming to town (Nyssa was closest) on Saturday mornings to visit the feed store or lumber yard. My goal for this painting was to create the atmosphere I saw and felt that morning. Not a "postcard" scenery type of beauty, I think this scene has a special honesty and authenticity that makes it beautiful in its own way. SANDY MAROSTICA 320 Union Street Boise, ID 83702 (208) 342-3195 www.sandymarostica.com email: sandy@sandymarostica.com SOLO EXHIBITIONS 2009 How We Know, Initial Point Gallery, Meridian City Hall, Meridian, Idaho How We Know, King Estate Winery, Eugene, Oregon 2002 Lame Deer: 1920s, First Street Gallery, Eagle, Idaho 1994 Doors, Barbed Wire & Sacred Stones, Richard Reyes Etc. Gallery, Boise, Idaho 1993 Other People's Lives, Boise State University, Boise, Idaho 1987 From the Pow -wow, Idaho State University, Pocatello, Idaho SELECTED JURIED and GROUP EXHIBITS 2010 American Crafts Festival at Lincoln Center, New York, NY, 2010 Art Auction 42, Yellowstone Art Museum, Billings, Montana 2009 AIR, Downtown Boise Artist -in -Residence Fellowship, City of Boise Art Auction 41, Quick -Draw Artist, Yellowstone Art Museum, Billings, Montana 2008 Art in the Pearl, Portland, Oregon Sun Valley Center Arts -& Crafts Festival, Sun Valley, Idaho Scottsdale Fine Arts & Crafts Festival, Scottsdale, Arizona 2007 PACE 2007 (Postcard Art Competition/Exhibition, Lake County Discovery Museum, Wauconda, Illinois (and PACE 2005) Idaho Paints -Idaho, Art Museum of Eastern Idaho, Idaho Falls, Idaho UM -KC National Print Competition and Exhibition, Kansas City, Missouri 2006 Jentel Artists Residency, Sheridan, Wyoming, August 2006 Sustaining Change on the American Farm, Maryhill Museum of Art; Goldendale, Washington Culture and Agriculture 2006, New Visions Gallery, Marshfield, Wisconsin 38th Annual Art Exhibition and Auction, Yellowstone Art Museum, Billings, Montana 2005 Idaho Paints Idaho, Eagle Rock Art Museum, Idaho Falls, Idaho SELECTED JURIED and GROUP EXH113MONS (continued) 2004 The Fields Project, artist -in -residence program, Oregon, Illinois 2003 Idaho Paints Idaho, Eagle Rock Art Museum, Idaho Falls, Idaho 191h Annual Lewis -Clark Juried Art Exhibition, Lewis -Clark Center for Arts & Humanities, Lewiston, Idaho 2002 Alumni Juried Art Exhibition: In Memory of George Roberts, Boise State University 2001 Up Front: Art & Writing by Women Who Have Faced Breast Cancer, Windham Art Gallery and Flat Street Photography, Brattleboro, Vermont Inspired by Words, nine -person show, Student Union Gallery, Boise State University 1998 West of the Imagination, 5 -person show, SUB Gallery, Boise State University 1996 Healing Legacies, The Round House, Santa Fe, New Mexico 1990 Photographic Visions, the Idaho Centennial Exhibit, multiple venues 1987 Fifth Idaho Biennial, Boise Art Museum, Boise, Idaho 1986 The Fairfield Proiect, Idaho State Historical Society Museum, Boise, Idaho PUBLICATIONS Cover, Boise Weekly, October 2009 The Art of Saint Alghonsus Hospital: Healing the Mind, Body and Spirit, 2007 Covers, State of Idaho Controller's Annual Reports, January 2007 Messaaes from Idaho, M. J. Murdock Charitable Foundation, 2006 Artisan Northwest - "Greener Pastures," by Saris Lowry, Winter 2005/6 2006 Calendar, Marshfield Clinic/New Visions Gallery, Marshfield, Wisconsin The Artists' Magazine - "Art on the Range," by Sandy Marostica with Kate Mesch, Nov. 2005 Cover, Focus Magazine, Boise State University, Summer 1996 The Contemporary Idaho Artist, A Selected Survey, Idaho Commission on the Arts, 1991 Northern Lights Magazine, July/August 1986 COLLECTIONS Office of the President, Eastern Oregon University, LaGrande, Oregon Home Federal Savings, Silverstone Business Park, Meridian, Idaho St. Alphonsus Hospital/Center for Advanced Healing, Boise, Idaho Boise City Digital Art Collection, Boise, Idaho Heathwise, Boise, Idaho Home Federal Savings, Eagle, Idaho Native American Student and Community Center Collection, Portland State University Boise Visual Chronicle, City of Boise Blue Cross of Idaho Headquarters, Boise, Idaho David Nevin Law Offices, Boise, Idaho Student Union Collection, Boise State University EDUCATION BFA, General Art, Boise State University, December 1985 Suzanne Lee Chetwood: "Farm, Till, and Grow" Oil on canvas, 24 x 48 in. Meridian Arts Commission Attn: Art in Public Spaces 33 East Broadway Avenue Meridian ID 83642 Dear MAC selection committee: It is with great pleasure that I introduce myself and my love of Idaho landforms to Meridian City Hall. I am an Idahoan currently residing in Boise with family living in and operating a family owned business in Meridian. I am a professional artist inspired by our vast skies, farmland, open hills, and scenic mountains. My paintings are acrylic on canvas and ready to hang. The landscapes I paint are an extension of xny memory of time spent hiking, rock climbing, and exploring the views from our city. One of the main reasons that I stay tethered and rooted to this region, aside from the good people, is the beauty out our front doors. My pallet is inspired by the colors at the close of each day, which are set aglow by the setting sun. I relish the idea of my painting hanging in Meridian City Hall for those who visit, along with elected officials, staff, and community leadership. My work is joyous in nature and evokes positive energy and warmth from the viewer. I can only hope that as people pass by and enjoy my work, it brightens their day and enriches their view of out community. Thank you for consideration. Suzanne Lee Chetwood Professional Artist 4371 E Amity Boise ID 83716 Suzlee220h�pnail com 208-433-0220 _ www.picasaweb.google.com/suzanneleechetwood 5 PAINTINGS SUBMITTED: Gather 24"x48" Acrylic on gallery wrapped canvas $1,500 Electric Canyon 36"x36" Acrylic on gallery wrapped canvas $1,500 Farm, Till, and Grow 24"x48" Acrylic on gallery wrapped canvas $1,500 Glowing Fields 30"x42" Acrylic on framed canvas $1,500 Flying into the Sawtooths 36" x 60" Acrylic on ,gallery wrapped canvas $1,500 Suzanne Lee Chetwood www.picasaweb.google.com/suzanneleechetwood 4371 E Amity Boise, Idaho 83716 Suzlee22�7ahotmail.com 208-433.0220 EDITIONS Mar -June 2010 Artist in Residence, BODO- 8th street market place, Boise Idaho, The Basement Gallery Boise, Idaho "Christmas Show" 2003-2004 Mosaic studio and gallery Boise, Idaho. Features aesthetic salon, Caldwell Idaho June 2003 Private Residence, solo exhibition; The Clay Canvas Box featuring the "A Climbers Delight: Making Jam" Feb. 2010 Pop Revolution Gallery, Mason Ohio, National show, "Kiss Me" Feb. 2010 The Artisan Gallery, Eagle Idaho, Group show, "Erotica" Visual Arts Collective, Garden City Idaho, "Love Rocks" Artist in Residence, BODO First Thursday, Boise Idaho July -Aug. 2009 The Loft, Hailey Idaho, solo show "Painting Rock and Drainage" May 2009 Mia, Moscow Idaho, solo Jewelry show May 2009 Sawtooth Winery, Nampa Idaho, Paintings &Jewelry Apr -May 2009 The Gallery at Hyde Park, Boise Idaho, Group show "figures" Mar. 2009 Woodriver Cellars, Eagle Idaho, solo show "Idaho landscape" Feb. 2009 The Artisan, Eagle Idaho, "Erotica." Jan. 2009 Cafe Silos, Moscow Idaho, "Palouse and Loess soil" Dec. 2008 Foxtrot style for Living, Boise Idaho, "Idaho Landscapes" Aug. 2008 The Melting Pot, Boise Idaho, "New West Landscape" Apr. -July 2008 Foxtrot Style for Living, Boise Idaho Dec. 2007 Open Studio -Soup Party, Boise Idaho Mar. 2007 The Basement Gallery, Boise Idaho Dec. 2006 Studio 518, Boise Idaho, Holiday show Aug. -Oct. 2006 St. Stevens, solo exhibition, Boise Idaho Aug 2006 The Artisan, Eagle Idaho "Love Affair with Idaho" June 2006 Visual Arts Collective, Boise Idaho "BOSCO group show" May 2006 Massage Central, Boise Idaho Mar -Apr. 2006 The Basement Gallery, Boise Idaho "Of The Earth" Dec. 2005 6th Annual Soup Party June -Sept. 2005 Artwalk, Paradise Ford, Moscow Idaho June 17 -July 22, 2005 Crafts National 39 Zoller Gallery, University Park Pennsylvania June 2005 Bosco Reception Boise Art Museum, Boise Idaho June 2005 Salon de Refuse Boise, Idaho Nov. 2004 Massage Central Boise, Idaho Nov. 2004 The Artisan Gallery Eagle, Idaho "Idaho Landscape" Nov. 2004 Women's Celebration of the Arts, Boise Idaho Dec. 2004 5th Annual Soup Party, Boise Idaho Nov. & Dec. 2003 - 2004 The Basement Gallery Boise, Idaho "Christmas Show" 2003-2004 Mosaic studio and gallery Boise, Idaho. Features aesthetic salon, Caldwell Idaho June 2003 Private Residence, solo exhibition; The Clay Canvas Box featuring the Related Art Experience 2002-2004 Show "Exposing Ourselves" —a documentation of artistic enlightenment 2001-2002 of a group of individuals at The Fort Street House, Boise Idaho April 2003 Art sale and show in Julia Davis Park Boise, Idaho "Earth Day" Nov. 2002- 2004 Soup Shack Boise, Idaho "Clay Canvas -Landscapes" Oct. 2002 Boise State University Juried Alumni show Sept. 2002 & 2003 Hyde Park Street Fair, Boise Idaho July 2002 The Garage Gallery Boise, Idaho "Clay Canvas Box" Oct. 2001 Kulture Klatch, Solo exhibition Boise, Idaho Nov. 2000 Picture This Frame Shop and Gallery Boise "The Clay Canvas" June 1998 Participated in the annual "Arts and Roses" show and sale, Boise, Idaho 1996-1997 Displayed work at The Potters Center Boise, Idaho January 1995 Presented paintings and clay work in a one -woman show at the 1992 Huntingdon Historical Society gallery Huntingdon, Pennsylvania Related Art Experience 2002-2004 Art Teacher, Fort Boise Community Center, Boise Idaho 2001-2002 Apprentice designer for athletic and fashion shoes K2 corporation. January - March 2001 Traveled extensively throughout New Zealand independently studying art, landscape, and cultural aspects of the country. Consequently was offered a position for Masters of Fine Art candidacy at Otago Polytech. May -September 1999 Lived in Nea Makri, Greece while studying art and architecture while Working at "Karamica" a successful ceramics shop. May 1999 BFA teaching certificate K-12 Boise State University, Magna cum Laude May 1998 Designed, organized, publicized, and instructed a children's art camp, "Art Explorers." 1994 Graphic Artist assistant at The Sign Shop, Huntingdon Pa. 19924 Ceramic apprentice, Jack Troy at Juniata College, Huntingdon PA 1992 Ceramics major at Mercy Hurst College, Erie PA, Pensylvania Governors School for the Arts SELECTED AWARDS 2010 Artist in Residence at the 8"' Street Market Place Boise, Idaho Mar -Jun 2010 "Kiss Me" selected artist at Pop Revolution Gallery, Mason, Ohio 2005 Crafts National 39 University Park Pennsylvania selected artist 1992 Pennsylvania Governors School Award for the Arts full scholarship PUBLICATIONS Boise Weekly Volume, Issue, March 3-10, 2010 Cover Boise Weekly Volume 16, Issue 49, June 4-10, Prez-A-Porter Part Deux, Pg.28 Boise Weekly Volume 16, Issue 44, April 30 -May 6, 2008 Cover The Idaho Statesman May 10, 2005 "Neighborhood feels energy of artist's studio" Thrive Magazine 9-23-03 "Brushing up with Suzanne Lee" (Cover and pages 28-29) Boise Weekly Volume 11, Issue 50, June 18-24,2003 "Double Exposure" The Arbiter October 2002, juried alumni Exhibition Recognition M*x'**an City CoumH Ateeting DATE: August 24, 2010 ITEM NUMBER: 96 PROJECT NUMBER: ITEM TITLE: Mayor's Office: Web Streaming Discussion NOW MEETING NOTES I / CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 24, 2010 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Collective Labor Agreement Between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS COLLECTIVE LABOR AGREEMENT between CITY OF MERIDIAN and MERIDIAN FIREFIGHTERS I.A.F.F. LOCAL 4627 EIDIAN-,10 IZ AHO � Effective October 1, 2010 - September 30, 2012 TABLE OF CONTENTS ... 