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2010-09-14 Workshop
E IDIAN~--- ~~a CITY COUNCIL WORKSHOP MEETING AGENDA UPDATED AGENDA Tuesday, September 14, 2010 at 6:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Professional Services Agreement With Gabriel Bishop for Construction of an Additional Two Art Display Cases for Initial Point Gallery for aNot-to-Exceed Amount of $1,600.00 B. Art Purchasing Agreement with Mark Manwaring for Purchase of "Pathways Series No. 1" for Art in Public Spaces for aNot- to-Exceed Amount of $1,500.00 C. Agreement for Independent Contractor Services with Staker & Parson Companies DBA Idaho Sand and Gravel for Waste Water Treatment Plant Northside Paving Project Construction for aNot-To-Exceed Amount of $103,485.00 D. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for Carlton Avenue Water Line Replacement Construction fora Not-To-Exceed Amount of $118,059.00 E. Interface Agency Agreement Between Ada County & City of Meridian for Access to Certain County Computerized Records Meridian City Council Meeting Agenda -Tuesday, September 14, 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. F. Agreement Between Ada County and the City of Meridian for Use of Self-Service Fuel Island 5. 6. G. Interagency Agreement with Ada County Highway District for Roadway Construction and Sewer/Water Line Replacements at the McMillan Road and Locust Grove Road Project H. Ground Lease Agreement for Meridian Senior Center at Kleiner Memorial Park I. First Addendum to Original Agreement Dated August 14, 2008 between the City of Meridian and the Meridian Police Activities League (MPAL) for Development and Joint Use of Heroes Park J. Water Main Easement for Larkspur Subdivision K. Easement for Idaho Power to Gain Access to Underground Electric Lines and the Transformer They Installed as a Part of the Reclaimed Water Booster Station and Reservoir Project L. Sanitary Sewer and Water Main Easement for Oakcreek Subdivision M. Resolution No. 10-741: A Resolution for the Adoption of Meridian Information Technology Policies Community Items/Presentations A. Lakeview Golf Course Update With Erik Oass Items Moved From Consent Agenda 7. Department Reports A. Mayor's Office: Strategic Plan Update B. Legal Department: Discussion on Dog at Large Ordinance C. Legal Department: Discussion on Texting While Driving Ordinance D. Legal Department: Updated Draft and Continued Discussion on Board of Adjustment Ordinance Meridian City Council Meeting Agenda -Tuesday, September 14, 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. E. Planning Department: Transportation Priorities, Transportation Studies and Transportation Projects Overview - Includes a Discussion on Future Roadway and Pedestrian Projects for the City; an Update on the Airport-Overland Alignment Study; and an Update on Construction Projects F. Police Department: Vehicle Donation From City of Meridian to City of Bonners Ferry Approved G. Public Works: Discussion Continued from August 10, 2010: Update on Meridian and Main Split Corridor Phase II H. Public Works: Update on Memorandum of Understanding with Ada County Highway District I. Public Works: Strategic Plan Update J. Public Works: Backflow Prevention Update K. Public Works Department: Approval of Additional Reimbursement for Employee Crystal Green's Tuition Expenses For aNot-to-Exceed Amount of $500.00 Approved Adjourned at 11:47 p.m. Meridian City Council Meeting Agenda -Tuesday, September 14, 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 IDIZ IAN,r ~J CITY COUNCIL WORKSHOP MEETING AGENDA AMENDED AGENDA Tuesday, September 14, 2010 at 6:00 PM (p • ~ ~~ ''fir • 1. Roll-Call Attendance V David Zaremba Brad Hoaglun ~~Charlie Rountree / Keith Bird ~ayor Tammy de Weerd ~2. Pledge of Allegiance '' 3. Adoption of the Agenda d--~~ ~O°°~'~' ~owi~i.~l~ /4. Consent Agenda A. Professional Services Agreement With Gabriel Bishop for Construction of an Additional Two Art Display Cases for Initial Point Gallery for aNot-to-Exceed Amount of $1,600.00 B. Art Purchasing Agreement with Mark Manwaring for Purchase of "Pathways Series No. 1" for Art in Public Spaces for aNot- to-Exceed Amount of $1,500.00 C. Agreement for Independent Contractor Services with Staker & Parson Companies DBA Idaho Sand and Gravel for Waste Water Treatment Plant Northside Paving Project Construction for aNot-To-Exceed Amount of $103,485.00 D. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for Carlton Avenue Water Line Replacement Construction fora Not-To-Exceed Amount of ' $118,059.00 E. Interface Agency Agreement Between Ada County & City of Meridian for Access to Certain County Computerized Records Meridian City Council Meeting Agenda -Tuesday, September 14, 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. F. Agreement Between Ada County and the City of Meridian for Use of Self-Service Fuel Island G. Interagency Agreement with Ada County Highway District for Roadway Construction and Sewer/Water Line Replacements at the McMillan Road and Locust Grove Road Project H. Ground Lease Agreement for Meridian Senior Center at Kleiner Memorial Park I. First Addendum to Original Agreement Dated August 14, 2008 between the City of Meridian and the Meridian Police Activities League (MPAL) for Development and Joint Use of Heroes Park J. Water Main Easement for Larkspur Subdivision K. Easement for Idaho Power to Gain Access to Underground Electric Lines and the Transformer They Installed as a Part of the Reclaimed Water Booster Station and Reservoir Project L. Sanitary Sewer and Water Main Easement for Oakcreek Subdivision M. Resolution No. Proposed # 10-741: A Resolution for the ,, Adoption of Meridian Information Technology Policiers 1 ~ , 5.~ Communit Items/Presentations ~-r~.~ `~~ ~, Lakeview Golf Course Update With Erik Oass Z,~ Ji,/~ ~~..,c_. J~Z 6. Items Moved From Consent Agenda Qu6l~c ,~~~~~~,, ~ . Y ~ c+e,r wawa-mow " ~,'P'" .~o i.~ 7. Department Reports ?, M ~~u,~,~.a.41- S ~n,~vra~- A. Mayor's Office: Strategic Plan Upd t ~ ~ Y'j a-+1- Robert Simison B. Legal Department: Discussion on Dog at Large Ordinance Jeff Lavey/Bill Nary ~t~~~ c ' ~~ ~Q~'-~ / C. Legal Department: Discussion on Texting While Driving Ordinance Jeff Lavey/Bill Nary Meridian City Council Meeting Agenda -Tuesday, September 14, 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. D. Le al Department: U dated Draft and Continued Discussion g p on Board of Adjustment Ordinance Bill Nary `I-~a---~ ~~ IM.>;v~-d- 5>9 E. Planning Department: Transportation Priorities, Transportation Studies and Transportation Projects Overview - Includes aDiscussion on Future Roadway and Pedestrian j Projects for the City; an Update on the Airport-Overland Alignment Study; and an Update on Construction Projects Caleb Hood F. Police Department: Vehicl~,e~vD~onation From ity of Meridian to City of Bonners Ferry G~r I yak '. CIZ- Kg Chief Lavey ~G. Public Works: Discussion Continued from August 10, 2010: Update on Meridian and Main Split Corridor Phase II Tim Curns and Adam Zaragoza (ACRD Project Manager) ~H. Public Works: Update on Memorandum of Understanding with Ada County Highway District Tim Curns V I. Public Works: Strategic Plan Update Tom Barry J. Public Works: Backflow Prevention Update Rich Dees ~,c-v-e.c~-~ 58 ~ ~ d^'~ '~~'~ K. Public Works Department: Approval of Additional ', Reimbursement for Employee Crystal Green's Tuition Expenses For aNot-to-Exceed Amount of $500.00 Clint Dolsby/Rich Dees ~~3~~~ D~~BN `~ ~~ t~-r Saco ~c~-e--• `~" J ~~~ ~ ~ Sgt G-z Meridian City Council Meeting Agenda -Tuesday, September 14, 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. Meridian City Council Workshop Meeting September 14, 2010. A Council meeting of the Meridian City Council was called to order at 6:08 p.m., Tuesday, September 14, 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, Scott Colaianni, Mark Niemeyer, Jeff Lavey, Tom Barry, Warren Stewart, Tim Curns, 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: We will go ahead and start tonight's meeting. Thank you for joining us this evening. It's nice to see a group of people in those chairs. So, thank you. For the record, it is Tuesday, September 14th. It's eight minutes after 6:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance de Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda de Weerd: Item No. 3 is adoption of the agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: A couple things on the agenda before we adopt it. Under 4-M, this is the Consent Agenda, that resolution number is 10-741. Also under Item 5, Community Items slash Presentations, we would like to move 7-J, the Public Works update on the back flow prevention, move it to the first -- make it 5-A, if you will, and the Lakeview Golf Course update will be following that. And with those changes, Madam Mayor, I move adoption of tonight's agenda. Rountree: Second. Meridian City Council Workshop September 14, 2010 Page 2 of 102 Zaremba: Second. de Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Professional Services Agreement With Gabriel Bishop for Construction of an Additional Two Art Display Cases for Initial Point Gallery for aNot-to-Exceed Amount of $1,600.00 B. Art Purchasing Agreement with Mark Manwaring for Purchase of "Pathways Series No. 1"for Art in Public Spaces for a Notto-Exceed Amount of $1,500.00 C. Agreement for Independent Contractor Services with Staker & Parson Companies DBA Idaho Sand and Gravel for Waste Water Treatment Plant Northside Paving Project Construction for aNot-To-Exceed Amount of $103,485.00 D. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for Carlton Avenue Water Line Replacement Construction for aNot-To-Exceed Amount of $118,059.00 E. Interface Agency Agreement Between Ada County & City of Meridian for Access to Certain County Computerized Records F. Agreement Between Ada County and the City of Meridian for Use of Self-Service Fuel Island G. Interagency Agreement with Ada County Highway District for Roadway Construction and Sewer/Water Line Replacements at the McMillan Road and Locust Grove Road Project H. Ground Lease Agreement for Meridian Senior Center at Kleiner Memorial Park I. First Addendum to Original Agreement Dated August 14, 2008 between the City of Meridian and the Meridian Police Activities League (MPAL) for Development and Joint Use of Heroes Park J. Water Main Easement for Larkspur Subdivision Meridian City Council Workshop September 14, 2010 Page 3 of 102 K. Easement for Idaho Power to Gain Access to Underground Electric Lines and the Transformer They Installed as a Part of the Reclaimed Water Booster Station and Reservoir Project L. Sanitary Sewer and Water Main Easement for Oakcreek Subdivision M. Resolution No. 10-741: A Resolution for the Adoption of Meridian Information Technology Policies de Weerd: Item 4 is our Consent Agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: As I noted under the Consent Agenda, 4-M is resolution number 10-741 and with that I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Zaremba: Second. de Weerd: I have a motion and a second to approve the Consent Agenda with the stated resolution number. If is there no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Under five, Community Items/Presentations. I will turn this over to Mr. Barry. We have our Public Works backflow prevention update. Barry: Madam Mayor, I just wanted to inform you with this change we are unable to give this presentation at the current moment. Mr. Dees is caught in traffic. He's got the presentation, so if we could delay it just a few more items in the agenda, we will be prepared here in about ten minutes to give the presentation. So, I apologize for the inconvenience, but we don't have that currently in our possession at this time. We got through to 5-A pretty quick, so - Item 7: Department Reports D. Legal Department: Updated Draft and Continued Discussion on Board of Adjustment Ordinance Meridian City Council Workshop September 14, 2010 Page 4 of 102 de Weerd: We did. We are efficient, Mr. Barry. Well, let's see. Since I don't see the chief here, I'm sure he thought he was a little bit further down on the agenda as well. will go ahead and take chair's privilege and move to 7-D under our Legal Department and we can have a quick discussion about the board of adjustments ordinance. Nary: Thank you, Madam Mayor, Members of the Council. In your packets is a proposed ordinance labeled the board of adjustment. We had a previous discussion about this a couple of months ago at a workshop. Basically, the intent is to take what was currently under our city code as referred to as the board of appraisers. And the board of appraisers right now only hears disputes over people's water bills on what the -- on the billing, not on whether it's shut off, and the desire here was to create a board with a different makeup of individuals, but it would hear, essentially, anything that we could locate in the city code that a person could appeal ultimately to the Council, we would have this board as the interim step and, then, the Council would still be an appellate body, but instead of appealing it to have a brand new hearing, the Council would only, basically, review the record of what was presented to, basically, assure that the board follow whatever evidence was in front of it, had enough information in front of it to be able to make the decision that it did and it would require the posting of some -- of, basically, whatever the requirement they were supposed to pay. But we -- the last time we talked about it we really had the board of appraisers current charge, which was the water disputes, as well as shut-offs. We have added -- since, then, there is another area in the code where you can dispute whether or not you can have service, there is a provision that the utility billing could deny service if you have an outstanding bill, if they get denied and they want to appeal that, they could appeal that to this board. Most of the other stuff is pretty standard language, but those are the things that have been added since you have seen this previously. I think that's the only -- only change from previous. So, if you have specific questions or concerns, otherwise, we can put it on a future agenda for approval, if that's your desire. de Weerd: Thank you, Mr. Nary. Council, any questions? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I may have misunderstood, but did you say that they would be the appellate body for all state code -- all city codes or just things relating to water? Nary: Things related to -- essentially to the water services -- Zaremba: And billing services. Nary: And billings, yes. Zaremba: Okay. So, not Planning and Zoning and -- Meridian City Council Workshop September 14, 2010 Page 5 of 102 Nary: No. Zaremba: Okay. Thank you. de Weerd: Council, any further questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: And, Mr. Nary, I want to be certain. So, when -- if they take something to the board of adjustment and they are not satisfied with the decision, they can appeal that decision to the City Council and could you explain, once again -- I want to be sure I understand that, what -- is it just the facts of that issue or -- Nary: Council Member Hoaglun, what the -- what the current ordinance -- the way the current -- this current ordinance is drafted, the person can appeal, but they have got a couple of things they are going to have to do to do that. One, they are going to have to post the amount of money that they were required to pay. So, for example, it was a dispute over their water bill -- over the amount of water they are charged for, they are going to have to post whatever the board requires them to pay, if it's all of it, part of it, or whatever, the amount that's settled by the board, they have to post that amount to be able to appeal. Then, the appeal by the Council, rather than a new hearing, the appeal by the Council is to review the material and the information that was presented to the board and for the Council to be assured that the board based it on the evidence that was -- based in front of them, based on what the city code requires, but not to have a brand new hearing. We felt it -- right now the board of appraisers, the way it's set up, it's the final decision maker, it doesn't even have the ability to appeal to the Council. We felt an appeal to the Council makes sense, but -- but not to have a brand new hearing and of that, but, really, for the Council simply to review the information that was presented, what the city code is, what the facts that were presented by -- to the board and, then, the Council could decide that the board either acted within the scope of the ordinance. If not, the Council can adjust it. Hoaglun: Follow-up, Madam Mayor? de Weerd: Yes. Hoaglun: Mr. Nary, then, does that person have -- will he be addressing the Council and, then, saying why he felt that they still dispute the finding of the board; is that -- Nary: Yes. Hoaglun: Okay. Nary: Yes, they can still do that. Meridian City Council Workshop September 14, 2010 Page 6 of 102 Hoaglun: Okay. Nary: And to answer Council Member Zaremba's question earlier, basically, in 9-1-17 it lists the specific things that can -- that can be heard by the board of adjustments and that's water user accounts or statements, permits, related to that, shut-off services, assessment fees, monthly service charges -- so everything, really, related to water and the billing. Zaremba: Thank you. I was just clarifying, because your verbal statement sounded much more broad than that. Nary: Oh. Sorry. Zaremba: Thank you. de Weerd: Anything further? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Bill, do you need a motion to advance this or just -- Nary: I don't need a motion currently. If your desire is we can put it on a future agenda for your approval. Rountree: That would be my desire. Nary: Okay. Bird: Be mine. Hoaglun: Same here. Nary: Thank you. Zaremba: Thank you. Item 5: Community Items/Presentations A. Lakeview Golf Course Update With Erik Oass de Weerd: Okay. Seeing that Lakeview Golf Course is present in full, I will go ahead and move to Item 5-A under Community Items/Presentation and we will hear Lakeview Golf Course update right now and welcome Erik and his team. Meridian City Council Workshop September 14, 2010 Page 7 of 102 Oaas: Madam Mayor, City Council, Erik -- I'm Erik Oaas, 314 West Front, Boise, Idaho. And I'd like to introduce Jerry Breaux and Clint Travis with Raven Golf Services, who I will get to in -- in my presentation for all of those who do not know why they are here. Lakeview Golf Course -- we appreciate you inviting us to speak with you tonight. This -- this is sort of our annual update to City Council and the City of Meridian with regard to the golf course and where things are at and where things are going. So, if we have it on the first -- on the screen here is -- I guess I will just tell you to advance or -- Canning: You can do it up there if you want or I can do it for you. Oaas: Oh, can I? Oh. Okay. Just -- okay. So, Lakeview Golf Course, a work in progress or a labor of love. A lot of times we ask ourselves that very question, because there are days that we -- we fully understand that it is a work in progress, but there are other days that you say, you know, if you don't love this game, if you don't love this sport, if you don't love the -- you know, the game of golf, then -- then you're barking up the wrong tree. What have you done in the last five years. Well, we can go through this pretty quickly, but, obviously, we rebuilt the clubhouse into a nice friendly bar and restaurant. We constructed a maintenance building. As you know, there were three greens, one, six and seven that were entirely reconstructed and we are very -- very proud of the way they turned out. We have also made a number of modifications on a number of the holes with regard to the traps. Expanded the lakes in a couple of cases. And our most recent change is cleaning up the area around the number one tee and converting that into -- to a professional tee box that will only be used in very a limited number of circumstances. So, what are the operational changes that we have made this year? Well, one of the biggest and most important I think is that in the past Dick Davis has been here and made the report to you with regard to the golf course, but Dick Davis at this point is no longer involved in the ownership of the Lakeview Meridian Investors, which is the lessor of the golf course with the City of Meridian. All financial reporting is handled by an outside firm as of January 1st, 2010, and we are very pleased with the level of controls and operational efficiencies that we are in the process of working on and establishing. Second and probably equally important is that we hired Raven Golf Services, who is an extremely well respected, well renowned golf course management company here in -- based here in Boise and they manage courses throughout all of southern and even over into eastern Idaho and I'd -- I'd like to introduce Jerry Breaux and Clint Travis and I will ask them to speak with you about, you know, sort of their perception of the golf course and some of the things that they see and , then, I will continue on with my presentation. So, Jerry or Clint. Breaux: Thank you. Well, I -- we went to work for Erik and Steve in April and it was not without its challenges. There were significant changes that needed to be made and we just jumped right in and tried to tackle as many issues as we could and we have -- we have tried to survive with Erik and it's been -- it's been atough -- tough little test, but we think the golf course is -- you know, the golf course has gotten better through -- since we got there and we haven't been able to make too many changes. Changes cost money and one of the things that the golf course doesn't have right now is a lot of extra Meridian City Council Workshop September 14, 2010 Page 8 of 102 money. We have tried to -- tried to streamline the employees. Unfortunately, we couldn't keep all the employees that were there when we got there. We did keep quite a few of them. I can't remember how many, but we did keep quite a few of them. But we hired a couple other people. We have the first lady golf professional in Idaho that's our head professional, Kali Quick. Rich Rush, who actually worked for Clint at Hillcrest Country Club for a few years was already the golf course superintendent and he does a wonderful job. So, he kind of took over -- or continued those reigns. So, it -- it's had its challenges, but it's been -- it's been very interesting for us and we certainly enjoy it out there. So, I'll let my partner Clint Travis add some stuff. Travis: Well, I think the two things that jump out to me at Lakeview is just that. I think the staff is excellent. I mean I think that we -- the vast majority of the staff stayed in place. We instituted a few operational changes, trying to get a little more efficient and -- but that's there right now we -- I think we are extremely proud of them and it's just a very hard working group. I mean you can always get better and I know they are always trying to be and we are trying to make them better as well. But we think the staff is just a home run and the other thing that really struck me is just the clientele. You know, there is a real sense of ownership with the clientele out there. I mean our customers really feel like they are a part of Lakeview and that's one thing I think that stuck out the first day is there is definitely a sense of ownership here and that was -- you know, that was nice. I mean we are glad that -- there was a tournament last week where, you know, they raised a significant amount of money to put into the golf course and you don't always see that. So, yeah, there is a lot of enthusiasm at Lakeview and that's pretty contagious. So, I think that's the two things that really jumped out at me is the staff and the customers. Oaas: Thank you, Jerry and Clint. We -- in the presentation I will open it up for questions and answers and you can direct questions to me or either of these two fine gentlemen. I will just say one -- one other thing with regard to Raven and I am extremely impressed with their professionalism, I'm impressed with their work ethic and I'm impressed with the quality of people and the way that they manage their company and the way that they are managing this asset of the City of Meridian, I think we all can be very proud of what they are doing and I'm extremely impressed with them. What are our current challenges? Well, as we all know, golf course play across the valley and nationally has declined this year due to the -- this year and to some extent last year due to the state of the economy. Secondly, we have some -- what I would classify as legacy financial issues with regard to, you know, some of the past operational issues that took place at the golf course before we were heavily involved that we are working to recover from, but suffice it to say that they are significant and we are working our way through them. Third, the irrigation system inadequacy I think continues to cause operational problems. We are getting overwatering in some spots and we continue to fight with dry spots and have to hand water those areas. As we all know, we have talked about before, the cost to place the irrigation system is estimated at somewhere between a half million to a million. And, then, finally, the cart paths right now are in just a significant state of disrepair, which is -- which causes a number of problems, in addition to wear and tear on the equipment, it always causes people to avoid driving on the cart paths, Meridian City Council Workshop September 14, 2010 Page 9 of 102 which causes, you know, more problems with maintaining the turf, et cetera. Current -- what are our current opportunities? Well, what I see is probably the most significant asset and opportunity with the golf course is the loyalty of the golfers who golf at Lakeview. I have had an opportunity this year to spend a considerable amount of time getting to know people. Probably things that I should have done in a much greater way over the last five years, but -- but I will say that -- that the -- that the loyalty and the interest level of the people who golf at Lakeview is absolutely incredible. This past week alone, as Jerry Breaux mentioned, the men's -women's association conducted a fundraising -- or a course improvement tournament and raised over five thousand dollars that will go directly back into the golf course and we will talk a little bit more about where that money is going to go. Second major opportunity areas is, of course, maintenance. Now -- and I underline here it's excellent and I mean that most definitely. We -- we have undergone some significant cost reductions in the labor maintenance area and I would suffice it to say that -- that it's -- even though the -- the number of employees that we have working there is down, the -- certainly the maintenance level and the course condition we believe are excellent. We have -- and we have already fertilized the course once this season. Additional opportunities the golf course has. The equipment -- there are a number of equipment leases that are nearing completion, which is good and bad, but the good part of it is that those payments are going away, the bad part is that, you know, there is a fair amount of that equipment that's -- you know, that's seen better days. And, then, final opportunity that I see in the future is -- is working with the City of Meridian to use its -- or a portion of its reclaimed water, I'm sure you are all well aware of how much water your wastewater treatment plant generates on a regular basis and the fact that -- that -- that there is an excess amount of this, we think the golf course is just an absolutely perfect user of reclaimed water and not only here, but that's happening all over the country. The challenge for us is -- is how do we fund -- you know, in the golf course how do we fund the cost to implement this system and we have got some ideas and we will be continuing to work on that and talk to you more about that later. The next area is what are our capital improvements plan. I mean we have an obligation, as you know through our lease with the City of Meridian, to continually provide capital improvement for the golf course and, you know, we are pleased with -- very pleased with -- with what we have done so far, but, you know, to be absolutely brutally honest in light of the economic conditions and challenges from a -- from afinancial standpoint, it's extremely difficult for us to -- for us to maintain the kind of capital improvements plan that we had been working on on the golf course over the last five years, because as -- you know, as Clint Travis said, you know, the dollars just aren't there and -- and I -- from our perspective, what we would like to do is -- is as -- as your stewards of this incredible asset we would like to propose and we are -- we are not looking for an answer this evening, but -- but we would like to propose that -- that the -- that we enter into a -- some discussions about a way of deferring the lease payments for a five year period and with -- with several conditions. First, that you need to be comfortable that we are continuing to maintain the golf course to a very high standard, that the -- that it's being -- maintenance is being taken care of, fertilization, water and those -- you know, those basic aspects. But the level of -- the standard of excellence think that we have -- we have established for the golf course, you as the owners are certainly going to be -- want to be assured that it's going to continue. Second, that we Meridian City Council Workshop September 14, 2010 Page 10 of 102 would commit to fertilize the golf course at least -- at least once a year. We really would like to -- to work to get that second fertilization in in the fall before things go dormant. Third, we would like to commit to you that all the cart paths will be repaired, you know, prior to the end of next -- next year. The dollars that were -- that were raised through the capital course improvement tournament this week will go directly into this -- this critical key -- this key critical area and I think we are all -- we, as the -- we as the lessor, all of the people who golf there, are -- are very much in support of that. That is the number one issue. And, then, four, that we would propose to you that -- that we would maintain to come before you on an annual basis and go through where the course is, where things are going, and make sure that you, as the owners of the golf course, are comfortable with its direction. Before -- before lopen -- open it up for questions and comments, I just on behalf of -- of the golf course, all of its patrons and employees, the contractors, suppliers, and owners, we thank you, City Council and Madam Mayor, for your support of this -- what we consider to be a wonderful community asset. We believe that we -- we have done some very good things for you in the last five years and we mostly certainly want to see this continue, in spite of the fact that the economy right now is -- is making it tougher to do on the timeline that we had originally established. With that I will open it up for questions. de Weerd: Thank you. Council, questions? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I will start with the first one I have on my list here. Erik, what do you see happening with the fees and the fee structure? Oaas: Avery good question, Council Rountree. We believe that there were some -- some mistakes made with pricing with regard to some special promotional programs that were instituted last year -- not in just last year, but the prior couple of years. We are in the process of reevaluating all of those. We believe that there is some changes that need to be made to both the special promotional passes, but also we believe that we want to take a look at -- at the green fees in general and in some cases we think they might need to come up a little bit, in others we believe they might need to come down. So, overall we are -- we are evaluating everything. We are not planning -- guess the -- without -- until we really get into the detail there and really figure out how this needs to happen, I would tell you that we have no intention whatsoever of making any -- any kind of substantial increases. It just is not warranted. Rountree: You mentioned equipment leases. What equipment is that? Oaas: The equipment leases that I'm referring to are for mowers, for trimming equipment, for golf carts and any of the ancillary -- generally the ancillary equipment involved in maintaining the golf course. Not -- I guess I would differentiate that from the restaurant, clubhouse activities. Meridian City Council Workshop September 14, 2010 Page 11 of 102 Rountree: Okay. What -- what's the future of the clubhouse activities? Status quo or are you looking at what you have got and going to be making changes? What's going to happen there? Oaas: Councilman Rountree, the -- with regard -- with regard to the clubhouse activities, we believe that -- that there is -- it's very interesting in that -- in that the Lakeview clientele -- this is a -- this is a family and people like coming there and socializing. They like coming there and getting a reasonably priced meal and it's not a typical fast food type restaurant that you're in and you're out. People are -- people are coming there and patronizing the facility, because -- because of its atmosphere. We have no intention whatsoever to change that atmosphere. That's what makes Lakeview successful. That doesn't necessarily mean that -- that -- and we already have made a number of changes with regard to -- to the menu and -- in terms of -- of being, I guess, more fiscally responsible in terms of food management, but, overall, we intend to keep the restaurant open. We intend to keep the -- you know, the bar open and we intend most definitely to the keep the same kind of atmosphere, but there will continue to be tweaks in -- in terms of what works and what doesn't work. Rountree: You have asked in the capital improvements area for the city to step back, if you will. You mentioned a couple things, primarily maintenance activities. I would point you to Exhibit F of the current lease and there is a number of things that I don't know, necessarily, are going on that -- that have been committed to. You only addressed one of those and that was the fertilization of the fairways. The lease maintenance schedule indicates that that would be done three times a year, you're only suggesting one time a year. Are there other changes that would occur to Exhibit F? It's fairly expensive and it's quite a checklist, so -- Oaas: Councilman Rountree, I -- yes. To answer your question directly I think that there -- in light of -- of where things are at from an economic standpoint, I do -- I do think we need to go through that in detail and -- rather than -- rather than arbitrarily tell you, you know, right here and now what needs to be changed, I would like to talk -- consult with the experts here standing behind me and, you know, come back to you, as we discussed the -- you know, the overall proposal, I'm more than willing to take that as an action item and -- because, again, I don't expect the decisions to be made here this evening. Rountree: Well, I would suggest that that -- that's going to have to be done. However we move forward with the lease we have to get the lease in line with what's possible out there. We can't -- we can't have the document this way or if we keep it this way, then, we got to figure out how to step up and accomplish it. I don't recall, but I don't know that the lease has ever been changed with Dick as the signatory and I think that needs to be taken care of. There is also the issue of the fees that you brought up. In addition to the fee -- the lease fee, there is also the irrigation fee that's been in arrears that's been sent -- billed to the city and sent to the leasee I don't see any of that being addressed in your comments. There are a number of things that need to be worked through, Erik, and Meridian City Council Workshop September 14, 2010 Page 12 of 102 certainly we all want to have a successful golf course and there is a number of us up here, as well as I see a number of folks in the audience, that have an investment in the golf course as well. So, we need to sit down and we need to work through the language of the lease and if changes need to be made, then, we need to do that in the proper process. I appreciate your comments and I think you -- you have dealt yourself a really bad hand. I think I already told you that once. But we will work through it -- at least I'm willing to work through it and see where we can go with this. But there is just a number of things that -- they are my expectations because they are contractually in this lease between the city and you and if they just, quite frankly, can't be accomplished, let's talk about it and let's get it aired and move on. Oaas: Councilman Rountree, we appreciate your comments and, you know, you -- I guess I would propose that -- that we establish whether there is -- there is someone for the City Council that wants to sit down with regard to -- or with Ted Baird and myself and, you know, we -- I'm more than willing to do that. I think that might make the most sense. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Excuse me. I agree with everything Charlie has said and I'd like to add that maybe the lease agreement needs to be updated and when we put expectations out there and they are public -- they are public knowledge and stuff, the patrons expect them to be done and they are not getting done, you know, I think that's something that maybe there was too many expectations. Maybe not enough. Maybe not the right way. And, Erik, how long is your agreement with Raven right now? Oaas: Councilman Bird, it is an annually renewable agreement. Bird: Okay. Just for one year, then? Oaas: Yes. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I, too, appreciate the previous questions that have been asked and your answers. To pursue one of them a little farther, you have mentioned that you were thinking of asking that the annual fees be waived for an additional five years and that the capital improvements program be -- I forget the word. Probably waived. I just want to clarify that one. The expectations that were in the current lease, a number of things were supposed to have happened by now, some which have not. Are you asking that you have another five years the complete them or are you asking not to do any of them and start them again five years from now? Meridian City Council Workshop September 14, 2010 Page 13 of 102 Oaas: Council Zaremba, I thank you for your question. I believe that -- that it's sort of a combination of both. I think -- I think to Councilman Rountree's point I think we need to go through the whole list and determine what it is -- what it is on that list that really should be maintained on an ongoing basis and what we need to continue to work on and what on that list makes more sense to look at a deferral. So, it's -- it's probably a combination of both and to the tell you that -- that we are looking to waive everything for five years is -- is not accurate. That's not what we are asking for. We are just asking to go back and reset the expectations, you know, in a manner that -- that makes sense given the current circumstances. Zaremba: Thank you. de Weerd: Well, Council, what I would like to recommend is taking off what Councilman Rountree and Erik have kind of stated somewhat, I would suggest convening a focus group to review the current lease, what is being done, what isn't being done, put together priorities on some of the attachments to the lease in regards to Exhibit D and F and I would suggest that it would be Ted from our legal department, Councilman Rountree representing the City Council -- Rountree: Thank you, Mayor. de Weerd: I love to assign Mr. Rountree. Steve from our parks department, since they do have some responsibility to the annual review and a citizen or neighbor from the golf course that lives in that vicinity to have maybe the eyes on the course and have the citizen perspective to that. Does that seem feasible to Council? That way we can air everything and when it has got back to City Council there can be a recommendation that is put together collectively. Zaremba: Madam Mayor? de Weerd: And if you can't agree we will know what those areas of disagreement are. Mr. Zaremba. Zaremba: That sounds good to me and I appreciate you offering Councilman Rountree to be the Council's representative. I was going to suggest -- Rountree: You're a sweetheart, David. Zaremba: I was going to suggest, as you did, that there be a citizen representative or two, but I was going to -- let me just ask should that be somebody who holds an annual pass at the golf course, probably, so that they are somewhat familiar with the operations and not just a random citizen? de Weerd: I, actually, didn't have anyone in mind. I wasn't going to delegate out in our -- our admirers out in the audience, but I thought we would probably get maybe a Meridian City Council Workshop September 14, 2010 Page 14 of 102 recommendation or a volunteer. I'm sure we can come up with someone collectively. If not, I'm willing to assign. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I'd just suggest that possibly expanding the group a bit more. I think David's suggestion in terms of somebody who is invested in the the golf course on an annual basis, a season pass holder, might be a good representative. I would think a president of one of the homeowner's associations that abuts the golf course would be another addition and I know we don't want to get these things too big, but at this point we aren't terribly large in size and I would also like to suggest that someone from Public Works, because we do have an irrigation and we do have vision for use of reclaimed water out at the golf course at some point in time and it's not too early now to start talking about it. Rich is over there shaking his head, so -- and I'm not sure it's going to be Rich, but somebody over there. de Weerd: We are willing to assign. And I -- we would like to take public comment. know there is a number of citizens that are here to listen to this and I would invite comment as well. So, perhaps we could call you back up and get your thoughts and responses at the tail end of that. Oaas: Madam Mayor, just -- maybe just a point of understanding or clarification in my own mind. I just want to make sure that from an expectation standpoint that we are -- that, again, we are all very very clear. As the -- as the lessor of your asset we have -- you know, we have no problem at all taking guidance and input from you as the owner in terms of decision making with regard to the golf course and, you know, we need to be a little careful about -- about sort of making this a -- a -- I'm just a little concerned about where the authority -- or who has the authority with regard to this focus group. Is it -- is it an informative focus group to just gather ideas? Because from a legal perspective we have some very -- very specific legal obligations that it's important that I work with the legal staff one on one and I'm a little concerned about -- about throwing everything in the mix here where it just really doesn't -- doesn't make sense. de Weerd: Well, I will be frank. We have an agreement and it's legally bound. It is a public asset and so the public's involvement is, to me, mandatory and so because I think it's important to have the city -- the stake holders and certainly the -- the owners of the lease, I think it's important to work in collaboration and find where there is common ground to looking at some flexibility with the lease and what you presented today and wanting to come and ask to be deferred or -- or forgiven. I'm not sure what. But I think it's fair to have that conversation with stake holders at the table. At this point you have a lease that you're legally bound to and it looks like some of that is not being adhered to. So, those are discussions that we need to have and I would rather do it in the spirit of collaboration that -- instead of this is what you're legally bound to. We all understand the economic situation out there. We all understand the asset that it is. And we all Meridian City Council Workshop September 14, 2010 Page 15 of 102 understand the improvements that have been made. I think we all have the end goal as similar and I think it will be a civil discussion. Oaas: Madam Mayor, I appreciate that and I -- I think that -- that all of the patrons here would be the first to tell you that I sit down with -- with these folks on a regular basis and there is a real spirit of collaboration. So, all I'm saying is I have no problem with the collaborative aspect of a focus group. With regard to the decisions that are involved in our obligations under the lease, that's between the city and us. de Weerd: That's correct. But, again, I will say this is a public asset and so involving stake holders is the right thing in my opinion and I think the dialogue is important. In the end it's your -- your decision and it's the City Council's decision. So, we will invite the public comment and, then, I will ask for wrap up remarks. Oaas: Okay. Thank you. de Weerd: Thank you. Hoaglun: Madam Mayor, just to clarify for public comment, they heard that, you know, you like to appoint people. Now, you're not going to hold it against them if they really make good comments that they might get appointed. Just to clarify. de Weerd: I won't make any promises. Certainly we want to hear from you and if there is members of the public who would like to make any comments or suggest questions, we will certainly like to hear from you. Yes, sir. Yes, please. And for the public record if you will just state your name and address. Jones: I'm Richard Jones and I live in James Place in Meridian. Do you want the address? de Weerd: Yes, please. Jones: 4487 West Bunker Lane. de Weerd: Thank you. Jones: And this has very little to do with it, but I happen to be on the homeowners board at James Place and I will volunteer somebody's name. Larry Freeman. He is the president of the homeowners association. He's a very active golfer at Lakeview. He's very professional and it would be a real asset to the community and I -- I'm not going to make any comments. As a golfer out there I have seen what's happened to the golf course and I think the Mayor's idea is great to have other input, because at this point we all know it's been run I think very mediocre and I'm being kind when I say that. But I think Larry Freeman would be a name to be considered. He has also helped the community -- the homeowners association out there with their organization, so he's Meridian City Council Workshop September 14, 2010 Page 16 of 102 done a lot for that community. Plus he and his wife both are very active golfers there. And I thank you very much. de Weerd: Thank you, Mr. Jones. Any other comment? Yes, sir. If you will, please, state your name and address for the record. Shane: My name is Jim Shane. I live at 4153 West Harbor Point Drive. de Weerd: Thank you. Shane: Basically right on the first tee. I think that the residents who live on the course recognize the improvements and the efforts that are being made and understand the economy, as has already been said here. But the thing that concerns me about the presentation also asking for a five year release of any responsibility for payments to the city or any improvements, faced with the fact that there is already a bunch of improvements that haven't been done. What I would suggest is that we look at maybe one year reviews and consider situations where at the end of each year we can look at a P&L statement or look and see what -- there is a lot of gossip going around among the people that live at the course and play their regularly, as I and my family -- I have got a brother that lives on the 6th Fairway, a brother that lives on the 8th Fairview and we are at the clubhouse all the time and we are -- in the tournaments -- we played in the course improvement tournament, so we talked to a lot of the other people that live there and the sort of gossip going around is that a lot of the money that was put into the golf course at the first part of the year when it was the former management group with Erik, specifically in the promotional cards that are referred to, did not ever get into the coffers of the course and however that happened, if it did happen, you know, it's none of our business, but what I would ask is if the number of people who played on those cards would have paid and they had the revenue, would they be profitable now and if that level of play continues next year would they be here standing asking for this release of responsibility for making the improvements or doing the things that are on the lease. So, I think that there is some things that should be reviewed relative to where did the money go or if it's gone would they have made a profit with the play level at which level it is now, because I think the fact that the money is gone is not the responsibility of the people who play the game, it's the responsibility of the management team at the time when the money was brought in. I don't know where it went, but it's gone. So, I think there is some -- some looks at can the course be profitable at the current play level and does it warrant a full five year release of responsibility of anymore improvements. de Weerd: And, Mr. Shane, I appreciate your statements. I will say that -- that as Mr. Oaas pointed out, there -- there is a contract between the leasor and the leasee and there are things that the city is privy to and I think a lot of that is confidential, but I agree that -- and that is why I have recommended some neighbors or citizens to be part of this, because as we move forward it's going to be important that we are all on the same page and we can't go back, but we can certainly look at today and moving forward and that's important. Meridian City Council Workshop September 14, 2010 Page 17 of 102 Shane: I agree. All of the things that may or may not have happened and whether it's gossip or truth, nobody needs to know or it's not for us to know the problem, but the point is if, in fact, the level of play at the current level of play the course can be profitable, then, it wouldn't warrant a five year release of responsibility to do anymore improvements and if the fact that they are financially strapped now goes beyond the fact that there is a slow down because of the economy, is because some of the money was lost through other reasons, then, I think that that -- that request has to be reviewed on that light. de Weerd: Thank you. Shane: Thank you. de Weerd: Additional comments? We appreciate the neighbors interest. Yes, Mr. Borton. Thank you for volunteering. If there is no further questions, then -- and, certainly, I know we are -- many of us are neighbors, so if you have questions don't hesitate to ask and we will post on our website who this focus group would be, so you also have a point of contact to bring your questions, concerns, or suggestions to and Mr. Oaas or Jerry or Clint, if you'd like to make final comments I'd invite you up. And if in case anyone was wondering, my pool is private, it's not the public course's pool. Since someone asked me that boldly earlier. But, yeah, maybe I'll have a pool party. That's for Mr. Borton. Thank you, Erik. Oaas: Madam Mayor, City Council, we really appreciate you letting us appear before you tonight and talk about the issues of the golf course and we look forward to continuing these discussions. Thank you. de Weerd: Thank you. We appreciate you being here this evening and, Council, I don't know how you want to go about -- there is a couple of volunteers or names. I would like to know if you'd like to make a decision tonight or we can take it under advisement and discuss it at our next meeting. Rountree: Madam Mayor, it's great that we have volunteers. I would suggest that you give it a few more days and see who else might be interested and, then, figure out some lottery system to pick between the two who have already volunteered to take the two spots. de Weerd: I think one was volunteered. Rountree: Yeah. Yeah. We would want to hear from the individual. de Weerd: So, I guess I would put that out to the neighbors. If you have an interest in volunteering or, who knows, you might be volunteered like Mr. Jones volunteered Mr. Freeman, certainly please let us know and we are easy to reach. You can go onto our website or pick up the phone, either way is -- works fine. Let us know if you have an Meridian City Council Workshop September 14, 2010 Page 18 of 102 interest in serving and we will -- we will tell you who those slots will be assigned to and certainly appreciate Jerry, Clint, and Erik for your presence here tonight as well. Oaas: Thank you. Item 7: Department Reports J. Public Works: Backflow Prevention Update de Weerd: Thank you. And thank you to the neighbors. Okay. With that said we will move to the next community item presentation, which was moved forward from 7-J under Public Works, backflow prevention update, and I will turn this over to Mr. Dees. Dees: Madam Mayor, Members of the Council, we will wait a second until they get the computer up. At the onset -- there it is. At the onset I want to says thanks again to the folks from the homeowners associations. We had another meeting and they did turn up and gave us some great suggestions on several -- several items. Some of them are here this evening. I certainly want to -- I appreciate them coming to talk to us and entering into a dialogue with this -- with this situation. de Weerd: Can you hear? Dees: No? de Weerd: No. Dees: Maybe if I got closer to it. How is that? Sorry. de Weerd: Thank you, Rich. Dees: Okay. Is that better? We are going to talk about the same things that we did a few weeks ago. It's -- we brought it back to you was the water quality presentation about backflow prevention. Tom, your clicker is not -- oh, I have to turn it on. Sorry. Technology. There we go. This is the same goals we had last time, the same goals that we showed you a few weeks ago. We want to provide clean, safe drinking water to our citizens. That's the short -- the long and the short of it. Our reimbursement recommendation was on the 14th, 8/14,2010. We broke the presentation out into two sections, as you recall. First of all, the backflow reimbursement program -- our recommendations on 8/14/2010, we recommended that they be ended and that we recommended also that we hold a public hearing to talk about the reimbursement program, especially with the folks who are the backflow -- backflow preventer providers, if you will, the testers. Regarding dual connections, our goals were certainly to reduce the probability of introducing constituents into our system that cause water borne illness. That was a big deal for us. We want to keep our water as clean and as pristine as we possibly possibly can and we think dual connections areaway into our system, which we would like to eliminate. These were our recommendations on August the 10th. We Meridian City Council Workshop September 14, 2010 Page 19 of 102 wanted to initiate a campaign to describe our program to all our customers, conditionally grandfather some homes built prior to August of 2010. Provide a six month grace period. Those not opting in at the grace period will be required to remove their connections and enforce the annual testing requirements at the owners expense. And except for the grandfathered homes, enforce our ordinances. So, this is what happened on August 10th. This is a quick recap. Continuing, we wanted to send out annual testing reminder notices to all owners of known assemblies, work with the Ada county folks to implement our ordinances on new homes that are constructed and consider a due on sale lien to reduce the number of dual connections over time. Consider assisting with removals of registered dual connects and, if grandfathered, all dual connect systems must have an RP device installed. We want to -- like to reallocate whatever funds we had from that -- from the pool, the 300,000 dollar pool to do testing to do enforcement programs and, then, certainly other things associated with the water utility. We did have an HOA in 2010. We reviewed a refined set of recommendations and we received -- it says here many suggestions. I also had the opportunity to talk to Councilman about the issue and I thank you for that very much, sir. And we -- we think we have got a little more refined set of recommendations to bring to you this evening. These are the revised recommendations. First of all, we still want to eliminate the testing reimbursement program. We want the testing repair cost to be borne by the homeowners, if there is any of those devices left and there will still be devices left that are legitimate and need to be installed. They need to be -- that testing and repair needs to be borne by the homeowner. We want to follow through on our previous understanding that failure to test equals water service termination. We do not want to fund single point connections -- connection installation. The single point after all is still a dual connection and there is no return on investment or benefit to the city. In fact, this is one of the issues that you will see later on in my presentation that is contentious and we have disagreement on. Continuing with our revised recommendations, we want to remove all the known dual connections under an amnesty program. The city will pay up to a maximum amount per dual connection. That maximum amount depends on an opinion of how much it should be. We believe it should be half of what we thought that it would cost to remove the dual connection, which was 300 dollars. The homeowners association folks, as you will hear, want us to pay for everything. The whole -- whatever it costs to remove the dual connection, they would like us to pay for that. We had some estimates done. We got an estimate back of 300 dollars to remove a typical dual connection. That didn't account for those that are underneath some elaborate landscaping or cement or something like that. The homeowners association folks helped us out, they went out and we appreciate this, by the way. They got a couple more estimates. Theirs were anywhere from 200 to 250 dollars to do the same sort of thing. So, the range is between 200 and 300 dollars to remove a typical, if you will, dual connection system. We want to provide for an opt in period. We wouldn't like to take it past a year. Six months would be better, but we wouldn't like to take it past one year to get people to opt into the system so we can remove those connections. We would like to shut off the water after the opt in period is expired and reallocate the testing dollars to pay for the dual connection removal. We'd like to return the remainder of the dollars to the fund balance. Certainly, we would like to inspect all removals to make sure they are appropriately removed. We would like to initiate a wide spread education program. In Meridian City Council Workshop September 14, 2010 Page 20 of 102 fact, the homeowners association has helped us out with that, they rather insisted we do so and we agree that that needs to be done. Here are some of the HOA recommendations and the folks from -- from Meridian Greens are here this evening, I believe. The folks from the HOA association would like us to pay for the entire amount of the dual connection removal, including the cost for non-typical dual connection installations. In the case of where they are underneath cement this could run a few thousand dollars. Some of the HOAs would like us to the pay for a single point installation. Others say, no, it's not fiscally responsible to do so, don't do it. So, there is a little disagreement on should we do it or should we not do a single point installation. We don't think that we should. If a cap must be imposed it should be at least 500 dollars, instead of the 150 that we propose, they say if you got to put a cap on, put it at 500 dollars so you can cover the cost of all the -- all the removals. Continuing along the -- would like a wide spread education program and they gave us several suggestions. HOA newsletters, which was a great suggestion, in order to contact the folks in the subdivision about what's going on. Certainly next time you have a town meeting, Your Honor, they would like us to maybe take five minutes and explain the situation to those folks at a town meeting. Do some radio spots was one of their suggestions. Excuse me. Certainly use the city wide website and put an insert into the bills. As was pointed out last time, sometimes you put an insert in the bills and immediately things get separated as soon as they hit the front door. So, the other -- the top couple two, three, though, were pretty -- are pretty robust and they should contact -- should be able to get to everybody. These are some of the comments that the folks from the HOA gave us. They were disappointed that the grandfathering provision was not continued, because we are now recommending removing the dual connections there is no need for the grandfathering provision. In fact, we don't think it should be grandfathered, we'd like to get the dual connections out of the system as soon as we can. They would also like to have a due on sale clause, so that when the homes are sold, the due on sale clause, if you still had one of these devices installed, at that point in time they would have to be removed before the house sale could be consummated. They did emphasize that we need a thorough education program. We absolutely agree with that. We need to get out -- get the word out and talk to just about everybody we can. Those are my comments for this evening. We have some recommendations in front of you. Basically, it's -- we recommend the 150 dollar limit be put on the removal for dual connections. We recommend a time certain to have that all taken care of and we recommend, essentially, that we eliminate the reimbursement and testing program in its entirety, using the funds that we have set aside for that for next year to fund the removal of the backflow assemblies. I'll stand for any questions now. de Weerd: Thank you. Council, questions? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Rich, we have had -- now it's two sets of recommendations. Some way or another we need to meld those together and get something prepared, so we can take it Meridian City Council Workshop September 14, 2010 Page 21 of 102 to a public hearing -- through a public hearing process. I would, again, like the update of your Powerpoint, so I can compare the two and see what's been added and what's been deleted and -- Dees: I'll send this latest Powerpoint to you. Rountree: Yes. Dees: Absolutely. Rountree: Question comes to mind. Initially we were talking about eliminating the funding of the testing program and that fund would go towards enforcement and that sort of thing. Now, we are looking at least the money for a year or two going to the elimination of dual connections. My question is -- and I still have this question about incentives and I know you say turn your water off as an incentive enough. Usually is after it happens once, but usually takes once, sometimes two or three times to get the message through. But -- and this is a subjective response on your part. Will the 200 -- or the 300,000 dollars that ultimately go towards enforcement yield the 86 percent compliance we currently have toward getting these backflow devices tested and operating efficiently or, if not, what of kind reduction in that percentage do we see and how do we weigh the difference? Dees: Madam Mayor and Councilman Rountree, can I guarantee you that we will get at least 86 percent compliance? The answer is no. I can't do that. Don't know what it will be. I do know that United Water is getting about 60 to 70 percent compliance with no incentive program whatsoever. So, it will be between 60 and 85 -- or 80, whatever we said last time. I think it was 85. Rountree: Eighty-six. Dees: Eighty-six percent. So, it would be between 60 and 86 percent is what we would get, I would imagine. Absolutely cannot guarantee you we will get a higher amount or -- Idon't know that we will get a lower amount, because we do have all the folks listed to get that 85 percent in our database and we will be sending the reminder letters, plus we will be out there -- you know, if they don't get it tested we will say, okay, we are going to have to turn your water off if you don't get your -- your backflow system tested. So, there will be that incentive, if you will, and at least we will have some known quantities out there where -- as we didn't have that two years ago, three years ago, we do have that now. Rountree: So, what is the cost of enforcement for the 8,600 plus that we have the names and addresses for and -- that program is going to cost some money. It's going to take people, it's going to take equipment, it's going to take systems. Dees: Indeed it will, Councilman Rountree. It won't cost -- actually, it won't cost us any more than we are paying right now, because we are -- right now we are sending out the Meridian City Council Workshop September 14, 2010 Page 22 of 102 reminder letters as it is. It will just require us to go out and turn the water off. I guess that's not true, then, we will have an expense to go out and turn the water off until they comply. And we will know if they comply when they send back the -- the receipt saying that, yes, my system was tested. Zaremba: Madam Mayor? de Weerd: Mr. Rountree. I mean, sorry, Mr. Zaremba. Zaremba: Thank you. I would comment that that becomes a smaller and smaller universe. As we eliminate these systems there are fewer people who will need to be tested. Rountree: No. Zaremba: Isn't that correct? Dees: Councilman Zaremba, yes, the universe for dual connected systems should shrink if we do what we say we are going to do. We will still need to have a testing program, because there are those folks, like me, for example, that don't have pressurized irrigation. I have an assembly in my backyard that I use for normal irrigation using city water and it still needed to be tested annually. So, those folks will still need to have annual testing done on their devices and if I don't pay for my testing, would fully expect one of our folks, bless them, to come out and turn my water off. So, the number would be shrinking, however, because to take the number of dual connection off you're taking a couple hundred devices out of the system right away. Did that answer your question? I'm sorry, Idon't -- Zaremba: It does. Thank you. And I also have another question and that would be on the -- on the due on sale program that the homeowners are suggesting, I don't have a dual connection, but I do know I plan to live in my house for as long as I live. So, if the point of this program is to get dual connections removed, we could be stretching that out for 20 years or more if we are doing a due on sale. There is some people that live in a house their grandfather built. Dees: Madam Mayor, Mr. Zaremba, indeed, that's the reason we took the due on sale out of this latest set of recommendations and we recommended that the dual connections be removed now within this -- this period of time, this grace period of time. We -- that way we get them out of the system, there is no need to worry about are we going to catch this on a due on sale or not or someone is going to live there for the next 50 years and whatever it's going to be we will just never get it out of the system. This way it gets out of the system and we clean up the -- clean up the -- our total system. de Weerd: Other questions for staff at this time? Bird: I have none. Meridian City Council Workshop September 14, 2010 Page 23 of 102 de Weerd: Okay. Dees: Madam Mayor -- Madam Mayor, just to run the numbers a little bit, I ran the numbers on what it would cost us to remove all the dual connected systems. Iran it 250 and at 300 dollars. Two hundred and fifty connections -- two hundred fifty connections and three hundred connections, it's alittle -- a little fuzzy to know how -- exactly how many are out there. Some of them are hidden from us. Some of the homeowners have told us people are not showing you where they are. They are not going to tell you. So, we are going to have to kind of be a detective to find some of those. But if there is 250 connections out -- dual connections out there and we pay the 300 dollars it's a 75,000 dollar hit if you will, or a 75,000 dollar bill to us. If there were -- excuse me -- 250 connections and we pay 500 dollars -- to have a maximum of 500 dollars to have it removed, that's 125,000 dollars. So, the range is anywhere from about 75,000 -- it's 150, I'm sorry, I didn't tell you that one -- 150 dollars, if we paid that much money it was 37,500. So, our range is between 37,500 and 125,000 to remove the dual connections, depending upon how -- how you would like us to go. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: That does bring up another question. I would guess there are areas in the city before subdivisions .became popular where you would be dealing with individual homeowners, but in some areas -- and I know in my subdivision we have a single point connection, we all use it. Some of the earlier subdivisions are the -- are where you find nonsingle point and each house has their own. If you know of a subdivision and you have three quarters of the homes in that subdivision on your list, wouldn't it be reasonable to assume that the other quarter probably has the same system and do we have a way of inspecting without their inviting us in? Dees: Councilman Zaremba, yes and no. Sort of depends. That's a phrase that you use, Mr. Nary, a lot. Nary: I love it. Zaremba: A legal term. Dees: It's a legal term I do believe, yes. It depends. It depends. Some subdivisions were built in phases and some phases had pressurized irrigation and some didn't. Some put them in and some didn't. Those phases that had the pressurized irrigation, some homeowners put those dual connections -- dual connections in, others did not. So, you can't assume that on the phase where there is pressurized irrigation and there is dual connections, that all those guys have a dual connection, but, then, we would have to check. The problem is is many of these dual -- backflow systems are behind fences and it's a little tough for our folks to act like Kilroy sometimes, you know, peeking Meridian City Council Workshop September 14, 2010 Page 24 of 102 over fences to find out if the -- if the backflow system is there. If they are in the front pretty easy. But when there are fences around it gets alittle -- a little more difficult. So, in answer to your question it really does depend on the subdivision. Zaremba: Okay. Dees: We did have two homeowners association folks that couldn't be here this evening. One of them has got the flu. He was -- and I just want to express his -- his sentiment -- or their sentiments, they did send an a-mail -- one of them sent an a-mail to us. The one that can't be here because of the flu was against doing single point connections. The other gentleman who couldn't be here this evening says he supports what we are -- we are recommending with 150 dollars and, oh, by the way, he also does not want to pay for a single point connection, nor does he want us to pay for a single point connection. One homeowners association said it would fiscally irresponsible for them to do that, why would it be responsible for us as a city to do that as well? So, I want to make sure that Iwas -- expressed what their sentiments were as well. de Weerd: For the record, you want to enter their name and subdivision? Dees: I can. The name of the gentleman who did not want the single point connection, -- and supported our 150 dollar program was Tim Foster and the other gentleman who said it would be fiscally irresponsible to do single point connections was Mike Ball of Sportsman's Point. Tim Foster is Bittercreek. Bittercreek Subdivision. de Weerd: And Mr. Ball was here at the last presentation. Dees: He was, Your Honor. He could not be here because of illness. de Weerd: Okay. Thank you. We will ask for public comment and, then, invite you back up. Thank you. Is there any public comment? Yes, sir. Watson: Hi, Mayor and City Council. I'm Victor Watson and I live in Meridian Greens Subdivision and I'm a spokesperson for our subdivision. There are a number of things that were on the -- on the slide that we saw that we agree with many of those. We even agree with the issue of a single connection. We don't think that's a good idea. However, had two -- two points I'd like to deal with. One, let me take a few moments to briefly recount the history that brings us to this point, then, I'd like to make a few salient points in reference to this issue of connections. Last June -- this last June or early July the Meridian Greens Homeowners became aware of the intent of the city to enforce a there to for unknown and unenforced ordinance. We became aware of the proposal through a poorly worded threatening letter from the water department and through personal information coming to us from -- from residents who had had water staff come to their doors and tell them that these connections had to be removed. In about mid July several of us individually, myself, Jim Rosetti, not -- there was another person think, met with water department staff Tracy Ballentine, cordial meeting again to -- to become better informed about the intentions and we offered some suggestions back Meridian City Council Workshop September 14, 2010 Page 25 of 102 and forth, we felt good about that meeting. That was meeting one. On July 28th several of the people from Meridian Greens Subdivision, myself, was there, Jim Rosetti -- or not Jim Rosetti -- who else was there? Darrell McRoberts, sorry, was there. And we met with the Mayor and with two of the staff members from Public Works, Tom Barry and Richard Dees. A good open discussion. We felt if there was information that was shared back and forth, some that we didn't have, some that -- that the department didn't have in that particular meeting and the Mayor asked us to, then, be prepared to attend the -- the coming City Council meeting. On August the 9th Richard Dees invited ourselves and other members of subdivisions to meet with him and people from the city. We did that. We had a great discussion we thought. We believe that the city staff and Richard were generally interested in getting information from us, sharing information back and forth. There were a number of suggestions that were submitted. No promises were made on either side from anybody, but, apparently, the discussions and suggestions that we made were well received. Then -- that was meeting three. Then, on August the 10th there was a City Council meeting, you recall, of course, and we made our -- our presentation to include -- to include a consideration of temporary waiver for existing certified backflow devices until the home is sold. That's a big issue for us. We left that Council meeting believing that we had made a reasonable presentation. We left that meeting believing that it was well received, information again was shared and, then, we were invited to return again to this meeting this evening and, again, where discussion would occur and that was, then, the fourth meeting. Then, on September the 9th subdivision reps were again invited to attend another pre-Council meeting for more discussion. As always it was a cordial meeting. We had some -- some discussion back and forth, but -- but between August the 10th and September the 9th something dramatically changed. That's our perception. Something dramatically changed. This was not really a give and take meeting. We offered some -- some ideas about how to instruct, how to get information out, but we believe that the reason for that meeting was to inform us what would be presented here, so that -- so that we wouldn't be surprised and if there would not be high consternation on our part when we were presented this information. We discovered, then, that a major provision was taken off the table. We were told at the direction of the Mayor that -- that provision being the sale or removal or sale of the house, that that was taken off the table -- de Weerd: By me? Watson: That's what we were told. de Weerd: Oh. Watson: That's what we were told, Mayor. And, then, at the end of the meeting, as Richard pointed out, each of the subdivision people did, for the record, say that we were disappointed in -- in some of the outcome of that meeting. So, here we are five meetings preceding this one, we agreed that meetings should take place, that discussion should take place, that it can be productive and it is productive. We agree that there has to be some give and take. We -- you take, we take. We agree with that. However, let me submit eight points relative to this particular issue.. Number one. At Meridian City Council Workshop September 14, 2010 Page 26 of 102 the August 10 meeting Mr. Rountree expressed an intent to have a zero percent risk in cross-contamination -- cross-connection contamination. At our May -- at our September 9 meeting we were informed by Richard Dees and the city attorney that Mr. Rountree was adamant about enforcing the ordinance. The truth is that for this particular situation elimination of risk is difficult at best. A zero percent risk would require that the city shut off all of the water and make sure that every resident receives certified bottled water and that we use it. According to the water department's web page it says that residents receive, quote, high quality water one hundred percent of the time. It would seem, then, that the zero risk is already being met. We would like to see if there has been a risk assessment of the effects of implementing the proposals on the city. Number two. It's our view that the city is generally operating on guesswork. For years the city required inspections of backflow preventors, yet there are no records to support what was done, who was paid, and what people actually participated. We understand this is hearsay, but we have been told that one backflow preventor was told by a city worker that the backflow preventor was not -- that person doing the inspections was not charging enough. The numbers provided to you and provided to us are only good estimates based on spotty statistics at best and are pure speculation at the worst. At the meeting with Richard and the staff numbers came up and we agreed that -- well, why don't we pick another number. Well, let's pick another number. It's spotty at best. Number three. The evidence of contamination, other than the one high profile case which took place in another water district and it was due to a -- a contractor installation. Except for that one, the evidence supports the effectiveness and the efficiency of installed and inspected backflow preventers -- prevention devices. I hesitate on this one, because it's -- I just hesitate and you will see why. Water department staff make different deals without the knowledge of the Public Work Department. I don't mean under the table deals, but they make different deals with the different homeowners as to what type of abatement should take place. We don't think that that's right by itself. In fact, the methodology of abatement differs from staff to staff depending with whom one speaks concerning that abatement procedure. Additionally, we just discovered at the end of the meeting this last week that there is, in fact, an additional fail safe system, if you will. We didn't know this. As it turns out, we had been told that at the water meters at our homes on the -- on the city side of the water meter there is a check valve which would prevent any flow back into the city system. Consequently, it strikes us that there are at least three checks at the places where there are certified inspected backflow prevention devices. We wonder how much risk is remaining in an issue where, first, no negative instances have occurred and when the city had -- according to Public Works people, have installed a check device to prevent something coming out, I could pour a quart of E.Coli into the city's feed system in my yard and it would not go anywhere except into my house. We suggest that adopting the draconian approach proposed by Public Works only serves to encourage more bootleg connections and they are out there. And to punish those who operated in good faith to insure clean water -- and that's what we want to do is insure clean water. Finally, we think it's time for a public education campaign to be implemented to include town hall meetings and the inclusion of the public media and, of course, additional request the original proposals to be considered again. That is the -- the change at sale of home. We are not the problem here. Thank you. Meridian City Council Workshop September 14, 2010 Page 27 of 102 de Weerd: Council, any questions? Rountree: I have a comment about what was suggested I said and what I really said, but other than, no. de Weerd: Well, we will look forward to staff comments on some of the remarks by Victor as well. Thank you Watson: Thank you. de Weerd: Any further comment? We understood you were sick this evening. Well, cover your mouth. You still do need to -- yes. It's nice having you here. Ball: Thank you. Madam Mayor, Councilmen, after further thinking -- de Weerd: If you could state your -- Ball: Oh. Mike Ball. Sportsman's Point. I'm sorry. de Weerd: Thank you, Mike. Ball: Mike Ball, Sportsman's Point. After further thinking after the meeting last Thursday and a lot of deep thinking -- and not to ambush the other subdivisions here, to me any risk is too great and the good faith argument that has been presented that in good faith they were doing everything they were supposed to do -- well, they knew the law was wrong and they knew it was wrong to have the dual connects, why were they still doing it? To me that's not good faith. The fact of it allowed in the ordinance for a subdivision to have a dual connect is ludicrous to me, because of the basic fact that I have had eight inch water lines with 45 horses of pumps -- do you realize what that can back into the water system if I have a dual connect that breaks? So, you just -- it's looking at all these things going, you know, any risk is too great and this is the water that I get up and drink my coffee of it every day of the week and to me it's just too great a risk to assume. And any good thinking man would know that it's just not fair for a few to endanger a lot. Even though they are doing everything right, it's still that one time that it happens that it could affect us all, so --and that's all I have to say. Thank you. de Weerd: Thank you. Any further comment? Okay. Well, I would invite comment from the Public Works Department. Dees: Madam Mayor, Members -- de Weerd: If you stand between them. Dees: Between them. How is that? Meridian City Council Workshop September 14, 2010 Page 28 of 102 de Weerd: Yes. Dees: Is that better? Okay. Madam Mayor and Members of the Council, first of all, I want to thank Mr. Ball for coming. Sick man. Are you okay? One comment just to start with. The cost of enforcement -- I believe, Councilman Rountree, you asked about cost of enforcement and how much that -- that's actually covered right now in our turn on and turn off fees. So, that if someone's got their water turned off for some sort of noncompliance there is a fee tagged onto that that was to charge them to turn it back on again and that covers our costs to go out to the house to actually make that turn on or turn off. As far as the Mayor making the comments or we said the Mayor made a comment, I don't remember that, Madam Mayor. It may have happened, but I don't remember it. Sorry. So, if it happened I do not remember someone saying that you said that they said that we said. de Weerd: Well, I certainly don't remember the comment either. So, I was interested in hearing that. Dees: Check valves. Check valves are interesting. There is, indeed, a check valve. It's in the setter. A setter is a device that has a meter between it. The setter is also -- there is a valve right on top of the setter that turns the water on and off -- if we wanted to turn the water off your house we would go to that -- to that device and right underneath it is a little check valve that's there to keep a backup from happening. However, that check valve is not checked annually, it's check one time by the manufacturer when it's put onto the setter and that's it. It is not an approved backflow assembly system. Yes, it does offer a modicum of protection, but certainly it's not recommended by any manufacturer of any backflow system at all that that would prevent E.Coli or anything else from going back into the water supply, so that we can't depend on that check valve. Yes, it's there and, yes, it does offer a limited amount of protection, but it's not the be all and end all of protection systems. And as far as making deals with homeowners -- we don't make deals. I think I know what he's talking about. We had a new employee who went out to a gentleman's house in Meridian Greens and they removed -- the gentleman removed his backflow assembly and he had attached a spigot to the input line coming out to the input line, so he could get water to his front yard I suppose. I have never been there, so I don't know. And there was nothing on it and when asked our employee said, you know what, you need to put something on that to prevent backflow from happening if you have a hose laying on the ground or something like that. So, he asked the gentleman to put on the same kind of protection that you have most assuredly on your homes right now. It's alittle -- on every -- on every hose bib there is a little backflow device attached to that and that's what he asked them to put on. And we absolutely don't make deals for people, we -- we want to get the dual connections out of the system. And other than that, we do appreciate the homeowners associations. We did take a lot of their suggestions and the reason we changed our minds, because, quite frankly, after we analyzed it the -- over the weeks that -- between the two Council meetings, we determined that getting the backflow -- the dual connections out of the system was the vest thing for us. Having them even in the system, as you said, Councilman Zaremba, it could have been for 50 years and we Meridian City Council Workshop September 14, 2010 Page 30 of 102 Dees: Certainly is possible. That's what you have right now. You have got backflow assemblies that are connected -- dual connected right now -- in fact, that's the problem. They come like out of a piece of -- there is a concrete slab or something around it and, then, the backflow assembly comes out and it goes back down again. And that's the one that's hard to move, because you have to dig down and cap it off. So, could you leave that backflow assembly there? Certainly. But, then, we are back to the grandfather provision, so that takes us back just kind of where we are right now. Hoaglun: Okay. Thanks. de Weerd: Further questions? Okay. Council, what is your direction? I know that Councilman Rountree had noted he would like to look at the two presentations, review future -- or past meeting minutes to look at discussions and -- Rountree: Madam Mayor, my immediate desire is to do that and also to direct staff not to wear the neighbors out. I mean give them a break. Let's put something together and if we are going to move forward with it, we will have a public hearing on it. And if we choose not to move forward with it, choose likewise. Bird: Madam Mayor, I agree with Mr. Rountree. He said it much nicer than I would. de Weerd: In looking at next meeting, it's rather full. Mr. Barry, Mr. Dees, does this look --first meeting in October to bring a recommendation to Council for a public hearing and certainly we will want to get information out to the neighborhoods on what the specific recommendation would be, so they can be prepared for their -- their testimony to City Council for them to make a decision. Barry: Madam Mayor? de Weerd: Yes. Barry: Just as a point of clarification, are you requesting that recommendation in a formal document, such as revisions to an ordinance or are you just requesting it as the recommendation with regard to what's been discussed to date? Because the noticing and the work behind the scenes that would have to occur with legal to get it in ordinance format for the public hearing could take us a little bit more time between now and October. de Weerd: I guess the question would be to Mr. Nary. A lot of this is enforcement of a current ordinance. Nary: Correct. de Weerd: I don't know what you're asking about changing, but this recommendation would be to Council is to how to move forward in enforcing a current ordinance and their -- the process. It would be more procedural. Mr. Nary. Meridian City Council Workshop September 14, 2010 Page 31 of 102 Nary: Madam Mayor, Members of the Council, I guess what I'm hearing is that -- I think what I guess I have been hearing is that what Public Works is wanting to do is bring your proposal that may, then, become part of an ordinance and so I think we don't need to craft an ordinance for October 5th, I think we need direction from the Council as to where you would like our ordinance to go and what recommendations are from Public Works and, then, take public input on that recommendation and, then, direct staff to, then, create either an amendment to your ordinance or not. So, I don't -- I think you could probably have that on October 5th with Public Works, but that -- the only issue -- or Iguess concern -- or I guess not concern. The only issue Ihave -- when you use the public hearing it has a specific connotation. How do you want this noticed? This is not something that normally would be a public hearing, but you're wanting people to have -- to come up -- de Weerd: Public comment. Nary: Right. And you want people to have an opportunity to get here. I don't know if we can send mailed notices in that quick a time period or something like that. Or if you're just wanting, basically, your agenda notice to be adequate that any of these homeowners associations have been informed, they have attended, so I certainly think they are getting the message out there. But I just didn't want to get caught up in providing noticing to people or advertising noticing and that type of thing when you're really going to be, basically, I think, commenting on a memorandum from Public Works and allowing the public to comment on that. de Weerd: I would believe, unless Council sees it differently, that we would continue to work through the homeowners associations and requesting that they get it out to their neighbors and the other fashions that -- you know, to me there is also going to be those that have been notified that the issue has been brought to Public Works' attention. Those citizens who have gone ahead and changed their at their own cost, I think there is some notice responsibility to them, but, Council, do you have any further direction on who else -- how you would like to have this noticed? Hoaglun: Madam Mayor, I think if -- the parties have been established that we have been working with and I think we know who they are, that if we are going to have a discussion say October 5th on this, that's ultimately decided that they would be notified, it would be on the agenda and they can, you know -- I don't know if that would be a public hearing or just an opportunity to hear the Council discuss the direction we would like to see a future ordinance go. But I think we know who the parties are and are easy to contact and move forward in that fashion, but what form that takes and when we do that I think is still to be determined. de Weerd: Okay. Any other comments? Bird: Madam Mayor? Meridian City Council Workshop September 14, 2010 Page 32 of 102 de Weerd: Mr. Bird. Bird: Now, your intention is to take public comment in the public forum that night; am I not right? Like we do with the grants if they come. Which we never have. If they want to come and testify they can. It's not a public hearing, but it's a comment period. Okay. That's what I understood. Zaremba: Madam Mayor? de Weerd: And just for the sake of options to bring back -- and I don't know if I mentioned this when the neighbors first brought this to our attention, but on the air quality board during the idea of how to implement phase one of vapor recovery, the idea was from -- during rule making is to offer the incentive to do the improvements to the gas stations with cash back or money to help fund the needed adjustments to -- to their program and it sunsetted at a certain time that if you were to do it within a certain time frame you could qualify for the reimbursement or -- or for the up to amount and after that you had a certain time to do it, then, at your own expense, but it did give a date certain that the improvements needed to be on and it might help a little bit with the grandfather, but, again, it's what you bring back to Council and what the different options are. Hoaglun: And, Madam Mayor, just for Public Works -- Water Department folks, any of those ideas that have been discussed, whether you think they are a good idea or not, it would be helpful to have those listed, even though we are comparing the -- your Powerpoint presentations of first group of ideas, then, new recommendations, but any of those ideas, you know, I have got notes and different things, but it would be helpful to have those listed in case I have missed anything or didn't take a note on a particular thing. So, that would be helpful. Thanks. de Weerd: Mr. Zaremba. Zaremba: Madam Mayor, even though we are going the direction of this not being an official public hearing on a new ordinance, can we include a review of the old ordinance during the discussion? de Weerd: Uh-huh. Zaremba: Okay. de Weerd: That would be appropriate. Zaremba: Okay. Thank you. Okay. So, we will set this for the first Tuesday in October -- if I can turn the page. Nary: October 5th. Meridian City Council Workshop September 14, 2010 Page 33 of 102 de Weerd: Thank you. Which is October 5th. And I still haven't turned the page, so -- we will set it for public comment. We will hope -- can you have your recommendations and that summary as suggested by Mr. Hoaglun at least a week prior? Dees: Madam Mayor, Members of the -- yes, we can. You want that included with the latest slide show or -- I can copy out a slide show right away and then -- de Weerd: Yeah. And you should get that out right away and we will have that on our website -- the recommendations or you can call the city from the neighbors and get that from us. Okay? Dees: Thank you, Madam Mayor. Hoaglun: Madam Mayor, I just want to note -- I see Former Senator Ipsen out there and and Senator McRoberts and one of the good things about being on City Council, senators, is the fact that we can stretch this thing out, we don't have three months to solve it, as you folks had to do when you were in the legislature. So, we can take a little more time, we don't have to nail it down right away. So, we will try to get this right. de Weerd: I don't know if they see that as a good thing or not. Hoaglun: We are trying to make it right, so that's what we do. Item 6: Items Moved From Consent Agenda de Weerd: Thank you for being here. I guess the next item -- there were no items moved from the Consent Agenda. Item 7: Department Reports B. Legal Department: Discussion on Dog at Large Ordinance de Weerd: The next item is the strategic plan. We have a number of employees here, but I do know that we do have a citizen as well here for Item 7-B and we may want to take care of that item first. But for the sake of our employees, I would like to introduce them, so if they don't have a roll and they should like to go home, they can do so. So, Council, if I could, I would like to introduce staff from the city clerk's office, as well as from the Mayor's office and, then, those that don't have speaking parts, if you don't want to wait around you're more than welcome to leave. So, we have Nancy Radford in the back. And I'm just going to name them as I know them. I won't give you nicknames, but just first names. Nancy, Sheree, Jacy, and Machelle all from the clerk's office. Thank you for being here. From the Mayor's office we have Shelly and Peggy and I know I saw Luke and our newest member is C.Jay, who is sitting there nicely in the suit and tie. told him that he had set a new standard for our office. We have suit or tie in church, but sometimes not always a jacket. So, C.Jay, it's nice to see you here and he's been a welcome addition to our team. Meridian City Council Workshop September 14, 2010 Page 34 of 102 de Weerd: So, with that said, Council, if you don't mind, I will move to 7-B under the Legal Department. Since we have been jumping all over our agenda tonight, I will move to 7-B, unless someone objects. Seeing none, we will ask for Chief Lavey and our city attorney Bill Nary's comments. Nary: Thank you, Madam Mayor, Members of the Council. I guess I'll start. In your packets this came from my staff. Created a table with ten cities, including ours, and how they handle dog at large offenses. This originated -- we had a citizen that sent an e-mail, both to our office, as well as the Mayor's office and I think to the Council Member's concern regarding the fact that it's a misdemeanor offense and that a misdemeanor could carry some significant impacts to him or to other people in the future, including potential fines that a judge could impose. So, in looking at various cities -- so, the idea was to come to you tonight and get direction as to if you want to seek us to prepare a change to our ordinance and, if so, what would you like that to look like. The city of Boise recently changed their -- their dog at large offenses to treat them like they were parking tickets and what they do there is they hold the ticket -- when you receive a parking ticket in the city of Boise you -- or now a dog at large citation, you receive a citation from the city and you can pay it directly to the city without it going to court, so you don't have court costs attached to it and they have set fines for it. I think the first offense is 25 dollars, the second offense is 50 dollars and after that it becomes a misdemeanor and it's sent to court. So, they track it internally. You can pay it there directly to the city and it doesn't ever go to the court until you have a third offense. If you don't come in within a -- I think it's 14 days, then, you -- then, your citation becomes a complaint, it goes to the court, and you have to deal with it their at the court. Your option -- your option to have the lessor penalty is gone when you don't pay it. We can do that. I haven't discussed it with the chief, but we can certainly craft an ordinance and we will have to, I guess, decide in vetting that out is where would the people pay it, how would we receive it, how would we track it, what -- how much time is that going to take of personnel. The city of Boise already has a system set up for that, we don't. We don't do anything like that currently. City of Coeur d'Alene it's just an infraction. There it's a one hundred dollar fine. The city of Eagle, it's the similar system as Boise, where they are allowed to pay the first couple and, then, it, basically, never goes beyond those types of offenses, unless you don't show up and, then, they send it to court. The city of Garden City it's an infraction with a hundred dollar fine. The city of Mountain Home it's an infraction with a hundred dollar fine. The city of Nampa it's just a misdemeanor and a similar setup of what we have currently for Meridian. In Pocatello it's an infraction with a hundred dollar fine. Sun Valley it's a misdemeanor, it's just the same misdemeanor type of offense that we have. City of Twin Falls it's an infraction with a hundred dollar fine. So, the problem -- the problem that can occur, so that you're aware of -- under the -- under the Idaho Code there is no mechanism for enforcement of an infraction that is not a traffic offense. So, what you have to do is if you're going to make it an infraction, then, you have to create another law that makes it a city misdemeanor to violate -- or to not report an infraction. So, when a person does not appear on the infraction and you have to charge them with that crime to get them to come to court, because there is no other tool for the court to enforce, you can't issue an arrest warrant or get somebody to Meridian City Council Workshop September 14, 2010 Page 35 of 102 court on an infraction and most of the traffic -- most of the infractions in the state of Idaho are all traffic related, so when you don't appear in court or respond to the infraction, they suspend your driver's license. Can't do that with a dog at large citation. So, you have to create another code to do that. The other -- the only other issue that comes up on rare occasions, but comes up occasionally, is the matter of restitution. Sometimes when dogs get loose at large they cause damage and with that they -- with a misdemeanor offense you can at least seek restitution from the court. The court can order to pay for whatever the damage the dog may have caused. The infraction does not allow for that. So, the person -- if they had damage from a dog and you only had an infraction offense for it, they can't receive restitution for it, they would have to sue them in small claims for the damages. You could, if you wished, create an infraction offense for the dog being at large and a misdemeanor offense for a dog that's at large that causes damage and, then, you could handle it that way. So, you have a couple of different options if you want to change from the current setup. The current setup is -- looked at the existing ordinance. When they recodified the City Code -- I think it was in 1999 for some of it -- this was an existing ordinance that's existed for 50 years or more. So, it's not uncommon. Cities in the last few years, probably based on the same concerns that were raised by the citizen that wrote to us, had looked at other alternative ways to do this, so that's -- that's what we found in Idaho. So, your option is an infraction and we can do some other things to make sure that either restitution could get paid if necessary and create another ordinance that makes it a crime to not appear on a city infraction, so that you can -- it will have some way to hold people accountable, or we could look at this other method that other cities have been doing, allowing, essentially, a payable offense that you could come into the city to pay for. If you don't, then, it gets sent to court. It's just a misdemeanor like it still currently is. You're, basically, creating two layers of -- of events that people can come in and pay it, it just requires some time for us to figure out, again, how it gets paid, where it gets paid at, who is going to verify if it's the first offense, the second offense, the third offense, how are we going to do that. Do you pay the police department or the city clerk's office or where? So -- so, we need a little bit of time to do that, but we didn't do that up before today, because we wanted to make sure we had your clear direction on what you wanted us to do before we did all of that other leg work. So, I think that's it from my end. I don't know if the chief has some other comments as well. de Weerd: Thank you, Bill. Chief? Lavey: Madam Mayor, Council, I brought this in front of legal a couple weeks ago, because it's in my opinion that there are dog ordinances that do not belong handled in the courts. We are busy enough in the court system, we don't need to be clogging up the court system for a -- for anymore cases, especially dog at large cases. Today we are only talking about dog at large, but there is also some other -- other dog ordinances that we probably need to take a look at, too. One is an unlicensed dog, which also is a misdemeanor. One of the things that brought this all up was an increase in enforcement on behalf of the police department animal control and a lot of that was brought on by some discussions over the last several months with unlicensed dogs and other areas, such as the dog park and that thing. With our increased enforcement we Meridian City Council Workshop September 14, 2010 Page 36 of 102 also have an increase in complaints from the citizens and they were not wanting to plead guilty to a dog at large ticket, because it's maximum six months in jail, thousand dollar fine, or in some cases three months in jail, three hundred dollar fine. Now, that is the maximum and I'm not aware of anybody that has received that, but that's terrifying to someone that might have made a simple mistake. The other thing is is that some of these people have gone on for 40, 50, 60 years, never broken a violation or at least never been caught at one and didn't want to plead to a misdemeanor now for a dog at large and so speaking with Mr. Nary trying to come up with what's the best answer, one of the things that we face in the city is that occasionally we have an unfortunate incident where a dog might get out through an act of nature, neighborhood kids, or something else might let the dog out. If that person is -- that person's dog is located, dog at large, and a citation is issued, that person is facing a misdemeanor and it really wasn't their intent for that dog to get out. So, we need to have some sort of mechanism where we can -- we can take care of cases like that. I would propose that we come up with some sort of system that offers a tiered approach for those people that have those unfortunate or accidental or one time events in their life with their loose dogs, that they face some sort of infraction. I would say that whether it's -- the first one's an infraction or first two are an infraction and, then, for those repeat offenders it turns into a misdemeanor. Now, logistically, I don't know how we are going to work that. That's what we pay the attorneys for and they can write law. But that is my proposal and I will stand for any questions if Council or the Mayor have any. de Weerd: Council, any questions? And certainly I think the chief and our attorney described how it was brought to our attention anyway. Who would have thought a dog at large was a misdemeanor. I didn't know that until the first phone call or, actually, it was a conversation rather than a phone call, so -- and, then, we learned that the unlicensed dogs was also a misdemeanor and certainly we would like to clean that up as we address this one, too. So, any questions for the chief? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Chief, how many citations, estimate, do you think we write in a year on dog at large? Lavey: Right now because it's a misdemeanor it's very low. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: My next comment was actually going to answer that question. A report that we got recently from the Boise city attorney's office who handles our prosecutions under contract to the City of Meridian, says that during the four months April 1 through July 31 of this year -- I won't read them all, but I will read the two before and the two after. The Meridian City Council Workshop September 14, 2010 Page 37 of 102 attorney's office handled 97 inattentive driving, 93 speeding, 82 dog at large and 69 DUIs, 70 domestic battery. Now, I agree that dog at large probably shouldn't be in that list. Those other ones I would want people to be prosecuted seriously for. I would agree that dog at large should not be a misdemeanor, but we are -- in that four month period that's one a day for our animal control officer. So, where Iwas -- where I was going to go with that statistic was even though I'm in favor of saying, okay, this ought to be an infraction, I think the fine ought to be something that covers the cost of our animal control officer and my question to the chief was going to be where would that fine be? Lavey: There is a proposal in there what the fine would be. I don't recall what -- there is several ordinances we have -- are going to come in front of you today and, then, next week, too. So, I don't recall what that is, but I thought it was like 75 dollars, plus costs. I would say that you need to look at the figures prior to those four months, though, because, like I said before, is we just recently increased our enforcement of that and that's where we started getting the complaints. I do not know what those figures are, but I have been putting pressure on our animal control to increase the enforcement, rather than just tell these people to stop it, because we weren't getting compliance and so I don't have those figures in front of you, but we could sure supply those. Nary: Madam Mayor? de Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I also handed out to you for -- I guess fortuitously the newspaper to the east for an article today about their increased enforcement in the city of Boise and the impact it's had. They have a larger number of citations than they had previously, because they are taking a more proactive enforcement. But, again, it's -- it's not problematic to do that. It can made some sense. Like I said, I think the only real issue is -- is that time going to get absorbed by current staff and how much time is that going to take. I don't really know.. I mean I have no idea. When I read that article today it does concern me that it's going to monopolize a lot of time, but we won't know it until we do it. I think that approach of -- I think the approach of -- of allowing for one or two that could be done -- paid, essentially, internally first before it gets sent to court makes some sense. Some of the cities -- the infraction code -- and maybe the reason they have chosen to do that -- the maximum you can fine them is a hundred dollars and the cities that we found just -- it's a hundred dollars. Now, Iwould -- I would hesitate to guess that a lot of people that don't get fined a hundred dollars today for their dog at large and we change it to an infraction to fine them a hundred dollars every time, probably wouldn't like that much better either. So, don't have a magic answer for it, but I mean we can certainly work with the police department and finance to figure out a method on who we could do payable offenses here and whether or not they could be done at the police, because somebody has to verify whether this is the first or second offense, like some of these other cities do and that work is probably going to have to be done at the police department and not here at City Hall. So, we can work with the police and see if that's something we can -- we can try that, bring back a proposal to you with an ordinance amendment, probably within, Meridian City Council Workshop September 14, 2010 Page 38 of 102 oh, I would say a month we could probably bring back an amendment to the ordinance if that's your direction and, like I said, we will work out the details of payments and all that with police and finance. de Weerd: Well -- and what I think is important is an interim plan. I mean as I understand it now -- and, again, I'm surprised I didn't get called sooner -- is you have a dog at large and so you get a misdemeanor there. Your dog is unlicensed, so there is a second misdemeanor. Then, you have to get it spade or neutered before you can remove it from the shelter and you're -- you're adding up some pretty hefty bills there for your animal who might have just slipped out underneath your fence or -- and I know that's still the homeowner's responsibility, but that's quite severe. So, if we can also have an interim plan as well, so everyone is consistent, we know what we will be doing in the interim. Lavey: You know, Madam Mayor and Council, one last comment, too, is -- is the -- the agency to the east, one of the things that they are facing is that their fine is so low it's kind of like the seat belt ticket, it's worth it, I'll just -- I'll continue to commit this violation until it adds up, because it's only a 25 dollar fine. I do think it needs to be significant. can tell you that I do not want to write the City of Meridian a ticket for a hundred a pop and if I find that I'm doing it a couple different times, I would probably listen, too. But if it's 25 dollars, you know, it may be a risk to somebody to do that, so I do believe that if we do go this route it has to be a high enough penalty that it's going to affect you in some way, because the whole idea is to change behavior and change it from comitting that infracting, whether it's -- or infraction or misdemeanor, so -- it does have to be high enough -- it doesn't have to be as painful as the state I came from where it's four and five hundred dollars, but it needs to get their attention. But (should -- I do believe it should be tiered in some manner. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: Yeah. I was going to point out that most of the dog owners are responsible, but there are times -- just had a deal here a few months ago, I think it was late this spring where I'm out working in the yard on the weekend and all of sudden these two strange dogs show up in my yard. I have a lab, so they came over to -- I'm like, whoa, where did these two dogs come from? And I got the young one to come to me and, fortunately, they had their tags and everything, I was able to call, and they are out looking for their dogs. The kids had left the gate open and off they went and, you know, they pull in the pickup truck and the kids are crying, because their dogs left and they were responsible for it and, you know, happy ending for all and I think, okay, if that animal control happened to be coming along at that time, they need to be picked up, taken care of, there needs to be a fine, that's -- accidents happen and I guess it's setting that level, but at the same time I want to put the hammer down on people who aren't responsible, who let it happen time and time again and we do have to say, you know, enough is enough and not make like the article said, eh, you know, I can afford that, so I Meridian City Council Workshop September 14, 2010 Page 39 of 102 want my dog off the leash, let it run, do its thing -- I don't want that. You know, I -- I guess, you know, I do like the tiered approach. I guess it's a matter of how we are going to handle that, but at the end I think if it's three strikes and you're out, you're going to court, it's a misdemeanor and it's going to be a hefty fine, I'm fine with that. But the first time it might be higher than 25 dollars, maybe it's 50 dollars for the first time, second time a hundred dollars and, then, from there we can go up even further. But having it as an infraction I think those first two times, but I do have a question for you on that. Is there a period of time where let's say to use that family as an example, it happened, the animal control picked them up and there is a period three or four years that go by, nothing happens, and all of a sudden the dog gets -- the young one now is older and it happens to get out again and it gets picked up. Is there a statute of limitations, if you will, on the frequency -- and, again, I think that gets back to Bill and the tracking and how do we -- how do we handle that. But I'm interested in your thoughts on that. If it happens within a year, well, certainly you'd think, but, you know, if it's four or five years, are we keeping track that long? Nary: Madam Mayor? Madam Mayor, Members of the Council, not to jump in front of the chief, but the way the -- the way the city of Boise's ordinance is, is they track it by calendar year. The records of what's been in court is -- is easy to track, because those last forever. What's going to be more difficult is creating a tracking system for ones that don't get to court. So, the ones where you have came in and paid and your -- and say it's 50 dollars for what kind of stuck in my mind -- so, you came in and paid over the counter, we have to track that, because the court system isn't going to track in for us, so we will have to track that internally. So, that's what I think we have to solve, so that we would know over at least the course of the calendar year is this the person's first offense, because the offense -- and the other thing -- and I know this probably sounds silly to all of you, but the offense has to be to whoever is related to the dog, because what we used to have happen in Boise many times was husband got ticket one, wife got ticket two, husband gets ticket three, because they want to avoid paying accelerated penalties. To set your mind maybe a little bit at ease, I understand it's a misdemeanor and everybody can have a different opinion of how that may impact their life or not. have been doing this a long time, never has anybody ever come and said I didn't get a job, I couldn't get a license, I couldn't get anything, because I had a dog ticket I would think for 25 years someone would have said something. So, I don't think the impact is great, but I think there is better ways to do it and I think that's what we are really trying to get to. Most of the fines in court are between 50 to 75 dollars, unless they have been there before, and that's through the court's records. So, what I want to do is I want to make sure, too -- and I don't know what -- where Boise City came up with these amounts, but what I don't want is our third offense where we believe this person has been through the system twice, now they go to court, and we would think they should be impacted greater and the court, then, fines them 50 dollars, because that's the first time they came there. So, we want to make sure there is some clarity to the court that, you know, there is some expectation already and the judge has discretion, it's whatever the judge wants to do, but we want to make sure that there is some impact, so -- Meridian City Council Workshop September 14, 2010 Page 40 of 102 de Weerd: Council, we have a long agenda ahead of us and at the rate we are going we are going to be here until early morning hours. Rountree: Getting to be dog years. de Weerd: Yeah. Zaremba: May I ask one more question on that? de Weerd: Mr. Zaremba. Zaremba: And that is our current process. I assume we learn about this, because the animal control was called and they went out and picked up a dog and now we have the dog in the shelter. How do they handle it if the dog's not licensed or not spade as was mentioned before, do they actually collect the money? Lavey: Madam Mayor, Councilman Zaremba, no. The money is collected at the police department, so you would have to pay that at the police department and get a receipt and, then, provide it to the animal shelter. Zaremba: Okay. So, there is a system for money changing hands. Lavey: Correct. Well -- and -- and I respect the Mayor's comments on the long agenda. Two additional comments. One is we are in the process of upgrading our -- going to a new record system. Our current record system could keep track of that, but our knew record system I believe is even better. We can verify that. And, then, too, although I'm not aware of anybody that's lost -- lost a job opportunity, over my career here at Meridian we have had to arrest numerous people for dog at large tickets, because they didn't take care of them, so you have to get physically arrested, handcuffed, taken to the county jail and, then, you bond out for dog at large and I don't think that that's appropriate. And with that I'm done. de Weerd: I agree. And there might be a member of the public who would like to comment, so it's -- Lavey: I'll get out of the way. de Weerd: Good evening. If you will, please, state our name and address for the record. Miles: My name is Brianna Miles. Do you want me to just go by myself? de Weerd: Uh-huh. With your address, please. Miles: 2643 North Tricia Way. Meridian City Council Workshop September 14, 2010 Page 41 of 102 de Weerd: Thank you. Miles: First of all, I'd like to thank you, Madam Mayor, and the rest of the Council Members for giving me this opportunity to come up here and speak. First of all, my mother and I are here because we are in support of change of this ordinance. We were personally affected by the broad spectrum of this ordinance, seeing as earlier this year my dog escaped from the neighbor's yard, who we were paying to watch while we were on vacation. The neighbor -- somehow the dog got out of her yard. We were informed when -- as soon as we got cell phone coverage, that our dog had been lost. We contacted local animal shelters. We were informed that the dog was at the shelter. The following morning we went to pick up the dog and seeing as I was the person that went to pick up the dog, though the dog is, actually, my mom's physical property, I received a misdemeanor dog at large ticket, as well as a misdemeanor dog without a license. We have recently moved to Meridian from Nampa. We moved in April, so it had been about a month since we moved. We hadn't gotten down to getting a license, so I was in a bit of a state of crises, seeings I had two misdemeanors on my record that were possible of being charged and I have never been pulled over, I have never had anything like that happen, so I was very nervous and I just wanted to clarify my reason in coming up here isn't to defend my personal case, it's the fact that this could happen to anybody is really disconcerting. Additionally, I feel that there is two things that are wrong with the ordinance. First of all, it's a bit too broad. In speaking with the staff at the shelter, they informed me that there have been situations where a neighbor had been out of town and their dog had gotten out somehow and a family friend had gone to pick up the dog and that family friend was tacked with a misdemeanor charge, even though they were not involved and it wasn't even their dog. Additionally, it concerns me that this charge is a misdemeanor, which happens to be the same charge for animal cruelty and I just find it a little bit of a discrepancy that for abusing an animal you can get the same charge as your dog running away from home, which is oftentimes by mistake. I know in my case it was. Additionally, what concerns me is that if I do happen to get this on my record I could be at risk -- I'm a student at Boise State, if I have scholarships they might look at my record, see I have a misdemeanor, not looking deeper into it and just ixnay me from receiving any further scholarship. Like was mentioned before, employment opportunities could be at risk and having been a former employee of an animal clinic that would have definitely have been looked into, seeing as it involved animals. So, won't take up much more of your time because I know you're busy, but, at any rate, that's just my two cents on the matter. de Weerd: I appreciate your comments. Miles: Thank you. Crane: My name is Karen Crane. 2643 North Tricia Way, Meridian. And my daughter, essentially, said it all, I just have a few comments from the parental point. I'm very proud of my daughter, she worked very hard, she is terrified of getting a ticket and -- you know, for speeding and, then, when this happened it's just been very traumatic on our whole family. She didn't mention that the dog is about a three and a half pound Meridian City Council Workshop September 14, 2010 Page 42 of 102 Chihuahua. It shakes when you look at it twice. Far from a threatening creature. And having just moved here we were not in an environment she felt comfortable in, she didn't really know the people that were watching her, so when the door opened just a sneak she bolted, just ran like wild fire. My daughter was ticketed with two misdemeanors, which have caused me a lot of alarm. We talked to the court and was actually recommended by one of the Ada county clerks to retain counsel, which we have had to do, we have had to hire an attorney to fight this. It's scheduled for pretrial conference early October and trial in November and I have just been shocked at my welcome to Meridian, Idaho, with something like that. We were here a few weeks and, wow, we are hiring an attorney already. So, anyway, I just really encourage reform of this ordinance and I'm very excited that the police chief is on board for that, that really gives me a sense of encouragement. Thank you very much. de Weerd: Thank you. Thank you for being here this evening. Yes. Josephson: Madam Mayor -- de Weerd: Good evening. Josephson: -- my name is Mark Josephson, I'm at 1841 East Sergio Court. I'd like to bring a couple things to the attention of the staff and the City Council, please. One is the breadth of this. It's not just running at large, as the chief said, it's not just not having a license, it's also a dog barking. A female that's not caged while it's in heat. It's a -- there is a number of different areas that need to be looked at that I think we can probably agree are not necessarily at the level of DUIs and at the level of spousal abuse. Having more than three dogs is a misdemeanor in this case. One of the things that Council brought up that there is no way to track it. I believe we have are already discovered that there is a current system for tracking according to City Code 628, impounding a dog there is first, second, and third infraction, there has to be a method to be able to enforce that code. So, if it's already there we can use it. The other issue wanted to bring up about damage. There is also a city code involving damage to property. It's 6217. So, a lot of the issues that we have, a lot of the difficulties have already been fixed, they are already there, I would propose that we move quickly, so the ladies and myself can stand before a judge in a couple of weeks and tell them that it's no longer a misdemeanor in this city, do you really want to pursue this. Thank you for your time. de Weerd: And, certainly, I think you will have a good indication as Council gives direction to our city attorney's office and our police department on how to move forward, so you can bring that with you. Council, discussion? Oh, yes. Sorry, Brian. Come on forward. Zaremba: Okay. I'll wait. Good evening. Draper: Thank you, Madam Mayor and City Council. My name is Brian Draper. I live at 1996 Kristen Way. I'm a member of the dog park task force and a long time Meridian Meridian City Council Workshop September 14, 2010 Page 43 of 102 resident and also a mailman. So, I -- I know a little bit about dogs and when they get loose and that kind of thing and they do a lot and a lot of times when the wind blows real hard, well, the gate's open and that's when I find the dogs running out on my route. You know, the people usually aren't home to put them back in. One of the things that the chief talked about was the fact that it's a misdemeanor to not have your dog licensed and the Council and Madam Mayor will recall back in May Ishowed agraph -- the dog park task force showed you a graph that showed that only about 3,000 dogs out of a possible 18,000 in Meridian are licensed at this time and so that means 80 percent of the dog owners in Meridian are committing a misdemeanor tonight. There is -- at the time you asked us to kind of look outside of the box and look at things and there is a program out of Fremont, California, and they have got a website and they show it and they got an enforcement policy that makes it an administrative fine, instead of a court fine, to have a dog not licensed and, then, they have -- they set up a -- it takes a little bit of software and some volunteers and staff work and you get -- once you get it set up and it's set up by using -- having a city ordinance for a veterinarian's report all rabies vaccination and, then, you have the name of the owner and the name of the dog and, then, the owners are given 60 days to get a license. And, then, if they fail to do so, then, you do a progressive fine with them. So, I'd recommend anyone involved with this look at that -- that website and see how they did that. It was Fremont, California, and it -- they seem to have a good program that really helps. de Weerd: Well -- and I think your point on that burden of proof, I think that the city clerk's office, our police department, our volunteers, have to prove that every single year is ludicrous and there has to be a way that we can record that and, yes, I did say that on the public record. So, to make it easier for those that want to license their dog and do the right thing is to show that proof of spade or neutered once and they shouldn't have to do it every year, so I guess as we look into record keeping and that sort of thing to, please, look at that as well. Draper: We definitely need a database where you can send out a renewal form, instead of just -- you know, what's going to happen this year again, like every year prior, in November I'll get a paper inside my city bill, with a bunch of other papers that says I need to license my dog this year and that's why we have such low compliance on it, because that's all we do to insure the people license their dogs. So, we need to do a little bit more, I think, and that would increase funds that would make it -- you know, I have paid for dog licenses since 1972 -- not the same dog, but -- but, anyway, all my fees have gone for enforcement against people that aren't following the rules. I followed the rules and all my money is just going for that and I'd like to see it where we are bringing the funds into where we could do other things. de Weerd: Thank you. Draper: Thank you for your time. de Weerd: Thank you. So, Council, how would you like to move forward with this? Meridian City Council Workshop September 14, 2010 Page 44 of 102 Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I think I would like to see a new ordinance that gives a tiered approach, starting with an infraction, backed by -- if there is no response, maybe a misdemeanor, but two infractions and the third one is a misdemeanor, those -- I mean that kind of approach. I would like to see the fine based on what it costs us to administer it closer to the hundred dollars than the 25 dollars, probably. And I would follow that with a question. For the people who have already gotten tickets and have a court date, can we notify the court that we are working on decriminalizing this or does that have any effect on previous tickets? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, I mean we wouldn't notify the court, we would notify the prosecuting agency and it's really up to the prosecutor as to whether or not they want to continue that, ask to continue it or what they want to do. We would just notify them that we are revisiting our ordinance and looking at making a change. The other suggestion I would make -- and I'm going to verify this with Boise city, but I think the system -- I think the -- the system of, basically, allowing payment initially to the city directly without it going to court for one or two offenses, but if the person doesn't appear even in the first offense, sending it to the court is a better tracking system than creating another ordinance or another law that they have violated and, then, sending it back. So, I think that's the model we will probably use, but I will notify the prosecuting agency tomorrow that -- where we are going, it's up to them as to what they choose to do with those cases. I don't know how many are still active or pending. There are, obviously, two, but I don't know how many others besides that. But I will notify them first thing in the morning. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I agree with Councilman Zaremba and what Bill Nary just mentioned about -- we do need to have something there that if people aren't going to be responsible and pay that first fine -- you know, we have Brianna taking the fall for her mother, of course, you know, and she doesn't pay, you know, somebody's going to -- they are going to have to come and do that, but -- and make sure that gets paid. So, if we have to do that as a misdemeanor to follow up to enforce that first and second payment, I'm good with that, and having that tiered approach I think works -- will -- can work, in my mind. de Weerd: I'm afraid my daughter would have let my dog stay there until I went to get them out, so I admire that. Any other comments from Council? Is this the direction that we want to move towards? Okay. Rountree: Move towards getting to pay for itself. We are talking about personal property and people's responsibilities. Meridian City Council Workshop September 14, 2010 Page 45 of 102 de Weerd: Okay. Well, we -- you have your direction. Okay. Thank you. And thank you for joining us. A. Mayor's Office: Strategic Plan Update de Weerd: Okay. Item 7-A is the Mayor's office strategic plan and, Council, you will hear this report. You know, these workshops were always put together for these strategic presentations and somehow, you know, two hours -- two and a half hours into our meeting we are getting to one of the main events and I'm not saying that just because it's the Mayor's office, but I can tell you that every single department puts a great deal of thought and time into these presentations and -- and so you will hear it, because I get to convene the meeting anyway. So, I'm going to go on the other side and if you noticed Robert is not with us tonight. He is in the hospital at this point. His wife is one month early and so their contractions have slowed and there is no baby expected this evening, but you just never know. Babies are going to come when they want to. So, Mr. President, I will turn this over to you while I go to the podium. Zaremba: Thank you. Okay. The next item on our somewhat scrambled agenda is the report from the Mayor's office and we have that in the competent hands of the Mayor. de Weerd: Well, City Council and staff, guests, we are very honored to be here in front of you to discuss our city clerk and Mayor's office strategic plan, accomplishments, and kind of where we are going in moving forward. What we will not be including is the economic development. For the most part is you will be getting a strategic update next month that will cover that aspect. You probably have seen the vision and mission. There is still discussion about what is a vision and what is a mission and it's 50-50 at this time, so what you see is what you get and you have seen it often, probably every single month. It's my pleasure to introduce you to some of our accomplishments in the clerk's office and the Mayor's office and in particular what we are doing in meeting our city's core values of CARE. The definition is we provide our best for the community we serve, we will provide quality service to customers, and positive development of our staff that promotes and expects accountability, respect, and excellence. And these are some of the things that we do in our offices to show that we care. Customer service. Again, the description is we will respond to customers in a genuine, positive, and timely manner and our actions will be solutions oriented, where staff meets and exceeds expectations by listening to customers and following through on their concerns. This is a list of some of those different areas that we do in our customer service and we believe we are customer service leaders in this city, among those in the state, where we have a initial response within 24 or 48 hours. We coordinate with all our departments as we usually fill those calls, e-mails, or et cetera, and we have to get them out to the departments that it relates to. Customer concerns are routed to those appropriate people and, then, we track that through the access database to see how they are responded and make sure that there is follow up. We bring to -- we bring the City Hall to the public beyond our walls through our town hall meetings, Coffee With The Mayor, and various community events. We are the point of contact for the media. We utilize Meridian City Council Workshop September 14, 2010 Page 46 of 102 our website and multimedia tools, like the video, RSS feeds, blogs, social media platforms, through Facebook and Twitter and we will take great pride in giving proper notice of all public meetings, utilizing our reader board, display cabinets, website, a-mail list and RSS feeds and I will commend Sheree in the clerk's office for how she displays these on our -- in our lobby for the public as they are going through, she takes great time and pride in how that is displayed and, again, those are ways that we brand our city, it shows a great deal of customer service and customer care. Accountability. There you have a lot of numbers. This shows the busyness of these two offices in fielding phone calls, public record requests, room reservations, et cetera. They do understand in the definition of accountability, we understand our role in the organizational team, know our jobs and accept that each of us is responsible for our own work, choices, and actions. These are just great examples of what work we do in the Mayor and city clerk's offices to step up to our roll and the accountability. Respect. We will be trustworthy and courteous. We honor and accept people with diverse opinions and backgrounds. We deal with a number of customers and each of those are respected for their difference scenarios, situations, and why they are coming to the city. They are treated as individuals and we assist them to the best of our ability. We do take the time to celebrate accomplishments of our staff and our citizens, because we think that that is one of our greatest roles in respecting what our citizens and our employees do for the livability of our community. Excellence. This summer we have had a great deal of recognition for excellence with the Association of Idaho Cities awards, the different magazines that have also recognized our city as good for families, good to live in and that we have civic citizens that step up and stand to be counted. We do have another great announcement on September 21st and we will this keep you wondering, because we have -- we have been told we can't tell anyone. But we did have to put it on here, just so you knew we had an announcement to make on the 21st. We also used printed materials and events to, again, promote our community and what we have branded ourselves as that premier place to live, work, and raise a family. Some of those events are the State of the City, MYAC's fundraisers that raised 4,000 dollars for the Food Bank. The Chinese cultural event and many others. This all relates to CARE. Customer service, of accountability, respect, excellence and they show that we do care. We provide our best for the community that we serve, providing quality service to our customers and the positive development of our staff. Values that certainly promotes these core values. The CARE values are reinforced through activities that you see in front of you and lead to the success our city among all of our city departments in achieving those excellence awards. Meridian is a premier place. These are our focus areas and initiatives and you will see this graphic in every department, thanks to Anna. And it guides our strategies, our activities, and our related efforts. That first one is economic excellence and you will notice that each of us have different strategies and initiatives that support each of these focus areas. To be a prosperous community we feel that you must have strong and diverse businesses. You will receive an update next month, as I mentioned, from Brenda on the strategic plan, our workforce development, and our business enterprise corridor, among others. It's important for us to be active and engaged with the business community through relationship building with our businesses, through visits, welcoming new businesses, streamlining processes, hosting business events, such Meridian Business Day, which is coming up on September 30th. Meridian City Council Workshop September 14, 2010 Page 47 of 102 And those are the built for business pieces. The design for living for economic excellence is relationships with our homeowners associations and we feel that those are vital and that's why we use our town hall meetings and we also believe that we do that through timely and relevant topics, using the web, Facebook, and Twitter. Strategic growth. These are different points of our strategic plans and initiatives and they are offered through exploring different programs and I think you will hear from Jaycee on what their office has done and looking at expanding our services and being that one stop shop and perhaps at some point offering passports. How they handle their business registration on alternative payment options for licenses -- licenses -- that's easy for me to say. I'm trying to speed through this and I'm not a fast talker. Number two is pursuing our federal grants and program opportunities, working with our other departments and looking at critical infrastructure needs. Building those congressional relationships and being -- communicating with them, looking at participating with our legis -- yeah, we have a real tough one in one of the offices. Participating with legislative transportation groups and other relevant agencies and organizations. Looking at infrastructure, as you no doubt have heard me say over and over again, like the Meridian interchange rebuild, Rails For Trails and partnerships such as that which you will hear soon with the Ada County Fueling Station. That last point is more in long range planning. How we work with our neighboring city planning areas, our business enterprise corridors and the capital improvement plan. Services that meet demands. Looking at areas such as a future post office. Having one in our community has certain been cause of concern for some of our citizens. We still continue to explore that. During the economy times it's probably not a reality, but it has not dropped off our radar. Website improvements, identifying realtime issues and working with various departments on issues like Spice or texting while driving and also responding with the appropriate support to program enhancements and ordinance changes, such as the automated trash pickup. Those are what keeps us busy. We also have relevant office programming through Meridian's Promise, MYAC, and the Faith Ambassadors Council. Program and fees schedules that are evaluated. Records retentions that are looking for updates and internal policies, improvements through operational meetings with our directors. Organizational excellence. Right now we are looking at 360 feedback evaluation and looking at how we can enhance those internal employee surveys. We are looking as senior management at team building and also at understanding how each of us operate, communicate, and interface with each other. It also included our PADS and working with the HR department on training plans and opportunities for our employees. We also have internal and external communications through different publications and our media relations, as well as promoting community through awards and recognition and our customer comment cards and the appropriate follow up. Stewardship of the public trust. We stepped out by I know in the Mayor's office by maintaining or reducing budget for FY-11. Our city clerk's office had a slight increase, but that was due to a particular enhancement. Our target fund neutral programming through the State of the City and Taste of Meridian, Meridian's Promise and the Mayor's CEO Book Club, looking at our relationships with city, county, and state and federal officials and also in developing that system for providing consistent, understandable, accurate and complete information regarding city records and access to city information. Ordinances certainly affect this area with agendas, public records, publications and Meridian City Council Workshop September 14, 2010 Page 48 of 102 responding to meet state requirements. Moving forward, I will turn this over to Luke, who is stepping in for Robert and -- Luke. Cavener: Thank you, Madam Mayor, Mr. President, Members of Council, as the Mayor said, I will be trying to fill in a little bit for Robert as, obviously, he is away. The next part of this presentation is really to talk about moving forward, what we are doing and where we are going to be going. This will provide an update on the programs we offer and some of the major initiatives that we are looking at moving forward. The first one is the Mayor's Youth Advisory Council. They are an amazing organization. They had their first meeting last night. We had a little over 50 attendees, a lot of new faces and a lot of returning faces. They have three subcommittees. The community, they continue to do a variety of different events, public service events in the community, looking to continue their partnership with Rake Up Meridian. Their first service project will actually be this Saturday, so a weekend, they will be volunteering at the community block party. Government affairs subcommittee will continue to remain active, there is a variety of different issues discussed at the legislature, including texting while driving. The Teen Activities Council, which was brand new last year, will be returning again this year, providing a monthly event for teens in our community. I think we will see their -- their main focus will be on leadership and media. We have really found last year that there is a lot of tech sawiness amongst this generation and they really want to do a variety of different projects and the youth council wants to be a place where they have that opportunity. We are going to be partnering with the Meridian Chamber for an event the end of October called Mad City Money where we provide that leadership training element where the youth will be learning strong financial skills to -- that they will be able to use their entire life. We are also really excited to explore the opportunity with police and fire for a mini version of the public safety academy that will really be designed for our youth and a quick really exciting story. There was a student that was involved in youth council that graduated last year and did the police ride along this fall. It also happened to be the same day that the gentleman in the Bermuda shorts decided to rob the Bank of AmErika at the Albertson's and I got a phone call from Devon that day thanking me for the most amazing experience of his life and that he's really decided to get involved in law enforce and come back to Meridian and I said, you know, the gentleman in the Bermuda shorts is the -- I guess maybe the one you should be thanking and, of course, our police department for -- for taking him out. I didn't mean it so much like that. Another organization that I have spoken to you time and time again is the Mayor's Faith Ambassador. They have really done a lot in our community over the past six months. One of their big projects that they focus a lot on I Heart Meridian, which is really a people first approach to service projects where other organizations they were going to paint with a brush, so we are going to paint the town or do a Rake Up Meridian. I Heart Meridian is finding what are those individual needs within our community and how can they be addressed to just provide meal services for neighborhoods and apartment complexes, where others did service projects, like yard maintenance, school supply driver, and cleaning up our schools. It was a huge success. A lot of them are really looking forward to continuing those relationships. It wasn't a one and done, if they want to continue to build a relationship with those people in the neighborhood and be impactful in their life. Really, this project came about Meridian City Council Workshop September 14, 2010 Page 49 of 102 through a partnership with Capital Christian and Pastor Mark Thornton, who is really the driving force behind I Heart Meridian and in a Faith Ambassador's meeting one of the people that was in attendance said wouldn't it be great if we could have a community wide block party. And I said, yeah, that would be great and this was in June or July and they said we'd like do it in September and, okay, let's make this happen and what's been really great is our community has really come out to support this event as a free family friendly even that will be happening this Saturday on September 18th. Project Filter has stepped up to be the title sponsor and we have received a lot of -- a strong response from impact radio and BOB FM is going to be promoting this and all of their radio stations and it's going to be a great event for people to come out to a free barbecue, Cheerleaders is going to be cooking up a bunch of food and it's going to be a great way to end the summer at Settlers Park. Also it will be the last day of the splash pad, so we expect to have a lot of people come out for that. And now I will turn it over to Shelly Houston who will share with you some information about Meridian's Promise. Houston: I'm Shelly from the Mayor's office. I'd like to think if the city were an apartment store, I work in the toy department, because I get to do a lot of special event planning and especially I get to work with the younger children here in town. So, I really enjoy that. As part of my duties I coordinate Meridian's Promise and that's an alliance of local businesses, churches, schools, individuals, service clubs, groups of people and individuals that care about kids and together as a group we agree that there are agreed promises that our community must absolutely keep to every child in order to give them a good start in life and those five promises are caring adults, safe places, a healthy start and future, marketable skills and opportunities to give back and so everything we do is kind of focused on fulfilling those promises to youth and we have various service projects and family friendly activities throughout the year that align with the various projects. Free family fishing day is an example of kind of our new signature project that's really been successful after two years. We also have job fairs, Old Town community cleanup and we are also looking at new projects, such as something called lights on after school where we want to have like a resource fair to show parents and care takers all the possible activities youngsters could participate in after school, whether it's, you know, dance studios or karate lessons, arts and crafts, any type of -- you know, tutoring services, all those types of things that maybe don't come to the top of mind. So, that's something we are looking into. We currently have 64 Promise partners. These are dues paying people that, like I say, adhere to our five promises and we are going to be having a big membership recruitment campaign soon to even add more partners. We are in good shape moneywise. Membership dues are only 50 dollars and revenues exceed expenses. The other program that I'm really excited to coordinate is the Mayor's and CEO's kids book club and we are able to serve 90 children in grades three, four, and five and many of them probably don't own their own books, but through sponsors that pay a fee and agreed to be reader leaders, along with the Mayor, we are able to hold monthly book club meetings and children receive beautiful hard cover books, not like those little cheesy paperbacks when we were kids. Remember the weekly reader. I remember ordering those books. These are beautiful hard cover books that they can really keep and save and maybe share with siblings. So, as the students go through the book club they will be building their own little library. Meridian City Council Workshop September 14, 2010 Page 50 of 102 Again, it's very much a financially sound program. Our sponsors this year, we are thankful that Bank of the Cascades, CH2M Hill, Micro 100 Tools, Blue Cross of Idaho, United Heritage, St. Luke's, Citicard, and Cable One. Those are nothing to be sneezed at. Those are our main players here in the Treasure Valley and we are proud they are participating. So, all is well in the toy department. Jaycee Holman, you're up. Holman: First of all, I'd like thank to my staff for sticking around this long. I owe them bagels. And I'd also like to thank them, because I truly mean it when I say they really make me look good. When I go on vacation I actually miss coming to work and seeing them every day. And there is probably not a lot of jobs that you can say that. So, I think what probably best encompasses what we do is our mission statement. It really summarizes very well in one paragraph everything that happens in the clerk's office. We are definitely not the toy department. The office of the city clerk maintains the integrity of the city through the legislative process, administrative and technical support, dissemination of accurate information and archiving official documents. The office provides support and administrative services to the Mayor and City Council. All operating departments and the public, while maintaining for the city an essential formal link with citizens, area businesses, other jurisdictions and a wide variety of public agencies. I think we are a central communications conduit oftentimes from the City Council to the public and from the public back to the City Council. People come into us for all types of information. I don't want to go through everything we do, because it's probably not quite as glamorous as some other departments, but one of the major projects that I was tasked with when I took over the city clerk's office over two years ago was to first get a handle all on of our records, which through my staff and myself we have really made a lot of progress in the last two and a half years. The other major project that I was supposed to tackle -- and I believe it was, actually, even brought up in my interview process, was the records retention policy and rewriting or working with legal to rewrite a policy that is actually more easily used by the other departments or easily interpreted I guess. In August of 2007 you adopted Resolution 07-573, which, actually, adopted a formal records retention schedule for us. At the time what we had was a template from the