1 AGREEMENT PREAMBLE...................................................................................................... 1 ARTICLE 1— RECOGNITION..... .............. 2 ARTICLE 2 — DISCRIMINATION ...... "....... 2 ARTICLE 3 — PREVAILING RIGHTS ""* ""** "" 2 ARTICLE 4 — MANAGEMENT RIGHTS.................................................................................... ARTICLE 5 — UNION DUES, FEES and ASSESSMENT CHECK OFF ..................................... 3 3 ARTICLE6 — UNION BUSINESS................................................................................................ 4 ARTICLE 7 — REDUCTIONS IN FORCE ........................ ............................................ ARTICLE8 — RULES and REGULATIONS................................................................................. 4 ARTICLE 9 — INSURANCE ................................................. ........................................................ 4 ARTICLE 10 — SICK LEAVE ............................................................................................ """""' 7 ARTICLE11— INJURY LEAVE................................................................................................... 8 ARTICLE 12 — VACATION—EMERGENCY—INCIDENTIAL & HOLIDAY LEAVE .............. 9 ARTICLE13 — RELIEF PERSONNEL....................................................................................... 12 12 ..................................................................... ARTICLE 14 — VACANCIES ................................. ARTICLE15 —PROMOTIONS .................................................................................................. 13 ARTICLE 16 — GRIEVANCE PROCEDURE.............................................................................. 14 ARTICLE 17 — NO STRIKES — NO LOCKOUT........................................................................ 16 ARTICLE 18 — UNIFORM ALLOWANCE AND ISSUED EQUIPMENT ............................... 16 ARTICLE 19 — HOURS OF WORK AND DESIGNATED WORK HOURS ............................ 18 ARTICLE 20 — BEREAVEMENT LEAVE................................................................................. 19 ARTICLE 21 — ADDITIONAL DUTY AND COMPENSATION .............................................. 19 ARTICLE 22 — WORKING OUT OF CLASSIFICATION........................................................ 20 21 ARTICLE23 — STAFFING......................................................................................................... 23 ARTICLE24 — SALARIES......................................................................................................... ARTICLE 25 — ALCOHOL & DRUG POLICY......................................................................... 23 ARTICLE 26 — HEALTH AND WELLNESS............................................................................. 23 ARTICLE27 — SAVINGS CLAUSE........................................................................................... 24 ARTICLE28 — EFFECTIVE DATE............................................................................................ 24 APPENDIX "A" — WAGE SCHEDULE APPENDIX `B" — DRUG & ALCOHOL POLICY APPENDIX "C" — UNIFORM LIST APPENDIX "D" — ISSUED AND AVAILABLE EQUIPMENT I AGREEMENT PREAMBLE 2 The City of Meridian, hereinafter referred to as the CITY, and the Local #4627 3 International Association of Firefighters, hereinafter referred to as UNION, with the 4 Management of the Fire Department, empowered by the CITY, to the Fire Chief, 5 hereinafter referred to as DEPARTMENT; in order to increase the general efficiency 6 within the Fire Department, to maintain existing harmonious relationship between the 7 DEPARTMENT and its employees, and to promote the morale, rights, and well-being of 8 the members of the Fire Department, hereby agree as follows: 9 10 ARTICLE 1— RECOGNITION 11 Pursuant to Title 44, Chapter 18, Section 1, Sub -section 1 (44-1801(1)) of the 12 Idaho Code the CITY recognizes the UNION as the exclusive bargaining agent for all 13 firefighters as defined by said code excluding any clerical support staff. 14 This Agreement shall apply, currently, but not be limited to the following: 15 /"r 16 1.1 Twenty -Four (24) hour per shift Suppression Firefighters of the Meridian 17 Fire Department 18 These employees currently work shifts defined by Article 19.1. The positions 19 incorporated by this Agreement are for Introductory/Probationary, Firefighter I, II, III, 20 Driver, and Captain of Suppression. 21 22 1.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire 23 Department 24 These employees currently work a shift as defined in Article 19.2. The position 25 incorporated by this Agreement is Captain Fire Inspector, Training Captain, and may 26 include Suppression Firefighter personnel that are assigned on a temporary basis for 27 training or light duty. Temporarily assigned personnel will not be required to flex their 28 forty (40) hour per week schedule, as defined in Article 19.2, without mutual consent by 29 the individual and the department. Temporarily assigned personnel shall not have their 30 vacation or sick leave converted pursuant to Article 12. 1, but will only accrue vacation 31 and sick leave at the forty (40) hour per week employee rate during the temporary 32 assignment. comaIVE LABOR AGREEMENT — Page I of 24 I ARTICLE 2 - DISCRIMINATION 2 There shall be no discrimination against, intimidation, or harassment of any 3 employee by either the CITY, DEPARTMENT, or UNION or any member acting on 4 behalf of the UNION, because of the employee's membership or non -membership in the 5 UNION or by virtue of his/her holding office or not holding office in the UNION. 6 The CITY and the UNION agree that neither shall discriminate against any 7 employee or prospective employee with respect to his/her compensation, terms, 8 conditions, or privileges of employment because of such employee's race, color, religion, 9 sex, national origin, age, or other factors which do not constitute a bona fide occupational 10 requirements. It shall be the exclusive responsibility of the DEPARTMENT to determine 11 bona fide occupational requirements within the meaning of this Article. 12 13 ARTICLE 3 — PREVAILING RIGHTS 14 All rights, privileges and benefits held by the firefighters at this time which are 15 not included in this contract shall remain in force, unchanged and unaffected in any 16 manner unless agreed to and memorialized in writing by both parties to the Agreement, 17 provided that the Management of the Department may change or cancel any such right, 18 privilege or benefit 1) temporarily to accommodate an emergency situation; or 2) when 19 shown to be a necessity for the best interest of the City or the Department, provided 20 further that any change, cancellation or alteration of any such right, privilege or benefit 21 cannot be done arbitrarily, for retaliation, for the purposes of harassment, or in a manner 22 resulting in disparate treatment, and must be with just cause by Management. Any 23 change shall be subject to the Grievance Procedure. Nothing in this Article is intended to 24 supersede the City's obligation to negotiate pursuant to the provisions of Section 18, Title 25 44, Idaho Code, or to supersede any other terms or conditions of this Agreement. 26 27 ARTICLE 4 — MANAGEMENT RIGHTS 28 The DEPARTMENT shall have the exclusive right to exercise the regular and 29 customary functions of management, subject to the provisions of this Agreement and 30 consistent with applicable law and regulations, including, but not limited to: Determining s� 31 the DEPARTMENT'S financial, budgetary, accounting and organizational policies and 32 procedures; Directing the activities and operations of the DEPARTMENT; Determining COLLECTIVE LABOR AGREEMENT — Page 2 of 24 ~ I the levels of service and methods of operations; To create and oversee personnel policies, 2 rules and regulations not inconsistent with any other term of this Agreement; The 3 introduction of new equipment; The right to hire, lay-off, transfer and promote; To 4 discipline and discharge employees for cause; To determine work schedules and assign 5 work; To determine job qualifications; To take whatever action may be necessary to carry 6 out its mission. Provided that nothing in this Article shall nullify: (1) Any provisions 7 elsewhere in this agreement, or (2) The City's statutory obligation to negotiate with the 8 Union Pursuant to Chapter 18, Title 44, Idaho Code. Any change or cancellation of any 9 such right or privilege that is provided within Idaho Code shall be subject to the 10 grievance procedure. 11 The terms hereof are intended to cover only minimums in wages, hours, working 12 conditions, benefits, and other terms and conditions of employment. The City may place 13 superior wages, hours, working conditions, benefits and other terms and conditions of 14 employment in effect and may reduce the same to the minimums herein prescribed. 15 This Article shall not preclude the Union and the City from meeting during the 16 period of the contract to either (1) discuss procedures for avoiding grievances and other 17 problems, or (2) generally improving relations between the parties. 18 19 ARTICLE 5 — UNION DUES, FEES and ASSESSMENT CHECK OFF 20 The CITY agrees to deduct authorized union dues, fees and assessments in 21 amounts specified by the authorized officer of the UNION, from the pay of the UNION 22 employees upon written authorization. The CITY further agrees to transmit those 23 amounts monthly to the UNION. The UNION agrees to certify to the CITY the amount 24 of authorized dues, fees and assessments. The CITY will show deductions of dues, fees 25 and assessments on the employee's monthly check stubs. 26 27 ARTICLE 6 — UNION BUSINESS 28 Firefighters elected to UNION office shall be granted time off to attend functions, 29 conventions and seminars within the State of Idaho, provided that the Fire Chief is given 30 seventy-two (72) hours notice and approves such leave. Up to three (3) members of the 31 Union's Contract Negotiation Committee shall be allowed time off either as leave 32 without pay or vacation time at the employee's discretion, for all meetings with the CITY COLLECTIVE LABOR AGREEMENT — Page 3 of 24 I for contract negotiations, for union conventions and for union seminars mutually set by 2 the CITY and the UNION. 3 4 ARTICLE 7 — REDUCTIONS IN FORCE 5 Reductions in force shall be established by a resolution of the City Council. If a 6 reduction in force is directed then it shall be done based upon seniority within each 7 section Twenty -Four (24) or Forty (40) hour that is to be reduced. 8 Seniority in the Meridian Fire Department is established at the time of hiring and 9 is determined by date of hire, if the same then by cumulative test scores, and if still tied 10 then by a coin toss. 11 No new employees, in either twenty-four (24) or forty (40) hour per week 12 positions as covered by this Agreement will be hired until the released members have 13 been given the opportunity to return to work. When positions become available then 14 released personnel shall be re -hired in the inverse order they were released. 15 16 ARTICLE 8 — RULES and REGULATIONS 17 The rules and regulations and policies of the DEPARTMENT relating in any way 18 to wages, hours and/or conditions of employment shall be made a part of this Agreement. 19 The rules and regulations of the DEPARTMENT as provided in Idaho Code shall be 20 subject to change by mutual consent. 21 22 ARTICLE 9 — INSURANCE 23 During the term of this Agreement, the CITY shall pay 100% of the employee 24 premiums for health, worker's compensation, dental, life, and short & long-term 25 disability insurance. The CITY shall pay the same premium and provide identical 26 coverage to the UNION for health insurance that is given to other city employees. The 27 coverage shall be comparable to the current coverage in policies, in existence as of the 28 effective date of this agreement. The CITY will pay 80% of the same premium for the 29 family health and dental in the same manner that it pays for other city employees. This 30 provision will be reviewed on an annual basis after quotes for insurance are received to 31 determine what adjustments may be needed to employee contributions to the plan. The 32 CITY further agrees to cover increases in premiums for employees up to 3% not to COLLECTIVE LABOR AGREEMENT — Page 4 of 24 I exceed $15.00 per month or $180 per year. However, adjustments in coverage maybe 2 necessary if premiums quoted are above that amount. Any adjustments will not exceed 3 adjustments made to other city employees. The CITY reserves the right to make changes 4 in carriers, premiums and provisions of these programs when deemed necessary or 5 advisable. The City of Meridian agrees to establish an insurance review committee that 6 will review the employee's insurance coverage on an annual basis and make 7 recommendations to the City Council. The UNION will be given a position for a 8 representative on the committee with the understanding that this member does not have 9 bargaining power for the UNION. 10 11 9.1 Survivor's Health Insurance or Survivor's Benefit 12 In addition to other benefits that are available for a firefighter who dies in the line 13 of duty, including but not limited to the Federal Firefighter Death Relief Act, Social 14 Security, State Worker's Compensation, or the Public Employees Retirement System, the 15 CITY agrees to pay the following benefits: 16 1) Cash value of 50% of the accumulated sick leave remaining to the survivor of the 17 firefighter; either to the spouse, or dependant children at the survivor's choice in the 18 following manner: 19 a. Paid in one lump sum to the party or their designated trustee or representative; 20 or 21 b. Applied towards continuing health insurance coverage for the survivor, if the 22 family had been insured with the City at the time of death. After the exhaustion 23 of the value of the 50% accumulated sick leave benefit, the party may continue 24 with COBRA coverage as allowed by law, at their own expense. 25 The choice must be made in writing by the survivor or the appropriate trustee or 26 representative for the survivor. If for any reason no election is not made within ten (10) 27 days of the City's request for an election to be made then the lump sum payment shall be 28 made. 29 2) A CITY provided life insurance policy, at no cost to the firefighter, for both 30 $50,000 term life and $50,000 accidental death benefit. 31 32 cOmain LABOR AGREEMENT — Page S of 24 /"N ?O"N. 1 9.2 - Post Employment Health Program 2 When a firefighter retires from active duty, by qualifying under the rules existing 3 under the Public Employee Retirement System (PERSI); by points, age, medical 4 disability, or by any method in existence at the time of retirement allowed by PERSI, the 5 CITY agrees to apply the cash value equivalent of twenty-five percent (25%) of the 6 accumulated sick leave remaining for that firefighter in their personal accrual account 7 with the CITY, towards continuing health insurance coverage for that retiree. After the 8 exhaustion of the value of the twenty-five (25%) accumulated sick leave benefit, the 9 retiree may continue under COBRA coverage as required by law, at their own expense. 10 The CITY will make all reasonable efforts during the term of this agreement to 11 create a citywide post employment health benefit for all employees that may be 12 considered by the UNION. In the event a program is created and approved by the CITY 13 the UNION will have the option to re -open this agreement and substitute the citywide 14 program in lieu of this Program in Article 9.2 without penalty. 15 16 9.3 Voluntary Health Insurance and Benefits 17 There shall be established a Firefighter Only Retirement Health Plan between the 18 UNION and a vendor of their choosing; Washington State Council of Firefighters 19 Medical Expense Plan for Retirees (WSCFFMERP). The City shall require that all 20 employees of the fire department that are covered by the terms of this Collective 21 Bargaining Agreement shall be required to be a member of WSCFFMERP by City policy 22 whether they are a member of the UNION or not. 23 At no cost to the CITY, the CITY agrees to deduct the specified amount 24 authorized by the firefighters and transmit those amounts to WSCFFMERP monthly. 25 The UNION will be required to submit plan documents to the CITY with all the 26 necessary information to allow the CITY to accomplish the payroll deduction. The 27 amounts will be reflected in the individual UNION members monthly pay stubs. 28 The deductions by the CITY have to align with the beginning of the City's pay 29 periods and payrolling system. 30 COLLECTIVE LABOR AGREEMENT — Page 6 of 24 I ARTICLE 10 — SICK LEAVE 2 Any twenty-four (24) hour shift member of the UNION incurring a non -duty 3 sickness or disability which renders them unable to perform their duties shall receive sick 4 leave with full pay within his/her accumulated sick leave time. All twenty-four (24) hour 5 shift members shall accrue fourteen (14) hours per month. The maximum time 6 accumulated shall be 2920 hours. 7 Any forty (40) hour per week member of the UNION shall accrue eight (8) hours 8 per month with a maximum accumulation of 720 hours. The accumulated sick leave 9 shall carry over from one contract to the succeeding contract. 10 Any UNION member that transfers from a twenty-four (24) Jlour shift position 11 to a forty (40) hour per week position or vice versa shall have their accumulated leave 12 adjusted by the following conversion factor. 13 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift — Multiply 14 accumulated leave by .736. 15 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift — Multiply 16 accumulated leave by 1.36. 17 Any UNION member whose employment with the CITY is discontinued shall be 18 paid, at their regular wage rate, for 10% of their accrued sick leave at the date of 19 separation. If an employee is involuntarily terminated by the CITY, excluding workforce 20 reduction, no pay will be given. 21 Any UNION member unable to perform their duties for more that three (3) 22 consecutive shifts for twenty-four shift members and five (5) consecutive days for forty 23 hour per week members due to non -duty sickness or disability shall be required to 24 provide medical documentation from their attending physician that states that the 25 employee is unable to perform their regular duties or any limitations that may exist and 26 the expected length of time before the employee can return to full duty. Any employee 27 may be required to provide a physician certificate prior to the use of three (3) consecutive 28 work shifts for twenty-four shift members and five (5) consecutive days for forty hour per 29 week members to ensure compliance with the provisions of the Family Medical Leave 30 Act (FMLA). An employee on medical, injury or incidental leave will not accrue any 31 sick leave benefits for leave that exceed six (6) or more consecutive work shifts for COLLECTIVE LABOR AGREEMENT — Page 1 of 24 'W`` 1 twenty-four hour shift members or ten (10) consecutive days for forty hour per week 2 members. 3 4 10.1— Donating of vacation leave and receiving paid time off for catastrophic illness 5 or injuries (FMLA Qualifying) of Firefighters or Family members 6 UNION members that suffer a catastrophic illness or injury to themselves or an 7 immediate family member shall be eligible to receive leave time from another member of 8 the UNION to cover any loss of income for the member's absence from their regularly 9 scheduled duty assignment. 10 The illness and/or injury as well as the qualifying individual must all comply with 11 the requirements of the Family Medical Leave Act and the City Policy to be able to 12 receive this paid time off. 13 UNION members may donate all of their accrued vacation per calendar year. The 14 donating employee's hour will be converted to the receiving employees' rate of pay. The 15 receiving UNION member cannot receive more than 180 days of donated time per 16 calendar year. 17 Human Resources, Finance, and the UNION will create a procedure to request the 18 paid time and assure that all requirements of FMLA are followed. The City currently 19 provides Short Term and Long Term disability benefits to employees. The paid time off 20 that is necessary for an employee to maintain their pay during this period shall be 21 coordinated with that benefit so that the employee does not receive an excess of their 22 regular pay. All IRS regulations must be followed by any participant in this program. 23 24 ARTICLE 11— INJURY LEAVE 25 When a firefighter is incapacitated on the job the firefighter shall be entitled to 26 injury leave with full monthly pay without reduction which includes the wage scale in 27 APPENDIX A, during the time period in which the firefighter is unable to perform their 28 duties or until such time as the firefighter is accepted for retirement by the current 29 retirement system. The period of injury leave is limited to a maximum of twelve (12) 30 months and any Worker's Compensation benefits received by the member for total or 31 partial temporary disability during the employee's injury leave with full pay shall be 32 turned over to the CITY. All employees on injury leave shall be subject to an COLLECTIVE LABOR AGREEMENT — Page 8 of 24 I examination by a Doctor acceptable to the CITY. The CITY may require recertification 2 by a physician every thirty (30) days. 3 Whenever a firefighter is unable to perform their full duties as a result of a "line 4 of duty" injury or illness, the firefighter may be required to report to work in a light duty 5 status if management determines that light duty work exists or is available at that time. 6 Management has the right to determine if light duty exists. The CITY has the right to 7 reassess the light duty position every thirty (30) days. 8 The DEPARTMENT reserves the right to re -assign work schedules as necessary 9 when assigning light duty. This right shall include, but not be limited to changing days of 10 work, hours of work, and type of work to be performed. If light duty extends beyond the 11 current month (begins in one month and extends into another), the firefighter will only 12 accumulate leave benefits at same accrual rate of a general city "forty (40) hour per 13 week" employee until light duty ends. When the firefighter returns to regular duty 14 assignment the normal leave benefits will begin to accrue immediately. If the return to 15 duty occurs within the month then the CITY will pro -rate their accrual of leave within 16 that month between a general employee rate and the firefighter rate. 17 Assigned light duty shall be strictly limited to instructions, restrictions, or 18 limitations provided by the sick or injured employee's medical doctor regarding their 19 physical or mental status. The firefighter must provide a Doctor's release to the Fire 20 Chief or designee stating what limitations or functions the firefighter is able to perform 21 and for how long (hours per day or per shift, days or shifts per month, etc.) 22 Assigned light duty shall in no way endanger, aggravate or prolong the full 23 physical and/or mental recovery of the sick/injured employee. 