association of Idaho Cities and we adopted their template, which did a good job of encompassing all of the records that -- that we have to keep according to state statute and the length of time we keep those records. What was adopted was done more in a paragraph form and so it's a little bit difficult to use it as a -- I guess a usable document to find whatever type of records you have and how long you retain it and when you can get rid of it. Other departments usually call me asking -- read the policy and, then, I call legal. So, what I proposed was working in conjunction with the legal department with Andrea and with Emily and we have been working on converting it from a paragraph form to actually more of a table. So, any department -- each department would have their own kind of alphabetical table of their records and be able to just go down the list and see what they have got. So, we have been going department by department working through rewriting this and working with key players in each of the city departments to come up with an all-encompassing document. So, we are done finalizing ITM planning and we are about halfway through with development services and hope to move through all the other departments and present City Council with a revised or an amended records retention policy next summer. The other part that Meridian City Council Workshop September 14, 2010 Page 51 of 102 we have spent an awful lot of time doing permitting and licensing. While the economy has seen a downturn and probably less business in certain areas of what we do, we have gotten a lot busier with licenses and permits as people look for different ways to make money, different ways to promote their businesses. We do a total of around nine types of licenses and several of those have different subcategories. We see increases in -- a lot of increases in our massage therapy license, increased by 140 percent. Mobile sales units increased by 50 percent or 56 percent. Mainly what we have seen as the temporary use permits have really increased from 19 permits last year to 97 this year. Now, the temporary use permits are the ones that take the most amount of time. Our average or what we believe our average is right now is two to two and a half hours of our staff time. That doesn't include the staff time of the other departments. So, we have just had an awful lot of temporary use permits, promotional sales unit permits, citizens use permits and we anticipate -- I just happened to be thinking a couple of weeks ago when I saw the events going on in some of the bigger parks in Boise -- when Kleiner Park comes online it's definitely going to increase significantly staff time, not just in our department, also parks department and all the departments that are sign off on these temporary use permits. Nancy Radford in our office is also working on putting together a letter to make businesses more aware of the temporary use permit ordinance, because a lot of times they put on events for promotional sales units and they don't know that they are supposed to actually have a permit for that through our office and, you know, one of the major points of the temporary use permit in getting it is a lot of life safety stuff that goes on. So, police and fire have an opportunity to take a look at what's happening and have their input. So, the current licensing employee is Nancy Radford, she handles all of them. I will stay that we have had Machelle Hill and Nancy -- or, I'm sorry, Sheree Finche step in and help her. This year she was pretty overwhelmed and so we had to actually off load mobile sales units and massage therapy licenses, temporarily to Machelle while we were going through all annual beer, wine, and liquor licensing renewals and the fireworks. So, right now that's working, because Machelle's job is primarily dealing with Planning and Zoning and packets and everything to do with planning projects. That won't always be the case and so we have looked at other ways to add additional revenue stream, because we know we are going to need to have another licensing person at some point in the future, it's just a matter of time. Passport services is something that would probably be a good addition to the city clerk's office, simply because Ada county quit taking passports and right now citizens of Meridian or west Boise or any of those areas want to get passports they have to go down to the post office, that's their one location, or I believe Canyon County Courthouse you can get them there, too. So, I do believe it would be a good thing to add for our citizens. I would envision a lot of people using that. What I'm going to be doing, too -- when we put together our fee schedule for temporary use permits and all these different types of permits, it really was spearheaded by Emily in the legal department at that time, it was a couple of years ago and she put together -- got all the departments together and they estimated their time for different permits and, then, we came up with this fee. We are going to be looking at that again, because now we have a lot more experience with especially temporary uses, to see if we are actually charging the correct fee for that as -- we just need to reassess everybody's time and that includes looking at all the licenses and permits, the room reservations, because we also handle all of those, too, Meridian City Council Workshop September 14, 2010 Page 52 of 102 and that has become pretty well apart-time job for Sheree. So, our department is definitely -- I always make a joke that I think I was on the job two weeks and I was still scared to sit up front and they were talking about this temporary use stuff and Robert volunteered that the clerks would do the temporary use permits and I thought, oh, that would be fine. Well, he got me. So, anyways -- yes. So, I'm hoping to review all of those fees and permits and come up with an idea and any of the possible changes and bring that back to Council in November, so -- are there any questions that you might have for me on anything that the clerks office does? Because it's awfully exciting. No? Okay. Thank you. Zaremba: Gentlemen, any questions? No? Thank you. Cavener: Thanks, Jaycee. Now I'd like to talk to you a little bit about our outreach plan, which is another area of focus in the Mayor's office and it is a campaign to communicate information regarding the actions and activities from the city to our citizens and ultimately what that boils down to is that's the city's ability to tell our story to our community. We have developed an internal and an external plan that would allow us to also foster better communication amongst our fellow staff. Our website continues to be the gateway of our services. In the Mayor's office we sometimes refer to it as the mother ship, because we constantly use our -- all of our external processes to bring people back there. In looking at numbers, since June 3rd we have actually had 82,181 views on meridiancity.org. That's from 37,143 unique visitors. So, in the past three months we have had, you know, almost 38,000 unique people coming to our site to use it for a variety of different services. A lot of people don't know this, we have over 5,500 unique pages of content on our website each, you know, serve a different individual that's looking for a unique piece of information. We continue to use our website to send out our publications with the city news on the annual report. Our community calendar is one of our most visited parts of our website where people wanted to know what's going on in Meridian. We have added some new components to our website. You have heard before about our use of social media, Facebook and Twitter. This summer we began a new program called This Week In Meridian that I will share with you a little bit here in a moment. What we really have tried to do in the Mayor's office is continue to use traditional outreach methods. So, sending our press releases, coordinating with the Statesman, doing things that have kind of been the tried and true ways of getting our story out. In addition, we have used a lot of new methods, such as department blogs, our RSS feeds, social networks, our video and pod casting and what we have seen as a lot of -- a lot of communities across the state have taken notice of what Meridian is doing and saying, wow, Meridian has been really successful with Facebook and they have been really successful with Twitter, so they adopt something like that. What I think where Meridian really succeeded, we do that in addition to what I think are the best methods of communicating with our community and that's face to face and other means of communicating face to face communication by using social networking, we haven't done that. We continue to have our town hall meetings, we continue to have our Coffee With The Mayor, which are a great opportunity for the public to interact with the city. This Week In Meridian video is a one and a half to three minute snapshot of what's going on in our community it's on our city website, it's put on Facebook and we use Meridian City Council Workshop September 14, 2010 Page 53 of 102 different people from within the city, a new department is represented every week to share that information. So, we really accomplish two things, we share the information with the community and we also expose the community to different faces within our city departments. Some faces are more popular than others. I think my video was probably the lowest viewed. I think we had like only 120, as opposed to 300 when the Mayor's on, so I guess I have a face for radio, as I think what I have learned from that. We continually look at our external outreach plan. Currently there are some videos that were produced by CGI. Those videos will disappear in February of 2011, they will be replaced with some of the videos that were shown at the State of the City address, as well as some additional videos that we are in the process of producing that focus on transportation, education, and helping people in the environment, like the This Week In Meridian continues to be one of our most popular sections of our website and on Facebook. This week we will be shooting a pilot episode for a TV show on TVC TV called Celebrate Meridian. It will be a monthly show that highlights things that are going on in the community, staring our Mayor. We are really excited to go down this road and find another unique way to speak to the community. We have discussed -- or Robert had discussed with you the webcast -- initial webcasting of City Council meetings. In addition, some of our other departments are looking at producing training videos, such as our police department, fire, and human resources. There has been some ideas and some excitement from Public Works to create some informational videos as well. The internal outreach plan is really a unique way to have all the different players within different departments of the city work together to make sure that we are sending out the same message. We have established an outreach committee, which will contain the primary public contact individuals for each of the departments. We meet every other week to coordinate items of a citywide interest and I think this will be a great way to make sure that the left hand is always still talking to the right hand. As our community grows people are in the know about different things and it's a great way for us to be able to share information. We are in the process of putting together a city survey. We are continuing to move forward with that plan. In fact, a vendor that will be administering the survey was selected yesterday. The survey will be completed this fall and the results of that survey will be presented to Council in November. One of the key components is to provide a mechanism for the citizens to really have input on the key measures and issues that are going on in our community. Relating to the webcasting of City Council meetings, really what's great about webcasting is it really brings greater transparency to the public, it opens up the ability to do this with other meetings, other commissions, community events, et cetera. It's also a value added service, both for our citizens and for our staff. In fact, I think that if -- if we had this up now Robert would probably be watching this meeting from St. Luke's, pacing back and forth, making sure that we are hitting every point. Funds currently exist in the fiscal year'12 budget for this project, as well as the fire department video conferencing project. It goes hand in hand with the -- with the energy efficiency goals that have been established through the Idaho Power grant. We have done a lot of research as it pertains to webcasting and we have been able to learn a lot of information from what other communities have done. Boise on one hand spent a ton of money, over 100,000 dollars. They had a funding mechanism in place through the franchise with Cable One. ACHD went the other route and spent roughly 15 to 20 thousand dollars and what they learned is that they wished Meridian City Council Workshop September 14, 2010 Page 54 of 102 that they would have spent a little bit more and had technology that would have been able to last them a lot longer than what they initially thought it would. Eagle has recently experimented with webcasting. They plugged a video line into the internet. It worked well for some, for others it didn't. If you were looking to see video it wasn't really happening. The audio stream did come through and they were using that as a test pilot to explore their ways of webcasting city council meetings. The proposal that Robert has talked to you a little bit about is what -- what pieces of equipment would be necessary to do webcasting. We are proposing that we do three cameras, one behind Council and two midway back. We'd remove the camera in the back wall and provide that to the fire department for their video conferencing project. We would need one camera controller to control the cameras. Obviously, the installation cost. What's great about this is we initially thought that to do a project like this would require a video server. We have worked with IT and have determined that there wouldn't be any need for a server to continue with this project. All video that we shoot we would save online for three months, maybe longer, depending on the size of the files. There are, obviously, some options that we can look at as far as if you wanted to do less cameras. We would be looking at a cost of about 6,000 dollars, plus the installation for three cameras, 4,700 dollars for two cameras, 3,400 dollars for one camera and zero dollars if we just use the existing camera that's in place. In order to get the video that is -- that is going on in this room we require a piece of equipment called a tricaster. The tricaster enables the showing of information to be presented at City Council. This piece of technology is utilized by ACHD and a variety of local high schools. It's also a piece of technology that was recommended to us by Treasure Valley Community TV. They have a variety of different models that range from 9,000 to 25,000 dollars. ACHD uses their model called the broadcaster, it's a 12,000 dollar version. Again, they have had some lessons learned that they wish they would have went for the 15,000 dollar model, which is a TCX-300 and that's the model, actually, that we are recommending that we go with for a variety of different reasons. It's important as departments are looking to create educational and training videos. This piece of technology would assist with that. We could, actually, also use it to webcast events like the state of the city. It's a portable unit that fits in a backpack and we could take it with to do a variety of different events. Other recommendations would include replacing some of our microphones to push to talk. Fewer live mikes would improve the overall system, the performance and the sound. Each mike has a fixed cost for replacement of 261 dollars and what we would actually recommend is replacing the nine dias mikes at a cost of 2,349 dollars. We could replace all of mikes for a little over 4,000 as well. And Ithink -- I tried to throw a lot of information at you guys very fast, I apologize for that. In the interest of time I wanted to get it all out. And I could stand for questions or I can sit down, if you have questions for the Mayor or for Shelly. Zaremba: Gentlemen, any questions? Rountree: I don't have any. Bird: I don't have any. Meridian City Council Workshop September 14, 2010 Page 55 of 102 Zaremba: Very thorough. Thank you. Cavener: Excellent. de Weerd: Well, Council, we appreciate this opportunity to present in front of you and I would like to thank our staff. You know, I don't think anyone would argue with me in saying they make us all look good and -- and that means not only myself and the City Council, but our entire city. And so my thanks to the Mayor's office staff, clerks office staff, and certainly I am always thanking the rest of them. Thank you. Zaremba: Thank you. Bird: Mr. President, I would second that. C. Legal Department: Discussion on Texting While Driving Ordinance Zaremba: All right. While the Mayor is making her way back up here, let's go ahead with Item C, Legal Department, discussion on texting while driving. And police. Nary: Thank you, Mr. President, Members of the Council. You have in your packet a proposed ordinance for your review. I believe -- let me look real quickly. As you well know, we had a number of discussions last legislative session. The Mayor's Youth Advisory Council had taken on a project to attempt to pass a statewide code that would prohibit texting while driving. I think it got down to the last day of the legislature and they didn't have enough time to vote on it due to some other reasons, but they did an excellent job of putting together a state code and getting it through both the Senate's committee and as well as the Senate as a whole, as well as the House committee to the House floor. Not wanting to simply wait for the legislature to see whether or not this was something that gets on their radar screen again, we were asked to craft a texting ordinance. I'm sure Chief Lavey has input as well, but it's a fairly straight forward ordinance, it really is just to remove the section of our City Code that doesn't apply any longer and inserts this particular offense in there. It's very similar to what was brought about last year by the Mayor's Youth Advisory Council. It does exempt law enforcement and emergency personnel, so that there isn't -- part of them doing their job requires an act that's similar to texting, but it's not like using a hand held device, it's not quite the same thing and we certainly don't want to impact law enforcement with this. I think -- if I look real quickly on your packet, I think you just have the ordinance itself. I do have copies of -- city of Twin Falls passed an ordinance about a month ago, maybe even six weeks ago prohibiting texting while driving as well and it's actually for the use of wireless communicating devices. I also have a copy of the state code if you would like some time. I know we have run long tonight, so if you'd like some time to digest this, as well as you would like me to follow up with the Twin Falls ordinance or the state code that was proposed last year, I can provide those to you. Bird: Madam Mayor? Meridian City Council Workshop September 14, 2010 Page 56 of 102 de Weerd: Mr. Bird. Bird: Bill, so I don't have to read through the whole thing, this -- this -- you say does not include the police officers or safety people that are -- regarding texting and on cell phones and stuff? Nary: Right. Yes, Council Member Bird, it does exempt the law enforcement, fire, emergency personnel. de Weerd: Although, Mr. Bird, I guess I will say that at the operational meetings the directors have been talking about a citywide internal policy about texting while driving and cell phone use and I certainly know that -- that the chief has strong opinions -- probably either chief -- both chiefs or whatever -- that they may care to comment, but, you know, I know I have heard our deputy chief of police talk about you better be pulled over when you are on that phone or texting, so there is -- Bird: Madam Mayor? de Weerd: Yes. Bird: And that is my point right there and that is one of the reasons that it didn't get through the legislature is because it's kind of like the old adage if you're -- there are not too many public here, so I can say it. de Weerd: It's on the public record, though. Bird: Yeah. I don't care. It's on the -- it's like the old adage if you're a police officer and you sit in a bar the night before and drink with a guy and, then, the next night pick him up for DUI, I can assure you that -- that while they are very competent drivers and stuff, they can be distracted also with the texting and -- I don't know how they do it, the texting part. I don't text, so I don't have any idea how they even -- how you even think you could text and drive, but I guess we got kids and everybody else that can. We can't, that's why we have got a few people six feet under, but I -- I have a real problem if we don't include it with everybody and I mean I know there is times within emergency services that they have to. Now, in a fire truck I don't believe the driver probably has anything to do with the radio, other than the fact that he's got his headset on and he's got a guy next to him. Well, a police officer don't have that luxury of having somebody sitting beside him taking care of all that stuff, so I have got a real concern about where to draw the line. de Weerd: Would either of you like to comment? Lavey: Madam Mayor, Council, I do have strong opinions about the other chief. But don't believe that's what we are talking about. Meridian City Council Workshop September 14, 2010 Page 57 of 102 de Weerd: I don't think I asked you that. I said would you care to comment. Lavey: I have a few comments I'd just like to state on the record and we are just soliciting some feedback from Council at this time. But the state focus was on inattentive driving and it being a primary offense and it did fail the legislature due to a whole bunch of issues, not just the one. Bird: I realize that. Lavey: And the inattentive code doesn't work by itself. It's harder to prove in the court system. It requires a lot more -- it requires a lot more work. And there is a defense where someone may say, well, I can do both, I can actually text and I can drive and don't believe that, but if -- if that's -- if that's their defense and they can do both, then, it would not be inattentive driving. Texting has been shown to be as bad as drinking and driving. I suppose we could argue on whether it's one times as bad or four times as bad or six times as bad, but it has been shown to be as bad as drinking and driving. One of our talking points was we need to intervene before the driving becomes deadly. It already has become deadly. We have already had that unfortunate incident here in Meridian. We are looking at drafting a city ordinance, which is an infraction, not a misdemeanor, based on this same sort of concept we were discussing on the dog at large ordinance, a tiered approach, whereas, it would be an infraction for first or possibly second penalties -- excuse me -- violations and, then, the third time it would be a misdemeanor. There is a clause in there that says -- excludes law enforcement and emergency vehicles. We did not ask for that to be put in there and we do not have a problem removing that, because I do not believe that our officers, nor our public safety personnel, should be texting while driving. Period. It does go further into the cell phone use and there is a training aspect on that, but as far as texting while driving, there is no business for them to do that behind the wheel. If they are going to be doing that, they need to be stopped. So, we are not opposed to having that removed. There is a clause in there that talks about not applying to phone calls. That -- although I -- I support that as well, I do believe that we are taking on a bigger project if we try to approach that as well. And it's police department's opinion that it's the best way to educate to enforce and to prosecute offenders. And with that I would turn it over to the fire chief if he may have some comments. Niemeyer: Madam Mayor, Members of the Council, first off, if you need anybody for Chief Lavey's 360 feedback evaluation, I'd be happy to participate in that, if you're looking for anybody. de Weerd: I don't know if you will show up on his list, but you might show up on mine. Lavey: It will be on a list. Niemeyer: I support exactly what Chief Lavey just talked about and, Councilman Bird, you are correct, in our fire engines it's a little bit different scenario, because we do have a captain that's responsible for data terminal and the communications of the vehicle and Meridian City Council Workshop September 14, 2010 Page 58 of 102 because he is not driving he can take a phone call, but we have educated our captains to take that phone call only if it's pertinent to the call itself. With respect to our chief officers, they are in a very similar situation as a police officer in they are a one person in a vehicle driving by themselves, so they don't have that second person to be watching for traffic. So, we absolutely support removing that language to where we fall under the same regulations as other city employees. I think we do need to identify responding in afire engine in that description I gave previously. I don't support texting while going to that, that's not something we do anyway on a regular basis. Certainly there are times where you get information going to a call that you need that information, but with our chief officers the direction I have given them if it's that big of a deal, pull over, stop, take the information and, then, continue. Most of the time they will wait to get to the scene and, then, take that phone call from dispatch if they have to. So, we want to certainly keep our folks safe and part of that is having policies and regulations that do that. Bird: Madam Mayor`? de Weerd: Mr. Bird. Bird: Yeah. And I'm a hundred percent for this -- for this draft ordinance, but I think you got to -- you got to be point, I mean our police officers that worked in -- from '98 to 2001 -- 2001, they could text, do anything, because they had to listen to about four microphones in their ears when they were on duty in those days. So, those older guys could do it, but I think the newer ones probably can't. Anyway, I believe that it's something we should bring forward. Where we draw the line, Chief Lavey and Chief Niemeyer are on board with what I would think would be right and I'm in favor of going forward with it. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: A couple questions for Mr. Nary. Bill, the first line texting while driving a moving motor vehicle shall be prohibited. Moving motor vehicle, if a vehicle is stopped at an intersection, there is a red light and they respond to a text, is that a moving motor vehicle, even though it's stopped? Nary: Council Member Hoaglun, no, it's not. Hoaglun: It's not a moving motor vehicle, even though the engines going and when the light changes they proceed -- okay. I just wanted to be sure about that. Nary: Yes. Hoaglun: The next paragraph, texting as it's used in this section shall be defined as engaging in the review preparation and/or transmission of a typed message -- on and on. My wife text me that, oh, can you stop and get some milk on your way home. If I Meridian City Council Workshop September 14, 2010 Page 59 of 102 whip that out, it buzzes, I look at it, oh, she wants me to get milk, I set it down, review in that case would mean I was texting while I'm driving; correct? Nary: That's what the definition -- it's meant to deal with the distraction that's caused by that. Obviously, receiving a text message you can't control that, but reviewing it while you're driving in a moving motor vehicle certainly does cause the same type of distraction that is -- probably a little less than typing a message out with your finger, but, still, it's -- it was meant to address that, yes. Hoaglun: But to review it at the -- stopped at the light, I review it, oh, I respond real quick, yeah, I will take care of that, the light turns and off I go, I set it down, then, there is no violation. Nary: No. Correct. Hoaglun: Okay. Thank you. Lavey: Madam Mayor, Mr. Hoaglun -- and this is for Mr. Nary, too. I believe that maybe we should write it vehicle in motion, because that's what we are getting at is when the vehicle is actually in motion. So, if it's stopped at a stop light, stopped at a red light or something like that, you're not creating the same sort of hazards as you would if the vehicle is in motion. de Weerd: Unless you're stopped five minutes at a stop sign and they are not moving because they are still texting. Lavey: Now that's inattentive driving. de Weerd: That's where the horn comes in. Bird: Madam Mayor? de Weerd: Yes, Mr. Bird. Bird: For my clarification, if you're -- if you're in a driving lane, even though you're stopped at a stop light or a stop sign, aren't you still in a movable vehicle -- a moving vehicle? Lavey: As the codes have been written on texting, they allow it to be done while the vehicle is currently stopped. I guess a definition of that would be the vehicle is lawfully standing at that time, it's not in motion. Bird: Even though it's in an active lane? Lavey: But that's purely your preference. If you want to be more specific and you cannot do it at all when you're behind the wheel, we can sure entertain that. It's really Meridian City Council Workshop September 14, 2010 Page 60 of 102 your preference. We were just trying to be a little bit more lenient and allow people to do that at some times. Bird: What can you defend, Bill? That's what I need. I mean I don't want to get something out there that -- that is -- you know, we can't defend, that's just thrown out there. Nary: Madam Mayor, Members of the Council, Council Member Bird, from a -- from a legal standpoint -- any one of them are defendable. Prosecutionwise it's always going to be a challenge. I think the thought process when we went through this last year with the legislature was there is some logic to folks saying I'm sitting at a light and I looked at my phone and, you know, I saw that I was supposed to pick up milk, I didn't do anything. I looked at it. I'm sitting at the light, it's not really that much of a risk to anybody. So, trying to figure out what makes the most sense for people, lawfully you could certainly, as the chief said, if you wanted to prohibit any use of a device -- I mean we have included in here that if you have a hands free device, a voice activated device, that's fine. There are certainly studies that say even talking on the phone while you're driving can be a distraction to people. So, it really just depends on what level of degree and where do you want to start. I think by prohibiting it while the vehicle is in motion at least is a little bit more clearly defined than if the vehicle is on. You know, right now in the state of Idaho DUI -- if the car is on that's a DUI. It doesn't have to be moving, it just has to be on, so -- but there the risk is that you have got a drunk person behind the wheel that could put the car in motion and so that's a little bit more concerning. We didn't want to deal with people that are stopped at a light and that, technically, they are not DUI anymore. That doesn't make any sense. But here we are talking about an act that I guess arguably could be done safely when the vehicle is on, but not in motion. But, again, it really is your folks preference on how you would like that to be. Bird: If the chief feels safe with it, I don't have have no problem with it. I just wanted to make sure we was clear that we wouldn't be having a bunch of problems when we cited people. Nary: I certainly think we can delete the provisions that exempts law enforcement. I think what was -- what was discussed at the legislative level was a concern by -- by some law enforcement agencies that the definition of texting would impact their ability to use the mobile data terminal in the vehicle that they have to use while they are driving, they have to -- they have to sometimes do it while they are driving and Idon't -- I mean, really, we have tried to focus on hand-held devices, these are not -- those are not hand- held devices, they are generally mounted in the vehicles, they are not -- they are not something they carry on their lap, so I don't see it really impacting law enforcement and certainly as Chief Niemeyer said, not -- it wouldn't impact the fire use at all. We could certainly take it out as an exemption, because I agree with Council Member Rountree, that sometimes those exemptions for ourselves are what irritate people more than anything, so -- Zaremba: Madam mayor? Meridian City Council Workshop September 14, 2010 Page 61 of 102 de Weerd: Mr. Zaremba. Zaremba: One similar. Do -- I guess they are not ours, they are the county's, but do the ambulances have a second person in the front, so that the driver doesn't have to be using the equipment? Niemeyer: Madam Mayor, Members of the Council, Councilman Zaremba, they do, they have two people in each ambulance and they actually have their cell phones in the back in the patient compartment and use them exclusively for calling the hospitals. So, they don't even use them. Zaremba: Okay. Thank you. Hoaglun: Madam Mayor, just a comment further, I think allowing people to text or e- mail, whatever when the vehicle is stopped at a light, I mean you can see it when I'm on Eagle Road in the morning and you hit the red light, you know you have got 90 seconds and, then, you kind of look around and you see everybody in their Blackberry prayer, you know, and it's -- and, then, the light turns on off everyone goes. So, it's -- it's something that people do and most responsible people will not text when you drive, because you cannot do both and I won't do it, but the light turns red, yeah, I'll take a look and see who is texting me or e-mailing me and respond quickly if I have to. So, beyond that Ithink -- I think we can make that -- make that work. de Weerd: Okay. Council, then, do you want to move forward? What's the next step on this? Bird: I do. Rountree: Madam Mayor, I'd like to see comparison with the ones that have already been enacted. Twin Falls I think is one of them. To make sure we haven't missed something or they might have had a phrase termed better than we did or --Ithink there is advantages of having similarities, particularly as you get into difficulty prosecuting these, at least you're going to have some uniformity in the legal decisions and my belief is that if the state actually does something, the state law will supercede this, but if there is something in ours that isn't picked up in the state law, do we, then, have two sets of ordinances and/or statute that citations can be issued under and do we want to put ourselves in that situation? Nary: Madam Mayor, Members of the Council, Councilman Member Rountree, potentially you could have a city infraction that is different than the state code, it just depends on what the state code, it just depends on what the state code language is and -- I mean we can revisit that if that's the case. I think we have tried to mirror the state at how we looked at it last year, but I mean that's -- potentially cities can have their own infractions that are -- that are not covered by the state code, but it's just going to depend on what it says. In Twin Falls I will provide you this in written form. In Twin Falls, Meridian City Council Workshop September 14, 2010 Page 62 of 102 basically, it is for -- it says no person shall operate a motor vehicle while using an electronic, wireless communication device to write, send or read text-based communication. It appears in my reading of this it does not matter if the vehicle is in motion, it just matters if you're in it, so -- which, again, I don't how -- how their enforcement's been -- I don't know. Rountree: That's fine. Let's move it out. Nary: Okay. Rountree: See where it goes. de Weerd: Okay. Lavey: Madam Mayor, Council, one last thing on that. When I was talking to the Boise prosecutors today on another. ordinance we are going to propose soon, the Spice ordinance, we talked about putting a sunset clause in there that, if, in fact, the state does develop a law, that ours would go away, so that's a possibility. But I don't know the legal term on that. The other thing is is that if, in fact, we did have a state code and we did go into the misdemeanor portion of it, we would definitely be training our officers to go to the state code, because, then, they will be picked up by the county and not by the city, so those are a couple thoughts as well. de Weerd: So, I guess is to move this forward and as we bring it on for public hearing to have the comparisons to existing. I think Twin Falls is the only one in the state of Idaho, that we may need to look outside the state for a couple of other examples. Lavey: Sandpoint, Idaho, one another one. de Weerd: Oh. Okay. Bird: I was going to say, Sandpoint has one, too, I think. E. Planning Department: Transportation Priorities, Transportation Studies and Transportation Projects Overview - Includes a Discussion on Future Roadway and Pedestrian Projects for the City; an Update on the Airport-Overland Alignment Study; and an Update on Construction Projects de Weerd: Okay. Thank you. The next item is -- I guess it doesn't say this, but all things transportation, since that is your -- your branding there, Caleb. Hood: Thank you, Madam Mayor. I will take that as an introduction and we can all go home like you did for the rest of the staff. No. I do have some -- some things to run through with you. I won't touch on all things transportation this time, realize that we are already at a late hour and we still have a few items to get through, but priority projects. Meridian City Council Workshop September 14, 2010 Page 63 of 102 So, we are approaching the fall and during the August 5th Transportation Task Force meeting, took this same discussion to the task force. They haven't formalized their recommendation to the Council yet, but they do have some draft recommendations that I want to run by you, see if you have any input back to them. We are going to meet again on Thursday to finalize that recommendation and, then, I will bring it back to you for the final time on the 28th of this month, so I will be back in a couple of weeks. We do need to have the Council endorse a list of community programs projects prioritized and completed and over to ACHD by October 1. So, we have got a few days. Again, will here on the 28th again and I we will send it over to ACRD by the 1st. And, then, roadways and intersections we have a little bit longer. We have until the first part of November to get COMPASS our list of -- and ACHD our list of roadway intersection priorities. So, I'm going to do community programs first. I don't anticipate that taking too much time. Just a quick refresher. They are, essentially, safe routes to school projects. I mean there is a heavy emphasis on those, but they are not of safe routes to school. The reason -- main reason they are not all safe routes to school is Meridian School District does not have a safe routes map, so they can -- you can call them and they can tell you the best route for your kid to get to school, but there is not a map that says this is a designated safe route to school. We are working with them on coming up with such a map to strengthen our applications. There has been some change over there. We were working with Leann Carlson and she retired this off season or off school year and we are going to try to light that fire again. Again, at ACHD the community program application offered each community an opportunity to address, one, the improvements, particularity those that provide pedestrian and bicycle safety, mobility, and connectivity. So, that's kind of a -- the overarching statement. In 2009 Matt and I submitted 19 community programs applications to ACHD. There was six segments of the city's pathway network that we didn't submit applications for, so we had a list of 25 projects. Eight of the city's top ten projects are scheduled for construction in the next few years at ACHD and most of the rest of those, so 11 more are -- have been scoped by ACHD, so they kind of know what they are looking at costs and construction and easements or right of way they may need and are also anticipated to make it into programming. Now, not all of them. There is a small table in there that has an update, but most of them are moving forward and they didn't hit the -- a stumbling block where it was either too expensive or they knew that they couldn't overcome moving a power line or something that would be hundreds of thousands of dollars to move. So, again, we had a good list of projects. They are looking for more. They have been charged through the vehicle registration fees and five percent of their budget on these types of projects, so they need more projects of this variety to construct, so they are moving forward. So, I won't spend too much time. The task force did have one or our priority projects from last year they want to move down or off the list. It already been scoped by ACRD and, then, they had a list of new projects. For the sake of time I will assume you all have went through the memo on the one, two, three, four, five six, seven -- seven projects. There was another one that came to my attention, Linder at Divide Creek, there is a gap between the new Walgreens, a Brighton's project, and the high school, small outparcel there, a gap in the sidewalk, so we are going to add that to the list, potentially, of next year that we ask ACHD to put it in. It's only about a 200 foot gap in the sidewalk on the east side of the roadway. And, then, in addition to that, there were Meridian City Council Workshop September 14, 2010 Page 64 of 102 the six projects -- pathway projects that I mentioned earlier. One of those is actually one of the new projects this year, the Five Mile Creek pathway, which there will be a public information meeting tomorrow evening to talk about -- sorry, Mayor? de Weerd: Caleb, I guess on that one with Brighton, I thought we -- when that project came through for Brighton, that we we made to a condition -- I know it was an off-site improvement -- Hood: It's off sight. I will look into if that was in the DA or something, we can see if it was a requirement. de Weerd: I -- it seems like it was. Hood: Okay. And maybe it's phased in later or something. I don't know. I can look into that, but -- de Weerd: If you can look into it. Hood: Sure. de Weerd: Because we have been trying to catch those and using the opportunity of annexation to make sure we have that connectivity, because I hate thinking of kids walking on the shoulder or -- kids will be kids and we have been trying to do something about those when we can. Hood: Yeah. I will look into that and if that's a requirement of the developer, again, I will -- we will -- I will see what that says as far as phasing that in when that needs to be constructed. de Weerd: Yeah. Or during the discussion at Council, because I -- my memory is not the best, but I know Mr. Bird's is. Hood: We will look into that one. And, then, the other ones that we -- that I proposed to submit applications to ACHD this year, in addition to those ones that are in the memo and the one I just mentioned, potentially, would be two of the other six that were on our list last year for the city's pathway projects. A lot of times these don't score well at ACHD, they are not in the right of way, they aren't sidewalks, they don't care about them. Now, they may provide some safe routes benefit, but they really don't have the authority. There are two segments there, though, that I want to highlight. I mentioned -- you may not have heard rne, but the Five Mile Creek pathway segment on Pine is one that we would like to have -- there is a public information meeting tomorrow night, but we'd like to continue that once you get from Fairview to Pine along Pine. So, that's one of the requests that we would -- we are prepared to put into ACHD this year. We may look at doing a joint venture again using some CDBG funds or something for design of they can do construction or some partnership like that. Those are two of the Ridenbaugh pathway, Eagle Road crossing. I believe it was Councilman Zaremba Meridian City Council Workshop September 14, 2010 Page 65 of 102 brought it up, last year when this project -- we were doing an update, the pedestrian crossing of Eagle Road at the Ridenbaugh, that part of the pathway network, that is something I think that will score fairly well in this process. It costs -- depending on what the scope is, if it's a bridge over Eagle road it may be cost prohibitive to do, but in pavement flash or something with that project, I think we will put that just to hammer that point home that we need a safe route -- safe way across Eagle Road there at the Ridenbaugh, because our pathway network connects on either side. And, then, the other one would be the Five Mile Creek pathway up north of Albertson's there at James Court. So, there is sidewalk there, but it's sidewalk that according to our pathway plan should be wider and there is a gap further back kind of behind Albertson's that ties in all the way back down to Fairview through Fairview Lakes and all the way back through and, then, Bud Porter starts on the other side of the Fairview. So, that would -- and the crossing there at Fairview as well would be included in that application. So, those are the ones that I would propose and we will talk about it probably briefly at the task force, since we kind of already vetted some of these through, but -- Hoaglun: Madam Mayor? Hood: -- those are the projects for this year that we are looking at. Hoaglun: On that one, Caleb, I remember doing a pathways tour here a couple years ago and right there at James Court they would have to remove some trees and the ten foot walk would would put it right up against the apartment almost. There was some talk maybe striping in the street for bikes and, then, using the path. Would there be some flexibility in that? I know they want ten foot, but there were some areas that didn't look like you could get ten foot. Hood: Madam Mayor, Councilman Hoaglun, the beauty of this community program's list is we don't have to tell them what all the parameters are how to design it. We can just say here is our -- here is what we would like to do, get people from A to B, generally with a ten foot wide pathway, but they go out there and scope those and they say, boy, there is mature trees out there and we don't want to buy those from the property owner, we want to try to retain them, so we work with them on getting something that may not be the ideal that's called for in the plan, but something that still works for people using that -- that stretch of pathway. So, right now we are just trying to get on the radar. They do all that leg work with -- well, we can't do that, but we could do this, does that work for you guys or is it -- you know, can we come to some mutually agreed upon solution. Hoaglun: Got it. Thank you. Hood: So, any questions or further comments on the community programs stuff? So, that leaves about ten projects that we will submit new applications for this year. So, these, like I mentioned, we don't necessarily have to prioritize these. We certainly can. But they want more projects, so it is a pretty safe bet that if we send them projects, they will work it through their system, get them scoped, and some of them may not end up getting constructed for the -- for whatever reason. Cost, generally, but -- but I think they Meridian City Council Workshop September 14, 2010 Page 66 of 102 can -- they can hammer through probably a lot of these, so -- any comments? You will have another bite in a couple of weeks, too, if you review this and you have got something else that comes up. Rountree: It looks like a good list to me. de Weerd: These are great. Hood: So, I'm going to move into roadways and intersections and I won't spend too much time tonight, just because of the hour, but I mentioned at a later hour a few months ago that the CICAC was working on some new standards for ACRD in their five year work program and I mentioned in the memo, too, that I would spend some time going through the new cost benefit base prioritization process. I guess that I would propose kind of here on the fly is to send you an electronic version of a memo that ACHD staff put together for their commission outlining how their staff is proposing it to them and I won't try to go through them too much tonight, just to say that, again, it's cost benefit based and the two things that they are -- it's primarily based on are safety and congestion. That's what the ACRD commission told their staff was, these are the two most important things to people traversing the roads, safety and congestion. Anything you can do to improve those two things -- they didn't tell them exactly which one was more important or less important. There is some mathematical things in this memo that you can look at and you can see a comment if you want on what's right and wrong with some of their methodology, but we think it's a pretty good system. Still in draft form. We are tweaking it a little bit, but we think it's a lot better than what they have got in place now to say this project should move into our programming. It's pretty -- pretty sound stuff. de Weerd: Caleb, if you would just print it out and for -- for each and put it in the boxes. Hood: Absolutely. de Weerd: I assume preferred. Zaremba: I appreciate that, but complicated things with small print sometimes I don't see well on my monitor at home. de Weerd: Yeah. Hood: I'll print that out and I'll tell you what I will also do, I have got -- I have got a list that shows -- they have a ran the draft program, what it would look at using their new criteria and I will print this off for you, too, on 11 by 17. It's adraft -- de Weerd: That's great. Hood: -- so, take it with a grain of salt, but it shows you where all of our -- where all of our projects would score in the prioritization process using these new criteria. So, it Meridian City Council Workshop September 14, 2010 Page 67 of 102 shows you what -- how they are doing it and, then, what comes out the other side. Again, it's a draft, but that kind of gives you a flavor and this is my marked up version, so I will give you a new one, but I went through and said our project -- our number one would score is a 15 as far as -- on the new system. I will put another note in there, though, ACHD staff has taken a pretty hard stance -- it says if we have already got it in our program, we are not likely to move -- with a construction year, we are not likely to move it out. So, even if it's a bad project for safety and the congestion, if they have already invested any staff time or bought right of way or anything like that for a project, they are going to move forward with it. We don't necessarily at these CICAC level agree with that wholeheartedly, there may be some bad projects that why do you swallow the whole thing. If you know it's a bad project, you may have to eat some of that staff time and that you have already invested. But, anyways, I won't spend too much time with that, but just you know, if it's got a construction year on it, it's probably likely to get constructed sometime. Now, it may be delayed, but -- so, now, to the meat of the discussion tonight. So, you have roadway and intersection priority lists. Again, they are draft from the Transport Task Force, but they did move some things around and I guess what I would like to do from you -- I'm prepared to tonight, if you would like -- we can see how our discussion goes. I can recall Matt doing this a couple few years ago and he was frantically trying to write everyone's number one through five priorities down. So, I do have a list here and I'm willing to do that if you have projects that you want to move up or down, we can maybe start with the discussion, see if there is some consensus, if not, I'm willing to take your top 10 roadways and intersections, divided by five, and tell you here is where this project scores out across the way. So, if you don't mind, Madam Mayor, Ithink -- if there are any comments on what we have here, but it's, essentially, what we did last year. There was some tweaking. There may be some more by the task force, but, essentially, it's what we -- we looked at last year and sent over to ACRD for our priority list. One more comment, I guess, before I take your comments. Fairview Avenue, Meridian to Locust Grove, Fairview, Locust Grove to Eagle and, Fairview, Linder to Meridian -- the Fairview corridor, basically, is part of what ACHD is studying right now -- moving slowly, but still under study. That has been delayed for the center median improvements to construction in 2014. So, it says 2013 in here, but it is in 2014 as far as the current five year work plan goes. So, ACHD staff asked me to clarify that for you all, so -- that was my error in the memo. There are a couple of new projects, too, but, again, I will -- I will stand for any comments you have on the -- there were 35 roadways and 16 intersections. Two new roadways added to the list and one new intersection added. A summary of any changes in the transportation recommendation is in the far right-hand column, too, so you can see what's changed since last year. de Weerd: Council, any questions or comments? As mentioned, this isn't your last shot at it. Hood: And, Madam Mayor, while you all are still looking at the list pondering, I -- I have a couple of additional things I would like to discuss with the task force even on Thursday, just, again, kind of soaking all this in and maybe where we -- a couple of our projects could score better. I don't think it's going to be a drastic change to anything in Meridian City Council Workshop September 14, 2010 Page 68 of 102 our top ten roadways, ten intersection projects. I mean if they are pretty -- pretty solid projects. I don't see anything coming way up to the top or anything falling way down to the bottom. The East 3rd connection was the one that fell the furthest. That was based on previous action by the Council this year saying it's going to be developer driven. It doesn't score well at ACRD. So, I guess I will highlight that one. The new one that is a new project, as you can see number 12, Locust Grove, Fairview to Ustick, that one is a pretty good project that I can't believe we missed before that one. It, actually, does pretty well looking at the safety and congestion criteria, too, so -- de Weerd: You know, I guess, Caleb, depending on what the county does with the Fred Meyer, I am concerned about Linder Road in the north and once those improvements are in and you get more traffic on Linder, you can get to McMillan, but McMillan to Ustick is -- well, we know that anything is going to be a problem, but -- you know, it concerns me to see it moved down four spots and it's -- it's way out there. Hood: I guess, Madam Mayor, just looking at the projects that -- Ustick, I mean that was just -- that's why it moved down was we moved to Ustick corridor up. That just seemed to be -- when you weigh them against each other, the Ustick corridor just seemed to be a bigger need than Linder and that's why it moved down those spots. So, I'm not saying that's not a needed project, but that's some of what we did was -- de Weerd: Yeah. Hood: -- you weigh the corridors and look at Ustick so -- Hoaglun: And I guess, Madam Mayor and Caleb, what happened -- and it makes sense, because Ustick is -- there is more traffic right now, but if you have development occur, something comes in, a project like that, we can talk to ACHD and say, you know, look, we really need to shift this now. This is a -- I mean nothing stays the same, so -- Hood: Every year. I will be back next year doing the same thing. Hoaglun: I did have a question on ITD projects. I noticed earlier reading through that -- the Transportation Task Force recommending moving that 20-26 project to number two and, then, flipping Linder Road overpass and it talked about widen 20-26. Was that just -- it's primarily right now just right-of-way preservation, is that what they were doing? Hood: Madam Mayor, Councilman Hoaglun, yeah, at the state that's where they are at. The overall goal, then, would be to widen it. So, it would be the 20-26 corridor. I mean to shorten that. So -- Hoaglun: Okay. For the near term, as opposed to -- Hood: Right. Just as a priority project for -- yeah. I'm not saying we envision it being widened next year. Since you went there -- I was going to kind of do that after roadways and intersections with ACHD, but we can certainly roll ITD into this Meridian City Council Workshop September 14, 2010 Page 69 of 102 discussion, but thank you for bringing that up. So, one -- one of the changes that the Transportation Task Force did recommend is flip flopping the Linder Road overpass with 20-26. So -- Hoaglun: What was their -- what was their basis for doing that, do you recall? Hood: Councilman Zaremba, do recall -- it was -- I mean just a priority. I mean just an overall -- again, like the Ustick-Linder thing, just something where it seems to be getting -- I think they looked at some of what Locust Grove overpass has done for the community could see some of that benefit there. 20-26 just seemed like -- I think it seemed like a massive thing for somebody to swallow. You look at, you know, State Highway 16 and all these state projects and you're -- we can only do one or two of them, if any, and, then, we have three or four that we are asking for. So, it was -- I don't want to put words in any of the members' mouths, but there was some consensus, at least, by the group to do that. It wasn't unanimous, but there was some consensus to move those. But, again, the final call rests with you all. So, we can flip flop those back, so -- Hoaglun: And number one, Meridian Road interchange rebuild, of course, that's I think going to remain .number one. Just to comment, today I was in Meridian for a lunch meeting, coming from the south side of the city, coming to City Hall, and someone was walking with traffic on the interchange. I mean we had to drive out of our way, you know, make room for that person to walk. I mean truly is a safety issue and that needs to remain number one and -- and I know we are all on the same -- same song for that one, so -- anyway, it just was very evident when you have to pass somebody and that's the only way for them to get -- if they have to walk from the south side to the north side, unless they are walking down to Locust Grove. de Weerd: Well, I did make a comment to Senator Crapo thanking him for the letter that they all signed and with the note that Meridian interchange rebuild was number one on their list and they said, yeah, who wrote that letter? But I did thank him, so reinforcing. Hoaglun: I appreciate that. de Weerd: Any other comments from Council? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: A project that's out there -- and I don't know when it's going to happen, but it could happen sometime in the next two to three years, the state project of -- initial project on Highway 16 extension. They fully envision on putting a new bridge across and dumping all the traffic on Chinden. I don't see anything real soon happening on Black Cat or happening on some stretches of Ten Mile or happening -- anything happening on McDermott and the rest of that project is not funded in any way, shape, or Meridian City Council Workshop September 14, 2010 Page 70 of 102 form and it's a big project to get it done. I think we need to start thinking about the reality of that, because as soon as that traffic gets on Chinden you know where it's going to go. It's coming through the west end of town and it's going to be on Franklin or it's going to figure out how to get across onto Overland, all headed to the interstate and none of those roads west of Ten Mile are even contemplated for signals, let alone on McDermott with four way stops on some of those cross streets. To me I think we are -- we will have a mess on the western side of our city when that happens. It wasn't addressed at all in the study, other than they believe the traffic model tells them that it's not going to be an issue. I don't believe that. I think it will be an issue, because those roads out there are rural roads, several of them much like what Eagle Road was a few years ago and now look what we have with one of the biggest, widest, expansive payment we have in the state in terms of an urban highway, non-access control. So, the committee needs to be thinking about that. None of the traffic analysis take that into consideration. It's, well, you know, it's -- it could happen, but we are not factoring -- we are not factoring any of that in and that's going to happen without a new house being built in our community or Eagle or Caldwell or Nampa or Emmett or anyplace in between. So, we need to figure out how we can manipulate the schedule, so we can get that in there in a hurry, if, in fact, that project comes to fruition. It is a GARVEE project, it could be funded, and I think there is a desire to do it. Hood: At least the 20-26 across the river. Rountree: Yeah. Yeah. And that's where it will stop. Hood: Yeah. de Weerd: And it's no different than Three Cities river crossing and the whole concern there is what do you do with the traffic once you get them over the river. Well, it's a little bit better than Three Cities, but -- Bird: I was going to say -- Rountree: The concept's a lot better. de Weerd: Sorry. Bird: Yeah. de Weerd: I did back up before anyone said. Hood: Madam Mayor, Councilman Rountree, I mean to -- we can certainly start to look at those at the task force level. You know, I look at some of these other projects that are on here, though, and you go that's a current need. Rountree: Yeah. We have got to handle those. Meridian City Council Workshop September 14, 2010 Page 71 of 102 Hood: Yeah. And just to be quite frank, I mean like community programs, our top ten or 15 do pretty well in ACHD. You get down to 17, 20, 25, you're just not making the cut. So, we can look at adding them to list, moving them up as appropriate, it's just wholesale adding, you know, west Meridian to the program is going to -- it's going to be at the cost of something else. So, what I would like to do, unless there is any other questions, though, because that transitions nicely in to my next point potentially, de Weerd: That's going to be south Meridian, too. I mean just everywhere. Hood: Yeah. de Weerd: You might just add a footnote, Caleb, and just, you know, with the progress of GARVEE and the Highway 16, you know, the city does have concern with how the connection will work. Rountree: I guess my last comment on the list that Isee -- and I will have others, but the immediate comment is I don't know why we are including Chinden projects on here. ACHD is -- I don't think they are going to fund them. The state's already into them about three and a half million bucks that they haven't been paid by the state. I don't think they are going to have anymore of those kinds of partnerships with the state. Hood: That's actually -- Councilman Rountree, I'm glad you brought that up, because that's, actually, one of the things I'm going to take to the task force regarding the intersections. Our number three and four are Ten Mile -Chinden and Ten Mile -Victory and I would propose to move those down with eight, nine, ten, right now, which is Chinden -Meridian, Chinden -Locust Grove, all the other Chinden intersections, out of our top five, because those ones do get bonus points at ACHD. Not that they are not important, but that's something I think the task force needs to talk about a little bit more is ACHD's really kind of drawing that line saying we -- we have done an intersection, the state needs to step up. They don't score well. This handout that I'm going to give you, they don't score well at ACHD. Yeah, they are congested, there may be some safety issues, but there is other factors that factor into those and they don't care for them either. So, that's actually something I'm going to talk about with the task force, so -- but thank you for bringing that up, so -- Hoaglun: Caleb, Madam Mayor, you said Ten Mile and Chinden, correct, as one of them? Hood: Ten Mile -Chinden, Ten Mile -Victory. And we had this discussion last year about the whole Ten Mile corridor up to Chinden being important and it is, but when you talk about ACHD projects and what they are going to spend the money on, Ten Mile - Chinden just -- isn't going to score real high. Hoaglun: But it -- once the Ten Mile interchange opens and traffic is going -- you know it's just one of those things, we are going to have it jammed up right there at Ten Mile, people trying to turn left and 20-26 is just going, so -- Meridian City Council Workshop September 14, 2010 Page 72 of 102 Hood: And the other one, just to go to the other side, Ten Mile -Victory, it's number four. Important, yes, you are going to run into the same -- it's going to be a bottleneck, but if you're looking at, again, weighing it against current needs, that's a future need and that intersection -- improving that intersection is going to help a community to the south more than it's going to help are residents. So, just something that I think we need to have some dialogue, not -- again, not that it's not important, but you look at a McMillan - Locust Grove or a Locust Grove -Ustick and how important those are and the impacts they could have being constructed sooner than later, I think are greater. But that's something -- if you have any comments I'll certainly take them now, too, but that's something that I just want to have a little bit of dialogue with the task force is moving number three and four intersections down and moving number five intersection up and maybe Meridian -Ustick, too, actually. It looks pretty -- pretty good in some of the technical stuff using this new programming to maybe slide it back up a little bit and get a fully improved intersection, but -- splitting hairs with some of these. I mean it's hard -- subjective. What's more important than an another a lot of times, so -- de Weerd: Okay. Hood: So, I am trying to be succinct in this, but there is a lot to get through. But I am going to jump to interim intersections, because I think that may be a way that we can tackle some of these needs as well. Earlier this year the Mayor sent a letter over to Jay, the director -- Jay Sweitzer over at ACHD asking him to look at some interim intersections. ACHD responded. You have that in your memo. I'm not going to go through all of it. I do want to call out, though, the third intersection out of the four that we asked them to look at for temporary interim improvements is Locust Grove and Victory and I will just pull out one sentence from the letter. It says: An effort will be made to fit this intersection into the ACHD 2011 budget as funding and staff workload permit. Again, without getting into all the details, they realize the need there, particularly at that intersection now. Some of these other ones they said, yeah, in a few years we need to look at that again. We can see that need coming, but right now it's not bad enough where we are going to spend that. But Locust Grove -Victory, something they are going to try to work into their program as soon as possible. So, if there are any other questions or correspondences -- Terry Little and his staff did a good job, I thought, of explaining this and doing the analysis. They probably spent more time than what I expected on it, but they did a lot of work looking at those four intersections. And I envision we will probably have more of those requests and we will probably ask them to do some more intersections here in the near future, because for a pretty small investment, relatively speaking, than some of the other projects, you can get a huge benefit from doing intersections. You can get a ten or 12 or 15 year life span out of some of these that are two way or four way stop controlled. So, anyways, that's another -- another topic, another day. Airport -Overland study. I do have some information for you on that project. I just put a couple of snippets in the memo, so there is a study underway looking at connecting the Nampa Airport with Overland Road at Ten Mile, where it currently ends at Ten Mile Road. So, an extension through -- into Canyon county, two miles in Ada county. The preliminary alignments and alternatives, the Meridian City Council Workshop September 14, 2010 Page 73 of 102 evaluation criteria, design criteria, just the public outreach on this, that, hey, this is going on, there is a public information meeting scheduled for October 14th beginning at 5:30. I think it was from 5:30 to 7:00 or 7:30 at Gateway Center. So, that's at Garrity and 1084, the JC Penneys, there is some vacant retail spaces in there. So, I think -- I think it was just north of JC Penneys, if anybody is interested. But there are some preliminary alignments that are out there. Some assumptions have been made about what this corridor -- how it will function as an arterial, across-section, essentially, with bike lanes and sidewalks and those types of things. But, again, Councilman Zaremba, I think, is on the policy team or a subcommittee of this working group and I think has -- has some of this information, but I thought I would just bring you all up -- quickly up to speed on this study. So, more to come on that. You're certainly invited to that. Again, I may put some handouts in your inbox, just so you have some more information on it. But ACHD -- from ACHD's point and perspective, they are looking to at least preserve an alignment, get something studied and this is where it's going to go, they are not saying they are going to move it right into construction after the study is done, but preserve an alignment and probably have it be development driven, you know, those are all in the county on that side of the roadway, so we can put it -- get this study done, incorporate it into our comp plan, development comes in, we get the roadway in. So, if there aren't any questions about that or comments, I will move onto the next one. Brighton access. Center medians. This is a follow-up discussion as well or presentation, I guess. You may recall in January -- or February, March Brighton and HGR came, presented an access plan for the 40 or so acres they have on the southeast corner of Franklin and Ten Mile. Did a PowerPoint presentation, had some simulation stuff going on. We sent a letter over ACRD saying, hey, can you evaluate these access points, it looks like they are -- they need these access points for the development they are proposing. The city looked at that, the land uses that were assumed for that and said, yeah, that's consistent with the Ten Miles specific area plan, if that's the intensity -- excuse me. If that's the intensity that they propose, ACRD, we need to know if these accesses conform to all safety and all your standards and everything. So, anyway, ACHD looked at them, they approved them, the access points with some slight modifications. They had some -- a couple of, you know, radii that had a change and locations that changed slightly. But we did -- I did want to let the Council know that Brighton and ACRD were able to influence ITD and their contractor doing the design to get -- change the medians and put these accesses in with ITD's project. So, there wasn't that feedback loop. guess in my mind I expected Brighton or somebody to come back and say here is what ACHD said and here is my development application to the City of Meridian that has these land uses. That didn't happen. So, there are some assumptions being made and some good faith, I guess, steps that, at least from my perspective saying, okay, you can have the break in the median and your access is here, but the land uses should probably look like what you conceptually showed to us to justify those accesses. So, instead of having one continuous about 1,100 foot long median between Franklin and I- 84, the median is now two shorter pieces with a break in the middle for a full access driveway and, then, to accommodate the turning lanes it narrows down quite a bit, too. So, it's about eight feet -- seven or eight feet inside there and so you got shrubs -- there is a number of trees planned for those medians, but certainly the landscaped area has been significantly reduced. I didn't calculate it out, but the -- the area to be landscaped Meridian City Council Workshop September 14, 2010 Page 74 of 102 has been reduced, so -- anyways, that's just my report back to you, if you will. Again, have details, I have plans showing before and after from Vance Henry that show the changes in the medians, but I just wanted to let you all know if you have any concerns with how that all went down -- I don't know what I can do at this point, but I will see what I can do, so -- that is the second to the last thing. I have just a handout. The last thing in your memo you can't read, so I'm going to hand out the last page of the packet. We don't need to discuss it tonight, but I just thought Iwould -- I got it printed now or else I would put it in your box, so -- Bird: Thanks, Caleb. de Weerd: Can't read it on this either. Bird: I was going to say, it don't look much better than what it does on the screen. You guys got to realize we are getting older. It's getting harder to read. de Weerd: Speak for yourself. Hood: So, Madam Mayor, again, on that -- there is not a lot to report. Everything is moving -- moving ahead. There are a couple of projects that are in yellow, meaning they have some issues to work through, but nothing is being halted. So, that's just a status report on ACHD projects, so -- unless there are any questions or comments, I will let the next person go. de Weerd: I'm sure they're just very eager to as well. Council, any questions? Bird: I have none. Zaremba: Thank you. Hood: Thank you. See you in a couple of weeks. de Weerd: Thank you, Caleb. Rountree: Thanks. de Weerd: Okay. Our next item is our police department. Lavey: Thank you, Madam Mayor, Council. I'm sure you're probably tired of hearing from me by now, but this item will be fairly quick. I'm here to discuss a donation of a vehicle to the city of Bonners Ferry. I will tell you right now that it's already been done and I will explain to you why. It was a 2003 Expedition that had approximately 83,000 miles on it. It spent three years in patrol and it spent an additional four years assigned to an SRO. It's in extremely poor condition. It has a cracked engine block. It has water in the spark plug housing. It barely ran. That's the mechanical side of it. And, then, for the comfort side of it, it actually had no cooling system. It had powertrain problems. It Meridian City Council Workshop September 14, 2010 Page 75 of 102 had missing door handles, a broken driver's seat, and wire hanging out of the interior. It had no value to the auction. de Weerd: So, did you donate it with -- with pride? Lavey: No. We stripped it, so it didn't say City of Meridian on the side. de Weerd: Thank you. Zaremba: Did we pay them to take it? Lavey: That's where it gets me to -- we could actually dispose of it through a junkyard, but we would have had to pay to have it towed and the only value that this vehicle had is if they parted it out. Now, the city of Bonners Ferry is going to use it for a training vehicle and canine. I do not know if they are going to put decoys in it, put other finds in it, or if they think that they can get it running, but more power to them. One of the things that had transpired was an -- an error in our system in how we do things and this came in front of me on June 7th and I signed it and the finance director signed it on June 10th and, then, it went to the Mayor for the Mayor's approval and a person in the finance department, then, gave our staff clearance to go ahead and get rid of the vehicle, not knowing that it went -- needed to go to Council. So, what I have asked finance to do is update the form, so there is some sort of notation on here that it's been sent to Council, it's been approved by Council, it's been denied by Council, so we -- we know that. So, to clear up audit problems, I am in front of you here today to say that we screwed up, I'm here to fix it. Holman: Madam Mayor, Members of the Council, Matt Parsons came to me, because I sign off on the titles and hand them out, and he explained to me what was happening and it never crossed my mind that -- so, now there is a check in place in the clerk's office also, so anything -- we have discussions about being donated, I will make sure that happens first. Lavey: For the record, the clerk screwed up and we are here to fix it. Hoaglun: Madam Mayor, seeing that they are here to beg forgiveness, as opposed to asking permission, a quick question. How does that vehicle .get up to Bonners Ferry? Rountree: It's already there. Lavey: I have no idea, but it's already there. Hoaglun: It was not at our cost? Lavey: No. Hoaglun: Okay. Great. Thank you. Meridian City Council Workshop September 14, 2010 Page 76 of 102 de Weerd: Or -- there is no liability for it; right? Lavey: No. As soon as -- we have already -- we have already disposed of it properly and the -- the issue came up when it finally went to legal to actually transfer the title. But we, actually, had to come in front of Council to let them know what's going on, but there is no liability on our part. The only liability that I foresee if we don't have the paper trail through an audit process, then, we would have to explain where the heck the vehicle went. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve the donation of the 2003 meridian Police Department vehicle to the city of Bonners Ferry. Bird: Second. de Weerd: I have a motion and a second to approve the donation. If there is no discussion, Madam Clerk, will you, please, call role. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Thank you. Rountree: You're off the hook. G. Public Works: Discussion Continued from August 10, 2010: Update on Meridian and Main Split Corridor Phase II de Weerd: Okay. Our next item is Public Works and, Tim, I think you're up. Curns: Madam Mayor, Members of the Council, just coming back to you on an item here. Last month we had an update for you on split corridor phase two and we had the PM in here from ACHD on that project and, then, as you may remember, at the end of that we had a proposal for you regarding some bike lanes and bike routes on Main Street and shared that information with you all and was asked if the Council could have a little bit more time to digest that. So, I am back now a month later and I'd like to say in the meantime I also took this item to MDC's board meeting and kind of shared that with them to get some additional information and so just real quick I wanted to touch on a couple things and, then, see how everything sits. Let's see. If this will cooperate. So, Meridian City Council Workshop September 14, 2010 Page 77 of 102 just real quick I will go over the proposal I had before and address a few issues that were brought to my attention there and a proposal for alternative to -- for you to consider and, then, just see how that sits. So, the proposal I brought before you, that was developed by staff, we felt that addressed both kinds of users that we would expect for the Main Street corridor, both hardcore and casual users. I think we determined that that was the most direct route. We only wanted to detour people when essential and that it was also in accordance with ACHD's roadways to bikeways plan. So, real quick, that was the plan -- or, excuse me, the proposal that I brought before you there, with the addition of the bike lanes and bike route and, then, I also threw some pictures in here just to help you distinguish between the two. Bike route is, essentially, signing and perhaps stenciling as you see in the top picture, just to give bicyclists and motorists an idea that they will be sharing the lane and, then, the bike route -- or, excuse me, bike lane below it actually dedicated right of way for bicycles only. So, one of the -- I perhaps misunderstood this at the previous Council meeting. There was a question about where folks go when they get down Main Street and towards that crossover area, which presents to us a couple of problems, one being the contra flow issue, which is the bicyclist headed south on Main and hitting the people coming north on the one way section of Main Street before it diverges into that crossover and the other is at Ada Street where it intersects with the crossover -- I believe that was what the question got at last time, which was are folks actually able to go through that and the answer to that in short is a, no, ACRD is -- there is no crosswalks or anything across that on Ada, just because that's a curve and they have concerns with folks crossing in that curve. So, anyone coming south on Main Street, if they want to go west on Franklin, they need to take the sidewalk all the way down, ride on the sidewalk down to Franklin or divert over ahead of time perhaps up at Broadway. One of the other issues that was brought up both at Council and at MDC board was some concern about folks crossing Fairview and Cherry at the north end of the project, which, as you can see in this rendering of what that intersection will look like, is a lot larger than it currently is and certainly is not the ideal situation for folks crossing, both bicyclists and pedestrians, and I guess as far as that goes something could occur, come along in the long term that perhaps takes folks over to that area coming back -- but in the short term there isn't anything other than the crosswalks there, which is what folks would have to use to cross. And, then, of course, ACHD does update those crossings times to take into account the fact that this is a lot longer distance for people to get across and so something that came -- has come up in both discussions and that's parking in the previous proposal -- and maybe I will go back here afew -- oops. You can see that the original proposal was to stripe bike lane between Broadway and Ada, which is, actually, the only place that it -- you can put that in and the concern there is that we would have to remove parking and given that that is a short section and ACRD -- in some conversations with ACHD, they are comfortable with the idea of folks riding -- sharing lanes in that section as the split corridor will take a lot of traffic off of Main Street. I just thought I would throw out there that, certainly, one alternative to that is to just have a bike route on the entire length from Ada north, which means we preserve the on-street parking, but we are taking steps to enhance the visibility for the bicyclists using that section. So, that's all I really have. If there is any questions regarding either of these or anything else I have talked about or perhaps anything I have missed, I will stand for any questions. Meridian City Council Workshop September 14, 2010 Page 78 of 102 de Weerd: Council, any questions? Rountree: Madam Mayor, I don't have any questions. Tim and I have had this discussion. I feel it's inappropriate to sign a bike route into that grinder at Main and Meridian on Fairview and Cherry Lane, when we have an opportunity to take them to 8th and over to 2nd or 3rd or 5th even and get them dialed into lights and riding on streets that have existing bike paths on them. I think the fewer people and the fewer bikes that we keep -- that we keep out of that area, the better it's going to operate. It's not going to operate well in all and if they have to increase the signal times for the pedestrians to get across to eight lanes, which they will have to, and they will have to be timed and you will probably need a stopwatch to get across, further compound the operation of that intersection -- of those two intersections. I just don't think it's a -- don't think it's a wise service to anybody but a hardcore cyclist. That's just my opinion. Curns: Councilman Rountree, that's -- Rountree: And I have expressed that to Tim. Curns: Absolutely. And for the benefit of everyone here, too, this is -- the bike routes really are more for the -- to give more visibility to those hardcore cyclists, because they are going to take whatever route they are either comfortable with or as more direct or both. So, we just wanted to find something that gave them enhanced variability in that section, because we expect people to use it no matter if we put a route sign there or not and I would agree that it's certainly not an ideal situation at the north end there and, luckily folks do have the option of deterring down Pine and over to 8th, which has bike lanes and crossing Fairview at that -- or, excuse me, Cherry at that point. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: This is not an immediate suggestion, but there is a GIS effort going on in the city as well and I wonder at some time if we could produce a bicyclist map. I know we are producing parkways maps and -- pathways maps I mean and stuff, but I wonder if we could produce one that would be usable to the bicyclists? Curns: Councilman Zaremba, you mean for -- to hand out to folks? Zaremba: Yeah. Curns: Yeah. Zaremba: Maybe leave them around at the bike shops in town and suggest where we think the bike lanes -- where they should be attracted to ride. Meridian City Council Workshop September 14, 2010 Page 79 of 102 Curns: That's certainly a possibility and we have that information as you mentioned, a lot of that in the GIS in terms of what's out there right now on the ground. de Weerd: You know -- and, Tim, I guess that's what I find the most difficult about this is we are looking at a peace in isolation. We don't really know how it connects with just what we have in front of us and an once they get through this, then, what? And I don't know how many of them will actually go down to 8th Street or -- or those that want to go east -- we are assuming -- I don't know where these people would be going if they use Main Street anyway. So, what is the timing on this? Curns: Madam Mayor, Members of the Council, the idea for this was with split corridor phase two there weren't any improvements for the bicyclists, so we were looking at finding something to run concurrent with that project, since there really isn't a time in the near future we expect to see any improvements in downtown for bicyclists. So, that was the idea behind this was a project that addresses -- and you can see the shortcomings of the split corridor project, something that runs alongside of it and certainly in the future Meridian Road north from Cherry and Fairview is -- it's in ACHD's CIP to be widened and have bike lanes on it, but it's not in the five year work plan, so, you're absolutely right, there is -- there is some missing connections here. We have partial connection to the south with the pathway that was already installed from Franklin and down, but there is certainly more pieces of the puzzle that will need to come in later. Hoaglun: Yeah. Madam Mayor and Tim, we really don't know what it looks like and, you know, if you're at Storey Park and on a bicycle and you want to get to the north side of town, you know, you're going down Franklin or Pine or even Washington to 8th and, then, heading north or you're going up 3rd Street to one -- the thing I see when we get that Five Mile Creek pathway completed at Pine, you take that pathway, you go up 3rd, take a right on Pine, and, then, zip up the pathway, cross at the Phillips 66 station, and head off to the Bud Porter and you're cruising as far as you want to go to the north side of town on that pathway into some wider streets. But they are going to find the route that they want to take and feel most comfortable with. So, yeah, if we say this is it, that may not be it, so that's -- that's the tough part about this. This is a crystal ball exercise and sometimes it's a little murky. Curns: Councilman Hoaglun, that's exactly right. It's a little bit difficult to predict where folks are going to go and so this effort was more of just, well, we will take our best stab at it and -- and this certainly doesn't keep us from asking ACHD for improvements as we go down the road in other areas if we see a need there. Hood: Madam Mayor, if I may real quick, de Weerd: Like where did that come from? Hood: Just to -- just to follow up on some of this discussion, because it was one of the things that was in the memo, but I didn't touch on. Tim has got the ped signal shown on Franklin across from Storey Park and 3rd Street. That is on the request list for Meridian City Council Workshop September 14, 2010 Page 80 of 102 community programs, so we may not know where people -- how they are going to go after they get across Franklin, but that is one of the places we envision people to cross, just because of all the other stuff that's going on over there, so -- and associated with that would be the striping of the bike route on 3rd and, then, over on Ada, just because that's outside of the scope of split corridor phase two. So, some of this is in split corridor phase two, but some of it could be a separate project at ACHD for a community program. So, I just want to kind of draw those lines for you a little bit of split corridor phase two is really Main Street, the ped signal, the walk signal at Storey Park and 3rd Street and striping bike routes is a separate project, potentially. Curns: So, at the current time we haven't made that official -- this official request to ACHD for any of this. They, especially because of the possible effects to parking, wanted us to make sure that the Council was comfortable with that or see if they had any alternative suggestions. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: As far as parking, I don't want to lose a single spot on-street parking. Hoaglun: And, Madam Mayor, to add to that, I agree, I think that's a better way of doing it. If that's where it goes, going with the -- not lane, but the access route, yes, is a good way to do that. Zaremba: Madam Mayor? de Weerd: Yes, Mr. Zaremba. Zaremba: I agree that it would be difficult to lose parking spaces, but just tying in another conversation from another committee, when the split corridor crossover goes in, there will be a triangle of -- of land between the railroad and the crossover that -- it escaped me. The public transportation agency. de Weerd: VRT. Zaremba: VRT. Thank you. I'm a member of it and it just skipped my mind. Anyhow, they are looking at that for a bus center and, actually, amulti-modal center and that would not need on-street parking next to if it there. So, that's somewhere off in the future. But just to throw into whether or not we could give up parking along that piece, think that would be okay. Rountree: Nothing there anyway. Zaremba: Actually, I don't think there is any parking there now, is there? Meridian City Council Workshop September 14, 2010 Page 81 of 102 Curns: On Main Street? Zaremba: I'm visualizing in front of where Meridian Automotive is now and -- Curns: Currently you can park there. It's not exactly signed as parking. You can park there. Zaremba: I have never seen anybody park there. Curns: That was part of the -- Zaremba: Yeah. Curns: Right. de Weerd: So, Council, any direction? Zaremba: Seems okay to me. One man's opinion. Hoaglun: Yeah. As a route and, then, if parking is something -- on-street parking is not an issue, we can always change it to a lane, but I think that's agood -- good way to go right now and, then, we will just have to see how things develop as we go along. de Weerd: So, I have -- Rountree: Two and two. de Weerd: Two and two? I say do it, if I get to break a -- no tie. Hoaglun: You mean the purple plan? de Weerd: Yes. Rountree: The purple plan. Hoaglun: The purple plan. de Weerd: Purple plan. Rountree: It's just signs, anyway. Yeah. de Weerd: It's just painting on the street. Curns: Signs and paint. de Weerd: Yeah. Meridian City Council Workshop September 14, 2010 Page 82 of 102 Hoaglun: I'm for the purple plan. de Weerd: Okay. Curns: Okay. Thank you very much. I think I may have the next item here as well, so - H. Public Works: Update on Memorandum of Understanding with Ada County Highway District de Weerd: Okay. And the next item is the memorandum of understanding with ACHD, which is Item 7-H. Curns: So, Madam Mayor, Members of the Council, over the last say about nine months Public Works staff has been working with ACRD staff to kind of work through some issues that have come up during our construction processes and so having resolved most of those issues, we decided that a good way to kind of finalize the decisions that were made would be to produce an MOU, just so that both sides going forward, as folks changeover and whatnot and memories aren't so good, that the decisions that were made are written down and so we have drafted that MOU and we are still working with ACHD, but we wanted to come back and -- on a couple of the items there that we felt that -- we wanted to make sure you kind of knew some of the possibilities that could occur there and get some input on those before we go back to ACHD and work to finalize that MOU, so -- and you have that -- I believe you have the draft MOU there before you. Only two issues I'm really going to touch on. If there is something else in there that you would like to discuss, feel free to bring that up. The two issues -- the first one is relocations of city facilities, water and sewer lines, when ACHD does roadwork. The question had come up does the city necessarily have to move water and sewer when ACHD does a road project and there is a conflict that occurs perhaps with their -- frequently with their storm drains and as there is a lot of cost associated with us moving those facilities around when they do a road project and ACHD provided us in our meeting with some -- kind of a summary of state statute and some case law that pertained to utilities and the rights of way and we kind of took that information on to Ted Baird, our legal counsel, who looked through those for us and, basically, came to the conclusion that ACHD's current policy, which is if we need you to move it, you're going to need to move it, is supported certainly by state statute, although some of the case law is really more pertaining to private utilities and the rights of way, which they are in the business of making money, so it makes more sense to them if they were -- public utilities are a little bit different. But, at any rate, we -- having that information, we -- as the MOU is drafted now, we, basically, then, decided that the best route to go is just to work -- set up some procedures to help us minimize those conflicts in the future, so that we are not spending as much time and effort on them and just to note that we do work very diligently when we get projects in from ACHD and review those plans, to see if there is any way that we can minimize conflicts, but just for a little bit of information, the cost last year associated with those kind of relocations was in the Meridian City Council Workshop September 14, 2010 Page 83 of 102 neighborhood of about 25,000 dollars.. This year it looks like perhaps maybe about 30,000 dollars. So, it's a little chunk of change that we spend on those and we just wanted to let you know that that's kind of where we have landed with it and certainly there is -- we could push that a little bit more with the highway district, although as I mentioned before the state statutes are -- certainly can support that policy for utilities in the rights of way. de Weerd: Mr. Nary, I guess I would have a question. When Mr. Baird looked at that, can you tell me in the -- not in the utilities that would be other -- other types, but when cities go and do that that they have their own road departments, who are they charging those improvements to? Are they charging it to their enterprise fund for the utilities or are they charging it against their road dollars? Nary: Madam Mayor, I don't know the answer to that question. I certainly can find that out, but Idon't -- I don't know that today. de Weerd: I think that might help us in this -- we can't really -- like was pointed out, we can't compare it to the for profits, but certainly we wouldn't be reinventing anything if we could see how it's handled through a typical, ordinary cost for a city that has both the utilities and the highways or roads and how they charge it out. Nary: I'll find out that answer. de Weerd: Okay. Barry: Madam Mayor, I would also, if I may, like to express additional concern associated with this in principle. You know, we are members of the Utility Coordination Council, and place our utilities in the rights of way in the proper locations that are designated for us and agreed upon and so from a principle standpoint, since we have installed our utilities correctly in the correct locations and end up having -- you know, after paid -- after paying for those utilities, having to, then, relocate those utilities, which isn't a concern for us, we are happy to relocate the utilities, the concern is the cost, who bears the cost. Why should our ratepayers paid twice for the same infrastructure is really the concern here, when the -- when the county highway district is the one precipitating the improvements. That's what at basis is the concern here and certainly Tim's work and along with Ted and others, have suggested that there might be statutes that support the requirements, but when we are in the position of deeding over right of way left and right from developments and giving those over to the highway district for them to, then, turnaround and require us at our cost to move utilities that were agreed upon in these corridors, seems a little bit troubling for us. So, one of the things we wanted to do is provided some preliminary research and information that we found on the topic and get your sentiments as it relates to that in principle and if the Council is happy with the way things have gone in the past for us on this issue and want us to just, you know, continue the course that we have in the past held, that's certainly fine. If, alternatively, you would like us to spend more time on this particular issue, we are happy to do that as well. But we are at the point where we wanted to at least bring that Meridian City Council Workshop September 14, 2010 Page 84 of 102 particular issue to your attention, maybe offer up a couple of opportunities for maybe you to work with the commission or have us take a different course of action or whatnot, but we definitely wanted to bring it to your attention as a concern of ours. de Weerd: Thoughts from Council? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I agree with not having our ratepayers charged twice for the same infrastructure, just because somebody else decided it needed to move. I'm -- I think that's in the right thought. de Weerd: Our ratepayers are going to .pay twice regardless, whether it's through ACRD or the city. Zaremba: That's true. de Weerd: I guess I'm more interested in the legalities or what -- what is allowed. Any other thoughts? Rountree: Well, you can keep beating your head against the wall and see if you get differing results, but I'm not sure you're going to change anybody's mind. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: This is kind of a side issue, but does this also address -- what was the issue, maybe a year and a half ago, something like that, Ustick and -- Curns: Linder? Zaremba: -- Linder when on a weekend they discovered they needed to move a water pipe, some contact mechanism, an approval mechanism? Curns: Councilman Zaremba, actually, that's one of the items that we wanted to formalize in this MOU and that is under item number five, emergency or unplanned alterations of city utilities, just to make that clear that the water -- especially the water infrastructure is very important, that nobody other than -- someone certified from the city is touching that and that we know that it's being altered. Rountree: They can't anyway by state statute. Curns: Right. Meridian City Council Workshop September 14, 2010 Page 85 of 102 Zaremba: But they did. Rountree: They may have done it, but it was illegal and needs to be pointed out. de Weerd: I think it was pointed out. Rountree: Yeah. Barry: Absolutely it was. de Weerd: You know, again, I will go back on the ratepayers paying twice. I would like to see how they are charging it across this state to see if it is a legitimate road expense and that sets precedence and I guess it would support an argument or not. So, I think we need to kind of have something that backs up what our argument would be if we can make it. Barry: And, Madam Mayor, if I may, the fact that -- you know, your comment on the ratepayers paying twice for an infrastructure, I'm not sure if that's actually the case, particularly since the improvements to these intersections and the relocations required because of these improvements are largely impact fee related from ACHD. Our ratepayers would not be paying those, it would be new development paying those impact fees. So, I'm not certain that -- I mean certainly there is a case to say, well, somebody is paying twice, perhaps, but in this case our ratepayers are paying for the services they already have, as opposed to new infrastructure being put in or having to be relocated because of new development associated with ACRD infrastructure financed through impact fees. de Weerd: Well -- and, again, I don't know if that's a qualified, cost. Those impact fees for ACHD -- they have some odd formulas to it and, you know, existing asphalt, even if your base was not in correctly, it does not qualify. There is a lot of weird stuff. So, I guess just -- I think it needs a little bit more research on it and, then, it gets back to the whole discussion we have about fees in general to public agencies and if we don't get charged impact fees on ACHD's side, that is a significant savings to the city, you know, are we kind of splitting hairs and that's -- we just need a little bit more information before we go down that road and that's -- that's all I'm saying. I understand the principle of it and maybe some additional information can at least get us some discussion on placing it in a more permanent spot, because it could be either of our dollars at risk, instead of not thinking it well through on the highway district's side as we look at more permanent easements and how we can drive that discussion. I don't know yet, Tom. I do understand what you're talking about. I am just as concerned about this as you are, but think we need a little backup as well. Barry: Uh-huh. We would be happy to grab that information for you, Madam Mayor and Council. Meridian City Council Workshop September 14, 2010 Page 86 of 102 Curns: Anything else on that particular item or -- de Weerd: No. Curns: Okay. Moving onto the second one here. And kind of related to that is collaring water valves and I brought a picture real quick here just to make it easy to understand what we're talking about. Hoaglun: Is that what they refer to, Madam Mayor, and Tom, as potholing of utilities? Barry: No. Hoaglun: Okay. Just checking. de Weerd: So, what is potholing of utilities? Barry: So, Madam Mayor, potholing of utilities is w different techniques, but, essentially, it's alocation -- air knife techniques, meaning that you will drill down the soil and try to identify physically the locations location procedure for identifying utilities in certain generally referring to. Sometimes those potholes c small, but generally that's -- that's what's referred to. sere you -- you can use a couple it's a physical location, usually by into the -- through the asphalt into of pipes under the ground as a areas. That's what potholing is ~n be very large, sometimes very Hoaglun: And, Madam Mayor and Tom, has any of this been discussed with ACHD staff? Where are you in this whole process on this MOU? Barry: Right. I know that staff have been meeting with ACRD to talk about these particular issues. There is still some disagreement on some of the fundamentals in the MOU, which is why certainly we wanted to make you aware that we are having dialog. It's been fairly productive dialogue, as I understand. I have not been at the table, but staffs reports back have suggested that ACHD is open to talking about these issues and while there may not be fundamental agreement on all issues, we wanted to see if we couldn't move forward in formalizing some very loose understandings and get to better agreements with regard to the way each agency works and coordinates together. So, that's just one of the endeavors that Tim is on with regard to this memorandum of understanding, so -- Curns: We finally have the picture up here, so that what you see just to the right there and that's actually a sewer manhole. The concrete that rings that is the collar and you'll see those in the road when you're driving around, both on the manholes and on a water valve and so when ACRD does an overlay project, of which we have very many this year, and the road elevation is changing with that, those scholars are broken out and, then, the manholes and the water valves are re-adjusted to that new grade, so that it makes it smooth and, then, the concrete is poured around the outside of it. So, related to the previous item I mention with relocation of utilities, the current practice at ACHD is Meridian City Council Workshop September 14, 2010 Page 87 of 102 that they pick up the tab and include in their overlay project the collaring and the adjustments to the manholes, our manholes, but not for our water valves and so that struck us as being a little bit odd and we had some discussions with them about that as kind of these -- seemed odd that if they are doing an overlay project and we are not even involved in any way, doing any kind of utility work, why would we -- first of all, why would we be paying for something that's required for the overlay and, second of all, why would they just do one and not the other? And so as it turns out in brief, it's not actually their policy to pay for the sewer manholes, it's just something that came about through some issues that they had with the different sewer districts in the area and once they kind of extended that practice when they had to extend it to everybody else. So, that's how this came about and we asked them if perhaps they could consider picking up the tab for the concrete and the adjustments for our water valves, so that it's all in one project and the costs are all born in that project and they agreed -- have agreed so far to take that to their commission for discussion and the reason that I bring this to you is that they had mentioned to us that there is that possibility, because the sewer manholes are not in their current policy, there is a possibility the commission would say why are we paying for these in the first place, we are not going to pay for any of it, so we might end up worse off than where we started and so as it relates to that first item, they kind of invoked that reference to state statute and that this is an adjustment of facilities, it's not theirs, it's ours in their right of away and so we should bear the cost for those. And as with the other relocations, it's not a huge cost, but this year we stand to spend about 14,000 dollars just on readjusting these. So, it's a small chunk of change. So, we just wanted to bring that to you, just to let you know what that risk is if we -- if we do take that forward to the commission. de Weerd: Tim, I guess United Water, are they dealing with the same costs then? Curns: United Water, Madam Mayor, is a little bit different of a situation. These concrete rings are arequirement -- or I should say they are in the ISPWC, which is the state standards that all the public works agencies use. United Water, being a private utility, they can kind of use whatever standards they want to use, so they don't actually do this. They do pay the cost to come out and readjust things to make sure they are flush with the new road surface level, but they don't to the new concrete -- actual concrete part of it. de Weerd: Who does? Curns: It's actually not done it all. If you drive into the city of Boise where -- United Water's area, you will see that the water valves are there, but there is no concrete ring around them, so they're -- they're not paying that cost. They are paying the cost to readjust it to the correct grade that the overlay is causing. Hoaglun: Madam Mayor. I don't know how much -- if we lose out and they go, well, you want us to pay for that, gee, we shouldn't even be doing the sewers, you know, what's that cost to us? Do we -- do we know what that cost would be? Meridian City Council Workshop September 14, 2010 Page 88 of 102 Curns: I haven't actually calculated it out, Councilman Hoaglun, but we have roughly the same -- well, I'm going to say we probably have about the same amount of manholes as we do water valves in the roadways, so it would be somewhat in the same magnitude of cost as what I -- Hoaglun: But, Madam Mayor and Tim, are the manhole covers bigger than the water valves? Curns: Yes. Hoaglun: Okay. Curns: Well, they --depending on the size of the valves cluster, yes. Hoaglun: Yeah. I guess the thinking is, okay, do we -- do we just keep paying the 14,000 average and just let sleeping dogs lie in this case and -- or maybe we can get both, but I don't know, if I'm a betting man, you know, they're -- they are looking ways to cut some of their cost. I don't know. That's -- that's a hard one. de Weerd: Or as Council Rountree pointed out to me, you just have asphalt around them. I was envisioning holes. Hoaglun: But as I understand, the state requires -- the Idaho State Public Works Manual standards, whatever, I think Warren will enlighten us here -- Stewart: Maybe just a little bit. Madam Mayor, Members of the Council, the ISPWC is the standard that everybody uses. It doesn't mean we have to use that. We are entitled as a city to adopt a different standard. I'm somewhat familiar with what United Water does. United Water doesn't collar, but they use a different manhole riser and a different lid and when they get done with an overlay, they take a crowbar out there and they chip it out until they can get underneath their lid and pop it off. It's not pretty. And it's probably not -- you know, it works for them, they use it, but I have seen both, used both. wouldn't necessarily say that that's a standard that we want to adopt as a city. So, collaring has its advantages. One of the things that I think Tim may be planning on mentioning is the fact that we are looking at the possibility of other technologies for manholes or for valve collaring that would not be concrete. There is some new technologies out there. We haven't -- we are actually planning on running a test on one of them to see if it's something that's feasible, but it's really premature to say that at this point. So, that would potentially save us -- if it looks like it's going to work, it would potentially save us some money, but what we are really looking at right now is that it seems sort of odd, we have raised the question with ACHD, where did this hole standard come from, why do you pay for manhole collars and not the valves and on an overlay project where we are not even involved in any way, it would seem a lot simpler if we could include both. They were opened to the idea, but, then, came back and said, you know what, we sort of looked into it, found out that we really didn't get this officially done with the manholes in the risk that we are going to run and if we run it all back in Meridian City Council Workshop September 14, 2010 Page 89 of 102 front of our folks, they could say, well, we really don't want to do either one. So, what we are really asking you is we could push the issue with them and they are willing to do it, their staff is willing to take it, but there is a risk. de Weerd: Pandora's box. Stewart: Could be. de Weerd: I bet it will. I don't think there is any could about it, personally. Rountree: Careful what you ask for. de Weerd: Yeah. And in this case I think the likelihood is greater that we will end up paying for both. Stewart: It is definitely a possibility. It's just one of those things that as we were working through these issues with ACHD staff, asking them questions, trying to find out more information, you know, we sorted it out and we wee like, okay, it's an issue we could take up and we could sort of find a resolution to it and maybe it's worth the effort and maybe it isn't. So, we wanted to find out if it's something you felt like was worth pushing. Barry: And, Madam Mayor, we are no different than ACHD in trying to reduce our costs in this economy as well. Obviously, we found two areas where we thought we could save on the order of around 50,000 dollars a year for projects initiated by another agency, but, yes, there are risks associated with that and that's why we are here to entertain those, the discussion with you regarding those risks. So, we are bearing the costs now. Who knows what those costs might be in the future and if we might be able to get a positive change. We're not certain. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Well, you know, the subject is being openly discussed in a public meeting and I know that some folks at the executive level at ACHD actually read our minutes, because I have had my words repeated back to me before and that's fine. So, my guess is if -- if what we fear is going to happen if we ask the question, it's going to happen anyway, I believe, because they will read this dialogue and will say, uh, maybe there is a way for us to save 50,000 dollars on a project. But just on the remote chance that they don't read our text, maybe we don't ask and see what happens. de Weerd: You know -- and, again, I would go back to my -- my comment on the other topic is if it has been a typical road expense for the cities that have both roads, utilities, think that, again, goes to an argument either direction. So, I would like to know that as well. Meridian City Council Workshop September 14, 2010 Page 90 of 102 Stewart: Madam Mayor, Members of the Council, we certainly can look into that. The one thing that hasn't changed, Council members, really, is the premise behind -- or the reason behind why ACHD first started collaring the manholes. That would be the only driver that might cause them -- even if they read this, they might say, well, we're going to leave that sleeping dog lie, because the reason they started doing it in the first place still exists and so they would have to address that. How are they going to deal with that problem if they go back and don't collar. It doesn't have to do with Meridian, but it has to do with other entities, so -- just looking to determine whether we need to push the issue or whether we should just say, okay, now we understand, we will leave it be. de Weerd: I guess I would like the answer first, then, let's let Council earn their dollars. Make the decision. Bird: It's your dollars, our pennies. de Weerd: So, Council, what would you like to do on this one? It seems to me that this is all part of the -- the first. piece that Tim talked about and you can wrap it up in that discussion. I don't know that you necessarily need to split it out and push the topic. If we're going to push the whole idea of utilities in the right of way, incorporate it in that dialogue and that discussion. de Weerd: So, first find out how it's typically paid for? Rountree: Yeah. de Weerd: Okay. Stewart: And, then, sort of an all or nothing approach, is that -- Rountree: Yeah. de Weerd: Okay. Curns: Thank you very much. I. Public Works: Strategic Plan Update de Weerd: Thank you. Okay. Item 7-I. Mr. Barry. Barry: Okay. Seeing that we're going on 11:15, you will be happy to know that I have only a short one hour presentation, so I will go ahead and just jump right into this and -- Bird: That would be short. Meridian City Council Workshop September 14, 2010 Page 91 of 102 Barry: No. We have a short presentation for you this evening. You have seen many times and for many months now our strategic plan and so I wanted to come back before you this evening and share with you a little bit about what we have done since we last talked with you about our strategic plan, which you now have again and to empathize some of the -- recognize some of the comments first that the Council -- and concerns, rather, that the Council expressed and also take this opportunity to, hopefully, build credibility and confidence in our understanding of those and, hopefully, show that we have embraced the majority of those suggestions and comments and want to entertain certainly at the end any additional questions or comments you might have. Just really quickly, you know the strategic leadership team. Most of them are -- or a good chunk of them are still here despite the hour, but I do want to recognize them, because this is as much their work as it is mine, so you see their names here. I won't go through the list, but I know many of you know them by name. In any event, I want to go through and recap where we left off. As you may know, we presented the plan on July 13th originally to the City Council. Council provided a bunch of comments, questions, concerns, thoughts, those sorts of things for us to consider as a strategic leadership team and, then, asked for some time to go through the document in more detail and to also acquire some additional information. We solicited additional comments and questions, concerns, thoughts, insights from the Council between July 13th and August 13th, then, our strategic leadership team met on the 16th of August to go through those comments and make formal responses. de Weerd: I just wondered how you were doing that. I didn't see you pushing the little thing and -- Barry: I have a magic flipper here, so -- in any event, the discussion at the strategic leadership team on the 16th included our Council liaison, we appreciate having Councilman Zaremba attend that meeting as well and we revised our plan and presented that in your mailboxes on August 31st. With that you know that we included all the comments that we received, at least up to that point in time, along with responses and a revised copy of the strategic plan. So, that's, essentially, kind of where it leads us up to where we are today. For the benefit of all the Council and the public and so one and so forth, we wanted to just make sure everyone knew that we did receive 23 comments during our review period and the comments were -- had similar themes to them, which we wanted to go through. One of the themes was the implications of the strategic objectives. and how they related to funding both in the short term and long- term. What the integration of the strategic objectives would look like with the annual budget, our work plans, the CIP, Council focus area and priorities. How does all of that relate and I will get to that in just a minute in more detail. Another theme was the scope of some of the objectives. There was thought that some of these objectives should really be expanded to enterprisewide or citywide initiatives. Additional thoughts included the clarification or the need to clarify roles and responsibilities of Public Works regarding certain objectives and, then, suggestions were also made to either delete or modify specific objections or text or thoughts contained within the document. So, what we did as a strategic leadership team is we took these comments and we tried to, on these themes, identify what was really behind the concerns of the City Council and we Meridian City Council Workshop September 14, 2010 Page 92 of 102 got specific comments, which were very helpful, but we also wanted to just sort of give back to you our affirmations as it relates to the strategic plan, sort of our guarantees, if you will, our promise back to the Council, because we think that's important that you know we understand your concern and that we want to embrace them. The first thing -- orfirst affirmation is that we -- we -- we want everyone to know that the strategic plan is not only aligned with, but it's built on the very foundation of the City Council's focus areas and priorities. So, we feel fundamentally it is in complete alignment with where the Council has chosen those focal areas and objectives or priorities. Secondarily, Public Works recognizes that the approval of the plan itself does not represent approval of the -- or, excuse me, let me rephrase this. I'm skipping ahead. Public Works recognizes that approval of the plan represents approval of a direction for the department and not the financials for each and every initiative in and of themselves. Which leads me to the next point, which is that we do not assume that support for any particular strategic objective necessarily translates to funding of that objective and as we have mentioned in our plan and in the diagrams associated with our plan, we know that those objectives, whether they be projects, initiatives, tasks or so on and so forth, we have to come back before the Council for financing and that that would be the opportunity to provide staff the input as to whether or not Council saw the validity of any one of those objectives moving forward. We also want to affirm that we will come back to the Mayor and the City Council for periodic updates with regard to progress on any of our strategic objectives or, alternatively, changes to the strategic plan and so any significant change that occurs, whether that change is precipitated by a change in leadership at the department level or a change in leadership at the Council or mayoral levels, we want to make sure that whatever the Council's strategic plan -- or strategic focal areas are, that they are in alignment with our strategic plan and each comports, so that we are all moving in the same desired direction. Also, we will endeavor to communicate, collaborate, and coordinate all of our strategic objectives consistent with Meridian's CARE values, which is why you know our CARE -- the CARE values have been incorporated into our strategic plan, meaning that we will be working with other departments, other divisions, to the highest degree that we can in order to further those objectives that might be important to Public Works, but might also have relevance to other divisions and departments citywide. And, finally, the adaptive management is really the process that we are embracing throughout the entire document that will allow us to continue to refine and progress the initiatives as they have been reported and also to identify new initiatives and the appropriateness of existing initiatives as to being continued in their inclusion or, alternatively, being dropped from the plan, as they may not make sense with time. So, with that, those affirmations, we want to just quickly say, well, what's been done, what have we done in the last couple of months. I have provided you a much more detailed synopsis of how we change the strategic plan and so I won't go through this in detail, but, essentially, we changed a bunch of stuff in the introductory text to try to clarify some of the themes that we saw the Council's concern were centered around. Additionally, we modified or clarified the intent of several of the strategic objectives and we added or removed a few of the activities under the strategic objectives when it seemed appropriate based on the Council comments. We have also reprioritized, retitled, renumbered the placement of a couple of different strategic objectives and we tried to clarify those roles and responsibilities and also demonstrate Meridian City Council Workshop September 14, 2010 Page 93 of 102 increased coordination of several of the strategic objectives when they involve divisions and departments beyond Public Works. So, the strategic plan document in its revised form is still pretty impressive. It's a 56 page document, which includes 75 strategic objectives for the department. We had all eight contributing divisions help put the documentation together. The time horizon, as you know, is a five year horizon and each objective supports at least one or more of the Council's focal areas. Again, if we couldn't make a connection with what was important to the Council in the identification of their strategic focal areas, we didn't include it on the plan. So, now I wanted to provide a graphic that sort of takes visually what I'm suggesting as it relates to the importance of this plan and also recognizes that there are a lot of other components to this plan and how do they all fit together and how do they fit together with the budget. That was one of the questions of the Council and so as you know we have a vision for our department and that vision is -- has been circulated through the Council several times and the vision is, essentially, a target for us. It is a point where we put our sites on and we pull the trigger. What we are talking about now is we have got our sites set, but we need to pull the trigger and how does that -- when we pull the trigger what does that mean with regard to all of the other types of plans, whether they be work plans, strategic plans, capital plans, master plans, how does that all work together? And the way it works together is simply -- de Weerd: It's too late for that graphic. Barry: I know. It might be a little confusing for you, but it will settle down in a moment. The idea here is that our strategic plans, our CIP and our master plans, our work plans, all overlap and they are all contained within our vision and they are all controlled by the budget. We can't do work plans without the appropriate financial approvals, we can do strategic plans or objectives, we can't do CIP or master plans. All of them are controlled by the budget. So, we want to give peace of mind that we understand budget limitations are fundamental as it relates to the approval of any individual objective. What we are asking tonight for is simply the approval of a direction. A direction that we have been very specific in and have developed a series of tasks, actions, strategies, performance measures, and objectives to achieve. So, that's really what we are talking about. I don't need to go over these focal areas, because you developed them, so you know them. But, as you know, they are adopted by our strategic plan by inclusion. The same thing is true for our vision statement. Our vision statement is far reaching, it challenges us to the year 2030, and the first five years are included in the strategic plan that we presented to you. The CARE values, the way by which we are going to do the work is also included. It's not important to us to solely have what should we do, but we also want to do how we should be doing it. Quality customer service, accountability, respect, excellence, all of that's import in the way we carry out our strategic plan. So, those are being adopted by reference and inclusion into the document as well. You know that fundamentally in Public Works we have taken a very data driven approach to the way we do things and we figured the more that we correct and study and find, the greater knowledge that we're going to have about what we do and about what we should do and with that knowledge comes greater understanding and with understanding becomes additional insight and it's the insight that we are after, because the insight helps us to Meridian City Council Workshop September 14, 2010 Page 94 of 102 visualize what it is we need to do. So, it's a long step to get to visualizing what we want to do and that visualization will change as our insight, our understanding, our knowledge and certainly the data that we acquire changes as well. But once we visualize, now we have the important role of making sure that we collaborate with one other that we create responses to change, that we communicate those responses, that we inspire one another to do better always, that we complete what we say we are going to start out with. Ultimately we evaluate the completion of the work to make sure it meets the performance measures we have set for ourselves and that we contemplate whether not the desired outcomes met our goals and we repeat the cycle over and over again. Again with data being the fundamental contributor to what we do as a department. So, you've seen this slide as well. I won't spend a lot of time on it, but one thing you know is -- or should know or we wanted to reinforce is that the document is a living document. It is a document that is subject to change and continual growth and we will have to be diligent about making sure it's up to date, refined, and communicate that with the City Council. We also want to make sure that department staff have opportunities to reflect on our accomplishments and adjust through adaptive management to meet the new challenges that come forward that we may know about and many that we do not. Finally, adaptive management is going to be that process, as I mentioned, to where we will try to aspire to achieve the goals and objectives for our department and modify them to meet the current reality. Lastly, strategic planning, as you may know, is one of the most important responsibilities of the leadership of any organization. It's the activity that ensures that a clear vision is developed for the organization, that appropriate strategic objectives are developed to achieve that vision, that appropriate resource deployment decisions are made to achieve the strategic objective and, finally, that measures are put into place that insure attainment of those objectives within the specified time frames. This Public Works strategic plan will serve as a roadmap for our departmental success. It will also serve as a tool to communicate the department's intentions to the community, focus the direction of our financial resources and employees and insure that our short- term goals and objectives are met in a timely fashion to insure attainment of our overall departmental vision. With the strategic plan we are guiding our organization to a destination that has been chartered by the City Council. We are directing our staff talents and energy to accomplish a larger and more important purpose. We are focusing our time and resources on those things that will make the biggest impact in our community and we are moving our organization to one rooted in exceptional service, innovation, and aspiration. And it's for all of these reasons and so many more that I asked and stand here before you and ask for your adoption of our five year strategic plan and with that I will stop and take questions and I have some staff here well if you have questions for them. So, thank you for your time and consideration. de Weerd: Thank you, Tom. Council, questions? Rountree: Madam Mayor, it's not a question. Did receive the blow-by-blow account of what the changes were and the memo. I got my review document back. I started going through the memo and my review document and the revised document and about three pages none of it was jiving, so it clicked that, well, nothing's been done. So, I went through two tests, picked two obvious changes that are stated have been made, went to Meridian City Council Workshop September 14, 2010 Page 95 of 102 those pages, looked at those pages -- I have a copy of the original document. So, I don't have a revised document to review. I would like one. I'm not ready to -- to cast opinion at this point. What I read in the blow by blow account makes sense, but I haven't seen it in context with all the other changes, so I would like to see it that way before I take action. And I apologize for not making that comment sooner, but it was like the middle of this weekend that I looked at it and it wouldn't have done you a heck of a lot of good to get my comments on Sunday afternoon. So, anyway -- Barry: I understand., Mr. Rountree, and I apologize for that. I'm not certain what -- Rountree: I'm not sure what happened. Barry: -- what happened there either. I guess I would ask the rest of the Council if their books are as you have described as well. Rountree: And I would direct them to page 20 and it's an obvious change that they made on -- on BO-8 and it makes reverence to eliminate unnecessary vehicles, which they say in their comments they eliminated, but on my page 20 it's still there, so -- that was the one that confirmed that I think I got the original document back. That was my test. Barry: Well, I appreciate the -- you looking at that in detail. I'm looking at mine as well, too. Rountree: Page 20 of 56. Barry: Yeah. Under activities. Yeah. I have the -- evidently, the same copy that you have, which does not show that change, so I'm assuming Council -- Rountree: No. And further reading I got the same kind of thing. So, I'd just like to see it all in context, all the changes, so I can read it and make sure that it makes sense. Barry: Absolutely. That's completely reasonable and I, again, apologize for that. I will make sure that we get you a revised copy with that. Now, we did not do it in red line, that's where we had the extensive cover sheet, because -- Rountree: You did it in blue line. Zaremba: Actually, I was the one that suggest that they not do the red line, so I may be at fault for -- Bird: No, you're not. Barry: Not at all. We -- it's our error, Mr. Zaremba, in that evidently we did not print out the -- the right copy. It looks like we printed out the original and changed that out with the original that you had. I mean that's what it appears at least at this point in time. So, Meridian City Council Workshop September 14, 2010 Page 96 of 102 that's a snafu on our side. So, I apologize for that and cannot expect for you to adopt this at this point in time, obviously. So, what we will do is get you a revised copy -- Rountree: Great. Barry: -- that comports with the revisions and I guess we will be seeing you again. Hoaglun: Madam Mayor and Tom, if you could, on things like DS-5 where we had talked about this was the evaluated business license, slash registration program for the City of Meridian and Council said, you know, delete this objective. If you -- on some of those areas where we said delete, if you could make note that -- in red or someplace that this was one of the objectives -- in blue you talk about you want to retain that. Barry: Correct. Hoaglun: You know, it's here and if we were to adopt this, well, it's there, we just adopted it, complete strategy to evaluate a business license and I don't think that's -- it wasn't my intention that we were going to do that and you make a case, well, we have to understand the merits of it and do the study and, then, we can bring the proposal -- I'm not ready to go there. So, why waste the time to do the study if I'm not going to go there and I think the other Council Members, from what I heard from that meeting, weren't going to go there, so let's not waste staff time to do that and -- make the argument, but -- so some things like that where we said get rid of it -- you can make your argument, make your case, but kind of show that, you know, this is one that may be deleted if -- Barry: I understand what you're saying, Mr. Hoaglun. I'm trying to devise a way that would be productive in your review that would show that. I guess we thought we did that in the blue line document where -- Hoaglun: It did work. It did work. Yeah. Barry: I just don't know how -- Hoaglun: Yeah. I was doing the same thing as Councilman Rountree, trying to figure out, okay, and go back to DS-5 and keep that, okay, it's all in there. Same thing. It was -- some of these things weren't quite matching up. Yet some of them where, you know, -- where you recommend -- continue its inclusion within the strategic plan and you did -- you talked about in the blue areas you made some modifications. Well, I didn't quite -- when (read it, okay, was that modified compared to what I read before and (couldn't -- I couldn't tell, so -- Barry: Right. And, evidently, you know, as we have discovered this evening together, the document is not -- it's not the revised document that we had intended for you to receive, so -- Meridian City Council Workshop September 14, 2010 Page 97 of 102 Holman: Okay. Barry: -- that does make it difficult. Hoaglun: If there is a way to figure that out, you know, whatever makes it easier for everybody, it's a good thing. Barry: Okay. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: If I may discuss the specific issue that I think it was just mentioned, we have had discussion with economic development and I think the fire department and perhaps that clerk's department, that we should be exploring business licenses in the city, which is -- if I'm understanding what Mr. Hoaglun just said -- and perhaps Mr. Rountree, they are wanting to eliminate the exploration of business licenses or just don't think that Public Works should be doing it, somebody else should be doing it? I'm in favor of exploring the business licenses. I have to say that. Whoever does it. Bird: Madam Mayor? Zaremba: And it's very typical. I mean I had a business in another city and we paid according to how many employees. I had less than five and paid I think it was 385 a year for my business license. de Weerd: Mr. Bird. Bird: I am not in favor of a business license at all and I believe that our fire department, since we have got afull-time inspector and stuff, does a pretty good job of telling us what's in the businesses and really and truthfully in emergencies they are usually the ones that are called out, they are the ones I would want to know what is in each business and stuff is our first responders, so -- and as far as a business license, I have went down that route in 1964, '65 in Boise and it lasted six months. They are a pain in the you know what. So, that's mine, David, on that. I think that through the inspections that we are covering and stuff, I think that we know what businesses are out there and what's in the businesses and I am quite sure that if one of our fire inspectors found something that they thought would be harmful to the Public Works, they would certainly relay the message and --- because it's to their benefit. de Weerd: You know, I guess there is maybe a question out there for our fire chief, but this discussion has been had a number of times at the directors level and I think Public Works at this point, because it has a significant impact on their environmental program, is just trying to take the lead -- take the lead for the discussion and it's a continued and it's an ongoing discussion, not just with the environmental group, but with the fire Meridian City Council Workshop September 14, 2010 Page 98 of 102 department, with economic development and I think our -- clerk's office and -- I think we have had some interest almost at every level in the departments and I think what you have in the strategic plan with Public Works is someone was taking the lead and convening the other departments to have a more in depth and focused discussion about it. It's -- I don't think it's existed as long as the split corridor discussion has, but it certainly has been probably discussed as often as it has. And I think the last discussion we had with City Council on that was there continues to be concern in some of the regulatory and department's that deal was whatever is in the buildings or being flushed from the buildings or -- you know, I think there is a number of descriptive words for it, but it's because of the significance, it has not gone away -- that the need for the information hasn't gone away. And, again, I say that I think Public Works is just trying to attempt to lead the discussion and that's what you're getting in the strategic plan. So, I think we can bring this back and have that dialog again in the interim. We can put it on a director's meeting and, you know, maybe see how we can help support this strategy in this book as well, because I know they had a number of discussions at their level, we can probably add to that discussion as well. Barry: Yeah. It was interesting, Madam Mayor, one of our discussions as a strategic leadership team reflecting on this particular objective was that it struck us as interesting that we would require a license for a pet in this community, but we would not require a license for a business that can pose a lot more danger than the pet and that it's a misdemeanor if you don't get licensed -- you don't get your pet licensed. It just doesn't comport with us. So, we wanted to look at the pros and the cons of the business license, in addition for all the other reasons that you have described. Environmental, health and safety, security, public safety, you name it. So, it seemed prudent for us to at least have a look where we can definitively say here is the information, it makes complete sense, here is the information, it makes absolutely no sense. You, as a Council, get to choose what you would like to do. If the majority of the Council would like for us not to take that on -- I mean we will take that -- we will take that direction as well, but -- de Weerd: But I do think that Mr. Bird raises a point. As the fire department has gotten more on top of these -- going in, evaluating the businesses, part of that discussion and why I think the strategic piece in this plan is even more important, is to see how maybe we could even do it without the business license and just to have those discussions and how we can better communicate among our different departments of people that do go out on site, whether it's the environmental team, whether it's the fire inspectors, whether it's on a business visit with our economic development or what have you, maybe that's not the end goal is the license itself, is to achieve the objective of knowing what is in our community, what's going into our systems, and what those potential hazards are. And maybe it is even better tracking the numbers of businesses in our community and knowing if we are having growth or if we are not or what have you, so -- and it's a discussion point and we will try and flush that out between now and then as well. Bird: Madam Mayor, could task aquestion -- Meridian City Council Workshop September 14, 2010 Page 99 of 102 de Weerd: Mr. Bird. Bird: -- and maybe somebody can tell me for sure, but as I recall when we -- if we handle -- and at times we did handle some -- our wholesale manufacturing company did handle some chemicals and stuff and we -- not only the people working on it had to be licensed, but we also had to get a license through -- I don't know which government, but it was -- it was in our business hanging on the wall that we handled a certain deal. de Weerd: Probably the Secretary of State. Bird: Is that still -- is that still applicable where you could call EPA or DEQ or whoever might have it? I can't remember who used to issue it. Do you know? de Weerd: You need to -- Bird: Yeah. Come up here. I'm -- I'm trying to remember who issued them to us. MangErikh: Under the federal law, Mayor and Council Members, there are health and safety requirements imposed by OSHA on hazardous waste generators -- Bird: Yeah. We know that. MangErikh: -- and, then, there are also federal DOT hazardous waste requirements as to separation of hazardous constituents, storage, retention on site, how they're handled and disposed of. So, what you are referring to was probably a material safety data sheet. That gave you health and safety information about the product that you were using within your processing. Bird: We had to do that on every job for every piece of caulking you took to the job and everything else. But we actually -- with certain chemicals that we had within the production of our facility over there, we actually had a license that was on the wall about this high, that was issued by somebody. I don't know who. I will find out. MangErikh: Yeah. Good question. Thank you. Bird: And it was probably before OSHA was ever dreamed of. I just was wondering on that, because that -- you know -- Zaremba: Thank you. Any other questions or comments? Bird: I have none. Zaremba: I would just like to say, I appreciated being included in the strategic leadership meeting where you were going through and I felt the strength of thinking and thought process and forward looking in the room was impressive and Ijust -- as a plan - - to have a strategic plan in the first place and the way I describe it, when you first came Meridian City Council Workshop September 14, 2010 Page 100 of 102 to the department it was in firefighting mode and I think this activity is a huge step in getting your department out of firefighting mode and the forward looking I really appreciate. So, we may need to tweak it a little bit again, but on the whole I want to thank everybody for their effort in it. Barry: Thank you, Councilman. Appreciate that. Zaremba: And the Mayor has returned, so I will turn it back over to her. de Weerd: Any other questions or comments? I'm sorry. Sitting from 6:00 o'clock I just had to leave. Bird: You're not the only one, so let's hurry up. Rountree: I will get copies of the -- Barry: Absolutely. Yes, sir. Rountree: Thank you. Barry: Thank you. I'm sorry about that. I think I do have the next item. de Weerd: Yes. Well, we have are ready done the backflow prevention update. I know. So, 7-K. K. Public Works Department: Approval of Additional Reimbursement for Employee Crystal Green's Tuition Expenses For aNot-to-Exceed Amount of $500.00 Barry: So, this item should only take about 45 minutes. No. Actually, it's -- Bird: That short? Barry: Yeah. Zaremba: I vote yes. We're done. Barry: It's actually very very short. We are just here before you, because City Council or -- or, excuse me, city policy 5.4 requires us to come before you with this request. Essentially, it's a tuition reimbursement for Crystal Green in the amount of 500 dollars. We have previously authorized reimbursement up to the thousand dollar limit under this policy for this fiscal year and there is this last request for this fiscal year of 500 dollars. It's related to her secondary degree, her master's degree. She's our laboratory technician out at the wastewater treatment plant, has showed great promise and initiative with our department. We don't make -- actually, I have never made a request of this kind before, so it's pretty unusual for our department. We have the money in our Meridian City Council Workshop September 14, 2010 Page 101 of 102 training fund, which is what's required under the policy. What we are asking tonight is for your favorable consideration to allow us to reimburse her the 500 dollars for her tuition for the period that's been included. Hoaglun: Madam Mayor, a quick question for HR director, Mr. Nary. Does this run through your shop or does each department handle -- handle these tuition -- I don't think have been in Council when has come before us, so I'm just kind of curious how the process works. Nary: Sure. Madam Mayor, Members of the Council, under the city policy employees can receive as a benefit up to 500 dollars per semester or a thousand dollars per fiscal year for education reimbursement and it's at the director and department's approvals that the schooling -- and there is some other things about passing the class and stuff, but, basically, the schooling matches what the department approves as -- as education. To exceed that thousand dollars, then, it's required that it comes out of the department's training fund. So, the first thousand dollars comes out of a fund that's administered by our department, so it does come to us, we review it, make sure it complies with the policy and, then, approve it and, then, to exceed that thousand dollars, then, requires that it has Council approval to use their training funds. Instead of, basically, sending this employee to training, they are sending them to school. Hoaglun: Thank you. de Weerd: Okay. Anything -- any other questions? Mr. Zaremba. Zaremba: I didn't have a question, but I'll make a motion. de Weerd: I know. Zaremba: Madam Mayor, I move we approve Item K. Hoaglun: Second. Bird: Second. de Weerd: I have a motion and a second. Roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All Ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: We are at the end of our agenda. Lieutenant, I would ask that you bring our thanks back for the Recovery Day Breakfast this morning. It was an amazing program and our compliments to staff that put it on. Certainly it was very impactful. Appreciate Meridian City Council Workshop September 14, 2010 Page 102 of 102 Councilman Rountree being there. And I would also like to remind Council of Coffee With The Mayor on September 28th. It's at Wahooz from 8:00 to 9 30 and we're not doing laser tag or any -- well, I don't know. We will see what kind of mischief you can -- you can have or create. So, anyway, with that I would entertain a motion to adjourn. Rountree: So moved. Bird. Second. de Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:45 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR MY de WEFS~ ATTEST:. H DATE APPROVED rF ti 0 CITY CLERK _ $~~~ ,~ ~~' ~~ ~ ' ~~ ~~~'~lrrr,~i~ Nr~t~~ Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 4A ITEM TITLE: Professional Services Agreement With Gabriel Bishop for Construction of an Additional Two Art Display Cases for Initial Point Gallery for aNot-to-Exceed Amount of $1,600.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~-( I S- N A- q ~ i S- ©r~c~ 1 nc~~ -~ ~hcxv~e._e- W ----_ PROFESSIONAL SERVICES AGREEMENT for h CONSTRUCTION OF ART DISPLAY CASES FOR INITIAL POINT GALLERY This PROFESSIONAL SERVICES AGREEMENT for CONSTRUCTION OF ART DISPLAY CASES FOR INITIAL POINT GALLERY ("Agreement") is made this t' day of September, 2010 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Gabriel Bishop, an individual person whose address is 2937 E. Falcon Dr., Meridian, Idaho ("Contractor"). (City and Contractor may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, instituted Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the City desires that the capacity of Initial Point Gallery be increased to include displays ofthree-dimensional artwork; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. .r-~'~. Contractor shall design and construct two (2) display cases using clear acrylic and wood, one (1) with the dimensions of Size "D" and one (1) of Size "E" as such sizes are described and depicted in Exhibit A ("Deliverables"), and shall deliver such Deliverables to Initial Point Gallery on or before October 8, 2010. II. COMPENSATION. A. Total payment. The total payment to Contractor for the design, fabrication, and delivery of the Deliverables shall be one thousand six hundred dollars ($1,600.00). This amount shall be due upon City's written acceptance of the Deliverables, and shall constitute full compensation for any and all of Contractor's labor, materials, and costs for completion of services under this Agreement. B. Method of payment. To request payment for services rendered under this Agreement, Contractor shall provide City with an invoice, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Contractor. III.TIME OF PERFORMANCE. t~ A. Timeline. The Parties shall comply with the following timeline. By 5:00 p.m. on October 8, 2010, Contractor shall deliver the finished Deliverables to Initial Point Gallery. Within seven FY11 PROFESSIONAL SERVICES AGREEMENT PAGE I Of 6 INITIAL POINT GALLERY DISPLAY CASES (7) days of Contractor's delivery of the Deliverables to Initial Point Gallery, but no later than ,,~, 5:00 p.m, on October 15, 2010, City shall issue a written acceptance of the Deliverables as delivered, or a written determination that the Deliverables aze nonconforming. City's failure to issue written acceptance or determination of nonconformity shall constitute City's presumptive acceptance of the Deliverables as inspected. B. Time of the essence. Contractor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. Contractor shall provide to City reasonable opportunities to review the progress of the Deliverables to ensure compliance with the timeline, upon City's request. C. Determination of nonconformity. If during the course of this Agreement City concludes that the Deliverables or any portion or component thereof do not conform to the plans as described and depicted in Exhibit A hereto or as mutually agreed by the Parties in writing, City shall, as soon as practicable as soon as practicable, provide to Contractor written notice of the specific non-conformity and request that Contractor address the specified non-conformity. Contractor shall have fourteen (14) days to address and correct any non-conformity. If, upon City's re- inspection, City concludes that the Deliverables or the nonconforming portion or component thereof remain nonconforming, termination procedures may continence. ~ IV. INSTALLATION, MAINTENANCE AND REPAIRS. A. Installation coordination. In delivering and installing the Deliverables or any portion or component thereof, Contractor shall coordinate all such activities, and/or the activities of his subcontractors and employees, with the Initial Point Gallery Curator and City Maintenance Supervisor. B. First year following acceptance. Contractor shall be fully responsible for all parts and workmanship of the Deliverables for a period of one (1) yeaz after City's acceptance of the Deliverables, and during such yeaz shall replace any defective components and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such year Contractor shall not be required to replace or repair any damage to the Deliverables caused by City; by City's agents, employees, visitors, or volunteers; or by an act of God. V. CREATION. INTEGRITY. AND OWNERSHIP OF DELIVERABLES A. Ownership. Upon Contractor's delivery of the Deliverables and City's written acceptance thereof, Deliverables shall be owned by City, whereupon City shall have the right to remove the Deliverables from public display, to modify the Deliverables, and to sell the Deliverables or any component thereof. B. No copyright. Contractor shall not make any claim to the copyright of design or plans for the construction of Deliverables. FYI I PROFESSIONAL SERVICES AGREEMENT INITIAL POINT GALLERY DISPLAY CASES PAGE 2 Of 6 ~,,,,~ C. Removal from display. In the event that City determines that the Deliverables or either component thereof shall be sold, Contractor shall be provided the first right of refusal to purchase the Deliverables or such component from City. Should Contractor choose to purchase the Deliverables pursuant to this provision, the price of the Deliverables shall be the fair market value thereof. This provision shall expire upon the death of Contractor and shall not be extended to Contractor's estate unless City so elects. D. Subcontracting or assignment of obligations. Contractor shall not subcontract or assign any of his obligations under this Agreement that require or that may require his professional workmanship or expertise. Contractor may subcontract or assign obligations hereunder that do not require his professional workmanship or expertise, including, but not limited to, such obligations as transport and installation of the Deliverables. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Contractor shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, or by his servants, agents, employees, guests, and/or business invitees, occurring before City's acceptance of the Deliverables. ~. B. Waiver. Contractor waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Contractor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions or risks, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. C. Insurance. City will provide hereunder no insurance or other coverage or benefits to Contractor or his agents, employees, or subcontractors. Contractor shall obtain all necessary insurance as may be required in order to protect his insurable interests as may be affected by the rights and obligations described within this Agreement. This includes, but is not limited to, general liability, acts and omissions, automobile, shipping, worker's compensation, or property insurance. VII. TERMINATION. A. Termination for cause. If City determines that Contractor has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepazed under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall '''~ specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this FY 11 PROFESSIONAL SERVICES AGREEMENT INITIAL POINT GALLERY DISPLAY CASES PAGE 3 of 6 Agreement shall be terminated upon mailing of written notice of such termination by the ~ terminatin g party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Contractor for work actually completed by Contractor prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Contractor. In the event of termination for non-performance or default by Contractor, except that caused by the death or incapacity of Contractor, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products or materials prepazed or purchased under this Agreement shall, at City's option, become City's property. Notwithstanding this provision, Contractor shall not be relieved of any liability for damages sustained by City attributable to Contractor's breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Contractor is determined. Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Contractor. This provision shall survive the termination of this Agreement and shall not relieve Contractor of liability to City for damages. B. Termination upon death or incapacity of Contractor. This Agreement shall automatically ,~ terminate upon the death or incapacity of Contractor. In the event of termination caused by the death or incapacity of Contractor, all finished and unfinished plans, materials, and/or components prepazed under this Agreement shall, at City's option, become its property. C. Non-waiver. of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Contractor is an independent Contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or between Contractor and any official, agent, or employee of City. Both parties acknowledge that Contractor is not an employee of City. Contractor shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Contractor shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. Throughout the course of this Agreement, Contractor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual '"~ orientation or any physical, mental, or sensory handicap. FY 11 PROFESSIONAL SERVICES AGREEMENT INITIAL POINT GALLERY DISPLAY CASES PAGE 4 Of 6 D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. '~ This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlazged, modified or altered except upon written agreement signed by both parties hereto. E. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awazded. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. G. 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. H. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. .--`~,, I. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. J. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Contractor: Gabriel Bishop 2937 E. Falcon Dr. Meridian, Idaho 83642 (208) 895-9864 gabrielb@musgrovepa.com C Emily Kane City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity. org Either party may change her/its address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. K. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement ~`~ by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. FY11 PROFESSIONAL SERVICES AGREEMENT INITIAL POINT GALLERY DISPLAY CASES PAGE 5 Of 6 ~'`~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~ day of September, 2010. CONTRACTOR: Y .~ I Gabriel Bishop CITY OF MERIDIAN: BY: : ~~r~G -~ C%~~~~ Tammy de - erd, Mayor ,~ 1~ ~~, .~ F o Attest: " aycee H an, City Clerk = $~;r Aj, ~ ~~~ `` ~; '9p -`ter ~s~c • ~. P~~ q e111j111tt11 11{{1{{{{` FY11 PROFESSIONAL SERVICES AGREEMENT INITIAL POINT GALLERY DISPLAY CASES PAGE 6 of 6 .~ ...~.~ FY11 PROFESSIONAL SERVICES AGREEMENT INITIAL POINT GALLERY DISPLAY CASES Exhibit A EXHIBIT A ~ «~~ ~~ FY U PROFESSIONAL SERVICES. AGREEMENT INITIAL POINT GALLERY DISPLAY CASES EXHIBIT A ~'"~ ,r.. W .N N r~, ~~ `° _~ N N N ._ m t/) a~ ~, a~ w~ ~- ~~, cp M o~ ~~ v~ ~ N M a xF ~G W ~W W 6U w U ~ > A w r v~ x a o ~~ oa ~~. w a7- cfl I, ~ ~ I -71` ~ ~ N Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 4B ITEM TITLE: Art Purchasing Agreement with Mark Manwaring for Purchase of "Pathways Series No. 1"for Art in Public Spaces for aNot-to-Exceed Amount of $1,500.00 MEETING NOTES ~°" '`~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS q - ~ ~- R - ~~- ~ ~- ~ ~- ©Y,q ~ -~«~ -~ Shy ~ Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 4C ITEM TITLE: Agreement for Independent Contractor Services with Staker & Parson Companies DBA Idaho Sand and Gravel for Waste Water Treatment Plant Northside Paving Project Construction for aNot-To-Exceed Amount of $103,485.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS _.-- k . w - c..~, ~ ~ `~.r.d~. c o~ -~ J ~,~a.~ e ~ I'b Sand a-- ~~i~E IDIAN~-- Public IDAHO Works Department Mayor Tammy de Weerd ciley ceaneil Me~nbe~:~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, EIT Staff Engineer DATE: September 3, 2010 SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH STAKER & PARSON COMPANIES DBA IDAHO SAND AND GRAVEL FOR WWTP NORTHSIDE PAVING PROJECT CONSTRUCTION FOR A NOT-TO-EXCEED AMOUNT OF $103,485.00 (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Agreement with Staker & Parson Companies dba Idaho Sand and Gravel for the WWTP Northside Paving Project Construction in a not to exceed amount of $103,485.00; and 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works 489-0347 489-0341 489-0350 489-0372 Page 1 of 2 III. DESCRIPTION A. Back r~ ound The Thickened Waste Activated Sludge (TWAS), Centrate, Sludge Piping Modification Project is currently under construction at the wastewater treatment plant (WWTP). Improvements to the yard piping at the WWTP will require trenching and removal of existing asphalt fronting the primary clarifiers and digesters. Areas between the primary clarifiers and west of the digesters are not currently paved. B. Proposed Project This project includes re-grading and paving areas in front of and between the primary clarifiers and continuing west through the digesters to TWAS pump station. The construction activities will involve adjusting existing valve boxes, concrete utility structures, installing landscaping rock around aeration basins 3 and 4, and on-site placement of excess material removed during the grading process. C. Contractor Selection Staker & Parson Companies dba Idaho Sand and Gravel was the lowest bidder, has a Public Works Contractor license,and is qualified to complete the required work. N. IMPACT A. Strate ig c Impact: This project supports the Public Works Mission and Vision for strategic growth. The improvements are responsive, innovative, and increase operational efficiencies, allowing for improved vehicular traffic to key areas of the treatment plant. B. Fiscal Impact: Project Costs: Base Bid Amount (Not-to-exceed) $103,485.00 Total Costs $103,485.00 Project Funding TWAS Pumping and Centrate System Improvements (3590-96146) $103,485.00 Total Funding $103,485.00 V. TIME CONSTRAINTS The Northside Paving Project is scheduled to begin once yard piping construction activities with the TWAS, Centrate, Sludge Piping Modifications Construction project are complete in October 2010. Council's approval of the agreement is critical to meet this projected timeline. VI. LIST OF ATTACHMENTS A. Agreement for Inde endent C ctor Services Approved for Council Agenda: /~ ate Page 2 of 2 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WWTP NORTHSIDE PAVING PROJECT THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this ~T~}day of September , 2010, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Staker & Parson Companies dba Idaho Sand and Gravel_., hereinafter referred to as "CONTRACTOR", whose business address is 924 N Sugar St, Nampa, ID 83fi87 and whose Public Works Contractor License # is C-11916. INTRODUCTION Whereas, the City has a need for services involving WWTP Northside Paving Project #10148c; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with '~ any amendments that may be agreed to in writing by the parties. ~.~ 1.2 All doduments, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and. to authorize others to do so. If any such work is page 1 of 12 copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 7.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions, The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor a# the City's request under this Agreement wil( be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not To-Exceed amount of $103,485.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services page 2 of 12 rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2011 or (c) unless sooner terminated as provided below or unless some other method or time of termination is fisted in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the perfom~ance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy ofi insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 120 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00} per calendar day. Such page 3 of 12 payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate #his agreement at any time by giving at least sixty (fi0) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shat[ be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or page 4 of 12 power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and contro! of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000} per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or page 5 of 12 Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10} days prior to the date Contractor begins performance of iYs obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shat( immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except wi#h respect to the limits of the insurer's liability. 6.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Wor[cs Improvement Projects. page 6 of 12 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Staker & Parson Companies dba Idaho Sand & Gravel Attn: Ryan Russell 924 N Sugar St. Nampa. ID 83687 208-4fi6-5001 rrussell ~,idahosand.com Idaho Public Works License #: C-11916 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is ofi the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignmen#: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any page 7 of 12 federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: [n performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and page 8 of 12 CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22, Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: ,~.l~lU7 J TAMM WEERD, MAYOR Dated: "l~ ~y'11~ STAKER & PARSONS CO dba IDAHO SAND & GRA EL CO. BY: an sell Dated: `i ~a / ~ i° T7 page 9 of 12 Attest: `\`\`~,~~,~~~M'~~ ~~~ ,, ~TF o YC L. HOL AN, CITY CLERK $EAL _= ., p ~r ts~ ~; Approved as to Content '~%9c ~O~p BY: BY. KEITH W TS, PURCHASING AGENT Dated: 9 _ ~~ Approved as to Form CITY ATTORNEY NAME: l.Jw~ar /~S~IEr..1ARa-- TITLE: ~..~GtN~c~,Jc.. yua~lAa.1~R, Dated: page 10 of 12 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-10-10148c ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-10-10148c, are by this reference made a part hereof. page 11 of 12 Attachment B MILESTONE 1 PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $103,485.00. TASK DESCRIPTION Unit Est Unit Price AMOUNT Quant 1 • Mobilization LS 1 6,000.00 $ 6,000.00 2, Saw cutting, removal of existing LF 460 3.25 $ 1,495.00 as halt 3. Priority 1 asphalt placement over SF 29,800 1.30 $38,740.00 existin rec cled as haft q,. Priority 1 asphalt over existing SF 3,800 3.25 $12,350.00 bare round 5. Priority1 landscaping rock SF 2,950 1.00 $ 2.950.00 lacement 6 Existing manhole elevation 100.00 $ 3 • adjustments {Priority 1 areas with EA 10 310.00 , new concrete collar 7 New cleanout manhole cover 430.00 $ 3 . installation {Priority 1 areas with EA 14 245.00 , new concrete collar 8 Existing valve box elevation 075.00 $ 6 • modification and installing new EA 27 225.00 , concrete collar in Priori 1 areas 9• 3 foot Valley Gutter LF 715 28.00 $20,020.00 10. 2 foot Valley Gutter LF 25 33.00 $ 825.00 11. Concrete flat work (sidewalks) SF 75 12.00 $ 900.00 12. Misc utility modifications (utility LS 1 2,500.0 $ 2,500.00 vaults in Priori 1 areas 13. Misc riprap LS 1 300.00 $ 300.00 14. Demobilization and final cleanup LS 1 800.00 $ 800.00 15. Stormwater pollution prevention LS 1 4,000.00 $ 4000.00 .................... TOTAL $103,485.00 .... page 12 of 12 Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 4D ITEM TITLE: Agreement for Independent Contractor Services with Cascade Pipeline Corporation for Carlton Avenue Water Line Replacement Construction for aNot-To-Exceed Amount of $118,059.00 MEETING NOTES ~y""'µ' CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (~ - ~ ~ ~ - ~~ '-------- D r ~q, Y.a\ -I~ S hcx-e~ K . ~ - ~,,~ ~ t t ~ rev ~ d e- i-J Cov,-1-r ~~~ V \ ~~i~E IDIAN~- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent Blake Engineering Technician II DATE: 8/31/2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH CASCADE PIPELINE CORPORATION FOR CARLTON AVENUE WATER LINE REPLACEMENT CONSTRUCTION FOR ANOT-TO- EXCEED AMOUNT OF $118,059.00 (SEPTEMBER 14, 2010 CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: Approve the Agreement with Cascade Pipeline Corporation for Carlton Ave. Water Line Replacement Construction in a not to exceed amount of 118,059.00; 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Technician II (Project Manager) 489-0340 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 III. DESCRIPTION A. Back rg ound During Fiscal Year 2010 the Public Works Department budgeted for the replacement of deficient and aging water and sewer lines throughout the City. A replacement priority schedule was completed based on three factors; pipe size, pipe material, and pipe age. Through research of record drawings and performing subsurface investigations, the main line pipes within this project area were found to be made of 4-inch diameter cast iron (CI) and asbestos-cement (AC) that was installed between 1940 and 1960. Based on the evaluation referenced above, this project is considered one of the highest priority water line replacement projects within the city of Meridian. Page 1 of 2 B. Proposed Project This project entails replacing approximately 900 linear feet of 4-inch diameter CI and AC water main with 8-inch diameter polyvinylchloride (PVC) water main between Main Street and N. Kathy Lane along E. Carlton Avenue. This project will also entail the installation of two new fire hydrants and the replacement of eleven existing water services. The majority of the work related to this project will be performed within the existing right-of way. However, the work will include the reconnection of service lines which will be performed on private property. IV. IMPACT A. Strate ig c impact: This project meets our mission requirements to indentify and prioritize work in order to anticipate, plan and provide public services and facilities that support the needs of our growing community, and to ensure modern reliable facilities while maintaining financial stewardship. This project is also related to Down Town Urban Renewal in that upon completion the City of Meridian will be able to provide water to new developments along E. Carlton with higher quality and quantity than exists today. B. Service/Delivery Impact: The replacement of the substandard pipes in this project will significantly impact customer service and overall delivery in the following ways; it will reduce the risk of costly pipe breaks, ensure that dependable service is provided to current and future customers, increase fire protection capacity, and extend the life of City infrastructure. C. FiscalImnacts: Budgeted Amount transferred from (3490-93510) to (3490-93500) $197,924.02 Current Obligations (3490-93500) $28,884.00 Balance Available for Construction (3490-93500) $169,040.02 Proposed Construction Cost (3490-93500) $118,059.00 Projected Remaining Amount $50,981.00 V. LIST OF ATTACHMENTS _. A. Agreement for Approved for Council Services. Page 2 oj2 ~ AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WATER LINE REPLACEMENT (CONSTRUCTION) - CARLTON/STATE THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 14"' day of SEPTEMBER , 2010, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and CASCADE PIPELINE CORPORATION, hereinafter referred to as "CONTRACTOR", whose business address is P O BOX 1135, MERIDIAN, ID 83680 and whose Public Works Contractor License # is C-13771-AAA-1-2 INTRODUCTION Whereas, the City has a need for services involving Water Line Replacement (Construction) -Carlton/State; WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; ~"~ NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is Water Line Replacement (Construction) -Carlton/State - page 1 of 13 Project No. 10021.a ~"~ copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written ~---, consent of the parties. 2. Consideration: 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $118,059.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, ,-.~, compensation, salary, wages, or other type of remuneration for services Water Line Replacement (Construction) -Carlton/State - page 2 of 13 Project No. 10021.a ~''"`~ rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2011 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement ~. if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 120 calendar days to complete the work as described herein; Contractor shall be liable to the City for any delay beyond this time period in the amount of three hundred dollars ($300.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a ,,.~,~ penalty. Water Line Replacement (Construction) -Carlton/State - page 3 of 13 Project No. 10021.a 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of ,,....,. liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. Water Line Replacement (Construction) -Carlton/State - page 4 of 13 Project No. 10021.a ~^. 5.2 Contractor, its agents, officers, and employees are, and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify, save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, .-~ or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident oroccurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident oroccurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or ,,..,~ other proof of insurance evidencing CONTRACTOR'S compliance with the Water Line Replacement (Construction) -Carlton/State - page 5 of 13 Project No. 10021.a ^ requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverage's for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Water Line Replacement (Construction) -Carlton/State - page 6 of 13 Project No. 10021.a '"'~ City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 CASCADE PIPELINE CORPORATION Attn: John McNatt P O Box 1135 Meridian, ID 83680 X208) 895-0286 Idaho Public Works License #: C-13771-AAA-1-2 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the Water Line Replacement (Construction) -Carlton/State - page 7 of 13 Project No. 10021.a ' '~ basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and -~""~ as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any Water Line Replacement (Construction) -Carlton/State - page 8 of 13 Project No. 10021.a !r'~ increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from ~'"'`- its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Water Line Replacement (Construction) -Carlton/State - page 9 of 13 Project No. 10021.a CITY OF MERIDIAN BY: ' /'G TAM Dated: ~ Attest: JAYC L. WEERD, MAYOR iu~ cITY Approved as to Content ,.~`~~ pF MFR/ ~'''~, c~ '; o ALE K AL '~ ,~~°`~ '~ '9~j ~T 1S'~ • ~ ~.: -4 ~~i ~ ~ ~~~ ~, AUNTY ~~~ ~~`~ ~~~~fftftttt t1111~~`\` BY: ~~CEIT ATTS, P RCHASING MANAGER Dated: ~ Q Approved as to Form CITY ATTORNEY BY: (John M EL11NE CORPORATION Dated: ~ ~-'~'- /c7 Depart a Ap ro ~I BY: ; ~ ~ .. NAME: Warren Stewart TITLE: Engineering Manager Dated: ~~~ ~ c., Water Line Replacement (Construction) -Carlton/State - page 10 of 13 Project No. 10021.a Attachment A . SCOPE OF WORK REFER TO INVITATION TO BID PW-10-10021.A r. •-~ ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-10-10021.A, are by this reference made a part hereof. Water Line Replacement (Construction) -Carlton/State - page 11 of 13 Project No. 10021.a Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed One Hundred Eighteen Thousand and Fifty-nine dollars ($118,059.00) per Bid Schedule B, Pipe Bursting Method. SPEC. PAYMENT EST. REFERENCE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE 304.4.1.A.1 Trench Foundation Stabilization 10 CY 1.00 $ 10.00 306.4.1.D.1 Imported Trench Backfill 10 CY 20.00 $ 200.00 307.4.1.A.3 Miscellaneous Surface Restoration (Sod) 63 SY 4.00 $ 252.00 307.4.1.F.1 Water Main -Type "P-1" Surface Restoration 129 LF 1.00 $ 129.00 307.4.1.F.5 Water Service -Type "P-1" Surface Restoration 157 LF 1.00 $ 157.00 401.4.1.A.1 Water Main Pi e - 8" PVC (C900 DR-18) 138 LF 50.00 $ 6,900.00 401.4.1.6.1 Water Main Fitting - 8" x 6" Reducer 3 EA 265.00 $ 795.00 401.4.1.8.1 Water Main Fitting - 6" Couplin 1 EA 216.00 $ 216.00 401.4.1.8.1 Water Main Fitting - 8" 22.5° Bend 1 EA 270.00 $ 270.00 401.4.1.8.1 Water Main Fittin - 8" 11.25° Bend 1 EA 270.00 $ 270.00 401.4.1.8.1 Water Main Fitting • 8" x 6" Tee 2 EA 549.00 $ 1,098.00 402.4.1.A.1 8" Gate Valve 7 EA 1,400.00 $ 9,800.00 402.4.1.A.1 6" Gate Valve 1 EA 950.00 $ 950.00 403.4.1.A.1 Fire Hydrant Assembly 2 EA 3,600.00 $ 7,200.00 Water Line Replacement (Construction) -Carlton/State - page 12 of 13 Project No. 10021.a i 404.4.1.A.1 Water Service Connection -Sin le 4 EA 886.00 $ 3,544.00 404.4.1.A.1 Water Service Connection -Double 7 EA 1,212.00 $ 8,484.00 404.4.1.6.1 1" Water Service Pipe 244 LF 30.00 $ 7,320.00 405.4.1.A.1 Non- otable Water Line Crossing 3 EA 500.00 $ 1,500.00 706.4.1.A.1 3" Concrete Rolled Curb and Gutter 64 LF 1.00 $ 64.00 706.4.1.A.5 b" Concrete Vertical Curb and Gutter 24 LF 1.00 $ 24.00 706.4.1.6.1 Concrete Valley Gutters b LF 1.00 $ 6.00 706.4.1.E.1 Concrete Sidewalk 16 SY 55.00 $ 880.00 706.4.1. F.1 Concrete Driveway Approach 18 SY 55.00 $ 990.00 1103.4.1.A.1 Construction Traffic Control 1 LS 13,000 $13,000.00 2010.4.1.A.1 Mobilization 1 LS 10,000 $10,000.00 SP-2125.4.1.A.1 ACRD Permit and Licenses 1 LS 2,000 $ 2,000.00 SP-2130.4.1.A.1 Connect to Existing Water Main b EA 500.00 $ 3,000.00 SP-2130.4.1.A.1 8" Water Main -Pipe Bursting (Fusible PVC C900, DR-18) 722 LF 50.00 $36,100.00 SP-2142.4.1.A.1 Remove and Return to City -Gate Valve 2 EA 300.00 $ 600.00 SP-2142.4.1.A.1 Remove and Return to City -Blow off 1 EA 300.00 $ 300.00 SP-2165.4.1.A.1 Abandon Existing Water Line 1 EA 500.00 $ 500.00 SP-2216.4.1.A.1 Storm Water Management 1 LS 1,500.00 $ 1,500.00 Total Construction Cost $ 118,059.00 s Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Water Line Replacement (Construction) -Carlton/State - page 13 of 13 Project No. 10021.a Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 4E ITEM TITLE: Interface Agency Agreement Between Ada County & City of Meridian for Access to Certain County Computerized Records MEETING NOTES ~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF BENT TO AGENCY SENT TO APPLICANT NOTES INITIALS a 8r~q~ na\S mc~,[e tr6nar~~S ~• i~av~ Nava~,rro`s O~~c ~ INTEROFFICE MEMO TO: Mayor & Council FROM: Karie Glenn DATE: September 8, 2010 SUBJECT: ADA COUNTY DATA ACCESS AGREEMENT - VPN MUBS and the Police Department respectfully request the following item to be placed on City Council agenda, under Consent Agenda, for Council's consideration: Interface Agency Agreement between Ada County and City of Meridian for access to certain county computerized records. MUBS accesses the county records for (Public Property System) name on deeds and date of transfers of property. Police access the county records fro LE Lookup (Law Enforcement Lookup and the ISTAR's Hosting (Trial Court Record System). The cost will be $250 per month split 50/50 between MUBS and Police Department. This County has not changed the cost from last year. Recommended Council Action: The Finance and Police Department recommends that City Council approve and signs the agreement with Ada County. Thank you for your consideration. Please contact me if you have any questions. ,~- - RECEIVED NQV ~ 6 2010 AGREEMENT NO. L Z ~ ADA COUNTY ASSESSOR INTERFACE AGENCY AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS I. THIS AGREEMENT is entered into this Z~ day of ItiC~~Z~~i , 2010, between Ada County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho (hereinafter referred to as ("County") and City of Meridian (herein after referred to as "Agency"). WHEREAS, County agrees to provide Agency with access to and use of those certain computerized records that Ada County Sheriff, Ada County Clerk of the Court and Ada County Assessor, as owner of the records, has authorized; and. WHEREAS, Agency agrees to pay all costs associated with being provided such access, and Agency agrees not to access or utilize any of the information obtained from County to violate any federal, state or local law, or to allow anyone else to violate any federal, state or local law. Agency agrees to hold County harmless and indemnify County for any claims, judgments, liabilities or settlements that may arise from any use of information gained by Agency through use of County information. NOW, THEREFORE, it is hereby expressly agreed between the parties as follows: II. DEFINITIONS Term Definition Agency Government entity that has entered into an agreement with County and has received written authorization from County and owner(s) to access certain computerized County records AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS -Page 1 of 8 Authorized User Agency's users, who have passed the background requirements of their employing agency and who have authorization pursuant to this Agreement to access certain computerized County records. Concurrent License A client access license on a network server that allows a given number of users to access certain computerized County records. Unauthorized Access Access to County's computer records by any unauthorized user, through Agency, its agents, officers, or employees, or through the use of Agency's password. III. ACCESS AND LOGISTICS A. County shall provide Agency with access to the following computerized records stored by the County: LE Lookup, ISTAR's Hosting, Public Property System. B. Agency agrees to pay County two hundred fifty dollars ($250.00) per month for up to 25 users. Agency agrees and understands that the aforementioned fees are not refundable should County or Agency terminate this Agreement. C. Agency fully understands that the owners of the records, Ada County Sheriff, Ada County Clerk of the Court and Ada County Assessor, have only authorized access and use of the aforementioned computerized records solely to Agency's Detectives, Police, Investigators and Utility Billing Staff. Agency has no right to access or right to continued access. D. County employees maintain County computer system purely for County purposes. County does not maintain said system for Agency, nor does it maintain staff to aid Agency. E. County simply provides connectivity to certain County computerized records. Agency Authorized Users need to have an established Internet connection or other County authorized method of connection. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS -Page 2 of 8 F. If accessing the County Network by utilizing VPN services, tunnels must originate from static IP addresses. Dynamic addresses may cause service outages, since ISP's will renew their IP address pool. IV. SECURITY A. It is the responsibility of Agency to ensure that unauthorized users are not allowed access to County data. All of the terms and conditions of this Agreement are applicable to each Authorized User employed by or associated with the Agency. B. County reserves the right to conduct an audit of Agency's accessing personnel and verify that the Agency has conducted a background check of all Agency's users prior to the Agency users access to the County's information. If any of Agency's users have not had a background check, County may terminate this Agreement in accordance with Section V. C. While accessing County records, Agency users must not leave their computers unattended. If an Agency user leaves the computer, the computer must be locked either via a screensaver password or screen lock. D. All computers, including personal computers, accessing data from the County system must use the most up-to-date anti-virus software that is the industry standard. E. All computers, including personal computers, accessing data from the County system must be under the oversight and control of the Agency. Agency agrees to designate one Agency employee as the security supervisor for the Agency who will exercise the oversight and control. The Security Supervisor shall supervise staff, equipment, and operation of the access to the County system. The Security Supervisor shall be the one point of contact for the County regarding security issues. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS -Page 3 of 8 V. TERMINATION A. County may immediately and permanently discontinue access service to Agency if any violation of this agreement occurs. B. County may permanently discontinue access service to Agency at any time and for any reason. If possible, County will give Agency ten (10) calendar days written notice before discontinuing access. C. County will not be responsible for any inconvenience, loss, or damage sustained by Agency as a result of County's discontinuance or disruption of access services. D. If an Agency's access is discontinued for any reason, Agency must again apply for access. County may deny Agency's application for any reason, including the reason Agency was originally discontinued. E. Agency may discontinue access at any time and for any reason, but must provide County with written notice ten (10) business days prior to discontinuation. VI. MISCELLANEOUS PROVISIONS A. Agency shall bear sole responsibility for all costs relating to the equipment owned and used by Agency to access County's system, including purchase, maintenance, and repair costs. County maintains its equipment for County purposes. County will not provide computer expertise to aid Agency. B. Agency bears the sole responsibility for protecting against Unauthorized and/or Damaging Access to County records by Agency. Agency is liable for any damages where access was through Agency, its agents, officers, or employees, or through the use of Agency's password, whether authorized or unauthorized. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS -Page 4 of 8 Agency shall bear all costs of restoring all damaged data to its original state as well as any incidental and/or consequential damages or liability that might result directly or indirectly from such access. C. Agency agrees that the use of the computer records covered by this Agreement is limited to authorized Agency use and personnel. Agency agrees and understands that it is not authorized and has no right or authority to distribute the computer records to other agencies, personnel within the Agency not covered by this Agreement, or any third parties. D. Agency understands the law may be unclear as to records which must be, may be, or should not be released to Agency. Some or all of the information received by the Agency may be private. Divulging or publishing this information may cause harm or an actionable wrong against an individual(s). By requesting, receiving, releasing, and/or publishing this information Agency agrees to indemnify and defend County and anyone employed by County, if any such harm is claimed to be the result, or somehow connected to the release and/or publication of such information. E. Agency agrees to indemnify, defend, and hold harmless County, its officers, agents, and employees from and against any and all liability, loss, damage, cost, and expense, including legal expense (providing and paying for counsel of County's choice), which may accrue or be sustained by County, its officers, agents, or employees as a result or consequence, whether direct or indirect, of any claims, suits, demands, actions, judgments, settlements or forfeiture, including any suit instituted to enforce the obligations of this agreement of indemnity, made or brought by any party against County, its officers, agents, or employees, arising out of or in connection with this Agreement, or, information or computer records accessed, utilized by or released by or through Agency. F. Agency understands and agrees that the County makes no warranties, express or implied, as to the accuracy, validity, availability or correctness of any of the information contained in the computer records. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS -Page 5 of 8 G. County's decision to provide access is strictly pursuant to this Agreement; and Agency agrees that remote computer access to County records is not mandated bylaw. H. This Agreement expires at the end of each County fiscal year on September 30. It may be renewed annually at the option of the County. A completed request for renewal must be received by County no later than the preceding July 1, and all renewal information must be received by County prior to August 31 of the expiration year. I. This Agreement shall be governed and interpreted in accordance with the laws of the State of Idaho. J. In the event of any litigation or any other legal dispute arising under, or as a result of this Agreement between County and Agency, the prevailing party shall recover its costs and reasonable attorney fees. K. In the event any provision or section of this Agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and shall be carried into effect. L. This Agreement maybe modified or amended only by a writing duly executed by both the County and the Agency. M. This Agreement embodies the whole agreement of the County and the Agency. There are no promises, terms, conditions, or obligations other than those contained in this Agreement. All previous, or contemporaneous communications, representations, or agreements, either verbal or written, between the parties are superseded by this Agreement. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS -Page 6 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of Ada County Commissioners: By. Rick Y guirre, Ch ' an f By: Sharon M. Ullman, Commissioner BY~ Fred Tilman, Commissioner -- ATTEST: J. avid Nav da County Clerk AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS -Page 7 of 8 ACCESS AUTHORIZATION LE Lookup By: Gary Raney, A County hen ISTAR's Hosting By: 7. David Navarro, Ada County Clerk of the Court System By: Rob~Bit~T'I. Mc~iade, Ada County Assessor By: STATE OF IDAHO ) ss. County of Ada ) On this ~'~ day of ~Pp~embex- , 20_lQ ,before me, a notary public, personally appeared `To~mm~ ~P APP r~ ,known or identified to me to be the person whose name is subscribed to the within instrument, and ac cnowledged to me that. he executed the same on behalf of Renter. •....,~ .• ~1CA Jp~•. 5 p'T A.~~Z;'~• !' ; ,ti `, '~ . ~ . • . No Public fo • `, • • ,~~Oi • •.`~fE OF 1~•• Commission Expires J0.,n '~ aol ••....•• AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS -Page 8 of 8 City of Meridian Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 4F ITEM TITLE: Agreement Between Ada County and the City of Meridian for Use of Self-Service Fuel Island MEETING NOTES ~~Y'"' ' CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE• September 14, 2010 ITEM NUMBER: 4G ITEM TITLE: Interagency Agreement with Ada County Highway District for Roadway Construction and Sewer/Water Line Replacements at the McMillan Road and Locust Grove Road Project MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ ~ ~ S ~' -1 S- ~' ~ i ~ 1 o~~q~ ~~\ -}~ ~hex~~ ~~ ~ o r~ q ~.~ c~\ .~ ~-C, Grp ~~t DbYV-e~\ N-~v~ s ~~i~E IDIAN~-- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: August 31, 2010 Mayor Tammy de Weerd City Ceansil Memberl~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF AGREEMENT WITH ACHD FOR CONSTRUCTION OF THE MCMILLAN ROAD AND LOCUST GROVE ROAD PROJECT I. RECOMMENDED ACTION A. Move to: 1. Approve the agreement with ACHD for construction of the McMillan Road and Locust Grove Road Project; and 2. Authorize the Mayor to sign the revised agreement II. DEPARTMENT CONTACT PERSONS Tim Curns, Transportation and Utility Coordinator 489-0342 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 '' III. DESCRIPTION Back r The Ada County Highway District will begin reconstruction of the McMillan/Locust Grove intersection in the December of 2010. As part of the reconstruction, City of Meridian utilities are being adjusted to meet State required clearances. Also, the construction will allow the City to connect a section of water main that has not been possible before. Utility stubs to a neighboring property are also proposed. 1 of 2 IV. IMPACT A. Str te~,ic Impact: This agreement with ACRD allows the City's work to be constructed at the same time as ACHD's project, thus cost savings and a reduction in the overall duration of construction in the roadway. These benefits further the goals of the Public Works Department to conduct projects in a fiscally responsible manner and minimize impacts to the traveling public. B. Service/Deliver~pact: This project will facilitate the connection of a neighboring property to City utilities and improve hydraulic capacity in a section of water main. Furthermore, the project will make a section of water main easier to locate and maintain in the future. C. Fiscallmpact: No direct costs are associated with this agreement; however, a reduction in overall project construction cost will be realized due to ACRD sharing costs such as administrative, traffic control, and mobilization. The City also does not pay certain costs associated with separately constructing the project, such as permanent pavement restoration and Storm Water Pollution Prevent Plan administration. Once the bid results for the work are known, staff will seek approval of the contract amount from Council. V. ALTERNATIVES Council may choose not to approve the agreement and construction costs; however, this would cause the work contained in the project to be removed from the ACHD project and bid separately at a higher cost. VI. TIME CONSTRAINTS Council's approval will allow the City's work to be executed with ACHD's project. Construction of the project is anticipated to being this December, with bidding in mid September. VII. LIST OF ATTACHMENTS A. Agreement with ACRD Approved for Council Agenda: f{, °,j~, ,~° __ _ _ ~ o" ~, ~'/~ arren Ste art, Enginee ~ anager ~` ate 2 of 2 INTERAGENCY AGREEMENT FOR: ~ ROADWAY CONSTRUCTION /SEWER & WATER LINE IMPROVEMENTS MCMILLAN ROAD AND LOCUST GROVE ROAD ACHD PROJECT N0.307010 THIS AGREEMENT made and entered into this ~ day of~~~ 2010, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT or ACHD, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction, and authority to maintain, improve, regulate, and operate public rights- of-way in Ada County. WHEREAS, City is a public entity organized and operating pursuant to Idaho Code Title 50, as amended and supplemented. City is a municipal corporation with jurisdiction, ~ authority and police power to regulate and control municipal activities within the City. WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing the McMillan Road Locust Grove Road intersection, including water and sanitary sewer installations as detailed in ACHD Project Number 307010, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of water lines and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. Page 1 of 6 NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the .roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the work, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1-foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines contained in MERIDIAN'S portion of the work. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and ~ diaries to the DISTRICT Project Representative. Field survey and grade control Page 2 of 6 required for the installation of the sanitary sewer and water facilities installed under the r~ CONTRACT shall be provided by MERIDIAN; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Supplemental Specifications to the ISPWC); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of five (5) percent of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; f. Reimburse the DISTRICT for mobilization, traffic control, flagging, detours, and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN`S project costs as they relate to the total project construction costs; g. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines, and be liable for and indemnify the DISTRICT for any and all costs and damages resulting from any such trench failure; and h. Reimburse DISTRICT for all other actual costs attributable to the installations, adjustments, relocations, and abandonments of MERIDIAN'S portion of the water and sanitary sewer facilities or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The CONTRACT amount for MERIDIAN'S portion of the Project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably i-. performed, and/or, installed, as determined from field measurements made by Page 3 of 6 MERIDIAN, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; c. MERIDIAN'S approval will be required for any change order work involving the installations, adjustments, relocations, and abandonments of water and sanitary sewer facilities; d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire Project for the purpose of reviewing the Project to locate and note any unstable areas and resolve any items of concern or misunderstanding; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. m. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. Page 4 of 6 n. If any part of this Agreement is held to be illegal or unenforceable by a court of ~.,~ competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACHD and City. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. Time shall be of the essence for all events and obligations to be performed under this Agreement. ~' IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: r By: William J. hweitzer Sherry R uber Director President, Board of Commissioners ATTEST: \\`~~~~ ~ Mr rrr/~ OF 'SRI :~ '~ TY OF MERIDIAN ~ y ~ .~ . By: SEAL Jaycee Holman '~ ~nr~$ de eerd ~ City Clerk %,'9p ~sT is~ ' Q`r `,.`~ Mayor %~.,, `'AUNTY ~ ~~.~`~~ ~///rrrrrrr re<<~~~~ /"~ Page 5 of 6 ,.,~ STATE OF IDAHO ) ss. COUNTY OF ADA ) On this (~ day of ~ , 2010, before me, a notary public in and for said state, personally appeared S ERRY R. HUBER known to me to be the PRESIDENT of the ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ;gt1~99+. ~: xB Pf "'~ S L A rj ~'l•~•. • yam.: ~oTARr `°~ * ~ ~•~ O~ UBL`G Notary Public for aho Residing at ,:,,,sL. ,Idaho My commission expires: ~ J~ _ Z p 1 S ,..,, STATE OF IDAHO ) ss. COUNTY OF ADA ) On this i LI ~ day of c ~P t~e.m ~_, 2010, before me, the undersigned, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~,..... ~. SSICA,~1 •. ,.G,~: • . ~~, • ~ ~ ~ ~'~~~LIC --" •~ ~ OF IpA~~•• ~..... Notary Public for Idaho Residing at ~~ 1 G( l1`-~ev~ ate, Idaho My commission expires: Jai, y ~ ~o! y Page 6 of 6 Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 4H ITEM TITLE: Ground Lease Agreement for Meridian Senior Center at Kleiner Memorial Park MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Dr~q ~ ha -(~ 1~e.v~c~' o ~' h Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 41 ITEM TITLE: First Addendum to Original Agreement Dated August 14, 2008 between the City of Meridian and the Meridian Police Activities League (MPAL) for Development and Joint Use of Heroes Park MEETING NOTES ~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~'- I~ q - I ~ / / Tc~ ~ ~e-I-- art co~decQ ~ -1 b q - ~ (o ~ ~-eltaSe re c ©v~de d - t Y1 ~F ? ~ Sl-rer~~ FIRST ADDENDUM to AGREEMENT FOR DEVELOPMENT AND JOINT USE OF HEROES PARK This FIRST ADDENDUM to AGREEMENT FOR DEVELOPMENT AND JOINT USE OF HEROES PARK ("First Addendum") is made and entered into this ~ day of September, 2010 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and the Meridian Police Activities League, Inc., a nonprofit corporation organized under the laws of the State of Idaho (hereinafter "MPAL"). WHEREAS, on or about August 14, 2008, MPAL and City entered into an Agreement for Development and Joint Use of Heroes Park ("August 14, 2008 Agreement"), attached hereto as Exhibit A, under which, inter alia, in consideration of certain rights granted to MPAL under its partnership with the City, MPAL agreed to contribute three hundred twenty-eight thousand dollazs ($328,000.00) to the development of Heroes Park, located at West Malta Drive, Meridian, Idaho (hereinafter "Park"); WHEREAS, to secure MPAL's monetary obligation to City, on or about August 14, 2008, MPAL and City executed a Mortgage and Security Agreement to secure a Mortgage Note against real property owned by MPAL, which documents were recorded in the real property records of Ada County, Idaho on September 3, 2008, as Instrument No. 108099408; WHEREAS, MPAL having relinquished the property that was the subject of such Mortgage and Security Agreement and Mortgage Note, City executed, contemporaneously herewith, a Release of Mortgage and Security Agreement, which will be recorded in the real property records of Ada County, Idaho following the execution and effectuation of this First Addendum by the respective governing boazds of MPAL and City; WHEREAS, MPAL having made a payment to City in the amount of twenty-eight thousand dollazs ($28,000.00), on or about Apri16, 2010, the balance remaining of the MPAL's monetary obligation to City is, as of the Effective Date of this First Addendum, three hundred thousand dollazs ($300,000.00); WHEREAS, the Parties seek by this amendment to reaffirm their mutual commitment to enhancing the Meridian community's quality of life by providing and supporting soccer programming, facilities, and opportunities as well as to establish a mechanism by which MPAL may fulfill its outstanding monetary obligation to City; NOW, THEREFORE, in consideration of the mutual covenants ofthe-parties, the Parties agree as follows: 1. That Section I.A.3. of the August 14, 2008 Agreement shall be stricken and shall be replaced by a new Section I.A.3, which shall read as follows: I. General obligations of MPAL. A. Monetary contribution. *** 3. MPAL shall therefore pay to City three hundred thousand dollazs ($300,000.00) in the amounts and according to the timeline as follows. FIRST ADDENDUM TO AUGUST 14, 2008 AGREEMENT PAGE 1 OF 3 a. MPAL shall make two (2) yearly payments to City; the first between April 15 and April 30 of each yeaz, and the second between September 15 and September 30 of each year. b. Each payment shall be in an amount of ten dollars ($10.00) per registered, paying player utilizing Heroes Park each season. c. With each payment submittal, MPAL shall also submit to City written verification from a Certified Public Accountant that the payment amount is equal to ten dollazs ($10.00) per registered, paying player who utilized Heroes Park that season. d. Any additional payments may be made at MPAL's election and shall be deducted from the principle balance owed to City by MPAL. e. MPAL shall submit all payments directly to the Finance Department of the City of Meridian. f. City shall deduct from the balance owed to City by MPAL all payments received in the manner set forth herein. g. Interest shall accumulate on the principle balance remaining, if any, starting on October 1, 2025. Such interest shall be calculated at the legal rate of interest as established by the Idaho Code provision then in effect regazding money due on express contracts, or, absent such provision, at the legal rate of interest as established by the Idaho Code provision then in effect regarding money due on judgments. 2. That a new section, Section XV.C., shall be added to the August 14, 2008 Agreement, which new section shall read as follows: XV. Termination. *** C. Modification alternative to termination. Where grounds for termination exist, and all rights to cwe have expired, in lieu of termination of this Agreement, City may, in its sole discretion, elect to permanently or temporarily modify or suspend the rights and interests conveyed to MPAL under this Agreement. Such election may include, but shall not be limited to, modification or suspension of rights granted to MPAL under this agreement regarding MPAL's use of the storage facility, soccer fields, and/or shelters at Pazk. City may immediately effectuate its election to modify or suspend MPAL's rights in lieu of termination by providing fourteen (14) days advance written notice of MPAL's modified or suspended rights and/or interests. Such notice shall include a description of the breach or circumstances providing grounds for such modification or suspension; shall specify a reasonable cwe period, of not less than thirty (30) days; and shall describe with specificity the rights and interests so modified or suspended. City's election to modify or suspend MPAL's rights as set forth in this pazagraph shall not constitute a waiver or relinquishment of City's right to terminate this Agreement or FIRST ADDENDUM TO AUGUST 14, 2008 AGREEMENT PAGE 2 OF 3 otherwise enforce any term of the Agreement, notwithstanding any prior election to modify or suspend MPAL's rights in lieu of termination. 3. That, except as expressly modified by this First Addendum, all provisions of the original August 14, 2008 Agreement shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Addendum, shall be deemed to enlazge, limit or otherwise affect the operation of the August 14, 2008 Agreement or this addendum thereto. IN WITNESS WHEREOF, the parties shall cause this Addendum to be executed by their duly authorized officers to be effective as of the day and yeaz first above written. MERIDIAN POLICE ACTIVITIES LEAGUE: CITY OF MERIDIAN: STATE OF IDAHO ~ ss: County of ADA ) I HEREBY CERTIFY that on this Q ~ ~ day of September, 2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared Tom Roy, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above ~tt~~,~~ ~ Ou~b~ ~~t~ Notary Public fe~daho Residing at _ E~x,~~1 ~ Idaho My Commission Expires: _ '~ _ a ~ -1 ~ Attest: /,~G~IYII"' ~ ~' BY: ~ '~ Tammy~d Weerd - ~ e ~ Mayor _ 3~A~ity ler~ p t 1ST • .~ FIRST ADDENDUM TO AUGUST 14, 2008 AGREEMENT PAGE 3 OF 3 ExxiBIT A AUGUST 14, 2~~8 AGREEMENT AGREEMENT FOR DEVELOPMENT AND JOINT USE OF HEROES PARK This AG~Rt3ffi1~NT' FOJt DBYBr.O AND JOINT USB OF HBROffi PARR ~ "Agreement.' is made this _~~ of Augsst; 2008 (the "Effiective Date', by and batwoea the City of Meridian, a municipal corporabioun orgsvnized under the laves of the State of Idaho (haainafter''CYty'~, and the Meridian Police Activities League, mac., a nonprofit corporation organized under the lawn of the State of Idaho `~~,'~. WHBRBAS, the respective g~over~ning bodies of City and MPAL are mutually imtmusted iun aoohancing the Meridian community's gaality of life by providing sad Ong ra~etionsl facilities and opportmuities, inchxiing soccer programming, for members of the Meridian vommuaity; W$B~REAS, City and MPAL rec;ogaize that zhmugh cooperation, publicty~hetd fiu~ea can be used to meet broader qty needs Sor athletic prograonming and recreatioar thou PAY can pr'o~ Y: Wl~llsEAB, x~eroes Park, located at Went Malta Dave, Memrirlian, lilaho (hereinafter r+e~+od to as `~~, open ca:mptetioq is to include soccer playing Selds and related u~ sad defined sa the area depicted on B~chibit A hereto; WS>iyREAS, ort ar about September 21, 2004, IV~AL sad City entered lure a development and license agttemeat under which certain fights and responribilities regarding the developmennt of fantities, an~mities, and infraatrncttrre at Park wa+e set fwrth, and by which a pmraoe:ahip was established; Wes, the aaA>ore of the pa~rtnerehip betweay and the available rosour~oes oi; the rapectivo parties have changcd such that the previous written agcoemeat and amaodmants thereto ~ longer reoflod the respoctivo tnaouroea end cmants that the partiies wish to contribute to the development sad joint nee of Park, and by Chia Agruxrnaurt the patties hereby sapecaede and void alt previous agt+e~arrb; WSEREAS, MPAL has agreed to reimburse City for cerbem coats incurred by City 8or impmrn-eanumta imptmnented to benel'rt Park in axchemge for City's agroerrre®t to allow MPAL's use of Perk sad elated improveamenta uodar the certain terms and o~itiona as sot 8ordr in this Agrewnea-t; aad R-SEREA$, the m~ective ®overning bodies of (city and MPAL find that it is sac.uy reepoosible sad in the beet inteunaet of the vommnunity to euuzter into sa agreemeunt sharing the vests sad beae~its of Park; NOw,'i'SF.ItEFO~tE, four good and valuable considaratioa, the receipt and suffiaienoy of which ie hetoby acknowledged end agreed, and is ~ of five mutual premises and covareata herein contained, sad is oonsideratian of the rentals above, which am irroorporated harobt, City and MPAL agiree as follows: ~cxee~vrF~x Davatope~nrr~v JoJx1' Ilse opHaitaESP,~r Pros 1 of 14 A. Monetary contribntiost. 1. City and MPAL agroe that the facilities, feadu+ea, and amenities of Pads shall be ~~ 8''~~Y in with the plan attached hereto as Bxhibit A. 2. City and MPAL agree that is lieu of developing partlarlar facilities. feadrres. or amenities of Park, and in+aspective of and in addition to nay and all other monetary and/or in-kind cutiana made prior bo, during, and/oar following this Agreement, MPAL shall oonhr'bute three huadrnd twenty-fit thousand dollars (S3?,8,000.00) to the devdap®eat of Park, which amount appa+opriately r+eilects both the history and rebuts of ffre respective parties' past canur~aroaoa tQ the devaWpmant of Pads and ~ intent and vision of the respective parties regazding the future den-aiopment and use of Park. 3. MPAL ahsll therefore pay do Citythree hundred tvvanty-ag>rt thousand dollar 0328,000.00) sa~tdiag to the terms of the Mortgage end Socarrity Agreameaot and Mortgage Note aepatetely aacecated.and atbsched hereto as 13xhibit B. H. Primary t3oarce of Contact for 11~PAlr. MPAL shall provide City the name, a-mail address, and tolephone number of epedfic MPAL pmcsonnd (hes+~r'~VIpAL Contact's who shall serve as MPAL's primary contact between City AND MPAL for all mattes m~8 ~ ~Y-~-~Y & ~ and maintenance of Park. C. Reasoaabie ass. MPAL shall employ best efficror to enara+e that i6s aso of Park acrd Pads facilities„ amenities. i~astrncbn+e, andJor vegetation is a9 and reasonablo. Where MPAL's um of Park and Park ~cilitias, ~ mrd/or vegetation oausos dispznpartioaately axooeaive damage to MPAL shall reimbiaaa city for the anal or pr+oportiana~te coat of nervy repair ao~d/or replaoensent. OPAL ~rali eaa~aise best efforts to see that any anti all use of Park, whore arch use is scboduled or aamorized by MPAL, is in compliance with aU laws and with City's policies rogarding ose of City parks and/or facilities, including. birt not limited ~ such reasonable polides as may be adopted or enacted by tare Director of the Meridian Parks and Recreation Department. D. P'[dd markifr$. Tlrt+ou~otrt the Spring and Fall Sooner Seasons and the June sad July Soccer cake, MPAL shall aooompL>;:ah any and all i~ad stripingand/or marking that is roquired >~br its practico aesrions and/or games. & Goals asd eq~ripmast. MPAL shall be solely rospcaoaible fior providi~,maintaining, P& & and/or mP m-Y ~ ~ Y ~I~P'~ far any and all MPAL activities. MPAL shall not allow such eqt to stay oa the field when the equipment is not is native use, except that goals may be set up on the evening precodiag a gooc~r game or game day. so long as sn~r goela am removed fivm the field at the ounchurieoa of such gene or game day. MPAL shall stow such egnipnmcnt, iacludizAg, but not limitied to. soccer ~a18. in Aoxea~vt~DBYB~oPA~BNT~NnJoQV1'Ussopli~xoB•sPa~tx PAC~2 of 14 such locadou as shall be deligeated by the Director of the Meridian Packs and Raxedion F. Stosage facility. As set forth in ~ plan attached hesnto as Exhibit A, Pads shall iaclnde a 8 B ~ a coaceesioa £scilitios. a storage facility daigeated far City's nse, and a storage facility designated for MPAL's use. Ml'AL shall secure the storage facility designated ficr MPAL's nse (~' `RV~AL storage ~ so as do pravant criminal or destyn~crive behavior to asnae and/or to tba s err adjacant'facilitios. ~~ shall be solely rapo~'bk for any the8, ~, imlaw~l entry, anon, or other aemages incurred to the 1V~AL stiorage facility aad/a to attached or ad~acaat ilw~~a due to a>~ of sociu~ity at the MPAL storage facility. MPAL shall maintain the MPAL storage ~ a sale sad sanitary ma~a~ and shaD re~ir ply any uosafie car insardtary oorrdrtiona a~sed by the MPAL storage facility or items cr naateriak bored tlur~3n. G. IaUae BoeJoey- l~'ad>ity. 1. Teaaporary goals aa<d barriers. MPAL shall, at its sofa cost and liability, install ~P~Y !~ ~ ~ playing surface sad install tmrrporary curt barriass around the perimeter of the playing aur~ce is accorda~ux with o~cid inline hockey regalaiiaas and safietjr standards as establiahad by USA Hockoy Ifaline or the Amateur Athletic Union. Z. igesarface quad repadat At MPAL's elecfiion, and upon exeartion by both City and MPAL of a separate written addeadrma to >lds Agreement, lV1PAY.mayelect to res~ulhce andlor r+epsint the saline hocloay PliYm6 ~~ iatall P~ tl~ oa the p~YmB aurBaco, and/err install pecmana~t court barriers around die paY'ime~r of the playhig surfaoa 3. Commerckt advertddng. Unless and until a seprurnte writbem agreenaeat is reached regarding oommaraial advertising at Pads, ra ooa~nmercial advacdsing shall be permitted on arty portion of the inliaa hockey frcility at Park, aaccept that temporary signs announcing csamma+asl sponsorship of as MPAL oar City event may be pooled at the inlina hockey faality during such event, so bug as wrch signs are ram~oved from the inline hocloey facility at the c:orrclusica of such averrt and comply with all other appliabk proviaons of City coda and po]icy. 4. Fandiag se~psrate. MPAL aocpreasly r~r+eeents sad warms that each ass all of these delineated prepmraboa acuities shall be uadataken and tlmded separately and apart from nay other duties or costs set forth herein. The 6328,000.00 due and owing $o®a AiII'AL to City under this Agroemont shall not inolnde the cat of prepsrinB the saline hodeey sc~ity as sat Barth in this paragraph. A. Devdopneat of Pa~rir. City shall instill Pads facilities and ~ generally in accordsnoe with the plan attached hereto as Exhibit A, except that City shall be entitled to make reasonable and/or nooessary change to such Plan and/or the implea4eaddiom thervo£ Av1i8BAlBN1'FbR DayBtOAAlEM'AIVDJOAVT User ouPHsROBSP,u~x P~ag 3 of 14 . B. Maintensaoe and operation. 1. Mowing, irr~on, eosbodisJ. t as otherwise set Earth herein, City shall Vie, Wig. ~. sect custodial sarviioes with regard tb all Park facilities, infi~xucbu~e, and vegetation. This shall include: a. Ivy of all Park tnr~ inchdit~ bnt not limited to, azryy and all aeoeaay re- soodin,&layingsod,weed orpestcontrol, and/or Rrctilit~ b. Cleaning and mainhittin,g fmca'litia; and a Cleaning. maitttain~ung, and stocking all ragrootn Scdlities. 2. Utilitlss. City shall provide all naxmtery utilities and services do Pads, includit~ but tat litttited m. elactt~icitY, Potable water, eevvage servicx, and/or we~te sad n~vso removal. 3. Repair. Faccept as othetwi~ sot iiarth herein, City shall cause the repair atuVor mplt of say sect all Park flscilitiaa, +e, and/or vegetadioti that am physically damaged by nse. misuse, vatdaliam, acb of ashaq weather, ar other damage or wear std tear. 4. 3c6ednliag. Bxcopt as otherwise set forth >tet+mn, City shall be solely reapo~aa"ble Eor scheduling all use of Park and Park facilities sad annenities. G Pritttary ilosroe of Contact for City. City shall pann-ide MPAL the tuune, e-mail addt+ess, sad telephone munbar of specific City persoataol (horanaibec "City Ccmotsq,'~ who ahaII serve as City's prn»aty contact betaroen City and b1PAL, for all matters reger+diag the da7+~~Y schedulitg, use, sad maintenance of Park. D. Sbrage facitih-. i. se~ruy of City porno.. with regard ~ the building cningr+estroom, , aad aborage fba3lities, cnY shall assure the tesbroom, ooncarion, emd City storage facility portions tbmnof so as bo prevent criminal or destructive behavior to setae aad/ar to the attached or sc~aceot MPAL rtorag~e . 2. E~ttarlor. City shall maitrtain the aoctericer of su~ah building, including the aa~iat of the 1VIPAL storage facility. eocvopt that MPAL shall be ably rapoostble for the maintetaatoe sad opaadon of any sad aII seaaity devicxs, systems, sadlor hardware utilized tD aee~ue ffie MPAL storage Facility. E. Inline Hackry fadliq- playing wrLca City shall sarihce the inliae lackey fawlitywith co~t+ate and :ball mark and paid such concrete playing sur~Oe in aooozdenoe with official itdine bocaoey morns sad safety eteadards as established by USA ~iockay Inline or the Amateur Athletic [Jnde®. d~'n+AR DBPBLOPII[~1+PANDJolM' i'TSBOFHBROB4P.lRK PA~4OF 14 A. Storsge -, 3nbjed to au other providow of this Agreement, MPAL ahdl be aitidod to exclwive use of the 1VIPAL sbonege facilityr at Park. B. Cow of fees. 11~AL shall have right m assess and collect reasonable faa fc+om pecaone pacticdpatigg in sdivities set finatb in the Off cial MPAY, Spring Sc~duk, the pffiaisl apt, Fall Schedule, the Official June and 7nly Soccer Camp SCb~edulesy and/or the Official MPAL, ~0 Y Schodula. Z)pon Pig thirty (30) days adv~moe written notice to City, MPAL may charge admission fees for access to pack or Pads faoi>itia floc a regional or state toarnsment boated by MPAL which is affiliated with a aadonal spo~nsoc, inclndin,& 6crt not limited to, the National Police Activities League, or with a district tensor inclading, but rat limited to, Idaho Youth Soccer Association, or other sponsor roq~ing the host argaoi7ation to charge admis~on fear. Bxoopt as provided herein,lldpAL shall not collect admission fees for soccer practice sessions and/or gaanea. Bxoept ~ provided herein, City ahari not ba eutidcd do any fee assessed and/or collected by MPAL. a r.Wk parr. The parties hereto aocpreasly acknowled$a th,rt Park v a public apace, the management and schedaling of which shall at all times be within the sole ptnview of City. City shall have the right m use or allow the use of Pack for aay and all purposes and under any and all conditions, aD long as such use does not conflict or +e with a scheduled use sat forth in die Official Ii~AL Spring Schedule, the Official 1VlPAL Fs113chodute, the Oigoid MPAL Juno and Soccer Camp Schedtiles, and/or the OtHcial IVffiAL Inline Hocloey 3chedula B. Afberatlous/isegcroveme4b ~ Park. Upom tbirtY (30) days notice to INPAL is dce weer established hoc+ain, City shall have the right to melee altmaticmcs of Park and/or to grad or locatta , and/or any other impa+ovemeab in or aeon Park or Park dar0. and vegetation, eau;ept that (sty may widectsioe alterattom, oon~ation, or impc+onramaad to cr is Park on an emetgeooy or immediate basis without notice tD MPAL where each adios is neceaeary to piotoct the health, safety, and/or welfaro of the public, or whew such altorations, , ar vaCnents will nd mrmaonably affioct bIl'AI.'s we of Park or Peck amenities ar faecilitia as set fvrtbt is this Agi+eoonmt. Unless otharvvise agreed m writing by the pa4tias prior to such alteratiow, conatncction, and/or improvements to Park by City, each alterations, conetnc~n, and/or improvements ~ Park shall not adversely affiect rho nao of Pack by 1Vg'AL,, aaccept that City may undatcdce ~. ~, m' ~ do or in Park oa sn emesgoncy or immediatie bads, oven if such adios will sdv~ersaly atfed tiu uw of Park by lvffiAI, wham snob action is Y do 1 ~ . safety, and/or welfare of tho public. G Coilatioa a~f Foes. In aooordaace with its poflcxes, City shall have rift to assess and collect reasonable user fees fliom peitiona who use Parr however, the amount of such wee fees shall .lv~tasetaM"P+ouc Dai'eroPU~vr~ Jors+r Use o~Ha~coBS P~ucx P~c}s S of 14 not eocoeod toss and mcpotaaes actually;,,, MPAL shall not be eoLitied eo ~y Park near fee aseeeaedand/or oolieoted by city. A. PpbNc rmoerwfton of Park sus~ltles, Febraary i. The parties aokruwlaaige flat on Fobmacy 1 of eaoh year, City shall make available roe the public itu a~pporhmity m reserve m~acheduled and/or' unreserved aoccar gelds a:rd aheltess in Pack. Aa a condition of MPAL's priority use of Park nerd Park amenities as such use is deaeribed and/or pana~ted herds, 1V)PAL shaft adha+e strictly to the acluduling requit+eaoents ,a fiorth herein. B. No sit bs eiclade oosrveyed. My eocch~,ive use granted m MPAL by this Agraenmt shall iachule neither the right to axchule acry law abiding passes finny Pack whes+e arch person bz not iatesfrring with MPAY.'s use therao~ arar the right ro nodacfar+e with any person's caaaurant, lawfal sere of Pack whet+e such oonaneroat use done not conflict or iatedere with MPAL's sae. At all times not set forth in rho Official MPAL Spring 3ohedule, the Official MPAL Fall Schedule, rho Offidal Iuoe and 7uly Soccer Camp Scheduler, flu Official MPAL taHae Hockey Schedule, or v such activities errs reachedulod is accordance with this Agi+eement, MP~1I, shall be on sm squat footing with the aenesal public nogmdiag its uae of Park, which shall inchide, but shall not be tiwited to, reservation requhamente, priority of reservation of Park ~Cilities, and payaunt of reservation sad other applicable Foes. MPAL aha11 exorcise arnr eouclaaive use granted by this ~groametrt only in aocotdaace with the farms of thin Agreement and is accordance whh any a~ aU ajrplicabla laws and City policaea. C. Sprtstg Sesser Searoo. i. B~ablbltmeat of Sprlog $oooer Season. lay Decambet 1 of the procediag Year, MPAL shy p~~ ~vrittion notice do City as provided herdn of the starting and ending dates of thetwelve- ~ fourboea~-wedc periodm rho spring of the following year dulrir~g which MPAL proposes to schedule and conduct field preparation sad aoa~r practice seasdc®a and game at Parr BY December 3I, du Meridian Parke and Reareetioa Director shall either provide written notice do MPAL of the acceptance of same, err aha11 notify the MPAL Coact of say nece~y ameaxdments. UPS City's mauling of City's writbeo acceptance of MPAL's proposed season, the proposed season shall be known ss flu "Spring 3oooer Season" Once established, the Spring 3occac Season may be amesded only' upon cation between the MPAL Contact and the Meridian Pados and Ra~oa Director. MPAL shall not be guaranteed priority nee of the soccer fields at Peck if the Spring 3ooesr Season is ame®ded atDar January 31. Z. Bstabtishment of OfiteW MPAL Spring Schedule. At least thirty (3t)) oalerrdmr days prior to the fist day of tine Spring Sourer Season, MPAL shall provide written notice to City es pravidod hes~ain of its proposed prattles and game echedute for flu Spring Sourer Season, which shall include proposed dates, times, locations (~~ gelds do be used), and duration of each and eve4y sooner practice suasion and soccer game or sourer game day. The proposed schedule shall also delineate ~e dates, times, locations, and dmatioa~ of sorest field preparation activities to be nndatalcen by MPAL prior to any and all praatioa AG,RaB1/BNTJ'nRDBiBI.oP,ttBNTa]VpJOIM'rls6O1+XBRQ&4PARx PAtiB 6 OF 14 sessions and games ar game days. Within saves (?) caleadar days of receipt of the proposed schedule from 1ViPAL, the Meridiaa Paxios and Racroation Dirocbor shall either provide arrittan notice to MPAL of the Cup's a of same or shall notif)r the MPAI. Coact of any nxwrary amard~s. Upon City's mailing of City's written accxptance ofMPAL's proposed schedule, the proposed schedale dull he Imown r the "Official MPAL 3paing Schodula" Once eshbliahed, the Official MPAL Spring schedule may be amended only upon ooanmuaucation between the ALAI, Contact and the ~ contaa. AdpAL dull not be guaranteed priorm- rase of the soccac fields at PaaiC if the Official ANAL Spring Schedule is amended a@ar January 31. 3. Fbldt. Provided that MPAL strictly adheana to the scheduling regnu+amenta ae set forth in this A,groane~ daria4g fire Sp~g Soccer Season, MPAL shall be entitled tp eaclasive use of flue soaxr field: is Park for aocoer practice sesdon('~ soaxr game(s~ and field prepexation as achedalad is acoordanoe with the Official NIPAL Spring Schedule 8or tho purpoew s~ f+oa th tha+eia and under the tecma set fiyrdr ffi this Ag~oean~t, which use shall preclude nao-lVlpAL vase of tl~ sooca fields. 4. 86elbas. Provided that MPAL strictly adheres to the schoduling requiranents as set forth is this Agc~eenient, during the Spring Soccer Season, lylppI, shall be antitlod to the use of Pads sholbea~s as fnllovvs. a. 8belber raervatlona suede for dnring practlce swdoas and games w days s~6er tlran Saturdays. Belwoan the establisi~ont of the 8prlag Socc;a Soaeoa as set forth heaeirr sari. January 31, AtiPAL shall be a~itled to:save one (1) shelter in Park during practice sesaiorrs or gauss days which are acheda~d par the Official AdpAL Spring Schedule for days other than Sattudays, for which reservation the ehelta rwavation fee shall be waived. City shall have the right to reserve one (1) shelter floor non-ANAL activities or usw, which rwa ved uses shall take precodenoa over 1vII'AL'a ~uwu-iaaaved rase of each shelter: In the event thak MPAI, doe tort reea~ve either or boar shelters in Park during a non~atwdsy game and/or practice section, City shall have the right to r~osava both drelteta for non 1ViPAL activities or vacs, which reserved uses shall talcs praxd~ce over 1VII'AL.'a neon-re~aved use of snob shatters. Aftat January 31, AsPAL shall ba oa egvd iioo~darg with the genacal public shdtat ineervation f~ ~ p of , ~d paymeffi of b. BLdber resa~vatfnns dying praedoe seaa~w and grrmas oa Sa~nrdxys. MPAL shall ba entitled to exchrsive nee ofboth is Pack an 3atnrdays during the Spring Soocar Season, which rase shall preclndenon-MPAL reservsRioa~a and/or ases of the ahehas. MPAL shall not be requir+ad to make a specifio shelter reeavaticn for each use sad thea+e shall be no ehe)ber rwavatioa fee for such use D. Faq Sonar Sworn. i. Eadrbllshmeot of Fall Soccer Sea:om. BY Deoembez 1 of the preceding ywr, MPAL ahatl provide writtear notice to City ae paovided basis of the starting card ~S datos of Ac~esa~vrPOJlt Daf~BLOPr1IBNTANDJ~1' UsB oFHBROBSP~t1tIC PAOB 7 OF 14 the ban- bo twdvo-wook period is the fall of the following yraer during which MPAL proposes to schedule and conduct field preparation and soccer pradice sessions and games at Park. By Decomber 31, the Meridian Parks and Recreation Director shall either provide written zbotice to MPAL of the aoceptence of same, or shall notlly the MPAL Contact of any aaxaary . ~n ~Y'a mailing of City's wtif~ban of MPAL's pmposod seasam, the proposed seat shall be known as the gall Soccer 3asson." Onto establiahod, the Fall Soccer Season may be amended only upon commtiaioation between the MPAL Contact and the Mmidian Parka sad Rea+eatioa Dn~ectrn: MPAL shall not be guaramtood priority use of the soccer fields at Pads if the Fall Soaxr Scasoa i8 amended a8er January 31. Z. Esdtbllt6oteat o! Oll~isl MPAI. ball $rbedale. At 108st thirty (30) calendar days Prior' to the first day of the Fall Soccer Season, MPAL shall provide vvritben notice bo ~S+ as provided 6~a+r in of its proposed practice and game schedale for the Fall Soocar 3eaean, which shall include psvposed dates, times, locations (t, a fields bo be rased), aad duration of each and every aocoar practice session and soccer game or soccer game day. The proposed schedule shell also delineate the dates, timaa, locations, sad dtaatica of soocar $eld ~ activities bo be nadertakm by MPAL prior to any sad all practice sessions and games ~ gamo days. Within severe ("n calendar days of receipt of the ProP~ schedttlo Snni MPALr the Moridiaa Parlor sad Rermsdion Director shall wither Provide writDan notice to MPAL of the City's acceptance of same or shall notify the MPAL Contact of any near „ UPS Cst~+'s of City's written accepfisnce of MPAL's proposed achedula, the pc+oposod schedule shall be known as the "Official A9PAL Fall Scl~ula" Omx established, the O&cisl MPAL Fall Soherdulo may be amanrded only upon comnouaication between We MPAL Contact and the city Contact. MPAL shall not bo guaranboed priority ueo of the soocor felds at Park if the Oicial MPAL Fall Schodule is amended agar Jaoauuy 31. 3. PYdds. Provided that Iv1pAL strictly adhor+es m the scheduling requiceme~rts ss sat forth in this Ag~raemteat, doming the Fall Soccer $oason, MPAL shall be entitled do eiclnsivo use of the soccer fields in Park ~ soccer practice mssion(s~, aoccec game(s~ aad field PmP~~ ~ ~ in aoc~rdance with the Official MPAL Fall 3chednle for the pmpoes set forth therean and uculer the terms set forth is this Agtamart, which use ahaIl preclude hart MPAL area of the soccer Selds. 4. tWelttxs. Provided that MPAL strictly adheres bo We echedu]ing rogturan~ts as set Forth in this Agroement; during the FaII Soccer Season, MPAL sbaU be aatitled to the use of Park shelbera as follows. a. 84dtrer rar<ervatlaas aside for darLng pradloe aealosts and garners on days der Wan Saxardaya. Between the establishment ofth~ Fall Soccer 3oason as set forth heroin arvud Jam~ary 31, MPAL shall be entitled bo nBerve one (1) shelbar is Pack during practice sessions err game Jaya wh3~ aro aahedulod par the Official MPAL Fab Schedule for days other than Sadadaya, for which reservation the shelter reservation tee shall be waived. City shall have the right to reserve one (1) shelbor for na~Ml'Ai. activities ar rases, which resorvod uses shall take procxdanco over Av~~rl'~oRDBt'etoP~sM'.uv~J~vN1' ~ oFHsROB.sP~~rx P~c~s 8 of 14 MPAL's nos-re~m~v~od use of each aheitar. In tl~e avant Rat MPAL dop not raearve either ar both shelters is Palk daring anon-Sahuday game md/or pracdoa seerloa~, City shall ]lave the right to reserve bow shelters for non-MPAL activities or uses, which reserved uses shall take preoedenee over MPAL's noo- use of anGh shelters. After Jemmy 31. MPAL shall be on equal Sooting wide fhe gmlersl public 6 ~~ ~ re4, p~Y ~~, and ~ymont of simper ~ fens. b. Slselter resarvatlo~sa daring practke sections and gams os $afiardaya. MPAL shall be entitled to aveelusive use ofbodi shelters in Pads on Sattndays dtuing the Fall Soooor 3oason, which use shall precludenon-MPAL reservations and/or uses of the shelters MPAL shall not be required to make a speafie ehoiter reservation for sash use, and theca shall be rw shells ~mvarion foe ~ such use. E. Sommer Soccer Camps. 