24 Light duty shall in no way affect the existing vacation, holiday, sick leave or other 25 benefit accrual as previously agreed to or provided for by this agreement or by past 26 practice of the management except for the exceptions as provided within this Article. 27 28 ARTICLE 12 — VACATION—EMERGENCY—INCIDENTAL & HOLIDAY 29 LEAVE 30 31 12.1 Vacation Leave COLLUVE LABOR AGREEMENT — Page 9 of 24 I accrue as each holiday occurs. All twenty-four (24) shift employees shall have the 2 holiday leave added to their vacation leave. All employees shall be entitled to ten (10) 3 holidays per calendar year as listed below: 4 NEW YEAR'S DAY LABOR DAY 5 CIVIL RIGHTS DAY COLUMBUS DAY 6 PRESIDENT'S DAY VETERAN'S DAY 7 MEMORIAL DAY THANKSGIVING DAY 8 INDEPENDENCE DAY CHRISTMAS DAY 9 All forty (40) hour per week employees shall NOT receive Columbus Day as a holiday, 10 but shall receive the day after Thanksgiving as a holiday. The forty (40) hour per week 11 employees shall receive all the remaining holidays as listed above. If the designated 12 holiday falls on a weekend then the member shall take the City designated day as the 13 holiday. 14 15 ARTICLE 13 — RELIEF PERSONNEL 16 The DEPARTMENT will provide qualified relief personnel with full-time 17 employees, if possible. Sufficient relief personnel shall be used to maintain normal 18 coverage of each shift period of vacation, holidays, sick leave, and fire related education. 19 Relief personnel may include current department personnel working out of classification 20 in a higher ranked position, pursuant to this Agreement. Relief personnel can also be 21 part-time paid personnel who have been certified as qualified through the training 22 program established by the DEPARTMENT. Part-time paid personnel can only serve as 23 relief in a Firefighter position, but not as Captain or Driver. 24 25 ARTICLE 14 — VACANCIES 26 Any unfilled position caused by termination, retirement, promotion or otherwise, 27 except for personnel reduction as provided elsewhere in this Agreement, shall be filled 28 from a hiring list of eligible applicants on file for that position. If there is no existing list 29 then entry level positions will be filled within one hundred and eighty (180) days of the 30 opening. 31 Promotions and vacancies for the position of Driver, Captain and any other 32 positions added to the ranks of the DEPARTMENT which pertain to shift personnel shall 33 be filled from the current ranks of full-time personnel of the Meridian Fire Department. COLLECTIVE LABOR AGREEMENT — Page 12 of 24 n 1 After the test is given and if appropriate training has been provided for the position tested 2 and there are no successful candidates a second test will be given and if there are still no 3 successful candidates for these positions, management has the right to hire outside of the 4 Meridian Fire Department to fill the open position(s). All promotional examinations 5 shall be given within 90 days and after completion of the test be filled within sixty (60) 6 days as long as there are available candidates to promote. 7 It shall be the exclusive responsibility of the DEPARTMENT to determine bona 8 fide occupational requirements within the meaning of this Article. 9 10 ARTICLE 15 — PROMOTIONS 11 Eligibility tests for promotion and newly created positions shall be based on 12 examinations given. To be considered for promotion the employee must have served one 13 continuous year in the previous position. All promotional lists will become effective 14 June 1 St of the year that they are given and will expire on May 31St of the year that the 15 subsequent test is given. 16 Examinations will be given once every two (2) years for Drivers; and will be 17 given in May of each year. For the positions of Captain of Suppression, the examination 18 will be given every two (2) years in May. For the position of Captain Fire Inspector no 19 scheduled test will be held during the term of this agreement unless it is to fill a vacancy. 20 The testing for Drivers will be in even numbered years and for Officers in odd numbered 21 years, or as needed 22 A notice of impending promotional exam with a designated bibliography and 23 defined scoring criteria for the positions being tested shall be provided to all personnel 24 for a minimum of ninety (90) days prior to the test date. The bibliography and defined 25 scoring criteria may be available more than ninety (90) days prior to the testing, but the 26 notice of testing must allow for a minimum of ninety (90) days between the notice and 27 the test. Notice shall be provided by a department wide email to all members of the 28 department and by the posting of notices in each Fire Station and the Administrative 29 office of the Fire Department. 30 In the event of an opening/vacancy for a position in which there are no qualified 31 candidates on the current promotion/eligibility list of that position, a special test may be 32 given, by mutual consent of both parties, to fill the vacancy/opening. COLLECTIVE LABOR AGREEMENT — Page 13 of 24 I All examinations shall be impartial and shall relate to those matters which will 2 test fairly the candidate's ability to discharge the duties of the position to be filled. 3 It shall be the exclusive responsibility of the DEPARTMENT to determine bona 4 fide occupational requirements within the meaning of this Article. The DEPARTMENT 5 shall be the sole judge of skills, qualifications and ability. Seniority for promotions will 6 be one (1) point per year of service up to the maximum of ten (10) points. Promotional 7 examinations shall consist of a written test and assessment center. A minimum of 70% 8 will be required to pass each portion of the promotional examination. Seniority points 9 will be added after successfully passing the examination. The following formula will be 10 used to determine the candidate's final score on promotional examinations. 11 12 Example: 81.0% Written Examination 13 + 75.0% Assessment Center 14 /2= 78.0% 15 + 8.0 Seniority Points (8 year's service) 16 86.0 Final Score 17 18 ARTICLE 16 — GRIEVANCE PROCEDURE 19 Disputes or differences arising between the DEPARTMENT and the UNION 20 and/or individual members of the Fire Department as to the meaning or application of any 21 provision of the Agreement or of the Rules and Regulations of the Fire Department (as 22 provided in Article 8), relating in any way to employees' wages, hours and /or conditions 23 of employment, shall be settled in the manner provided herein. For the purpose of this 24 provision, such a dispute or difference shall be referred to as a "Grievance." 25 Step One: Any employee who has a grievance shall notify the Union Grievance 26 Committee in writing within ten (10) business days from the date of the grievance, or ten 27 (10) business days from the time the employee, through reasonable diligence, should 28 have been aware of it. The Union Grievance Committee, hereinafter referred to as 29 UNION, shall within the next then (10) business days determine if the grievance has 30 merit. If in its opinion, the grievance does not have merit, no further action shall be 31 necessary. 32 Step Two: If it is the opinion of the UNION that a valid grievance exists, the 33 UNION shall present the grievance in writing to the Fire Chief within ten (10) business 34 days after their decision. All parties to such discussion will make a good faith effort to COLLECTIVE LABOR AGREEMENT — Page 14 of 24 I resolve the grievance. The Fire Chief thereafter shall give his/her reply in writing within 2 ten (10) business days from the receipt of the written grievance. 3 Step Three: If the grievance has not been resolved in Step Two, the UNION shall 4 present the grievance in writing to the DEPARTMENT within ten (10) business days 5 from the receipt of the Fire Chief's written reply. All parties to such discussion will 6 make a good faith effort to resolve the grievance. The DEPARTMENT thereafter shall 7 give its reply in writing within ten (10) business days. 8 Step Four: If the grievance has not been resolved at the appropriate lower 9 Step(s), either the UNION or DEPARTMENT may within ten (10) business days refer 10 the grievance to an Arbitrator by serving written notice upon the other. 11 The UNION and the DEPARTMENT shall both select an individual to represent 12 their interests in the grievance process. The individuals may not be members of, or 13 employees of either the UNION or the DEPARTMENT. These two individuals shall 14 request Director of the Department of Labor and Industrial Services of the State of Idaho 15 to supply a list of seven (7) proposed arbitrators, none of the seven (7) shall be 16 individuals that have represented either the UNION or the DEPARTMENT. Within five 17 (5) business days after receipt of this list the UNION'S representative and the 18 DEPARTMENT'S representative shall select an Arbitrator by alternately striking one (1) 19 name at a time from the list until only one (1) name remains. The party striking the first 20 name shall be determined by a coin toss. Both parties shall accept the name remaining on 21 the list as the Lead Arbitrator. 22 The Arbitration Board shall conduct a hearing and shall render a decision in 23 writing, which shall be final and binding on both parties, subject only to the parties' right 24 to seek vacation or modification to the Arbitration Board award pursuant to the 25 provisions of Chapter 9, Title 7 Idaho Code. 26 The Arbitration Board shall have only such jurisdiction and authority to interpret 27 and apply the provisions of the Agreement as shall be necessary to the determination of 28 the arbitration issue. The Arbitration Board shall not have any power to add or subtract 29 from, modify or alter in any way, the provision of this Agreement. The cost of arbitration 30 shall be borne equally by the CITY and UNION. 31 32 COLLECTIVE LABOR AGREEMENT — Page 15 of 24 I ARTICLE 17 - NO STRIKES — NO LOCKOUT 2 Upon the consummation and during the term of this Agreement, no member of the 3 Fire Department covered by this Agreement shall strike or recognize a picket line of any 4 labor organization while in the performance of his/her official duties, in accordance with 5 Idaho Code Section 44-1811. 6 It is mutually agreed that there shall be no strike authorized by the UNION and no 7 lockout authorized by the CITY, except for the refusal of either party to submit to or 8 abide by the grievance procedure set forth herein. No picket line, at or around the City's 9 property, established by any other person or organization shall be sanctioned or honored 10 during the term of this Agreement. 11 The UNION agrees that as part of the consideration for this Agreement, it will, 12 within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, 13 slow -downs or suspensions of work, instructing their members to work immediately. The 14 UNION agrees that it will not assist employees participating in unauthorized work 15 stoppages, strikes, slow -downs or suspensions of work. For purposes of this section, the 16 term "strike" shall include a cessation or stoppage of work, slow -down, sit-in and 17 picketing of the City's premises. 18 19 ARTICLE 18 - UNIFORM ALLOWANCE AND ISSUED EQUIPMENT 20 The CITY and the UNION believe that professionalism and pride in the City and 21 the Fire Department are a significant part of a superior fire service. Both the CITY and 22 the UNION believe that the attire of the firefighter and their conformance with 23 professional appearance helps achieve the goals of a superior organization. All uniform 24 and work attire shall be clean and appropriately pressed or maintained. It shall be within 25 the discretion of the Fire Chief or his designee to determine if an article of clothing is no 26 longer serviceable for wear on duty. 27 All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 28 1975 minimum requirements for station uniform wear. The brand, style, materials and 29 color of uniforms shall be reviewed annually by the Uniform Committee. The 30 Committee shall be comprised of two (2) UNION members and one (1) member of 31 management designated by the Fire Chief. The Committee may recommend changes, but 32 the final decision shall be at the discretion of the Fire Chief. COLLECTIVE LABOR AGREEMENT — Page 16 of 24 I Under this article the CITY and the UNION have agreed to the specific clothing 2 that is to be purchased for "recruits", "first year", "second year", third year and beyond" 3 firefighters. The City will provide the "recruit" attire, except for a Class B uniform. The 4 Class B will be provided to the recruit, but will be charged against their first year clothing 5 allowance. The City shall provide an allowance of $725.00 annually for first year 6 employees and beyond. The first year and second year purchases shall include the items 7 on the clothing list prior to making any additional purchases confined to the items 8 specified in APPENDIX C. Third year and beyond employees shall be able to purchase 9 station uniform wear that has been agreed to by the CITY and the UNION and are 10 contained in APPENDIX C of this agreement. The reference to years shall be based on 11 fiscal years of the CITY. 12 As long as the items purchased are used and consumed during the normal course 13 of employment, the City will allow the firefighter to maintain the station wear and 14 equipment personally. 15 The CITY will be responsible to acquire the necessary vendors for the specific 16 items on the clothing and equipment list and ordering all the items. The City will make 17 two general offerings for purchasing of uniforms and equipment during a fiscal year. 18 These dates are not fixed and may be flexible based upon hiring and need. The UNION 19 will be responsible to acquire all the necessary ordering information and accounting for 20 the totals attributable to each UNION member's purchases. The UNION will provide the 21 CITY with all that information to account for each UNION members purchases and the 22 City will pay the invoices for these twice a year purchases. Any unspent monies per 23 individual firefighter remaining at the end of the fiscal year will be waived. 24 The CITY agrees to provide the necessary equipment for the Twenty -Four (24) 25 hour per shift Suppression Firefighters to perform their duties. The CITY and the 26 UNION will meet and discuss what tools may be needed for each Suppression 27 Firefighter. For the term of this Agreement the equipment is listed as APPENDIX D. 28 Once issued the member shall be responsible to maintain and keep the issued equipment. 29 All items may be required to be produced as part of an inspection. If equipment is lost or 30 damaged, beyond use, in the course of duty it may be returned, if practical, to the 31 department for replacement. If unable to be returned it can still be replaced. If lost or COLLECTIVE LABOR AGREEMENT — Page 17 of 24 I damaged outside of duty use then the firefighter will be required to replace the item at the 2 member's expense. 3 4 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK PERIODS 5 19.1 Twenty -Four (24) hour per shift Suppression Firefighters of the Meridian Fire 6 Department 7 The designated work period for all twenty-four (24) hour shift employees covered 8 under this Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 9 hours. Under the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid 10 at the regular hourly rate and twelve (12) hours paid at the overtime rate if no excluded 11 hours under the Act has been taken. Overtime shall also be paid for time worked off the 12 Firefighter's normally scheduled shift, other than a "shift trade." 13 The regular work schedule for twenty-four (24) hour shift employees shall be 14 three (3) shifts on duty every other day and four (4) days off. A shift shall be twenty-four 15 (24) hours of duty, starting at 0700. For illustrative purposes, the regular work schedule 16 for suppression personnel is listed below with an X representing an on -duty shift and a Y 17 representing and off-duty shift. 18 XYXYXYYYY 19 20 19.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire 21 Department 22 The regular work week shall be scheduled Monday through Friday, 8:00 a.m. to 23 5:00 p.m. with a one (1) hour lunch break included. Any time worked over forty (40) 24 hours per week shall be paid at a rate of time and one-half of the employee's hourly wage 25 to the next % hour for the actual hours worked. When circumstances dictate the Chief 26 reserves the right to flex this schedule to meet the Department's needs. As a courtesy, the 27 affected employee will be given one (1) week's notice of the schedule change, unless the 28 change is unforeseen. In an unforeseen circumstance the Chief has the right to change 29 the schedule to meet the need, but once the circumstance is over, the schedule will be 30 returned to normal. These positions shall have a regular defined on-call schedule and n 31 will be compensated pursuant to the City on-call policy. COLLECTIVE LABOR AGREEMENT — Page 18 of 24 I ARTICLE 20 — BEREAVEMENT LEAVE 2 In the event of a death in the twenty-four (24) hour shift employee's immediate 3 family, they shall be entitled to forty-eight (48) consecutive shift hours off for 4 bereavement leave. Additional leave may be granted from sick leave, accrued vacation 5 leave or unpaid leave of absence at the discretion of the Chief or designee. 6 In the event of a death in the forty (40) hour per week employee's immediate 7 family, they shall be entitled to three (3) consecutive workdays off for bereavement leave 8 Additional leave may be granted from sick leave, accrued vacation leave or unpaid leave 9 of absence at the discretion of the Chief or designee. 10 For purposes of this article, immediate family shall be defined as current spouse, 11 children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In - 12 laws are defined as a father, mother, or grandparents of current spouse, or sister and 13 brother in-law of the employee. Adopted or "step" relationships will be considered same 14 as any other family relationship. 15 16 ARTICLE 21— ADDITIONAL DUTY AND COMPENSATION 17 Any firefighter reporting for duty while off-duty shall have all of the benefits that 18 he/she would normally have while on his/her regular tour of duty. All additional 19 compensation accumulated by a firefighter shall be due and payable in their next pay 20 period. 21 22 21.1 Definition of Overtime, Scheduled Overtime, and Compensation 23 Overtime pay shall be paid as defined by Article 19 of this agreement. Scheduled 24 overtime shall be when a firefighter is requested to return to work for any meetings, 25 training, shifts or any other reason deemed necessary by the department that is scheduled 26 or planned. 27 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her 28 normal rate of pay for all overtime or scheduled overtime worked. 29 W ,", 31 32 21.2 Definition of Call Back and Compensation Call Back shall be when a firefighter is requested to return to work by the DEPARTMENT at a time that the firefighter was not scheduled to work. COLLECTIVE LABOR AGREEMENT — Page 19 of 24 I The firefighter shall receive a minimum of four (4) hours of pay, from the time 2 they receive the call, for a call back. Additional calls during that initial four (4) hours 3 will not be further compensated. Any time worked after the first four (4) hours will be 4 compensated in one-half (1/2) hour increments, rounded up. Any firefighter reporting for 5 duty while off-duty shall have all of the benefits that he/she would normally have while 6 on his/her regular tour of duty. All additional compensation accumulated by a firefighter 7 shall be due and payable in their next pay period, unless the compensation is to be paid 8 by a separate public or private entity. If the latter situation exists then the firefighter will 9 be paid at the next pay period after the funds are transferred to the City. The firefighter 10 will be paid by the last pay period within 180 days of the last date of service for the 11 public or private entity whether the City has been reimbursed at that time or not. 12 Overtime pay shall be paid as defined by Article 19 of this agreement. 13 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her 14 normal rate of pay for all overtime worked. 15 16 21.3 Definition of Holdover and Compensation 17 Holdover shall be when a firefighter regularly scheduled duty is extended from 18 the end of the shift by the DEPARTMENT. 19 Any time worked as holdover will be compensated in one-half (1/2) hour 20 increments, rounded up to the next half-hour. 21 22 21.4 Definition of Overtime for Training 23 Training that is required by the DEPARTMENT is compensable. The 24 DEPARTMENT retains the right to determine which personnel may attend training 25 26 ARTICLE 22— WORKING OUT OF CLASSIFICATION 27 All employees of the DEPARTMENT covered by this Agreement, who have 28 tested and are qualified as to meeting the eligibility requirements set forth by this 29 Agreement, and are on the current eligibility list for promotion to the higher ranked 30 position, when necessary, must accept, and assume the duties of the higher ranked 31 position when it is available. No more than one person working in a higher ranked COLLECTIVE LABOR AGREEMENT — Page 20 of 24 10—N 1 position will be allowed on a company at a time, unless an extreme or emergency 2 situation exists. 3 After the completion of the promotional exams the employee may opt to remain 4 on the eligibility list or may choose to be removed at that time. At any time during the 5 life of the eligibility list the employee may opt, at their sole discretion, to have their name 6 removed. In either circumstance removal from the list will be final and the employee 7 may re -test during the next testing period for promotion to that grade. 