1. ilCstabiWrmmt of Of'Sdai Jane and Jaiy Sooeer Camp Sebeds<ks. By Decmba 1 of the preceding year, MPAL shall provide written notice to City as provided ha+ean of the stating and ending dates of the two-we+dc period in 7aae of the Sollavving year and the two-week period in July of the Sollowiag year doting which MPAL proposes to schedule and candud ^oooer camps at Park, which notice shall ale incfide locstiord of such camps (i.a fields to be rased). By December 31, the Meridian Parks sad Reer+sestion shall either prwide written notice to MPAL of the aooeptanoo of lama or shall notify the MPAL Contact of any nocossery amaulaua~ta. Upon mailing of ouch written soc~ance fl+om City. MPAL's proposed soaxr camp ecLedula aha11 be known reapoctively as the'~lcial MPAL Jura soa;ar Camp Schedule" and the'~Of6cial MPAL July 3ooca Camp Schedule" Once es~lished, tho Offal MPAL June or July Sorer Camp Sehedales may be smsmded only upon oomsmwucation between the MPAL Coact and the Meridian Parka and Recreation Dlrecoos: MPAL shall not bo guanmtood priority use of the sonar Seals at Park tier the June or July Soaxr Camp if the Offi~eial MPAL June ar July 3oooa Camp Schedule is ama~ded aRer Janaary 31. Z. pteWs. Provided that MPAL etiictly adheres to the achoduuag requirame~a as set foorth in this Agreea~mt. during the June and July soarer t~rrrps, i~AL shall be antitkd to eaciusive use of m mor+se than Sour (4) sooa~r gelds in Park for eocxer eampa sc~ednled in acco with the 0~6icial MPAL June ar July Soaatr Camp $c~dulas, which use may prechida nan-MPAL wees of tha scheduled soccer fields. 3. Sberiers. Provided that MPAL strictly adlreae. to ~e scheduling regvn+e ae set forth is this Agi+eernmt, during the June and July Soccer Camper MPAL shall be antitlad to the use of Park slrolters as folbws. Holwem the est~liahmau of the O~aal June and July 3oocer Camp Sahedulea as sot Borth he~r+sia and Jemmy 31, MPAL shall be entitled to reserve one (1) shelter in Park during the Jtme and Jaly Soaxr Camps, Sot which reeervatian the aheha roeeQVatian foe shall be waived. City shell maintain the right to resavo one (1) shelter for non-MPAL activities or uses, which reeerv~ed uses shdi take precodeaoa ova MPAL's nortireeeaved use of such shelter. In the event that MPAL does doRSaersTrr~Dsra~oPxex~'~JO~'ilsaopRs~tOasP.ut~[ PAOB 9 of 14 not reserve s shelter is Park daring a June and July Soocua Camp, Qity ahau have the right m reserve both shehera for ran MPAY. sctivitias or uses, which reserved uses shall take prec;edaice over MPAL'snon-xneerved use of such ~elbers. AtTm~ Jenwry 3I, MPAL shell bo on equal Sooting with the gmecal public regarding shelter reservation re~i+amenta, priority of resevation, and payment of shaitac reservation Sees. F. Lslbae Hockey Season. EstablMl~meat of Inllne Hockey iSeann. By Deoemhec 1 of the pr~ec~ing year, iVII'AL shall provide written Notice m City ao provided har+aa of the startin4g and exudnog dates of the tes~ week pmiod in tlar a~momear of the Sollowsng year duri~ag which MPAI, proposes to schedule sad conduct playing surface preparation sad inliae hockey practice sessions and games at Park. By December 31, the Meridian Packs and Recreation Director shall either provide written notisx bo MPAL of the aoceptaiice of ~ or shall notify the MPAL Caatad of say neoeesary sane. Upon City's mtu'ling of City's amitteu scoaptaace of MPAL's proposed iatime hockey seraon, the proposed season shall be knows ere the `online Hockey Bassos." Once established, the Intine Hockey Season may be anneaded only ~ communication between the MPAL. Contact end the Maridiaa Parks and Recreation Dii+cctor. MPAL chair not ba guaranteed priority use of die arras hockey facility at Park if the Inline Hockey Season is antarrded after January 31. 2. RabrblbLi~t of Omdal MPAL InIVe Hocltey Sehednle. At least thirty C3~ calendar days prbor to the first day of fire Irrline Hocloey Season, MPAL shell provide written notice to City as provided herein of itie p:+opoaed practice and game schedule Sot die Inline Hockey Season, which shall include proposed dates, thus, and duration of sack end every inliae hockey practice senior sad gems The proposed schodale shall also deliaaabe the dates, times, and duration of playing sntFaoe preparation activiities tD be unde~rtalcai by MPAL priar to say and alt inline hockey praaice sa~aszoas and games. Within seven ('1) calendar days of receipt of the proposed schedule from MPAI, the Meridian Parka cad Reci~tion DlrecLot eha11 either provide notice do MPAY, of the City's aocoptsacc of name or shall notify the MPAL Ccadact of any naxo~r ameadm~b. Upon City's mailing of City's writbon aoooptsnoe of MPAI.'s pfd achadule, the proposed schedule shall be knoarn sa the "O~asl MPAL Inline Hockey Schedule." Once established, the Official MPAL Inluae Hoaloey Schedule rosy be amended only upon oomn~icatiaa between the MPAL Cciitact sad the City Contact. MPS shall nit be g 1Y ~ of the inane hockey fadlity at Pads if~ne Official MPAL Taliae Hockey 3chetinte is amended after January 31. 3. Ialiae hocl4ey malty. Provided that MPAL saiotilr adhere m the acJiedutiaig ral as set thrtli in this Agreancnt, daring the Iiilina Hocloey Season. MPAL shall be entitled do eoccluaivo use of the inane hockey facilihr st Park for inlino hoclroy P ~, Ste. cad P~Y~g sutflsrx P~ as scheduled in as with the Offioisi MPAL lnliiie Hockey Schedule !ix the purposes set Borth therein sad under the terms set forth is this Agr+veanmt, which useshall pmchidenon-lvlpAL uses of flee inline hockey fatality at Park. AoRaAOR DsYSCO~Bn7ANDJowT i/s~a oFHs~toasP~ur Pros 10 of 14 4. 86ei!ten. The provisions of this Agreement regatdiag inline hockey shall grant MPAL no priority use of Park shelties. With to the use of the inline hockey ~tY at Park, MPAL shall be on squat footing whh the geneeal public mgaidir~g shelter reservaticer t+eyuiraanatta, pdozity of reservation, acrd paymeat of ehelt~ trdearvatien fees. Coannutricat~n between the MPAL Cotdact acct the City Coated i+egtrdiag day-tn-day mstbers (a&, iaeaes related to use, schednlittg, and maintaaanoe of Park) shall oaatr via oenail, facsiarilo, or telepiwna All other notices requirod do be given by either of the peertiee ha+abe shalt be m writing acct be c~m0anuttcated when paeonally served, or mailed in the United States ~, ~~, rednm m9 addresYOd as follows: City of Meridiem Attn: Padre and Recaeation Dirootior 33 B. Idaho Avawe Meridian, Idaho 83642 Meridian Police Activities Laagite Attn: Co~avmissioner 250 N. Bettie Phu:q Suite A Meridian, Idaho 83642. Hither party may change its a raprasetttativo emd/or address for the purpose of aria paragraph by giving written notice of such to the other patty in the tn:dnnar het~t 1~~ At the cenc[uaicn of each of the fioUovving, the MPAL Ccettact and the City Contact shall t+eview the season to address any problems which tray have arum and to discatat poset~le chat~es to im~pa+ove matbas regaling the parties' joint use of Pads tho Spring Soaxr Season the June Soccer Camp, the July Soccer Camp, the Itrlitre I~oclooy Season, and the Fall Soccer Season. If either party believes that the other party is not fitl5lling its obligations as eshblished by this A,gi~eemmt, the coeoplaining pally shall give written notice of its ooeaptaiat to tiro other petty. The patty r+axiving the co~oaplaint shall, within $tZeen (1ST calendar days, the eidration and confirm dra correction in writing, or reject the complaint, eacplainiag the mitigating cif cad why a remedy cannot be achieved. AORaaar~'~vR DB~oP~~t~vnTonti-s'~ ol~H RoBSP~ta~r Pitta 11 OF 14 City shall not aseiga or sublet all or any portion of City's icrta+at in this Agre~nant car say priviloge or right ham, athax voluntarily or im-ohmtarily, without the prior written consent of MPAL. MPAL shall sat assign or sublet all our say portion of MPAL's iateareat in this Agreement our any privilege or right herenu3da, either vohmtrily or involuntarily, without the prior wnitea consaat of City Thin Agreement and each and all of the terms and conditions hereof shall apply do sad are binding upon the respective orgaaizatioaa, legal ur+epa<+ea~ive, suoceseora, end assigns of the parties. ~ GYP. Neithear MPAL nor its employe+ea, agent, contractors, oiliaxals, officers, servant, J and/or invitees shall be oonsiderod agents of City in any mannea or for any purpao whatoever in their use sad oa:cupancy of Park. XI. indemniAcatlon. MPAL and each and all of its employem, agent, contcaoooara, officialaa;, officers, servants, guests, and/or invitees, and all participant is MPAL prograammiag, shall ~fy aaad save and hold heanlem City ftvm sad fear any and a111oearos, cleia~s, .) ~ . ~ ~JmY ubo persons or property and losses sad eocpeosea causod a iascurred by MPAL oar say l1~AL eamployeey sgeart, contractor, official, officer, servaaad, guest. and/or invitee, or say participant in oar observer of ArIpAL progcammin~g, at or in it use of Pack m say lack of mainbmance or repair thereon and not ceased by oar arising cut of the toartious conduct of City. MPAL shall ~manntain, and specifically agc+ees that it will maintain, throughout the teem of this MOU, liability insurance in the minimmn amount as apeciufied in the Idaho Tort Claims Act set Earth in Title 6, Chapter 9 of the Idaho Code. The limits of ineautrance shall not be deemal a limitation of the coverca>oat to indemnifj- and aava and hold haaaless City; and if City beooraes liable £m an aaoodaunt in eacess of the ice limit herein provided doe to the eations err omissions of IViPAL or say MPAL ecaployee. agent, aantiaar0or, official, officer, aervaat, guest, aod/ar invitee, or any participant in oar obsarv~ of MPAL programming, MPAL coveaants sad agrees to iadLmaify and servo and hold harmless City. fNaaon sad for all such losses, claims, actions, or judgmaat floc damages or liability do persons oar paroperty. City malaes ao warranty oar peramise as to the condtiiaa, safety, uselWaess, oar habitability of the preaniaes; MPAI: acxept Park for nee as is, both at the Bflective Date of this Agaroemart and far each paraatico aeesicany game, aaatd/or game day. In parfoaaming the aoope of sarvicxs required heretuder, City and MPAL shall comply with all applicable laws, rnrdinaances, and nodes of Fedearal. State, and local go~vecaumeaods. XIIL Aattrnev Should any litigation be caaomrarocod botween the pasties heaeeto concerning this Agceeaa~nt, the prenrailing party shall be entitled, is aaididoao m auy other r+eli~ as may be granted, to court cysts acrd reaso®eble attorneys' feos eras detormined by a wart of jm'isdiction. This AaRaa~anrrpo~cDar+aco~aavrt~vvJonur tlss oFHaROasP.uex P~c3B 12 og 14 provision shall be deemed to be a sepatato contract between the parties and shall s~avive any defaault, temainslion or a of this Agmemtat. ~V. Term of As<reem~t This Agreetneart shall bocxrme o~octive as of the 8ffer~ive Data upon mceartion by both pa:ties, and shall aocpiretwenty-two (7.2) yoa:s frnnl the Bffodive Dato milass earlier taminetad or extended in the manner as ~t f~ in this Agreaare®t If the parties to this Agreement 1aH to mutually extend this Agroanent. and neither has terminated die Agroement, the faun of this Ag~eemead, or such odic forms as the parties have agreod upost in writin& shall be renewed automatically forone-year periods diar+eatter udess terminetied by either party ®the manner provided is this Agreement. ~V. Terminatloa A. Groeads for termieatton. Gmtmds for torminaaon of this Agroameat shall includo, but shall not be limited to: i . An act or omisdon by eithor party vrfiich broaches say team of tins Amt. 2. An act of nature or other cunsoar+meeable event which precludes ~ makes impossible the pa6ormsmoe of the terms of this Agroeanea-t by either party. 3. A change in ~umetances dart enders the perfarmrsmce by Qitlffir parry a detrinnent tD the public health, safety. or welfam. H. Termd~satioa prooas. 16iWer party may terminate his Ag~neffi by pa+ovidiag (!i) months advaace written notice of intention to terminate. Sucl- written notice aba11 include a deearipticn of the broach or ca~cwnstances providing gronnda Sor te>~mination. A ninety (~) day cum period shall comtdeaoo mailing of dse notice of intention to te~ate. If; upon the expirntion of such ~ period, cum of the broach or cir+anmstances providing grounds Sor teamiaetion has not occurred, this Agreement may be tarmit~ated apon provision of written wotice of termination. ~Qnstmctloa and $everabWty. if say pact of this Agreement ie bald tD be im-alid ar ~menforcaable, such holding wiu not affect the validity or mfonroability of auy other part of this went eo long as the re~anaindear of the Agt~ent is reasonably capable of completion. 7~,VlL EzLtb~ All e~chibits to this Age~aement are itscoiporated by reft:~ce snd made a part of this Agmenzent as if the exh~its were ser Earth in their entirety in this Agroament. AoRasusnnrFOx DsraroPx~rr.uvvJOn+rr ilss oFhTmtoBSPAlttr PROS 13 Or 14 This Agr~oamer~t ca~ias the entire aroement of the polies and supersedes any and all o&er agreemaats or uandings, Drat or written. whether previous to the eotacutiaat haroof or cayatmnporanoousherswith. Faitnre of either party to promptly enforce the strict perfonoanoe of any tierra of this Agreement ahral not oonetitute a waiver or relinquiehrnent of any party's right to thecesftor enforoe such terns, and any right or remedy heinuoder may be asserted at any time altar the ~ve~tning body of either party becomes ertitled to the benefit thereof notwithstardingdelay in enfaacaarant. This Aa^eoment shall be gavaned by and canstraed sad onfomed in accoTdanoe with the laws of the State of Idaho. This A,~reerrcart shall Wert become eSective or binding until approved by the respective goveaning bodies of both GSty and MPAL. IN WITNESS WI~REOF, the parties shall cause this Agxoanent to be eaecutad by their daly authorised officers m be e~ffoclivo as of the day and year $rst above written. MBRIDJAN POI.rCB AC7'IVITffiS LBAGUB: BY: g- /S/-o Roy Date I~AL CITY OF MffitIDIAN: sY: ~" /9 ~ o ~' Date Tammy Attest: .~ ~ ~ ~. .' 's 7 Ctorlc ., ~ !` ~. Ac~ssaisM'F+We DB~opa/aavr'.uVif'~F ~~ Peax Pros t4 oi+ 14 n,nnn nn~~` E~i'r A: HEROES PARK PLAN AoRS~renrr~x Dst~s~oP~nrr~uvn Jonvr iTse oAHaxamss PARx Bxr~rr A x.~~msaaw ~ ~ M i* ~ • ~~ ~ ~ ~.. ~ ~ !~~ ~~b ~~ ~ ~_ ~ is • ~~~ b ~ ~ ~ ;i~E~~ ~{i~;~~ ~~! ~ EXx~iT B: MORTGAGE NOTE MORTGAGE AND SECURITY AGREEMENT AGRB8~1fBNTl~+OR DBI'+BtoPJIf~6TV7'A1vDJoA1T' USB OFHBROBSP.lRlt B7CfiIBT[' B ADA COUIRY RIDER ~. DAIID NAYARRO AMOUIR .00 17 pOME IDAI~ OIY0810p SOB PM D~Uf'Y BannisObMblMp ~II'M~~'~"'I"~"'I'lall'~~ RECORDED-R~UEST OF 188699408 MerldaA qly MORTGAGE AND SECiIRITY AGREEMENT THLS MORTGAGB AND SBCURTI'Y AGRBBMBNT effioctive ss of August [~,,/ 2008, by Meridian Police Activities League, Inc., a no®proSt corpoaca0ion orgaaized Fmder the laws of the Stato of Idaho, whose address is Z50 N. Baltic Place„ Saito A, Meddiaa, Idaho 83642, as mortgagor (hereiaadec `~mmisoi'~, a~ the City of Meridiain, a munidpal corlwration organized mard~er the laovs of tho State of Idaho, whose addttiss is 33 B. Idaho Avemu, Meridian, Idaho 83642 as mortg~geo (ham `~oklat''). 'WHIB:RBAB, Promisor is indabtad to Holder in the original principal sum of Three Hundrod and Twenty'-Bight Thousand Dolbas (5328,000.00), which indebtodness ig ovidenaed and rnpr+eseated by drat certain Mortgage Note of oven date from Promisor to If+oldar (tho Mortgago Note together with all substituticr~s, oonaolidationn, modifications, repls~ts, rastatemems, iancreases, renewals, aad extensions thereo$ in wholo or in part, shall collectively be refen+ed to as the "Nato'; and WHEREAS, Holder, as a condition piocedant tQ the adctansion of cxodit and the making of the loan e^vidarcod by tho NoLo, bore requirod that Promisor provide Holder with security for tho repayment of the indebtiednees evidenaad by the Noto as well as for the P~ observance and discharge by Promisor of various ooveoants, condi6aa~s and agreements made by Pro~ndsor tic, with, in favor o~ and for the benefit of Holder with respect tD snap nodebtedaoss and security, NOW, THEREFORE, for good cad valuable coweidaation, the receipt and suffiaency of which is hereby aclaaowledged and agreed, and is caenideration of the mutual pzo®isas and covenants herein c~ntaiaed, Promisor and Holder agree as follows: 1. Gramb of Skwriq 1.1 Property Granted. In oonsidearation of and in order tD secau+e the repayment, observance, pecfomnanca and discharge by Promisor of the 3ociu+od Obligations (as dofittod below Promisor grants, bargains, cells. alien, rnrnises„ releases, conveys, assignor, plodgea, delivers, aeRs over, hypo, Rrarra:ets, and can£nms do Holder, as beneficiary l~ac+e4mder, sabjed to the tams and oanditions of this Mca~tpge cad Saanifiy Agroema~tt, all era right, title and interest that Per now has or may later acquire im and to the fol1o~wizAg desca'bed properties, rightie and iatereets and all replaae<nents o£ substitutica~s for, and additions thereto (all of which are mf+erned to below as the `Troperty'~: 1.1.1 Real Property. The real property in Ada County, Idaho, descn'bed in 8x~lble A attached hmnto and made a part hereof (the "Real Property'. i.i.Z Imprm-emeub. All bndldings, shuduros cad other its of any kind, nattu+e or won now at hei+eaRer ec+octed, ~~n. Placed or located upon the Real Y (~ "~• 1.1.3 Apparfesaaoa. All tenameats, hereditamenta, stripe and gores of land, rights-of-way, easama®ts, P~~ ~ ~' aPP~~~s now or hareafta belongzag or in AfOR?YiitOB,uIDS~HrPAGUt38~f6~IT PA08 t ~ l2 ~Y ~Y aP'Pg to the Real Prapaty, iaclnding, arithout limitation, all right, title and interest of the Pr+onaisa' is any attaracquited right, title, iatern~, remainder err reversion, in and to the beds of any ways, streob, avenues, roads, alleys, pa®ages and publio places, open ar pmposod, in il~ of, mm~ing through, ac~oiaing or a~acant to the Real Property; all minorals, royalties, gas rights, water, wets . water etoclc, Aovvers, shrubs, lawn phmts, crops. trees, timber and other ~tblements now or hour located on, under, cr above all or say part of the ltoal Pmpaty (the "Apptuteasrares"). 1.1A I..OS<demnatioa Awards. Any and all awards, psrymeuts or set~dammcate, including ia~et ther+oon, and the right to receive the aame~ as a result of (a) dte aotercase of the right of ~t domain, (b) the alteration of titre grade of say sheaf, sad (c) any other injury, damage ar casusity m, taking of or decrease is the valise oi; the Property, to the eacbe~ of all amounts that maybe secured by this Mortgage sad Sa~rity Agreernaoot at the date of say sndi award or payment, including but not limited to Rassonable A>tioraeys' Fees (as dewed ba~low), ~, sad diabtnaemeata incurned by Aolder in sari arith the collection of such award or P~~ 1.2 Secnr~ed Obi~[oas. Thin Mort®age and Security Agreemneat and the greats. assrganmam~s and haasfeas made heroin am gives fior the patpose of soo~aiag aU of the following, in such order of priority as Holder may die is its sole diaa~otioa (the "Secured t~ligatioma" ): 1.2.1 The paya~M of the indebtedness evidenced by the Note in lawful mo®ay of the Yhuted Stator of America to the extant mrthosiaed by the Note or the other Loan 1.2.Z The paformaace of all other obligations of Promisor hernia. 1.2,3 The p~mce of each obligstiorl of Promisor in the Lam Documenm in addition to the payment of the Note. 1.2A The parformancx of each obligation im dLe Loan Documarr0s of any person gustanteeing the payment of the Note or any portion tharoof or performance by Promisor of any terms of this Mortgage and Security Ag~c+oament, if say. 1.2.5 The ~ of each obli~aticn of Promisor and say gasraator in say renewal, eactansion, modification, ooasolidation, change, roP ~, t+t or incc~e of sU or any part of the Note„ this Made and 3ecnrity Agcameat or the other Loan Doamments. 2. Promisor Caveaaab. Pmrnisor coveoanta and agrees as follows: 2.i Paysneot of Nate Promisor shall psy the Note in accordance with the tams of the Note, and shall promptly and PAY Pay P to the terms of the Note, this Martgsge sad 3eaaity Agreoateat, sari all other doaumants sari inehumeob eorearted in oonaectica with the ids evidenced by the Note sad seau+od by this Mortg~e and Sawrity Agi~oomeat (haeinaRar' collectively referred to as the "~ Doaanoats'~. If sad whoa the Property ar aa'y portion thereof is sold, thmngh foreclosure, dcrosaia, or othecwiso, whefbler woh sale is Mar~~,~.,tpsggy~ PAOB2or 12 vohmtary or involuntary, prior to the by Holder of psymmt of the Note, Holder shall have the right, whether or not a de~Hai~+ judgarmt on the Note shall have boar sought, reoovarod or denied, to raxive the award or payment, or a portion thereof sn~eat tb pay the Secured Obfigetions. x.2 Performutee of Other Oblas. Prosmsor shad perform, ooanply with, and abide by each and every one of the covenm~ts, a and caaditicns contained and set iia~ in tho Note, this Mortgage and 3eaaity Agreement, and the other Loan Docume~s and shall eaa~aply with all laws, or~dinanoa, sales, ragalations and orders of any govetm~l authorities having jurisdiction over the Property ffiat now or heradter affect the Property or requires any albarations or improvemer<ts to ba mach thaceon, and shall perform all of its obligation tmdear any covenant, condition, reeiricbion or agreaflneat of rnaond affecxing the Properly and shall insure that at all tiaras the Property caostibrtee ono err more legal lots capable of bang conveyed without violation of any won or platting laws, ordinaaoes, roles or re8alations. or other laws relating to the division or sepsnction of real property. 23 Conaq-Iianoe wltY Laws. Prooanisor shall observe, abide by, and comply with all atatuoes, ordinances, lavers, orders, regnir+am4enta or decrees relating to the Property araactad, promulgated or i~utd by any federal, state, oouaty err local g~avarnaaneartal auffiority or ~Y agarwy err sabdivisioat thea~oof having jnsisdicticai over Proanieor car the Property. Proanisar shall obearve and comply with all oenditie®s and requumnents necessary to preeerr-e and aoctend- any sad a1I nig>ds, ficeasas, permits, privileges, ~ and corroeesiorrs that are or become applicable to tier Property or that have hoes granted to a oo~ted for by Promisor in connoction with any ezisting, preeerrtly oo~mplated ox fittare use of the Property. 2.a Preservrdion and Maiat~ance of Property. Promisor shall keep all iorprovemanb now masbng or haaaibor aroeted oa, the Real Property in good aa:dear and repair and shall not do or permit any waster t or deterioration thereof err theroon, nor altar, rearove, or demolish airy of the Improvaneats withom the prior written consent of Holder. Frcrnisor shall not do or permit any act whereby the Properly shall become less vahtab~, be usod for purposes contrary to applicable saw, err be used in any moaner that will inoa+eaee the pae+amium four or result im a tamimtion or caaoellation of rho inamrance policies hesana~a regained to be leapt and rasir~iaed on the property. Z.s Haaaraona waste. 2.5.1 Promisor at all times shall beep the Propeaty and ground water of the Property fi+oe of Iiazardoua Materials as defined below. Prommisor shall not and shall not ~Y pe®it its tensata or eah- third party regaining rho consaat of Promisor to eater the Properly, to use; generate, mamriiudue, treat, ~. ~~, tbteatea release, or ~apoee of Hszeurdoga MaLeriaL im, on, or about the Property or 9ra ground water of the Propeety in violation of any foderat, regional, state, or local law, deciaiem, ~Arte, rase. ardiaance or mgulation cumeatly in existence or hereiaaRer enacted or readared (collectively the "Haaudoaa Waste Taws"). promisor shall givo Holder pmrnpt written of any claim by any person, entity, err govmrnaental agency that a slgm$c~nt release err disposal of Hazecdoas MatociaL has coursed in, on, or ender the Property is eacass of legal limits. Promisor, at ib oak shall promptly and thoroughly investigate suspected Hazardous Mabeciala oontrmdiaation of the Property. Proarisot AIoR1G~ilc~.f~SBCLRTA'AtJ11~A18M' PAOB3 OR 1Z shall Sorthwith remove, repair, clean up, and/or detoxify say Haztsdona Materials found on the Property or in tho gmuad water of the Ptvpmty if such actions are requited by Hazasdous Waste Laws, and whether ~ not Promisor was responsible for the eoaistecuoe of the Hazardous Materials in, on or about the Property or the groim~d watiar of the Prape~ty. Hazardous Matierie]s shall include but sot be limited bo snbstsacas defined ae "hazezdota; substaoaos," "bazerd~ous atataciala," or "toxic in The Coonpr+eltenedve Eairitnnasaatal Response, Coalpeasation sad Liability Act of 1980, se atnanded, by the Superfimd ~ and Reauthorization Act of 1986, The IXazardoas Materials Traa~ortation Act of 1994. The Resource Conservation sad Recovery Act of 1976, ad ameasded by The Ueod Oils Recycling Act of 1980, The Solid Waste Disposal Act ameadmeat of 1984, The Toxic Sum Control Act, The Cioan Air Ant, The Clean Water Act, Idaho Bnviroam4eatal Protection and Health Act (Idaho Code ~~ 39-101 tD 39-130 Ida1~o Rxd~tica sad N Matalai Acct (Wabo Code ~~ 39-3001 to 39-3030), Idaho Watier Quabty Act (Ide)a Colo ~~ 33601 to 39-3639), IdsLo hazardous Wasto Msmago~at Act (Idaho Code $~ 39-4401 to 39-4432), Idaho Hazetdoua 3ubat~s gm~ency Response Ant (Zdalro Code ~§ 39-7101 to 39-7115), L~lalw Pdroleo~m Cloan Water Treat Ptmd Ad (Idaho Code ~~ 41-4901 do 41-4948), Idaho Land ~ Ad (Idaho Cod~O ~~ 39-7201 to 39-7210 Idaho Solid Wasto Facilities Ad (Idaho Coda ~~ 39-7401 to 39-7420), Idaho Sale sad Disposal of Batteries Act (Idaho Code ~~ 39-7001 b 39-?004 Idaho PCB Waem Disposal Ant {Idaho Code ~§ 39-6?A1 do 39-6216) yr in any other Iazardous Waste Laws. Ya addition, Promisor shall not put any tmdergrouad storage teaks oon the Real Property. 2.S Z Pl+oanisor shall iadamnif~r Holder sad hold Holder hatmlds fi+oaan sad against arty and all losses, liabilities, dama®es, itgluiea, ~. sad claims of any sad ev~xy kind whatsoever paid, recurred or suflfored by, or aseabed against Holder for, with t+espeat to, or as a direct ear indirect roatilt o$ the pt+eimtce i4 on, or Wade'. ar the oaoape, soepage, moo, spillage„ diaclaatge, emiaic®, or releaeo $roast, ~ y of crazy Hazardous Materials (iacludia& without limitation, anY losses, liabilities, damoa8e0. ~]~~ ~~, or claims asserted or arlsing under any Hazm+dous Waste Laws), regmdlaaa of the source of originstioa and whether or not causod by, or within the coariroi of'; Promisor. 2.6 ActxaaPolilty. Promisor at all rinses shall maitztain the Property in ff tll comtpliawx with aIl existing and har+ea$er matted federal, state, ooutrty. ragicmal or local laws, ordineamcas, rules and ragulstio®s gova0t~tg accemibility for Ore disabled, inohlding but not liatitod to Tire An;bimctural Barriers Act oP 1968, The Rehabilitation Act of 1973, The Fair Homing Aar of 1988, acrd The Amarioans with Disebs'litiea Aat {the "Accessibility Laws"). Promisor shall iadeimaifjr Bolder and hold Holder harmless fi+om sad against any acrd all losses, liabilities, damages, iajudes, costa, expenses sad clainla of say sad every kind whatsoever paid. ittaared or angered by, or asserted agaiaet Holder Sor, with t~espect to, or as a direct or indirect result o>; the noes-com~plianca of the Pxoparty wide rho Ability Laws wh,ethar or sot ceased by, or within the cAastzol of; Promisor. 2.7 Pagrmeot of Tavtes, Aa~sam~ats red Other G7rturga. Z.7.1 Promisor shall pay all taxos, aseossmmts, sad other charges'that are or may be hareaftor levied or aeeeasod npoa or against the Property. whoa the same shall beoomo due sod payable accol+ding to law, beSor+e the same beooaaie debagaect, acrd beSote say inDarest or penalty shau attach thereto. Promisor shall deHva official t+eeeipts evldmciag the payment of ~~~~~ PAas4~ 12 the same m Holder not 1aLar ~ thirty (30) days fo]lowutg paymmrt. Promisor shall have the right to contest, in good ~, the proper ant of ad valorevon taxes or aeeassmasrta by govtal authorities having jatisdiaricn Duet the P:opesty, Pr's however, Promisor aball give written notice thoroof ~ Holder sad Holder may, in its sole diaa+etioa, regnit+e Promisor do poet a bond or other collateral ea~sctasy to Holder in connoction with any such action by Promiaos: Z.7.2 Promisor repr+esaata and warrants to Holder that PY+oa~isar has 51ed all federal, state, cxrnnty, mucricspal, and city income and other tae retacna t~equired >q have bean ~ilod by it sad have paid all taxes and related liabilities which have became due parsuant tD each returns or parsnant to any received by it. Pmmieor does not larow of any bs~ais for any additional assessment in respect of any sack taxes sad related liabilities fur prior years 2.8 PaYmeat of Liana, t~arges and utbraaaa. Promisor shall iamnediately pay sad die~e from time to time when the name shad beoorne due aU tavvfnl claims and demands of mechanics, matzlrialmea, labocncs sad others that, if unpaid, might nsalt i4 or permit the caoation oi; a lion, charge or upon tfie Ptopaty ~ ~Y P~ ~ and/or to do of cause to be done evacytbiyag necessary ao that the lien of this Mcztgage and 3ecurityr A®reemant shall be telly presorved, ax the coat of Prond,aor, without eocpanse m Holder. 2.9 Payment of Mortgs:a Taffies. Promisor shell pay any and all tease that maybe levied or saaeaed directly or indirediy upon the Nato and/or this Moztgage aad Security A®remumt of the debt aecurod har~eby, without regmd m say law that may be h~eareafter a~actad g payment of the whole or any part thereof npoa Holder, its auooeeeors or aangae. Z.10 Insas~noe. 2.10.1 Promisor shall obtain and meaa~i4 or cause to be mazatainod, insurance for Promisor sad the Property proviciumg at least the following covaagea: (a) Property Inaaranca If and/or when applicable, imtaance with respoct to rho Imimov~dnenta and building equiprruaut insuring against any porn in as aaoant egaal to amouam at all times aaffiudesrt to ptwent Holds fiorn becoming a co-itau~ within fire tams of the applicable poHcaes and under applicable law, bat in any e~vmt such insluawoe shall be maintauued in as smomrt egnai to the Sill insurable vah~e of the lmpmovanants and building al~~ ~ ~ Property. The farm `Pull insurable vahie'" memos the actual nplaoameM cost of the 1mpr+wementa sad building equipment {aridaut talvag into amount any dapreciatioa, and occlusive of excavaticmur, footings and foandaticma. landsc~ir~ and paving) de~mimd annually by as inaur+or, a reoogQizad iadepw~dar~t iniluanoe brokex, or an iudepeadent appraise: The Policy shall provide that" (i) all proceeds be payable to Holder u set fob is this Mertgage sad Sewrity- Agreemsant sad shall contain a standard `5ucn-ooorY mart~ea'' andoc~ant or its equivalent relating, allu, do recovacy by Holder ~ ~ the n~ligmt or willful acxa or omission of Promisor; and (u~ a prmrisian that such policy shall not be aaaoeled or terminated. ear shall it without at leant thirty (30) Jaya' Prior written notice to Holder: (6) Ltabtlihr Isuaranae. (leo~eral liability ins<nemce, inchydin~g bodily iayjury, death and property damage liability inenraace, against any and all claimrs, incladiag all lilaxmAOa~-DSscvRt~rAO~rees/e~r' PI-~ S ~ 12 legal liability to lira eoctent insuiablo and imposed upon Holder and all tmtut costs and attorneys' fexm sad eapansee, arising out of or connectied with the possoesion. use, leasing, operation, maint~ance or coodition of the Property in each amounts as are geaarally available st cmmmarcially raasonabla preanimns and sic garerally regairod by instidrtianal Holders for 'ea comparable to the Pmlmrty but in no evvmt ~ a cmmbined single limit of less than Thus Policy shall name Holder as an additional named inaurod sold shall contain a provisioo that such policy shall not he canceled or bnminatod, nor shall it eccpir+e, without at least t~Y (~) ~' 1~' written notice to Holder. 2.10.2 Promisor shall cmmply with all insursncm rnqun+ememds and shall not brims or keep or permit to ba brought or leapt nay article upon ~ of the Property or cause or pamnit nay condition 6Q aadst thet+oon that would be prohibited by an inauan~x ngmrao~t, or would invalidate the insurance coverage required het+ecm~dar do be maints3ned by Pm®isor on or with respect m any part of the Property pucsusat to this 3ectian. 2.10.3 if the Property shall be damaged or destroyed, in whole or in part, by 8re or other casualty, Promisor shall give Prompt notice of arch damage m Holder and Promisor shall proanptly cmmmesxx sad diligeady Prosecute the completion of fire repair and rostoralion of the pr+nperty as nearly ~ pole to the condition the Property was in immediately prior to snob ere or other caueualty. 2.10.4 The inauwnce coverage required may ba effected under a blanket policy or policaes covering the ProPaty sad other pmopeaties and assets cot oaistitcdiag a pmt of the secmrin- hennnader, provided that any su~ah blanket policy shall spec~r, except is the case of public liability inauaace, the portion of the total coverage of each policy that is allocated to the Property, and any aublimit is such blankd policy applicable bo the Property, and shall In miy case crosnply in all other respects with the requires of this 3eation. 2.10.6 Promisor waives say sad all right to claim or recover against Holder, its officers, employees, agents and rives, by way of s~ogatioa err otherwise, for nay bw augaisod by Promisor, or nay loss err damage to the Property, Promisor'a property or the property of others under Promisox'a o~+ol fl+oa4 any cause insured agaioat or required to be it~surod against by the ptnvisicns of this Mortgage and Seauity ~greament, 2.11 Coademation. Promisor shall promptly give Holder notice of the acdual or throeteaed carnmerumoaesK of say condemnation err amiaeat domain proceeding and shall deliver to Holder odes of any and all papers served is oormecticn with snob proceedings. Holder may partiapate in any each proceeduags to the eaclent permitted by law. Proraieoar shall, at its aocpense, diligently prosecarto any such proceediu~e, and shall consort with Ho1de~r, its attorneys and experts, and cooperate with them is the carrying on err defanaa of nay ouch proceedings. Notwi~nding anY by ~Y P~~ or 4~~~ Y eminent damaia or odlacvvise (mcltxling, but not limitied to any transfer made is lieu of ~ in aaticipstica of the exerrcise of ouch Wang), Prmaisor shall pay the 3ocurod Obligetiona is tam mamsar prowrded thr ils payrnant in the Note and is this 1Vtortgage and Security Agraem4ent. Z.12 Examhudlon of Prombor's Records sid Premises. 11lQR7GLttad IDIDSB+LLR177~ORdd1(d1V7' PA08 6 q-12 2.12.1 Promoisor shall maintain complete and acarrate books and records sho~viug in detail the inoo®e an+d aorpeasas of the Property, arul shall paretit Holder and its reprasmtatives tb stamina such books and records and all supporting vouches and dam during norrmal hours and ~ time ~ time opoa request by Holder, in such place as such books and recozda are customarily kept. Upon the oectnrence of an Bvart of Default, Holder shall have the right to require that ffie Snaaaal statemueats be audited sad oecHfied by a carti$ed public aecouatant acceptable to Holder, at the sole cost sad expense of Promisor. 2.12.2 Holder, and/or its agerts, shall have the right sad shall be permitted, but shall not be required, at all reasatrable times, to eats upon and inspoct the Property to inaare compliance with the eovaunts, agreaaeats, and coaditiaas set fiorth in this Mortgage sad 3. 'Warranty of Title. Promisor repmeeemts and wacranta m Holder deaf Promisor hae good title to the Propaiy and has the right do mortgago, $nrnt+ bargain, sell, Pledge, assign, wareant, t~or and convey the samo and that Promisor possesses a fee siauple absohrte estate in >3re Real Property and that it owns the Property free and clear of all liens, ee~mabraaoea and charges whatsoever except for two priar martgagos and real property texas for years aabsequreat do 2008, which are sot yet due and payable (the "Permitted Bxcaptions'~. Promisar shall Soravar warrant, defend sad preserve the title and the validity sad priority of the lien of this Mortgage and Security Agoemant and shall ibmevar wantint and defend the same to Holder against the claims of all paaca~s whensoever. 4~. Pbrther Enwobraace Pr+ohibibed. Promisar shall sot, without the prior written concert of Holder, mortgage, gram bargain, arcumber, pledge, assi84 or othacwise traasfar the Property or eery gaet thereof or permit tbue Nropaty ar any part thereof to be mortga,gcd, gamed, bargained, enc~mnboe+ed, Pl~~+ assigned, ar ~arwise transferred. 3. 1Deisuk. The ooeurrenae of any one ar more of the following eves shall constitute an "Evart of Default": S.1 Faihue to make any paymart of the attire of the Secured ObHgationa in aocoidaaee with the tams of Oro Note, this Mo~ge and Security Agreaaroat, and all othaor Loan Doaunoaro. S.2 H say n~ or wsrraady of Promisor, or eery mamba', gatacal peter, principal ar beaoficdal owner of say of the iir made heunin, ar is any other Loan Docameat, ar in say guaranty, ar is any certificate, report, imaacial statement or other instinmi~t ar doarment fiaaiahed to Holder shall bane bean false ar misleading is any material s.3 >f (i) Promisor or say Ciuarsator shall oeman~co say case, procoodiag or other adios (A) larder say antismog ar firtiu+e law of any jariadidie®, domestic er Soceiga, ~g ~ banlm~bcy, insolvency, reoaganiration, co~aearvatosrship or roliaf of debtors, sodaag to have as order for relief aoatored with respect to it, or seeking 1o aQjudieate it a bankrupt ar ieuolvart, ar g ~~, ~. ~j~~, w~g.up, liquidation, dissohrtion, motion or other xeiiaf with respect to it ar its debts, ar (B) soaking appointmaet of a Aloue~t pa,eyp•A PAt7B7 of lZ receiver, tcwboe, waoodian, oonsasvsuoor or other similar official for it a For aU or any pact of its erasers, err the Promisor or awry Guarantor shall mare a general saagunment for the bane$t of its creditaa~ or (ii) thoro ahdl be conmsasced against Proamsor or any Gvar~or ~Y case, procoediAg or ~ action of a nature referred to in clauaa C) above which (A) remelts in the entry of as oc+der for relief or any each adjudication or ~t cr (~ remains undiamiased, wndiscbatgod or unb~oatided For a period of sixty (6Q) days; or C~~ there shall be commenced agaicaat the Promisor or any Quanuitior any case, pcooeeding err other action seeking issuance of a warrarnt of attacinaa~ent, eoaecution, distraint a similar procasa against all or any substantial peat of its assets which resailta in the e~S- of any order For any each relief which shall not have been vacated, discharged, ~ stayed err bonded pending appeal within sixty (~) days fi~oaru the entry the~reofi or (iv) the Pronoieor or any duara~or shall take any ration in ftrthaanco of, or indicating its oonaant to, approval o~ or acxluiescence in, any of the acts set iarth in clause (i~ cuff, ~ C~7 abo~a ~ (v) the Promisor err any Guarantor staaU generauy net, or ahau be unable to, or shall admit in writing its inability to, pay its debts as they become due. SA Bxvopt For the specific defaults sot Forth is this Section, any other default undm any Loan Doaumaat by Proncaisor, which default is ~t ourod within thirty (30) days a~ftcr written notice flnm Holder to Promisor, provided that if such de~ult amnot reasonably be curod within such thirty (SQ) day period and Pcomiaor shalt have commenced to Dare such default within such thirty (30) day period and thereafter diligently and expeditiously proceeds tb wme the name, such thirty (30) day period shall be wctended For so k~sug as it shsdl require Promisor in the eoeetcise of tine diligence to aura such default. it being agc+eed that m such ea~tea>aion shall be 6or a period in excess of minety (90) dsys, Zmlese, only in the case of aces that require oonstcudian ~ raanedial work, arch came catmot witit diligence be completed within each ninety (9~ day period, in which case s»ch period shall be eoctonded For an additional ninety ~ days. 6. il~4ta sad Resaedlea. 6.1 ilpon the ocan=ence of air Bveot of DeFiwlt, Holder may take such action. without notice a• demand, as it deems advisable to pnot~ect and eaFoaae its rights against Promisor and in and to the Property, including, but not limated to rho Following actions, each of which may, to flue exboat permitted by applicable law, bo puraaed coa:~aresrtly or otherwise. at such time and in sacdi ardor sa Holder may determine, in its sole discretion. ~vi~out Ong or otherwise atfiecting the other rlglsts and remedies of Holder: 6.1.1 Oculars the entire unpaid Soaued Obiigaticns to be holy duo and Payable. 6.1.2 institute proceedings, judicial or otherwise, far the oanpleee ~ of this Mortgage under any appIiuxble provision of law in which case the Property or any interest therein nosy be sold For cash or ~ orodit in one oar mono paro~s err in several iirtecests or porbicns and in any order err manner. 6.1.3 institute an achoa4, suit err proooeding is equity For the specific p~ of any covenant, condition or agr~eeomeat oom~ed herein, in the Note or in the other Loan 1)ocamne~s. A[atJC~AGiBAi1m38CG~e17~•A(~It8aA~1' PN0680P 12 6.1A Apply for the sppoi of a arocaivar, trustee, ligaridator err cormavaboar of the Prapaty, withoart notice and without regard for the adegoacy of the security iar the Soaared t'~ligatioaa and without reed for the solvency of Promisor or of say person, firm or other entity liable for the payment of the secured Obli~tiOns. 6.1.5 3abject to nay applicable law, Holder may evabeor intro or upon the Property, either personally or by its agents, or attorneys and di»possess Promisor and its agoats Bad thete~6ronn, without liability for t<+espssa, damages a< otherwise and aocclude Pronusor and its ageam or servants wholly tha+efrom, and Promisor agrees bo sturaadar poseeamaa of the Property to Holder upa~n danaad, and thar+eupon Holder may (i) use, operate, manage, oorarol, insure, maintain, repair, restore sad otherwise deal with all and way part of the Property; (is~ apply the raxipts fi+am the Property bo the payment of the Secured Obligations aRer doducting tha+afrom all eacponsea (including Reasonable Attaxnaya' Fees) incanred in cwmeation with the aforesaid operations and all necessary to pay the Taxes, !~ Charges, insurance sect other ao~paaases in c~aecGtan with the Property, as well ere jn~ and reasonable comupensation for the services of Holder, its counsel, mats and employees. 6.1.6 Pnraae such other comedies as Holder may have under applicable law. Notwithstanding the provisions of this Saalioa to ~ contrary, if any 13veat of Default shall ocxarr, the entire unpaid secured t7bligations shall be auboanatically due sad payable, without any fiutl>Ar notice, demand cr other eYOtion by Holder: 6.Z Rfglrt to Care Detanlb. Upon the coctnratca of any Bveast of Default, Holds may, but without nay obligation >n do so sad without notice bo or daramd on Promisor sad without releasing Promisor ~ nay obligation haramdar, catte the same is such maoner and to snch exbmt m Holder may deem nacossary m probxt the aocurity haroo~ Holden is authoriaxd to caber upon the Property for such purposos, or appear in, defend, or bring any satioa or pmcoeding to protect its in the Property or to foreclose this Mortgage and security Agc+eernent oc collect the $aannd tJbligationa, and the coat and eo~paose thereof (mchrding Reasonable Attorneys' Fear bo the eartent permitted by law) shall caae~abe a portion of the 3ocored t)bligations and shall be dne and payable bo Holder upon demand. All auah ooaats sad axpenaea incta=ed by Holder in zaoaredying such Bvent of Default err in appearing in, defeaouling, or bringim~g nay each satian or proceard~ing stall bear mtaeet at the stadrbory rate fear tiro period after notice fi+om Holder that ouch cost or wgmmre was incurred to the dace of payaaemt to HoWar. All anch roam sand axpmsa ua+eared by Holds bogetbar wide interest tl-~aeoa calerlsbed at the ata~ory rate shall bo deemed to coaatituCo a portion of the $ecurod Obli$abica~ and be se+cur+ed by this Mortgage and Security Agitiemeat and the other Loan Docmnmts sad shall be iaumediately dna and payable upon demand by Holder therefor. 6.3 Other Rlgltts. 63.1 The faihaoe of Holder m indst upon strict per6oa®ance of nay tr.rrn hereof shall not be daared fp bo a waiver of any term of this Mortgage sad 3oomitlr Agroaneant. Promisor shall not be relieved of Promisor's obligaxiona hereuadeor by reason of (i) the teilm+e of Holder bo comply with say reyuast of Promisor bo take any actior- bo foreclose dais Mortgage and Soauity Agcoemmrt or otherwise eafioroa nay of the provisions hereof err of the Note or the other bt4~rwMIDSsaAerrrAcusa~vr' Pwo89 oP 12 Loan Docnmeats, (n~ the release, regardless of oo~idarabon, of the whole err any part of the Property, cr of any parses liable for the Secarod Obligaticas or any portion therooi; or f~~ ~Y agroammt or stipulation by Holder modii'yimg or supplementing tore terms of the Note, this Mortg~e arrd Soaarity or the other Loan Doam~and. 63.Z The risk of k-m or damage to the Property is oa, Promisor, and Bolder gha1l have no liability whadoavar for decline is value of the Property, for failure to maintain the inatuanco policies required hecamdor, or t~ failure to determine whether inaaaace in ftaen is adequate as to the amowtt of risks insured. 6.3.3 Holder may talus action to orrforce any covenant huc+eof witbaat p:+ejndica to the right of Holder t to foreclose this Mortgage. The rights of Holder uadar this Mama and 3ewritY Agr+oetnart shall be ate, diseroct and cumulative acrd none shall be givern eifact to the exclusion of the othara. No act of Holder shall be coa~ahued sa sa electioa do proceod wader eny sere pravisi~ heroin to the eacch>sic®of say other pmovidoa. Holder sha11 not be limited earclusively to the rigbtc and reniodies herein stated but shell be entrtled to every right and remedy now or hereafter afforded at law or in equity. 7. Lrdeaui0artlon. l'f Holder shall become a party either as glaiatiff oar as defendant, is airy action, guilt, appeal car legal proceodiag (moludin& without limitation, ibr+ociosure, ~~~, ~Y. ~~ ~ m' enY Pig a-har+ain proof of ohrim is by law raquirod to be Sled, hearing, motion or application before any court or adminiatrstive body in relation to the Property or the lien and cacurity mutest granted err created hereby or herein, or for the reoovaty or protection of said indebtedness or the Property, or for the foreclosure of this NWrtgagq Promisor sha11 save sad hold Holder harmless from and against eery and all oocd and eatpaases incaa~od by Holder ~ acoouat thetaoii including, but not limited to, Reasonable Attcraeys' Fees, title searches and abrtract sad survey charges, at all trial and appellate levels, and Promisor shall repay, on dema®d, all such coed sayd eocpenses, together whir uttes+est theroeon; all of which stuns, if unpaid, shall be added to end become a part of the indebtodness satrred hereby. 8. Usury $avings Claws. Notwithstanding say providorts is the Note or in this Mortgage sad 3ecmity Agreement to tho contrary, the total liability for payments in the nahue of interogt including bat not limited to default interact shall not mtceod the limit imposed by the laws of the State of Idaho or; if controlifng, the United Sdtiea relating to maodmum allowable charges of iaataraet. Holder shall sot be untitled to rocdve, collector apply, as intiarost on the indebtedness evidenced by the Note, say emotmt in axcees of tho maramum IawRrl rate of iatertist permitted to bo charged by applicable lsw. If Holder ever roceivea, colleoh err applies as interact any such eaccaess, such amount that would be earcxmive intocegt shall be supplied to reduce the unpaid balance of the indebtedness evidenced by the Note. If the undid balance of such indebtedness has bees paid in 1611, any ranainiag exoem shall be paid m Promisor: 9. Notltxs. All natitxs or other written ca~rmiastions hatevnder shall be deemed to have boon proP~Y Srym ter) ~ ~ti~Y, if delivocod is pacsoa or by a tre~isuoa wi@r rcceipt ac~kno~wledged by the redpiaat therooi; (b) one (l) business day agar having boen deposited for ovaraight delivery with say ropntable o~varmglrt courier service, err (c) dues (3) business days after having hose deposited in arty post office or mail depository regularly XoRICLtv6AlvDS6QlAtlfYilGlt~vr PAt7a 10011? mein~od by the U.S. Postal Service and seat by registered or certified mail, postage prepaid, return re~oeipt requested, addrosee;d as follows: 1'f m Pmmi$or. Maidiaa Folios Activities League, Inc. Attn: Cooaer 250 N. Baltic Place, Suite A Mesldian, ID 83642 If to Holder: City of Meridian Attn: ~Y A~aY 33 B. Idaho Avenue Meridian, ID 8364 l~idyer party by notice m the other may designate additional or different addyn:sea far subsequent ~ ~nu~catioa6. 10. Governing Law. Thin Mortgage and $eayrity A,g~nart is do be governed by sad construed in acc:ordanca with the Isvva of the state of Idalyo sad, if ooffirolling, by the laws of the United States sad shall be binding neon Promisor, its hens, peaaonal revos, scycvasors and assigns and shall inuro to dye benefit of Holder, its suacemora and assigns. All rights, powers sad remedies provided in this Mortgage and Security t~greamant may be aa:amieed only to the extort that the mcercise thereof does not violate any applicable pmvisioma of law sad are intended to be limimd to the entail naxmayy so that they will not Hader this Mortgage and 3ecmity Agreenyart invalid, unenf~or+oeable or not entitled to be recoa~ded, regisoered or Sled under the pt+oviaioays of nay Applicable Law. 11. Termirob87. The provisions hereof shall be binding upon Pmmieor and the bairn, personal repr+esaatatiivea, sncxeasora and asalgrys of Prior, and shall imyre to dye beaefit of Holder, its auaa~ssars and assigns. Whore more than c~ Promisor is nrmned herein, dm obltgatioaa sad liabilities of said Pro®isor shaII be joint and sevesral. Wherever used in thin Mort~go and Banally Agr+emneat, unless the oo9ntooct~clesrly indicates a contrary latent or unless othacw;se speeifycally provided heroin, dye word 'promisor" shall mean Promisor snd/or any subsegaaat owner or awaers of the Propa~ty, the word "Holder'' shall mean Holds or any sabsequeat holder or holders of thin Mortgage and 3eayrity Agi~eomeat, the word 'Rdote" stall moan dye Note seccyred by dyis Mortgage sad 3ewnity Age~oeraesyt, sad Bye wotd'~eraon" shall naea~n as iadividuat, trustee„ frost, oosPoratio'A. Partnership or uairrcorparated assodation As used her+ain, dye phrase '~teasonabla Attorneys' Feae" shall a>asm fool charged by attorneys seledod by Holder based upon each attarryoys' d~a pynvailing hourly rams as oppvsod to nay statutory prewmuption specified by any statute then is eifoct is the State of Idaho. iZ. Yaapptlkabk Provisbns. l.£ say term of this Mortgage or nay applieatiea thereof shall be imryylid or uaeaforoeabla, the remainder of this Mortgage mad say other applicmtioa of the form eiyait Hat be affiocmd dyareby: 13. Meas. This Mortgage and Seayrity Agreement causal be changed, altered, amended or modified eocoept by as ageeeoaa~ is writing and is recordable form, eoceaybed by both Promisor sad Holder. MoRlatos.uvD SBaAVry'doR88x~+n' Ptioa 12 OP I2 14. Captloas. The aaptiona sat forth at the 'b~mnio$ of the various sections of thin Mortgage and 3ecwlty Agraeaneut an for convaaiieaae anly sad shall not be used to interpr~ or construe the provisions of this Mortgage and Security Agreemaat. 1S. Entire Agreemment. The Notre, this Mortgage and Seoarity Amt and the other Loan Doamunta ooze the Mire understanding and agreement between Promisor and Holder with respect to the traasactiorsi arising in ooaneation with the 3eauod Obligrdiaas and supersede all prior written or oral understandings and a between Promisor sad Holds with respect thereto. Yrt R-ITNESS 'Vi-Sl9',REOF, Pross~or ha: eseeated this Mortgage sad SeearNy Agreement u o! the day sad year ~ wrtttea aba+oe. PROMISOR Meridian Police Activities Leagues Ina. T , 3TATB OF IDAHO ) )~ Cwm~ty of ADA ) Y Y CBRTIFY that on this ~ day of Augwet, 2008, before the nadersigoed, a Notary Pnblia in the State of Idaho, paraonally appoaccod TOM ROY, larawn to nu to be the p~ who azcegrted tl~e said iastrumant, sad aclnwwledSed to me that be a~cecuted dte same. IN WTITIBSS WFffiRBOF, I have hes+eimto sot my band anmd a#Taced my official seal, the day sad,' aSC 8 ~aate first above - ~~ n ~oTAR~, ta~y lie Ear Idaho ~~~ * at Retsd .Idaho . L H L'G ~ _~ ~~~ / O ,~( Wr~$~~~F, Holder has esewted this Mort~e sad Seearlty Agroam~eat ar of the dTiq- ~d year fist wrktaa abava~~ ~„~un~~u~~, HOLDg1t'. City of Attest: i By: T ~ ~~. .~ S ~~* ~_ S~AiJ - s tsT • • r P ,,, q~,tY A , rllo~vG~tOB,~ Sswam'~lcstaBxsM' PAitls 13 Or+ 12 E~isiT A: DESCRIPTION OF REAL PROPERTY 11~o~cB.wD ~Ao~e8MBx1' B~1T A ~ ~ ;ll~a SAX qqg 11 l2 p ~~ No.. Data a~ P~ic~-: Atnt: of Innuanc~ Z91~86 Z8Z13309 March 3, 20Q$ at 7:30:00 510.000.00 AM Old Repablic National Title Ltsnrance Company LITIGATION GUARANTEE SCHEDULE A 1. Name of A~ured: P~11ns 1 5200.00 Mecidimn Police Acszvitias I.eaglte, Inc. 2. Title to said ertate a brtarest at the date hoof is vested in: (Werjdian Pokce Activities League,lnc. 3. Tlue estate or irnberost in the land heu~einatler described or referred to covered by this t3uara~ae is: Fee Sinq~le 4. The land referred to is this (3uatantoe is situated is the Stsse of Idalw, County of Ada anti is described as folbws: {I) S1LrE ATTAC~D EDIT A Sct~dale A peke 1 of 2 pa5e(s) Old Re~blic National Title Insarance Cotrpany LITIGATION GUARpN7CEE SC>S~DULE A EXH>a3TT A (1) A parcxl of land Located in the 3ottthesst r of Section Z6, Tovvnahip 2 North, RanSa 1 Bart. Bone Merman, Ada tom, Idaho, ~g mon ptud~la~ descn'bed as fdbws: The South half of the Northeast quar0ar °~ the Sou~t 9~ of $00bi0° 26, the Bast half of the Southvaest quarter of the Southeast quarter of Seaton 26, the Southeast quarter of the Sotttbetu~t quarter of Section 26. img at a brass cap marlaag the Southeast ~~' of ~ $0~0t126, said brass pP described is CP&F ik 103166014, Ada ~Y Official Records: 'mince aEooS the South Ilse of the Southeast Q~~ of Sew 26, North 89°18'45" West, 1957.30 fleet to the Wees lice of the Bast half ofthe Southwest quarter of the ScQthaast gwrter of Seotion 26; T'hance along said Waet lit~a, North 00° I3' of„Sa~ion 26 5.39 £eet to tfia Nocdr 1me of asld Bast balf of the Southwest quarter of the Scaduesat gaarter .~ aloe~g said NotW litre, South 89'31' 14" Batt, 653.83 Beet to the West line of the South half agthe Natheest qustter of the Southeast gaerber; Thmoe abng said West lids, North ~'S~ Writ. 663.87 &d to tbm north lino of said South half the N q~*~ of the Southeast quaroer, Thence alcrtg said North Ilse, South 84°37'28" ]Bast, 1309.08 fleet to the East line of the Scud~eaat quartor ofi Section 26, said'Bast lim being tha oaeoerline of S. Maple Omve Rod: Thmce along the said Bast line and said ceatadiztq, Scutb ~'~" ~+ 1998.69 &et to the TRUE POINT OF BBOII~TNII'1C>}• Schodule A pa,8e 2 d 2 page(s) MORTGAGE NOTE S3Z8,000.00 Ada Coraty, Idaho Aagast~ ~ FOR VALUB RBCEIVED, the nadersigned Meridian Police Activities League, Inc., a aonpmoftt catporation organized coder tho laws of the State of Idaho, whose address is 2S0 N. Baltic Place, 3aite A, Meridian, Idaho 83642 (herwnafter `~'ro~niso:+'}, promises tD FaY ~ ~ order of the City of Meridian, a municipal oorporatioa orgamzod ' the lawn of the State of Idaho, whose address is 33 B. Idaho Avenue, Meridian, Idaho 83642 its sucoossors and assigns (the "Hold') the sum of Three Hundred and Twonty-Bight Thousand Dollars (5328,000.00), in lawful maaoy of the United States of America which shall be legal tender in payment of all debts at tho time of such payment. The sum duo horaunder shall ~ payable at tho office of Holderr at 33 Bast Idaho Avemre, Meridian, Idaho 83642, or at snch other place as Holder may firm fume to fume desig~nato. Said principal shall be mid in the mann~x set forth blow. 1. Interest. No interest shall accrue on the unpaid balance of this Notes 2. h'Y• The unpaid balance of this Note, if not sooner paid, shall be due sad payable in Srll upon salt of the Property as defined below by Promisor (the "Maturity Date'. 3. prepaywont Promisoar shall have the right m prepay all or any part of the obligation evidevcod by this Note at auy times 4. Additbnal Coaditioas. This Note is secured by, snd subject to tba terms o$ a Mortgage and Saauity Ag~eart of even dabs herewith encumbering certain real property located in the County of Ada, State of Idaho and other property as more particularly desca`bed in the IVloatgage and 3ecwity pgroemaat (t~naRer `~roperty'~. 'This Note, the Mo~age and 3ecority Agroemeat, sad all other documents and instruments acecuted as evidence ofi as additional security for, or executed in ooanocticm with the indebtedness evidaaced by this Note are couexth-aly referred to as the "Loam Doamoents:' S. Ftilt Reooar:e. The liability of Promisor with respect m payment hereustider shall be "full r+eoourse" and, acoocdingly, Holder's source of aatisi$ction of said indebtedness and Promisor's other obligations h and ceder the other Lola Doffs shall not bo limited to the Property. Upon the Mat~nit)+ Date, Holder may seek to procau+o payment for any deBicietrcy out of any other assets of Promisor, or any pozawn ar entity comprising Promisor, or to sods jndgmerrt for any sums which are or may be payable under this Note err antler any of the other Loan Documents. 6. Idaho Law. This Note is made is the state of Idaho, wfiioh state the parties agree has a substantial relatioeahip to the parties and to the underlying treasactioa erabodied hereby. Amy, in all rte, this Note and the Loan Doauneme and the obligations arising her~ennder sad tharewnder shall be governed by, a~ construed in accordance with, the laws of the state of Idaho applicable to contracts made and performed in such state and any applicable law of the Unified States of America. Bach party uru~aditionally and irrevocably 16IQit'rt:ARR NB7'P. p~AR 1 nrr 7 waives, to the fiillast eactont permitted by lave, any claim to assort that the law of any jurisdiction other than the state of Idaho govorns this Note and the Loan Documents. 7. Captions. The oaptions sot forth at the beginning of the various paragraphs of this Note are for oonvauieace only and shall not be used to intoapret yr consteve tha provisions of tfiis Note 8. savings C7sose. If .any clauses or provisions hee+ein c~tained opas~be or would P~P~IY ~ ~~ this Note, than each clauses oz provisions only shalt bo held far' nae~ as though not herein contained and the re~mainda of this Nate mall remain operative and in fall force and ems. IN WITNESS WHEREOF, Promisor bas ez~ted ti,b Kota as of tits day aed yeAr fiat above wrSbas. PROMISOit M Goa Activmties League, Inc. y: Tom Rnenissionar STATE OF IDAHO ) sa: Cotmty ofADA ) I HE1tB,BY CBZZTIFY that on this /'~ day of Augast, 2008, before flee undersigned, a Notary Public in the State of Idaho, personally appoand TOM ROY, known to me tD be ~ pmson who executed the said instrument, and aclmowledged to me that ho eoceaeted the same. IN W1TTS WHBRBOP, I have ha~cewrto set my hand and affixed my offiaiat seal. the nay and y'~~ioatie first above Ja~tttau. _ ~~~ ~~~ ~OTwR} ! • > ~ N lie _* P BLDG ~ „ at ~Oi3~ . y i~ '~ J.. ~, ~or.•• mmi~ioa Bxpires: '~.. I4N W1TNE88 WHEREOF, Holder tsa: exees~ed tbb Noto as of the day and year best above wrltben. HOLDER: CrtyofM ' ~o By: T e Ward, Mayor 16lnavrri~r 1Virrr .~```````1`` Attost: ,,•~ day 1 I r` +~ v+•7 .t+ vas+w i7~ Tom{. `~~ waives, to the fullest exba~nt pa~mitted by law, say claim to assert that the law of any jtnisdictioa other thin the state of Idaho gpvetaa this Note and the I.osn Doaumar~. ?'. Captlosa. The captiana set forth at tho beginaio~g of the various para~phs of this Note are for convemiance only and dull not ba used to inlet or oonatrme the provisions of this Nola, 8. 8avlags Chase. If any clauses or provisioa~s harem oo~sined operate ar would prospectively operate to hxvalidate this Note, then such atauaes or provisions only dull be held for naught, as thoagh sot herein mod and the remaiadea~ of this Note stall rmnain opsative sad in toll Earns and e$bct. IN W11T1E88 WHEREOF, Promisor Las aueobed tLis Note ar et tLe day sad year ~ above wrltbea. P'ROIVIISOR Meridian Folios 'vitiea Ina y: T ,Commissions 3TATB OF IDAHO ) )~ Co~mty of ADA I HffitBBY CffiLTIF'Y that an this ~ day of August, 2009, before ihue tmdersigned, a Notary Pablic in the State of Idaho, paaonally appeared TOM ROY, lmowa to ma do be the porsoa who awaited the said instrt®eat, sad aclmowlodged to me that he eacecubed the same. IN WTTNBSS WI~itBOF, I have hareimtio set my band and a~ceci my official seal, the day and~~~r, ~ . ~ ,~ ~~T~+p1 Fsblic Idaho ~... ` a : at Iss --~----- rp AUB LiG s y Cep +a: ~d ara// ~'T .. Q,O ~U~tDt' IN WHE>tEOF, Holds Las erocabed tLb Nobs as of the day sad year first abmro wrMbea. HOLDER: `,`,``~~~~i~Hnnub~~i~~','i City of Mal ' Attest ``~~.~,~~t ~ tM ~,,~~~~ V ~p s . _ By: T ~ ayoee bean, Ci~r Q B~L ,~ A/oaNms ~~~'~,~Q_~T ~~ ~ ~~2oP~ Qr~,~,~,~ ~~. ~Y ~Y aP'Pg to the Real Properly, & a-ithout lm~on, atl ~'+ title and inteaoat of the Proaanieor is any afioa~-acxluvred right, title, infest. rema~ar or ravaaiat4 in and m the beds of any ways, streets, sumacs, roads, allays, pa®agea and public P~+ ~ ~ proposed, in $+oot of; runninS . acyoitaing or adjacent tiu the Real Pi+oparty, aU minerals, royalties, gas rights, watch water rights, wata~ shock, flowed slarabs, lawn plaata, ~• ti+aes, timber and other a~mblerncate now or hemat3a located on, under, or aboua alt or any part of the deal Y (~ µAPP~'~. 1.1A Condamaatien Awards. Any and alt awanis, paymaota or settla~, including int~et thcaraosa, sad the right to receive the same, as a result of (aj the exercise of the right of eminent domain, (b) the atter~eon of the grade of say street, sad (cj eery other injury. damage or casualty to, taking o~ or dax~ease in the vahaa ot; the Property, to the eactent of all amo~mts that maybe aecus+ed by this Mortgage and Secanitl- Agreement at rho dato of any arch award or payment, iachtding but not tiadted to Reasonable Atbocatieye' Foes (as defined below), ~0. and diabunemeab itacaan+od by Holder in comrection with the collection of such aarard or ~~ _ 1.2 Secured Oibtlptlose. This Mortgage and 3eaiirity and the grants. aean,grm~s and tra»stbts made herein are given for the ptttpoeo of samring all of the following, in such oa+der of priority as Holder may deroermine in its sole discretion (the "Berated Obtigations~: 1.2.1 The payment of the indebtedtwee evidenced by the Note in Lawful money of the United 3taboa of Ameaica to ~ enchant aufbwrizod by the Note oar tha other IAan Doaamaats. 1.2.2 The perSarmance of alt other obligations of ProrYaisor ha+eia. 1.2.3 Thu por6o~cx of each obligeticn of Prornisar in rho Loaa Dowmeata is addition to the psymart of the Note. 1.2.E Tim perBo<mance of eeah vbliga~tion im the Loen Dooomm~s of any person guataatbeaing the payment of the Note or any portion thereof or parformenoe by Promisor of eery taws of this Mortgage sued Seaaity Agreamaat, if any. 1.2.5 Tine perforrnancx of each obligation of Promisor sad any gaermswr is any renaw-al, enctaoeioA modificatiaaa, consolidation, change, won, toplaoemesrt for. twat or ita,cnaee of all or any part of the Note, this Maxtgage and Sea>rity Agreemoat err the otirec Loan Documeans. Z. promisor Cevesaaeb. Promisor covcnenta and agitics as follower: 2.1 Paymcat of Notes Promisor shall pay the Note in aocotdaaoe with the farms of file Note, and shaIl pro®ptly and plmctnallY 1mY P ~ the toomoa of the Noce. this Mortgage and Seaarity Agre~t, and ell other dooum~emts sad ev<eouted is oor>meoticn with the indas evidenced by the Note aa~ secured by Chia Mottgagge and Security Agroemaut (ham collectively t+a~tt+od to ere the "Coen Doanneots"). If and whoa the Property err eery gottion thereof is sold, ilatough fiarocloau% enninent daraain, or otherwise, whethor each sale is ,yp~~p~,pyp~~•,~ PAO82 OP 12 vohmtaty or invohmtary, prior to the t+eooipt by Holder of payment of the Note, Bolder shall have the right, whedxx err not a deuficieacy jndgunent on tiro Note shall harm been soaght, rooovtrod or denied, bo receive the award or payment, or a portion thereof sufficient bo pay the Segued Obligations. ?-.Z Perfornolsnce of Otbcr Obligatlons. Promisor shall perform, comply with, and abide by each and every one of the oovaimrts, egreemanoCs and oomd~itions coostained and set £octir is the Notre, this MaArtgage and Security Agneemeost, and thv otheo* Loan Doauuuents and shall oo3nply with all laws, ordinances, rates, r~ulatioas and orders of saS- govol arrthoritios ~g ikon over tyre Propeaty ~ now or hm+eaftor area the Property err requnna any elbomtions or improvanenta to be mach theroan, and shall pertioorm all of its obligatig®s under any covawtt, oonditiory resaiction or agoroemont of record tl~ Prropeaty and shall inaoun that at all limas the Property comatitutes one or more legal lots capable of being conveyed without violation of any subdivision or plattuo~g lecvvs, ordinanoos, sales or t+egorlations, or other laws ralatiag ~ the division err separation of roes propatty. 1.3 Compltaaee whit L~n-s. Promaisor shall observe, abide by, and comply with all stag, orditr~mces, tears, ordets, regnirantanta or dectnes relating bo the Property enacted, Ptomulgatied err issued by any federal, state„ ooumy or local governmenotat a~trority or anY agency err subdivision thotnof having jurisdiction over Promisor err the Pc+opecty. Promisor shall observer and comply with atl conditions and regnirame~s trecassagr to ps+esava and extend airy and all rights. licenses, permits, privileges, fra~hises and oooo~ons thaat are or became applicable bo tl~ Property or that have been gtaated to or conttucbed for by Proooatisoor in cansrec~icn with any existing, preserctiy oomtasnplabed or Eaters use of tiro Property. Z.4 Preservrrtlon ar<d Malrrsmaoce of Pr+ope~j-. Promisar shall beep all lmprovaments now existing yr hat+eaiber eorected on the Reat Property in good carder and t+epair and shall not do or permit any waste, impaitmant or deteriorstioa thereof err thw~oon, nor alter, remove, or deawlish airy of the Improvaasantie ovithoirt the prior written consent of Holder. Prornisar shall not do or permit any act wheroby the Property shall became less vahrable, be used far proposes contrary to applicable law, nor be need is any manner that will ina~aeso the prwnium foar or result in a termination or c~rcollatian of tho ineuraace polioios hereina~oc required to be leapt sari maurtained a~n the Property. Z.s l~rrdena waste. z.s.x Promisor st all limos shau beep the Property sad ground weber of the Pm~perty $oe of Hazardow Materials as daatinod below. Pt+orniaor shall trot and shall not ]mawinglY permit ib bonfmts or aqy tltird party requiring the consent of Promisor bo saber ffie Property, bo use. g~merate, ~ treat, sbocre~ raisers, threaten release„ or of Hazardo~ Materials in, on, or about the Propevty a< tits ground water of the Properly in viohrticn of any faleral, regional, state, err local law. decision, ~tut0. rate, ordinance or regulation ciureatiy in e~bmce or i>Iardnaiar enacted or rendarcd (collectively the "Aaza<+doos Warta haws"). Promisor shall give Holder prompt written notion of auy claim by say persotr, enuFity, or ~ agamcy that a slgnificatnt redness or disposal of Hazardous Materials Iran occtacred in, on, or wrier the Property is senor: of legal limit. Pt+omiaor. st ib cost, shall promptly and thoroughly iaveatigabe auspecbed Hazardous Materials c~annination of the Property. Promisor Jlfaurnmtas~Ssuutn7'~tGytea~vsM' P~3 0~ 1Z shell forthwith remove, rte, clean up, and/or dat+oxiFy any Haaacd~oua Materials found an tlw Property or in the ground water of the Property if such adians are required by Hazatdous Waste 1'rawa, and whether or not Promisor was reeponer'ble for the a~ciatenee of the Hazerdo~us Matieliala in, on or about the Property err the ground watrr of the Property. Hazardous Materials shall include but not be limited to snbsbmces definotl as "hazat+do~u ." +dous matieriais," or "toxic snbdt~xs" in The C+om~hansive Baviroamerrtal Response, ~ and liability Act of 1980, as amended, by the 3upafimd Ameadmeatis and Reauthorization Ad of 1986, The Hazrnrdone Matieriats Tranepo~aiion Ant of 1994. The Resource C'onsacvatian and Recovery Act of 1976, es amended by The Used Oils Recy~cHng Act of 1980, The Solid Waste Disposal Ad monendmeat of 1984, The Toxic 3ubstanoes Control Act, The Clain Air Ad, The Clean Wete+r Act, Idaho Bavrronmee4al Protieetion and Health Ald (Idaho Code ~~ 39-101 ~ 39-130j, Idaho Radiation and Nuclear Matierial Ad (Idala Code ~~ 39-3001 m 39-3030), Idaho Water Quality Act (ldaiw Code ~~ 39-3601 to 39-3639), ldalw Hazardous Wastie Maru'gune~ot Act (Idaho Gods ~ 39-4401 to 39~432~ Idaho Hazec+doue 3ol~rce 13me~awy Response Ad (Idaho Code ~~ 3~7t01 m 39-7115, Idaho Petxaleam Clean Water Taut Fund Act (Idaho Code ~~ 41-4901 m 41-4948 ldalro Land Reclamation Ad (Idaho Code §~ 39-7201 to 39-7210), Idaho Solid Waste Facilities Act (Idaho Colo ~~ 39-?401 do 39-7420), Idaho Sale and Disposal of Batteries Ad (Idaho Code ~~ 39-7001 to 39 7004), Idaho PGB Waste Disposal Ad {Idaho Code ~§ 39-6201 tiD 39-6216) or in engr other Hazardous Waste I~w. In addition, Pro~mism shalt not put any imdrrground sbocage tanb on the Real Property. 2.Sr2 Proeuisor shall ind~ify Holder and hold Holdec hemoless fi~oam and against any end all losses, liabilities, damages, in~trries, costa, expenses and claims of say and every land. whatsoever paid, incurred or suffierad by, or asaacfed s,gainat Holder for, with reaped to, or m a direct or indired result o$ the presoace m, an, ar under, err the escape, aeepagq, . ~8e- 0. , ~ rateaso ~ ~ Y of any Hazardous Materials (mcludin$, without limitation, any 1ossas, liabilities, dernegees, injuries, costa, axpaases ov claims assatied or arising under any Hazardous Waste Laws), rogmdless of the source of origination sad whether or not caused by, or within the control o~ Prcniieor. 3.6 A~ecxesB~llKy. Promisor at all times shall maintain fire Property in Srli eomapliance with ail eocistimg and hereatbr< anaeted federal, state, eouaty. regional or local laws, ordinances, rnlas and r+~ulatiesrs g9overaing ac;veees'bility for the disabled, inaludiag bnt not limited do The Art~itiochual Baaiacs Ad of 1968, The Rehabilitation Act of 1973, The Fair Rowing Ant of 1988, and The Ameaicana wi@t Disabi'litlee Ad (the "Accaser'bilitY La~ws'~. Promisor shall indemnii~- Holder and bold Holder hanmlees from sad against any and all loves. liabilities, damages, injmiee, coed, aacpenses and claims of say sad ~very)dad whatsoever paid, brcarrod or saffered by, or aeeatied against Holder for, with reaped tie, or ere a da+eat or induroct result of, the noon-compliance of the Property wiffi the Aaooesi'bility Laves what]ror or not tweed by, or within the cant:ol of, Promisor. 2.7 Pagrmeut of Teeres, Assessmeeh surd Other C6srr$es. 3.7.1 Pro~nisoa~ shall pay all taxes, ateossmwtts, and odtar charg~ee • that are or may be hereaftee levied or assessed upan or ag~nst the Property, when the same shall become due and payable acoosdhwg to law, befos~e dre same bocosrte delinquent, and beI'one any or paoalty shall attach the:+etio. Promisor shall deliver official receipts eNidendng the paymart of JtgltllfitGie.WDS6iLTgtl7Z'iIGe~VI PAOg4 OF 1Z tho samo to Holdear not >ater than thirty {30) days following Payment. Promisor shall have the right to contest, in good ~, the ProPoaod asaessonmt of ad valorem taxes ar ~eciel assessments by govarnm~ntal authorTtios having jiuisdi~on ova the Property, provided, however, Promisor sha11 givo writban noticx thereof m Holder sad Holder may, is its sole discretion, roquire Promisor to post a bond or other ooliaterel satidaatoa;y to Holder in ooancction with any such action by Promisee;. 2.7.2 Promisor represents sod waasnts to Holder that Pramisar has filed all federal, stain, ~Y, ~~P~ ~ ~Y inoo~me and o~uar tax retuw roquir+ed to have been f led by it sad have paid all taxes sad rclabed liabilities which have become due pursuant to loch ralruns or pmsusnt to any assessments i+ecadvod by it. Promisor does not ;mow of any basis for any additional aeseesment in respect of say each tsures and related liabilitios ~r polar years. Z.s Paymesst of Idau, Cha:gn a>ad 1~awasbraoes. Pror,oiaar shall immediaaely pay and diachar8e fi+nm tame to time when the emus shaIl become due sU lsnvthi claims and, deauanda of madsanica, aaatetriahnen, laborers sad others that, if unpaid, might r+ewlt in, a Permit the creation o~ a lieq charge or eactma<branee upon the Property or any part tho9roo~ aaxUor to do ar csuuse ~ be doao every~4g necessary sD ~ the lion of this Mortgage sad Socurity Agreamesut shall be fishy preserved, at the cost of Proadsor, without earpanse m Holder. 2.9 Payment of Mortgage Tames. Prnsnisor shall pay any and all teas that maybe levied ar asaemed directly ar indirootly upon the Note and/or this Mortgsg~e and Socurity Agreement a the debt seciu~od hereby, wi~out regard to any law that may be enacted imposing payment of the whole or anypart ffieroof upon Holder, its snoveasoa;s or aseugas. Z.10 Insaraace. 2.10.1 Promisoar shall obtain and maintain, ear aa>ae to be mom, instuance far Piornisor and the Property providing eat least Haas hollowing oovecages: (s) Properly Yasaraaaca If and/or when applicable, iastuance with respoct to tho Improvanearta and building ognipmenf ;sassing agaumst any pacil is sa e~unoaml ogee] to amouuaas sd all Limos egffi~cieaal to prevent Holder from beoomiag a eaiaeurer within the tames of the aisplicabb policies and n®der applicable isw, but is say event ~ insmmsoo shall be msunt~rued in an equal to the fill] insurable valve of the Im~ovemoat: and building equipment on tbre Pmperty. The form "full insurable vsahr~' mesas the actaal replacemaat cost of the Improvanronts sad bvildinB equipment (withotrt taking iab~ aooouat any depreciation, send exclusive of eoccavatioons, footings aaud fouadatioa8, Iag, end paving) debemsined annually by an insauer, a reoogtt>med indepandeat inestrarrce ba:oker, or sin indt appraises: The Policy shall provide their (~ all proceeds be payablo to Bolder as set £or9= in this Mortgage sad Saaarity Agreement and shall oontaia a tteadard "noaory mortgsagied' eodcra~ment ar its oquivalerrt ralathsg, a~ ells, to rocavery by Holder aotwithtdsasdiag the aegligant or willRil sects or omission of Pmrnisor; and Cud a pravisian that each policy shall oat be oaaeeled or bermirsated, ear shall it expire, without at least ffiiriY (34) days' Prior written notice to Holder. (b) IUsabilHy >t~asrseoe. Deneral liability i~ausaoe, ~Y injury, death and praparty damage ];,ability nosursaee, against any and all claims, inclading all lilat~tar.aVDSactnern'~tGateBalan' PMS 5 OF 12 legal liability to the axbent u-a~u~sble and imposed upon Holder and all court voats and attorneys' fees and aocperures, arising out of or connec~ad with the pasee~on, use, leasing, operation, msi~srce ~ c~nditwn of the Property in ench amounts as aro generally available at canmia+cially reasonable premiums and are gerrerally roquiral by oml Holders for 'd comparable bo the Piq~erty but is no event for a combined single kimit of less than 'The Policy shall name Holder as an additional named insmred and shall oonteia a provialoa ~ such policy shall not be oaaoaled or bernodaabod, nor shall it eogair+e„ without at least thirty (30) days' pricer written notice to Holder. 2.10.2 Promisor shall Damply with all irmua®ce regarirasnerrts and shall not bring or keep or permit tQ be brought or kept any article upon say of the Property or cause or permit any condition bo aari$t thareoa ~ would be pmin'bited by an insmnnce requirement, or would imralidabe the insatffiace covaca$e regarir+ed hereunder to be maintained by Pranisor on or with bo ~Y 1~ of the Property pnisuant tD this Section. x.10.3 If the Property shall bo damaged err destroyed, in whole ~ in pant, by 8re or other casualty, Promisor shall give prompt notice of such damage to Holder and Promisor shall proaaop@y oommeace sad diligeaotly prosecute the conrpletioa of the repair and nstoratioa of the properly as nearly as poaar'ble bo the oo~aditioa the Property was in irrmnediamety prior m such 5re a other casualty. 2.10A The i~usaco coverage required ha+eunder may be effiected midar a bladret policy or policies oover3gg the Property and other properties and assets not constituting a part of the severity h~eromidec, provided that any such blmaket policy shall spcciifir, meoept in the case of public liability insauamce, lire portion of the tiotal coverage of such policy that is allocated to ffie Property, and any snblimit is such bleaker policy applicable bo the Propa~ty, and shall in any case comply in all other respects with the requirements of this $eation. 2.10.5 Pronnisor waives any acrd all right tiD claim or ra;over against Holder', its officers, employees, agents and mpresenta<iveati by way of snbrogatioa or otherwise, for any lose auataincd by Promiacr, or any loss err damage t4 the Property, Proamisor's property err rho property of otlraa under Proao<risor'a ooeco+ol fl+om any cause insured again oar r+equined to be imn+od against by the provisioos of this Mortgage and saauity Agroematt. 2.11 C,ondenmaAtfou. Promisor shall promptly give Holder notion of the actual or ttueeatened cemnmeocanerrt of any condemnation or aarinaot domain proceodiag and shall deliver to Holder copies of say and all papers aervod in connection velar such proceedings. Holder may partldpabe in say each ~ to the oxbent permitted by law. Promisor shalt, at its ~I~. Y P say each proceedin®s, acrd shad carsnlt with Holder, ib etton®eys and aspects„ sad cooperate wi~r them is the carrying on or defame of say such proceedings. Notwlthetaading saY ~S by ~Y )~~ or ~ fi~~ - domain or otherwise (iaoluding but not limited bo say firansfar made in flea of err in amieipatien of the exercise of sack taking), Promisor shalt pay the Secured Obligations in the manner provided fpr its payment in the Nobs and in pia Mortgage and Secm~r Agneemart. 2.12 Bsambsaotiosi of Ih+odsor's Records said Pnenasas. Jllae~os,a~-DSac~ne-rr~taksa+~vr' P~ 6 OR 12 Z.1Z.1 Promisor shall maintain complete and acute hocks and ceoords >hoa-mg in detail tore income and eocpan~s of tiro Property, and ahtdl permit Holder and its representatives to eacamiae such books and recoc+ds sad all serppo~ing voucl~ra and data during normal business hours and from time to time upon request by Holder, in such place as such hooka sad records are customaan7y kept. Upon the occurrence of an 13vant of Deot3wlt, Holder shalt have the right to tnquiro that the $nancial statiomeats bo audited and certified by a oatified public ecootmtamt acceptable fA Holder, at tho solo cost and acpease of Pmmisoc. 2.iZ.Z Hokkx, and/or its agents, shall have the right and shall ba permitted, but shall not be required, at all reasonable tia4ea, do eater upon and inspect the Property to iasare compliance with the oov, ate, and conditiaous set forth i:r this Marigage and Savrity ~ 3. Wairraaty of TYtle. Prcaoisor repraseats and wanraats to Holder that Promisor has flood title to the Property and has the riglrt to mortgage, Brant, bargain, sell, pledge, assign, warr:mR, tcaoefer mid convey the samo and that Promisor possesses a fee simple absohrbe estate in the Real property and that it owns the Property free and clear of all liens, eoonmbranoes and charges whatsoever axcopt for two priarr mortgages acrd real property Csxes for years aubsequeat do 2008, which are mot yet due and payable {the `Termitted Bxcept~ne"). Promisor shall forever warr+mt, defend and pcesoive the title and the validity and priority of the lies of this Mortgage and Saauity Agreement and shall forever warrant and dofeod the same to Holder against the claims of all persons who®eoeva: 4r lthtrtbec l~mbryruce Pr~ibibed. Promisor shall not, without the prior waboen oonsont of Hold mortgage, gcantf; bargain, ~, Pl~- aesiga, or ~herwise transfer the Property or say gait thereof a permit flu Property or any part tharoof to bo mortga®ed, graotied, bargained, emcu®bered, pledgod, assigned, or otherwise transferrod. S. Delsnlt The occunecroe of any one or mare of the following events shall constitute as 'Evart of Default": 5.1 Faihrro to malre say paymart of tho entire amount of the Sewrod t~li~icars in acoordamce with rho forms of the Note, this Mortgage and 3ocurity Agt+eemetrt, and all other Loan Docume~. S.Z if mry station or waaamty of P=or:tisor, or say member, genaal pattauer, pricra~pat ar bemeficisl corner of any of the fbrog~oln& made herein, ar in any other Loan Docameat, or is mry guaranty, err is any cerfi$icate, reporf; financial or arthar insert ar document m Holder shall have boar false ar misloading is any mabacial s.3 If (i) Promisor or any f3uaremtor aha11 commreace any case, procoodicrg or otirar action (A) under any eocisting ar firttue law of auy joriadidion, domestic ar foreugo, cdatictg to benkrnptcy, insohroncy, roorganization, oonsarvatorahip cr relief of debtors, seelong bo have an order far relief entered with respect to it, ar aeeldng do adjudicate it a banhvpt or insolvent, or seeking reorgsaization, ad.) wiadiug"uP. li~°~o~ ~BO~On~ oompositioon ar other x+elief wish respect to it or its debts, or (B} sedcing ~ of a A[ou:rotas,waSsc~~lv~ts~vr P~ 7 of 12 receiver, trustee, casbodia~a, ooaset~vator or aRher siudlar offiaiat for it or fret alt or say wbsbntial part of its assets, ~ the Proraiaor or any t:luarantor shall make a general went for the bene5t of its creditioas; err (u7 thorn shall be ooznmancod against Promisor or any t3usanntar any Dees„ proceeding or other action of a nature roferrod to is clause (i) abovo which (A) resrilts in the eratiy of as order frnr relief or any such adjudication or appoiahamrt ox (B) remains ~mdismiased, ~mdiacharged or unbonded for a period of sixty (60) days; or (lei) thexe shall be commeauxd against the Promisor or any Cluaraabor miy casg proceeding err other action cooking issoance of a warrant of edtachmea~t, eocecution, disttai~ or similar prod against all or say aubagmtiat part of its aesab which rex+olts is the eadry of any order for any such relief which shall not leave been vacated, discharged, or stayed err bonded pendna~g appeal within sixty (6(n days from the esnry thea+ooiy or (iv) the Promisor or airy Quaoraator shall taloe arty aotioa- is fiuthaa~oovo oi; or iadioatiag ib coaseat to, approval o~ or aataiescase is any of me ace set forth is clause (i), (n~, or (ii~~ above or (v) the Promisors or any tlasrar~or shalt generally sot, cr shall ba unable to, or shall admit in writing its inability to, pay its debts as they booo®o due. 5.4 Bxcept foz the ~pexafic de~ults set forth in this Sex~ioa, any other default Hadar any Loan Document by Pr+omaieor, which default is sot tamed within thirty (30) days after wdtton notice fl+om Holder to Promisor; provided taut if each de~uh canrLOt rexusanably be cured within such flatly (30) day poiod and Promisor shalt have ~eaoed to ours suoh default within such ~Y C30) ~Y period sad thereaiber dzhgentlY and racpeditioaaly psoceoda 1b cxuo the acme, such ~Y C3~ ~Y p~~ shall be eoctended ~ so long as it shall require Promisor in the eeroroise of dne diliganoe to Dore auoh default, it being agmeed that no such aacteasion shall be floc a period in ecooess of ninety (90) days, useless, only in the case of cores that =e;gtaro co~nalrudioa or remedial woslc, each cure catmot with diligenoe be oowpleted within smch ninaiy (90) day period, in which teen such period shall be eoctaodod for an additional ninety (90) days. 6. Righb and Remedka. 6.1 Rmedbs. Upon the ocoe of say Bveat of Default, Holds may take such actic®, without notioe ar demead, a8 it deems advisable to protest and enfiomee eta rights against Promisor sad in and to the Property, including, but not lismited to the following actio~as, each of which may, to true eocteat paasatted by applioable taw, bo pussaed caeamrrerrtly or otherwise, at such limo and is arch order as Holder may detotmme, in its sole discretion, anthout impairing of othetwise e~ec~ing the Debar rights sad remedies of Holds 6.1.1 Doclaro tho eariiro unpaid Sectored t>bligatiaas b be ~y due and 1~~ 6.i.Z Instit~e peooeedings, judicial or otlu~wise, far the complete foreclo~ae of this 1-~ortgage under ~Y applicable proviaioa of law in which case this Property or any inbs+est thesis may be sold for cash or upon credit is one or mos+e parods err is several intier+es6s err paclioaa and in say order or manner. 6.1.3 Institute an nation, suit err pmoooeding in equity far the spoaific ~ of any covenant, condition or agreex~neat ooatrined heanin, is the Noto or in the otlur Loan Docamoe~. ' ~(p~pg,WpA PAae 80F 12 6.1A Apply 8rnr tho appointmerrt of s reoaivar, trustee, liquidator or conaervatoer of the Property, without notice and wi$aat regard for the adoquacy of the seanrlty ~r ~ Seotrred ~ligations and without regard foot the rolveacy of Promisor or of as}- peeson, fine err other entity liable her the payment of the Secured Oblig~ticns. 6.1.5 Subject to say applicable law, Holder may eater irnto or upon the Property, eitluer peeraonaily or by iffi aSonta, nominees or attorneys and Promisor and its agCnts and een-aata , without liability for tirespaeis, clsmsages or otherwise and escalade Promisor and its sgmrta err servants wbuolly thaa+afi+om, and Promisor agmes to swcrender possesesan of flue Property bo Haider upon demand, sad t>u~upoa Holder may (i) use, operate, manage, wurtr+ol, insure, mai~ain, repair, restore sad otherwise deal with all and ~Y part of the property; (a'} apply the rnoeipts $om titre Property do the payment of the Secured t~bligations aflxr doducting thereErora all eacpanses (including Reasonable Attorneys' Fees) roamed is c~mrection with the aforoeaid operations and all amouata n~ocsasadry to pay the Tastes, Other Charges, insmaace and other ascpenses in oonaedion with the Pcopaty. as we11 as jest sad reasonable corttpensation for the servicos ofHolder, its cousurel, aReats sad mnployees. 61.6 Parsue such other remedies as Balderr may have usadear applicable law. Notwithst+mdiag the provisions of this Sectiaa m tine contrary, if any Sveut of Default shall color, the entire anpedd waned Obligatiaus aha11 be a~lty due and payable, without any iiather notice, demand or other adios by Holder. 6.Z liigYt to Care Detaatb. Upot- the oocummce of any Sveat of Default, Ho1dar may, but without any obhgatian do do ao and without notice m or demmnd on Presniaor sad without releasing Promisor &csn say obligation lrereuadar, cure the acme in such manner axed to such esrbecut as Bolder mry demo necessaty to probed the eeteuity hano£ Holder is awed to amber upon the Pmpecty fcr such parposes, or appear m. defend, or bring any action err proceeding to protect its interest is the Property or to fosroclose aria Mortgage sad Security Agiroament or collect ffie Secured ObHgatioru, sad tho cost sari ascpense thereof (mclading Remonable Attorneys' Fees to dre extent permitted by Iaw) shall constituUo a pcartion of the 3ecurod Obligations and shall be doe sad psyabla do liokler upon demand. AD such costa and eacpeases imcmred by Holder in xomodying each l3vmt of De~ult ~ in appearing in, daog, or brin~iag say such action or proceeding shall bear iatereat at the statntocy rate for the period atla?r notice fl+om Holds that sack comet err eocpeoaee was intoned to the date of paymmt to Balder. All ouch costs iced elcpeoees ingazed by Holder together with intaeat t]ueeroon oelcalated at the statutiory rate shall be deerned m constitute a portion of the Sawred Obligations sad dre secured by this Mortgage sad Security Agi~eeenent sad the other Loan Dock and shall be iannediabely doe and payable upon danaad by Holder therefor. 63 Otbar Rlghb. 63.1 The failuro of Holder b insist upon strict per>iormeaoe of say team h~oteof shall not be deemed to bo a waiver of say temp of this Mortgage and 3eomdty Agreement. Promisor shall oat be relieved of Promisor's obligations heteaader by reason of (i) tiro >~ of Iialdec to comply wide any request of Pe+maisar to take any a+dica do foroclose this Mcctgage and Soauity Agreement or otherwise eae8ooce any of the provisions lroreof err of the Note or the other d~aex~rOaArrvSewaetrr~lGUtas~vl' P~ubB9or 12 maaateined by the U S. Foetal Servix end seat by registered or certified mail, poetaee pmopaid, redua recedpt requested, addtaseed as follows: If to Promisor: Meridian Polioo Activities Loague, Inc. Attn: Caa~maeionu 250 N. Baltic Flax, Suite A Meridian, ID 83642 If to Holds: City of Meridian Attn: City Attorney 33 B.14daho Avenue Meridian, ID 8364,2 13i~ party by notice m the other may dosigoate additional car difim+as~t addressee £or wbeequeat notixe or comm. 10. Governing Yatw-. This Mortgage mad Soctairy Agc+emnant is m be govmcned by and ooastrtud in acoordexroe with tho laws of the state of Xdaho and, if ooutrolliu,~ by the lawn of the United States sad shall ba biztdi~og t~ Promisor, its hears, peaaoaal repr~tatives, atx~ora mad aesigas and shall imts+a to the benefit of Holdex, its eaccessarB and asaligas. All rights, powers sad remedies provided in this Mortgage sad Sa~ritsr ~gcxnaaatt may be e~rertaised Daly to the mcEeat that tho exerciso tha+oof does not violate atq- applicable provisiaas of law and are inteadod to be limitod to the extmu n+eceesmy so that they will not reades this Mcatgege end Security Agroaanetat invalid. unetoforvesble err nut aatitled do be rec:oadad, registered or filed tinder the provisions of say Applicable Law. 11. Terminology. The provisions heroof shall be binding ~ Promisor end the heirs, personal nptnseatatives, stucoesora and assi~s of Praadsor, sad eheII iaero to flee beae~t of Holder, its suoceasoru sad assigns. Where more thou sue Pro®isor is sensed herein, the obli~atioans sad lieb~tiea of said Pt+oanniecr shell be joint sad sevmel. Wheanetnmr need in this Mortgage and Security Agree~uamit, tmlese the ooatext clearly indicates a cona~- iabent or tmless otherwise specifically provided het tho word "Promisor" shall mean Promisor and/or say aubaegaent owner or ouvnera of the Property, the word aHoltler" shall atesa Helder or say sabeequent holder or holders of this Moitgag~o and Seatuity Agreement, the word "Note" shall mesa the Note secured by this Moa~tgage and Seeudty Agroemeat, sad the word "person" shall mean an individual. 6wtoey trust, ooaporation, pectrya~ship or uairroorporated assodatix. A,s nand herein, the Pax "Reasonable Attornoys' Feed' shall mesa foes charged by etboraeys selected by Holder based upota each atto~eys' thou prevm'liag hourly rates as opposed m say statutory presumption ~ecified by say statrta then in efiiect in the State of Idalw. iZ. Iuappiicebk lrovlsiomi. If say term of this Martgege or say applioetian thereof shall ba im+alid or naenforx~la, the remainder of this Morpga®e and any albs applicsticn of the lama shall not ba affiecbed thoroby. 13. ModilEardons. This Morf$age and Seotaity Agreettaeat csnaot be changed, alterted~ amended or modified exoopt by en agreemaat in writing mad in racar+dable form, executed by both Promisor snd Holder. ItfOdt7lGAt,'tBAAIDS6CWtlr!'ilCR6BdI8tV!' PAi08110P ZZ 14. Captiow. The captions sd i at dye begin~ng of the various sections of due Mortgage and Soatrity Agr+eenyayt are for comroryiatoe only sect shall not be used to ioCbeyprOt or construe die provisions of dus btortgage aryd Security Acct. I5. Entire Agreeaaaet. The Noto, this Mortgage and Secocity A and the other Loan Doamaaats Coate tlys attire uaderatanding and agreement bet!weea Prozni9or and Holder with respect to the traasectiora arising in boa with the Setauod Obligations and superaedc all prior writtay or oral undandandin$s sect agroern~is botweea Promisor sad Holder with nepect thereto. IN WITNESS WHEREOF, Promisor has e~ntod tltL Mortgage and Secnrlfy Amt u oft doe day sad year Brat wrlttea above PROMISOR Meridian Folios Activitlea League, Inc. T~ ' STATB OF IDAHO ) as: CoimtyofADA ) I HB1tB'BY CERTIFY drat on this ~ day of Anguet, 20Q$, be~fior+e the uadereigned, a Notary Poblic is the Stets of Idaho, porsoaally appoarod TOM ROY, known to one to bo the person who executed the saidmstnunent, and acknowledged to me drat he aocecnted the same. IN WITNB33 WHEREOF, I have hecamnto set my hand and atflxod my official seal, dye day and ~1C ar~`~ srgt above - • ~ ti 4oT~Rr ~ lic €or Idaho ~•~ * at "Rsls~ .Idaho } ~ B LSG ~ Expa+ea: ~ ~ O ' .IN WITN$`t~~~ REOF, Holder hu sa~ecuted t1tN Mort~e and Seeurity Agt~emeeyt u of the ~iq+ and year ttret written above.~~ ........ _ ~yLoDER. Atbost: ~ ```~~~•~`,Rr ~ _,~~~~'~~~~~''', s _; Hy: Tam t+d~ Mayor ayoeo City(:! $~L - ~~ ,~~ Moadtcts.vmSmcutm'~ltstas~vr PNOe iZ of 12 Err A: DESCRIPTION OF REAL PROPERTY 11[OR7YiAQBM-D SscuRnrAvasaaraivr BXE~1T A !~ ~ Sit 049 Il 12 1 gam; Date ofPolicy: ~L.l~i®81i~. Pl~iaim.Al~ 291486 7.8213309 March 3, 2008 at 7:30:00 110.000.00 5200.00 AM Old Repnbiic Nntionat Title Ynanronce Company L~TIGATiON GUARANTEE SCI~DULE A 1. Nsme oaf Assured: Meridisa PoL'ce Adivioi~ Leaguer Inc. 2. Title to acid eataae or nitanst at the date hereof is vested ia: Meridian Policx Activitios League, ]inc. 3. The estate m irderest in the lead described or re~rred to ooverod by this Ciuarsr~oe ia: Fee Simple 4. The lead ~eliernd to in this Guarantee is aitasted is the Stan of Idslw, County ogAds and is described as follows: (I) 88E ATTACHED B,XHIHIT A Sc6eduie A pale i at 2 pa'e(s) Old Aepubtic NaNoaal Tide Insarance Company LITIGATIOI~t GUARANTEE 3CSI~DULE A EXH~3IT A (1) p p~ ~ )~ located in the Southeast quareet of Section 26, Township 2 North, 1 Beet, Boise Meridian, Ada Caurty, IdstbO, ~n8 mon ~~` described as foilowa: The South half ad± tlso Northeast quarter a~' the Swtheast quarter of Section 26, the Bari half of the ~ quarter of the Southasat gaartet a~f Seoticn 26, the Scutbeast quaver ol'the Southeart quarter of Section 26. Begi~miuwg at a brass cap mocking the Southeast aortwr of said Sectim 26, said brass cap described in CPdtF #103166014, Ada Cotmty Olyicial Records; .~~ ~g ibe Swth line of the Soudheast quscf~ar of Section 26, North 89°18'45" West, 1957.30 feet to the West line of the Bast half of the Southwest quarter of the Southeast quarter of Secticac 26; Thence aksag said West lim, North 00° 13'40" West, 1373.39 feet to the Nash line of said Bart half of the Sondnmst quarbr of the Soadtairt gaarte+r of Section 26; Thaosce along said North line, South 89°31' 14" Bast; 653.83 feet m the West lice of the South Ralf of the Nocth~art quarter of tha Southeast quarter, Thmoe akmg said West lice, North 00°09'57" Wert, 663.87 yat to the notl#t lino of said South half of the NartbeaR q+u+rtier of the Southmrt qusuter, Thonc;e slang said Nato ~ Satth 69°37'28" Bast, 1309.08 !abet to the Bast line of the Scutbatst quarter o! Soctiou 26, said'Bast lino befog the oenberline of S. Maple ~ro~ve Raad; Tbmce aioog the said East line and acid , Scutt 00°02'34" Bast, 1998.69 feet to the TRUB PO1NT OF ~NIIY(~. Schedub A page 2 d 2 psgge(s) MORTGAGE NOTE S3~g,000.pp Ada County, Idaho Aa~st ~ 2~ FOR VALUE RBCEIVBD, the undersigned Meridian Police Activities League, Inc., a nonprofit corpoxation organizod undea the laws of the State of Idaho, whose address ig ZSO N. Baltic Play, Spite A, Meridian, Idaho 83642 {hetraae~ar `~r+omiso~, prv to pay to tho order of the City of Meridian, a municipal corporation organized under the laws of the State of Idahq whose addross is 33 B. Idaho Avenue, Marldisq Idaho 83642 its sins and assigns {the'~iolder'~ the sum of Three Hundred and Twenty--Bight Thousand Dollars {x328,000.00), is lawtt~l money of the United Stator of America which shall be legal tender in payment of all debts at the time of such payment. The sum dne heceundor shall ~ payable at the offico of Holder at 33 Bast Idaho Avenue, Meridian, Idaho 83642, or at snch other place as Holder may liven time m time designate. Said principal shall be paid in the manner set forth below. 1. Iat~enat. No interest shall accrae on the unpaid balance of this Notes 2. Matarity. The undid balaaee of this Note, if trot paid, shall be doe sad payable in fiill upon sale of the Property as defined below by Promisor {the "Matwrity Date"). 3. Prepaymast. Promisor shall have the right bo prepay eU err any part of the obligation evidenced by this Note at anytime 4. A~litlonal Coeditiona. This Note is aoctn~ed by, sad subject bo the terms oi; a Mortgage and Security Agreama~# of even dabs heewiffi encambcring retain real property located in the County of Ada, State of Idaho and other property, as more particularly deacn'bed in fva Mortgage and Security Agroeraent (hereinafter `~coperty'~. This Note, the Mortgage and Security Agreement, and all other doamaanta and inatram~ta exec~rbod as e~-ideace o~ as additioatal aec~tiry foes', err eacecuted in connection wide the indebtedness evidenced by this Note are colloctivoly mfetrod bo as the "Loan Doc~rtts." S. Fe{!1 RecAar:e. The liability of Promisor with rospact bo payment hereunda~r shall be "Sill reooured" and, axordingly, Holder's source of satiaii+ation of said indebtedness and Promisor's other obligations har+ausiOr nerd under the other Loan Doaimemts shall not be limitod to the Property. Upon the MaZtaity Dabs, Holder mercy roelc bo procsn+e psymest for any deficieaey out of any other assets of Promisor, or any person or ontiry oonuprisimg Pro®isor, or bo sedc judgment for any soma which are or may be payable antler this Note or under any of the other Loan Doawaeabs. 6. Idaho Larw. This Note is made in the state of Idahc, which state the parties agme has a subsantial relationship m the parfi~ and bo the underlying br~maaaroa ambodiod hereby. Accordingly, in all reapocts, thin Note and the Loan DoamienOs and the obiigatio~as arising hm~mder and t>~ecennder shall be governed by, sad construed in accordance with, the laws of the stabo of Idaho applicable to oonhacts made sad perfoffied in sack estate and any applicable law of tiro Unitod. Stator of America. Bach parry tmutionally and i~arevocably AI!]1f714AfiRNlJ'!1e p~Ar+ 1 na7 waives, do the Sillest Meat permitted by law, any claim tD assert that the law of aay jurisdiction other than the state of Idaho govorns this Note and the Loan Doctnn~ts. 7. Capdoas. The captions set Earth at the beginning of tl~e various paragc~hs of this Note are fnr convenience only aad abatl not be used to ir~pret or oonstcue the provisions of this Note 8. Savings Chase. If say clauses or provisions he~in contained operafie err would prospoctively oparato to invalidate this Note, then such alausos or pa+ovisioas only shall be meld for naught, as thcn~gh root heeein contained and. the ranainder of this Note shall remain operative and in bill farce ~d effect. IN WITNESS WHB,ItEOF, Proadlor bas e:eeuted tbls Notre as of tLe dsy sad year >'lrst above ~rrittea. PROMISOR M lice Activities League, Inc. y: Tam 'oner STATB OF IDAHO ) ss: County of ADA ) I HFRBBX CBRTIFY That on this I'~ day of Augsat, 2008, before the uadetsig~nod, a Notary Public is the State of Idaho, personally appoared TbM ROY, ]mown to me to be the peseoan who o~cecuted the said instrument, and aclawwledged to aa3 that h~a eacecnted the same. IN WIi~tBOF, I have hereunto set my hand and affixed my off vial seal, the day and • cafe fQet above 'tt~ea. •~'ti l~~ ~OTAR} :* _ .> ~, ' N lie ' ,~ 1'UBL~G = at ~oi3~ J. , 40 on ~tpires: y ~o op -•., IN WITNESS WHEREOF, Holder ties earecated t6b Note as of tl~e day sad year first above written. HOLnER: ,,.~~ ~ ~, City of Attost: :~ ~ '~- ~. .rfP>1ce By: Ta a Weand, Mayor a City . SAL r s i7 Tom. .~ .,~ ~ ~~• ~JN'tY 11lno~ni~r 1Visnr ,'/,/,~~~-p---a~~ nN~~~~~~'i~n 9 nn 9 ADA COUNTY RECORDER J. DAViD NAUARRO AMOUNT .00 ' BOISE IDAHO 09/1liJ10 11:43 AM DEPUTY Vicki Allen RECORDED-REQUEST of III IIIIIIIIIIIIIililllllllllllllll III Meridian Ciry 110085946 RELEASE OF MORTGAGE AND SECURITY AGREEMENT KNOW ALL BY THESE PRESENTS that the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, does hereby certify and declare that a certain Mortgage and Security Agreement, bearing the date of August 14, 2008, made and executed by and between the City of Meridian and the Meridian Police Activities League, Inc., a nonprofit corporation organized under the laws of the State of Idaho, and recorded in the Office of the Reco~er, County of Ada, State of Idaho, on September 3, 2008, as Instrument No. 108099408, together with the Mortgage Note thereby secured, is hereby fully RELEASED. ,~ IN WITNESS WHEREOF, the undersigned does hereby set her hand and seal, this day of September, 2010. CITY OF MERIDIAN: Tammy de eerd Mayor Attest: y ~ ~~O ~, ~ e 8$AL CityECl ~~ ~$~o P ,. .,~ q ~o ,, ,--~ RELEASE OF MORTGAGE AND SECURITY AGREEMENT PAGE 1 OF 1 Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 4J ITEM TITLE: Water Main Easement for Larkspur Subdivision MEETING NOTES ~~""°-, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS q ^ 1(o Q "~ ~ 0 r~q w,c,~ -b Cti~e~reR~ Q,~ ~, MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 9/9/10 SUBJECT: Water Main Easement for Larkspur Subdivision I. RECOMMENDED ACTION A. Move to: Approve a Water Main Easement for the City of Meridian. This is to provide a temporary easement for water in a future right of way. The easement will cease to exist once the street is extended and becomes public right of way. It is necessary in order to supply adequate water supply and fire flow for this subdivision. Please refer to the attached drawing for further information. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Steve O'Brien, Development Analyst II Supervisor Approva _ Scott Steckline 489-0372 489-0362 489-0369 489-0371 Page 1 of 1 ' ADA COUNTY RECORDER J. DAIfID NAYARRO AMOUNT .00 7 BOISE IDAHO 09115!10 01:53 PM III IIIIIIIIIIIIIIIIIIillllllllll II III DEPl1TY Gail Garret! RECORDED-REQUEST OF 11008627 Meridian Ciily WATER MAIN EASEMENT THIS INDENTURE, made this 3rd day of September, 2010 between JLJ Enterprises, Inc., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe 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 construction, operation, maintenance, repair, replacement of a water main 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 water line and their allied facilities, together with their maintenance, additional connection thereto, 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, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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. 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 boundazies 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. Water Main Easement EASMT WTR.doc 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: JL nterprises, Inc. ' James Jewett It's Pr side 156 Carol St. ~` ddress STATE OF IDAHO ) ss County of Ada ) On this ,~_ day of S~~rc ~.ti~~1..' 2U1.i2, before me, the undersigned, a Notary Public in and for said State, personally appeared James L Jewett, known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. T NO ARY PUBLIC FOR IDAHO Residing at ~ c. Commission Expires; ~ I -~~1 ~1L, Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN \~„~~i~~~~iit~~ri~ Tammy de rd, Mayor `~~ ~~ ~poR,q ~~ q~' ~~=; ~ ~~' ~ SEAL Attest by ycee L. Holman, City Clerk = ~~, ~°4 Approved By City Council On: '- '~~i~~in,nnti~~~~~ STATE OF IDAHO ) ss County of Ada ) ~ On this ~~ day of~~~a(, 20 I c7 ,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. ••,.... . ,~•. .~p'TA • (~EAL} ~ • • • ~ . . ~ • • ~, • •....• N ARY PU I DAHO Residing at: ~G~,~vt Commission Expires: l n Water Main Easement EASMT WTR.doc P: (206) 396-8104 F: (208) 398-8105 207 W. MAIN ST, EMMETT, ID 83617 EXHIBIT A CITY OF MERIDIAN WATER MAIN EASEMENT DESCRIPTION Job # 10012, Larkspur 5ubdrvrsron No. 3 A portion of Lot 5 of Edmonds Subdrvrsron as shown rn Book 33, at Pages 2050 through 205 I ,Ada County Plat Records, within Government Lot 3 of Section 19. T.3N., R. I E., B.M., Crty of Meridian, Ada County, Idaho, more particularly described a5 follows: COMMENCING at a found aluminum cap (Corner Record Inst. No. 9 149706) marbng the W I /4 corner of card Section 19; Thence South 0°56'09" West corncrdent with the West Irne of card Government Lot 3, a d)Stance of 1330.58 feet to a found 518" rebar (no cap) marking the Southwest corner of card Government Lot 3; Thence South 89°59'01 "East corncrdent with the South Irne of said Government Lot 3 of Section 19, a distance of I 126.73 feet to a found 5/8" rebar/cap PLS 443 I marlung the southeast corner of Lot 6 of Edmonds Subdivision and of card Government Lot 3; Thence North 0°45'52" East, corncrdent w-th the East Irne of card Lots 5 and 6 of Edmonds Subdivision and card Government Lot 3, a distance of 5 14.00 feet to a Set 5/8" rebar/cap PLS 10782; Thence North 89° 14'08" West, I 14.00 feet to a set I/2" rebar/cap PLS 10782, and the POINT OF BEGINNING; Thence North 89° t 4'OS" West, 46.00 feet; ., ^,, 3 Thence South 00°45'52" West, 56.17 feet, to a 277.00 foot rad-us curve to the r-ght; Thence along sa-d curve, an arc length of 17.96 feet, through a central angle of 3°42'55", subtended by a chord wh-ch bears South 02°37'20" West, 17.96 feet; Thence South 04°28'47" West. 73. 15 feet, to a 322.80 foot rad-us curve to the left; Thence along sa-d curve, an arc length of 20.93 feet, through a central angle of 3°42'55", subtended by a chord wh-ch bears South 02°37'20" Wcst, 20,93 feet; Thence South 00°45'52" West, 257.2 f feet, to a 77.00 foot rad-us curve to the r-ght; Thence along sa-d curve, an arc length of 7.69 feet, through a central angle of 5°43'25", subtended by a chord wh-ch bears South 03°37'35" West, 7.69 feet; Thence South 06°29' 17" West, 58.49 feet, to a f 23.00 foot rad-us curve to ~ the left; Thence along sa-d curve, an arc length of 10.84 feet, through a central angle of 5°02'53", subtended by a chord wh-ch bears South 03°57'50" West, 10.83 feet; Thence South 0 I°26'24" West, 14.33 feet, to a po-nt on the South L-ne of sa-d Edmonds 5ubd-v-s-on and of sa-d Government Lot 3; Thence along sa-d South L-ne, South 89°59'0 I "East, 46.0 ! feet; Thencc North 0 I°26'24" f=ast, 13. 19 feet, to a 77.00 foot rad-us curve to the r-ght; Thence along sa-d curve, an arc length of 6.78 feet, through a central angle of 5°02'53", subtended by a chord wh-ch bears North 03°57'50" East, 6.78 feet; Thence North 06°29' 17" East, 58.49 feet, to a 123.00 foot rad-us curve to the left; Thence along sa-d curve, an arc length of 12.29 feet, through a central angle of 5°43'25", subtended by a chord wh-ch bears North 03°37'35" East, 12.28 feet; -~ - _- Thence North 00°45'52p East, 257.2 I feet, to a 276.80 foot radius curve to the right; Thence along said curve, an arc length of ! 7.95 feet, through a central angle of 3°42'55", subtended by a chord which bears North 02°37'20" East, 17.94 feet; Thence North 04°28'47" East, 73. 15 feet, to a 323.00 foot radius curve to the left; Thence along said curve, an arc length of 20.94 feet, through a central angle of 3°42'55", subtended by a chord which bears North 02°37'20" East. 20.94 feet; Thence North 00°45'52" East, 56. 17 feet, to the POINT OP BEGINNING. Contammg 23,758 Square feet, more or less. ~. o,;,ai, c~~vn ~~~,`'~~~~ISTE~ ~~;. j o ~ .r.G. ,, ~ '! nrfan ~ ~,,.• •` ,~ . c~~ • y \g23~2~~ .. .. c-.. rs.;,r 3 ,t 3 ~X111BIT B .-~ IO lazxsPUR ueolvr ~. .~ ~~. ~.~~~• SED) ~ 5 .~~ . 5U~1V1510N ~ E0 OCK 7 3 1015. ~ UlRKSPUR 5UBD7V/5lON No. 3 fPROPOSEDI WITHIN GOVT. LOT 3, SECTION / 9, ~ T3N, R l E, B.M., CITY OF MERIDIAN, 3 I1I>9.7q w d~f4~w ADA COUNTY, IDAI-i0 ~ I~ 16~~e1~ °`~' ~ I~ "I~ I ~~ ~Y Uj ~~j ~~~ ~I~ ( ~~ ^ n l;v I 11~ ~ I LINE TABLE "~' ~~ u Nc D7sravc~ I I i N 1 2 24 E ! 3. I L9 I.26'2q' W ! 4.33' I I ~"~, ~ $ a i ( CURVE TABLE NI IN rn N A u 2 . N 3 q 53' ! N 0 T20' E 3'•12'55' 1 1 N q• 7.6 7. 5" 3 37' S• W 5.4315' !I 2.80' .9 ' 3 T W 3'12"35' 12 77. ! 7, 17.96' S 02.3T20' W 3.4255' I f I r 03.5 w 5 7 q N 03 TSO' E 5'p2'S3' ,^ I i~ I ~ N N ( ~ i ~ i P n 31 IW ~I fi Ih I ~ r ~i ~ Ids t q h 2 I I aj I N I ... ~,t, LA r~'.~ ~ I I 1 1 ~GISTL•k ~ ~~'~~ ~c,S~ ~~ • ~. I I I ~ ~ ~ 0 t 2q ,s ~ ~ a iT~ 1/4 COxI•IER 3 fOUND ALUMINUM CAP ~U ~7 $2 ~~ ~7 49706 NSr. No. ~ I~ •••• ~ z % ~ ~ 333 ~~ ~ N t ~ I~ a ~ ~~" I r, ' ~ h , ~'~' G. R~~. 1'Ot/ND5/eMRLB~AR m Cl3 ' ~ Gl4 ~ ~ ~~... i r ' ~ ~ J ~~ `~ --- ~ --- g6.01 • - - -- OBSERVATION l/ v S 89 591 I E ! / 26.73' BIrIERBRUSfI POUNDS/8' POINY PO7M l~81AWCAP SUB. I ~ ~ ~ f•L5 qq3! SP PROJCCT: OWNER/DEVELOPfR: LARKSPUR SUBDIVISION NO 3 JIM JEWErf 207 W. MA1N ST~E7' DWG N . 1560 E CA O EMMF77, ID 836 ! 7 I oo l 2-P CITY OP MERIDIAN R L 5T P: (208) 398-8104 PROJEGr~Y WATER MAIN EASEMENT MERIDIAN. ID 83642 t2oe~ X94-000 F: (208) 396-8105 10012 OAS' 8/23/20 - 0 ~, 1N1NV4! SAWTOOT11L.5.COM i of r Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 4K ITEM TITLE: Easement for Idaho Power to Gain Access to Underground Electric Lines and the Transformer They Installed as a Part of the Reclaimed Water Booster Station and Reservoir Project MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~'~~ q'1~ Q- 1~ ©Y~q~na~ -~ ~D .~ - Coix~ -~'ar ~S d- ~~n ~~ ~~i~E IDIAN~-- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby DATE: 09/07/1 D SUBJECT: Easement for Idaho Power I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd Cily Cownsil Member~~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve permanent easement for underground electric lines and a power transformer and for working space around the transformer at the wastewater treatment plant. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Back r The Reclaimed Water Booster Station and Reservoir Project provides effluent treatment and storage at the wastewater treatment plant in support of the Class A Reclaimed Water Program and effluent discharge limit of seven million gallons per day. The design build team of JC Constructors and Pharmer Engineers was selected to perform the work through a request for proposals which received five responsive proposals. Class A Reclaimed Water requires additional disinfection which will be accomplished in the storage tanks, and a booster station is needed to convey the Class A Reclaimed Water into the distribution Page 1 of 2 system. This easement will provide the access Idaho Power requires to provide power to the booster station. B. Easement This easement provides Idaho Power access to underground electric lines and the transformer that they installed as a part of the Reclaimed Water Booster Station and Reservoir Froject. IV. LIST OF ATTACHMENTS A. Original Easement for si afore. ~' Approved for Council Agenda: ~- -- ` ` ~'' v ate Page 2 of 2 EM~. ,~~~«~, For C~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 d BOISE IDAHO 09115110 01:53 PM DEPUTY Gail Garrets III I'll„I'~IIIIIII'll'~I'lllll) ll ~ll RECORDED-REQUEST OF 110Ei86~026 Meridian Ciity Easement-Organization City of Meridian a Municipality "Grantor(s)", of Ada County, State of Idaho ,does hereby grant and convey to IDAHO POWER COMPANY, a Corporation, with its principal office located at 1221 W. Idaho Street, Boise, Idaho, 83702 (P.O. Box 70, Boise, ID 83707), its licensees, successors, and assigns, (collectively, "Grantee"), for One Dollar and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, a permanent and perpetual easement and right of way, at all times sufficient in width for the installation, erection, continued operation, maintenance, repair, alteration, inspection, and/or replacement of the following: Underground Facilities: Underground electrical power line or lines and related facilities and equipment, generally including, but not limited to, buried power lines and wires, above-ground pad-mounted transformers, junction boxes, cables, conduits, communication lines, including fiber optics, other equipment, and all related appurtenances, any of which may extend above ground, in certain locations to be determined by Grantee at Grantee's sole and absolute discretion (all of the above collectively being referred to as the "Facilities") together with the right to permit the attachment and/or use or placement of the wires, fixtures, cables and conduits of other companies or parties (all of the same being included within the definition of "Facilities"), on, over, through, under, and across the following premises belonging to Grantor(s) in Ada County, State of Idaho , in the location described below; Grantee is hereby also granted the perpetual right of ingress and egress over Grantor's other property necessary for the full and complete use, occupation, and enjoyment of the easement hereby granted, and together with all rights and privileges incident thereto, including, but not limited to, (i) the right, at Grantee's expense, to excavate and refill ditches and trenches for the location of the Facilities, (ii) the right, at Grantee's expense, to cut, trim, and remove trees, brush, bushes, sod, flowers, shrubbery, overhanging branches and other obstructions and improvements which may injure or interfere with Grantee's use, occupation, or enjoyment of this easement, and (iii) the right, at Grantee's expense, to install, construct, operate, inspect, alter, maintain, replace, improve and repair any and all aspects of Grantee's Facilities over, through, under and across the lands subject to this easement. The location of the easement and right of way granted herein is described as follows: A strip of land 15 feet wide, being 7.5 feet on each side of the centerline, located in the Southeast 1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, said centerline being more particularly described as follows: Commencing at the East 1/4 Corner of said Section 34; Thence South 00° 53' 33" West, a distance of 1300.10 feet to a point; Thence North 90° 00' 00" West, a distance of 1051.67 feet to THE TRUE POINT OF BEGINNING; Thence North 82° 45' 24' West, a distance of 49.05 feet to a point; Thence North 89° 13' S9" West, a distance of 61.53 feet to a point; Thence South 73° 51' 08" West, a distance of 13.09 feet to The Point Of Terminus. Said electric line easement consists of a 15 foot wide linear easement for underground electric lines and that portion of an area with a 20.00 foot radius with the central point The True Point Of Beginning, located on the Grantor's property for locating a transformer and for working space around said transformer. ,~ Grantor shall not alter the grade or elevation of the land within the right-of--way existing on the date hereof through excavations, grading, installation of berms, or other activities without the prior written approval of Grantee. Grantor shall not place nor build any structure(s) within the easement area except fences and except as otherwise approved by Grantee in writing. This Easement shall run with the land and be binding upon the parties' successors and assigns. ROW 033 (4/09) Page 1 of 2 Executed and delivered this ~ ~~~ day of C~e~,1Y1~ ~~ Checked by DA Work Order # 27327606 S~gnatur s) of Grantor(s) (Include titl re applicable): ~~ Corporate Verification STATE OF ~~~0 ss. COUNTY OF ~~~ I, Jesse ~ onP S (Notary's Name), a notary public, do hereby certify that on this ~~ day of ~Q,p}~,y-t?Z,Y` , 201 ~ ,personally appeared before me 1d r-rn~ ~P.ird ~{aJpl~ (Individual's Name Including Title) and (Individual's Name Including Title) ,who, being by me first duly sworn, declared that he/she/they are respectively the duly ,--~_ authorized person(s) of ~ 1 {~ ~ 2~1 ~ t p~~ (Organization Name), that he/she/they signed the foregoing document, and acknowledged to me that he/she/they executed the same as the free act and deed on behalf of said organization. ~...... ~.•~,tCA Jp••.~ (NOTARY SEAL) ~~5~ pTA1p~~~ •.~.~ . ~ . • ~ ~ ^ • ; ~ • • • gyp,;. ~1$L,ZC','~Oi •~q~ 0. .9~~: No Public ~ My Commission Expires on JOl,v1 ~ ~ a01 c~ "Res~d~v~cj o~} Kex~dta.n ~p ROW 033 (4/09) Page 2 of 2 ~~ m 4 ~ 4 n • ~ c ~ ~^ N 1 ~ L ~ n~ ~ 1 n ~ ~ a ~ '+ / ~ u w ~~ e$ g 3: ~Q ~ n a o "S ~A g ~ a o.s z~ 8~ a ~ ' ~ a a z c" N ~ 8 ~ n to o 0 a~ o I ~ ^ i w ~' 50'53'3 'W 50'JJ']J1V w N~ I]~3.33~ EEN W/(C AO ISOO.Ip' (.+ N ~~ N'f N f I I I I ~ ~IA ~ ~o~ m ~ ~ ooti_ ~ ,N~O ~ ~®~oO~ I I I I III ~~(I ~ I 4 ~~ ~ ~~~ ~~~ ~ Imago' ~ 0 ~ ~~~ ~ $ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~ ~~ ~ `~ `~ ~~~~P~~ ; ~ 4 ~~ m ~ gg 3 ~ ~ s ~ ~ ,x a ~ ~ ~ ~ mQ ~ ~ ^ ~ ~ ~ ~ ~y~ ~4'~` 'OM ]11M~ • ~~ W CITY OF MERIDIAN WASTEWATER TREATMENT 15 B __.... 15A UNDERGR^UND CABLE N^TES I s c - -- - l ----. _ ---- - _._ POINT I ICABLE CABLE TRENCH CDNDUITCONDUIT COMPACTION I STATION NUMBER SIZE LENGTH LENGTH SI2E LENGTH LENGTH F192 T^ WD14 l/0-3 ]75 150 1 - 4' 150 150 __ _.-- _ WD14 TO BLDG ' ]0 ' 3-4' 10 _ d .~ I- 45 C4 " I- 4 POLE -~~ RISER TEN MILE RD. - 1- 750 KVA " x5 2 X7 I- (3) 4 SERVICE STUBS 45-C4 6 K k ~ # I a~ T6 . arcr ~ 15 C I I i # 2 WD14 ~ 750 W1 15 B NYK wDt I ATTN. DEVELOPER: A WDh3 ` WILL NEED TO HAVE A GRADE AND LOCATION STAKE FOR ~ 250 NEW TRANSFORMER. IDAHO POWER WILL PROVIDE AN EASEMENT I FOR THE UNDERGROUND POWER FROM THE NEW POLE TO THE j NEW TRANSFORMER. - - - I ~ ATTN. CREW: ~,___---_-__-~ ,. ,.. _ _ TRENCH WILL NEED TO 8E 9571 COMPACTED WITH NATIVE SOIL CISO~ CU CODE YEAR REUOVAL INSTALL POLE / HEIGHT PRI SEC O~Mr4 ~ POLE DP45C4 I I X ~ 45 X _. __ CISO~ CU CODE YEAR REMOVALi INSTALL DEVICE / MANUFACT KVA PRI VOLTSEC VOLT LOOP/RAD SERIAL // T _ 44rJ __... .----- _.__... __. __. ..--- TRANSFORMER OP750V4L X W014 7200 12.5 1480/277 LOOP i GISO~ CU CODE I -- YEAR REMOVAL INSTALL DEVICE i '. __ __.__ _.__. .--- XFMR PAD j DPAD31 ; X WD14 - GISO ~ CU CODE YEAR RE110VAL INSTALL FROM/TO SIZE ~ KV PRI SEC STAGE C~BI~ES a~ _..._... ---- IUG CONDUCTOR DCPtO X D14 1/0-15KV X I 180 _ - 3 UG CONDUCTOR 1 ------ GISq ~ CU CODE p~aa --___,_- ~ YEAR REMOVAL INSTALL POLE / :DEVICE / TYPE waa __ _ __ _ _ _ OH SvnTCH DSC151 _.... ._. .. ..----........... j X F-192 j. ' ~ __.. . OH SWfTCH OSC151 ....._...- - ----.. .. X F-192 ' OH S'MTCH DSC151 ~ X ~ F-192 1 ,_. ,__. _._ , _ !; Customer: Date: Job Title. CITY OF MERIDIAN RECLAIMED WATER BOOSER STATION Additionol Description. norm 3 PHASE LINE EXTENSION "- e Additional Description. Feeder Mop file Nome: TNML13O1 Surveyed or GPS: NONE Fdr B y~ Designer: STP0802 Joint Use Attachments: NO Qua Twn Rng Sec Mer Pre-Built Dote:O6~2Z~1O Dote: 2 04N O1W 34 BM Design No: 0000082966 Built o5 Designed: ArcFM By: Stote County Construction Date: c Date: Work Order No: 27327606 ID ADA 12 J ~ 0 eratin Volta e: IDAHO POWER CO. WORK ORDER MAP SCALE: 1 "_ ~ oo Sheet ~ of ~ Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 4L ITEM TITLE: Sanitary Sewer and Water Main Easement for Oakcreek Subdivision MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF BENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O Brien DATE: 9/8/10 SUBJECT: Sewer and Water Main Easement for Oakcreek Subdivision I. RECOMMENDED ACTION A. Move to: 1. Approve a Water and Sewer Main Easement for the City of Meridian. This is to provide temporary easements. for water and sewer at the end of two separate stub streets in Oakcreek Subdivision. The easements will cease to exist once the streets are extended and become public right of way. Please refer to the attached drawing for further information. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Steve O'Brien, Development Analyst II Supervisor Approvals-» Scott Steckline 489-0372 489-0362 489-0369 489-0371 Page I of I ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ! BOISE IDAHO 09/15110 01:53 PM DEPUTY Gail Garrett III I~II'll'll'I'lll'lllll'll'll II I'll RECORDED-REQUEST Of Meridian Ciiry i 10086625 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~~~` day of i~P~'"'~ , 20 in between Oakcreek, LLC ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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, it's 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 azea described in this easement that was placed there in violation ~ of this easement. Sanitary Sewer and Water Main Easement EASIvIT Sandal l ~ 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. 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: Thomas M. Coleman, Jr. President, Coleman Communities, Inc Manager of Oakcreek LLC 1859 S. Topaz Way, Suite 200, Meridian, ID 83642 Address Secretary STATE OF IDAHO ) ss County of Ada ) •,.,.ww~.~. QpupTIdEY tANG NOTARY PU8L1C $T TE OF On this 2~ day of ~ , 20 ~O, before me, the undersigned, a Notary Public in and ,for said State, personally appeared Thomas M. Coleman, Jr and tt,l~-[-- ~~ known or identified to me to be the President and Secretary, ectively of a corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. Sanitary Sewer and Water Main Easement EASMT Sandal l IN WITNESS WHEREOF; I have hereunto set my hand and affixed my official seal the day and year fist above written. l./ v NOTARY PUBLIC-FOR IDAHO , OnUR'TNEY lANd Residing at: 18 5q 5 . 'i~pA,2 vVq, ~SL1, }.~-~ NOTARY PUBUC Commission Expires: t l,P ~ ~ 240 STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Tammy de W erd, Mayor ;~ I~'o ~tq~, 'l~ '~~ r y+ FO -~ .`_ ; = SEAL Attest b ycee Holman, City C1erI~ ,~ ~'~t ~ ~~ ~~ is Q~~. O ,~~ q ~ Approved By City Council On: ~rrurrrr n~~~" STATE OF IDAHO, ) ss. County of Ada ) On this ~ ~~ day of ~F_Q~-e_M~;,2,,~ , 2010, before me,. the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and.Jaycee 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. .•GA:?Qly •. ~; ~ • . ~ • • ~~ G : O• • ~~ 1 • Q>~ '-.RJB~:~p~;: .~sp,~~:~~~, TARY PUBL R IDAHO Residing at: 1•.~P~ Commission Expires: ,~Ccrt Sanitary Sewer and Water Main Easement EASMT Sandal l ~. August 31, 20 l 0 EXHIBIT A CITY OF MERIDIAN SEWER & WATER EASEMENT NO. 1 OAKCREEK SUBDIVISION NO. 1 An easement for City of Meridian sanitary sewer and water mains, located in the NE 1/4 of the NE %a of Section 33, T.4N., R.l W., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 33, from which the North '/4 corner of said section bears North 89° 16'45" West, 2635.36 feet; thence along the north boundary of said NE % North 89° 16'45" West, 776.83 feet to a point; thence S 00°43' 15" W, 186.00 feet to a point; thence S 00°28'25"W, 8.00 feet to the Real Point of Beginning of said easement; r~ Thence South 00°28'25" West, 32.00 feet; Thence North 89° 16'45" West, 20.00 feet; Thence North 00°28'25" East, 32.00 feet; Thence South 89° 16'45" East, 20.00 feel to the Point of Beginning of said easement; Said easement covering 640 SF, more or less. 80 1 2 8180 1 28-sewer&water easel.doc 28 33 N s 610 SF t/-~ N ~1 W. McMILLAN ROAD (BASIS OF BEARING) -- _ N 89'16'45'W 2635.36' ~ 776.83' i ~~ ~`I S 00'28'25'W .~~~^ 8.00' z ~i III ~~ 28 27 33 34 W. LOS FLORES STR. i I _' - L__ ~I W Z EXHIBIT B scAt.E t•-too' MERIDIAN CITY SEWER & WATER NG/NEER/NC DWG.DATE o8/3~/~o EASEMENT N0.1 ~oJ. No. soy 2s OAKCREEK SUBDIVISION N0.1 So~vr~oHSur SHEET 1 OF 1 LOCATED IN THE NE 1/4 OF Tr•E NE 1/4 OF SECTION 33 1029 N. ROSARIO STREET, SUITE too MERIDUW, IDAHO 83642 /A019R-WATFRFASFt ~WR T.4N.. R.1W.. B.M.. MERIOIMI, ADA COUNTt', IDAHO Phor» (208) 936-0980 fox (Z08) 938-0941 August 31, 2010 EXHIBIT A CITY OF MERIDIAN SEWER & WATER EASEMENT N0.2 OAKCREEK SUBDIVISION N0.1 An easement for City of Meridian sanitary sewer and water mains, located in the NE 1/4 of the NE'/+ of Section 33, T.4N., R.1 W., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 33, From which the North '/< corner of said section bears North 89° 16'45" West, 2635.36 feet; thence along the north boundary of said NE '/, North 89° 16'45" West, 643.02 Feet to a point; thence S 00°43' 1 S" W, 585.83 feet to a point; thence S 00°46'22"W, 8.00 feet to the Real Point of Beginning of said easement; ~""~ Thence South 00°46'22" West, 32.00 feet; Thence North 89° 13'38" West, 66.00 feet; Thence North 00°46'22" East, 32.00 feet; Thence South 89°13'38" East, 66.00 feet to the Point of Beginning of said easement; Said easement covering 2,112 SF, more or less. 80128\80 128-sewer&water easel .doc ~ 1/4 W. McMILLAN ROAD ~ -~ 1992.34' ~ T . r L 2,112 SF +/- (BASIS OF BEARING) N 89' 16'45'1M 2635.36' 643.02' i I W I Z ~ W LOS FLO - _____ ._____ _ . RES STR. ~I ~ I I :~ ~I I I ~I I Z I S 00'46'22'W 28 27 ~ 3i4 W Z I-- EXN/B/l B SCALE 1'=100' DWG.DATE 08/31/10 SHEET 1 OF 1 MERIDIAN CITY SEWER & WATER EASEMENT N0.2 OAKCREEK SUBDIVISION N0.1 LOCATED M THE NE 1/4 OF THE NE 1/4 OF SECTION 33 T.4N., R.1 W.. B.Y., MERIDIAN, ADA COUNTY. IDAHO ENG/VEER/NG SOLUr/oNS~ 1029 N. ROSARIO STREET, SURE 100 MERIDUW, IDAHO 83642 PAoM (208) 938-080 Fox (208) 938-0941 Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 4M ITEM TITLE: Resolution No. /y " ~~~ A Resolution for the Adoption of Meridian Information Technology Policies MEETING NOTES A~°,,,y~e~' CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO AGENCY SENT TO NOTES INITIALS STAFF APPLICANT CITY OF MERIDIAN RESOLUTION NO. l~ ' 7~l BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE INFORMATION TECHNOLOGY POLICIES FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 10, 2010, the City Council of Meridian received a report from the Information Technology Department regarding the draft City of Meridian Information Technology Policies; and WHEREAS, after receiving said report, the City Council directed that the City of Meridian Information Technology Policies be brought forward in Resolution form to establish Information Technology Policies for the City of Meridian. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City of Meridian Information Technology Policies be adopted, a copy of which is attached to this Resolution and incorporated herein by this reference. Section 2. 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 day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~T y of 2010. APPROVED: /"" ~ .~_~_ ~... -C-L ~ ~~ 1~ TAMMY E WEERD, MAYOR ATTEST: `\\~~~~u i~ n i i~ ~~~/ °~ TFo JAYCE . HOLMAN, CITY CLERK $~;AL = ~% -9 ~r ~s~ • ,24,`, RESOLUTION FOR CITY OF MERIDIAN INFORMATIb~~ Y ~hl~'i~5 -1 OF 1 Information Technology Policies September, 2010 Table of Contents Application Development Policy ......................................................................................... l Computer Deployment Policy .............................................................................................2 Computer Hardware Replacement Policy ...........................................................................3 Database Policy ...................................................................................................................4 E-Mail Policy .......................................................................................................................6 Enterprise Application Policy ..............................................................................................8 Internet Access Policy .........................................................................................................9 Loaner Pool Policy ............................................................................................................10 Network Security Policy .................................................................................................... l l Personal Equipment Policy ................................................................................................12 Printer Policy .....................................................................................................................13 Resource Access Policy .....................................................................................................14 Software Selection Policy ..................................................................................................15 Technology Procurement Policy ........................................................................................16 User Account Policy ..........................................................................................................17 VPN Policy ........................................................................................................................18 Application Development Policy Scope: The City of Meridian utilizes a centralized IT Department model. This model is designed to standardize the service, support and costs of meeting the technology needs for the City of Meridian. This policy addresses application development needs of the City of Meridian. Policy: Application Development is the process of writing software to meet a business need rather than purchasing a developed solution. A list of currently supported software solutions used by the City of Meridian can be found in the Supported Software Standard. Application development is the sole responsibility of the Information Technology Department. Departments requiring custom solutions must go through the IT Department. Departments are prohibited from contracting, purchasing or developing software without the express approval of the IT Department. Departments may use Microsoft Access to develop small applications, provided the departments follow the City's naming and coding standards. Information Technology Policies Computer Deployment Policy Scope: Policy: To plan for the replacement and deployment of computer hardware. One of the costs associated with deploying new hardware is employee labor. Every time a computer is deployed it takes considerable staff time to back-up employee files, move settings and configurations to the new machine and then to test it to ensure every thing works as expected. We will limit a machine rotation to a maximum of one rotation per new machine. That is, if employee A has a machine eligible for replacement, and the department wants the new machine to go to Employee B, whose machine is not up for replacement, this will be allowed. Employee B will get the new machine, Employee A will get employee B's machine, and Employee A's machine will be disposed. What is not allowed is for an additional rotation of machines; i.e. C-->B-- >A. Information Technology Policies 2 Computer Hardware Replacement Policy Scope: To plan for the replacement and acquisition of computer hardware. Policy: The City has millions of dollars invested in technology. Much of this technology quickly becomes obsolete due to improvements with technology and software. In order for the City to operate efficiently, this policy outlines the plan for replacing equipment. The following schedule is used to replace hardware. All equipment will be replaced on this schedule. However, if a particular lot of equipment is problematic it maybe necessary to replace equipment outside of the normal replacement cycle. Servers: 4 years or as needed Desktops and laptops: 5 years or as needed Printers and Projectors: 7 years or as needed When replacing hardware, the IT Department will re-use equipment in areas where it makes sense. Department's will not be allowed to retain replaced equipment; it will be at the sole discretion of the IT Department to re-use disposed equipment as they see fit. Replaced equipment will be disposed following City Asset Disposal policy. Once equipment has been funded for replacement, this equipment is ineligible for future replacement. If the City must re-use previously replaced equipment, the department must submit a new budget enhancement to receive funding to replace the asset a second time. All efforts should be made to plan for expansions of services and all resources required. Money will be spent as budgeted. Any savings between actual and budgeted amounts may be used to replace equipment which is broken or otherwise non-functional, rather than requesting a budget amendment. Budget savings will not be used to purchase additional equipment, without the approval of the Mayor. Information Technology Policies Database Policy Scope: Databases are structured collections of records. The records stored within the databases come from multiple sources, and are foundational to the continued operation of the City. This policy addresses issues related to database management, operations and security. Since the databases hold key information, it is imperative that this information is safeguarded to reduce the possibility of corruption, data loss and operational inefficiencies. Policy: This policy addresses database management, operations and security. For our purposes, management encompasses all aspects related to the creation, deletion, modification and storing of databases. Operations relates to the types, structure and use of databases. Security is control over access, permissions and use. This policy does not apply to using Microsoft Access for simple data analysis. Management: All databases developed by city staff or contractors must follow City's naming standards. These standards are found on the Intranet under the IT Department~Documentation. The only exception to this requirement is if the database is a Microsoft Access database and used by a single individual for data manipulation and analysis. Access to create or modify databases within our Microsoft SQL Server Environment is restricted to IT Staff. Departments may use tools within the Integrated Development Environments (IDEs), to manage their data, but must stay in compliance with City policy and standards. Operations: The City utilizes Microsoft SQL (MSSQL) for our primary database server infrastructure. In all cases, applications which use Microsoft SQL Server should be preferred over those which use another technology. MSSQL typically allows for easier integration and reporting of applications than do other alternatives. In no way does this limit the City to exclusively use only MSSQL. Rather, MSSQL should be used unless there is a compelling reason to go with another solution (i.e. sole source type application, price, etc). Reporting: The city will maintain a "Reporting" instance of Microsoft SQL Server. This reporting instance is used as a replica of the live data to provide "read-only" access Information Technology Policies 4 for reporting purposes. This will allow staff access to historical information to create meaningful reports for management. Access to the reporting instance is authorized by mutual approval of the Department Director and IT Manager. Security: Maintaining auditable records is critical to data integrity. It is the primary responsibility of the IT Systems Administrator to manage database security. The City operates using the "least-privilege security model". Per this model, employees will be granted rights sufficient to access the resources necessary to do their job. Access to "live" data using database management tools will be limited to IT Staff. Information Technology Policies E-Mail Policy Scope: E-mail has become the predominant method of communication. Our reliance on a-mail is such that without this communication it would be challenging to conduct day-to-day business. This policy addresses appropriate use, access, retention and archival of e-mail. This policy operates in conjunction with City Policy 6.2.3. Electronic Mail. Policy: Access: All City Employees are given access to an a-mail account when they begin their employment. Access is granted through the process of the HR Department notifying the IT Department of the start of employment of a new hire. Administrative employees a-mail will be retained within the a-mail archive and will not have a quota set on their mailbox size. Non-administrative staff, may have their e-mail archived, if requested by their Department Director, otherwise it will be left to the discretion of the IT Manager. Non-administrative employees are those employees who operate in positions that are minimally dependent on use of the City's computer network. Examples of these positions are Parks Maintenance workers, Waste Water Plant works and Fire Fighters. Non-administrative employees will be given an a-mail storage quota large enough to maintain routine communications. This quota will be set by the IT Department Manager. Volunteers: Volunteers are individuals who work with the City to provide services to the city without receiving a monetary payment. Occasionally volunteers will require an a-mail account to perform their tasks. By default volunteers will not be given a city e-mail account. If an e-mail account is required, the Department Director must submit a request through the case management system. The request must include the first and last name of the individual, and the period for which the a-mail account will be required. If the ending date is not known, that should be identified in the request. It is the responsibility of the Department Director to ensure that volunteers are aware and follow City policy as to the use of electronic mail. It is also the responsibility of the Department Director to notify the IT Department when the volunteer discontinues their service to the city. Notification should be done using the Case Management system. Information Technology Policies 6 Volunteers will be provided a mailbox quota as determined by the IT Department. Volunteers will not have their e-mail archived, unless specifically requested by the Department Director. Employee Separations: When an employee terminates their employment with the City of Meridian, the HR Department is responsible for notifying the IT Department. Once the employee terminates, the IT Department will notify the Department Director or Managing supervisor of the terminated staff to determine the disposition of the e-mail. The IT department is willing to create a temporary file for the Supervisor to allow them to review the e-mail of the departed employee. For employees whose mail is retained in the e-mail archive, it will continue to be retained until the disposition date as identified in the City's Record Retention policy. The Supervisor or Director may request an e-mail forward and/or out of office message be placed on the a-mail account of the departed employee. Forwards and messages will be kept on the account for a maximum of two weeks. Acceptable Use: Employees are not to use personal a-mail accounts to conduct City Business. The City applies rules to ensure these sites are blocked during regular business hours. Employee e-mail should be used to conduct City Business. Users of City a-mail accounts are not to use personal slogans, backgrounds, emoticons, images or any other item not endorsed by the City of Meridian. Employees are not to use e-mail for the purpose of soliciting personal business, fund raising, campaigning or other reasons not related to conducting City business. Employees must have the approval of their Department Director prior to sending out an e-mail city-wide. Violation of Policy: If the IT Department determines that an employee has used their a-mail account inappropriately, the IT Department may disable that user's a-mail account while an investigation takes place. Information Technology Policies 7 Enterprise Application Policy Scope: Enterprise Applications are software products designed to integrate computer systems that support the operation of business units. These systems are designed to increase internal coordination of work and cooperation across an enterprise. These products facilitate the integration of core business operations and processes, including accounting, finance, human resources, building services, code enforcement, inspections development services, parks, water and wastewater management. Policy: This policy sets minimum standards which must be met when purchasing software. Whenever possible these standards should be followed, unless circumstances are such that it is not feasible. In these instances, approval to deviate from these standards is granted by mutual approval of the IT Manager and Department Director (if applicable). Database uses Microsoft SQL Server Web Server must support IIS Installed on a Microsoft Windows Server Other optional, but preferred features: Microsoft Active Direction integration Optimized to work in a Virtual Environment Information Technology Policies Internet Access Policy Scope: Applies to all Internet access from City networks and using City-owned equipment. Policy: The City reserves the right to filter, monitor and/or block Internet access to any device or person utilizing the City's network. 1) Internet access maybe "filtered". 2) Access shall be limited or blocked based upon categories or protocols. 3) Employees are limited to using ports required to access web pages (i.e., port http/80 & https/443). 4) Employees are prohibited from using tools which allow remote control of other pc's. GoToMyPC, LogMeIn, pcTELECOMMUTE, etc. 5) Employees are prohibited from using proxy servers, web sites or tools designed to circumvent security. 6) Employees are prohibited from granting remote control of their computer to others without prior written authorization from the IT Department. Violation of this policy may result in disciplinary action, including but not limited to loss of access, suspension and termination. This is addressed further in City Policy 6.2.4. Information Technology Policies Loaner Pool Policy Scope: The IT Department will be the repository for acity-wide pool of laptops, projectors and mobile air-cards. This policy addresses minimum quantities of available equipment for check-out, procedure for reserving available equipment and disposition/replacement. The goal of using a loaner pool is to minimize the need for departments to individually purchase and maintain their own pool of loaner equipment by the City centralizing and sharing a pool city-wide. Policy: The IT Department is responsible for maintaining the loaner pool of equipment. Equipment will be available for check out by any City employee as long as the equipment will be used for City business and in compliance with City Policy. Equipment maybe checked out for up to one week by submitting a request through the Case Management system. Request for use will be provided on a first-come, first- servedbasis. If a need arises where the equipment may be needed for longer than one week, that request must be made by the Department Director and include an explanation as to the need. Disposal of Equipment: In order to ensure equipment in the loaner pool remains functional for a large variety of needs, equipment will be replaced as needed and may not comply with the standard replacement policy. If the frequency of use justifies a department's need to have their own loaner equipment, departments can request to receive equipment from the loaner pool when it is disposed. This equipment will remain in the possession of the requesting department and will be ineligible for replacement. The procedure for reserving equipment maintained in this pool is located on the Intranet. Information Technology Policies 10 Network Security Policy Scope: Policy: This policy addresses the requirements for attaching computers, devices, and other networks to the City's network. The City maintains a private network, comprised of resources necessary to operate City systems. Only city owned computer equipment has direct access to our private network. Other disparate systems maybe granted limited access to the private network at the discretion of the IT department, depending on the needs of the City. Personal equipment may not be attached to the City's private network. (See Personal Equipment Policy) Limited Internet access is provided at some locations using a guest wireless network. This should be sufficient to allow most visitors to access the resources required while visiting our site. Guest users may also connect their laptops to projectors in "public" conference rooms, without the need to attach to our network. If computer resources are required which are only accessible via the city network, departments may check out a city owned laptop for that purpose. However, only city staff will have the ability to log on and use that equipment. Information Technology Policies 11 Personal Equipment Policy Scope: The policy distinguishes employee owned equipment from City-owned equipment. Policy: Personal equipment is anything which is owned by the employee rather than the City. Personal computer equipment maybe attached to a user's City owned computer for business purposes, however they may not be connected directly to the network. (See Network Security Policy) Personal devices that are permitted include flash drives, pdas, and cell phones. Personal laptops, computers, or devices that provide connectivity to other networks (including the Internet) are not to be connected to City owned computers. Employee owned cell phones, which use the Blackberry service, where such service is reimbursed by the City, may attach to the BES (Blackberry Enterprise Server). Any additional support for the phone should be provided by the cell phone provider. (i.e. Sprint, Verizon, AT&T, Nextel, T-Mobile, etc...) Nothing in this policy shall be construed as requiring the City to provide technical support or assistance to equipment owned by the employee rather than the City. This includes but is not limited to flash drives, mp3 players, smart phones, pdas, laptops, etc. All devices attached to our network are subject to security scans. If you attach a personal device to our network and the device is damaged or the files are deleted, the City is not liable; you attach these devices at your own risk. It is the employees responsibility to ensure that prior to connecting personal equipment to the City's network they have the approval of their Director/Supervisor. Failure to get approval may result in disciplinary action, including and up to termination. Information Technology Policies 12 Printer Policy Scope: Policy: This standard applies to any printer, copier or multi-function device. Amulti-function device is one which provides printing in conjunction with scanning, copying and/or faxing. Prior to purchasing any printing device you must contact IT to ensure the device under consideration meets the City's standards and can be supported. A complete list of printer standards is found on the Intranet~Information Technology~Documentation-Printer Standards. Information Technology Policies 13 Resource Access Policy Scope: Policy: Applies to access to resources on the network which maybe critical, sensitive, or confidential to the continued operation of the City of Meridian. The IT Department is responsible for ensuring the stability, confidentiality, and reliability of the City's data, systems, and network. The City uses the "Least Privilege Model" for granting user access. This model states that a user is given the minimum access required to do their job. Access is granted and revoked by a request from the Department Director or Supervisor and signed off by the IT Manager. This function may be delegated to other IT Staff as needed to ensure the continuing operation of the organization. Information Technology Policies 14 Software Selection Policy Scope: Software is a general term used to describe an application or program used on a computer. Software represents a considerable expense to the city whether the software is built in house or purchased off the shelf. In addition, the City has already made a considerable investment in existing technologies. This policy identifies the required steps prior to purchasing software or replacing existing software. Policy: This policy defines the software selection process required to purchase software. This policy does not apply to upgrades of existing software. Upgrades refer to software which the city currently owns, and the vendor of the said software is merely adding additional features or functionality in a newer version (i.e. version 6.1 to 7.0). The Software Life Cycle is made up of five phases, Analysis, Design, Implementation, Testing and Maintenance. The Information Technology Department must be included in the Analysis phase of any software project. Software costs go well beyond the initial purchase price. Other costs which must be considered when purchasing software is analysis, design requirements, training, data migration, support and integration with existing technologies and displacement of existing applications. Prior to any web demos or other evaluation processes, the requesting Department is required to complete the Software Selection Form, which is located on the City Intranet. This form is used to identify the need, ensure alternatives have been identified and known deficiencies with the current application documented. In addition, if software will require a budget enhancement, this form must be submitted to the Information Technology Department for a recommendation, prior to the enhancement going to Finance or before Council. Too many times change is requested due to preference rather than a sound business reason. The City should never change out a software application due to employee preference. This is especially true when the city currently owns a software package which serves the purpose. Employees should be trained and required to learn existing software. The software selection process and analysis should be commensurate to the cost of the existing software the city owns and the cost of the new software. That is, if the software cost $300 the analysis process would be much smaller than if the software cost $30,000. Information Technology Policies 15 Technology Procurement Policy Scope: Policy: This policy applies to all City Technology purchases that require integration with computer systems, applications or technology infrastructure. All technology purchases must conform to IT Standards, and go through an evaluation process. Only technologies approved by the City Technology Department maybe purchased. Departments should consult with the IT Department prior to making technology purchases to ensure compliance. The following categories (and components thereof) are considered Information Technology Commodities for procurement purposes: Computer Peripherals (Keyboards, Mice, Monitors, etc.) Computers (desktop, laptop, toughbook, PDA, etc.) Computer Hardware Upgrades (RAM, video cards, optical drives, etc.) Digital Audio Recorders Digital cameras and projectors Digital Video Recorders Global Positioning System ("GPS") devices Imaging system document scanning devices Network multi-function devices (e.g., copiers, scanners) Networking equipment (e.g., routers, switches, management and access control devices) and software Physical security equipment and software Printers Proximity Cards Readers Security Cameras Servers (replacements or upgrades) Software Maintenance Software/Applications All equipment must meet applicable City standards. Information Technology Policies 16 User Account Policy Scope: Policy: This policy addresses the addition and deletion of user accounts. New Hires: Upon notification from the HR Department, a user account will be created for all new employees. By default these employees will be given general computer access, which includes access to the Intranet, Internet, public file shares, timesheet application and e- mail. The account will become active on the date the employee begins their employment. Passwords for new accounts will be provided directly to the employee or employee's supervisor. The initial password provided will be temporary and must be changed once the employee logs into the network. Request for employee access to applications or resources beyond those provided to all employees must be submitted by the employee's manager/supervisor using the City Case Management software "New Employee Resource Request" form. Access will be granted based on the resource owner's approval and per the Application Access Policy. Employee Separations: When an employee terminates, IT should be given as much advance notice as possible to ensure that resources are no longer available when the employee leaves. Employee accounts will remain in a "disabled" state for a maximum of 30 days, at which point the account will be deleted from the system. It is the responsibility of the employee's manager/supervisor to notify IT of any resources which may be required of the terminated employee. Mainly these are files stored in the user's home drive. For employees which e-mail is archived, employee e-mail will be retained under the "City of Meridian's record retention policy." Under no circumstance will an account remain active after an employee has separated from the City. Administrative Leave: When an employee is placed on administrative leave, the HR department must notify the IT Department immediately to ensure the account is disabled. The IT Department can place an "out of office" message on the account, until the leave is complete. Information Technology Policies 17 VPN Policy Scope: Virtual Private Network (VPN) is the primary method used to join to disparate networks. The way this works is that through the use of software or a hardware appliance a connection is made that allows these two networks to talk. For security purposes the VPN tunnel is encrypted to keep the session confidential. Due to the way a VPN works, it can present a security risk. In order to mitigate the risk, it is imperative that users with VPN access take the utmost care to ensure everything is secure. This policy defines the purpose, use, security and privileges for VPN access to the City's network. Policy: Public vs. Private: A private location is one where the computer is in a secure location (i.e. home), where only you or someone else known to you has access to that machine. A public location is one where people not known to you also have access to that same machine (kiosk, internet cafe, etc.). When using the VPN from a public location, it is the duty of every user to take steps to ensure that the security of the City is protected. Users must not share their passwords (as per the Password Policy) or leave the computer without terminating their session. When using a machine in an internet kiosk or other location where unknown people could access the machine, users should clear their internet cache before walking away. VPN Access Approval: VPN access is restricted to City Staff. Request to receive VPN access must be submitted by the requesting Department Manager or Director using the Case Management system and signed-off by the IT Manager. Account Expiration: In order to maintain an active account on the VPN a user must loin at least 2 times in a 90 day period. Failure to login the minimum number of times during any 90 day period may result in the account expiring. Information Technology Policies 18 Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 5A ITEM TITLE: Lakeview Golf Course Updated with Erik Oass MEETING NOTES CLERKS OFF/CE FINAL ACTION DATE: E-MAILED TO SENT TO AGENCY SENT TO NOTES INITIALS STAFF APPLICANT Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 6 ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES CLERKS OFFICE FINAL ACTION E-MAILED TO SENT TO NOTES INITIALS DATE: STAFF SENT TO AGENCY APPLICANT Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 7A ITEM TITLE: Mayor's Office: Strategic Plan Update MEETING NOTES ~~Po CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO AGENCY SENT TO NOTES INITIALS STAFF APPLICANT Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 7B ITEM TITLE: Legal Department: Discussion on Dog at Large Ordinance MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO AGENCY SENT TO NOTES INITIALS STAFF APPLICANT n 0 D O Z v D 2 0 O D --I 70 n O v_ z z n N n n 0 c z n r O v D C~ rn w an ~ n m m • _ c m 7 't ~D ~n o•n o~n n `C In ~G ~ ~G m V O 00 O O ~ a on. a ro m ~o w+ w+ w+ ~ W3 5 3 ~~3~~ ~ ~ < ~ z ~ OO- °i ~- pa's O~ ~`-'0; °i O . r . m a -~ O~ '~ -may' Q ° ."1' 't '~ ~ ~' O o ~ :~ ~ o ~ c D ~ ~ m p ~ ~ n ~ W ~ ~ D ~ O <• ~ n~ ,_~ N -~ O ~ of s D m ro D D ~ ~, ~- ~ -i • ` • ~• o ~ ~ ~~ ~~' ~ ~ ~ °' o o ~ ~ ~ o ~n ~ ~ ~ ~ ~ Teo ~ ~ ~ ~ ~• O ~ a o ~ 7 0 rho ~ ~ ~• ~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ 3 n ~ . -a ~ ; n, oa -fi -~ . n ~, d O ~ _ ~ ~ O O ro SI7 ~ ~ O- ~ V' Q, c 4 =+; ~ vii 0 0Q O °' - ~ O n ~ a ro ~ O ro :* ~ O n. ~ `„ fl. ~ -~ ~, ;~ of 0u o' fl;. ~ ~ ~ ~' (p ~O T o ~'~' o ° ° ^ o m ~ o~ ~-°o ~ o ~ o ~ o ~ o ~o~ ~~ - - ' -s O ro ' rp d ~ -, O ~ O N ' ' ~ O ~ v C ~ ~ ~ N ~ ~ ~ ~ _ ~ ~ = (~ ~ ~ \ _ ~ ~ ~ S ~ C n ~ ~ ~ ' i _ _ ~ ~ ~ ~ Q ~ "z. -s rt ~p ~ 0~ ~ 0~ i ~ .i ~ ~ v fp ~p ~ SL ~ ~ ~ '~ OQ ~ ~ ~ (p ~. . 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O ~ O C 'G p ~ N 7 v' ~ O' ~ ~ n rD d . ,_,. rD n O n ~ ~ Q ~ ~ Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 7C ITEM TITLE: Legal Department: Discussion on Texting While Driving Ordinance MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO AGENCY SENT TO NOTES INITIALS STAFF APPLICANT DRAFT CITY OF MERIDIAN ORDINANCE N0. 9-14-10 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING TITLE 7, CHAPTER 1, SECTION 9 OF THE MERIDIAN CITY CODE, REGARDING IMPOUNDING OF VEHICLES; AND REPLACING WITH A NEW TITLE 7, CHAPTER 1, SECTION 9, REGARDING TEXTING WHILE DRIVING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the passage of Idaho Code section 49-1819 e July 1, 2010, the Idaho legislature expressly preempted municipal code provisions riling towing of vehicles; and WHEREAS, in recent years there has been a pro ' ti of dri ho choose to use cellular telephones or other wireless electronic device writ ,send, andlo text-based communications, while driving motor vehicles; an ,~ WHEREAS, distractions caused by such devic c driving significantly impair drivers' reaction time, increa traffic accidents, injuries, and deaths wi 'the City of Merl experienced drivers; and WHEREAS, the City Council of the/ of the health, safety and welfare of its citizen engaging in text messagi riving in c operators, passengers, yclists, estrians, NOW, THE CITY 0 shall 7-1-9: THE MAYOR AND COUNCIL OF 1, Section 9 of the Meridian City Code is repealed, and Follows: G PROHIBITED: Texting while drI a mov g motor vehicle shall be prohibited. A first and/or second conviction for texti driving a moving motor vehicle shall be an infraction, punishable by a fine of seventy-five ars ($75). A third and/or subsequent conviction for texting while driving a moving mot r vehicle shall be a misdemeanor, punishable by a fine of up to three hundred dollars ($300}, or by imprisonment in the county jail for up to ninety (90) days, or both such fine and imprisonment. Persons driving law enforcement, fire, or emergency medical vehicles, while acting within the course and scope of their duties, shall be exempt from the prohibition against texting while driving a moving motor vehicle. "Texting," as it is used in this section, shall be defined as engaging in the review, preparation, and/or transmission of a typed or pictorial message via a wireless device. This definition shall i~he act of textXig while risk, and has in fact resulted in ,particularly among less r~it to be in the best interest Within the City limits from way safety for all vehicle they road users; TEXTING WHILE DRIVING ORDINANCE PAGE l OF 2 DRAFT 9-14-10 not include the use of avoice-operated orhands-free device to review, prepare, and/or transmit a message without the use of either hand except to activate, deactivate, or initiate a feature or function of such voice-operated orhands-free device. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage, approval and publication.. ,` PASSED by the City Council of the City of Meridian, 2010. APPROVED by the Mayor of the City of Mer' 2010. de Wee ATTEST: Jaycee Holman City Clerk o, this day of o, th~_ day of TEXTING WHILE DRIVING ORDINANCE PAGE 2 OF 2 Meridian City Council Meeting DATE• September 14 2010 ITEM NUMBER: 7D ITEM TITLE: Le al De artment: Updated Draft and Continued Discussion on Board of Adjustment g p Ordinance MEETING NOTES ~~~ ~~~~~ c~ ~ c,eL o- ol~~f5 ~~ ~'`" CLERKS OFFICE FINAL ACTICIN E-MAILED TO SENT TO AGENCY SENT TO NOTES INITIALS DATE: STAFF APPLICANT CITY OF MERIDIAN ORDINANCE N0. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, AND ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN PROVIDING FOR A NEW CHAPTER, CHAPTER 7, OF TITLE 2 OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, MEETINGS, AND HEARING PROCEDURES OF THE BOARD OF ADJUSTMENT, AND RIGHT TO APPEAL; REPEALING TITLE 9, CHAPTER 1, SECTION 17 OF THE MERIDIAN CITY CODE REGARDING THE BOARD OF APPRAISERS AND REPLACING WITH A NEW TITLE 9, CHAPTER 1, SECTION 17, RELATING TO DISPUTE RESOLUTION, BOARD OF ADJUSTMENT; AMENDING TITLE 9, CHAPTER 1, SECTION 19, RELATING TO ESTABLISHMENT OF METER INSTALLATION FEES; AMENDING TITLE 9, CHAPTER 1, SECTION 21, RELATING TO TERMINATION OF SERVICE, NOTICE, AND RIGHT TO HEARING; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. , , WHEREAS, the City Council of the City of Meridian finds that the existing Board of Appraisers, as established in Title 9, Chapter 1, Section 17 of the City Code no longer adequately serves the needs of the citizens of Meridian; and WHEREAS, the City Council of the City of Meridian seeks to create an organized and efficient dispute resolution process for handling disputes, objections, or adjustments related to water user accounts, statements and/or permits including, but not limited to, non- payment and shut-off of service, assessment fees, monthly user charges or other fees established by Title 9 of the City Code, regarding water use and service; and WHEREAS, the City Council of the City of Meridian finds that establishing a Board of Adjustment to resolve customer disputes related to water-usage accounts, statements and/or permits will result in improved customer service; and WHEREAS, the City Council of the City of Meridian finds that setting forth the provisions relating to the establishment, duties and powers, membership, qualifications, terms, vacancies, organization, financial regulations, and meetings of the Board of Adjustment to hear such disputes will promote the efficiency and function of said Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That Title 2, Chapter 7 of the Meridian City Code shall read as follows: BOARD OF ADJUSTMENT ORDINANCE PAGE 1 of 13 Chapter 7 BOARD OF ADJUSTMENT 2-7-1: ESTABLISHMENT: There is hereby established a Board of Adjustment, for the purpose of hearing disputes, objections or requested adjustments by an authorized water user related to water user accounts, statements and/or permits including, but not limited to, non-payment and shut-off of water service, assessment fees, monthly user charges or other fees established by Title 9 of the City Code regarding water use and service. 2-7-2: DUTIES AND POWERS: A. The Board of Adjustment shall be authorized to: 1. Propose to City Council for approval the rules of procedure for conducting hearings by the Board of Adjustment. 2. Hear and decide disputes, objections, or appeals related to authorized water user accounts, statements, and/or permits including, but not limited to, non-payment and shut-off of water service, assessment fees, monthly user charges or other fees established by Title 9 of the City Code regarding water use and service. B. The Board of Adjustment shall not be authorized to accept payment of any monies; the Board shall direct all payments to be made directly to the City Finance Department. 2-7-3: MEMBERSHIP: 2. Members of the Board of Adjustment shall be appointed by the Mayor and approved by City Council on a vote of a majority of the City Council members, and Board members may, in like manner, be removed. 3. All members of the Board of Adjustment and the officers thereof shall serve without salary or compensation. The City shall provide the necessary and suitable equipment and supplies to enable the Board to properly transact and attend to its business. B. Qualifications: Members of the Board of Adjustment shall include the Director of the Public Works Department or designee; the City Attorney or designee, and at least one (1 } citizen of Meridian, but no more than three (3) citizens. BOARD OF ADJUSTMENT ORDINANCE PAGE 2 OF 13 C. Citizen Terms: Citizen members of the Board of Adjustment shall serve three-year terms. Where two or more citizens are initially appointed to the Board of Adjustment, such citizens' respective terms shall initially include one seat with aone-year term; one seat with atwo-year term; and all remaining citizen seats shall bethree-year terms. Citizen members wishing to serve additional terms must submit a letter of interest to the Mayor thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. Z-7-4: ORGANIZATION: The Board of Adjustment shall annually elect one member as Chair. The Board may select and elect such other officers as it deems necessary..,,... 2-7-5: MEETINGS: ~ - The Board of Adjustment shall not meet regularly, but shall convene upon scheduling and notice by the City Clerk following receipt of a written Request for Hearing as set forth in this chapter. The Board of Adjustment shall convene to conduct such hearings at 3:00 p.m. on the third Wednesday of the month at the Meridian City Hall, 33 East Broadway, Meridian, Idaho. All meetings of the Board.. of Adjustment shall be open to the public, and shall comply with Idaho open meeting laws. Additional meetings of the Board of Adjustment may be scheduled by the Board as necessary to carry out the business of the Board. ,j 2-7-6: HEARING PROCEDURES: A. An authorized water user may request a hearing before the Board of Adjustment regarding any dispute or obj ection related to such authorized water user's account, statement, and/or permit including, but not limited to, non-payment and shut-off of water service (pre-termination hearing), assessment fees, monthly user charges or other fees established by Title 9 of the City Code regarding water use and service by complying in all respects with the procedures set forth in this section. B. The authorized water user requesting a hearing before the Board of Adjustment (hereinafter "Hearant") shall submit a written Request for Hearing to the City Clerk. Such Request for Hearing shall include Hearant's name, mailing address, telephone number, e-mail address, and water account number and address; names and contact information of other interested or involved parties; and a description of the matter(s) to be brought before and considered by the Board of Adjustment. C. Upon receipt of a complete Request for Hearing, the City Clerk shall schedule the matter for hearing at the next meeting of the Board of Adjustment, except that a Request for Hearing that is received after 3:00 p.m. on the second Wednesday of the BOARD OF ADJUSTMENT ORDINANCE PAGE 3 OF 13 month shall not be heard until the third Wednesday of the following month. Within two (2) working days of scheduling the hearing, the City Clerk shall mail notice thereof to the Hearant and to all known interested or involved parties in addition to the general notice provisions of Idaho open meeting laws. D. On the date and time duly noticed for hearing, the Board of Adjustment shall conduct a fair and impartial hearing on the matter brought by Hearant. Hearant shall be afforded the opportunity to confront witnesses, to present credible evidence, to personally appear and be represented and/or accompanied by an advisor or other legal representative, to be judged on facts adduced at the hearing, and to otherwise be heard on the matter before the Board of Adjustment. E. The Board of Adjustment shall maintain a record of all hearings conducted and actions J taken. F. The Board of Adjustment shall provide Hearant with an oral decision at the conclusion of the hearing, which decision shall include the Board of Adjustment's general findings of fact and conclusions of law in support of its decision. The Board shall declare the payment of any money deemed owed to the City due and payable to the City Finance Department immediately or by a date certain, as appropriate. The Board shall also verbally and on the record inform the Hearant of his or her right to appeal the Board's decision to the City Council. G. The Board of Adjustment shall prepare a written decision including its findings of fact and conclusions of law. The Chair shall mail the written decision to Hearant within two (2) working days of the conclusion of the hearing. 2-7-7: RIGHT TO APPEAL: ;: A. A limited ri ht of a eal to the City Council shall be available to a Hearant who g pp receives an adverse decision by the Board of Adjustment and complies in all respects with the procedures set forth in this section. B. Within three (3) working days of the conclusion of the hearing before the Board of Adjustment, the Hearant. shall file with the City Clerk; 1. A written Notice of Appeal, including Hearant's name, mailing address, telephone number, e-mail address, and water account number and address; names and contact information of other interested or involved parties; and a statement of the basis for the appeal, including specific objections to the Board of Adjustment's findings of fact and/or conclusions of law; and 2. A cash or check deposit in the amount determined by the Board of Adjustment to be due and payable. BOARD OF ADJUSTMENT ORDINANCE PAGE 4 OF 13 C. Upon timely receipt of a complete Notice of Appeal, the City Clerk shall schedule the appeal for hearing before the City Council within thirty (30) calendar days. The City Clerk shall provide notice of such hearing to the Hearant and to all known interested or involved parties. D. On the date and time duly noticed for hearing before City Council, each party may make a brief statement to City Council. No new evidence shall be presented; City Council shall decide the matter upon consideration of the record of hearing before the Board of Adjustment. E. City Council may affirm, overturn, or modify the decision of the Board of Adjustment. City Council shall overturn or modify the decision of the Board of Adjustment only where the Board's findings of fact are not based upon substantial evidence or the conclusions of law are erroneous. City Council may order that Hearant's deposit be forfeited to City or refunded less any adjustments. City Council may order that the payment of any additional money deemed owed to the City be due and payable to the City Finance Department by a date certain. The decision of the City Council shall be final. Section 2: That Title 9, Chapter 1, Section 17 of the Meridian City Code is repealed, and shall be replaced with language to read as follows: 9-1-17: DISPUTE RESOLUTION; BOARD OF ADJUSTMENT: The Board of Adjustment, as established in Title 2, Chapter 7 of the City Code, shall be delegated the duty of hearing disputes, objections or requested adjustments by an authorized water user related to water user accounts, statements and/or permits including, but not limited to, non-payment and shut-off of water service (pre-termination hearing), assessment fees, monthly user charges or other fees established by Title 9 of the City Code regarding water use and service. The Board of Adjustment shall conduct hearings according to the procedures set forth in Title 2, Chapter 7 of the City Code. Section 3. That Title 9, Chapter 1, Section 19 of the Meridian City Code shall be amended to read as follows: 9-1-19: MONTHLY RATES: A. User Fees: 1. All owners who receive or have the right to receive the benefit of the municipal water system shall, in return for said benefit, pay monthly user fees as established by resolution of the city council. The monthly user fee shall be based on the amount of water used and the amount of fire and health protection provided by the municipal water supply system. BOARD OF ADJUSTMENT ORDINANCE PAGE 5 of 13 2. Monthly fixed cost fees and user fees shall be established by resolution of the city council. 3. Each owner will pay a monthly user fee based on the quantity of water used. Each owner shall pay, as full compensation for the benefits derived from the municipal water supply system, the fees as established by resolution of the city council. Should an owner request a city water service line to be disconnected, for any reason, there shall be no fee paid to the city. However, the owner must request the city to place the line back in service. There will be a charge as established by resolution of the city council associated with the reactivation of the existing service line. All monthly water rates will be charged against the property for which the city water service line is installed. The owner of record is liable for that amount, which must be paid before the water service is resumed. In the event an owner leaves an unclaimed balance in his account, that amount shall be kept for six (6) months after which time it shall revert to the enterprise fund of the city. B. Fees For Water Use: 1. The fees for water use shall be as established by resolution of the city council. 2. In case a water meter fails to register correctly the water used, the owner shall pay for the water on the basis of the average reading of the meter for the previous three (3) months. Water meter installation fees shall be as follows: a. For all meters installed, the fee shall be set by resolution of the city council ~e ~r~. All installed meters shall be property of the city. b. Meter adapter and radio read transmitter units fees as established by resolution of the city council. C. Private Fire Service: 1. Available only on flat rate when used for fire protection only; owner to install all lines to the city mains at their expense. All connections to be supervised by the city and to conform to city requirements and the uniform plumbing code. The flat rate fees shall be as established by resolution of the city council. 2. All private fire service lines shall be equipped with sealed gate valve or thermal automatic openings. 3. Private fire service lines shall be used for fire control only. Any other use is unlawful. D. Number Of Equivalent Residential Units Per Use: Assessment fees for new water users, other than single-family residential, shall be based on the number of equivalent residential units (ERUs) listed in table 3 of this section, unless other acceptable means BOARD OF ADJUSTMENT ORDINANCE PAGE 6 OF 13 of determining ERUs are used. Other acceptable means may include the uniform plumbing code "fixture unit" method or examination and analysis of historical consumption records of similar facilities within or outside the city of Meridian. TABLE 3 EQUIVALENT RESIDENTIAL UNITS BOARD OF ADJUSTMENT ORDINANCE PAGE 7 OF 13 BOARD OF ADJUSTMENT ORDINANCE PAGE 8 OF 13 BOARD OF ADJUSTMENT ORDINANCE PAGE 9 of 13 ..,,~.,wa.,,.~ ............._„_..,_.~.._....,.,.,.,.......m._~...~.w._ ___.~~,..~,...o..~.,~...........,.,~....,~...,..,,,.,,~.,,,,,~.~ m.,,~,....,,,..,_,.~..mm,. ~.,,~..~.. ~,~,.~.~mm~.,. Public (to be computed on an individual basis) ~ - ~.._ ..~_. ~. ~.~~_mm~.._o~._~mM._.__m...~.mw_.m...mm.,_,._~m_mm__.~..~~. _,m._~__m__.._~__._~. M,.,.M.~.m~.~.__~..~,._._~~.m..m~. ~._~ Tavern ~ 2 Theater ti 2 Townhouse 1 s Trailer court or park: ~ First unit ~ 1 ~_......~.....~ ......_~.~,W.-~..~.W.....,_...._~,w..w~.w~~~~ww..~~.....W~.~..~.~..W.....,.~ ..............~.m.,.~...,...~~..~......m..,~..m.m~m~.mmm.m~~,mm .a~,a .,~ Each additional space, long term tenant type ~ 0.75 E. Pass-Through Charge To User: The United States environmental protection agency has required the state of Idaho to test drinking water and the state of Idaho through the department of environmental quality, has passed the cost of such testing down to local governmental and private water suppliers. The city must pass the cost of such testing to the water users. Therefore, each water user shall be charged a monthly water assessment of twenty five cents ($0.25) until the department of environmental quality amends or retracts this testing charge. Section 4. That Title 9, Chapter 1, Section 21 shall be amended to read as follows: 9-1-21: DELINQUENCIES; CITY PROCEDURE: A. Termination of Serviee; Notice: Each month the municipal utility billing department shall furnish each water user a statement of the amount due for water and sewer and other charges for the preceding month or up to the time that the meter has been read; and if any water user does not pay the billing within fifteen (15) days from the date of the statement, the water user's account shall be delinquent. Water users shall be notified by regular mail of this delinquency and if the bill is not paid in full within ten (l o) days after service of this notification on the water user, the right to water shall cease and terminate unless the owner requests apre-termination hearing before the Board of Adjustment. Should the water user not request apre-termination hearing, or if an adverse decision is rendered against the owner after apre-termination hearing, the city may require the owner to pay the delinquent water bill attributable to the use, plus a BOARD OF ADJUSTMENT ORDINANCE PAGE 10 OF 13 turnon charge as a condition of resumption of water service, and in the event the water meter has been removed, a fee must be paid as a condition of resumption of water service. No allowance will be made for nonuse for less than one month. All corrections as to the charge and all abatements shall be made under the direction of the Board of Adjustment 'and shall be certified by the chief financial officer. B. Right to Hearing: 1. The city, in its delinquency notice to all water users and owners, shall inform them in writing of their right to apre-termination hearing before the Board of Adjustment in accordance with Title 2, Chapter 7. If apre-termination hearing is requested by any water user, the city will not discontinue water service to any water user prior to a fair and impartial hearing before the Board of Adius, tment~ l~r-111 }^ ~.J1 Vl~Vi111111N1~1 Vi111V W1111 }~V. 111V V1Y] ~I1Y M11 ~/lJ l4V VlUl Vll {J {.i11J KN~llV ~V 1~11V l~.i \.1~11V IJFN~bV N~~11111111J Y1 N~V1 • V /JIV VVV-Kl VV {.4V 4. 2. Provided, however the city shall not initially deny or discontinue water service to any water user because of any delinquent water bill on that premises that is attributable to the prior owner. However, any and all unpaid water charges shall be alien against the property as provided below. The city may initially deny water service to any water user who .requests service at a new location when that water user has a delinquency at any previous location or premises. Provided, further, that the city shall not initially deny water service to any water user for whatever reason without informing the water user of the right to a hearing before the Board of Adjustment e~~e~-on the issue of whether the city can initially deny water services. In the case of an initial denial of water service, the city is not required to provide water service pending a hearing. However, a hearing upon request of a water user initially denied water service shall be held as expeditiously as possible and held in the manner and accordance with the procedures for pre-termination hearings before the Board of Adjustment eye. C. Lien Imposed: Where allowed by law, all delinquent charges or fees, as provided by this section, not paid after the final determination of the delinquent account, shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed; and the city clerk shall, at the time of certifying the city taxes, certify such delinquencies together with all penalties to the tax collector of Ada County, and when so certified, the same shall be a lien upon the property. All monies collected by the clerk under the provisions of this section shall be paid over to the city treasurer in the same manner as is required for the payment of other city :monies. BOARD OF ADJUSTMENT ORDINANCE PAGE 11 of 13 D. Security Deposit: Upon application for new service, or upon reconnection for existing service which was terminated for nonpayment, the city may require a water user to pay a deposit in an account to be determined in accordance with policies established by resolution of the city council. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. BOARD OF ADJUSTMENT ORDINANCE PAGE 12 of 13 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.10- PROVIDINGFOR AN AMENDMENT OF THE MERIDIAN CITY OUTDOOR SALES AND TEMPORARY USES ORDINANCE An ordinance of the City of Meridian providing for a new chapter, Chapter 7, of Title 2 of the Meridian City Code, relating to the establishment, duties and powers, membership, organization, meetings, and hearing procedures of the Board of Adjustment and right to appeal; repealing Title 9, Chapter 1, Section 17 of the Meridian City-Code regarding the Board of Appraisers and replacing with a new Title 9, Chapter 1, Section 17, relating to dispute resolution, Board of Adjustment; amending Title 9, Chapter 1, Section 19, relating to establishment of meter installation fees; amending Title 9, Chapter 1, Section 21, relating to termination of service, notice, and right to hearing; providing for a savings clause; and providing an effective date. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. City of Meridian ,_. Mayor and City Council ' '~ By: Jaycee Holman, City Clerk :, First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: ,:~~. Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ,f ADEQUACY OF SUMMARY OF ORDINANCE N0.10- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no.10- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code DATED this day of , 2010. William. L.M. Nary City Attorney BOARD OF ADJUSTMENT ORDINANCE PAGE 13 OF 13 Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 7E ITEM TITLE: Planning Department: Transportation Priorities, Transportation Studies and Transportation Projects Overview - Includes a Discussion on Future Roadway and Pedestrian Projects for the City; an Update on the Airport-Overland Alignment Study; and an Update on Construction Projects MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO AGENCY SENT TO NOTES INITIALS STAFF APPLICANT September 9, 2010 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: Transportation Update September 14, 2010 City Council Workshop Agenda Item Priority Proiects It's that time of year again -time to start thinking about the most important roadway, intersection and pathway/sidewalk priorities for the City of Meridian. Below, Staff has provided an overview of the ACHD Community Programs processes, proposed changes to the way new projects are included in the ACHD Five Year Work Plan (FYWP), and updates on where the City's 2009 priority requests currently are in process with ACHD and ITD. During the August 5th, Transportation Task Force (TTF) meeting the members discussed the City's priorities, but did not finalize priority recommendations to the Council for roadways, intersections or sidewalks. Due to time constraints, Staff is presenting the TTF's draft priority project requests for 2010. Staff is seeking direction from the Council as the TTF will attempt to finalize a recommendation to the Council during their September 16th meeting. Staff will then present the TTF's final recommendations, for Council approval, on September 28th. The City must have aCouncil-endorsed list of community programs priorities completed by October 1St and roadways and intersection prioritized by the first part of November. Community Programs Overview: ACHD Community Programs (CP) are projects developed to expand and enhance a safe, efficient, and accessible pedestrian and bicycle network for residents of Ada County. Community Programs are intended to meet several objectives, including: • To emphasize safe routes to schools • To reach out to constituents and respond to public needs Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 DL....,.. -.l.O 00. ~~.. ~. _ C-.......0 000 GOB. _ ...............:.J:-.n.:+....... Page 2 • To promote community and neighborhood involvement and support • To optimize the use of fiscal resources • To progressively bring Ada County to ADA compliance, improving mobility for the disabled • To support the reduction of school safety busing It is envisioned that a majority of the Community Programs (CP) funds will be allotted toward Safe Routes projects. However, the ACHD Commission also wishes to continue to construct neighborhood enhancement projects, which will be evaluated and funded through an application system. The CP application offers each community an opportunity to address wanted improvements, particularly those that provide pedestrian and bicycle safety, mobility and connectivity. Priority will be based on several factors such as distance to schools, traffic volume of the street, outside funding, elimination of safety busing, etc. 2009 Priorities: As you may recall, last year the City factored in and incorporated the priority lists from the Meridian Parks Department and Joint School District #2. Because ACRD emphasizes projects that are on school routes, JSD#2 has also worked with the TTF in setting priorities for 2010. City Staff will also need to coordinate with JSD#2 on the CP applications as ACHD asks questions about safety busing and being along designated school routes. Last year's list was used as a starting point for drafting the City's 2010 CP list of priorities. Below is the list of priorities that the City sent to ACHD last year for CP projects and an update on where our requests are with ACHD (you can also go to ACHD's website for details on these current projects: http://achd.ada.id.us/Projects/Default.aspx.) Through various sources, seven NEW CP projects are being added to the 2010 priority list (see below). If there are other projects that the Council is aware of that should be on the list please bring them up during our meeting. Staff will compile the CP applications for the priority projects, after the City Council endorses the project list in late September. Page 3 Citv of Meridian Priority List, 2009 Community Programs 2009 C' of Meridian Comm Programs Priority Rank (08 overall rank) Pr Commertis Project Status trk txxrse design c~urentlf+ urxier way, 96% plans out la mview; CN in 2013. Please keep 1 {2) Washington, w . 5it- to w.1 st a. trade arm ooordrete w, sc~2 From Malone parcel to f Miictc/Linder inletsectiorr, sklewalt addltton an these tiro paroeis wand txeate fW rr~ie aorcec~d sidewalk. Sklewalc only; ro anb, gutter, etc. requested. Prbrily CorrtkrgefY on abNtty to Con51n1Ct new sidewalk in uttlmete Woatkxt If not„ please 2(3) Ustk:k, Ten Mile to Under drop Pmt ~ toP ~- Connect to Cok3 VaNey SdwW. Silo of roadway TBO- Merkitan Elemer~ary (less than S4 3{4) East 2 112, Fairview t0 Carlton muey, Post Qlftce (1B m1e}, Cole VaNey Ctxistian School (abultirgy, and dher down gatherkrg and destkiatbn poirrls are near the project. wauki project eKninate safety buskg. 4(9) Carlton, W. 8th t0 W. 4th East-west rode IaeArveen Merksan Elementary arxt Meriden Mkldle schools. Two parcels preverd corrtkwmus sidewalk, ore federal owned, Ile other a private property owner. Narrow shorYder - tggh speed, idgh votunes of treffx;. Ghdidren wok tortrom Sienna Elementary stag ttNs row. Regional Oily Park ~ wi[hkt /z m11B. Stwu W b! compbtad 5(15) Eagle, Zakiia t0 Vict with t~gle, Vlcrory ~ Ridenbeugh project SorAhem half ~ segmerd west a roadway needs skfedrak; erdire east side reeds sktewalk Rome for bath studeris a! Merk9~ Ek~rnentary and Meriden Mktdle. Cterry to GameNia fi{fi) W .8th, Pine to Carlton working on north side of skk~lc kdrastructure via stimulus Funds In 2010. Crew corxredlan from Fatvfew to Haddon Elementary, and south across Pare. May requke pedestr~n crosskrg at Pine. Existkg pole and flashkig school mre YghHsigrr ~ PkeAN. 2rx1; drilled crosswak at PinelYY. 1st. Adjacent to Meridian Ekrtnentary, within ~/z 7(7) W. 4th, Broaljwa to mne of Merktian AaNddle school. west side of roadway - erderrsbn needed for carnecxlon to exlsttrg skkwralc approaocfring Merkiiarr Elernerkary sctaok. W. t~ at Pke is desgrraied elementary crosskg wish guards: main entrarxe for buses and parking. Partial sklewak exists, tn# block between Idaho and 8{ 10) W .1st, Pine to &oat3w Broadway ndsskg; otter portions substandard. Page 4 9(1 t) &oadw , W. 7th to Meridian Norm sae d roadway w ~e eestx,g (disoorsreded) saewak. West sae d roadway. Twee pacel connection needed (LDS Chrxch, Alpha and Allman) to tie existing segments tagetirer. Oerdrffi Academy and Fouaffiiars Ar~derry are within'/. 10(12} Ltx~st Grove, McMillan to Chinden mile. Shoulder abng Lcatst Grove is rrd vary wise. One parcel on oath sae preverdfrrg en~e mile (Locust Grove Eo Eagle) ham being 11 NIA MCMiUart, Schubert and SChureman contirwous sidevralr. With regional park al Eagle/MdNSan t#Ns gap needs fiwng. Pb goal pedestdar canrecficns from subdvisiars on west sae of Lac:ust Grove Road m Sienna Elemetdruy, Yrest d Eagle Road. Add tlestWg YgtrtrJped signal, crosswalk and 12(WA) S. Locust Grove, VIdO t0 Amjty signage aaoss S. Laarst Grove ffi E. Palermo (add stxxt section d sidawatir). 500-gap in sidewak between Otreenrffiion Point era the corrverdanoe store an the MeridanNidory krtersectiar. ROW rreoessary for project exists. No rreartry sdrools, bid rreigf~orhood (Otxervalicn Point is the HOA) try requested Etas project as the resklerds do 13(Pl/A} Vict , Obsevation Pt. Out-Part~l frequently wok to the nearby services via this rode. One properly gap on east sae d Madden Road, tvt Ustidc and McMillan. Gap is 100' brg; rrd enough ROW to cor~truct sidewaNc ~ ~s uttimaffi bcatian. Settlers Pack is withkr'1s rtdle. Ctridnerr ffiterrdrg Heritage Made Sdrod from the south do travel this rode. Pease 14(WA) 4010 Meridian Rtsa~ - Oul-Pareet aarnldx Nrlwtm Improwmarm o mtlr~rroe proper. Developer is required to carrastruct saewae~ adjacent to arks future phase of Verdara SubdtWSbn. Bul may be a Icng time before developrrrerd occurs. Request for temporary 15(N!A) Meridian, Ventana Std. To Heritage MS carvrection as sdwci is directly to the south d trrs ells. Need pedestrian access tdfran Hurrler Elementary across McAAalan. Ctn in ttt~ area ffiso attend Sawtadh Middle Scholl. Please oarsidar new cross-wale to aa~ess sctpol 16(5} McMillan, Goddard Creek to Palatine sash d McMean In~rYrV~rrporary corxrectlorr (Paradise to Red Rode) piamed far c~orutrrx:tbn this tali as f S(8) I_OG1St GfOYe, Paradise t0 Settlers &• makAenanoe project. t keep project an radar for more permenard fix in the future. Cunatrtly in ComrrtuNty Programs ~ SR2S project. Project is also priority for scriod 16(NA) Red HorseJMcMiNan oistrict Corned Bud Porter Paftrway with Fairview Ave. via James Court. Add slgnage, wean existlrg pffiharay to to' g6 James Court„ sMpe orrstreet crosswaic and ~~ solar in- Five Mile Creek PathWa -Meridian Rd. t pavertrent ttastrers. Settlers Creek Pat ,Destiny Cwe to Brhrg together two existing pathway segmerds by addkg shat corrrrection, South Slough Pathway, Crt~sfield widen patlrway stub and saewaRc connection to t tY east d Summersby. Ridenbat~h PathW /Eag{e Rd. Cfossing Sordh d vkdocy. Add signage, stripe cross-walk. install solar in-paverrtant ff~hers, etc. Corrstrud 1.06 misses d pathway on reorttr sae d Five Mtle Creek near Bddgetower Sub. Five Mile Creels Pathwa -Ten Mee to Li Patfmray wtq traverse t~A common ~ (west end), and parffilel Ustldc feast end). Construct pathway on east sae d creek. City P~~B t~i~ +~ CDBG furrdng. Addtlional krrproverrrerdd needed on Pke from Darndown to Locust Grove far Five Miie Creek Pathwa -Fairview to Pi pedestrian/bicydist sffiety. Page 5 Status Update on 2009 CP Projects: City Staff submitted 19 CP applications to ACHD last year. The only projects we did not fill out applications for were the six segments of the City's pathway network that are not in ACHD right-of--way (these type of projects do not score well at ACHD as they do not have jurisdiction.) As you can see in the table below, eight of the City's top 10 projects are scheduled for construction in the next few years. Most of the rest of the City's top projects have been scoped by ACHD and are also anticipated to make it into programming. ~i~Ziss~,(»~ +. iv~a ~g~, I~ Pbv' rbx~ d~2~l,ti~ - ~rl r ~o a "~o) Pa. V i SF»ioti~ MS It x Car"Pt•'~ Markgan Washington, NW 5th /Main Meridian #1 x Construction corrdination with si 'corridor base 2 listidc, Prmderma Elements to Linder Meridian #2. x NCdhin ACHD project limits Carlton, West 8t est 4th Meridian #4 x Deli n in 2011 Eagle, Zeldfa/Vktory McHdian #5 x Desi n, r t of w ,and construction in 2011 West 8th, Pine/Cariton Meridian AF6 x Dell n in 2011 W.4th, Broadwa /Ma le Meridian #7 x Desi n in 2011 Broadw W. 7tl~/Meridian Meridian (II9 x Deli n in 2011 Lowst Grove, McMNlan/Chinden Meridian #10 x Pro has been sco ed - MtMillan,5chubertto5chuman Meridian#li x ROWDSworkingwithpro ertyownerforconnection Vkto , Observation Point-0ut arcel Meridian #13 x ROWDS workin with property owner for connection 4010 Meridian Road- Out arcel Meridian #14 x ROWDS workin with o owner for connection Meridian, Nerita a MS to Ventana Meridian #15 x Deli n and construcion in 2011 MdY9iHan, Goddard Creek/Pakine Meridian #16 x Pro' has been scoped ~.1 eUsbtth tn..~dnGs locust Grove Paradise/Settlers Grid Sub. Meridian #17 x P has been sco ed ~- Red Horse/MtMlllan Meridian #18 x Com fete TTF Draft Recommendation, 2010 Community Programs: As you can see from the status table above, most of the City's top projects are working their way through ACHD's programming process. Therefore, the TTF does not recommend many changes to the priority list from 2009. The TTF does want to move or remove the McMillan, Goddard Creek to Palantine project (#16). This request is for pedestrian access to/from Hunter Elementary across McMillan. Since the children in the subdivisions on the north side of McMillan attend Paramount and not Hunter, the TTF does not believe this is a high priority project. The TTF does propose to add the projects listed below to the list of CP priority project. If the Council concurs, Staff will prepare applications for the following projects: NEW Carlton, W. 1St to Main ACHD Core CP project for CN 2013. The project proposes a 5-foot-wide attached sidewalk with curb and gutter on the south side of Carlton Avenue from 1st to Main. The project seeks to increase sidewalk connectivity for pedestrians and will maintain on-street parking as a neighborhood amenity. The sidewalk will be built within ACHD right-of--way. This project will create a Safe Route to School connection for Meridian students by providing pedestrian facilities to Cole Valley Christian School. This was a School District request. NEW E. 3rd and Ada St. Install HAWK signal at Franklin/E. 3rd (Storey Park) and stripe bike lane/route on both sides of E. 3rd and Ada Street to Main. Part of bicycle route for downtown. Public Works request. Page 6 NEW Pine Ave/Five Mile Creek Extension of CDBG project along the north side of Pine and Five Mile Creek (see Five Mile Creek Pathway - Fairview to Pine description above). Parks Dept. request. NEW Linder, RR to Franklin Fill in the gaps in the sidewalk on the west side of the roadway, between the railroad tracks and Franklin Road. Joint School District #2 request. NEW Linder, south of Franklin A citizen is concerned with students walking along the entire length of Linder (south of Cherry Lane to the south end of Linder) without sidewalks. They are walking to Arctic Circle, or home from High School, along Linder and are in danger of not being seen, and have nowhere safe to walk. The sidewalks are so intermittent and crossing the street is hazardous with the amount of traffic. Katy Keeton request. NEW Pine Avenue, Merrywood There is a gap in the sidewalk on the north side of Pine Avenue, between Mineral Wells Avenue and Rotan Avenue. There are many children that walk to Meridian High in this area. This gap in infrastructure is about 850' long. This is a Joint School District #2 request. NEW 2695 McMillan Road Between Linder and Ten Mile there is a small gap in the sidewalk on the south side of McMillan (between Bridgetower and Caymus Cove Subdivisions). This gap is only about 30' long and is part of the "flag" of a county-zoned parcel. This gap would create continuous sidewalk on the south side of McMillan between Ten Mile and Linder. TTF member request. Roadways and Intersections This past year, the ACHD Capital Improvements Citizen Advisory Committee (CICAC) has been working on establishing new scoring and ranking criteria for use when moving projects into the Five Year Work Plan (FYWP). The ACHD Board of Commissioners has given a conceptual nod to the work the CICAC is doing in revamping the technical and programming criteria used in establishing the FYWP. Essentially, the new prioritization processes will be based on two primary factors: safety and congestion. These two factors will be the most important drivers, but not the only considerations, in determining which projects should be in the FYWP. Other factors include: a community's priority/rank/request, if roadway is a designated I-84 detour route, if project is on a designated mobility corridor, if project is in CIM, if project is on a bicycle route, if any funding partners have been identified, and a narrative about the project. Staff will spend some time during the workshop to explain the new ACHD cost-benefit-based prioritization process for the FYWP. Page 7 Dunn the August meeting, City Staff handed-out information on how the prioritization process g will work this year at ACRD. The TTF discussed amending the roadway and intersection riorities for Council approval. The TTF did not finalize a recommendation, but below is a p HD. summary of the changes the TTF is considering for the 2012-2016 FYWP requests to AC Due to the changes in the way ACHD will be scoring and ranking intersections and roadways, the TTF recommends that the City send ACHD and COMPASS two priority lists -one for roadways and one for intersections. Rnarlwav Priorities 2010 City's Priority Current Project Rank Project Status in ACHD ~pRA~~ Programming CN 2011 Eagle, Victory to Ridenbaugh CN 2013 1 Downtown Split Corridor 2 2011 & 2013 in TIP; re ionall si nificant 9 Y 9 ro~ect CN 2011 Overland, Ten Mile to Linder CN 2012 Franklin Road, Ten Mile to 2 Linder CN 2015 (slip 3 Ten Mile Road, Cherry to Ustick project) PD in FYVIJP 4 Ustick Road, Locust Grove to Meridian Ustick Road, Locust Grove to 2015 in FYU1lP 5 Leslie Wa Ea le SH-55 Y( 9 / ) 2014 in FYWP (slip 6 Ustick Road, Duane project) Drive Ea le to Cloverdale Ig Not in FYWP 7 Linder Road, Ustick to McMillan CIP = 2019-2027 Not in FYWP CIP = 2019-2027 but 8 ~; Ten Mile, Ustick to McMillan unfunded; ROW preservation only TTF Rec Remove; remainder of project is in 2011 budget. Move project up to #1 roadway priority. Remove, project is in 2011 budget. NC NC Moved up three spots Moved u p th ree spots Moved up three spots Moved down 4 spots Moved u p two spots Page 8 CIP = 2019-2027 Ten Mile Road, McMillan to but unfunded; ROW 9 Chinden reservation only p Not in FYVVP Linder Road Overpass* CIP = 2019-2027 but 10 Overland to Franklin unfunded; ROW preservation only PD in FYWP Franklin Road, Black Catto Ten 11 Mile Noit in FYWP Locust Grove, Fairview to CIP = 2019-2027 but 12 NEW Ustick unfunded; ROW preservation only Not in FYUUP 13 Eagle, Victory to Amity CIP = 2014 - 2018 Pine Avenue, Meridian to Not in FYWP or CIP 14 Locust Grove Not in FYUUP L Gust Grove Ustick to ° CIP = 2019-2027 but 15 McMillan unfunded; ROW preservation only CN 2013 for center Fairview Avenue Meridian to medians only; 16 v Locust Gro e widening is OF in FYWP CN 2013 for center Fariview Avenue, Locust Grove medians only; 17 to Ea le 9 widening is OF in ~~~ FYWP 18 Linder Road, Franklin to Cherry OF in FYWP Not in FYUUP Meridian Road, Ustick to CIP = 2019-2027 but 19 McMillan unfunded; ROW preservation only ~,. Nof in FYWP her Meridian Road, Fairview/C ry CIP = 2019-2027 but 20 to Ustick unfunded; ROW preservation only Moved up 2 spots NC project is regionally significant and in TIP/STIP NEW Recommend moving down 9 spots; intersection should help Recommend moving down 10 spots; doesn't score well NC NC NC NC NC NC Page 9 Not in FYUVP Meridian Road, McMillan to CIP = 2019-2017 but 21 Chinden unfunded; ROW reservation onl Not in FYUUP 22 Ustick Road, Linder to Meridian CIP = 2019-2027 Not in FYUUP 23 Ustick Road, Ten Mile to Linder CIP = 2019-20127 Linder Road, McMillan to Not in FYUUP 24 Chinden CIP = 2019-2027 CN 2011; Not in 25 Ten Mile Road, Overland to FYWP Victo rY CIP = 2019-2027 OF in FYUUP 26 Linder Road, Cherry to Ustick Not in FYWP or CIP Locust Grove, Overland to 27 Ami 2 miles tY ~ ) CN 2013 for center Fairview Avenue, Linder to medians only; 28 Meridian widenin is not in 9 FYWP or CIP Not in FYUUP Franklin, McDermott to Black CIP = 2019-2017 but 29 Cat unfunded ROW reservation onl Not in FYUUP or CIP ~~ 30 l E. 3ra Connection Not in FYWP or CIP 31 Broadway Avenue -y Rail Corridor Not in FYWP or CIP 32 Preservation/Utilization CN 2013 for center r,. medians only; 33 Fairview, Eagle to Cloverdale widenin is not in 9 FYWP or CIP Franklin Touchmark to ' CN 2012 34 Cloverdale NC NC ACRD priority corridor NC ACHD priority corridor NC NC NC scores well technically NC NC NC I-84 detour route recommend moving down toward bottom of list (was #6 roadway priority) NC NC NC NC .McMillan, Locust Grove 35 NEW to Eagle OF in FYWP NEW Page 10 Intersection Priorities City's Priority Project Status Rank 1 Ten Mile/Ustick CN 2012 CN 2012 2 Linder/Pine 3 Ten Mile/Chinden Not in FYWP DSN 2015 4 Ten Mile/Victory ROW PD CN OF McMillan/Locust Grove CN 2011 2015 in FYWP 5 Locust Grove/Ustick 6 Locust Grove/Victory OF in FYWP Removed from FYWP when temporary 7 Meridian/Ustick signal was constructed. CIP = 2019-2027 Not in FYVNP, CIP or 8 Chinden/Meridian TIP Not in FYWP, CIP or 9 Chinden/Locust Grove TIP Not in FYWP 10 Chinden/Cinder CIP - 2014-2018 11 Black Cat/Franklin PD in FYWP 12 Black Cat/Cherry OF in FYWP Not in FYWP CIP = 2019-2017 but 13 Black Cat/Ustick unfunded; ROW preservation only 14 Ten Mile/Amity OF in FYWP 15 Overland/Cinder Not in FYWP or CIP TTF Rec #1 intersection #2 intersection priority. Must be done before Phase 2. (up 2 spots) down 1 spot down 1 spot Remove; project is in 2011 budget. NC NC NC NC NC NC NEW Eagle/Amity Not in FYWP or CIP NEW Page 11 ITD Projects In 2009, the City prioritized ITD roadways as follows: 1) Meridian Road Interchange Rebuild, 2) Linder Road Overpass, 3) Widen 20/26, 4) Eagle Road Corridor Improvements, and 5) SH-16 Extension. The TTF recommends moving up the 20/26 project to number two on the priority list and moving the Linder Road Overpass down to number 3. Interim Intersections Earlier this year, the City sent a letter to ACHD asking them to evaluate four intersections for interim signals. The four intersections were: Overland/Cinder, Ten Mile/Victory, Locust Grove/Victory, and Eagle/Amity. ACRD Traffic Services Staff has done an extensive analysis on the near and long-term traffic needs at these intersections. The following is a summary of ACHD's analysis (from a letter to the Mayor, from J. Schweitzer, dated August 1 1, 2010): • Overland and Linder street improvements have been constructed and the traffic signal is nearly complete. Traffic forecasts do not indicate this intersection will meet si nal warrants in the immediate future (currently Level of Service {LOS } B) even g after the completion of the interchange, but the ACHD Traffic Department will continue to monitor the intersection. When traffic volumes or other warrants are met, ACHD can complete this signal in an expeditious manner. • Ten Mile and Victory intersection is forecast to still operate at LOC B/C during the peak hours after the interchange is completed. ACRD analysis supports an ultimate two-lane roundabout, but the cost, impact and traffic considerations favor an interim traffic signal when additional warrants are met. ACHD Traffic Department will monitor the intersection. The development process should be used to acquire the ultimate right-of way for a roundabout. If one or more large developments adjacent to this intersection are proposed prior to the need to install an interim signal, ACHD may be able to forgo an interim project and construct the ultimate roundabout. • Locust Grove and Victory intersection operates at LOS F during the two peak traffic hours and needs to be improved in the near-term. The cost, impact and traffic considerations favor a traffic signal as an interim control, with amulti-lane roundabout as the ultimate design. An effort will be made to fit this intersection into the ACHD 2011 budget, as funding and staff workload permit. The development process should be used to acquire the right-of way for the ultimate roundabout. • Eagle and Amity intersection operates at LOS C/D during the peak hours. That may degrade somewhat with the construction of the signal to the north at Eagle/Victory, but the need for an immediate improvement is not anticipated. If an interim project is required, a traffic signal appears to be the best option. he intersection was evaluated using 2035 traffic forecasts with atwo-lane roundabout; over a 24-hour period, a roundabout is expected to perform at LOC C during the peak hour and result in less delay than a traffic signal. The development process should be used to acquire the right-of way for the ultimate two-lane roundabout. The opportunity to go directly Page 12 from an all-way stop to the ultimate improvement may arise if development occurs at this intersection, which would be preferable to constructing an interim signal. The ACHD Traffic Department will monitor this intersection after the Eagle/Victory project is complete. In summary, ACRD Staff will monitor the Overland/Cinder, Ten Mile/Amity and Eagle/Amity intersections after nearby major construction projects are completed to see what develops. ACHD think these intersections will function at an acceptable level with the changes in traffic patterns we anticipate. The Locust Grove/Victory intersection already has problems that are not expected to improve. ACHD will be looking for an opportunity to work that intersection into their budget and workload schedule; it is a likely candidate for construction next spring or summer. Airport/Overlandstudy Parametrix is working with Nampa, Nampa Highway District, ITD, ACHD, the Nampa Airport and City Staff on studying a roadway alignment connecting the Nampa Airport with Ten Mile Road. This connection will: consider adjacent properties and existing uses; be integrated with a future SH-16/I-84/McDermott interchange; serve as a detour route for I-84; and function as an urban principal arterial. The preliminary alignments/alternatives, evaluation criteria, and design criteria will be presented during a public involvement meeting (PIM). This PIM is anticipated to beheld on October 14th at 6 pm. Staff will present additional information to the Council on this topic during the workshop. Brighton Access, Center Medians, and Ten Mile Road Earlier this year, Brighton and HDR presented to the City Council an access plan for the 40-acres of property located on the southeast corner of Ten Mile and Franklin. After hearing Brighton and HDR's presentation, the City sent a letter to ACHD asking them to evaluate the proposed access points for efficiency, safety and consistency with District policy. ACHD evaluated and approved access to Franklin and Ten Mile, consistent with what Brighton was proposing. ACHD and Brighton then worked with ITD (and Lochner Engineering) to change the center median design and access point locations along Ten Mile Road. City Staff wanted to let the Council know that the construction documents for the Ten Mile project have been changed to accommodate Brighton, and that the center median in Ten Mile Road has been redesigned. Instead of being one continuous 1000-foot long median between Franklin and I-84, the median is now two shorter pieces with a break in the middle for afull- accessdriveway. Further, to accommodate turning lanes to the new. access points, over half of the median's width has been reduced from approximately 20-feet wide down to about 8-feet wide. Shrubs and grasses (no trees) are planned for planting within the center medians. Staff believes that the changes ACHD, ITD and Brighton have made to the Ten Mile project are consistent with the City Council discussion on March 2, 2010. However, Brighton has not submitted a development application for this property to the City and the City has not officially approved access for future development to this site. City Staff will evaluate the future proposed land uses on this site for consistency with the Ten Mile Specific Area Plan and the traffic analysts that HDR performed when making a recommendation to the Planning and Zoning Commission and Council. Page 13 A CHD Projects Attached is an executive summary of the ACRD roadway projects in Meridian. This month there are no Meridian projects that are color-coded red, meaning there is are no identified issues, and the projects are progressing as planned (NOTE: The Pine/Cinder intersection has been delayed due to condemnation issues and the McMillan/Locust Grove Road has a utility expansion conflict; these projects are color-coded yellow. The Franklin, Linder to Ten Mile roadway widening project is also color-coded yellow due to the removal of the landscape medians.) Please see the attachment for a status summary of all Meridian projects at ACRD. 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" A g ~ ' 9 ~ ~ A ~ ~ ~' ~ ~ O ~ ~ w L n ° 3 fD ~ fD ~ ~ fD 7- A ~ ~< rD 0~0 'O a f " " -* 7 ~ 7 K<a " C' rat 7 ro a ~ ` ~ o d 'r C s a o' C ~ ~ ~ ~ -++ o C~~ .fir ~~ < 0 ~ S " ~` 7 ° 7 7 7 ~ ~ " ^ ~ d ~• 0 370 A ~ ~ , , , , w .~ ~ z 3 0"1~ A ~ 3 A ~.. d 3 ".. 7 0 ~ ~ ~ 'a ^ ~° s vn r Qua 3 n A 7 ~ 9 3.c A... ~ A) "~ ~~~ • 7 ~ v 0 rD ~ ~ 0 rD' ~ ~ 0 rD ~ ! ~ 0 7 7 ~ ~~ O X ~ o rD~ ~ Vi 0 ~ ~~~! ~ 1/1 ~ 3 ~ A Q -+ ~ " w~ ~ ~C{1~ 'r ~'~ ~ 3 rt " G c `° ~ ~~ oJi 3 ~ c _ °' °' 3 A r c T ? d? ~sa cn 7 ~ °a roN 3~~ d z A~ n ~ ~ ~~ ~ v a c v n ~ d A 9 m g~ ' _ ~ w o. ° ' ~ ~~ ~~ °"d ~3 7a~ v ~'a~ '~ ~ ~ na f.~ ~' " v ^ 3 a7 °~ 3 fo ~'~ ~fo ~a" a A ~ ~ 0~ ~ c a a~ c o o I A a a o ' ~ . 7 ~" J ~ f ~ f 1 ~ ~ o 3 ~"v, ~,., ~ ~ x I s .~ 0 3 i u 7 n i Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 7F ITEM TITLE: Police Department: Vehicle Donation From City of Meridian to City of Bonners Ferry MEETING NOTES ,. _ ~-~4 ~,~.. CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO BENT TO AGENCY SENT TO NOTES INITIALS STAFF APPLICANT uW. ~ N m H ~ g F ~ , N ~ o w O °- z o ~ o 0 Q ~ D ,~ ~ (~ .t ~ ? ~ Q V LL N ~ O _ V a ~ c~~a ~ ~ ~ LLi U c ° o '~ Q Z °o_ ~ _ L? ~ ~ ~ ~// ~ .LL 0 o ~ ~ Z ~ ~ M a0 a o~ ~ Q a ~ W ~ r O O N V z U V Z W ~ t= O. a 3 a ~ OC ~ o Q y '~ G ~ L ~ ~ ~ ! r./1 (_J M o O O y N Q Q 0 ~ 'O ~ a a ~ ~ J Q ° ~ C ~ H ~ ~ g ~ a C'! M ~t~so~s~Q 0 b .~ ~~ m ~ o 0 r 'C1 C V d m c C O m m s d 0 3 m v ~ ~ t ~ ~ > W 4 t A m F m .. ~ a c .~ Ip '~' 0 .. ~ ~ ~ ~ ~ o ~ .. Q .. am~N~o c ~a~~~~ = m ~ c c ~ O C ~ lG w. O. ~ fD ~., .C m 70f]CF-UR NM~tAtO 0 ~"' W NW~/ LL Z ~_ ~_ 1.1. Q ''Q^^ VJ W 0 a~+ a~ '$ N 3 .G .~ NI ~' a 0 m y O G. N '~ .~ N d .. 0 N '~ C tU O .~ c w a 3 0 C a a t0 O C a :~ is c t~ a ~_ ~. o ~i _ ~ a ¢ °~' ~ ~ Q1 ~ "d m N ~ ~ ~ `) - ~ ~ .. ~ - ~ o OC U N ° ~i' Q. ~ ~ ~ ~ ° _~ ~ ~ c ~ ~ ~ ~ ~ p+~li ~ C NLL mQ o ~ m .° ~ ~ o ~ ~~ ~ c Of o 'C C-~ U .~lnN 0 F°- ~ ~ O ~ aC am r~ c O ~, N N N ~ .J Qw Lt„ ~ ~ m a .-~ m m ~ °~~5.°~~ ca ca Q a ~ min o~cac~.. ~'-oa a~ 33~~00.~- 0 m ~po ~ ~ ~ ~ .... m .... o v ~~m~~o° C C 'C ~ ~ ~ U lL ll. ~O ~. n C UDpWp't7'ls. 0 ~_ h lb m H .~ a a U .~ m y ~ ~0 ~ 3 a o~ :~ Q a ~~ ~~ ~~ ~ ~ m J ~ O y .g .~ m U ~ a~ ~~ Q m m 0 c~ .~_ ~~ V ~ ~ ~ O aU Qc ~ D ~ m a ~ ro Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 7G ITEM TITLE: Public Works: Discussion Continued from August 10, 2010: Update on Meridian and Main Split Corridor Phase II MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO AGENCY SENT TO NOTES INITIALS STAFF APPLICANT ~~i~E IDIAN~-- PL1bI1C IDAHO Works Departazent Mayor Tammy de Weerd ct~,r ca~.n Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: July 16, 2010 SUBJECT: UPDATE ON MERIDIAN AND MAIN SPLIT CORRIDOR - PHASE II I. DEPARTMENT CONTACT PERSONS Tim Curns, Transportation and Utility Coordinator 489-0342 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 II. DESCRIPTION Back r~, ound Over the past year, Public Works and Planning staff have been holding regular meetings with ACRD for the design of the Meridian and Main Split Corridor Phase 2. The venue has served as an important means to work through issues related to the design and to coordinate City utility work with the roadway project, which will be incorporated into an interagency agreement at a later date. Design is now essentially complete and right-of--way for the project will be purchased over the next two years. At this time, construction is still programmed to begin in 2013. Update on RoadwaX Design Adam Zaragoza, ACHD Project Manager, will be present at the Council workshop to highlight the main features contained in the design and to be available for any questions. Some of the items Adam will touch on are: 1 of 3 Features to note: o Pedestrian refuge island at City Hall o Removal of free-right from Main to Fairview o Islands at the railroad crossing o Drainage pond site behind Albertsons Vacant parcels at the "Cross-over" Locations of total take parcels Lighting design by MDC Possibility ofday-lighting Ninemile Creek Downtown Bicycle Connectivity Downtown Meridian serves not only as an attractant for cyclists, but as a link between employment to the south and housing to the north. The Downtown Meridian Transportation Management Plan speaks to the need to improve cyclist and pedestrian connectivity to the Downtown from surrounding azeas. The ACHD Roadways to Bikeways Plan has specifically identified needed bike lane and route improvements for Meridian Road, Main Street, E. 3rd Street and Ada Street. However, the Phase 2 Split Corridor design does not include any bicycle treatments. The need to accommodate cyclists riding both to and through Downtown is not currently addressed by the Project. Phase 1 of the Split Corridor Project did construct a multiuse pathway on the east side of Main Street from Central Drive to Franklin Raad. Per the Downtown Meridian Transportation Management Plan {DMTMP), the crass-section for Meridian Road does not include bike lanes as the additional right-of--way requirements would have significant impacts to already impacted properties. City staff had requested ACHD consider extending the multiuse pathway along Main Street, north from the current terminus at Franklin. This option was deemed unsafe by ACRD staff due to the frequency of business driveways along Main Street. In an effort to find an alternative solution that addresses the needs of both casual and commuter cyclists, City staff proposes the following improvements be constructed in tandem with the Split Corridor project to create a complete project (see attached map}: Widen deficient sidewalk and stripe bike lane on Main St from Franklin to Ada St Bike lanes on Main St from Ada to Broadway Bike route {bikes share travel lane) on Main St from Broadway to Fairview 2 of 3 Bike route from Main/Ada intersection, east on Ada, then south on E. 3rd to Franklin (to re-route bike traffic around one-way section) New "HAWK" signal at E. 3`d and Franklin o Requires sidewalk improvements along Franklin, from Storey Park entrance to E. 3`d City staff is seeking input from Council before making an official request to ACHD for the improvements listed above. Because the addition of the bike lanes on Main Street, between Broadway Ave and Ada Street would remove on-street parking, outreach was conducted with affected businesses. Staff will be sharing the results of the outreach to aid Council in decision making. III. LIST OF ATTACHMENTS A. Split Corridor Phase 2 -Proposed Bicycle and Pedestrian Facilities B. Roadway Improvement Overview Map Approved for Council Agenda: of 3 Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 7H ITEM TITLE: Public Works: Update on Memorandum of Understanding with Ada County Highway District MEETING NGTES V CLEJ4KS OFFICE FINAL ACT10N DATE; E-MAILED TO SENT TO AGENCY SENT TO NOTES INITIALS STAFF APPLICANT MEMORANDUM OF UNDERSTANDING City of Meridian and Ada County Highway District The City of Meridian (City) and the Ada County Highway District (ACRD), in striving towards a strong and complementary working relationship, created this document to describe and define the duties and responsibilities of each party's role in the construction of City and ACRD capital improvement proj ects. Upon approval by both the City and the ACH into the policy and procedure manuals of the upon roles and responsibilities are not forgott 1. Overlay Projects The ACRD shall Once the ACRD list will be provic for the City to co This will lessen t rdinate UGIGI to thf uct n September 2010 ~.. ~ N notice o ned whi ity. The burden on the his Memorandum shall be incorporated ective parties to ensure that the agreed wer time. y improv pavement. ~~. ~~ w~~.~ ~~~x, s, rojects with the City Engineer. ire to be overlaid a comprehensive ~n effort will provide opportunities vents before the overlay project. lic and help to prevent cuts in new The City understands that it is the practice of the ACRD to pay for adjustments to new grade of existing manholes, located within the ACRD right-of way, as a result of ACRD work. The City has requested that the ACRD consider expanding this practice to additionally include water features. Should the ACRD Commission approve the requested practice the following shall be the process for adjustments to grade when the City is not doing work in conjunction with an ACRD project. When the City is doing work in conjunction with and ACRD project, the City will pay for costs to adjust water and sewer features to grade. Features for which the ACRD will pay for adjustments are limited to manhole rings, concrete collars, valve covers, sewer clean-outs, and air release valves. The ACRD shall coordinate inspections with the City to assure compliance with the latest version of the Idaho Standards for Public Works Construction (ISPWC), ACRD Supplemental Specifications, and City Supplemental Specifications. The City inspector shall be notified immediately if a sewer or water utility feature requiring adjustment is found to be defective. The City inspector and the ACRD inspector will work together to determine the cause of the defect and work towards a solution for replacement. If the defect was pre-existent, the City Page 1 of 6 MEMORANDUM OF UNDERSTANDING FEBRUARY 2010 inspector shall provide documentation to the ACRD approving the replacement and reimbursement of the defect and provide reimbursement of the full cost of such replacement. If the defect was caused by the adjustment work of the ACHD, the ACHD shall pay the cost of replacement. 2. Change Orders on Joint Construction Projects In an effort to reduce delays to construction during the change order process, the following shall be added to two-party (cooperative) agreements: The City, the ACHD, and the contractor shall address potential change orders (PCO's), regarding City's portion of the work, at weekly construction meetings. At that time, the City prof ect manager or inspector will provide input to the contractor and the PCO will be given a unique number. Should the PCO need to be escalated to a change order (CO), ACHD construction staff and the City inspector will work with the contractor in preparation and submittal to the City project manager for approval. 3. Clearance between City Utilities and ACHD Storm Water Facilities To ensure that State required clearances are met, the ACHD Utility Coordinator will transmit plans during all phases of design to the City engineer. The City will return comments to the ACHD by the review dates requested and attend any project meetings necessary to resolve conflicts. The ACHD will attempt to design facilities to limit impacts to City facilities. If necessary, the City facility will be During installations of ACHD storm water facilities, in situations and locations where City utilities are being (re)constructed, aCity inspector shall insure that State required separations from identified water supply pipelines are achieved prior to backfill being allowed by ACHD. 4. Potholing of Utilities In an effort to proactively address potential utility conflicts, the City and the ACHD agree to conduct potholing of utilities for conflicts during the design phase. In situations where the design of a City Capital Improvement Project is to be included with an ACHD project, the ACHD will conduct potholing of City Page 2 of 6 MEMORANDUM OF UNDERSTANDING FEBRUARY 2010 utilities at agreed upon locations and the City will provide complete reimbursement. In situations where the design of a City Capital Improvement Project will not be included with an ACHD project, the ACHD will conduct potholing of City utilities at agreed upon locations and the ACHD will provide complete reimbursement. After the design has been updated with the results of the potholing, if it is not practical to alter the design to avoid adjustments of City utilities then the City shall pay for that portion of the potholing costs. 5. Emergency or Unplanned Alterations of City Utilities The City realizes that emergency or unplanned alterations of City utilities may need to take place during construction of both joint and roadway only projects. The City understands the need for a timely response when these situations arise in order to lessen delays to the construction timeline and impacts to the traveling public. In the event that a public safety emergency with City utilities, the ACHD shall call the City emergency hotline so that a City operator or representative can be dispatched. The ACHD understands that the City will make all reasonable attempts to provide assistance, but does not guarantee on-call inspection and project management services. The City does, however, guarantee an operator or representative in the event of a public emergency. Under no circumstances shall the ACHD's contractor or the joint contractor under direction of ACHD alter any City infrastructure (excluding adjustments to grade for paving), turn any water main valves, or affect sanitary sewer flows without written approval from the city. Only a certified water operator working for the City may turn water valves. In the event that night or weekend work involving City utilities is anticipated, after hours inspection can be arranged through the City with proper advanced notification. If the City is given advanced notice of 72 hours but inspection services are not provided, the ACHD will stop work and the City shall pay all contractual delay costs associated with the unavailability of the City. The ACRD shall make it clear to their contractor that work outside of normal hours, which results from the contractor falling behind on the contract schedule, will require contractor to pay inspection fees assessed by the City. 6. Private Water and Septic Systems Affected by Roadway Construction City ordinance requires properties within the City to connect to municipal water and sanitary sewer when a main is available within 300 feet of the property line. The Central District Health Department will deny a permit to upgrade or replace wells and/or septic systems if City services are available. When construction of roadway improvements renders private water and/or septic systems useless, and it Page 3 of 6 MEMORANDUM OF UNDERSTANDING FEBRUARY 2010 7. is not feasible for the ACHD to relocate or repair the private systems, then the following shall occur: Incases where both water and sewer are available within 300 feet, the ACHD shall pay to construct water and sewer connections for affected properties and shall pay associated water and sewer assessment fees and annexation costs if applicable. During right-of way negotiations, the ACHD shall inform the property owner that the City will require them to sign an agreement and consent to annex if the property is not already in the City. Incases where only one service is available within 300 feet, the ACHD shall pay to construct that service and pay associated assessment fees. The ACHD shall inform the property owner that the City will require them to sign an agreement to take the other service when available and consent to annex if the property is not already in the City. ~f ~. w ~~~: y~L a,,.: Inspection Journals and Test Results Under standard cooperative agreements, compaction testing for the area over the pipe zone is provided by ACHD with reimbursement from the City. Standard cooperative agreements also require the City to provide the ACHD copies of appropriate tests and diaries, upon request, to ensure that the pipe zone stability is not compromised. In order to ensure that testing for the area over the pipe zone has been conducted, the ACHD shall provide copies of compaction tests to City. ~,:: . s ,t,~lit' ,;,...,, .. . . , . ,., Page 4 of 6 MEMORANDUM OF UNDERSTANDING FEBRUARY 2010 This memorandum is hereby adopted and made effective by both parties: ATTEST: ADA COUNTY HIGHWAY DISTRICT By: BY~ William J. Schweitzer Sherry R. Huber Director President ,Board of Commissioners ATTEST: CITY OF MERIDIAN By: Jaycee Holman City Clerk STATE OF IDAHO ) ss. COUNTY OF ADA ) By: Tammy de Weerd Page 5 of 6 Notary Public for Idaho Residing at ,Idaho My commission expires: MEMORANDUM OF UNDERSTANDING FEBRUARY 2010 On this day of 2009, before me, the undersigned, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,- Notary Public for Idaho Residing at ,Idaho My commission expires: END OF DOCUMENT Page 6 of 6 Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 71 ITEM TITLE: Public Works: Strategic Plan Update MEETING NOTES J CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO AGENCY SENT TO NOTES INITIALS STAFF APPLICANT Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 7~ ITEM TITLE: Public Works: Backflow Prevention Update MEETING NOTES J CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO BENT TO AGENCY SENT TO NOTES INITIALS STAFF APPLICANT Meridian City Council Meeting DATE: September 14, 2010 ITEM NUMBER: 7K ITEM TITLE: Public Works Department: Approval of Additional Reimbursement for Employee Crystal Green's Tuition Expenses For aNot-to-Exceed Amount of $500.00 MEETING NOTES ~P CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO AGENCY SENT TO NOTES INITIALS STAFF APPLICANT Cj~E IDR IAN-~- IDAHO / Internal Memorandum TO: Tammy de Weerd, Mayor Members, City Council FROM: Tom Barry, Public Works Director DATE: September 7, 2010 RE: Request for Tuition Reimbursement: Crystal Green Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Recommendation: Approve an educational tuition reimbursement request of $500.00 for Crystal Green in accordance with City Policy 5.4. Background: For the past year, Crystal Green has been employed as is a laboratory technician at our wastewater facility. She has been enrolled in the Master of Science program at Boise State University seeking a degree in Environmental Science with emphasis in Water Quality. She is an outstanding employee and has made many contributions to our organization. For the past three semesters, we have provided Crystal tuition reimbursement assistance. During this fiscal year, we have paid $1,000 tuition reimbursement as allowed under Policy 5.4. She is enrolled in another master's level course and is requesting we fund an additional $500.00 this fiscal year which only the City Council can approve. We consider her desire for an advanced education in the environmental field not only to be in the best interest of her educational pursuits, but in the best interest of the City of Meridian. All the courses she has taken are not only related to her job, but are an integral part of her future development as an employee in the City. We have the funds in our Departmental training budget to cover the reimbursement expense as requested. Because of her value to us as an employee as well as her desire to advance her knowledge, which will positively and significantly impact our operations, I recommend you approve the tuition reimbursement request of $500.00 for this fiscal year. Attachments: 1. Application for Education Assistance 2. City of Meridian Standard Operating Policy and Procedure 5.4 Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org Employee Name (Leaf. First, MI) Emp. # .. Sodal Security Number Departrnent Name of school you plan to attend: l~~>~~'~° ~ ~~ /_A}t~ ~~'~-~~.~ f~'~rFSr~~a,~~ Address: ~~ ~ ~ /-~~~J-KiN ~~CI /I~ ~s~c~•-.~ i1~ Ste ~ 5~~..3 -'' `CHE CKOI~te Type of Program: Semester: Degree Program C7 Winter Certificate Program ^ Spring D Non-degree program ~ Summer F811 Sp Dspr~dCer~ticate: {AA,t3A,Ml~A, AAc~r. CEitt„ arc) Moor. ,.s'T~ ~~ ~ iF-NfF ~N~/l~ir~~~-rl~~ Xi~Yl~= -6~'y~~ ~~>~Li r '::CWRSIIES _... 1 i~ s~ - Yi From: (~ 2~ 1 C To: ~ 3 ,~ e: i ~ •- , 2) From: To: 3) From: To: Tt`7rAc-L G~`~" = O o Total r istration and tuition cost semester: S ~ ~ n ~ ~ ~s c~ c t E,z., , a s . L/ E xp lain how the course(s) is job related: / is ~~~/r~s~ ~s p~~;,~ ~,c ~y ~b,~~ ~ ~ ~ /°~~~e'~~6/~ C ~"~~i 'Z~ ~N /1IS l~F ~i~!/1,Z'~,~~~/!/77`I'_ ~Cj€~~ ~ f'I~JT/'~ vY~i~2 - ~~ r`l ~a~~-v~,.ya~-~,~I~s. ~- • L.it ;"; t '"i V9.( '.~%. -~-"c ~: ~-a ~n-.,c1 .' _. dK'!' 1 ~.3~3Sf3. - _ .. g .: ~xWS. - ?. ~ a.. -4s ~1~ - T: -ti`p';' . ~'~• ?tsl~:: .. ..__ -.. ~ ~...:~ 1 understand that 1 will be r+~imbursed under the City's Class(s) do relate to the employees curt+ent position or is a educatbnal assistance program, provided that I am still part of a degree program. employed by the City and upon proof of satisfactory compie each ~ S10NATURE DATE I~-ARrNIENT HaAD SKiMATUtiE Data ,. ,: , . FOR ~AC.COtlt~1T ,. ING;.Ut36 tJNLY' : ~ . . ; ^ Grade{a) and receipts attached Amount Due: Account Number: Check # Date issued: Human Resources roved: Date: Accounts Payable -White Human Resources -Yellow Employee- Pink HR-019 7/02 ~~s *~~ CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.4 SUBJECT: EDUCATION REIMBURSEMENT PURPOSE: To establish guidelines regarding educational reimbursement provided by the City. POLICY: The City will assist regular full-time employees by contributing to the cost of approved courses taken at accredited institutions as outlined within this policy. AUTHORITY & RESPONSIBILITY: Application for tuition reimbursement must be submitted to the department head for approval, and thereafter forwarded to Human Resources for processing. PROCEDURES AND RELATED INFORMATION I. The City encourages employees to expand their knowledge and skills through participation in outside educational programs during non-working lours. II. The City will assist regular full-time employees by contributing to the cost of courses taken at accredited institutions. The City will reimburse $SW.QO per semester up to $I,OAO,t)Q per accounting fiscal year far registration, tuition, fees end books. Travel and similar miscellaneous expenses are not reimbursable. I)eeartmellt star may consider re~etttent in excess of Sl0aA.00 f~ re~~n. tuiti®n. fees and bo®ks with apps v the 1VIay,Qr and the Ci~,y Council. T~ funding~~Y tonal reimbursement must come from the department's cuixent budeet for training. III. All courses must be directly related to an employee's job, be considered of value to the employee's future development with the City, or be part of a degree program which relates to the employee's present position or future development within the City. ~'o~,g.b e~fq}~ ~~ ansem~t~je cu~g~ mast, be annrov~i ~ ~dv~nce of p~r~icination by the dcaartment head. IV. To qualify for education reimbursement, an employee must be employed with the City for six (6) months. To receive reimbursement, an employee must be on the payroll at the time the course has begun and completed. The course must be completed with a passing grade of C or better or a P on pass/fail basis. Reimbursement will be made after the successful completion of the course(s). Copies of grades, receipts for tuition, books, and fees must be submitted with the reimbursement request. V. Contact the Human Resources Department for the education reimbursement form.