8 The right to use personnel will be current full-time department personnel working 9 out of classification in a higher or lower ranked position, as set forth above. If an 10 employee were to work in a lower ranked position they would be paid at their current 11 rate, not the lower wage. Each employee assuming the higher ranked duties shall be paid 12 at the wage scale of the higher position or rank, for the time worked at that position or 13 rank. Any time worked out of classification will be compensated in one-half (1/2) hour 14 increments, rounded up to the next half-hour. 15 Paramedic Drivers are allowed to swing up to Captain and receive the higher r� 16 wage for the temporary assignment in addition to their regular paramedic pay. 17 18 ARTICLE 23— STAFFING 19 The DEPARTMENT maintains the right to assignment and staffing of stations, 20 engines, and companies. At a designated date annually all Twenty Four (24) hour per 21 shift Suppression Firefighters will be eligible to bid on a station assignment if a position 22 on the same shift is vacant. Change in assignment may be based on the following 23 criteria; vacancy, seniority, stations available, and re -assignment, but is not limited to 24 only these specified. The method of declaring a vacancy, applicability of seniority, 25 station bidding, and re -assignment shall be determined by Department policy. The 26 Station Bid policy shall be negotiated between the UNION and the DEPARTMENT as 27 mutually determined to be needed. The DEPARTMENT retains the final authority for all 28 staffing and shift assignments. 29 Minimum Staffing at each station will be either three (3) or four (4) personnel 30 dependent on the assigned apparatus to the station. Personnel assigned to a station may 31 be used to cross -staff various types of apparatus. Brush trucks, water tenders and reserve COLLECTIVE LABOR AGREEMENT — Page 21 of 24 I All twenty-four (24) hour shift employees shall accrue paid vacation leave on 2 monthly basis according the following schedule: 3 A. Zero to four (0-4) years of service 16 hours per month 4 B. Five to nine (5-9) years of service 18 hours per month 5 C. Ten to fourteen (10-14) years of service 20 hours per month 6 D. Fifteen to nineteen (15-19) years of service 22 hours per month 7 E. Twenty (20) and over years of service 24 hours per month 8 9 Maximum hours accrued shall be 720 hours. Any amount over the maximum will 10 be lost. 11 All forty (40) hour per week employees shall accrue paid vacation leave on 12 monthly basis according the following schedule: 13 A. Zero to four (0-4) years of service 10 hours per month 14 B. Five to nine (5-9) years of service 12 hours per month 15 C. Ten to fourteen (10-14) years of service 14 hours per month 16 D. Fifteen to nineteen (15-19) years of service 16 hours per month 17 E. Twenty (20) and over years of service 18 hours per month 18 19 Maximum hours accrued shall be 250 hours. Any amount over the maximum will 20 be lost. 21 Any UNION member that transfers from a 24 hour shift position to a 40 hour per 22 week position or vice versa shall have their accumulated leave adjusted by the following 23 conversion factor. 24 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift — Multiply 25 accumulated leave by .736. 26 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift — Multiply 27 accumulated leave by 1.36. 28 Any firefighter, whose employment with the DEPARTMENT is discontinued, for 29 any reason, shall be paid at their wage rate, at time of separation, for all accrued and 30 accumulated vacation. 31 Vacation usage shall be governed by departmental policy, but no more than three 32 (3) firefighters shall be allowed to use vacation or incidental leave per shift unless 33 directed by a change in the departmental policy. 34 35 COLLECTIVE LABOR AGREEMENT — Page 10 of 24 s-, 1 12.2 Emergency Leave 2 In the event of an emergency, a firefighter shall be granted leave for a minimum 3 of four (4) hours and until the emergency no longer exists and the firefighter can return 4 and perform their job as required. The firefighter's station captain shall have the 5 authority to grant the immediate leave and will coordinate with the Chief or the 6 designated Station Captain, to acquire a replacement firefighter pursuant to this 7 Agreement and Departmental policy. 8 An "Emergency" for the purposes of this clause shall be a matter that could not 9 have been anticipated or known prior to the beginning of the firefighter's shift and should 10 in the discretion of the station captain be a matter of concern of great bodily harm to the 11 firefighter or their immediate family; a matter of great property loss or damage to the 12 firefighter and should only be granted in the most extraordinary of circumstances. 13 When practical the Fire Chief will be notified of the granting of Emergency 14 Leave, and if applicable, the possible length of said leave. 15 16 12.3 Incidental Leave 17 Incidental leave is defined as time off not previously scheduled during the 18 vacation schedule process pursuant to departmental policy. Incidental leave usage shall 19 be governed by departmental policy, but no more than three (3) firefighters shall be 20 allowed to use incidental or vacation leave per shift unless directed by a change in the 21 departmental policy. 22 Incidental leave shall be granted at the discretion of the Fire Chief or the 23 designated Station Captain. 24 Incidental leave may be granted at any time, up to and including the day 25 requested, as long as no more than three firefighters have been granted vacation or 26 incidental leave on the requested day. Incidental leave will be granted for a minimum 27 four (4) hours. 28 29 12.4 Holiday Leave 30 All firefighters shall accrue and receive eight (8) hours paid leave for each of the 31 holidays listed below and any additional days recognized by the State of Idaho. All 32 holiday time shall be in addition to the employee's accumulated vacation leave, and shall COLLECTIVE LABOR AGREEMENT — Page I I of 24 ,,"IN 1 apparatus are not required to be staffed on a daily basis. Apparatus standards shall be the 2 following: 3 Engine Companies 4 1 Captain 5 1 Driver 6 1 Firefighter 7 8 Brush Truck Companies 9 1 Captain 10 1 Firefighter 11 12 Water Tender Companies 13 1 Driver 14 1 Firefighter 15 16 Truck Companies shall consist of 17 1 Captain 18 1 Driver 19 2 Firefighters 20 21 Any additional firefighters on staff above the minimum as listed above will be used to 22 increase the staffing of the engines/truck or staff extra apparatus. 23 Whenever circumstances exist that causes an apparatus to fall below that 24 minimum, management reserves the right to re -assign personnel (including select 25 qualified command officers at the Chief's discretion), exercise "call-back", exercise 26 "holdover", exercise "working out of classification", or in extreme emergency 27 circumstances, take an apparatus out of service temporarily until appropriate personnel 28 are available. Stations or Apparatus will only be taken out of service long enough to 29 return the necessary personnel to staff them. 30 As of the effective date of this contract, the Meridian Fire Department operates 31 five (5) Engine Companies and cross -staffs one (1) Truck Company. As future stations 32 are opened, they will be staffed by additional Engine and/or Truck Companies, as 33 decided by the CITY, using this same staffing configuration above unless mutually 34 agreed to a change by the UNION and the CITY. 35 36 Advanced Life Support (ALS) Engine or Truck Companies 37 An Advanced Life Support (ALS) Engine or Truck company shall consist of a 38 minimum of one (1) licensed paramedic in the State of Idaho. The licensed paramedic COLLECTIVE LABOR AGREEMENT — Page 22 of 24 I shall be the person primarily responsible on that company apparatus En ine or Truck g p y to 2 provide ALS response. The Company Officer, or Captain, may a be paramedic, but is not p 3 charged with the primary responsibility of ALS support and therefore an additional 4 licensed paramedic must be on the apparatus for it to be considered as an ALS response. 5 6 ARTICLE 24 — SALARIES 7 Wages for all UNION members shall be as fixed and set forth in APPENDIX A 8 attached hereto. 9 10 ARTICLE 25 -- ALCOHOL & DRUG POLICY 11 The DEPARTMENT and its UNION members agree to abide by the City of 12 Meridian's Alcohol and Drug Policy. The policy in effect at the time of the execution of 13 this contract is included in this agreement as APPENDIX B. It is agreed that changes 14 made to this policy, shall not apply to the UNION without written consent of its 15 members. 16 17 ARTICLE 26 — HEALTH AND WELLNESS 18 CITY shall provide mandatory physicals, as the department budget allows. The 19 budget shall not be reduced from the current line item in the FY2011 budget and the 20 Chief shall attempt to increase the amount in future budgets to allow each UNION 21 member a physical every two years. The process of choosing members receiving 22 physicals shall be random and the method of selection shall mutually agreed upon by the 23 CITY and the UNION. No member shall have a mandatory second physical until all the 24 UNION members have been given their first physical. 25 The physicals shall be done through a physician that both CITY and the UNION 26 agree upon. The only medical information that the CITY shall receive from the physician 27 is a proof of attendance. All other documentation and personal medical information shall 28 be directed to the member receiving the physical and no medical information shall be 29 shared with the CITY by the physician without the individual member's consent. 30 31 32 COLLECTIVE LABOR AGREEMENT — Page 23 of 24 1 ARTICLE 27 – SAVINGS CLAUSE 2 If any provisions of this Agreement or the application of such provision should be 3 rendered or declared invalid by any court having jurisdiction, or by reason of any existing 4 or subsequently enacted legislation, the remaining parts or portions of this Agreement 5 shall remain in full force and effect. 6 7 ARTICLE 28 – EFFECTIVE DATE 8 The Collective Labor Agreement shall become effective October 1, 2010 and 9 remain in full force and effect through September 30, 2012. 10 Additionally, this agreement may be re -opened at any time for negotiations on 11 any mutually agreed upon item(s), pursuant to the procedures set forth in Chapter 18, 12 Title 44, Idaho Code. This may include items contemplated within this agreement that 13 may require amendment or change during the course of this Agreement. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Q Zz; "4\46w%�ts7—DATED A►ND SIGNED this day of 2010. , CITY OF MERIDIAN By: vec TVOY Weerd M IAFF LOCAL #4627, MERIDIAN CHAPTER By: r unfree Press ent APPROVED BY CITY COUNCIL this Zqday of 2010 ATTEST: By: -A Jayce6 L. Holman City Clerk COLLECTIVE LABOR AGREEMENT -- Page 24 of 24 APPENDIX A Introductory/Probationary Firefighter positions are eligible for promotion to Firefighter I after six months of service with the Meridian Fire Department. Firefighter I and II designated below are State of Idaho Certification levels and in addition to achieving that certification the individual must serve for one (1) continuous year each before being eligible for promotion pursuant to Article 15 of this Agreement. As of October 1, 2009 Firefighter III is a certification level of the Meridian Fire Department, pursuant to the standards established by the Department and in addition to achieving that certification must also serve for one (1) continuous year before being eligible for promotion pursuant to Article 15 of this Agreement. Firefighters that possess an existing Firefighter III certification from the State of Idaho are also eligible for this promotion and in addition must also serve in this position for one (1) continuous year before being eligible for promotion pursuant to Article 15 of this Agreement. The Department shall do everything within its ability to provide all classes within a reasonable cycle, but cannot guarantee that all classes necessary for promotion to Firefighter III within a specific time period Promotions shall take effect on the next pay period following the completion of the time of service. (Intro/Prob-6 months; FFI —1 year; FFII-2 years; FFIII-3 years) Wage Scale — The wages for the regular rate of pay for all positions except the Captain Fire Inspector & Captain Training are based upon 2920 hours worked per year. The Captain Fire Inspector & Captain Training wage is based upon 2080 hours worked per year. The job classification and wage rates for employees covered by this Agreement shall be as follows: EFFECTIVE DATES Job Titles 10/l/2010(+3%) 10/1/2011(+3%) Introductory/Probationary Firefighter I Firefighter H Firefighter III ' Driver APPENDIX A $ 15.19 hourly $ 15.65 hourly $ 44,354.80 annually* $ 45,698.00 annually* $ 16.41 hourly $ 16.90 hourly $ 47,917.20 annually* $ 49,348.00 annually* $ 19.26 hourly $ 19.84 hourly $ 56,239.20 annually* $ 57,932.80 annually* $ 21.24 hourly $ 21.88 hourly $ 62,020.80 annually* $ 63,889.60 annually* $ 22.92 hourly $ 23.61 hourly $ 66,926.40 annually* $ 68,941.20 annually* Captain of Suppression $ 25.51 hourly $ 26.28 hourly $ 74,489.20 annually* $ 76,737.60 annually* Captain Fire Inspector/ $ 35.81 hourly $ 36.89 hourly Captain Training $ 74,484.80 annually* $ 76,731.20 annually* *Annual wage listed is based upon hours projected. Wages are paid on actual hours worked. Education or Certification Incentive Pay: All employees that have furthered their education or expertise, at their own expense, and have acquired the following degrees regardless of their major may apply for and receive an additional amount added to the firefighter's base rate. The additional hourly amount shall be: Associate's Degree: $.11 cents per hour Bachelor's Degree: $.22 cents per hour EMT Advanced: $.22 cents per hour Master's Degree: $.33 cents per hour Paramedic License: (Captain Only) $.33 cents per hour The educational degree shall be from an accredited institution of higher learning. The EMT Advanced or Paramedic License shall be from the State of Idaho. The additional hourly amount shall be added the firefighter's base rate of pay. Paramedic Pay: All employee's that are Licensed Paramedics by the State of Idaho shall receive the following amount in addition to the salaries listed above: $1.65 per hour This amount shall only be available from Introductory/Probationary level up to and including Driver. Captains and above shall not receive Paramedic pay, but may receive Education Incentive pay. The additional hourly amount shall be added to the firefighter's base rate of pay. All employees that were hired as paramedics shall be required to maintain their license as a continuing job requirement until they reach the Captain position. Standards for Meridian Fire Department Certification of Firefighter III shall include all current requirements for Fire fighter II including the following additional training: A) Completion of 16 hour ICS 300 course that meets or exceeds standards set by Department of Homeland Security B) Completion of 24 hours Instructional Methodology that Meets or exceeds standards set by NFPA 1021(2007) for Fire Service Instructor 1 C) Completion of 32 Hours Building Construction for the Fire Service Education that Meets or exceeds Standards set by Idaho EST or the National Fire Academy APPENDIX A D) Completion of an additional 24 Hours Technical Rescue Elective Training that Meets or Exceeds Standards set by NFPA 1670 (2009) Courses to be approved by Fire Chief or his Designee Acceptable areas of training shall include but not be limited to the following: 1) Structural Collapse 2) Rope Rescue 3) Confined Space Search and Rescue 4) Vehicle and Machinery Search and Rescue 5) Water Search and Rescue 6) Wilderness Search and Rescue 7) Trench Evacuation Search and Rescue E) Completion of 60 Hours of Additional Firefighter Health and Safety Training Courses to be approved by Fire Chief or his Designee Acceptable areas of training shall include but not be limited to the following: 1) Rapid Intervention Team Training 2) Flashover Survival Training 3) Wildland Urban Interface Training 4) Firefighter Health and Wellness Programs 5) Infection Control for Emergency Response ,•"N 6) _Emergency Incident Rehab 7) Firefighter accountability and location 8) Risk Management 9) Fireground communications 10) Other Emerging Health and Safety Issues, affecting emergency Responders F) Completion of the Following National Fire Academy Courses Resident, Off Site, or Online Delivery (All are available via online delivery)* 1) Fire Service Supervision (Q318) 2) Awareness of Command and Control Decision making at Multiple Alarm Incidents (Q297) 3) National Fire Incident Reporting System (NFIRS) 5.0 (Q494) Requirement 1, 2, and 3 can also be met by completion of Fire Officer 1 Per NFPA 1021 (2009) 4) Community Safety Educators (Q1 18) 5) Testing and Evaluation of Water Supplies for Fire Protection (Q218) Requirement 4 and 5 can also be met by completion of Fire and Life Safety Educator 1 Per NFPA 1035 (2010) * All decisions as to whether a class meets the required objectives and hours for the classes listed above will be made by the Chief. APPENDIX A APPENDIX B SUBJECT: DRUG AND ALCOHOL POLICY PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy volunteers are stated as employees. This policy applies to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. SAFETY SENSITIVE POSITIONS The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. Safety Sensitive positions are those that require an employee to: • Carry firearms • Have custodial responsibility for illegal drugs • Perform emergency medical, lifesaving, and/or fire suppression activities • Have supervision over children in the absence of their parents or adult guardians • Have access to homes and/or businesses in the City • Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury • Work in the water and wastewater systems and their operations • Be required to maintain a Commercial Driver's License (CDL) • Operate heavy machinery Human Resources shall maintain a list of every safety sensitive position that is covered by this policy. POLICY: In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is APPENDIX B committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug -Free Workplace Policy is not intended to replace or supercede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. The City requires compliance with this policy as a condition of employment for qualified applicants or for continued employment for all City employees and volunteers. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be charged with interpreting and administering this policy. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. PROCEDURES AND RELATED INFORMATION PROHIBITED ACTIVITIES A. On -Duty 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. APPENDIX 6 • 4. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. B. Off -Duty 1. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. 2. Employees who are acquitted will be returned to work with back pay, if applicable. 3. Any employee convicted of violating a criminal drug statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. II. MEDICATION PRESCRIBED BY PHYSICIAN A. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. B. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. III. DISCIPLINE A. Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. APPENDIX B B. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including termination. C. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participation in the program. If the employee is required to participate in an alcohol and/or drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to returning back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. E. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. F. Employees who are required to participate in the City's Employee Assistance Program (EAP) will be subject to termination for the following policy violations: 1. Failure to contact the EAP within five (5) working days after notification of a positive test result. 2. Refusal or unexcused failure to participate in counseling or the EAP program. 3. Abandonment of a treatment program prior to completion and being released. IV. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL A. The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. APPENDIX B B. Self- Referral 1. Rehabilitation assistance in lieu of discharge may be offered: 2. Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. 3. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 4. An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) 5. months. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non -paid leave of absence approved by the 6. City. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. C. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. V. EDUCATION APPENDIX B 1_0� A. Supervisors and other management personnel will be trained in: 1. Overall City policy; 2. Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; 3. Recognizing and intervening in situations that may involve violations of this policy; 4. EAP intervention, procedures and supervisor's role; 5. Documentation of employee performance and behavior. B. Employees will be trained and informed of: 1. The health and safety dangers associated with alcohol and drug use; 2. The provisions of this policy through employee meetings and employee orientation. VI. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicants given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and/or illegal drugs. 2. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employment process. 3. An applicant will be provided written notice of this policy, and by signature will be required to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING 1. An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct -evidencing impairment observed 1001%, over a period of time. APPENDIX B 2. An employee who is tested in a "reasonable belief ' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. C. POST- ACCIDENT TESTING 1. Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident,p referably within four (4) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: a. A fatality, personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident; b. Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $500. c. Damage to a City vehicle that is estimated to exceed $2000. 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of p relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by management that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post -accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. D. RANDOM TESTING 1. Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. 2. Sensitive positions are those that require an employee to: a. Carry firearms; b. Have custodial responsibility for illegal drugs; APPENDIX 6 c. Perform emergency medical, lifesaving, and/or fire suppression activities. d. Have supervision over children in the absence of their parents or adult guardians; e. Have access to homes and/or businesses in the City; f. Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury. 3. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. 4. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual's supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. 5. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. 6. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. F. CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. APPENDIX B VII. DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES A. C APPENDIX B Specimen Collection Procedure 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath -testing device (EBT). If an individual is unable to take a breath -test due to a medical condition then a blood test will be administered. Adulteration Or Submission Of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. Testing and Confirmation 1. The cut-off levels for all Non -Dot testing is as follows: Drug Class Screening Confirmation Amphetamine Family 1000 ng/ml 500 ng/ml Cocaine 300 ng/ml 150 ng/ml Phencyclidine (PCP) 25 ng/ml 25 ng/ml Marijuana 50 ng/ml 15 ng/ml Opiates 2000 ng/ml 26 ng/ml 2. The cut-off for alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, and will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. 4. During the time the second test is being conducted, the pre- employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. VIII. TEST RESULT NOTIFICATION A. All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or his/her designee. B. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the APPENDIX B .,-*N medication and the identity of the prescribing physician for verification. If the MRO determines that the positive test result was due to authorized use of prescription medication, he/she will immediately report a negative finding to the Human Resource Director or his/her designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test result, and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or his/her designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. IX. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). XI. CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. XII. CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. APPENDIX B BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for the Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. XIII. DEFINITIONS A. Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. B. Applicant: Any individual tentatively selected for employment with the City. C. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. D. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. E. Drugtesting: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. F. Employee Assistance Program (EAP): A contract -based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. G. Illegal drug: means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so- called designer drugs and look-alike drugs or use of a legal drug not prescribed to the employee. H. Legal drug: means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. ,,..•,� I. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical APPENDIX B training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. J. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. K. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. APPENDIX B Recruit MFD T -Shirts - 5 MFD Workout shorts - 3 MFD Sweat Pants - 2 MFD Baseball Cap -1 Class B Shirt - 1 Work Pants -1 APPENDIX C First Year Firefighter Class B Shirt - 1 Polo Shirts - 3 Work Pants - 2 MFD Baseball Cap - 1 "Job Shirt" Pullover -1 MFD T -Shirts - 3 MFD Workout Shorts - 2 Work Boots -1 Badge - 2 Name Plate - 2 Collar Brass - 2 Belt -1 Third Year Firefighter and Beyond le -11-N Member discretion, but must have appropriate uniform for duty at all times including optional equipment APPENDIX C Second Year Firefighter Class A Complete Uniform -1 set Member discretion, but must have appropriate uniform for duty at all times optional Equipment Winter Coat -1 Leather Suspenders - 1 Leather Duty Helmet -1 Brand - Paul Conway Model # LFH41208 AMERITAGE Collar Brass & Insignia APPENDIX D Issued Firefighting Equipment Flashlight Streamlight Survivor LED AC Fast Charge Turnout Alternation for flashlights Thunder Mountain Tent/Canvas Wire/Cable cutters Klein Tools 63050 Plier Shear Cutters, Mechanical Cutter Webbing — 25' Locking Carabineer Small Vise Grips Leatherman Wave TFT: Res-Q-Rench Folding Spanner Multi Tool Rescue Knife Gerber: Hinderer Firefighter Rescue Knife, Serrated Blade Eye Protection Goggles/Goggle covers Safety Glasses clear or tinted Hand Protection Work Gloves Rope Gloves Available Firefighting Equipment Ear Plugs Knee Pads Door Chocks APPENDIX D Meridian City Council Meeting DATE: Auqust 24, 2010 ITEM NUMBER: 9D PROJECT NUMBER: ITEM TITLE: Planning Department: High Capacity Corridor, Partnership Opportunity MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS August 20, 2010 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: High Capacity Corridor Grant Partnership August 24, 2010 City Council Agenda Item As discussed during the July 13th workshop, COMPASS is compiling several Federal grant applications this summer. One of those grants is a TIGER II Planning Grant. This grant is seeking the funds needed to perform the High Capacity Corridor Alternatives Analysis. Essentially, the grant request is for money to study transportation corridors (Fairview, Franklin, Railroad, I-84 and Overland) and modes (Bus Rapid Transit, Light Rail, Commuter Rail) for future mass transit that would be an alternative to I-84. On Tuesday August 17th, the Boise City Council pledged the required local match of 20% for this grant. Do the Mayor and Council also want to contribute and financially partner with Boise City and COMPASS on this grant? If so, our contribution does not have to include any FYI I funds; pledges for the FY 12 and/or FY 13 are acceptable for this grant. Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 ■ Fax 208-888-6854 . www.meridiancity.org Meridian City Council Meeting DATE: Auqust 24, 2010 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Ordinance No. l0 - RZ 09-002 Crossfield Subdivision: Request for Rezone of 10.13 Acres From R-8 (Medium Density Residential) to TN -R (Traditional Neighborhood Residential) Zone for Crossfield by Pride, LLC Located at the South Side of West Ustick Road and West of North Blairmore Way MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 08110 10:35 AM DEPUTY Use Batl RECORDED—REQUEST OF 110078715 Merldian City CITY OF MERIDIAN ORDINANCE NO. L O BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 09-002 CROSSFIELD SUBDIVISION) FOR THE RE -ZONE OF A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, AND A PORTION OF CROSSFIELD SUBDIVISION NO. Ip AS FILED FOR RECORD IN BOOK 98 OF PLATS AT PAGE 124072 RECORDS OF ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO TN -R (TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Pride, LLC. SECTION 2. That the above-described real property is hereby re -zoned from R-8 (Medium Density Residential District) to TN -R (Traditional Neighborhood Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. RE -ZONE - ANNEXATION — RZ 09-002 CROSSFIELD SUBDIVISION Page 1 of 3 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. 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 2VY'%-day of —� 20 , /0. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ��ofOAZa2L20 /D. ATTEST: !DgXAMMY de WEERD r � � It- __... JAYCEE OLMAN, CI CLERK .% 9Q T ts't RE -ZONE - ANNEXATION — RZ 0940L%% .DIVISION Page 2 of 3 "" STATE OF IDAHO, ) ss: County of Ada ) aot0 On this a Lk day of Aroa v� 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. **owes* Gp, JON •. , gA•, Jtn (SEAL) : k k •:?ATE OF .• N ARV P LIC IDAHO RESIDING AT: churn . (i) MY COMMISSION EXPIRES:,�an y. -)Q1LA RE -ZONE - ANNEXATION — RZ 09-002 CROSSFIELD SUBDIVISION Page 3 of 3 A. Legal Description Description for proposed TNR zone Crossfield Sabd"ion April z, 2009 A parcel of land located in Goverarnent Lot 3 of Section 1, T.3N., R 1W., B.M., and a portion of.Crossfield Subdivision No. 2, as. filed for record in Doak 98 of Fiats at Page 12407, records of Ada County, Idaho, MM particularly described as MOWS: Commencing at the North, 1 /4 comer of said fiction 1,. from which the Northwest corner of said sections bearsNorth 88°42132" Wed, 2662.16 feet; Thence along the north line of said Govecnmeat Lot 3 North 8$°4232" West, 20.010 fid 'to the REAS,. POINT OF BEGINNING. Thence South 00007'34" West, 770.79 feet to a point an the centerline of W. Stanhope Street lying on the East boundary of said Crossfield Subdivision No. 2; Thence along said centarlim North 89014'36" West, 598.88 feet; Thence North OV45°24" East, 316.00: feet to the Northwest corner of said Crossfield Subdivision No. 2, said point Also being on the Easterly boundary of Crossfield Subdivision No. 1, as. filed for record in Boots 97 of Plats at Page 12195, records of Ada County, Idaho, Thence along -the Easwy boundary of said Crossfield Subdivison No. 1: 1'henco North 89014'36" West, 41.663 few Thence North '01"17'28'" East, 196.79 feet; Theme South 88042'32" E694 98:81 feet; Thence North 01 °17'2$" Easty.4.9S feet to a point of curvature; Timm 10.2.14 feet along the arc of a curve to the right, having a radius of 86;00 feet, a central angle of68°t)3'03 and a 1on9:chord bearing North 35'19'01" East, 96.25 feet, Thence North 01017'28" East, 179.12 feet to a point on the north line of said Govermment Lot 3; Thence along said north line South $3042132" East, 475.10 feet to the Point of Beginning. Containing 10.13 agrees„ more or less. MAY 0 20 *WPuBM SUE 90301 NMI-mme doe / t. Exhibit B. Map 35 Mt Z t �I Ism w WAM� S t3E4?'32"E 475.10' OP BE�G� gg 1 4 W. — — _......—_....._,.._�_i PROPOSED CROSSFIELD i SUBDIVISION NO. 4 1 I I ► PROPOSED YNR ZONE ► 10.13 Acres i ----------- 'A ___ 1 17 ni I I I I Gl20 S IEI.ID S B 1VI 10 N, ©. 2 I 1L � E . —.,... Fan m w - I u CUt 1tA0Ill5 ARr. T 9 AL -t1012.14 99.06 �3Y MAY 0.6 M CHOW 96:25 PROPOSED TNR ZONE CROSSFIELD SUBDIVISION IN GOVERNMENT IAT 3, 1. T.3N.. RAW.. BA I. AM cpUNTY. IQ" Cm em N J5'r19`01" E EN6/NEERfH�' SOLUTIONS. 102$ I1. ROSARId ST. SM 100 1�RJ0IA�i. i1L1HO 83642 1+fia�e 12os3 93if-oYlD 1mc (2Defi ase aa+t —4--- - Cl SCALE DWMTE E()4/O2/09bbpRoa.No. SWEET 1 OF 1 Exhibit B u CUt 1tA0Ill5 ARr. T 9 AL -t1012.14 99.06 �3Y MAY 0.6 M CHOW 96:25 PROPOSED TNR ZONE CROSSFIELD SUBDIVISION IN GOVERNMENT IAT 3, 1. T.3N.. RAW.. BA I. AM cpUNTY. IQ" Cm em N J5'r19`01" E EN6/NEERfH�' SOLUTIONS. 102$ I1. ROSARId ST. SM 100 1�RJ0IA�i. i1L1HO 83642 1+fia�e 12os3 93if-oYlD 1mc (2Defi ase aa+t —4--- - Meridian City Council Meeting DATE: August 24, 2010 ITEM NUMBER: 11 A PROJECT NUMBER: ITEM TITLE: Executive Session Per Idaho State Code 67-2345 (1) (f) - To Consider and Advise Its Legal Representatives in Pending Litigation MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS