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HomeMy WebLinkAbout2010 11-09~E IDIAN CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, November 9, 2010 at 5:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda 3. Executive Session per Idaho State Code 67-2345(1)0 - To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session: 5:02 p.m. Out of Executive Session: 6:15 p.m. Adjourned: 6:15 p.m. Meridian City Council Pre-Council Meeting Agenda -November 09, 2010 Page 1 of 1 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,~- ~/ CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, November 9, 2010 at 5:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. 3. Adoption of the Agenda ~ra~/~ ILe~~{-tom Executive Session per Idaho State Code 67-2345(1)(f) - To Consider and Advise Its Legal Representatives in Pending Litigation ~~ ~~ ~r0.~ 1~-~ ` 5 ~ ~~... Ocr1~ B ~3 ~ ~d ~ ~n ~,n-~-~--.e~ ~ : ~~ r~ Meridian City Council Pre-Council Meeting Agenda -November 09, 2010 Page 1 of 1 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 Pre-Council Meeting November 9, 2010 The Meridian City Pre-Council meeting was called to order at 5:00 P.M. on Tuesday, November 9, 2010 by President Councilman Charlie Rountree. Members Present: Keith Bird, Charlie Rountree, David Zaremba and Brad Hoaglun. Staff Present: Jacy Jones, Bill Nary. Item 1. Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Hoaglun: I move we adopt the agenda. Bird: Second. De Weerd: A motion and a second to approve the agenda. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Executive Session per Idaho State Code 67-2345(1)0 - To Consider and Advise Its Legal Representatives in Pending Litigation Bird: I move we go into Executive Session per Idaho State Code 67-2345(1)(f). Hoaglun: Second. De Weerd: It has been moved and seconded to go into Executive Session. All those in favor. Roll Call Vote: Hoaglun, aye; Rountree, aye; Bird, aye; Zaremba, aye. ALL AYES. MOTION CARRIED. (Into Executive Session at 5:02 p.m. and out at 6:15 p.m.) Bird: I move we adjourn the Executive Session. Rountree: Second. De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor. ALL AYES. MOTION CARRIED. De Weerd: I will entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: A motion and a second to adjourn. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:15 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: i 1 ~ ~3 ~ ~O TAMMY D ERD, MAYOR DATE APPROVED .,~• ~`~. ~~ C3' ~oF~~4 TF ~''- ATE TEl~3• ~~~L `JAYCEE HOLMAN, CITY CLERK ~~i/ ~ `OP ``\\~ ~''~~, C~UNT't \\~.~~ 'f'~iri+~~i ii~~~~~~ (~E IDIAN CITY COUNCIL WORKSHOP MEETING AGENDA UPDATED AGENDA Tuesday, November 09, 2010 at 6:00 PM Meeting Commenced at 6:15 PM 1. Roll-Call Attendance David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda 4. Proclamation A. Idaho Non-Profit Awareness Month Proclamation 5. Consent Agenda A. Approve Minutes of October 26, 2010 City Council Regular Meeting' B. Acceptance Agreement: Display of Artwork in Initial Point Gallery, Meridian City Hall between the Idaho Watercolor Society and the City of Meridian C. Joint Use of Storage Space and Hold Harmless Agreement Between Meridian Development Corporation and City of Meridian D. Memorandum of Agreement Between Joint School District No. 2 and the City of Meridian for Joint Use of Sports Facilities for a Not-to-Exceed Amount of $8,000 E. Memorandum of Understanding with Lynx Investments, LP. as Part of a Sewer Line Replacement Project Meridian City Council Meeting Agenda -Tuesday, November 09, 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. Sanitary Sewer and Water Main Easement Agreement with Lynx Investments, LP G. Approval of Agreement for Hookup to the City of Meridian's Sewer/Water System Outside the City Limits for Jay W. Clow Located at 2301 S. Ten Mile Road H. License Agreement with Nampa & Meridian Irrigation District to Cross the Kennedy Lateral with a Trunk Sewer Line for the Victory Road Sewer Connector Project I. Water Main Easement for Ada County Paramedic Station #36 Located at 3195 North Linder Road J. Amendment to Original Contract Dated August 24, 2009 for Liquid Emulsion Polymer with Weschem, Inc. for aNot-To- Exceed Amount of $112,100.00 K. Award of Bid (IFB #PD-11-10213) for ShoreTel Phone System to VLCM at the Police Department for aNot-to-Exceed Amount of $52,556.35 L. Order for Approval: TE 10-021 Arch Rock Subdivision by CTD Development, LLC Located at 4550 N. Linder Road Request: 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat M. Order and Findings of Fact, Conclusions of Law for Approval: PFP 10-003 for Raisin' Angels Subdivision by Capital Holdings, LLC. Located at 1125 E. Pine Avenue Request: Combined Preliminary /Final Plat Approval of 2 Building Lots on 0.96 of an Acre N. Findings of Fact, Conclusions of Law for Approval: RZ 10-002 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Rezone Approval of 0.43 of an Acre with a C-C Zoning District O. Findings of Fact, Conclusions of Law for Approval: CUP 10- 010 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Conditional Use Permit Approval for a Daycare Center for up to Sixty (60) Children in a Proposed C-C Zoning District Meridian City Council Meeting Agenda -Tuesday, November 09, 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. 6. Community Items/Presentations A. Introduction and Recognition of Police Department Newly Hired and Promoted Officers by Chief Jeff Lavey 7. Items Moved From Consent Agenda 8. Action Items A. Open Public Hearing and Public Comment Period for PY2009 Consolidated Annual Performance and Evaluation Report (CAPER) Regarding the City's Use of Community Development Block Grant (CDBG) Funds B. Open Public Hearing and Public Comment Period for a Substantial Amendment to the Community Development Block Grant (CDBG) 2009 Action Plan 9. Department Reports A. Mayor's Office: Resolution No. 10-753: A Resolution of the Mayor and the City Council of the City of Meridian Establishing the Appointment of Tom Sauer to the Meridian Solid Waste Advisory Commission B. Mayor's Office: Resolution No. 10-754: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Chelsea Mason to the Traffic Safety Commission; and Providing and Effective Date C. Planning Department: Strategic Plan Update D. Public Works Department: Ten Mile Road/Franklin Road to Cherry Lane Project Close Out E. Police Department Report: Discussion Regarding Revisions to the Animal Control Code Adjourned at 7:28 PM Meridian City Council Meeting Agenda -Tuesday, November 09, 2010 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN~-- I {~ f1 Fl t7 CITY COUNCIL WORKSHOP MEETING AGENDA AMENDED AGENDA Tuesday, November 09, 2010 at 6:00 PM ~ ~.. ~~' 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun _~_ Charlie Rountr a ~- Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda ~®~xq~v~n I $ ~Y'~. 4. Proclamation A. Idaho Non-Profit Awareness Month Proclamation 5. Consent Agenda ~ ~ ~g ~ ~~~ ~ ~ v-a A. Approve Minutes of October 26, 2010 City Council Regular Meeting B. Acceptance Agreement: Display of Artwork in Initial Point Gallery, Meridian City Hall between the Idaho Watercolor Society and the City of Meridian C. Joint Use of Storage Space and Hold Harmless Agreement Between Meridian Development Corporation and City of Meridian D. Memorandum of Agreement Between Joint School District No. 2 and the C'rty of Meridian for Joint Use of Sports Facilities for a Not-to-Exceed Amount of $8,000 E. Memorandum of Understanding with Lynx Investments, LP. as Part of a Sewer Line Replacement Project Meridian City Council Meeting Agenda -Tuesday, November 09, 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. Sanitary Sewer and Water Main Easement Agreement with Lynx Investments, LP G. Approval of Agreement for Hookup to the City of Meridian's Sewer/Water System Outside the City Limits for Jay W. Clow Located at 2301 S. Ten Mile Road H. License Agreement with Nampa & Meridian Irrigation District to Cross the Kennedy Lateral with a Trunk Sewer Line for the Victory Road Sewer Connector Project I. Water Main Easement for Ada County Paramedic Station #36 Located at 3195 North Linder Road J. Amendment to Original Contract Dated August 24, 2009 for Liquid Emulsion Polymer with Weschem, Inc. for aNot-To- Exceed Amount of $112,100.00 K. Award of Bid (IFB #PD-11-10213) for ShoreTel Phone System to VLCM at the Police Department for aNot-to-Exceed Amount of $52,556.35 L. Order for Approval: TE 10-021 Arch Rock Subdivision by CTD Development, LLC Located at 4550 N. Linder Road Request: 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat M. Order and Findings of Fact, Conclusions of Law for Approval: PFP 10-003 for Raisin' Angels Subdivision by Capital Holdings, LLC. Located at 1125 E. Pine Avenue Request: Combined Preliminary /Final Plat Approval of 2 Building Lots on 0.96 of an Acre N. Findings of Fact, Conclusions of Law for Approval: RZ 10-002 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Rezone Approval of 0.43 of an Acre with a C-C Zoning District O. Findings of Fact, Conclusions of Law for Approval: CUP 10- 010 for Raisin' Angels Subdivision by Capital, bill Holdings, LLC Located at 1125 E. Pine Avenue Request: Conditional Use Permit Approval for a Daycare Center for up to Sixty (60) Children in a Proposed C-C Zoning District Meridian City Council Meeting Agenda -Tuesday, November 09, 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. 6. Community Items/Presentations A. Introduction and Recognition of Police Department Newly Hired and Promoted Officers by Chief Jeff Lavey Deputy Chief Tracy L. Basterrechea will be presenting 7. Items Moved From Consent Agenda 8. Action Items A. Open Public Hearing and Public Comment Period for PY2009 Consolidated Annual Performance and Evaluation Report (CAPER) Regarding the City's Use of Community Development Block Grant (CDBG) Funds `~-}~ `~~ ~e c~rvt ~.~ ~1o SQ- ~~/ h~ a n ~ec~ m'~e..~ 1 ~ ~ B. Open Public Hearing and Public Comment Period for a Substantial Amendment to the Community Development Block Grant (CDBG) 2009 Action Plan ~}~ fir- ~ e c~ rv-~ ~ 9. Department Reports ~ A. Mayor's Office: Resolution No. Proposed # 10-753: A Resolution of the Mayor and the City Council of the City of Meridian Establishing the Appointment of Tom Sauer to the Meridian Solid Waste Advisory Commission B. Mayor's Office: Resolution No. roNOSed # 10-754: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Chelsea Mason to the Traffic Safety Commission; and Providing and Effective Date ~Rv~~k~ee.~-zc~~emb~ - 14`~P~v~ C. Planning Department: Strategic Plan Update r A ~,~o~ CCL r~Y1 ~v1 \ D. Public Works Department: Ten Mile Roa /Franklin oad to Cherry Lane Project Close Out - ~ph r~ `30~1~ E. Police Department Report: Discussion Regarding Revisions to the Animal Control Code ~v_~.c~~ ~~S~r2C~-. ec~ q 1 l ~ ~cer ~~11 t\1a~~ r ~ r c c~c ~(c- ~ neX~- rn ~-q ~r ~~-rS ~ r eSe.~+ ' b ~ 11 N E~ I S-F read ~ ~t c'~ ~ .l vv~e~', ~-1-r~~ Cc~~ntnq ~~~ ~-e S~Iv c~ ~-, cam ~~~~~.-~ ~accj ~c.~S-4-~,'~'r~e~-,~' Meridian City Council Meeting Agenda -Tuesday, November 09, 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 Citv Council Workshop Meeting November 9, 2010 A Council meeting of the Meridian City Council was called to order at 6:15 p.m., Tuesday, November 9, 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, Jacy Jones, Anna Canning, Pete Friedman, Joe Silva, Tracy Basterrechea, Rick Dees, John Boyd, 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: Thank you all for your patience in our late delay -- or our delayed beginning of our regular meeting and welcome. It is, for the record, Tuesday, November 9th. It's 6:15. I will start tonight's meeting with roll call attendance. Madam Clerk. 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: Lost in thought there for a moment. Sorry about that. Under tonight's agenda }ust want to point out some additions under Item 9, Department Reports, 9-A is resolution number 10-753 and 9-B is resolution number 10-754. And with that, Madam Mayor, I move adoption of tonight's agenda. Bird: Second. Rountree: Second. Meridian City Council Workshop November 9, 2010 Page 2 of 24 de Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Proclamation A. Idaho Non-Profit Awareness Month Proclamation de Weerd: Item No. 4 is a proclamation for the Idaho Nonprofit Awareness Month and I will ask Joey Schueler and I see we have some members of the Boys and Girls Club, if you will join me at the podium. I will read this proclamation and, then, I would like to present it to the members of one of Meridian's nonprofits, the Boys and Girls Club -- the Meridian Boys and Girls Club. Thank you for being here. Okay. Whereas nonprofit organizations help build and sustain healthy communities in our state while enhancing the quality of life for Idahoans and for others throughout the country and whereas thousands of nonprofit organizations based in Idaho contribute significantly to a viable economy by providing Idahoans with jobs, goods, and services with expenditures of more than two billion dollars and whereas Idaho's nonprofit leaders are often entrepreneurs creating new solutions to problems and will fill previously unmet needs in areas of health, recreation, education, research, arts, social services, and more and whereas the nonprofit sector works as a responsible partner with private enterprise and government to alleviate the most pressing social issues of our time and whereas nonprofit organizations often fulfill their missions by advocating on behalf of those who cannot advocate themselves. Therefore, I, Mayor Tammy de Weerd, City of Meridian, do hereby proclaim November 7th through the 13th as Idaho Nonprofit Awareness Week in the City of Meridian and I encourage all of our citizens to recognize and continue to support the nonprofits in our community and this is signed the 9th day of November 2010. So, I would like to present this to -- I would like to present this to you, Joey, and the members that you brought here with you tonight. Schueler: Madam Mayor, Members of the Council, and guests, just want to thank you for this honor to be able to represent nonprofits in Meridian and thank you for your dedication to nonprofits based here in the city and preserving the quality of life that you set such high standards for the city. Thank you. Item 5: Consent Agenda A. Approve Minutes of October 26, 2010 City Council Regular Meeting B. Acceptance Agreement: Display of Artwork in Initial Point Gallery, Meridian City Hall between the Idaho Watercolor Society and the City of Meridian C. Joint Use of Storage Space and Hold Harmless Agreement Meridian City Council Workshop November 9, 2010 Page 3 of 24 Between Meridian Development Corporation and City of Meridian D. Memorandum of Agreement Between Joint School District No. 2 and the City of Meridian for Joint Use of Sports Facilities for a Not-to-Exceed Amount of $8,000 E. Memorandum of Understanding with Lynx Investments, LP. as Part of a Sewer Line Replacement Project F. Sanitary Sewer and Water Main Easement Agreement with Lynx Investments, LP G. Approval of Agreement for Hookup to the City of Meridian's Sewer/Water System Outside the City Limits for Jay W. Clow Located at 2301 S. Ten Mile Road H. License Agreement with Nampa & Meridian Irrigation District to Cross the Kennedy Lateral with a Trunk Sewer Line for the Victory Road Sewer Connector Project I. Water Main Easement for Ada County Paramedic Station #36 Located at 3195 North Linder Road J. Amendment to Original Contract Dated August 24, 2009 for Liquid Emulsion Polymer with Weschem, Inc. for aNot-To- Exceed Amount of $112,100.00 K. Award of Bid (IFB #PD-11-10213) for ShoreTel Phone System to VLCM at the Police Department for aNot-to-Exceed Amount of $52,556.35 L. Order for Approval: TE 10-021 Arch Rock Subdivision by CTD Development, LLC Located at 4550 N. Linder Road Request: 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat M. Order and Findings of Fact, Conclusions of Law for Approval: PFP 10-003 for Raisin' Angels Subdivision by Capital Holdings, LLC. Located at 1125 E. Pine Avenue Request: Combined Preliminary /Final Plat Approval of 2 Building Lots on 0.96 of an Acre N. Findings of Fact, Conclusions of Law for Approval: RZ 10-002 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Rezone Approval of Meridian City Council Workshop November 9, 2010 Page 4 of 24 0.43 of an Acre with a C-C Zoning District O. Findings of Fact, Conclusions of Law for Approval: CUP 10- 010 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Conditional Use Permit Approval for a Daycare Center for up to Sixty (60) Children in a Proposed C-C Zoning District de Weerd: Thank you. Item No. 5 is the Consent Agenda. Hoaglun: Madam Mayor, there are no changes to the tonight's Consent Agenda, so I move approval of the Consent Agenda and the Mayor be authorized to sign and Clerk to attest. Bird: Second. Zaremba: Second. de Weerd: I have a motion and a second to approve the Consent Agenda. If there is no questions, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Introduction and Recognition of Police Department Newly Hired and Promoted Officers by Deputy Chief Tracy Basterrechea de Weerd: Item 6 under Community Items/Presentations, I am pleased to recognize Deputy Chief Tracy Basterrechea and ask him to introduce some of our police officers that will be officially or ceremonially -- ceremonially? That was a good word. Ceremoniously swearing in this evening. Basterrechea: Thank you, Madam Mayor, Members of the Council. First I'd like to point out the chief would -- he can't be here tonight, he would really like to be here. Most of you know he enjoys talking about the men and women of the Meridian Police Department and I get the honor tonight. Unfortunately, he's had a death in the family and he won't be here. He did want me to pass on to all of you that he really appreciates all of your thoughts and prayers that you have sent out to him. The first thing I'm going to do is I'm going to announce some of our new hires. We have two officers who are brand new officers. They are currently in the police academy and I will call them up and Meridian City Council Workshop November 9, 2010 Page 5 of 24 have them just step right up here. The first is Shaun Eichmann and Shaun actually comes to us from the Ada county dispatch. He was a dispatcher prior to getting hired on with us. And next is Scott McKinney and he is an engineer, right? A little -- I don't know why he's doing this, but -- de Weerd: It's not for the money. Basterrechea: The other two new officers that we have are new to the Meridian Police Department, but they are not new to law enforcement. They are lateral transfer officers and the first of them is Rick Brockbank. He comes to us from Caldwell. And Jake Durban from Garden City. The next group of officers that I would like to introduce to everybody our newly promoted officers and I will tell you that we have had a lot of promotions within the Meridian Police Department within the last few months and we are very, very excited about the promotions that we have made. The chief and I and the command staff really believe that these gentlemen that we are going to introduce to you here to tonight are going to bring a new level -- take us to the next level tactically and in delivering the services that our citizens deserve and should demand and we believe that these officers or the officers that they are going to be, will be able to take us there. First I'd like to have newly promoted Corporal Mark Ford. Corporal Chris Figal. Corporal Jeremy Lindley. Sergeant Chris Simms is not here, he's elk hunting. I don't blame him. Sergeant Branden Fiscus. And Sergeant Shawn Harper. And, Mayor, if you would lead them in the oath of office. de Weerd: Even though it's ceremoniously, I appreciate the opportunity to stand in front of you this evening. It's an honor for me. So, if you will raise your right hand. I think this is my right hand. And when I say state your name, if you will insert your name that would be good. I, state your name, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the state of Idaho. I'm glad you practiced. And the laws and ordinances of the City of Meridian. And that I will abide by the Law Enforcement Code of Ethics. And the policies and procedures of the Meridian Police Department. That I will obey the lawful orders and directives of those appointed over me. And that I will, to the best of my ability, faithfully discharge all the duties of the office of police officer in and for the City of Meridian, Idaho, so help me God. (Repeated by officers.) de Weerd: Thank you. I can say that I know you don't hear it often enough, but we appreciate the service that you provide our citizens and our city and that you serve our city so well with dignity and honor and I truly mean that. So, thank you for being here this evening. Item 7: Items Moved From Consent Agenda de Weerd: Okay. There were no items moved from the Consent Agenda. Meridian City Council Workshop November 9, 2010 Page 6 of 24 Item 8: Action Items A. Open Public Hearing and Public Comment Period for PY2009 Consolidated Annual Performance and Evaluation Report (CAPER) Regarding the City's Use of Community Development Block Grant (CDBG) Funds B. Open Public Hearing and Public Comment Period for a Substantial Amendment to the Community Development Block Grant (CDBG) 2009 Action Plan de Weerd: So, we will move to Item 8 under Action Items. We have an open public hearing and public comment period for the 2009 Consolidated Annual Performance and Evaluation Report on our CDBG funds and also the open public hearing period for substantial amendment for the Community Development Block Grant 2009 Action Plan. will turn this over to staff. Friedman: Thank you, Madam Mayor, Members of the Council. The first item you have tonight is opening the public hearing and comment period for the CAPER. That's the report that analyzes and highlights the accomplishments and expenditures of our CDBG program over the past year. Normally it's a 15 day comment period, but because you have the other comment period we would like to extend that concurrent with the next public hearing and recommend that you keep the public comment period open and hold the record of the hearing open until December 14th and that is for our annual evaluation and performance report. The second item or the second public hearing item is an amendment to the 2009 action program. It would be to reallocate 40,000 dollars from our 2009 action plan that was earmarked for the MDC facade improvement program. Those didn't go forward and there is a real need for our community center to come into compliance with the ADA and so there has been a reallocation proposed to move the 40,000 dollars over to the community center project. The plans have been completed and, really, this project is ready to go forward in January, so staff was -- there is a 30 day comment period on this, so we are recommending that you open public hearing, keep the record open until December 14th and available for comment until that time. de Weerd: Thank you. Any questions from Council? Rountree: I have none. Bird: I have none. de Weerd: Very good. So, you will be back. Friedman: We will be back. de Weerd: Very good. Meridian City Council Workshop November 9, 2010 Page 7 of 24 Hoaglun: Madam Mayor, do we need any formal action to keep the first one open until December 14th or is that by consensus? Because I'm fine with that. de Weerd: I don't believe so. Mr. Nary? Nary: Yeah. I think as long as you open it, that's fine. de Weerd: Okay. We are good to go, then. Friedman: Okay. Thank you. Item 9: Department Reports A. Mayor's Office: Resolution No. 10-753: A Resolution of the Mayor and the City Council of the City of Meridian Establishing the Appointment of Tom Sauer to the Meridian Solid Waste Advisory Commission B. Mayor's Office: Resolution No. 10-754: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Chelsea Mason to the Traffic Safety Commission; and Providing and Effective Date de Weerd: Okay. Under Department Reports, 9-A and B, I do have appointments to two different to commissions. The first one is regarding the Solid Waste Advisory Commission. This will completely fill our SWAC and in front of you today is the appointment of Tom Sauer. He has served on our consulting planning group and we found that he provided excellent and -- excellent feedback. He was dependable and have his name in front of me to place on the Solid Waste Advisory Commission. And, second, is the appointment of Chelsea Mason to the Traffic Safety Commission. Chelsea would be our Youth Council representative and we interviewed her earlier this week and she was very -- very interested in transportation, wants to be involved at the traffic safety level and you probably know her dad a lot better than you know Chelsea and that's Doug Mason. So, Council, I would open myself up to any questions you might have. Rountree: I have none. de Weerd: If there is no questions, I would ask for your confirmation. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve resolutions 10-753 and 10-354. Meridian City Council Workshop November 9, 2010 Page 8 of 24 Zaremba: Second. de Weerd: I have a motion and a second to approve the two resolutions under 9-A and B. Any discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Thank you. MOTION CARRIED: ALL AYES. C. Planning Department: Strategic Plan Update de Weerd: Okay. Our next Item 9-C is our Planning Director Anna Canning for the strategic plan update. Canning: Thank you, Mayor and Council. I am here again this year to present our action plan, very similar to the methodology I used last year. I did, however -- I was using Brenda Sherwood's presentation as my template today and I thought mission statement, now we used to have a mission statement for the planning department back to the old Luthy strategic plan days, so I decided to go dig it up again and this is what it was and it, actually, still rings pretty true. The planning department's mission is to provide property development guidance and direction while administering standards that insure the orderly and harmonious use of land to preserve and enhance the quality of life, property rights, and tax base for current and future generations. So, it's kind of funny you can leave something sit for a few years and you come back and it's like, yeah, that's what we are doing. That's pretty good. I liked it. And even better than that was the vision I thought and it's the department will seek new efficiencies through electronic technology, better public and professional education, updated ordinances that support the community vision and clear guidelines that can guide decisions by elected officials. And I think that as you go through, one, the memo that I submitted to you with your packet tonight and, two, tonight's presentation, you will see that those really are what we are trying to accomplish and through its works the department will help create a community with a sustainable small town atmosphere, a positive progressive image and a reputation for prudent harmonious growth. So, that's enough of the John Luthy days and I'll move onto the new stuff. So, tonight I'm going to talk about some of our accomplishments. I kind of hit those more in the memo than I am tonight -- in tonight's presentation, because, basically, almost everything I told you last year that I was going to do I got done and C'm really proud of that, I'm really proud of my staff. I think we came up with a method of holding one another accountable and it really worked and I'm excited about using that again this year and -- and moving forward with the many things we have planned. So, the accomplishments and action items I've kind of grouped them a tad bit different than they were in the memo, just to kind of speed things along, but I will talk about Destination Downtown, some of our other plans, transportation and transit, grant programs, code amendments, customer service, economic development, training and, then, administrative tasks and fun stuff. Destination Downtown is a great Meridian City Council Workshop November 9, 2010 Page 9 of 24 document. It has got a ton of stuff in there about MDC's vision for the downtown and I was able to take the time to go through that document, compare it to our own kind of goals for the Comprehensive Plan and really come up with a laundry list of many items that we can do to help implement Destination Downtown and really flush out our Old Town designation or just the planning for those areas identified in Destination Downtown. In particular they call out five different areas, traditional city core, Washington and Main district, neighborhood preservation areas, the TOD, which stands for Transit Oriented Development, a cultural district, the southern gateway entertainment and hospitality district and the northern gateway district and that's six, I'm sorry, not five. So, those are the six districts that they call out and what I would like to do with each of those kind of a little mini sub plan -- sub area plan, which would just mean talking with the -- all the property owners, inviting them to a meeting, sitting down saying, okay, this is the vision, how do we get there, what code amendments do we need. You know, what do you need -- what tools do you need as property owners to get you toward that vision. The other plans we are looking at is wrapping up the Comprehensive Plan update. This is one of those items from last year's action plan that slipped a little bit, partly because Matt Ellsworth left, partly because it just slipped a little bit and -- but we are wrapping that up the end of this year, so that it will be done soon. Another plan for next year is the Rails With Trails initiative. Every year we do a little bit of work on that and it's, you know, kind of keeping our shoulder to the grindstone and it's starting to move a little bit. I suspect that Ada county will make us work on our south Meridian future planning area. I think I have mentioned that to you before. I think that that's going to be something that they -- they are going to want to see us do, so we will probably need to spend a little time on that. And, again, the field's district is another one of those that because of the slow down in the economy hasn't been real pressure to work on that, but definitely need to do some additional planning for that area. Moving on. I think I skipped one. No. Moving on to transportation and transit. You know, with regard to transportation I have just been delighted with the way Caleb has taken it over. It's two years into it now and I think he's just doing a phenomenal job keeping everything -- keeping track of everything and making sure everything coordinates and works together and we hope to continue those efforts and even use the website even more to kind of keep people connected. The Destination Downtown had quite a few transit items on there. We want to explore those with MDC and with Council and see where you all want to go with those transit items, but there is a new emphasis at least in looking at those things from Destination Downtown. The grant programs, energy efficiency and conservation, as you know, Pete has been working on that and continues to administer that. It's kind of out into the project managers now that the projects are underway, but he is still kind of overseeing that. And, then, of course, the Community Development Block Grant program, with Lori taking on that as -- as a part-time job was a great decision. I mean she is just tickled to have meaningful part-time work. She doesn't want full-time work, she's been able to catch on really quickly due in large part because Matt left this tremendous guide on how to get that done. He just documented everything that the -- basically the standard operating procedures for the CDBG block grant administration and she's been able to grab that and just really hit the floor running. She brings in many things for me to sign. Every day she comes in. So, she's doing a great job. We have a whole bunch of code amendments. I kind of detailed Meridian City Council Workshop November 9, 2010 Page 10 of 24 them and I can go into more detail, but there is the general housing ones which we always bring in, those are just little tweaks, but we also want to look at daycares, we want to look at the stuff that's called out in Destination Downtown. We want to work with Mr. Silva on a pipeline ordinance. We want to look at -- it's not really code amendment, but some ways to encourage voluntary annexation in those areas where we want to kind of establish a city boundary. Wireless communication is -- needs work. Adult entertainment is in a different section of the code, it probably should be brought into the land use and updated to something other than 1960 standards, which is I think kind of what we are working on now. Same with mobile home parks. That is very antiquated code, it really should be pulled into the land use section. Because they were in different sections I didn't tackle it when we first did the UDC, but Emily Kane and I have been talking about it for a couple years and I think this is probably the year to get it done. We will continue to work on customer service. I don't know if you can read the jokes, but the first -- the internal customer service -- one of the things we want to work on more is those interactive pdfs. A little over a year ago I think we brought in the first one that we did to show off to Council where, you know, you kind of figured out which CZC process you needed to go through and we have really enjoyed those. We did another one for temporary uses that's very helpful. We have one on how long will it take to get through the development process and we just thought of all sorts of different ways we can do more, especially geared toward the customers and even talked to the Mayor about maybe integrating some video if we can in those -- make it really a useful customer service tool for folks. This year we were able to get all our SOPs pretty much done, so where we had had none, truly none, we finally had the chance to sit down and really detail what our standard operating procedures were throughout the office. We are going to need to redo those all once the Accela comes on line, but it should be fairly easy compared to coming up with it the first time and, actually, because we had got them all done this year it made the discussions with the Accela folks much easier, because we could say, well, this is what we do and we just handed all of them to them and so it really streamlined that process of trying to figure out our business model. The courses -- sometime I put it in quotes. We took some time this year to offer planning 101 to anybody that was interested. Some of the directors that didn't know much about planning took advantage of it. Some of the clerks who sometimes didn't understand the whole planning process -- it was just really helpful. We just said, you know, come to us for an hour, we will show you how this works. And they were really well received. So, we kind of want to continue that just to give the people the opportunity to have a little bit better understanding of all the crazy things we are trying to get done and why we are picky about some things. Externally we want the second part of our ambassador program. The first part was with our -- our tried and true customers, those folks that come in time and time again, we were talking to them about, you know, what could we do better, basically. And this other one would be more of going out to those folks who only use the process once, they are only going to do a baby delivery place once in their life and, you know, they come through and have to get the CU. What can we do for those folks to make it less intimidating, to make it smoother, to make it so that, you know, they understand what they can expect at each level and what the financial commitments are as well. And, then, kind of related to that is we are going to spend some time working with other folks in the development services fund to really try and Meridian City Council Workshop November 9, 2010 Page 11 of 24 bridge that gap between planning and building department, because sometimes making that transition is difficult and I think we are looking at it in a couple of different ways. Economic development. I went through Brenda Sherwood's presentation to you all and pulled out the things that kind of relate to planning. Those are pretty basic. So, additional site selection tools on GIS and a guide to starting businesses, the processes, the zoning, any incentives we might get -- be able to offer. So, we will work with heron those and a couple of other smaller projects. And we get to administrative tasks and a few fun things. The administrative tasks are more training on geographic information systems. New templates for findings and orders. Working with other jurisdictions to coordinate our plans. And, then, some of the fun stuff. I want to take one break before that. My favorite thing in the whole CARE is the one that says enjoy your job and do it well and I think that that means so much to the employees that they can come in and know when they come to work that they enjoy their job and that they are expected to do it well and given the tools to do it well. So, sometimes enjoying your job means dressing up as Umpa Lumpas for the day on Halloween. This is last Halloween. And the other things we have planned are a holiday get together with Planning and Zoning Commission. We haven't done anything with them in awhile, so we thought it would be nice after Christmas to do a little thing together. A team building event sometime in the spring. Somebody gave me a 75 dollar Wahoo's gift certificate for some work I was doing for a nonprofit group. It wasn't related to work. So, I'm going to use that and take the -- take staff over to Wahoo's and have some fun in the spring. And we'd like to -- to somehow secure some paint and come in and paint our lobby walls one of these days. We are the only lobby that has no color on the walls, so we thought we might try and do that and maybe even get a new poster for the lobby. So, those are our fun things. So, on my action plan list last year there was about 60 to 70 things to do and, as I said, we got most all of them done or they are largely complete by this time. This year's action plan has closer to 160. So, a lot more. Now, they are a lot smaller some of them. Some of them -- a lot of them came from MDC, so it's just kind of trying to figure out are we already doing this, do we need to do more. But I still think even though we have a lot more items on there we can get them done. This year the one item that was the biggest delayed item was the Comprehensive Plan update, but that will wrap up. Next year of those items on those lists I have put a date next to each of them on when they kind of start or wrap up and there are some that are programmed out for next fiscal year, so they fall into October, November, December of next fiscal year and those are largely some of the Destination Downtown plans, about half of them, and the interactive pdf and all those items rely on the skill set of Brian McClure. Brian is my new -- Matt's other half, so Lori and Brian make up Matt's former full-time position and Brian has a great skill set, he's turning out to be a great worker, just jumps in and gets a whole bunch of work done, but, still, because we have to rely on him for those tasks, it just takes time, because -- to get through that list, because he's only here part time and it only goes so far. So, given that I do have a request for you tonight and this wasn't in the memo. In my current budget I have three part-time positions. One is for Lori and, then, one was for Will and one's for Brian. I would ask if you could give me some guidance or whether you might accept a budget amendment to combine two of those part times into a full time. There are sufficient funds in my budget to cover the salary. The question just becomes is there enough funds to cover the benefits that come along Meridian City Council Workshop November 9, 2010 Page 12 of 24 with afull-time employee. There is a lot left over from the salary to cover it, but I would need about 17,000 dollars. There is a shortfall there -- to pick up the rest of the benefits. I talked with Stacy. In the development services fund balance there is an excess in the amount of the -- if you look at the four month emergency balance necessary, there is still some funds left over and those funds would be sufficient to cover the shortfall of the 17,000 dollars and those are based on rather conservative forecasted revenues for the planning department, even more conservative than last year. Our general sense is that things are picking up and we have actually had some -- three large projects come in this fiscal year already. So, we are optimistic that we will at least meet our revenues, if not exceed them for this year. Did want to point out some of our department efficiencies from last year. We saved 200,000 dollars from our budgeted money. So, our budget was cut and we cut folks and we needed to cut folks at that time. But in addition to that we saved 200,000 dollars. Some of that was on personnel, 16 percent, but a lot of it was on operating, 70 percent. So, we only used 30 percent of our operating budget. We just really hunkered down last year and didn't use much. So, I'm hoping that we will be rewarded for those great efforts last year and that perhaps we can get just a little bit of money to move apart-time employee up to full time, consolidate those positions, and really get to work and roll up our plans and dive into that Destination Downtown and get some planning done. I mean that was the thing that didn't get done last year was planning. We got a lot of the administrative stuff done, we did a lot of the current planning stuff, but we just didn't have the resources to get a lot of the planning done and with that I'll end my presentation and answer any questions or darts you want to throw at me or -- I'll dodge the darts. de Weerd: Thank you. Councilman Rountree. Rountree: Anna, under the transportation item we talked about transit and we have had a conversation about also factoring into that discussion VRT, because that's an effort that they will be undertaking this next year is looking at the transit plan for the Meridian area. So, I would hope that all three entities could come together and form one plan so we don't have a couple competing plan working against each other. Canning; The intent was to not do a transit plan, but to, instead, work with VRT on those transit plans. The other items that MDC brings up is like what does the furniture look like. What does the street furniture look like for transit. So, those kinds of items. You know, what do the shelters look like, what do the bike racks look like, all that kind of stuff. But -- and Caleb did tell me l think that they -- VRT had hired a consultant, so the intent would just be to work with VRT on that plan and actively to accurately engage. Rountree: Very good. Canning: I'm not into competing plans whatsoever. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Meridian City Council Workshop November 9, 2010 Page 13 of 24 Hoaglun: Anna, sometimes here in Council some of our decisions we throw you guys a curve ball when we say we approve something and say, well, we will have you check back six months, a year, two years from now. Are you in a position now where you're satisfied with the system you have in place for documentation, so you can do the follow up? Do you need other assistance in different types of systems or are we good moving forward, so when we throw you a curve ball and say, well, you guys are going to have to follow up, you know, a long time from now, you guys are able to do that? Canning: Oh, yeah. I mean Accela is going to be amazing as it's sold. And I'm starting to believe the hype. I mean there are a lot of flags and tools that you can use on that enterprise software to make sure that we are notified of the things and the flags come up in the future. So, I am very hopeful. Plus if we just all have it in the same place I think it will help there, too. Hoaglun: Okay. Good. de Weerd: Any other questions from Council? Bird: I have none. de Weerd: Thank you, Anna. Canning: Thank you. So, thoughts or comments? Rountree: She wants a reaction to the full-time position. de Weerd: I think people have been waiting for your liaison to say something. Rountree: Well, we, obviously, have talked about that and certainly it's going to be at Council's decision. There is work not getting done and it's not terribly efficient to do some of that work on a piecemeal part-time basis. If we are going to get the plans done for the various areas identified by MDC, we are going to need staff to do that. If you do it with three part-time people or two part-time people, that's not as efficient as having one person working on it full time. There are other areas where that position could be utilized in terms of learning the other activities in the planning department and support with potential for increased work if we have already had three fairly sizeable projects come before the city through planning this fiscal year, I would anticipate we are going to see a few more and we have down sized and down sized appropriately by three full- time people just past year and a half. For your consideration, I think the efficiency is there for the one full-time person. I think we could probably -- well, obviously, the money is there, it's a matter of a budget amendment. de Weerd: Okay. Zaremba: Madam Mayor? Meridian City Council Workshop November 9, 2010 Page 14 of 24 de Weerd: Mr. Zaremba. Zaremba: I would just comment that I think it's fair to couple the two ideas that you and your department have saved 200,000 dollars and that proves your efficiency and desire and when you come and ask and say, look, Ineed afull-time employee out of two part- time employees, I think it's fair for us to consider that and if it costs 17,000 dollars out of the 200,000 dollars that you have already saved, that's a good deal for us, and I would also say that that's a good example and incentive for all departments that -- if we can do things like that, if you find ways to save and there is other things that you think need to be done that weren't on the budget in the first place, then, that's the right time to talk about it when you're telling us what you have saved. I'm in favor of it. de Weerd: Council, any other questions or comments? Certainly I would like to underscore maybe something that Charlie mentioned. It's more efficient manpower in combining the two half times into afull-time focus and as we discussed at the directors meeting today, the downtown and the vision through a great deal of collaborative efforts and public participation in the Destination Downtown plan does -- does require the city to step forward and be a leader in the implementation as well and that leading does come in the large part from the planning department. Anna has done a very good job in taking the Destination Downtown plan and evaluating partners to the implementation of the four different primary focus areas of prosperity, mobility, livability and sustainability and bringing to fruition a number of the initiatives that they have outlined, but it will take a very focused and concerted effort to engage and to deploy a lot of the activities that need to be done in order to move that plan forward and in discussion of it you could continue to do it with the three separate half-time positions, but I don't think it will be as effective, efficient, and could be more costly in the long run. Hoaglun: Madam Mayor. I appreciate, Anna, the efficiencies that you -- you have done in your department and everyone was tightening their belt and you did it and made it work and, you know, a lot of work slowed down out there from the planning end and I'm under no illusion that here in the near future, even though we have some projects coming through that we are going to have a flood of projects, but at the same time I like the idea of being a little ahead of the curve, making sure our planning process is as good as we can get it and, then, staying focused on the customer service aspect that you guys and that is making sure when projects are coming into the door we have great customer service, because you're doing it now, continue that and as that grows we have got people who can help them and get those projects through the pipeline, which in my mind puts people to work and we can recover a lot faster and not have any delays as that -- as those things come in the door and we are not behind the curve trying to hire and find adequate people to fill and I think from that approach that will help and through the efficiencies you found we can make the funding available for your request. Canning: I did want -- well, one, tell you a little about Brian. He comes from a consulting firm that I'm familiar with in California. They have got a few offices in California and they are a real quality consulting firm. They do pretty much general plans Meridian City Council Workshop November 9, 2010 Page 15 of 24 and specific plans. Specific plans for developers and, then, general plans for different cities and he pretty much just worked on general plans and -- like downtown plans -- I mean just -- he's got the perfect skill set for -- for helping implement this Destination Downtown. I know we're really excited to find him. Good set of skills. I have -- the second thing is I want to apologize for not presenting this at the budget. I think Matt gave notice maybe two or three weeks before your budget hearings and at that time I think what was really motivating me to want to split that job was the CDBG part was I just -- I couldn't find somebody that wanted to do that -- have afull-time job that was part-time CDBG and part-time planner. It just wasn't working. So, I really wanted to split off that and it never occurred to me to combine the other two part-times. So, guess I was partly hopeful that I would find somebody who never wanted to work full time, similar to Lori, she doesn't want to work full time. Brian I'm afraid I will lose him if I don't have part time -- if I don't have full-time employment at some point. I could probably keep him for a year, maybe, but I will probably lose him if I don't give him full- time employment after awhile. So, those -- again, I wanted to apologize for having to propose a budget amendment and Idon't -- I'm not sure I have done one before. I might have done one a few years ago. I try not to. I really try and stay in my budget, but I guess I just wasn't quite thinking clearly when Matt left us. So, thank you for all your comments and I guess I will work on something to bring to you at a later date it sounds like. If that's the way it works. I have forgotten. Rountree: Works forme. Canning: Okay. And let me know if you have comments on any of those items in my strategic plan or you want to know more, I would be happy to let you know. de Weerd: Anna, I guess I would ask in the Destination Downtown Anna has put together a very Comprehensive Plan and detailed listing that she extracted out of the plan and tried put it into manageable format to better assign some of the tasks or areas to all areas of the city, because it does reach into all areas and if you could get that -- know you're getting it out to the department directors, but to City Council as well to seek any feedback comments and once we can wrap all of those comments together we will meet with the MDC project coordinator to discuss those. There are items that I don't know that the consultants realize that the city already does that's in process or it's completed and so some of that needs to be cleaned up so that the citizens that are getting involved in these steering committees are not so overwhelmed and intimidated by this -- this huge list of to do's when some of it has already been done. I would invite you to, please, take a look at that, give comments, and, then, we can include those in the dialogue that we have with MDC. I'll make sure I send it out. de Weerd: Okay. Canning: But it will probably be Friday. Hopefully. de Weerd: Thank you. Meridian City Council Workshop November 9, 2010 Page 16 of 24 Canning: Thank you. D. Public Works Department: Ten Mile Road/Franklin Road to Cherry Lane Project Close Out de Weerd: Okay. Item 9-D is our Public Works Department. Boyd: Good evening, Madam Mayor, City Council. My name is John Boyd, I was a project manager on the Ten Mile, Franklin to Cherry project, and I'm here tonight to present that close out as per the new purchasing policy requirements. de Weerd: Thank you, Tom. Boyd: Public Works project inspector was Murray Jones. This is another joint project between ACHD and the City of Meridian. Construction started on December 18th, 2009. Substantial completion was achieved on August 24th, 2010. The project consisted of installation of the re-use water line in Ten Mile Road from a connection to the re-use line that was installed with the interchange project and it was left just south of Cherry Lane. I'm also working on the next leg of that, which will complete this backbone for our reuse. It's scheduled to start in May and -- or, excuse me, in February -- or March 1 and should be done by May to complete your goal of feeding that landscaping up at the interchange with re-use water. Same wastewater facilities were installed to the east on Franklin for the next project that we will be doing and that will serve people to the north and south of Franklin Road. Other domestic water facilities were installed to accommodate the increased width of Ten Mile and to allow extension -- excuse me. Yeah. Extension for future facilities. Some of the project highlights -- we had a contractor change about two months into the project when Sommer Construction went out of business. Nampa Paving, the general contractor, selected Brown Construction, they thought they would meet their needs of getting that project completed, they were under pretty hard time constraints by ACHD and they worked out. The final project cost was $624,365.54, which was under the original budget, as well as under the original amount that you all approved for that project. There was six change orders totaling a total of 38,200 dollars. This amounted to an increase of 6.37 percent over the original contracted amount. Two property owners reimbursed the city a total of 26,000 dollars for water and sewer services stubbed to their properties. That's all that I really have for you for highlights of the project. I'll stand for any questions you may have. Be more than pleased to. de Weerd: Thank you. John, any questions from Council? Bird: I have none, Mayor. Rountree: I have none. Bird: Good job. Meridian City Council Workshop November 9, 2010 Page 17 of 24 de Weerd: Thank you. Boyd: Thank you very much. Rountree: Great to have it done. Boyd: Yeah, it is. Want to finish Franklin now. Thank you very much. E. Police Department Report: Discussion Regarding Revisions to the Animal Control Code de Weerd: Thank you. Item 9-E is our police department report regarding revisions to the animal control code. Tracy? You can do it there or here. Okay. Basterrechea: I think Mr. Nary will be able to help a little more on a lot of this stuff, because a lot of it was just cleaning up code to make it more enforceable. But from the police department perspective one of the big things that we wanted to do was we wanted to change the animal at large or the dog at large code from making it an automatic misdemeanor when somebody's dog gets out, changing it to an infraction, like a traffic ticket and have it graduated that on the third offense, then, it becomes a misdemeanor. The reason we like that better is, one, it really does make it easier for us as far as enforcement goes, as far as time and money put into this and we really don't see the fairness in somebody getting a misdemeanor charge on a first offense when their dog's out. You know, if it hasn't attacked somebody, if it's just running loose, and it has caused a lot of headaches over the years that when you tell somebody that that is a misdemeanor and they have to appear in court and that they could go to jail, trust me, they are definitely going to fight it no matter what and it's just caused us a lot of headaches over time and, then, we look at the fact that somebody's dog gets out the first time and they get a misdemeanor and they have got to show that on an application for a job every time they go and even though it's at dog a large people look at, you know, you have been convicted of a misdemeanor. So, we would like -- we worked with the city attorneys to changing that to more of an infraction, a graduated penalty, so that if we do have repeat offenders, then, we do have that hammer to come down on them and charge the misdemeanor with. The other things that, you know, we looked at were taking care of -- of requirements of removal of dog feces. You know, we get people all the time walking their dogs and they let their dogs go to the bathroom on the sidewalk or whatever and they will leave it and there is really not a lot of recourse trying to charge them with a littering charge becomes real convoluted and this code really shores that up and you would be amazed at how many times we either get called on that or that we end up dealing with that. So, Mr. Nary can probably talk to anymore of the other areas in there or I can stand for questions on what we have discussed so far as far as the dog at large. Nary: Madam Mayor, Members of the Council, as Deputy Chief Basterrechea said -- I mean we started -- we started this project on the issue of the dog at large. You had a couple of folks come in front of you that had concerns about the misdemeanor. We did Meridian City Council Workshop November 9, 2010 Page 18 of 24 contact the city of Boise, they were uncomfortable at that particular point, they had somewhere in the area of 47 to 57 outstanding dog at large tickets. So, they weren't real comfortable in simply just dismissing all of those. They would work with those folks, they were willing to consider bond forfeitures, which is -- de Weerd: How many? Nary: Between 47 and 57, something like that. I can't remember the exact number. Quite a few. I mean there is a lot of loose dogs in this town and so they were not comfortable -- Zaremba: Do we have that many dogs licensed is the question. Nary: Probably about 47 to 57 is what I would guess. But they were willing to consider a bond forfeiture as a remedy for those folks. That's an opportunity to post the bond. It's like posting a fine, but it does not count as a misdemeanor. Bond is forfeited, no conviction is entered, so there is a remedy for that. I did receive a contact from -- if you recall there was a young lady that, essentially, took the ticket for her mother's dog, so the mother did contact me, I connected her with the Boise city prosecutor and they did offer that opportunity, then, so I think that case got resolved and -- so, that's where we started and as you well know, Mrs. Kane from my office doesn't like to just fix one thing, if we are going to fix it we are going to fix it and Mrs. Kane tries to address a variety of the problems that we have had and if we are going to bring it back to you we want to make sure we are trying to address a variety of concerns and sold as Deputy Chief Basterrechea said, we have this other issue with people out walking dogs and sort of leaving their dog's deposits all over town and not having a real clear code of how to address that, so wanted to address that. We have some other issues that are addressed in the code that we have had some discussions with the planning department as well. We have people that want to keep chickens in the city and we don't find that to be problematic and, actually, people -- de Weerd: Chickens? Nary: -- for a variety of reasons. Besides eggs, they are a good bug control and so there is some other reasons that people will keep chickens and they are generally not problematic -- the problem -- pardon me? de Weerd: They are agood -- what did you say? Nary: Bug control. de Weerd: Bugs? Nary: They are good for bugs. They are good for eating bugs around your house, so they are good for bug control. And, of course, the eggs are another -- another reason. The complaints we get many times is about roosters and so what we were trying to do is Meridian City Council Workshop November 9, 2010 Page 19 of 24 address roosters through this animal ordinance, because you don't need a rooster unless you want more chickens. So, we don't really see this to, I guess, encourage the keeping of roosters, because they do cause a lot of noise and -- what was the term, Anna, they used for -- decrowed roosters. You can actually -- you can get roosters that are decrowed, so they don't crow, but from what we were told they make a much more horrible sound than crowing and so we just were wanting to discourage the accumulation of roosters in the city, but not the keeping of chickens. But we also have other types of people that are keeping large amounts of -- quantities of animals, domesticated animals, rabbits and those kinds of things. So, we were trying to address a number of different things. If you look through the ordinance that Mrs. Kane provided on your packet it was, again, trying to address the new code, the infraction for the first two offences of dogs at large, prohibiting, basically, the behavior of allowing your animal to simply use the entire city and other people's property for their own and, then, creating some better process. For vicious dogs we have -- we created a vicious dog ordinance about six years ago. We haven't had to enact it I think more than once, but we wanted to clarify some of the process in the code. We have actually had it used by other cities based on our model, but we wanted to clean up a little bit of that and, then, we also wanted to start limiting the types of livestock that you can have within the city, so there is a variety of different parts here. I don't know if planning had any over additional feedback. We think we could put it on for a first reading if you're comfortable, if you would like an opportunity. I know this may be the first time you have seen it, so if you would like to wait until next week and give us direction on putting it on for a first reading, we can do that. If you'd like to get public input you certainly are welcome to invite that like you have done on other ones. I'm not certain the pulse of our community on whether or not roosters are a big deal or whether some of these other types of issues that this is addressing are going to be of concern I don't know. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Bill, there is still a lot of infractions in here that result in a misdemeanor and I don't know where we draw the line. I think anybody who is crazy enough to harbor a rabid animal probably ought to be given a misdemeanor, but excess dogs or fraudulent dog license, I don't know, I don't know if we should have that staggered approach into some of these issues or not. I'm not sure that they merit necessarily the full court appearance for a resolve. And certainly, you know, it seems -- we have a 13 page ordinance on how to deal with people's personal property and Ijust -- that just gets me all fuzzed up. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: As kind of a side issue or a related issue, is there any way to get veterinarians involved in making sure that animals are licensed? I don't -- you know, if a Meridian City Council Workshop November 9, 2010 Page 20 of 24 doctor discovers somebody that I think has abused they have to report it to somebody. Can we make veterinarians report unlicensed animals? Nary: Madam Mayor, Members of the Council -- Zaremba: Or do we want to? Nary: -- Council Member Zaremba, actually, veterinarians -- and I think, chief, some of those -- don't we also use the local pet stores as well to sell the licenses? Basterrechea: They sell our licenses. Nary: So, they actually sell them for us. Zaremba: Okay. Nary: So, they don't -- they aren't required to require people to do it and they don't require people to license it as part of their -- because they are -- I mean it is a private business, but we do sell them, at least, so they have access through both their veterinarians or in PetCo and -- I think it's PetCo. Basterrechea: Petco and several of the local vets. All the local vets we provide with licenses and they sell them for us. Zaremba: Okay. That helps. Hoaglun: Madam Mayor. Bill, question about rabbits. Some people have rabbits as pets and they have them indoors, they have them run outdoors, but they stay outside in a cage. You know, under our ordinance that -- which are housed outdoors and/or in outdoor enclosures, such pens, et cetera. And I know if you're breeding rabbits, you know, for fryers and one thing, that to me would meet a definition of livestock -- I mean you're doing something as opposed to a pet, which you have a rabbit for the kids. Is there a way to distinguish that difference? Nary: You know, I know we talked about this in regards to -- to chickens and we sort of touched on rabbits, but I don't recall if we had a discussion specifically. Canning: The discussion we had on rabbits, Council Member Hoag{un -- and perhaps I don't understand rabbits, but I thought, when kept as pets, were inside also. de Weeds: Huh-uh. Canning: No? Meridian City Council Workshop November 9, 2010 Page 21 of 24 Hoaglun: Not necessarily. Some do. But others put out at night in the cage and -- like the dogs, you know, at night it goes outside. Yeah, it can come in the house, but at night it goes outside. Canning: I think that would be the difference is if you treat it like a pet that comes inside and outside -- I mean most people don't bring their cows inside and -- Basterrechea: Actually, where I come from -- Zaremba: Too much information. Canning: I think it's -- you know, it is difficult to write animal regulation ordinances and we could put an exception in for pets to say if it's a pet and, then, you know, somebody who has got a rabbit can come in and say it's a pet and they have got 5,000 rabbits that they sell that we could probably figure out that they weren't telling the truth, but it's a difficult -- it's a difficult ordinance. Nary: Madam Mayor, Members of the Council, you probably may recall that Council Members Hoaglun may not -- it may have been prior his tenure here, but about every couple years we have this discussion on how we deal with people that want to keep snakes and spiders and exotic animals and -- I mean some of them have to be licensed, some don't. Some think pigs are pets, some think pigs are livestock. Some think goats are pets, some think goats are livestock. I mean -- so I mean I would agree it's very difficult and, you know, I'm so grateful for Mrs. Kane, because she is very persistent at wanting to try to figure out exactly how we can address these, because we do receive a number of complaints and, you know, some of them are situations where, in my opinion, we are still a city in transition between rural and urban and there are areas within our own city that are still rural within the urban fabric of the rest of the city. So, there are people that are keeping what are traditional sort of farm animals on larger lots than a normal subdivision lot, because it may have been the family farm that's now been subdivided in to the remainder of the subdivision and they are still maintaining horses and other farm animals and the like. So, trying to address that, you know, if all -- all we feel comfortable at the moment in addressing is chickens, because we want to make it clear that chickens are allowed and we would like to make it clear that roosters aren't allowed, I know people do raise roosters for -- for eating and Iknow -- but I don't think that's as common in our community or at least is common here with chickens, so I don't know that if we -- if we just decided to take the bite out of chickens and roosters, that we need to address rabbits -- de Weerd: I glad you said that differently. Nary: -- and if you want to simply -- if you want to not address rabbits now, because -- I would agree with Councilman Hoaglun that there are circumstances where people do keep rabbits outside, they certainly can be maintained outside safely and they can be maintained as a pet outside and it is difficult to distinguish between one or two rabbits versus 25 or 30 or 40 or 50 rabbits. And why would people keep that. Predominately Meridian City Council Workshop November 9, 2010 Page 22 of 24 those are going be for sale and the like, but we don't address every animal in the world in this ordinance, so I mean certainly if -- if the comfort level of the Council is let's address this and, you know, sort of one animal at a time, that's fine. Again, I don't know that we are getting -- and Chief Basterrechea could probably tell us better, but I'm not aware that we are getting a lot of complaints about noise from goats or noise from sheep, mostly what you're getting is -- if you're getting complaints to the police about -- about animals, especially livestock type of animals, it's usually dust and smell and if we need to address -- and we don't have a tremendous amount of horses and cows in the city, but if that's something we need to take another look at, we could certainly do that. I think we wanted to make sure, if nothing else, you brought the -- the dog offenses back, the leash offenses, the licensing offenses, those type of things back in front of you in a timely manner and if we need to just hold off on the others at the moment, that's certainly fine. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: There is one provision in here that talks about the relinquishment of living or dead dogs. It makes the disposal there the responsibility of the police department subject to a fee. I don't know that we have a fee established, so I don't know what that fee would be, but in another section it talks about you can't leave dead animals -- Section O of one of the later paragraphs on your premise that's legally owned by whoever owns the animal, which made me start thinking about this whole ordinance. A good share of it deals with dogs and, then, some of it just talks about animals and, then, it's a misdemeanor to leave a dead animal on your property, does that mean somebody's pet hamster or rat or whatever that typically gets buried out in the garden when they succumb, which is probably an appropriate way to deal with it. Is that legal and would it have been ratcheted up could you bury Buffy out there if Buffy happened to pass away. We just create all kinds of issues when we start messing with this and we have gone through all of this, as you said, Bill, time and time again and there is no easy answer, but I think the more ordinances that we make the more gray areas we create. Nary: Well, as a lawyer I love that, but I do agree with your concern that -- I mean -- well, for example -- and what you pointed out, I mean even in the improper disposal of a dead animal, it is my opinion, certainly burying your dog in your yard is not an improper disposal of a dead animal. I think that's what most people do, unless they take it to the vet. I have a rabbit buried in my side yard, so if that's improper, (guess I -- Rountree: Well, we can call the police chief now for the dogs specifically and the police chief gets rid of it for you, so -- Nary: And, actually, the police want to maintain that. I mean they actually want to allow that to remain, because, again, there is a health issue and a health risk as well with people not having an ability to disposed of animals. But maybe what would be best and I'm going to have Mrs. Kane come the next time we have -- in two years when we have Meridian City Council Workshop November 9, 2010 Page 23 of 24 this discussion again I'm going to have Mrs. Kane come. But what I think what we need to do is I think we need to deal with the problem first, which is the dog issues in regards to animals at large, people not cleaning up after their animals, we have some licensing issues that we want to address with that as well that's not part of the ordinance, that would come separately, but there are some licensing and fees and things like that that are still not getting addressed properly or at least that we think satisfactorily. So, why don't we -- why don't we at least address that issue first and we can deal with livestock separately, because I would agree with you, Council Member Rountree, you know, it -- the message gets mixed sometimes to folks when we try to take too large of jump all at once and if our intent really is -- and, really, how we started and, then, this particular go around was to try to deal with the animals at large and the licensing issues and things, if we could stick with that first, then, probably is the -- the bulk of the issues or problems or calls that we get are related to those types of things. We are not addressing cats, because I know that's the next biggest thing and every third call is either licensing cats or leashing cats and I don't think we want to go there either, so -- but I think if we would bring back to you just addressing the dog issues and the dog licensing and the dogs at large and the people cleaning up and their behaviors, we can probably deal with the livestock issue separately and gather a little more data about what would make some sense as we become less rural and more urban in our community, what would make more sense going forward and we can bring that both through planning, because planning will address that sometimes in the annexation arena, as well as from the police animal control side. So, if that would make some sense, we can bring it back probably in two weeks for you to look at again and see if we just captured really what the -- what the core problem is today and, then, we can bring that forward for reading in front of you. Rountree: Works forme. de Weerd: Okay. So, Council, would you prefer to see it next, then, as a first reading document? Rountree: Yes. Bird: Yes. de Weerd: Okay. Thank you for the can you opened. Okay. Nary: Notice I did not once say who let the dogs out. de Weerd: You just ruined that. Okay.. We are at the end of our agenda and in the nick of time. I would entertain a motion. Rountree: Madam Mayor, I move we adjourn. Zaremba: Second. Meridian City Council Workshop November 9, 2010 Page 24 of 24 de Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:28 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TA e WEERD DATE APPROVED ` ,, ,~y ~/ C?' ~o~°~rF~ C;E HOL AN, CITY CLERK -_ $~A~ - o"' 7 1~ ~'~%,,~L'OUNTY ~~~~~~~~\. Meridian City Council Meeting neTG~ NnvPmher 9. 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Idaho Non-Profit Awareness Month Proclamation MEETING NOTES ~e S~hulev' J ~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO SENT TO NOTES INITIALS AGENCY APPLICANT E IDIAN~--- The Ogice of the Mayai PROCLAMATION Whereas, nonprofit organizations help build and szstain healthy communities in our state while enhancing the quality of life for Idahoans and for others throughout the country; and Whereas, thousands of nonprofit organizations based in Idaho contribute significantly to a viable economy by providing Idahoans with jobs, goods, and services, with expenditures of more than two billion dollars; and Whereas, Idaho's nonprofit leaders are often entrepreneurs, creating new solutions to problems, and fill previously unmet needs in the areas of health, recreation, education, research, arts, social services, and more; and Whereas, the nonprofit sector works as a responsible partner with private enterprise and government to alleviate the most pressing social issues of our time; and Whereas, nonprofit organizations often fulfill their missions by advocating on behalf of those who cannot advocate for themselves; Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim, November 7t`' through the 13~' to be: Idaho Nonprofit Awareness Week in the City of Meridian and encourage all our citizens to continue to recognize and support the nonprofit organizations in their communities. Dated this 9th day of November, 2010. ~~ ~~~~ +O Btu\(~ ar C-~~v~1S Clue Tammy de Weerd, Mayor Charlie Rountree, City Council David Zaremba, City Council Keith Bird, City Council Brad Hoaglun, City Council Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 26, 2010 City Council Regular Meeting MEETING NOTES ~`~7p~ov ed CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO SENT TO NOTES INITIALS AGENCY APPLICANT Meridian City Council Meeting noTE~ November 9. 2010 ITEM TITLE: PROJECT NUMBER: Acceptance Agreement: Display of Artwork in Initial Point Gallery, Meridian City Hall between the Idaho Watercolor Society and the City of Meridian MEETING NOTES ~~~oJec( CLERKS OFF-CE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS [ [- j~ ~ (l ' 10 pr~glr~\ ~ S11e~ree-'" `tb Qnr, W~,~g-ow ~- ~Dw~q~k w ~ ~i.«Ks p~ ~ag~- ~ ITEM NUMBER: ACCEPTANCE AGREEMENT: ~. DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this 9th day of November, 2010 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Idaho Watercolor Society, Inc., annon-profit corporation organized under the laws of the State of Idaho, whose address is 1386 E. Willowbrook Ct., Meridian, Idaho ("Artists"). (City and Artists may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artists did proposal that their annual fall show be displayed in Initial Point Gallery; ,~ WHEREAS, on December 3, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artists' work for display, and recommended to the Meridian City Council that Artists' artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on January 19, 2010, the Meridian City Council adopted such recommendation and directed the Commission to work with Artists to establish a display of Artists' artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously enswe that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artists shall personally deliver to Initial Point Gallery, on November 5, 2010, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artists and the Gallery Cwator, approximately thirty to forty (30-40) watercolor paintings. Artists shall be responsible for hanging such artwork on November 5, 2010 at the direction of the Gallery Cwator; shall allow the display of such work in Initial Point Gallery from November 5, 2010 to December 3, ZO10 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 3, 2010, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artists and the Gallery Curator. ACCEPTANCE AGREEMENT INrfIAL POINT GALLERY DISPLAY PAGE I of 6 ,.+~, II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artists shall display their artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork Artists may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artists' work; any transaction related to the sale of artwork shall be handled solely by Artists. Artists acknowledge the Commission's request that Artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artists may remove such artwork from the Gallery, provided that the removed piece is replaced with another piece of artwork within twenty-four (24) hours of such removal. Artists shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artists shall provide services described in this Agreement in a timely manner, as described herein. ~ Artists 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 default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artists shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artists for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Acknowledgements Form attached hereto as Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 of 6 V. DISPLAY. r~ A. Original artwork. Artists warrant that any and all artwork provided by Artists for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. B. Photographs of artwork City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, mazketing, and public information. Where practicable and to the extent of City's authority, Artists shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artists' name. Artists hereby convey to City permission to use Artists' name for purposes of advertising, mazketing, and public information, without violation of Artists' rights of privacy or any other rights Artists may possess under this Agreement, provided that City shall not use Artists' logo, if any, for any purpose without the express, written permission of Artists. D. Use of City's name. City hereby conveys to Artists permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artists shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive y,,,\ Assistant. E. Removal of artwork by City. City shall have the right to remove Artists' artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artists in the manner set forth herein. While it is intended that Artists' artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artists. F. Removal of artwork by Artists. Artists shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artists or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION. WAIVER. AND INSURANCE. A. Indemnification. Artists shall, and hereby do, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, i"~ claims, and judgments for damages or injury to persons or property, and from any and all losses ACCEPTANCE AGREEMENT INTfIAL POINT GALLERY DISPLAY PAGE 3 of 6 and expenses caused or incurred by Artists, their servants, agents, employees, guests, and/or r~'~ business invitees. B. Waiver. Artists shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artists' performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artists' responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artists in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artists' persons, property, or interests; and/or of the Artists' employees or agents shall be the sole responsibility of Artists. Artists shall obtain all necessazy insurance as may be required in order to protect Artists' insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artists shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepazed for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. ~,,.~ VII. TERMINATION. A. Termination for cause. If City determines that Artists have 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 twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artists. C. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INrrL41. POINT GALLERY DISPLAY PAGE 4 Of 6 VIII. GENERAL PROVISIONS. /'"'~ A. Relationship of Parties. It is the express intention of Parties that Artists aze an independent entity, and their members or independent parties, and neither Artists nor the individual members aze employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artists and City or between Artists and any official, agent, or employee of City. Artists 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, Artists shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artists shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artists shall not subcontract or assign any of Artists' obligations under this Agreement that require or that may require their artistic talent or expertise. Artists may subcontract or assign obligations that do not require their artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by ~"'~ United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITGU. POINT GALLERY DISPLAY PAGE 5 Of 6 ~. Artists• Idaho Watercolor Society Attn: Ann Winslow 1386 E. Willowbrook Ct. Meridian, Idaho 83646 annjackboi@aol.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 9th day of November, 2010. ARTISTS: IDAHO WATERCOLOR SOCIETY Ann Winslow STATE OF IDAHO ) n,^ ss: County of ~LdI~.T ) I HEREBY CERTIFY that on this S day of ~ouprvi4~~l, 2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared Ann Winslow, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. CITY OF MERIDIAN: ~~~s~~~• ~~1~-'~0;~;. i ~'~ T `• i ~~ ,~O ~ i • , , • . ~ ~ . . ~ . . ~ ~ • • ~. ; • ~'q; ~ OF ~:~••• N Public f r Idaho Residing at ~,{Q~r~dj r,~ rt .Idaho My Commission Expires: ~n ~ , ~c51 ~I ~^ •...~ ~/ BY: ~~ '"A, Tammy de , erd, Mayors; ~ ~~ `.. ,. s."~. nn ~~ C~~ Attest: to V~= Ja e 'ty G~ rk ACCEPTANCE AGREEMENT , INITIAL POINT GALLERY DISPLAY PAGE 6 of 6 Exhibit A /'~ Meridian Commission Call for Artists: 2010 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2010 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space-60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2010 Initial Point Gallery Series is to be comprised of professional-quality, ready-to-hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed wilt be evaluated for its compliance with these general requirements. Selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Please note that applicants whose proposals are accepted for exhibition may re-apply every other year. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2010 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application ft Acknowledgements form; ~, Biography of the artist or informational statement regarding organization; Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, please ensure that each image is of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or by a-mail request to mac@meridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, November 20, 2009. SELECTION PROCESS: The selection of art for the 2010 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. r"'eONTACT MAC: By mail: Meridian Arts Commission Attn: 2010 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: mac@meridiancity.org Exhibit 6 ACKNOWLEDGMENTS: ~de.~,~ Wa~o~-o-~ 5-rc~c~, hereby acknowledge the following stipulations and agree that if my/my organization's art work is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, wn~ Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work well be displayed in Initial Point Gallery, I will be required to enter into an Acceptance INIi`IAL i~ Ilan B. C. IAL D. INITIA E. I I IAL F. IAL iAi IN~ ITIAL G. Agreement with the Gty of Meridian establishing the specific terms and condit>ons of the display of the particular works displayed. if my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. Any insurance of the art work displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. While art work displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. While it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. Art work submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and art work meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and unde tand each and all of the foregoing stipulations and do agree to these general terms and conditions. w Signature: Print name: /`~1!'ILf ~L/i~1S/out Date: ~/ - '~ ""' ~~ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! APPLICATION AND ACKNOWLEDGEMENTS - 201 O INITIAL POINT GALLERY SERIES PAGE 2 OF 2 Meridian City Council Meeting DATE: November 9, 2010 PROJECT NUMBER: ITEM TITLE: Joint Use of Storage Space and Hold Harmless Agreement Between Meridian Development Corporation and City of Meridian MEETING NOTES A~~w?d CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ f' - / ~ ~ t - I t~ pr~gl~tc~~ -lam Sh~tY'ee - Coo -f~ J4tS h ~ 1~t1~ ITEM NUMBER: ~. Joint Use of Storage Space and Hold Harmless Agreement Between Meridian Development Corporation and City of Meridian This JOINT USE OF STORAGE SPACE AND HOLD HARMLESS AGREEMENT ("Agreement") is made this ~ day of t -~,P,,,-~_ , 2010 ("Effective Date"), by and between the .City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City', and the Meridian Development Corporation, an urban renewal agency created and established pursuant to the Idaho Code and the City of Meridian ordinances and resolutions ("MDC"). City and MDC may hereinafter be collectively referred to as "Parties." WHEREAS, City and MDC are separate entities; and WHEREAS, MDC has a need to store building materials for future construction projects; WHEREAS, MDC does not have adequate space to secure the building materials from weather conditions, theft, or damage; and WHEREAS, City does have available space that can be used for such purpose without interference with the City's operations; and ~ 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: MDC USE OF CITY STORAGE SPACE A. Request for joint use of storage space. MDC may request the use of City property for the storage of building materials via written request to the City Business Operations Manager for Public Works. B. Time, place, and manner of MDC storage. City shall have the sole discretion to grant or deny MDC's request, to designate where the building materials may be stored, and to determine the length of time the materials may be stored at such location. City may also, in its sole discretion, move or relocate MDC's stored materials; require that MDC remove its materials from City's property, and/or restore City's property to the condition it was in when. storage of MDC's materials began. City shall provide MDC with reasonable time to complete such removal and restoration when required by City. MDC shall also be provided reasonable access to the stored materials and may move and remove the stored materials as needed by MDC. Should MDC fail to complete such removal and restoration within a reasonable time as demanded by City, City may complete removal and restoration and shall bill to MDC the expenses thereof. C. Joint use. MDC's use of available storage space on City's property shall not be exclusive and shall not displace City use of such space, but shall be shared by and with City on an as-available basis, in City's sole discretion. ~-. sue, D. Security. MDC acknowledges that the City property upon which MDC stores its property is provided for MDC's joint use on an as-found basis. City shall not provide security for MDC's stored property over and above that which is provided for any such storage space in the typical course of City's business. COMPENSATION A. City shall allow MDC to use City property to store MDC's materials as established herein at no charge. B. MDC will be responsible for any and all costs of moving MDC materials on and off the City's property. Further, upon removal of its materials from City's property, MDC shall be responsible for restoring the City's property to the condition it was at the time the storage of MDC's materials began, and/or any costs associated therewith. INDEMNIFICATION, WAIVER, AND INSURANCE A. Indemnification. MDC shall, and hereby does, indemnify, save, -and hold harmless City and all City's 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 expen.4es caused or incurred by MDC, its servants, agents, employees, guests, elected or appointed officials, and business invitees which arise from the rights and obligations ~ within this Agreement. B. Waiver. MDC shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to MDC's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortuous conduct of City or its officers, agents or employees. C. Insurance is MDC's responsibility. City shall not provide insurance to cover loss, theft, or damage of MDC's materials stored .on City property or to cover any activity undertaken by MIK in the furtherance of MDC's rights or obligations described herein. Insurance for MDC`s stored materials shall be the sole responsibility of MDC, and the City may require the MDC provide proof of insurance coverage, if any, to the City. D. MDC shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the materials transported to, removed, and/or stored on City's property except for any loss or damage to the stored materials caused by or arising out of the negligence of City, its agents or employees. TERMINATION A. City or MDC may immediately terminate this Agreement for any reason at any ~,..,,, time without prior notice. ~"'`~ B. Non-waliver. 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. C. Disposition of stored materials. Upon termination or conclusion of this Agreement, City may make written demand to MDC that MDC removc any or all materials stored on City's property and restore City's property to the condition it was in when storage of NIDC's materials began. City shall provide iVIDC with reasonable time to complete such removal and restoration. MDC shall be responsible for all associated costs. Should MDC fail to complete such removal and restoration in the time and manner as demanded by City, City may complete removal and restoration and shall bill to MDC the expenses thereof. GENERAL PROVISIONS A. Term of Agreement. This Agreement shall become effective as of the Effective Date, and shall expire S years from the Effective Date unless earlier terminated or extended in the manner as set forth in this Agreement. If the Parties fail to mutually extend this Agreement, and neither has terminated the Agreement, the term of this Agreement, or such other terms as the parties have agreed upon in writing, shall be renewed automatically for one-year periods thereafter unless ternnated by either party in the manner provided in this Agreement. B. Relationship of Parties. It is the express intention of Parties that IvIDC and City ~"'~ are independent, separate entities which have a business relationship as community partners. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of partners or joint ventures between MDC and City or between MDC and any official, agent, or employee of City. C. Compliance with law. Throughout the course of this Agreement, IVIDC and City shall comply with any and all applicable federal, state, and local laws. D. Non-discrimination. In fiilfilling or exercising any right or obligation under this Agreement, NIDC and City shall not discriminate against any person as to rase, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. E. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The teams of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 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. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: MDC: City: Ashley Ford City Clerk MDC City of Meridian 33 E. Broadway 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, ID 83642 With a copy to: John McCormick City of Meridian 33 E. Broadway Meridian, ID 83642 Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~ day of 8e~aber, 2010. TII'Ntmbtr MERIDIAN DEVELOPMENT CORPORATION: 1 Gito• ~ cs 5e..e...r•-. v ~c~-Chairman Meridian Development Corporation ~, ~. ~~ CITY OF MERIDIAN: BY: ~.Gir Tammy de ,Mayor ,~`~~\\\~~ OF MERj~~~ ~~~~'', ~' °~ rF ~' ''. o Attes~ Jaycee City Clerk AI' '~ ~~'`~ ,'~, .gyp Usr ~s~ • ~O `,,: •,~~~~~ c~UNTY . ~```~~, ~~~r~rrrrn n~~t~~~t ~"~, Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Memorandum of Agreement Between Joint School District No. 2 and the City of Meridian for Joint Use of Sports Facilities for aNot-to-Exceed Amount of $8,000 MEETING NOTES f~provec( CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ -1 ~ ~ ~ ~ ~ 7 ~ or ~~ ~ a1 eil ~l -b ~RaCh~, 1 Y\ U~~C' Q,,n /~ ~ MEMORANDUM OF AGREEMENT FOR JOINT USE OF SPORTS FACILITIES This MEMORANDUM OF AGREEMENT FOR JOINT USE OF SPORTS FACILITIES ("MOA") is made this ~_ day of November, 2010 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joint School District No. 2, a school district organized under the laws of the State of Idaho ("District"). WHEREAS, the parties hereto are mutually interested in encouraging and supporting athletic programs for students and community members and recognize that through cooperation, publicly-held facilities can be used to meet broader community needs for education and recreation than either party can provide separately; and WHEREAS, District's Policy no. 1003.10, "Use of School Facilities," a copy of which is attached hereto as Exhibit A, states, among other things, that "City recreation programs shall pay fees as established by a separate Memorandum of MOA"; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the recitals above, which are incorporated herein, City and District agree as follows. ^~ I. JOINT USE OF DISTRICT FACILITIES. A. Priority Gyms defined. As used herein, "Priority Gyms" shall mean the specifically enumerated gymnasiums within District facilities that are designated by this MOA for City priority use. Gymnasiums designated as "Priority Gyms" are: 1. Heritage Middle School Practice Gym, 4990 North Meridian Road, Meridian, Idaho; 2. Paramount Elementary School Gym, 550 West Producer Drive, Meridian, Idaho; and 3. Meridian Middle School Wes Lowe Gym, 1507 West 8th Street, Meridian, Idaho. B. City's rights and obligations regarding Priority Gyms. 1. School first priority use. At all times school activities shall have first priority for usage. 2. City next priority use. During the school year, Monday through Friday, between the conclusion of school activities (i.e., approximately 6:00 p.m.) and 11:00 p.m., City shall be entitled to the first right of use among non-District groups of the Priority Gyms far adult athletic programming, including practice sessions, games, classes, camps, and related preparatory activities, under the terms set forth in this MOA. During Thanksgiving break and Christmas break, City's usage maybe limited due to maintenance, cleaning, and/or ~'"~ reduced utility settings. 3. As-needed use. During the school year, on an as-needed basis, City may request use of other available District gymnasiums for adult athletic programming, including practice MOA WITH MERIDIAN JOINT SCHOOL DISTRICT N0.2 FOR JOINT USE OF SPORTS FACILTI'IES PAGE 1 OF 4 .~ sessions, games, classes, camps, and related preparatory activities, under the terms an consideration set forth in this MOA. 4. Annual payment. On or before November 30 annually, in consideration of the mutual promises and covenants herein contained, City shall remit to District the sum of eight thousand dollars ($8,000.00). 5. Facility access. City shall assign personnel to unlock District facilities for City-scheduled uses, set up equipment, take down equipment, ensure that all persons have left the District facility, and lock the facility. 6. Compliance with District policies. City shall exercise best efforts to see that any and all use of school facilities scheduled or authorized by City is in compliance with District's policies, which shall specifically, and without limitation, include the fallowing: a. Use and/or possession of alcohol and/or any controlled substance is prohibited; b. Use and/or possession of all forms of tobacco is prohibited; c. Other than as specifically set forth in this MOA, City shall not schedule or authorize any use of District facilities without prior approval of District; and d. All activities scheduled and/or authorized by City shall he appropriate and shall be in accordance with the best interests of the District and its students and patrons. 7. District's rights and obligations regarding District facilities. a. Stop play. Any duly authorized agent or employee of District may stop scheduled use of District facilities, including play in progress, at any time where such action is warranted due to floor or other conditions or coach, player, or spectator conduct. b. Notification of closure. District shall provide thirty (30) days notice to City when a Priority Gym or other District facility reserved by City will be closed for any reason, including routine or scheduled maintenance or repair, except that this provision shall apply neither to acts of God nor to emergency maintenance or repairs necessary to preserve health or safety. II. GENERAL PROVISIONS. A. Day-to-day communications. Communication between District and City regarding day-to-day matters (e.g., issues related to use, scheduling, and maintenance of Priority Gyms) shall occur in person or via a-mail, facsimile, or telephone. City shall provide District the name, a-mail address, and telephone number of specific City personnel ("City Contact") who shall serve as the liaison between City and District for all such matters, and District shall provide City the name, a-mail address, and telephone number of specific District personnel ("District Contact") who shall serve as the liaison between District and City for all such matters. B. All other notice. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via electronic mail ("e-mail"), personally ~"~ served, or mailed via United States mail, to the following personnel and address: MOA WITH MERIDIAN JOINT SCHOOL DISTRICT N0.2 FOR JOINT USE OF SPORTS FACILITIES PAGE 2 OF 4 ~ Steve Siddoway Bruce Gestrin Assistant District Superintendent Parks and Recreation Dept. Director Meridian Joint School District no. 2 City of Meridian 33 E. Idaho Avenue 1303 E. Central Drive Meridian, Idaho 83642 Meridian, Idaho 83642 ssiddoway@neridiancity.org Gestrin.Bruce@meridianschools.org Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Seasonal review. The District Contact and the City Contact shall meet annually to review the season, address any problems which may have arisen, and discuss improvements regarding the parties' joint use of Priority Gyms. D. Conflict resolution. If either party believes that the other party is not fulfilling its obligations as established by this MOA, the complaining party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within fifteen (15) calendar days, correct the situation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and why a remedy cannot be achieved. E. Assignment. City shall not assign or sublet all or any portion of City's interest in this MOA or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written ''~ consent of District. District shall not assign or sublet all or any portion of District's interest in this MOA or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This MOA and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. F. Indemnification. On or about August 22, 2007, City and District entered into a "Hold Harmless and Indemnity Agreement"; such agreement is attached hereto as Exhibit B and incorporated herein by reference as though set forth fully herein. G. Term of MOA. This MOA shall become effective as of the Effective Date upon execution by both parties, and shall expire on June 30, 2012, unless earlier terminated or extended in the manner as set forth in this MOA. If the parties to this MOA fail to mutually extend this MOA, and neither has terminated the MOA, the term of this MOA, or such other terms as the parties have agreed upon in writing, shall be renewed automatically for one-year periods thereafter unless terminated by either party in the manner provided in this MOA. H. Grounds for termination. Grounds for termination of this MOA shall include, but shall not be limited to: 1. An act or omission by either party which breaches any term of this MOA. 2. An act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this MOA by either party. ~'"'~ 3. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. MOA WITH MERIDIAN JOINT SCHOOL DISTRICT NO.2 FOR JOINT U5E OF SPORTS FACILITIES PAGE 3 OF 4 I. Termination process. Either party may terminate this MOA by providing sixty (60) ays advance written notice of intention to termin ae•rorated amount of eight hundred dollarsd to a refund of monies actually paid to Distract, In p ($800.00) per month remaining in the school year. J. Construction and severability. If any part of this MOA is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this MOA so long as the remainder of the MOA is reasonably capable of completion. K. Entire agreement. This MOA contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. L. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this MOA shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereuo the benefit thereoef~, notwithstanding delay in governing body of either party becomes entitled t enforcement. M. Applicable law. This MOA shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. ~' N. Approval required. This MOA shall not become effective or binding until approved by the duly authorized entities of both City and District. The parties signatory hereto represent and warrant that each is duly authorized to bind, respectively, City and District to this MOA in all respects. IN WITNESS WHEREOF, the parties shall cause this MOA to be executed by their duly authorized officers to be effective as of the day and year first above written. MERIDIAN JOINT SCHOOL DISTRICT N0.2: Juan Vuittonet Chairman of the Board vCITY OF MERIDIAN: „ ~~~ui~ri~i~~~~~ ~r est~ BY: Tammy d eerd ~ ycee an Mayor SEAL City Clerk 9 ~~~ ice''/'//~j^0~~~ ;,`AQ````~~ ~~~1 ~ f~ ` PAGE4OF4 MOA WITH MERIDIAN JOINT SCHOOL DISTRICT NO. L ~~ jbINT USE OF SPORTS FACILTfIES Meridian City Council Meeting noTE~ November 9. 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Memorandum of Understanding with Lynx Investments, LP. as Part of a Sewer Line Replacement Project MEETING NOTES ~~p~ovec~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO nPPUCaNT NOTES INITIALS 1~' 1 C7 1 I- 1 p To -+~I~~e r~ ~o r-d~e~rs ~Re~ P~Xan~nC, Or ~ a ~ ~a1 +o S~.e ~'e~~ ~' v ~. ~~i~E IDIAN~-- Public ~ DA FI O Works Department Mayor Tammy de Weerd CNy Cewwdl Memberf~ 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: October 26, 2010 SUBJECT: MEMORANDUM OF UNDERSTANDING WITH LYNX INVESTMENTS, LP. (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Memorandum of Understanding with Lynx Investments, LP; and 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) Clint Dolsby, Assistant City Engineer Warren Stewart, Engineering Manager Tom Barry, Director of Public Works 489-0347 489-0341 489-0350 489-0372 Page 1 of 2 III. DESCRIPTION A. Back ound The Public Works Department has requested a new Sanitary Sewer and Water Main Easement with Lynx Investments, LP as part of a sewer line replacement project. During the design it was determined that a portion of the sewer line on the property will be abandoned with the construction of Split Corridor Phase 2. B. Proposed Project The proposed Memorandum of Understanding will ensure that the portion of the easement over the sewer line to be abandoned will be vacated. IV. IMPACT A. Fiscal Impact: This Memorandum of Understanding holds no monetary exchanges between the City of Meridian and Lynx Investments, LP. V. TIME CONSTRAINTS Council's approval of the Memorandum of Understanding is critical for the construction of the new sewer line. The existing line has collapsed and needs replacement. VI. LIST OF ATTACHMENTS A. Sanitary Sewer Approved for Council Agenda: and Wa Main se ent s Da Page 2 of 2 ~~ ~. s~ MEMORANDUM OF UNDERSTANDING REGARDING THE FUTURE RELEASE OF A RIGHT OF WAY EASEMENT FOR SANITARY SEWER BETWEEN LYNX INVESTMENTS, LP AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this N~verhbe~ day of ~6ctotrer; 2010, by and between Lynx Investments, LP, a California Limited Partnership (Lynx) and The City of Meridian, Idaho (City), to establish a mutual understanding the future release of a Sanitary Sewer Easement currently held by City on certain real property owned by Lynx. WHEREAS, Lynx owns certain commercial real property located generally at the southeast corner of Cherry Lane and Meridian Road in the City of Meridian (the Property) upon which exists a sanitary sewer easement dated January 10, 1956, and recorded as Instrument Number 394602 in the records of Ada County, State of Idaho (the "1956 Easement"); and WHEREAS, Lynx has granted a new sanitary sewer easement to City and City intends to extend the sewer main located on the property to Meridian Road and eliminate the sewer main connection to Cherry Lane at such time as Meridian Road is reconstructed as part of the Ada County- Highway District project known as the Split Corridor, Phase two; and WHEREAS, as part of the consideration for granting the new easement, Lynx would like to receive assurances from City that the 1956 Easement will be released, terminated, and extinguished at such time as the sewer main on the property is extended to Meridian Road. NOW, THEREFORE, the parties hereby agree as follows: 4 ~~ ~~ ~_ o O - • ~_~~ o _~ _~ _~ _~ _~ o ~~ 0 ~~ o~ .~ ~~ r O p O oc~ m~ T T t g~i~ 4~~~ W G0.1 W ~ O W v 00 W W•d ~ma~~ MEMORANDUM OF UNDERSTANDING- 1 Of 3 ~` 1. Lynx agrees to execute a sanitary sewer easement in the standard City form in the portion of the Property as depicted on Exhibit A to this agreement. 2. Upon completion of the Split Corridor Phase Two road project and the connection of the sanitary sewer to Meridian Road, City agrees to execute and record a Release of Easement pertaining to the 1956 Easement in substantial conformance with the sample document attached hereto as Exhibit B. 3. Prior to City's execution of the Release of Easement, Lynx shall seek written verification from City's Department of Public Works that the sanitary sewer has been connected to Meridian Road and that the 1956 Easement is no longer needed for City purposes. 4. Upon City's verification as set forth in Section 3 of this agreement, City shall execute the Release of Easement and record the same in the real property records of Ada County, Idaho. 5. In the event that the Split Corridor Phase two project is not completed or if the sanitary sewer is not relocated to Meridian Road, City shall not be under any obligation to execute the release of the 1956 Easement. 6. In the event that Lynx or its successor in interest fails to request the verification ~`~ as set forth in Section 3 of this agreement, City shall have no obligation to execute the release of the 1956 Easement. 7. If a suit, action, or other proceeding arising out of or related to this MOU is instituted by any party, the prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, and costs (i) incurred in any settlement negotiations, (ii) incurred in preparing for, prosecuting or defending any suit, action, or other proceeding, and (iii) incurred in preparing for, prosecuting or defending any appeal of any suit, action, or other proceeding. For the purpose of this section, "attorney fees" shall mean and include (i) attorney fees and (ii) paralegal fees. This section shall survive and remain enforceable notwithstanding any rescission of this MOU or a determination by a court of competent jurisdiction that all or any portion of the remainder of this MOU is void, illegal, or against public policy. 8. This MOU shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 9. Time is of the essence with respect to the obligations to be performed under this MOU. '~`` 10. Except as expressly provided in this MOU, and to the extent permitted by law, MEMORANDUM OF UNDERSTANDING- 2 Of 3 ~~ any remedies described in this MOU are cumulative and not alternative to any other remedies available at law or in equity. 11.The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this MOU shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specked term or condition only for the time and in a manner spec~cally stated in the waiver. 12.This MOU shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. LYNX INVESTMENTS LP By Joseph ante, Waging Partner ~~ CITY OF MERIDIAN, IDAHO By: Tammy de rd, Mayor Attest: ~ rFO Jaycee L. Holm City Clerk - s~AL ~~ ~~~ o ,` %9~ ~tts~• Pte`,. Imo,, ~ A `,,4 MEMORANDUM OF UNDERSTANDING- 3 of 3 .~"~ i, ! 1332l1S NIdiN g ' __ 1 ~---•----------+--------1 O ! , , o ~ ~ ~ ~~ ~ ~ ~) ~ ~ , h N! ~ g _ f w ~.._. . - - ~.~ a ~~ ~ ~ ~) ~b ~ a N' ~ ;~ ~W i . ~ ~ h~ $~~" ~ O ,a h !~ ~ ~ ~ < W i i ~ ~ ~ $ ~ ~~ °~ i ~~~ i ~ f ~ m~ ~2 ~ `' ' ~ ~ x ~ w qW~ .~ ~~ ~ Z~ j ~~ -I ~ ~ ^ a ~ c~ z ~_! ~~ ~l~~ z ~ $i ~ z w ~ ~ ~ ~ }- - -. _. _.._ _.._ _ ~ ~. - ~-~ o W V } , ~ ~- _ ~ I ~ a !~_ ~ ~ ~ ~ ~. ~ O b g ~ h ~ ovoa Nvlalaaw . , ,ezora ----i--:. --- --- --- --- l l 'ZS9Z M ,61,£ZA S a -~~ I ~ .. ~,$ NN O y MEMORANDUM OF UNDERSTANDINC3- 4 Of 4 Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Sanitary Sewer and Water Main Easement Agreement with Lynx Investments, LP MEETING NOTES A-~~~,~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ - I U (I - I O ~ ~-he rec ort~ers ~-v- ~ xCc r~ ns`. ~~i~E IDIAN~-- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, EIT Staff Engineer Mayor Tammy de Weerd City Cwndl Mlmbtrs~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba DATE: October 26, 2010 SUBJECT: SANITARY SEWER AND WATER MAIN EASEMENT AGREEMENT WITH LYNX INVESTMENTS, LP. (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Sanitary Sewer and Water Main Easement Agreement with Lynx Investments, LP; and 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) Clint Dolsby, Assistant City Engineer Warren Stewart, Engineering Manager Tom Barry, Director of Public Works 489-0347 489-0341 489-0350 489-0372 Page 1 oj2 III. DESCRIPTION A. Background The Public Works Department is currently bidding a sewer line replacement project on private property. Due to separation requirements and age of pipe, the sewer line must be moved from its current location, requiring the acquisition of a new sanitary sewer and water main easement. B. Proposed Project The proposed easement will allow Public Works Staff to access the area for maintenance or repairs to the new sewer line or existing water main. IV. IMPACT A. Fiscal Impact: This easement agreement holds no monetary exchanges between the City of Meridian and Lynx Investments, LP. V. TIME CONSTRAINTS Council's approval of the agreement is critical for the construction of the new sewer line. The existing line has collapsed and needs replacement. VI. LIST OF ATTACHMENTS A. Sanitary Sewer and Wa r Main E se e Approved for Council Agend !D Da Page 2 of 2 .-~.. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6 BOISE IDAH01111y1011:05AM IIIIIIIIIIIII'll'l"II'~IIIIII'If~'ll DEPUTY Vicki Allen I I RECORDED-REQUEST OF 11016729 Meridian City SA1yITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~lo~ . , 20 to between Lynx Investments, LP, 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 aver 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 fi~ee 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 Sanitary Sewer and Water Main Easement Lynx Sewer and Water Easement.wps 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 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: ~~ Joseph uarte, g Partner Address STATE OF IDAHO ) ss County of Ada ) On this ~ day of ~~'~~'~' ~'/~ . 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared 1 known or identified to me to be the Managing Partner, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. Sanitary Sewer and Water Main Easement Lynx_Sewer and Water Easement.wps IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. G~ Pl ~i O~-Z~IC~'~. NOT Y PUBLIC FOR IDAHO Residing at: ~ ~ %Uc~ •!'" Commission Expires: ~i~~~ GRANTEE: CITY OF MERIDIAN ``~~,~~`~~~1 OF M~O~q~L~%',", ~~~~ rF Tammy de W d, Mayor ~ __ EAL '~ QOM '~ ~ ~: st by cee L. Holman, City Clerk "'-, O t ~s~ ~ ~~ ~,.~ .~ Approved By City Coun STATE OF IDAHO, ) . ss. County of Ada ) On this~_day of T~ esnbe,l , 2010, before me, the undersigned, a Notary Public in and for said State, personally aIPP~ 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. (SEAL) ~.....~ .•'1GA Jp~~•. .~ ;'~; ~ • .. • ', G ~o: . . ~;`~'tTB'L `~,'`~' .. TARY PUBL C AHO Re iding at•____s~r~~as~ . ID Commission Expires: Ja--, y r ~~ ..,. Sanitary Sewer and Water Main Easement Lynx Sewer and Water Easement.wps EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO An easement for sanitary sewer and water main purposes located in Government Lot 1 of Section 7, Township 3 North, Range 1 East, Boise Meridian, and being a part of Block 6 of the AMENDED PLAT OF F.A. NOURSE'S THIRD ADDITION as shown in Book 7 of Plats at Page 299 in the office of the Recorder, Ada County, Idaho, more particulazly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said Lot 1 from which a brass cap monument marking the southwesterly corner of the NW '/a of said Section 7 beazs S 0°23' 19" W a distance of 2652.11 feet; Thence S 0°23' 19" W along the westerly boundary of said Government Lot 1 a distance of 230.28 feet to a point; Thence leaving said westerly boundary N 89°36'48" E a distance of 40.00 feet to the POINT OF BEGINNING; Thence continuing N 89°36'48" E a distance of 447.67 feet to a point on the westerly right-of--way of Main Street; Thence N 0°31'50" E along said westerly right-of--way a distance of 20.00 feet to a point; Thence leaving said westerly right-of--way S 89°36'48" W a distance of 237.84 feet to a point; Thence N 0°23' 12" W a distance of 8.00 feet to a point; Thence S 89°36'48" W a distance of 209.77 feet to a point on the easterly right-of--way of Meridian Road; Thence S 0°23' 19" W along said easterly right-of--way a distance of 28.00 feet to the POINT OF BEGINNING. This parcel contains 0.244 acres and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated September 23, 2010 ~' =i ~~ ~ ~~ a 9,,~I~IO~~ ~~ `~ !~. ~~ W 0 W o ~ v W ~o 2~ O~ Q VQ ~W w ~o m Z q zW '~, ~ ZW WQ W oz O ~ ~ Z 3 1 1 i %~ /~ / ,~ i~ / ~ / / /~ ~ ! ~ i W I Z ~ } l ~ ~ I ~ W 2 U I I _~ __ ~~ r ' _. • w , - Z .._.~ -.. ~ 1 133a1S NIdW I' ~ ~I Ni ~ O- ~O ~ ~ N i_.._~. _.. _.. .._ ~..._.._~, _..~.~ ~ ~ '~ ~ ~ ~ ~~ -- _ ~. I ~ ~ w ^ o ~ : ~ `~ o i N ~ ~ ~. 1~ w ~ ~~ ~_ ~ N i ~~ ~ i~ N M •~~ i tp ~ I ~ Z .- F. Z I Z ~ N~ ~ ~ ~ 4 ~? ~~ i ~ Z N~ I Z _..___. -_ -.._ ~ .~ m _ 3: ' ~~ ~ z ~° # o ~o ~ o- ;~, , ~~ --~.-----~.----~.--~' I- odoa Ndlola3w ,8z osz _ l l ZS9Z M„ 6l, FZ O S 3 °j o 0 h~ 0 W ~o ~° :~ o~ ~ROJECT: DESCRIPTION: 'I LE: M:\10029\SURVEY\CONTROL.CGO v'~``r : U . S . SURVEY FOOT INSTRUMENT SETUP Instrument point: Backsight point: Backsight Bearing: Remarks: Thursday, September 23,2010 2:03 PM PAGE 1 1 712351.9200 2459693.2900 1 712351.9200 2454693.2900 N 00°00'00.0" E Distance: easement TYPE FROM TO DIRECTION --------- - DISTANCE ---------- ------ INV ----- - 1 ---- 10 --- S --- 00°23'19.2" W 230.280 INV 10 11 N 89°36'48.2" E 40.009 INV 11 12 N 89°36'48.2" E 447.669 INV 12 13 N 00°31'49.9" E 20.003 INV 13 14 S 89°36'48.2" W 237.840 INV 14 15 N 00°23'11.8" W 8.000 INV 15 16 S 89°36'48.2" W 209.770 INV 16 11 S 00°23'19.2" W 28.003 INV 11 10 S 89°36'48.2" W 40.004 INV 10 1 N 00°23'19.2" E 230.280 Perimeter is: 1491.851 0.000 NORTHING FASTING 712121.6453.2454691.7279 712121.9152 2454731.7307 712124.9360 2455179.3890 712144.9377 2455179.5792 712143.3328 2454991.7399 712151.3326 2454941.6859 712199.9172 2454731.9206 712121.9152 2454731.7307 712121.6453 2454691.7279 712351.9200 2454693.2900 Area is: 10632.457 Square feet 0.2441 Acres Area has been reset. INV 1 3 S 00°23'19.2" W 2652.111 709699.8700 2454675.3000 ~,'"~ Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 5G PROJECT NUMBER: .ITEM TITLE: Approval of Agreement for Hookup to the City of Meridian's Sewer/Water System Outside the City Limits for Jay W. Clow Located at 2301 S. Ten Mile Road MEETING NOTES ~`~p raveD( CLERKS OFFICE FINAL ACTION DATE: E-MANED TO STAFF SENT TO AGENCY SENT TO APPUCaNT NOTES INITIALS ~ (- I C~9 I I -- I O ~ ~ -H1e ret o-~d eats ~c ~ I I-10 -- `phn CAtI w~ Tirn Curr\S t (~ ~ ~ ~ 1 ~ t ~ - oYla ~ -~a1 -~ 5~~.~--~~- ~~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: October 28, 2010 Mayor Tammy de Weerd City Cewneil Memberf~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS FOR JAY W. CLOW OF 2301 S. TEN MILE ROAD I. RECOMMENDED ACTION A. Move to: 1. Approve the agreement for hookup to the City of Meridian's sewer/water system outside the City Limits for Jay W. Clow of 2301 S. Ten Mile Road; and 2. Authorize the Mayor to sign the 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 rg ound The Ada County Highway District (ACHD) will begin construction of Ten Mile Road between the new interchange and Lamont Road this winter. In the process of widening the roadway, the property owner at 2301 S. Ten Mile Road will lose his septic field. Through the right-of--way negotiation process, ACRD had agreed to connect the property to the existing sewer line in Ten Mile Road. Water service is 1 of 3 not available for this property; however, a stub will be constructed to facilitate an eventual connection. The subject agreement is required of the property to ensure that it is annexed once it becomes contiguous to the City limits and to ensure eventual connection to City water once it is available. Water will not be available to this location until a booster station is constructed, which is contingent upon future development. IV. IMPACT A. Strate ig•c Impact: This agreement with the property owner, Jay W. Clow, furthers the department's mission to plan and provide public services and facilities that support the needs of our growing community and ensure modern and reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: This agreement makes immediate sewer service and eventual water service possible for 2301 S. Ten Mile Road. The sewer system that this property will connect to was designed with adequate capacity to serve this parcel. C. Fiscal Impact: The City will not incur any construction costs associated with the sewer connection by approving this agreement. This agreement ensures future annexation of 2301 S. Ten Mile Road and future connection to City water, which will bring additional revenue at that time. V. ALTERNATIVES Council may choose not to approve the agreement; however, this would cause conflict with State regulations that require connection to available municipal sewer instead of construction of a new septic system. In turn, not being able to connect 2301 S. Ten Mile Road to the City sewer could delay the ACHD road widening project. 2 of 3 VI. TIME CONSTRAINTS Council's approval will allow for closure of ACHD's right-of--way negotiations with the property owner of 2301 S. Ten Mile Road. VII. LIST OF ATTACHMENTS A. Agreement with Jay W. Clow of 2301 S. Ten Mile Road Approved for Council Agenda: 3 ~ arren Stewart, Engineering Manager D to 3 of 3 ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 EI BOISE IDAH011112l10 11:05 AM RECORDED ` REaiuEST of II I I I II I II II I I II II III IIII I III I IIII III Meridian City 110 1 E1672S AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 2301 S. Ten Mile Road THIS AGREEMENT is made and entered into this ~_ day of , 2010, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and Jay W. Clow, as hereinafter defined and hereinafter referred to as "SEWER/WATER USER". 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §SO-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the "Real Property" in to the "City". .~ AGREEMENT FOR HOOKUPTO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS • ~ 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically ~,.,~ includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to authorize a connection to the "Sewer/ System" to service the "Real Property" subject to the terms and conditions of this Agreement. AGREEMENT FOR HOOKUPTOTHE CITY OF MERIDIAN'S SEWERNVATER SYSTEM OUTSIDE THE CITY LIMITS - 2 5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The Sewer/Water user shall be responsible for all costs associated with the prepazation of construction plans, acquisition of necessary easements, and all costs of construction. The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and aze herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the ~,,,e annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. § SO-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. ~'"~ 11. REMEDIES: AGREEMENT FOR HOOKUPTO THE CITY OF MERIDIAN'S SEWERNVATER SYSTEM OUTSIDE THE CITY LIMITS - 3 ~, 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaultingparty shall then have thirty (30) days after delivery of notice of default to correct the same before the non-defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. ~` 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o Public Works Director City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 PROPERTY OWNER: Jay W. Clow 450 W. Silver Terrace Road Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the '"~ requirements of this section. AGREEMENT FOR HOOKUPTOTHE CITY OF MERIDIAN'S SEWERNVATER SYSTEM OUTSIDE THE CITY LIMITS - 4 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 1 S. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' ,,...,,, respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". AGREEMENT FOR HOOKUPTO THE CITY OF MERIDIAN'S SEWERNVATER SYSTEM OUTSIDE THE CITY lIM ITS - 5 18. TERMINATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. .~ AGREEMENT FOR HOOKUPTO THE CITY OF MERIDIAN'S SEWERNVATER SYSTEM OUTSIDE THE CITY LIMITS - 6 r~ ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Property Owner Jay W. C o CITY OF MERIDIAN By: ~ MAYO MY DE WEERD ATTEST: \~\,.,...... t,,,,,~~~ FM ' rFa , CEE LMAN, CITY CLERK $~~L ~~^ ~~°~ APPROVED BY COUNCIL ON: -~ t ~ ~. ~ ~ U NTY ~ STATE OF IDAHO, ) . ss. County of Ada ) On this ~ day of , in the year 2010, before me, the undersigned, a Notary Public, personally appeared Jay W. Clow, known or identified to me to be the property owner, who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. 'y SE~-~ARA MICA ~/ RTHY Notary Public r Idaho NOTARY PUBLIC Residing at: ~ STATE OF IDAHO My Commission Expires• ~ 3 AGREEMENT FOR HOOKUPTO THE CITY OF MERIDIAN'S SEWERNVATER SYSTEM OUTSIDE THE CITY LIMITS - 7 ~~ STATE OF IDAHO, ) County of Ada . ss. On this q day of -~~~ ~ , in the year 201a ,before me„ ~oyCee ~ the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and i~~]EI-G. ~~ ~r~ l~FsR~,-~R., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~....... (SEAL) :~~ ~ _._ ~ o, f. • • ~, . ~p• .Q~ ~~-•. ~ ~ ~t~`. ~~• •~~~~~s~~~• No Public for I Residing at: -..~e,~~~t~h , I~ My Commission Expires: r}m~ ,,, ~ ~~~ ~ -r- AGREEMENT FOR HOOKUPTOTHE CITY OF MERIDIAN'S SEWERNVATER SYSTEM OUTSIDE THE CITY LIMITS - 8 Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: License Agreement with Nampa & Meridian Irrigation District to Cross the Kennedy Lateral with a Trunk Sewer Line for the Victory Road Sewer Connector Project P-- C~oCurvteM-~- A{~aC-t~ec~ (.c~~isS tv1C prreG-~ ~~. Y-ct~t Cc~~'1 D r~ D r~ i 1 ~ (b ~~ (''r M ~4 MEETING NOTES ~~o~ ~, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS " ~ ~ ~r~q ~ ~w,l s~,,-j- -t~, ~NNI ~D ~~ep - R~ L Q~, ~ `' ~ RINGERT ' LAW - Laura E. Burri Adam S. Christenson Jeft'rey R Christenson David E Claiborne S. Bryce Fazris Jon C. Gould David Hammerquist Charles L. Honsinger'* James P ICauSnan November 1, 2010 Jennifer Reid Mahoney James G. Rcid Daniel V. Steenson Corey Peacock, P.E. Civil Survey Consultants, Inc. 1400 E. Watertower Street Meridian, Idaho 83642 Re: Request for License Agreement with Nampa & Meridian Irrigation District Dear Corey: Enclosed for review and signature is the original ofthe above-referenced License Agreement y ou requested on behalf of the City of Meridian. The License Agreement must be signed and notarized as indicated. Do not date page one of the License Agreement. Ifthe original is executed and returned to me by November 10, 2010, I will be able to submit the license agreement to the District's Board of Directors for approval and signature at the Board's next meeting on November 16, 2010. The District will have the original recorded and I will return a copy to you. Please contact me if you have any questions or comments regarding this matter. Yours v truly, S. Bryce Farris SBF:kw Enclosure 455 South Third Street PO Box 2773 Boise, Idaho 83701 208.342.4591 FAX 208.342.4657 ' also licensed in OR www.r i n g e r t l a w.com "also licensed in CO ~~i~E IDIAN~- Public IDAHO Works Department 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: John Boyd Engineering Technician II DATE: 11/02/2010 SUBJECT: LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT TO CROSS THE KENNEDY LATERAL WITH A TRUNK SEWER LINE FOR THE VICTORY ROAD SEWER CONNECTOR PROJECT. I. RECOMMENDED ACTION A. Move to: 1. Approve the License Agreement with Nampa & Meridian Irrigation District to allow installation of a 27" Trunk Sewer line that crosses the Kennedy Lateral in Victory Road. This line will be installed as part of the Victory Road Sewer Connector Project. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Warren Stewart, PW Engineering Manager Kyle Radek, Asst. City Engineer Clint Worthington, Staff Engineer (Project Manager) 489-0372 489-0350 489-0343 489-0349 Page 1 of 2 III. DESCRIPTION A. Background 1. The proposed project consists of constructing a connecting segment of the Black Cat trunk sewer, approximately 2,600 feet in length south and adjacent to Victory Road, east of Meridian Road. A portion of the sewer main crosses the Kennedy Lateral and therefore requires a License Agreement with the Nampa & Meridian Irrigation District. 2. Any time our facilities cross an irrigation district canal, we must have permission from the appropriate district to install them prior to construction. This License Agreement complies with that requirement. IV. IMPACT A. Strate i~ c Impact: 1. There is no Strategic Impact from this action. B. Service/Deliver~Impact: 1. Without approval of this License Agreement the installation of the abovementioned utility line cannot take place. This would cause a reduction in sewer services to residents east of Meridian Rd. C. Fiscal Impact: 1. There is no Fiscal Impact from this action. V. ALTERNATIVES A. Not Applicable VL TIME CONSTRAINTS A. Not Applicable VII. LIST OF ATTACHMENTS A. Nampa & Meridian Irrigation District License Agreement Approved for Council Agenda: ~U arren Stew ngineering anager ate Page 2 of 2 Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Water Main Easement for Ada County Paramedic Station #36 Located at 3195 North Linder Road MEETING NOTES ~~ V-'p~J CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 'To `i'~2 ea6 S~>Ye -b 7~av~ ~ N~~rro (1- -l~ f (- 1 O N~ dtd no i' Stq h ~ rvt a ~ l~eol c~ d~ rC~ m 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: 11/2/10 SUBJECT: Water Main Easement for Ada County Paramedic Station #36 - 3195 N. Linder Road I. RECOMMENDED ACTION A. Move to: 1. Approve a Water Main Easement for the City of Meridian. This is to provide an easement for water to serve the above referenced project. It includes a water main, two-inch domestic meter, and a new hydrant. 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 Approval Scott Steckline 489-0372 489-0362 489-0369 489-0371 Page 1 of 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAH011122l10 04:3Ei PM RECORDED nREQUEST OF '~I ~~~IIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~ Ada Couniy Commissioners 110110284 WATER MAIN EASEMENT THIS INDENTURE, made this 1 day of Novem~c{, 2010 between Ada County Emergency Medical District, 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 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 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 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 efYect and shall be completely relinquished. WATER MAIN EASEMENT Meridian Easement.doc n:bperations~meridian easement.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. ~'"` WATER MAtN EASEMENT Meridian Easement.doc n:bperations~neridian easement.doc -''`~, IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Board of the Ada County Emergency Medical Services District ay: Rick Yzaguirr a an By: S on M. Ullman, Commissioner r sy: Fred Tilman, Commissioner ATTEST: ~U~.._ avid Nav o, oun Clerk G ~ ~G STATE OF IDAHO ) ss County of Ada ) On this ~~ day of , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Rick Yzaguirre, Sharon M. Ullman, and Fred Tilman, known or identified to me to be the Commissioners of the Board of Ada County Emergency Medical District, 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. ~r~ "7 (SE ) `o~l1Rr !"~` ~~ NOTARY PU LIC FOR IDAHO Residing at L ` Commission Expires: , WATER MAIN EASEMENT Meridian Easement.doc n:bperations4neridian easement.doc GRANTEE: CITY OF MERIDIAN OF MFRS ~'~~, Tammy de " d, Mayor ,,~`~~, ~ '; ., ~ o L - est b ycee L. Holman, City Clerk 9 ~~ 1~~ ,, O ~r st . Approved By City Council On: STATE OF IDAHO County of Ada ss ®~U On this ~ day of ']~ie..m~ , 20~U ,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. ~...... •••51CA JO••• ~~ .----_ T • N TAR PUBL HO / ~~ (SEAL) ~ Residing at: ~(~¢..rr! d IG~-'l . 11~ ,• . Commission Expires: ~ ~r~,l~ ~T~,Q(_ :~~`~~1gI,1G ~ ' o: '~9 -~Q~• WATER MAIN EASEMENT Meridian Easement.doc n:bperationslmeridian easement.doc TEALEY'S LAND t87 E. 50th Street .Garden City, Idaho 83714 SURVEYING (2~) 3as-o83s Fax {2l~) 385•t1696 Project. No.: 3408 Date: October 19, 2010 EXHIBIT "A" DESCRIPTION FOR ADA COUNTY PARAMEDICS STATION #36 - 20' CITY OF MERIDIAN WATER EASEMENT A 20-foot City of Meridian water line easement lying in the NE 1/4 of Section Z, T.3N., R.1W., 13.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Northeast corner of said Section 2; thence along the East boundary of said Section 2, which is also the centerline of North Linder Road South 00°01'00" East 393.33 feet to a point; thence leaving said East boundary at right angles South 89°59'00" West 45.00 feet to the POINT OF BEGINNING on the West right-of--way line of said North Linder Road; thence continuing South 89°59'00" West 20.00 feet to a point; thence at right angles and parallel with said West right-of--way line of North Linder Road North 00°01'00" West 45.00 feet to a point; thence at right angles North 89°59'00" East 20.00 feet to a point on said West right-of-way line of North Linder Road; thence along said West right-of--way line South 00°01'00" East 45.00 feet to the POINT OF BEGINNING, Said easement contains 900 square feet, more or less. ~. . ~~t~ A. ~~'~`..i1M ~. wiSlOEleocL~O!-w~tw..u..aoc. ac EXHIBIT "B" CITY OF MERIDIAN WATER EASEMENT AT ADA COUNTY PARAMEDIC STATION #36 A PORTION OF THE NE I/4, SECTION 2, T.3N., R.IW., B.M. WEST USTICK ROAD MERIDIAN, ADA COUNTY, lDANO 35 36 2 I --- \\ I ~ I I i, E I I ~ I ~~ . i N 89.39'00' E ~( 20.00 .°og ' o0 0 o ~?, o z ~~~ ~n 4 ,,..,.. S 89 S 99'59'00• W 20.00' \ ! \ P.O.B. I ~ ! \ I \ l I m m m m ~o ~o m w 0 0 0 0 0 N 1 t N I/ 16 CORNER SECT.2 SECT,I 3408-Woter-Eose.dWg 10-20-10 07:41:39 dmorks f~ ~'7 J EASEMENT AREA = 900 S.F. N. 0 20 40 80 SCALE IN FEET 1" = 40' f~~ ' /..rl. In{'S.`'.f Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 5J PROJECT NUMBER: ITEM TITLE: Amendment to Original Contract Dated August 24, 2009 for Liquid Emulsion Polymer with Weschem, Inc. for aNot-To-Exceed Amount of $112,100.00 MEETING NOTES ~~~ov 2G~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~~~~ "'" ~ V ~'~~~na~ ~ ~I~ 1~1 ~~i~E IDIAN~-- ~11b11C IDAHO Works Department Mayor Tammy de Weerd CRy Cewncil Menrbe~s~ 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: October 3, 2010 SUBJECT: AMENDMENT TO ORIGINAL CONTRACT DATED AUGUST 24, 2009 FOR LIQUID EMULSION POLYMER WITH WESCHEM, INC. FOR A NOT TO EXCEED AMOUNT OF $112,100.00 (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Contract Amendment with Weschem, Inc. for Liquid Emulsion Polymer in a not to exceed amount of $100,000.00; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) Tracy Crane, Wastewater Superintendent Rich Dees, Deputy PW Director Tom Barry, Director of Public Works 489-0347 888-2191 489-0351 489-0372 Page 1 of 2 III. DESCRIPTION A. Back ound Liquid Emulsion Polymer is used at the Wastewater Treatment Plant (WWTP) for dewatering of sludge. In August 2009 a solicitation for bids was held in which Weschem, Inc. was the low bidder and supplied the WWTP with $109,340.00 of liquid emulsion polymer. B. Proposed Project The proposed contract amendment will continue the agreement with Weschem, Inc. supplying liquid emulsion polymer for use in dewatering sludge. Weschem, Inc. has guaranteed a contractual price of $1.18 per pound of polymer, inclusive of shipping, delivery, and container return services. The wastewater treatment plant anticipates using approximately 95,000 pounds of polymer over the course of the agreement for a total cost not-to-exceed $112,100.00 C. Supplier Selection Weschem, Inc. has supplied liquid emulsion polymer to the WWTP for 1 year and has satisfied contractual requirements during that time. N. IMPACT A. Fiscal Impact: Project Costs: Contract Amendment Amount (Not-to-exceed) $112,100.00 Total Costs $112,100.00 Project Funding Wastewater Chemicals (3510-52015) $112,100.00 Total Funding $112,100.00 V. TIME CONSTRAINTS Council's approval of the agreement is critical for continued supply of liquid emulsion polymer to the WWTP. The contract amendment will extend the contract with Weschem, Inc. to July 31, 2011. VI. LIST OF ATTACHMENTS A. Contract Amendme ~'` ._............_...... s Approved for Council Agenda: C) D to Page 2 of 2 ~~ERIDIAN~,~- ~"'~ IDAHO CITY OF MERIDIAN CONTRACT AMENDMENT ~,""t CONTRACTOR NAME: DEPARTMENT NAME: WESCHEM, INC WASTEWATER ADDRESS: ADDRESS: P O Box 4072 33 E. Broadway Boise, ID 83711 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract name d~ Project No. Li id E IsionPol er - PW-09-10 77A Amendment Date: 10/25/2010 Previous Amendments: 0 Current Contract Dates: START: 8/24/2009 COMPLETION: 8/24/2010 Current Contract Amount (Inclusive of Previous Amendments to Date): $109.340.00 CHOOSE ONE AMENDMENT COLUMS BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE OPTION TO RENEW" and check off any applicable amendments under that column. STANDARD AMENDMENT AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that avnlvl (Check all that Anvly) Amendment to Contract Performance (Scope) Amendment to Contract Performance Amendment to Contract Dates X Amendment to Contract Dates Amendment to Contract Amount X Amendment to Contract Amount Other: (Explain) Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): The City of Meridian is opting to extend this contract for an additional one year. Weschem will guarantee product ricin at $1.18/Ib for an additional 12 months. Contract amendment is for 95,000 Ibs of of er. NEW CONTRACT INFORMATION: Amendment Date: 11/1/2010 New Contract Dates: START: 8/24/2010 COMPLETION: 07/31/2011 Amount of Amendment Change $112.100.00 Current Contract Amount (/ncluslve of Previous Amendments to Date): $221.440.00 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY~IDIAN TAMM EERD, MAYO`R`.~~,~y ~~/,qy%,~~~/ .''"`• Dated: ~ '" 1 ~ ~ ~ ~ .~ TFO Approved by Council: ~t~ _ Att st: ~ .~~~ = `~'!~ ~ ., `OQ, \``\. =, '9p r1s~' ,~ JAYCEE LMAN, CITY CLERK '%,,,~`~~~~NTY`;\~~~.~`~ WESCHEM, INC BY: Dated: l ( j ~ ~ a Approved by City s t C ntent BY: KEIT ATTS, U CHASING AGENT - ~ l '~V~es~c~+~r~ tnc September 2, 2010 Mr. Keith Watts Meridian Public Works Suite 200 33 Broadway Meridian, ID 83642 Dear Keith: Water & Energy Solutions P.O. Box 4072 Boise, ID 83711 Office:208-375-4001 Fax:208-375-4002 Re: Bid Extension This letter will serve to confirm pricing for extending Bid No. PW-09-10077A for Chemfloc 4160 polymer. Weschem Inc. will guarantee pricing for this product at $1.18/lb. for a contract extension period ending on 7-31-2011. Please feel free to contact either Don Bailey or myself if you have any question. Best regards, Weschem Inc Mark M. Plafcan Vice President Meridian City Council Meeting .DATE: November 9, 2010 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Award of Bid (IFB #PD-11-10213) for ShoreTel .Phone System to VLCM at the Police Department for aNot-to-Exceed Amount of $52,556.35 MEETING NOTES E~~~,rec~ CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO seNT To NOTES INITIALS AGENCY APPLICANT Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager CC: Jacy Jones, Jeff Lavey Date: 11 /4/10 Re: November 9 City Council Meeting Agenda Item The Police Department c/o the Purchasing Department respectfully requests that the following item be placed on the November 9 City Council Consent Agenda for Council's consideration. Approval of Award Police Department ShoreTel Phone System. This award is for the new phone system at the Police Department. The Bid was opened on November 2, 2010 and VLCM is the low bidder at $52,556.35. Recommended Council Action: Approval of Award for the Not-To-Exceed amount of $52,556.35 (low bid) and authorize the Purchasing Manager to create and sign a purchase order for the award. Thank you for your consideration. ~ Page 1 :: ~ ~. °~ a Y a ~ ~ o ~ g 3 x m n x x x ZO X x ~ ~ 0 m ~ ~ N ~ ~ ~ ~• ~ oo rn cn rn ~ ~ ~ ~ w w V g W S ~ ~ C~11 N CII V1 ~ ~ ~ w w m z v s ign.a ddendum No 1 m O m C m a v s m v C r m p~ r v 0 C m 'v v J i W v N m v m O N w 0 r^ C~J z C~ ,~ ~~ L`J C r Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Order for Approval: TE 10-021 Arch Rock Subdivision by CTD Development, LLC Located at 4550 N. Linder Road Request: 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES ~~~~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Order and Findings of Fact, Conclusions of Law for Approval: PFP 10-003 for Raisin' Angels Subdivision by Capital Holdings, LLC. Located at 1125 E. Pine Avenue Request: Combined Preliminary /Final Plat Approval of 2 Building Lots on 0.96 of an Acre MEETING NOTES ~j ~avec~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ro- ©o ~; f Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: RZ 10-002 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Rezone Approval of 0.43 of an Acre with a C-C Zoning District MEETING NOTES Findings in the PFP 10-003 file CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO SENT TO NOTES INITIALS AGENCY APPLICANT Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: CUP 10-010 for Raisin' Angels Subdivision by Capital Hill Holdings, LLC Located at 1125 E. Pine Avenue Request: Conditional Use Permit Approval for a Daycare Center for up to Sixty (60) Children in a Proposed C-C Zoning District MEETING NOTES Findings in the PFP 10-003 file CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO seNr 7o NOTES INITIALS AGENCY APPLICANT Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Introduction and Recognition of Police Department Newly Hired and Promoted Officers by Chief Jeff Lavey MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO SENT TO NOTES INITIALS AGENCY APPLICANT Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent MEETING NOTES I~1o~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO ssNT to NOTES INITIALS AGENCY APPLICANT Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: $q PROJECT NUMBER: ITEM TITLE: Open Public Hearing and Public Comment Period for PY2009 Consolidated Annual Performance and Evaluation Report (CAPER) Regarding the City's Use of Community Development Block Grant (CDBG) Funds MEETING NOTES ~ I ~ c~p~~ed - c..~ .11 re rYlo,~~ c~~e.n `~~-I-~ ~~,edr~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO seNT to NOTES INITIALS AGENCY APPLICANT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REroRT (CAPER) CITY OF ~E IDIZ IAN}- ~J 33 East Broadway Meridian, ID83642 208/888-4433 m __ _ M ~Q Upon request, this document will be provided in a format accessible to persons with disabilities and/or persons with limited English proficiency. The City of Meridian prohibits discrimination on the basis of race, -r color, sex, religion, national origin, handicap, or familial status. r i r _ - - t .5 .kY a.yt_. :yam:..:-w.~ ~ .. ,. =. • TABLE OF CONTENTS • City of Meridian, Idaho 2 2009 CAPER DRAFT INTRODUCTION The City of Meridian is a recipient of federal Community Development Block Grant (CDBG) funds. The U.S. Department of Housing and Urban Development (HUD) provides these funds to the City on a formula basis. As a recipient of these funds, the City is required to prepare a Consolidated Plan, also known as a five-year strategic plan. The plan identifies the housing and community needs of the City, organizes these needs based on priority, identifies resources that address the community's needs, and establishes annual goals and objectives to meet those needs. The Consolidated Plan is further broken down into annual action plans, which the City prepares and submits to HUD each year. The annual action plan spells out specifically how the City will address the goals and objectives in the Consolidated Plan during that program year. At the end of each program year, the City provides a summary of expenditures and related accomplishments to the public and HUD. This annual assessment is called the Consolidated Annual Performance and Evaluation Report (CAPER). While this report only addresses goals achieved by expending funds for the CDBG program, it is important to note that the success of the program is largely dependent on the efforts and resources of other private and public agencies and organizations. CAPER requirements are outlined in 24 CFR § 91.520. The report provides a review and evaluation of the City's performance during the 2009 Program Year (PY 2009) and the five-year timeframe of the 2007-2011 Consolidated Plan. The subject program year began October 1, 2009 and ended September 30, 2010. This document includes reports generated by HUD's Integrated Disbursement and Information System (IDIS). These IDIS reports summarize the City's accomplishments for PY09. HUD- recommended tables complement the narrative section and IDIS reports to provide an update on the City's progress in achieving the goals and objectives identified in the Consolidated Plan. City of Meridian, Idaho 3 2009 CAPER DRAFT EXECUTIVE SUMMARY The performance measurement system outlined in the City's Consolidated Plan is based on the following HUD initiatives: • Create a Suitable Living Environment • Provide Decent Housing • Create Economic Opportunities These initiatives are carried out by the City of Meridian and various partner agencies and entities. They are consistent with the guidelines set-forth by HUD in accordance with regulations governing the use of CDBG funds and are based on the needs that the City has identified through its own assessment and on-going input from the citizens of Meridian. Table 1 provides a summary of PY2009 Action Plan activities, along with an update of activity status (expenditures to date). Table 1: PY2009 Action Plan Activities Administration 49,947.00 38,976.33 10,970.67 Bo s & Girls Club 17,000.00 6,782.59 10,217.41 Meridian Food Bank 20,000.00 20,000.00 0.00 Five Mile Creek Pathwa Envt & CN 33,000.00 0.00 33,000.00 Centennial Park Im rovements 55,000.00 55,000.00 0.00 Boise Cit /Ada Count Housin Authorit 35,000.00 25,000.00 10,000.00 Fa ade Im rovements 40,000.00 0.00 40,000.00 1. Summary of PY2009 Accomplishments The following is a summary of the City's accomplishments in PY2009: • Continued distributing the City of Meridian Community Resource Directory • Trained a new CDBG Program Administrator for the City • Completed the 2010 Action Plan • Provided fair housing activity support to Idaho Housing & Finance Association • Assisted three Low-to Moderate Income (LMI) families in the purchase of homes • Completed improvements at Centennial Park to benefit LMI residents in the area • Developed plans for the future construction the Five Mile Creek Pathway (segment H.1) • Provided assistance to community organizations (Senior Center, Boys &Girls Club Transportation Program, and the Meridian Food Bank) for public service projects that benefit LMI individuals and families. • Continued administration of several projects from previous program years including: Boys & Girls Club Gym Design (PY2008), Infrastructure design (PY2008), Code Enforcement (PY2008), Street light design (PY2007), Meridian Senior Center Public Services Program (PY2008), and Community Center ADA upgrades (PY2007). City of Meridian, Idaho 4 2009 CAPER DRAFT 2. Summary of Resources and Distribution of Funds The City continued its efforts to address the priority housing and community needs identified in the 2007-2011 Consolidated Plan. The 2009 Action Plan focused primarily on LMI beneficiaries. Table 2 provides a summary of expenditures by Consolidated Plan goals/objective categories: Table 2: Expenditure by Consolidated Plan GoaUObjective Category Goal/Activity Allocated Expended Remaining Suitable Living Environment $125,000.00 $81,782.59 $43,217.41 Five Mile Creek Pathway Envt. & CN $33,000.00 $0.00 $33,000.00 Centennial Park Improvements $55,000.00 $55,000.00 $0.00 Meridian Food Bank $20,000.00 $20,000.00 $0.00 Boys & Girls Club $17,000.00 $6,782.59 $10,217.41 Economic Devebpment $40,000.00 $0.00 $40,000.00 Facade Improvements $40,000.00 $0.00 $40,000.00 Decent Housing $35,000.00 $25,000.00 $10,000.00 BCACHA $35,000.00 $25,000.00 $10,000.00 General $49,947.00 $38,976.33 $10,970.67 Administration $49,947.00 $10,970.67 $10,970.67 Nom: None of the Cat's activities this yeargenerated program income. Nom: AI funds received were from the CDBG Program. The Cityda' not receive any other assistance from HUD during the 2008 Program Year. City of Meridian, Idaho 5 2009 CAPER DRAFT The following map depicts the geographic distribution and location of expenditures. PY2O09 Distribution of Funds 0 ~ W-USTICIt-RD ~- E-USTIGK-RD- W r ~ °~ a ~ f ~ o ~ .. - ~ W 1--.~. ~ ~ W r H j. 2 ~ r~ J Z C.i O Z a Z ~~ I 1 -- ( a.,. I 1 E N E-FRANKLIN-RD z ~ I~ W ~~ G ~ ~ t7 ? z s ~ INTERSTATE RdAr~.~ n -RD ----------E-OVERL-AND- Legend LMI Area -Meridian Boys & Girls Club -Meridian City Hall/Administration Meridian Food Bank Note: The City provided funding through BCACHA for homeownership assistance. The homes purchased -Centennial Park were not in the LMI area or immediate vicinity, although the purchasers are all LMI individuals/families. City of Meridian, Idaho 6 2009 CAPER DRAFT THREE -FIVE YEAR PLAN ASSESSMENT OF PROGRESS 1. Three -Five Year Goals and Objectives Due to the broad range of goals and objectives outlined in the Consolidated Plan relative to resources available for its implementation, the City was not able to address each specific objective in the Consolidated Plan during the 2009 Program Year. All expenditures did, however, achieve outcomes and address goals put forth in the City's Consolidated Plan. Approximately 73% of the PY2009 funds (this excludes administrative funds) that were expended this year, were spent in the target areas. The City of Meridian has chosen a three year period of 2007, 2008, and 2009 to meet its Certification of Overall Benefit. As identified in the attached report (PR26), the City's certification percentage for the three year period is 87.15% benefit to low/moderate income persons. The City made progress on the following objectives through PY2009 activities as described below: Five Mile Creek Pathway (Suitable Living Environment): The Five Mile Creek Pathway segment will traverse along the east side of Five Mile Creek from Pine Avenue to Fairview Avenue. The project is located in apre-designated LMI area as identified by HUD (Census Tract 010321, Block Group 1). The 2009 Action Plan allocated $33,000 for the continuing environmental study of this project and possible construction funding. While this project did not expend any PY09 funds, the project is advancing and approximately $37,000 was spent from PY07. The City has submitted the Environmental Assessment to HUD along with a Request for Release of Funds, and is awaiting approval to continue the process. Multiple public meetings have been held to provide the surrounding property owners with an opportunity to comment on the specifics of the proposed project. A final alignment needs to be determined, and the City anticipates the project beginning construction in 201 L In addition, the City's 2010 Action Plan allocated $120,000 for construction of this pathway. Centennial Park Improvements (Suitable Living Environment): The Park is located at 223 E. Idaho Avenue, just south of Census Tract 010321, Block Group 1. The PY09 Action Plan allocated $55,000 for improvements to be constructed in Centennial Park. The entire $55,000 was expended during this program year, and nearby residents are enjoying the enhanced amenities. The improvements installed at the Park include astate- of-the-art NEOS 360 electronic play system, a picnic shelter, bike racks, and game tables. This project contributed to the sustainability of a suitable living environment (SL-3) as outlined in the Consolidated Plan. Meridian Food Bank (Suitable Living Environment): In PY2009, the City allocated $20,000 for use by the Meridian Food bank to provide purchase food for area residents in need. In addition, $18,271.96 was reallocated from PY2008. The Meridian Food Bank expended all of the PY2009 funds, as well as, the majority of the reallocated PY2008 funds. There is only $192.41 remaining in PY2008 funds. The Meridian Food Bank has been instrumental in filling a critical need within the community. The Food Bank provided food to over 29,000 individuals during this past year, and 96% of those individuals were low to moderate income persons. This contributed to the sustainability of a suitable living environment (SL-3) as outlined in the Consolidated Plan. City of Meridian, Idaho 7 2009 CAPER DRAFT Boys & Girls Club Transportation Program (Suitable Living Environment): In PY2009, $17,000 was allocated to the Boys & Girls Club Transportation Program. This public service program provided free transportation to students from targeted area schools to the Boys and Girls Club for after school programs during the 2009-2010 school year. This transportation program sought to provide a suitable living environment by promoting the health, safety, and welfare of the children in Meridian's LMI Areas. 61 °Io of the students transported through this program were from L/M income households. The Boys and Girls Club is located in Census Tract 010322, Block Group 1, which is a designated LMI area. To date, this program has expended $6,782.59. The program is continuing during the 2010-2011 school year, and it is anticipated that the program will expend the remaining $10,217.41 during PY2010. Boise City/Ada County Housing Authority (BCACHA) (Decent Housing): In order to increase the availability/accessibility of decent housing as outlined in the Consolidated Plan (DH-1), the City allocated $35,000.00 to BCACHA for homeownership assistance through the housing choice voucher program. In addition, BCACHA had remaining PY2008 funds that were spent during program year 2009. The PY2008 funds were a combination of the original action plan allotment of $50,000 and an additional allotment of $15,000 when the City reallocated funds in February 2010. BCACHA assisted three low/moderate income families to purchase homes in Meridian in the 2009 Program Year. Each family received $15,000.00 in down payment, closing cost, and/or principle buy down assistance. One household utilized $15,000 of remaining PY2008 funds, one household utilized $5,000 from PY2008 and $10,000 from PY2009 funds, and one household utilized $15,000 from PY2009 funds. With these expenditures, the PY2008 funds have been expended in their entirety. The City plans to continue this partnership in PY2010, and BCACHA will ask to roll the remaining $10,000.00 from PY2009 in with next year's funds to continue assisting LMI families achieve homeownership. Boys & Girls Club Gym Design (Suitable Living Environment): $40,000 of PY08 funds was allocated to the Boys & Girls Club to design a new gym at their location in downtown Meridian. $30,000 was expended during the 2008 Program Year, and the remaining $10,000 was drawn down in the 2009 Program Year. The gym design is complete and the project has expended all of its allotted funds. This project advanced the sustainability of a suitable living environment as identified in the Consolidated Plan (SL- 3). The Boys and Girls Club is located in Census Tract 010322, Block Group 1. Meridian Senior Center (Suitable Living Environment): In February 2010, City staff proposed a reallocation of unexpended CDBG funds. This reallocation designated $14,795 for use in public service programs at the Meridian Senior Center. While this activity took some time to advance due to the need to coordinate with a variety of service providers, it is now underway and has provided public health services and art classes to elderly individuals within the community. The public services provided by this activity include blood testing, mammograms, and art classes. To date, 38 elderly individuals have been served by these programs, and $2,774.95 has been expended. These programs City of Meridian, Idaho 8 2009 CAPER DRAFT will continue through the 2010 Program Year. This activity contributes to a suitable living environment as identified in the Consolidated Plan (SL-3). Public Works Infrastructure Design (Suitable Living Environment): In February 2010, City staff proposed a reallocation of unexpended PY2008 CDBG funds. This reallocation resulted in a new project to design water and sewer line replacements in residential parts of the LMI area. This project was allocated $40,000, and to date, $33,908.96 has been spent. The remaining balance of $6,091.04 is anticipated to be spent prior to the end of the 2010 Program Year. This activity advanced the sustainability of a suitable living environment as identified in the Consolidated Plan (SL-1). These infrastructure improvement projects are located in Census Tract 010322, Block Group 1. Code Enforcement (Suitable Living Environment): In February 2010, City staff proposed a reallocation of CDBG funds that resulted in a decrease of funding from $20,000 in PY2008 to $9,000 for the Code Enforcement activities in the LMI area. This activity sought to achieve sustainability of a suitable living environment as identified in the Consolidated Plan (SL-3) by encouraging community pride, preserving neighborhood integrity, and protecting property values. To date, $3,133.44 has been expended, with $5,866.56 remaining. To date, approximately 81 cases have been investigated and followed-up on by the City's Code Enforcement Officer. These investigations took place in Census Tract 010322, Block Group 1 and 2 and Census Tract 010321, Block Group 2. Community Center ADA Upgrades (Suitable Living Environment): The amended PY2007 Action Plan identified an ADA upgrade project for the Meridian Community Center. This project will enhance the accessibility of this much used community facility as identified in the Consolidated Plan (SL-3). The environmental review is complete, as well as the project design. The City has opened the bid process, and construction is anticipated in early 2011. To date, $7,630.00 has been expended, with $12,370.00 remaining. Because the construction is anticipated to cost significantly more than the remaining $12,370, the City will be proposing an amendment to the 2009 Action Plan and reallocation of funds to cover the construction costs for this project. The Community Center is located at 201 E. Idaho Avenue in Census Tract 010321, Block Group 1. Street Lighting Design (Economic Opportunity): In Apri12010, the Meridian Development Corporation moved forward with plans to use funds allocated in PY2007 to reduce the spread of slum and blight in the designated Urban Renewal Area. This activity is funding the design of street lighting that will be constructed with a future roadway project (estimated construction in 2013). As identified in the Consolidated Plan, this project seeks to promote economic opportunity (EO-3). To date, $24,215 has been expended, and staff anticipates that the remaining funds will be completely spent by early 2011. Administration (General): Administrative funds paid for staff time, required notices, staff training, and other miscellaneous expenses. To date, the City has expended $38,976.33 of its allocation of administrative funds, which is 78°Io of the total allocation. The remaining $10,970.67 will be spent on administrative activities in PY2010 including the initiation of an updated Consolidated Plan. City of Meridian, Idaho 9 2009 CAPER DRAFT Facade Improvements (Economic Development): The PY2009 Action Plan allocated $40,000 to be used for facade improvements in the City's Urban Renewal Area, in partnership with the Meridian Development Corporation. City staff and the staff at the Meridian Development Corporation had originally anticipated using the funds at a specific site; however due to floodplain issues at the site, this project was not able to be advanced and another site was not selected. Therefore, the City will be submitting a proposed reallocation of the unspent $40,000 and an amendment to the PY2009 Action Plan. The City is conducting the public hearing and comment period on the proposed reallocation in concurrence with the hearing and comment period for this CAPER. CDBG-R During the 2009 Program Year, the City of Meridian submitted a substantial amendment to the PY2008 Action Plan to apply for ARRA funds through HUD (CDBG-R). The City was awarded $64,584 and expended $24,550 to complete the construction of the 8th Street Pedestrian Pathway. The Pathway project was completed in early August 2010, and the City is considering other projects that may benefit from the remaining $40,000. If an eligible project is identified, the City will submit another substantial amendment to the PY2008 Action Plan. 2. Lessons Learned Based on experiences in PY2009 the City will likely make the following changes in the future: • Using the Sub-Recipient Agreement to discuss roles and responsibilities: During the 2009 Program Year, the CDBG Administrator worked with more sub- recipients than in previous program years. The Administrator used the sub-recipient agreement as an introduction to the roles and responsibilities for new or continuing sub-recipients. The Administrator set up a time to meet individually with the persons responsible for the implementation of the various CDBG projects carried out by sub-recipients to discuss reporting requirements, documentation, reimbursement plans, etc. The City does not execute sub-recipient agreements for projects being managed by other City Departments; however, the new CDBG Administrator is drafting a document to guide the roles and responsibilities of City staff for projects managed internally. The City has seen its sub-recipients work diligently during this past program year to comply with all the reporting and documentation requirements. The sub-recipients have become invaluable partners in carrying out the work of utilizing these funds effectively. More frequent monitoring. An elevated level of communication between the CDBG administrator and sub-recipients/project managers puts the City in a better position to identify potential issues and address them before they become actual issues. The City brought on a new program administrator this year, and a great deal of time and effort went to orienting the new administrator about the CDBG program, related regulations and requirements, existing processes, etc. Luckily, due to the relatively small size of the program, the City was still able to maintain an acceptable level of monitoring to keep most activities moving forward, avoid City of Meridian, Idaho 1 ~ 2009 CAPER DRAFT timeliness violations, and achieve program objectives. Based on comments received by HUD staff during their on-site review, the City has established an updated on-site monitoring plan for its sub-recipients. City staff anticipates implementing this new plan during Program Year 2010. Improve public involvement. The City would like to receive more input from the public in shaping the CDBG program. In the future the City will continue exploring new avenues to broaden public involvement, especially among populations that can benefit the most from CDBG activities. Improve internal coordination. During HUD's annual audit of the city this year, HUD noted that the internal coordination for projects managed by the City could be improved. The City has several CDBG projects that are managed internally by various city staff in various departments, and the City does not execute subrecipient agreements with internal departments. Because of this, the CDBG Administrator has drafted a document outlining the roles and responsibilities of an internal project manager of a CDBG project. This document seeks to clarify the roles and responsibilities of the Project Manager, the CDBG Administrator, and individuals in the Finance Department for internally managed projects. City of Meridian, Idaho 11 2009 CAPER DRAFT ASSESSMENT OF ANNUAL PROGRESS 1. Affirmatively Furthering Fair Housing The City of Meridian's Analysis of Impediments to Fair Housing (AI) identifies variables that can act as barriers to housing choice. Among the barriers identified in the AI were a lack of understanding of the requirements of the Fair Housing Act, a need for vouchers under the Section 8 Rental Assistance Program, limited income and high housing costs, and lack of understanding about housing accessibility requirements under the Americans with Disabilities Act. Meridian acted primarily to address the lack of understanding of fair housing issues within the community. The City continued disbursing the Community Resource Guide, which was prepared and printed with CDBG funds in PY2007. The Guide directs residents to available services throughout the community and region, including fair housing counseling and related service providers. Fair Housing information is available on the City's website, and the City participates in the Idaho Fair Housing Forum which is a "community of stakeholders dedicated to open and respectful discussion of issues impacting housing consumers, providers and advocates." The group meets throughout the year to discuss issues affecting not only the Treasure Valley, but the state as a whole. The website (www.fairhousin~forum.org) provides links to news, events, and other fair housing information. 2. Affordable Housing In the 2009 Program Year the City partnered with Boise City/Ada County Housing Authority (BCACHA) to address affordable housing issues. The City allocated $35,000.00 in CDBG funds to BCACHA for homeownership assistance. BCACHA provided down payment, closing cost, and principle buy down assistance to low income buyers identified through the Housing Choice Voucher Program. The Housing Authority successfully helped three buyers purchase homes. The Consolidated Plan identifies a multi-year goal of five affordable housing units made available to LMI residents, and the City and BCACHA, to date, has assisted six households purchase homes. In addition, all three units purchased this year are considered affordable as defined in 24 CFR 92.254, and all three buyers are very low income earners (less than 50% of area median income). The City partners with El Ada Community Action Partnership to provide utility bill assistance through the Meridian Cares Program. Funded with City enterprise revenues(not CDBG), Meridian Cares allows residents living at or below the poverty limit to receive up to $70.00 per year to pay City utility bills (water, sewer, and trash). The program does not differentiate between owners and renters; low-income renters are absolutely (although not exclusively) eligible. The program avoids service inteiTUptions that would otherwise make a housing unit substandard (no water, for example). The City reallocated unused funds from PY2007 for ADA upgrades in the Meridian Community Center during the 2008 Program Year. The plans have been completed and the project will begin construction in January 2011. City of Meridian, Idaho 12 2009 CAPER DRAFT 3. Continuum of Care The City of Boise has taken the lead on outlining an inclusive process to establish and implement a continuum of care strategy for Ada County. The City of Meridian will be actively involved in this process once initiated. In the meantime, Idaho Housing and Finance Association (IHFA) administers HUD Emergency Shelter and Supportive Housing Grant funds that benefit local homeless individuals and providers. Meridian does not have a substantial homeless population and as such does not currently have any housing facilities to administer services to this population. The City maintains contact with El-Ada Community Action Partnership, Neighborhood Housing Services, BCACHA, IHFA, and others interested in homeless and special needs populations and contributes to the dialogue as opportunities arise. Meridian does not administer any programs for individuals with HIV/AIDS. The Idaho Housing and Finance Association (IHFA) contracts with HOPWA service providers throughout the State to facilitate affordable housing for persons with HIV/AIDS and their families. BCACHA is the HOPWA provider serving Meridian. BCACHA's administration of HOPWA funds is undertaken in accordance with IHFA's HOPWA policies, which are designed to provide resources and incentives to devise long-term comprehensive strategies for meeting the housing needs of persons with HIV/AIDS. The City is working to better understand their overall goals and objectives and the role Meridian can play. The total Continuum of Care Funding for Ada County is $959,607. There are seven projects and three applicant agencies funded, and they are as follows: 1. Boise Cares -Boise City Housing Authority $64,514 2. Landmark Project -Boise City Housing Authority $7,696 3. WCA Transitional Housing -Women's and Children's Alliance $113,450 4. Threshold Crossing -Boise City Housing Authority $18,410 5. Coordinated Housing Options and Individualized Services -Ada County housing Authority $541,169 6. Permanent Housing Bonus -Supportive Housing and Innovative Partnerships $39,144 7. Shelter Plus Care -Ada County Housing Authority $175,224 4. Other Actions in Strategic Plan/Action Plan: a. Address obstacles to meeting underserved needs. The primary obstacle in Meridian to meeting underserved needs is identification of those needs. Data is available at the state and county level, but there is little information about needs within Meridian. The City is eager to work with BCACHA, IHFA, and others interested in meeting underserved needs to develop an approach to data refinement toward the end of developing an area wide plan. Unfortunately, a great deal of time in PY2009 was devoted to (1) managing and monitoring activities already in process, (2) training and bringing the another new CDBG administrator up to speed on other HUD requirements, regulations, etc., City of Meridian, Idaho 13 2009 CAPER DRAFT and (3) preparing for next program year. As the administrator builds a foundational understanding of the CDBG program the City will have additional time to devote to this sort of undertaking. Again, in the meantime, the City is involved in the regional dialogue and contributes as opportunities arise. b. Foster and maintain affordable housing. Please see "Affordable Housing" above. Eliminate barriers to affordable housing. Page 43 of the Consolidated Plan states that "After thorough evaluation and consideration of the elements of the 2006 [Meridian Comprehensive Plan], no specific barriers to affordable housing, controlled by the City were identified. These considerations were relative to local tax policies, land use controls, zoning ordinances, building codes, fees and charges, growth limits, and policies that affect the return on residential investment." The City is now going through the process of updating its Comprehensive Plan, and the CDBG Administrator and the Comprehensive Planning Manager have convened a group of local experts to review the City's housing goals, objectives, and actions items in the Comprehensive Plan. This Housing Sub-Committee will be making recommendations to revise and update these goals and objectives in coordination with an understanding of the City's Consolidated Plan. Barriers identified in the Consolidated Plan that are outside of the City's control include high cost of land (which increases with demand for housing units), cost of building materials and supplies, labor costs, escalating County tax assessments, and high transportation costs. With the exception of transportation, the cost of each of these elements has moderated or receded in the last year. On the ground, the primary barrier to affordable housing is adequate capital to purchase a home. The City's partnership with and CDBG assistance to BCACHA seeks to address this barrier. d. Overcome gaps in institutional structure and enhance coordination. The City continuously seeks to enhance coordination and overcome gaps in institutional structure. The new CDBG administrator spent considerable time becoming familiar with the program and many partners who work toward the same or similar goals. Participation in the continuum of care, attendance at IHFA and related events, and participation in regional coalitions and associations to forward program objectives all work toward the end of enhancing coordination. Internally, the City continues to become more familiar with the CDBG program. Department Directors are showing more interest in the program and its possible application within their areas of focus, and potential new activity ideas are suggested regularly. Staff continues to establish standard operating procedures and guiding documents to monitor the program, track financials, ensure compliance, and address program requirements in a timely manner. City of Meridian, Idaho 14 2009 CAPER DRAFT e. Improve public housing and resident initiatives. The City does not provide these services, but it continues to support BCACHA and other providers in improving public housing. f. Evaluate and reduce lead based paint hazards. The City has available on its website information to increase awareness and begin addressing the issues surrounding lead based paint hazards. g. Ensure compliance with program and comprehensive planning requirements. Staff continues to establish standard operating procedures and documents to guide the program, track financials, ensure compliance, and address program requirements in a timely manner. The CDBG administrator communicates regularly with CPD staff to stay on top of requirements related to the CDBG program and is unaware of any major missteps over the 2009 Program Year. The City also understands that this is a very large and multifaceted program, and will continue working to understand its many nuances and address the related requirements that it entails. h. Reduce the number of persons living below the poverty level. The City focuses primarily on job creation and availability of educational opportunity to reduce the number of persons living below the poverty level. For example, the City, through its Economic Development Administrator, works to recruit new employers and encourage business expansion within in Meridian. One example is the "Core" which is a healthcare, education, and technology enterprise zone east of Downtown. The Core capitalizes on the success of complimentary businesses and services that are already present in the area. Examples include St. Luke's Hospital, Idaho State University, Meridian Joint School District No. 2, MWI Veterinary Supply, CruciaULexar Media, and others. The City has successfully facilitated the creation/recruitment of hundreds of jobs over the last few years by highlighting this emerging industry cluster in Meridian. These new jobs and educational opportunities are available for the entire area, including residents currently living in poverty. The economic downturn has had a dramatic impact on the region as a whole, but the City continues to do what it can to reduce the number of people living in poverty. 5. Leveraging Resources During Program Year 2009, the City was unable to leverage additional resources. The originally planned facade improvement program, in coordination with the Meridian Development Corporation (MDC), the City's Urban Renewal Agency, failed to proceed as planned. It was originally anticipated to leverage approximately $50,000 in private funds. Despite this setback, the City looks forward to working with MDC to identify projects where private resources can be leveraged and economic development goals can be achieved. City of Meridian, Idaho 15 2009 CAPER DRAFT 6. Citizen Comments In addition to the requirements of the Citizen Participation Plan (which is included in the Consolidated Plan), the City took steps to broaden public participation this program year. To get word out about the program and what it seeks to achieve, and discuss possible projects and activities, staff met with several non-profit entities throughout the community. In preparation for the PY2010 Action Plan, staff sought the input of the City's Department Directors on May 3, 2010 to determine possible projects. In addition, staff held a public meeting on May 26, 2010 for local non-profits to learn about the CDBG Program and to solicit potential project ideas. Throughout the coming Program Year, the CDBG Administrator will work to increase public awareness of the CDBG Program both to beneficiaries of the program and to possible sub-recipients. This can be accomplished by improving the information available on the City's Community Development webpage, as well as, participating in the "This Week in Meridian" videos. These brief videos are posted weekly on the City's main webpage and highlight things happening in the City during the week. The City did not receive any comments on the subject report during the public hearing process. 7. Self Evaluation The City is on to its fourth CDBG Administrator in as many years. As such, a substantial amount of time and effort went to bringing the new administrator up to speed on activities in-process, regulations and requirements related to the program, the City's approach to implementing CDBG activities, and the program in general. The previous administrator developed standard operating procedures and refined financial tracking mechanisms with other departments and City staff. These procedures, processes, and instruments helped guide the program with a new administrator who started in August 2010. This management guide provided continuity for the new administrator and enabled the new administrator to get up speed on the processes and practices of the City's CDBG Program. The PY2009 Action Plan states the following priorities and related outcomes. An update of progress/success in achieving each anticipated outcome is included. Priority 1: Community Improvement Anticipated Outcomes: 1. Centennial Park: Install playground equipment and other park amenities. This project was completed on time (September 30, 2010) and on budget. The citizens are already enjoying the amenities and enhancements to this City park. 2. Five Mile Creek Pathway: Begin construction of segment H.1. As identified earlier, while this project did not expend any PY2009 funds it is advancing. The City has conducted public meetings to gather input from surrounding property owners and to help determine an appropriate final City of Meridian, Idaho 16 2009 CAPER DRAFT alignment. The environmental documentation is currently being reviewed by HUD. The City anticipates construction to begin in 2011. 3. Public Services: Engage in public service activities with non-profit service providers to promote the health, safety, and welfare for LMI residents. The City made great advances regarding this anticipated outcome. The City worked with the Meridian Senior Center to offer art classes and free health related screenings for elderly individuals. The Meridian Boys & Girls Club began atransportation/bussing program that enabled children from LMI households to attend the valuable after school programs offered by the Boys & Girls Club at their location in downtown Meridian. In addition, the Meridian Food Bank provided food to over 29,000 persons who were in need from their location in the LMI area. Priority 2: Economic Development Anticipated Outcomes: 1. Partner with the Meridian Development Corporation to complete one facade improvement project to address slum and blight in the Urban Renewal Area. As discussed earlier, this project did not advance as originally planned and anticipated. The City will continue to work with the Meridian Development Corporation to identify projects that will reduce slum and blight and meet the economic development goals of both MDC and the City. Due to this project not advancing, the City will be proposing an amendment to the PY2009 Action Plan and request a reallocation of the $40,000 originally allocated to this project. Priority 3: Affordable Housing Anticipated Outcomes: 1. Partner with Boise City/Ada County Housing Authority to provide affordable housing opportunities. During PY2009, BCACHA provided down payment and closing cost assistance to three LMI families using CDBG funds. 2. One Fair Housing awareness activity. It is not clear if this outcome anticipates City staff attendance at a fair housing activity, or that the City will sponsor a fair housing activity. Staff attended the 2010 Idaho Conference on Fair Housing, and the City believes this achieves the stated outcome. 3. Increase awareness of affordable homeownership opportunities and programs. The City continued distributing the Community Resource Guide. It is difficult to estimate how many copies were dispersed to area residents; the Resources Guide is available on the City's website. In addition, printed copies are available to residents at the City Clerk's Office, the Meridian Library, and the City of Meridian, Idaho 17 2009 CAPER DRAFT Meridian Senior Center. The guide includes a housing section that directs residents to affordable homeownership resources. However, the City has no tracking mechanisms in place to determine how many residents' awareness of affordable homeownership opportunities was increased as a result. Explanation: Lack of adequate tracking capabilities. In the future the City will propose activity-based outcomes that are (1) quantifiable, (2) directly related to proposed CDBG expenditures, and (3) trackable. Due to the broad range of goals and objectives outlined in the Consolidated Plan relative to resources available for its implementation, the City was not able to address each specific objective in the Consolidated Plan during the 2009 Program Year. All expenditures did, however, achieve outcomes and address goals outlined in the City's Consolidated Plan. The City is confident that it will, over the next two program years, achieve the multi-year objectives to a satisfactory degree. Additional information regarding the City's progress toward achieving multi-year objectives is available in Joint Table 1C, 2C, and 3A in the Appendix. Clearly, the City could benefit by better aligning quantifiable outcomes with action plan objectives and proposed expenditures, and establishing procedures for measuring success in achieving stated outcomes. HUD has a wealth of information available to assist local jurisdictions in this regard ("Promising Practices in Grantee Performance Measurement," for example) and the City will use this guidance to refine its practices in future program years. Implementation of the CDBG Program to date has been somewhat disjointed. An outside consultant prepared the Consolidated Plan and four different Program administrators have since managed its implementation. As discussed previously, development of SOPs and related internal documents will allow the City to maintain a higher degree of program continuity. The City, with much help from CPD staff, is increasing its familiarity with the CDBG program and looks forward to establishing, refining, and improving its processes in the future. 8. Monitoring The City used a variety of techniques to monitor subrecipients and review for compliance. Expectations were outlined in sub-recipient agreements, tailored specifically to each activity and sub-recipient entity. Through phone conversations, written correspondence, desk monitoring, and on-site monitoring visits, staff reviewed sub- recipients' progress toward meeting the program's financial, production, and overall management requirements. Recently the CDBG Administrator has established a new monitoring process that will guide the actions of the administrator in future program years. City of Meridian, Idaho 18 2009 CAPER DRAFT The City is encouraged by the overall status of the CDBG program. Proposed activities are yielding successful results, and the City is making progress toward Consolidated Plan goals and objectives as described herein. The City is timely in expenditure of CDBG funds as confirmed in Appendix 2.e. The City does not use letter of credit disbursement and instead funds the program on a reimbursement basis (i.e. the money is spent by the time the City submits a draw down request to HUD). PROGRAM NARRATIVES 1. Assessment of Relationship of CDBG Funds to Goals and Objectives An assessment of the relationship of CDBG funds to goals and objectives is presented under "Three -Five Year Goals and Objectives" on pages 6-7, and "Self Evaluation" on pages 13-15. 2. Changes in Program Objectives The City is not proposing any changes to program objectives at this time. 3. Assessment of Efforts in Carrying Out Planned Actions As noted throughout this report, the City pursued the resources indicated in the Consolidated Plan to the greatest extent possible. The City provided all required certifications in the relevant plans and documents, all of which were (1) subject to the City's Citizen Participation Plan as outlined in the Consolidated Plan, and (2) executed by the City's chief executive officer Mayor Tammy de Weerd. The City did not hinder Consolidated Plan implementation by action or willful inaction. 4. Use of CDBG Funds for National Objectives As outlined in Table 2, the majority of funds allocated and expended in PY2009 met the LMI national objective. Funds allocated to the administration of the program are an exception, as well as, the funds allocated to the facade improvement project which was anticipated to address the slum & blight national objective. 5. Anti-displacement and Relocation -for activities that involve acquisition, rehabilitation or demolition of occupied real property: No activities in PY2009 involved acquisition, rehabilitation, or demolition of occupied real property. 6. Low/Mod Job Activities No activities were undertaken in PY2009 related to low/mod job creation. 7. Program Income Received No activities in PY2009 generated program income. 8. Prior Period Adjustments N/A 9. Loans and Other Receivables N/A 10. Lump Sum Agreements City of Meridian, Idaho 19 2009 CAPER DRAFT N/A 11. Neighborhood Revitalization Strategies N/A City of Meridian, Idaho 20 2009 CAPER DRAFT APPENDICES 1. Tables a. Joint Table 1C, 2C, and 3A -Summary of Specific/Annual Objectives b. Table 2A -Priority Housing Needs/Investment Plan Table c. Table 2B -Priority Community Development Needs d. Table 3B -Annual Affordable Housing Completion Goals 2. Reports a. Summary of Activities (PR03) b. Summary of Consolidated Plan Projects for Report Year 2009 (PR06) c. Summary of Accomplishments Report (PR 23) d. Financial Summary Report (PR26) e. Timeliness Report (PR56) f. Performance Measures Report (PR83) g. Strategy Area, CDFI, and Local Target Area (PR84) 3. Legal Notices a. Idaho Statesman b. Valley Times City of Meridian, Idaho 21 2009 CAPER DRAFT Appendix l.a U.S. Department of Housing and Urban Development OMB Approval No. 2506-0117 (Exp. 4/30/2011) Joint Table 1C, 2C, and 3A -Summary of Specific/Annual Objectives Grantee Name: City of Meridian, Idaho ~ > >scd or ad~~cinced in PY20O9 care iruluclec/ in ~rcrv tont~ Note. Ac to-atrea t ~.at were, not ~rrc pc ~. Availabilit /Accessibilit of Decent Housin (DH-1) Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Com leted DH Support the CDBG/ 2007 New affordable 0 0 N/A 1'i development of new Othe,-/ 2008 housing units. 0 0 N/A affordable housing. Private ?009 0 N/A N/A 20 l () 0 2011 1 r/~ MULTI-YEAR GOAL 1 0 0 % Dx Acquire, demolish, CDBG/ 2007 sites/lots 1 0 0 % 1'~ and/or clear property ?~~~ acduired, n o N/A 2009 demolished, 0 N/A for new affordable 2010 and/or cleared. 0 N/A housing. 2011 0 NlA MULTI-YEAR GOAL 1 0 0 DH As available, acquire CDBG/ 2007 New affordable 0 0 N/A 1.3 and sell a Dollar HUD Other/ 2008 housing emits. 0 0 N/A 2009 ~~ N/A Home as affordable 2.010 0 NIA housing. 20l 1 1 MULTI-YEAR GOAL l 0 0 Affordab ilit of Decent Housin {DH- 2) Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Com leted DH Create an Affordable CDBGI 2007 Task Force 1 1 100 2.1 Housing Task Force to Other/ 2008 established. 0 0 NIA 2009 0 N/A advise the City on 2010 0 N/A affordable housing ,Ol ~ 0 NIA issues. MULTI-YEAR GOAL 1 1 100 ~~~ DH Expand CDBG/ 2007 Affordable units 0 0 N/A 2.2 homeownership Other 2008 purchased 1 4 400 % 2009 (homeowners 1 3 300 % 0 ortunities for low- pp 2010 assisted). i % moderate income 201 i 2 % individuals and MULTI-YEAR GOAL 5 7 140 % families. DH Design, print, and CDBG 2007 Residents/ 150 500 333 % 2.3 disseminate 2008 Resource Guide 0 100 N/A 2009 recipients. 0 N/A Community Resource 2010 0 N/A Guide to provide 2011 0 N/A City of Meridian, Idaho 22 2009 CAPER DRAFT Sustainability of Decent Housing (DH-3) S if O pec ic bjective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed DH P ti i t b ar c pa e on oards and CDBG/ 2007 Activities. 1 1 100 % 3.1 committees and cooperate Other 2008 1 2 200 % with other entities to 2009 1 1 100 % promote fair and 2010 1 % affordable housing. 2011 1 % MULTI-YEAR GOAL 5 4 80 % DH Collect and disburse CDBG/ 2007 Individuals 20 100 500 % 3.2 information about the Other 2008 educated. 20 ? 0 % dangers of lead based 2009 20 ? % paint. 2010 20 % 2011 20 % MULTI-YEAR GOAL ~ 100 100 100 % Avalabi li /Accessib ilit of Su itable Livin Environment (SL- 1) Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed SL Invest in public facility CDBG 2007 Public facility 1 0 0 %o 1.1 projects that help create a 2008 activities. 1 2 200 % suitable living environment 2009 1 1 100% in LMI neighborhoods. 2010 1 % 2011 1 % MULTI-YEAR GOAL 5 3 60 % Af fardabilif o f Suitable Livin Environment (SL-2 SL N/A 2.1 MULTI-YEAR GOAL Sustain~bili o P Suitable Livin Environmen t (SL-3 Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed SL Reduce deterioration of CDBG 2007 Code 2 60 3,000 % 3.1 LMI area around 2008 Enforcement 2 0 0 % Downtown through Code 2009 cases/activities. 2 81 405% Enforcement activities. 2010 2 % 2011 2 % MULTI- YEAR GOAL 10 141 1,410 % SL Organize neighborhood CDBG/ 2007 Activities 1 1 100 % 3•~ clean-up activities in the Other 2008 conducted. 1 1 100 % LMl area. 2009 1 ~~; 2010 1 % 2011 1 % MULTI- YEAR GOAL 5 2 40 g~, SL Support public service CDBG 2007 Residents 5 0 0 % 3.3 activities that benefit 2008 assisted. 5 13,223 264,460 % presumed and documented 2009 5 29,673 593,46 0% LMI residents on both an 2010 5 % area and clientele basis. 2011 5 % MULTI-YEAR GOAL 25 42,896 171,584 City of Meridian, Idaho 23 2009 CAPER DRAFT Availability/Accessibility of Economic Opportunity (EO-1) S ifi Ob pec c jective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed EO I ncrease access to services CDBG/ 2007 Businesses 0 0 N!A 1.1 and~obs in LMI area Other 2008 recruited to/ 0 2 NIA through business 2009 expanded in 3 recruitment/location/ 2010 URA/LMI area. 3 ~~ expansion in URA. 201 I ~. ~.. ~~ MULTI- YEAR GOAL 10 2 20 Affordabilit of Economic O ortunit (EO-2) EO N/A 2.1 MULTI-YEAR GOAL Sustainabili ' Of Eronamic O rtunit E O-3) Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed EO Support the efforts of CDBG 2007 Revitalization 1 0 0 % 3.1 Meridian Development 2008 and/or facade 0 0 N/A Corporation to implement 2009 improvement 1 0 % the Urban Renewal Area 2010 activities. 1 % Plan in revitalizing 2011 1 % downtown. MULTI-Y EAR GOAL 4 0 0 % Nei hborhood Revitalization (NR-1 NR N/A 1.1 MULTI-YEAR GOAL Other (0-1) 0 N/A 1.1 MULTI-YEAR GOAL City of Meridian, Idaho 24 2009 CAPER DRAFT Appendix l.b Table 2A Priority Housing Needs/Investment Plan Table ~$1€T~'~~€~~" ~llfl ~'~i4~tY, t~mc~.Need Small Related 0-30% 75% 31-50% 85.3% 51-80% 34.5% Large Related 0-30% 100% 31-50% 82.6% 51-80% 75% Renter Elderly 0-30% 44.4% 31-50% 100% 51-80% 46.2% All Other 0-30% 87.5% 31-50% 100% 51-80% 34.6% Small Related 0-30% 80.8% 31-50% 20/9% 51-80% 34.5% Lar e Related 0-30% / 100% g 31-50% 68.8% 51-80% 69.1% Owner Elderl 0-30% 61.5% y 31-50% 20.9% 51-80% 25.5% All Other 0-30% 75.0% 31-50% 72.1% 51-80% 76.7% Elderly 0-80% 56.5% Frail Elderly 0-80% unknown Severe Mental Illness 0-80% unknown Non-Homeless Physical Disability 0-80% unknown Special Needs Developmental Disability 0-80% unknown Alcohol/Drug Abuse 0-80% unknown HIV/AIDS 0-80% unknown Victims of Domestic Violence 0-80% unknown ouuicc: ~.uuiprenensive nousmg .vrroraaotitty strategy (I:HAS) llata as reYerenced in 2007 - 2011 Consolidated Plan. City of Meridian, Idaho 25 2009 CAPER DRAFT Appendix l.c Table 2B Priority Community Development Needs Priority Need A uisition of Real Pro Priority Need Level Medium Unmet Priority Need Ddlars to Address Need 5 Yr Goal PIaNAct Annual Goal PIaNAct Percent Goal Com leted Di sition ~H, Clearance and Demolition Medium Clearance of Contaminated Sites L.ow Code Enforcement Hi Public Facili General Senior Centers Hi h Handica Centers Loa, Homeless Facilities LAN, Youth Centers Hi Nei hborhood Facilities Hi h Child Care Centers Low Health Facilities I,ow Mental Health Facilities Low Parks and/or Recreation Facilities Hi Parkin Facilities Medium Tree Plantin Medium Fire Station ui ment Low Abused/Ne lected Children Facilities Low Asbestos Removal Lo~v Non-Residential Historic Preservation Low Other Public Facili Needs Low Infrastructure General WatedSewer 1 overt>ents Low Street Im rovements Medium Sidewalks Medium Solid Waste Di sal Irrt rovements Low Flood Drains e 1 rovements Low Other Infrastructure Low Public Services General Senior Services Medium Handic Services Low Le al Services Lory Youth Services Hi Child Care Services Low Trans nation Services Hi Substance Abuse Services Low E to menUTtainin Services Medium Health Services Low Lead Hazard Screenin Medium Crime Awareness Medium Fair Housin Activities Medium Tenant Landlord Counselin Medium Other Services Medium Economic Develo ment (General) CJI Land uisition/Dis sition Medium C/1 Infrastructure Develo ment Medium Gi Buildin Ac Const/Rehab Medium Other C/I Medium ED Assistance to For-Profit Low ED Technical Assistance Low Micro-ente rise Assistance Low Other Low City of Meridian, Idaho 26 2009 CAPER DRAFT Appendix l.d t1.S. Departtrent o[ Housirtg oMe Approval No. a~-t-t t7 and Urban Development (Exp y3a2ott- Table 3B ANNUAL AFFORDABLE HOUSING COMPLETION GOALS Grantee Name: Merldtan, Idaho Expected Annual Actual Annual Re9oaroes used dariaq ttse period Program Year: 2H08 Nurr>ber of UNts To Be Completed Nurt~er of Units Completed CDBG HOME ES(': HOPWA BtLNEF'iCIAIRY GQAL.S (Sec.2IS } Homeless ~wuseholds 0 ^ ^ ^ ^ Non-homeless households 1 3 Special needs households 0 Total Sec. 215 Beneflciaries* 1 3 RP.NTAL COAtS (Sec. 2I5 O ) Acquisition of existing units 0 ^ ^ ^ Production of new units 0 ^ ^ ^ Rehabilitation of existing units 0 Rental Assistance p ^ ^ ^ Total Sec. 215 Affordable Rental 0 tfl<OME t?N'NEtst GOALS (Sec.2IS: ) Acquisition of existing units i 3 Production of new units 0 Rehabilitation of existing units 0 Homelxryer Assistance p ^ ^ Total Sec. 215 Affordable Owner t 3 COMBiNt~D Riz.N'1'AL AND flWiMIBR GOALS (See. 21S Ont ) Acquisition of existing units 0 Production of new units 0 ^ ^ ^ Rehabilitation of existing units 0 ~ ~ ~ ^ Renta! Assistance 0 ^ Horoebuyer Assistance i 3 Combined Total Sec. 2l5 Gaais* 1 3 OVERALL HOUSING GOALS Sec. 2IS + Other A~ordaDle ) - Annual Rental Housing Goal 0 ^ ^ Annual Owner Housing Goat 1 3 ® ^ ^ ^ Total Overall Housing Goal 1 3 ® ~ ~ ~ The total amounts for "Combined Total Sec. 215 Goals" and "Total Sec. 215 Beneficiary Goats" should 6e the same number. City of Meridian, Idaho 27 2009 CAPER DRAFT Appendix 2.a: Summary of Activities (PR03) u.s t~eparmcnc a fa,s~,y am urban oevdoprre~t Date: oi-r~r-zoio ~,J oiRoeorconmrnpr~tigandoevelapment Time: to:m ~~ ~ Its Oi9bursenXnt aM tnbmSeRim 9~SLern Page: ~ 07&', Amviq~ Summary Red»rt (GPtt) br Pragr~n Yeaz 2009 fAM ----------------------------------------------- PR03 - MHttOGN ------------------------------- City of Meridian, Idaho 2g 2009 CAPER DRAFT PGM Year. 2007 t>tiojsct DOOR - DOlAMtTOVYAI REVRAUZATION DIB Actlvly: 6 - AERID4W DEVELOPN~Ni CCATION Status: Open L.ocelon: unknown MERIDIAN, D 83642 (niBal Funding Dale: 03/16/2010 Rrtarteing Frnded Amount S55,000AO DrawnThru Progam Year. 524,215.00 Drawn In Program Year. SNt,21 SAO Proposed AocompYshments Public Faciffies - t Menial AccomplahmMts Accanptishment NertatNe Year N Benefi~g 2007 0 P61{ Haar. 2907 Proterx oou9 - aEAAANCE OR nE~ounoN ACTIVITY DIS AcBvily: B - CLEARANCEfDEMO1.ITiON OF 1535 N. MAID Status: Canpieted Laratgn: 1535 N. MAIN MERIaAN, ID 83642 bi6al Farwting Dale: 06!2612008 Rnarrcirtg Funded Amptnt 527,395.74 Drawn 7tru Program Year. 527,395.74 Drawn In Progrern Year. 50.00 Proposed AeeompYSlanerks Mnual AocompYsltmerHs Year # Berx96lrg 2009 0 2007 0 AecomplishmaN NarraWe Ob~tlive: Create emnormc apporYaries Outcome: Suslsnabiiq Metrfx Code: Public Fads and ImpavemerM Natiard Objecive: SBA Dasafptian: tGenarai) 403) Provide MDC assretence b design steeUCape Ynprwements to reduce the spread d aksn aM ~M m the t112A. Inporerrents wy be aonabtrcled wIh the Madden RoeMAain Street Spk Contdor Pheae 2 Roadway Project. Objective: Creep suiable i^^^9 erwirorrnents Outcome: Suslainabsity Matrix Cade: gearanoe and Dermftion (04) National Objective: SBS Descripdm: CLEARANCE OF SLtAt AND BLIGHT DURING THE 07 ACTION PLAN YEAR, AN ENVIRONMENTAL WAS COMPLJ:TED TO ENSURE STI'E COMPLIANCE WITH FEDERAL REGULATIONS. THE ACTUAL DEMOLITION OF THE PRO.~CT WILL OCCl62 IN TFIE 2006 ACTION PLFW YEAR AND WILL BE REPORTED ACCORDINGLY. DtAtING THE 07 ACTION PLAN YEAR. AN ENVRONMENTAL WAS COMPLETID TO ENSURE SITE COMPLIANCE WITH FEDERAL REGtLATIONS. THE ACTUAL DEMOLITION OF THE PROJECT WLL.L OCCLI2 IN THE 21106 ACTION PLAN YEAR AND WIt1 BE REPORTED ACxORDINGLY. Pf~3 -MERIDIAN City of Meridian, Idaho 2009 CAPER DRAFT ------------Page:--2 d 16 ------ 29 14'ir rev: ~eee t3aJ.ee oaa - PROGRAM AoMlrasTRAnon D6 AeUviy: 11 -GENERAL PROGRAM ADMINISTRATION Sitrx Complded bpjetlive: Lnretion: CITY-WOE MEI2DIAN, ID 83842 Outcome: Matrix Code: Gereral Prrgram Adn~ration (21AJ Natiortaf Otrjecive: bFliar Funding Dale: 07106!2(109 Dawiptlan: Rnandng OVERALL CDeG PROGRAM MANAGEMENT, COORDINA TION, MONITORING, REPORTING AND Funded Armuet 547,500A0 EVALUATION, OrawnTtru Program Year. 547,500.00 Drawn M Program Year. 50.00 Prottoaetl Accompliahmerts Anrwal AceortpBsAmeni AecomplYhmaM Narrative Year 8 BenefArg PD~f Year- 2A06 wow 0oo~2-SwYSaGitLSCa.UB DIg AeYvgy: 12 - GYMNASIUM DEIGN Status: Campfeted Oejeotive: Creep eatable 6wrp erwirwvrteras Loralm: 911 N. MERIgAN ROAD MERIDIAN, D 83842 Oukorre: AvaiiebiNylacoese~7ity Mahbc Code: Yount Centers (03O) Ne[iorur Objeclve: LMC Nittal Fundng Dale: ON02I2009 Descriplian: Flrtartcing DESIGN NtW GYMNASIl1M FAGLITY FOR FUTURE CONSTRUCTION. Funded Arnouount 540A00.00 Dram Ttru Pro¢arn Y~r. 540,000AO Drawn In Proprem Year. St0,000A0 Roposa0 AceomplishmeMa Pubic FaciFtiea : 1 AcWal Amemplkhmanta Alenber assisted: O wner Kantor Total Parann Total tfsperic Tataf HaparYC Toil Hspariic Total Hapardc iMvi: p 0 0 0 0 0 1,800 240 131ecWAlnranAmerican: 0 0 0 0 0 0 45 0 Assn: 0 0 p 0 0 0 40 0 Nnerican MBNAfasken Native: 0 0 0 0 0 0 20 0 Natlre FiwaiirrOttter Panic Islander: 0 0 0 0 0 0 0 0 Ametic~ MenfAiskan Natare & Whib: 0 0 0 0 0 0 0 0 PRD3 - f~tIDIJ1N ------------------------------------------------ ---------- --------------- -------------------------------- - - ------------------------- -----------------P - - 3 d is City of Meridian, Idaho 30 2009 CAPER DRAFT AsenwHl9~ 0 0 0 0 0 0 o a BlacklAtricen Amer~art ~ wnae: 0 0 0 0 0 0 0 0 American krdiaNAlaekan tJMrve & Olatk/Africart Anrericen: 0 0 0 0 0 0 0 0 Offer multi-racieE: 0 0 0 0 0 0 95 0 AseNPaciie l3antler 0 0 0 0 D 0 0 0 Hisperea 0 0 0 0 0 0 0 0 Trial: 0 O 0 0 0 0 2,D00 Z40 ~~~,~~ ~; 0 0 0 ticorne CaleOay: Ow ner lasrrly Trial Person ExYemey low 0 0 0 500 Low Mod 0 0 0 750 Moderate 0 0 0 800 Non Low Moderate 0 0 0 150 Tole) 0 0 0 2,000 Percent LowlMOd g2b% MmW Axompfshmanb Aecom{tlhhmard Narafive Year f BereTNrip 20D8 2,000 ASei~anoe provided to Boys 6 Girls Club to desgn new gym far reoenfy purcheaa6 Mrafnn in Downbwn lsteridiar. fCift Year. 20[18 tiejsCY 0008 ^ AFFDfiL]0f~1.E tIDUSIWCa Df8 AdHfy: i4 - AOA COUN TY f10USIfdG AUTIK)RITY Status: Corrpletad Otyedive: Rovide decent aflordebte housing toca~n: 1276 River Seeet Sole 3Y10 Boise, ID 83702.4g(19 Outome: Afbrdability Mahfft C.ode: Deed HomeowneratiP Asaisfence Netio+tel Objective: t1NH (f 3) lnilial Fwiding Date: OT10~7J2009 Desaiplion: DONRJPAYMENTCLOSNGCOS7 ASSISTANCE TO LMI HOME BUYERS. Flnarctng Forded Mount 565,000.00 Drawn TMV Program Year 5&S,000AO Drawn In Progran Year. $20,ODOAO Roposad AuonipOsbrnrits Mousettatda (Gertere0 : 3 /1tdN Aecompfafrrrwnts O wner Kantor Total Pe rson Nurnbeu• assisted.' Total t4apanic Tofat ftiepaeec Toles HspaniC Total Hiparrc wtae: 2 0 0 0 2 0 0 0 9acWAfritgnAmencau 2 0 b 0 2 0 0 0 Asian: 0 0 0 0 0 0 0 0 P~3 _ f~I~API Page: 4 d i6 City of Meridian, Idaho 31 2009 CAPER DRAFT Arr~rica, IndianlAlaskan Neuwe: 0 0 Native HawaiieNDther Pacnc Hler>der: 0 0 0 0 0 0 0 0 AmOdaan twen/Alaslcan Naliva a ware: 0 0 0 0 0 0 0 0 Asfen WP~Ie: 0 0 0 0 0 0 0 BYCWAhICanAn~vican & WMa: 0 0 0 0 0 0 0 0 0 A IndeNAleakan "~ a Blark/Arrican Amen: o a 0 o 0 0 0 0 0 °~' ^"*"~ie1 0 0 0 0 0 o a ~^F' Idantler: 0 0 0 0 0 0 0 0 0 0 0 ~^~ 0 0 0 0 0 0 0 0 0 Total: 4 0 0 0 1 0 0 0 0 0 Femele~neadad Houeendds: 4 0 4 iK:ane Cateptxy: Owner Renter Tdal peroon Exeemey Low o 0 0 0 Low Mad 4 0 4 0 Moderate 0 0 0 0 Non Low Moderate 0 0 0 0 7otef 4 0 4 0 Peroerd Lowo'Mod 100.096 t00A% Annual Aocompllshments AccomplkhmeM Narrafire Yeor N BeneTi0n0 2008 4 ASSISTED 4 LM HOUSEHOLDS PLN2CHA$E HOMES WITH DOWNPAYMENT,CLOSING COST. AND PRINGPLE BUY DOWN ASSISTANCE PYi~I Yrmr: 2007 Project 0005 - PUBLIC SERVCES DIS AdivYy: 15 - MERIDUW FOOD BANK 9attd Conrad Lacalan: 15 E. BOWER STREET MERIDIAN, ID 83842 lnieal Fundlrg DaM: 07/0&2009 Flnmreing Funded AmounC t30A00.00 Drown Thru Pmgarn Y¢er. S30,000AO brawn In Progrorn Veer. E72.75 Proposed AccompOshmeds People (Generaq : 80 Actual AccompOshmeMs AhxMev asaistxd.~ PFD3 - MERI03AH City of Meridian, Idaho 2009 CAPER DRAFT Obj°dive: Curate eatable §wng envirormenta Outearne: Suatenat>~y Matmt Code: Pubta Services (General) (05y NBtiottal ObjecWe: LMC Deaviption: ASSISTANCE TO MERIDIAN FOOD BANK TO PROVDE SERVICES TO AREA RESDENTS. Owner Renter Total Person Trial Hispanic Tolaf Fisperra Tolef HiaperYc 7dal Hispenk 32 wte: BtacwAirican American: Asian: American YdianiAkuican Native: N~We HewaianKkher Pectic fstarrdBr: American kgiarYAlaskan Native 8 WhAe: Asian WhiL+: Bkick/AMmn American 8 WhBe: American kdiaNAledcan Native $ Bledc(Afntgn Awn Other mutt+,acial: AseNPacifc Isknder. ~~ Totat Ferrerfreatled Moweholds: Ylcorne Category: Owner RenOw 7dal Eztenely Low 0 0 0 ~'~ 0 D 0 Moderate 0 0 0 Non Law Module D 0 0 Total 0 0 0 Peraed t.AwlMBd Mnual Accortp8shmeMS Accomplishment l4amWe Year K Benefitkg 0 0 0 0 0 o tt,as7 t,9oo 0 0 0 0 0 0 76 0 0 0 0 0 0 0 126 0 0 0 0 0 0 0 217 0 0 0 0 0 0 0 p p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p p p 0 0 0 0 o p a o 0 0 0 0 0 0 0 1,348 0 0 0 0 0 0 0 p p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13,222 1,800 0 0 D Peraur 6,975 3,81$ 1,694 635 13,222 95196 ZOOS 13,222 Assistance to Food Bank b povpe meals b Iwnpry farrukes end kw4v;rwals N need P081 YNr, 211[[16 Projert ti007 -Code tY/dcerrranl D~ ActlvBy: i6 -Coda Enfacemerrt Status: Open Locetan: 1401 E. Wetertower Meridian, ID $3642 fniBai FundnO Dab: 0311&2010 Frwfcfng FundedAmouric E9,000AD Dawn Thru Program Year $3,133A4 Drawn in ProQam Year: $3,133.44 Proposed Acoomp8shments Orgarizations : 2 PRQ3 -MERIDIAN Objective: (?Bela suteble 8vkg emkamerss Oubome: Suabnat>iMy Mahix Code: Code Enbn~ment (15) Descriptlm: Code EntarcemeM n lJdl area Naticnd Objective: LMA Page: 6 d i6 City of Meridian, Idaho 33 2009 CAPER DRAFT Total Population in SeMCe Ikea: 5,116 Census Tract Percent Law / hMd: 49.80 AmetW Axomptishmenta Acramplfshment WmtNe Ycer # t3enefiing 2009 lltis activgy sought b irnpiove the auiatMe ~8 ernirorxnarrt war Mre LMl ales of Aferidian by enlacing ne Ctiys codes relakd ro abandoned vetddea, weeds, lug ProP~Y. temporary use permit, signs. mid oowpmrcy, To ~, apprmcimately 81 cases have been investigated ant toMw{p by the Lays code ar~foraemen officer. PQi1 Ywr. 2008 _ 0001 - Aaanniatratlon ti3f8Acavly: t7-Adrrbratation(2009) Stag Open Objevive: La®tion: Oulcame: AAatrix Code: Genaat Program Adation (21A) t,fationd Objective: tirllisl FunArrg Da4: 03/1T/2010 Descriptlorc Rnancing Geremi progran aAnnisfrafim for PY200B Funded Amaurib y19,94i.00 Drawn Thru Program Year. 538,976.33 Drawn In Program Year. 538,976.33 Proposed Aocomptishmerts Annual Accorrgrtishmenta Accomplishment firraMe Year tl (3enefitirx~ fX,iti Year: 2008 Rra}arx 0002 -Ada Counh.-~1+~9 Auworiry Hnmeewsrerahip 200D D18 AeBvty: 18 - Honreorwrrershp Assistance 2009 meatus: Open Objective: Provide decent aBadeD6e housing Location: 113D I/~ridian, ID 83612 Outcome: AfbrdabAity Matins Cade: Dvect Homeownarshp Asaiat~ce Neliaret Objective: LMH (13j initial Funding DaM: 03/1812010 Deacripaon: Rnarreirrg Downpayrnar6 dosg+g oust. ands prinripK Duy down awe for eligide tm>abtryers. Funded Anrourk 535,009A0 Drawn Thru Propam Year. 525,000.00 Drawn In Program Year. 525,000.00 Proposed AoromptishmeKs Households (Ga>era~ : 3 PRD3 - MBtIDIAN City of Meridian, Idaho 2009 CAPER DRAFT -------------------------------- -- - ---------------- Page: 7 d i6 34 Acwm AecomPi:hrrwnts Number aes+sbd.• While: DlecklAlncan Mlericen: Asian: Arran tneieNAla9kan Native: Native tkaweieroothar Pectic klarwler: American tndiaNAlerocen Native d While: Aden White: ~r*/Afrkgn AnlericanB While: - Amd~an tndieNAteskan Nafrve S BledclA(riran Arnerp,®n: Other muttiiacim: As®rvPacik Iskrrder. ~~ Total: Ferrele-headetl FiousNglds Ncarne Category: owner aenkr ram ~*en+eN ~~ 0 0 0 Low Moe 2 o z Abder~e 0 0 0 Non Law Moderate 0 0 0 Totm 2 0 2 ParcaM Low/MOd 100.0% 100.(15(e Annum Accompishmartts AceomplishmeM Narrative Year N f3enefM1ng 2009 2 C orner Rentar Totm Pa rson Total Mirparrc 7da1 HiapeNc Ta0s1 Hispanic Tatra Him 2 0 0 0 2 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z a o 0 2 o g o 0 0 0 Person 0 0 0 0 0 PBM Ypr. 2000 Pro}eCG 000.9-Cenlerarii Pant inprevemaris DB ActlMty: 19 - Cerltemhi Pak Inylmvemeris Status: Cnnpletetl Localim: 29T ~. aaho Meridfarr, o a3r>+a kdtlm FurMing Dais: Financing Plaided Amount Drawn Thru Program Veer. 03+17/2010 S~,ODOAO SGri,000.00 PR03 - M92iDi/W Obgsdive: Caeate w Irving erwimrsnenb Outcome: Avaitehtliy/ecoeasihiity Matttx Code: Neii{/lbodned FaciHies (03~ Deauiptlm: Netrorml ObJocF'e: LMA ----------Pte.--B d 16 ------- City of Meridian, Idaho 35 2009 CAPER DRAFT Drawn In Program Year. 555,000.00 Proposrx! AommpYshmartts Pt~tiC Faetitles : 1 Tatd PopWakon h Service Area: 356 Census Tract Pemad Low / Motl: 76.30 Mnual Axompliahmards Aaomplbtimerd Narrative Year K Beng}png 200B The Centeritud Park iripfovertreM prgac! rtes been a tremendous success. The Park irtyirorerrierMS iMWe an eledtdtic play sturkiae for chttlren. a 34Person pkaiic stie8ar, gerri'rg tables, artl riaw tiicyeie recka The irtxoverriand. were cortplated on time aM wiMh btslget The rew knprovertierrts are akeady bain9 anPY~ M ~ ounmiri4y, The park ~ ktceted h downbwn Meridian and s adjaoerd b the Mai6an Cortamaiity Caaer. The estirebd nanberof kidn4duab ids h Yie aomrnpYehnierd data is provided imi the Park tJSet Survey oorMUded by tie Uitivenay d IdeFto adn Chavez Survey Research. Inc. n Ocbber 2008. PtiYt Pier. 1808 - - -- - --~- -- - - Prsfssk 0004 -Five MAe Creek Patlavey 2008 Dp Actlrl[y: ~ - Fve MYe Ctedc Pafissy OsaigNEnvaonrrenlal Stdus ~^ Objective: Create Made Yvvg erwearsnarxs LocaYon: 33 E. ~oedeiay Meridi~i. ID 83642 Oukane: AvaYabiYy/acoessidity tAdrix Code: t4eigtibpdgod FaeYiea (03E) National OEjective: LMA hitial FurtAng Date: 03l17l20t0 D~IPti~: Finmuing F~d~ Mwurit 533.000.00 Drawn Ttru Program Ymr. 50.00 Drawn In Rogram Year. SO.DO Proposed AecompYshmerMa PubYC Facitties : t Total Populalon in Service Area: 1,883 Cerous Tract Percent Law /Mod: 46. i0 Mnual AaomplishmeMS Accgnplfshment tWteOve Yes # Benefiting PRiM Y~tr. 2008 Prajstt: 0005 - aoys d fails T rwtatNri Pm¢aia Y)IS Aetivlty: 21 - Soya b GiM Ckb Trareporfe6on Preigrem Status: Open Lo®Yon: 911 N. Meridian Road Meriden, ID 83642 bitial Fun6ng Dab: 0311972070 PRU3-MERIDIAN ____________ Objective: Create sutabb Yvig envkornoeMs Oubana: AvaiffiiNyey Matrtx Code: TranspMation Services (05Ej Netionei ObjacYve: LMC Dawiptiat:. ______________ ___ _______________ Page: 9 d t8 City of Meridian, Idaho 36 2009 CAPER DRAFT Rnaneing frnded MaurR St7,0oaAa Drawn Ttru Progam Year. 58,782.69 Drawn In Progarn Year $8,782.59 Proposed Auompsshmeds Pecpk lG~era9 : 700 Ae1w1 ArxempYsltnants tNrm6ar assisted: Wttib: BteddAfrican American: Men: Ameec~ hdeNAlaskan Native: Ndtre hlawei®r~OOrer Pacfx Is6mrder: Arnericen ksl'eNAlaekan Native 8 While: Men Wttib 9erk/Ahi®nAnrmcan 3 Wh&e: American IntleNAlaafcan Native 8 Btatlc/Afr~n Nnencen: Ofrar rtxdfi-racial: MeruPaciic IslarMer. ~~: Total: Female-heeded Ftouseholds: hcmre CaleOary.. Owner RsrHer Trial ~~~N ~~ 0 0 0 Garr Mod 0 0 0 Asoderat® 0 0 0 Non Low Moderab 0 0 0 Total 0 0 0 PhroxM LaMWM1od Aanual AccempastunsMS AecomplishmeM tauradve Year # Benafitlng O wrrer Renter Toly Person Trial Kspartic Tdai ti~ertic Tobl HBpertiC Tdat Nispaetic 0 0 0 0 0 0 28 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 p o 0 0 0 0 0 0 0 0 0 a o 0 0 0 o a o 0 4 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 36 3 0 0 0 Person a 5 9 14 38 81.196 2009 38 The Boys E CaFh G~ d Ada County transported studenR hom area sdaots b the bcN Goya 8 Give CMrb oration. The duder~ wta use these b^'~ hD~fr have an iroorne fret eat does roe aposr br tram b par6eQafe h tre far- a atler ad+od P~ Prt+9rams otterea n Ire conrnurr4y. tte~helda,s~ sdtoW semester, Otis tmrspoAaOan program had a trial d 36 natrrbers d which 22 rrembers mat ttre bw b motlerab income PRD3 - ~DIAN City of Meridian, Idaho 37 2009 CAPER DRAFT P6Ai v«r: 2009 we~.a ppofi - lueati.t rrood sans Zoo9 D6 Activity: 22 - Meridrert Food BenR {200®1 Status: Completed location: 15 E Bower St Meriden, ~ 83642-2731 Initid FwMrtO Dale: 03/t7J2010 Rnanelrg Forded Amourd 520A00.00 Drawn 7)ru Program Year §20,000.00 Drawn In Program Year. $20,000AO Proposed AccompOshmerks People (Geroreq : 600 Actual Axgnpiahrrgnls Nmber esarskM: yllhile: ~acWAfri®n American: As®n~ American hdnNAladcan Native: Native tteweierut7ther PacPec isterrder: American FrdarYAlasicen Native 3 M/ASe: Wean wrrite: t3teck'A4rirgn American 8 White: America MieNAieskan Nettle d BkarirlAfricen Amerimn: Other mdCi-reCiel: AsiaNPaciic Isfentler. Fiapariic: real: Femek~headed Hdrsetaltls: ktcowne Category: Owner Renter Total Fxeemey Low o 0 0 Low Mad o 0 0 Moderate 0 0 0 Non Low Moderate 0 0 0 coral o 0 0 Percent LowrMod Pf~3 - MIERIDINd Objade~e: Create suiaWe lrvutp enviravnerea Ckrlcarrre: Suetenatiiry Matrix Coda: Pubic Servioas (General) (05) Ndimei Obleoive: LAiC DesoripHan: O wner Rent er Total Parson Tdat Fipanic Total Fiapaeie 7dal Hsparic Tdd Mt~c 0 0 0 0 0 0 11,392 2,010 0 0 0 0 0 0 118 0 0 0 0 0 0 0 73 0 0 0 0 o a o 1s7 0 0 0 0 0 0 0 15 0 0 0 0 0 0 0 p p D 0 D D 0 0 0 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3b21 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 4 5,3116 2,010 0 0 0 Person s,o9o a,1so 1,529 607 15,366 06.196 -----~---------P~:--11 d 16 -__-- City of Meridian, Idaho 3 g 2009 CAPER DRAFT Annwl AuompBshmaMS Axorrrpltshment Nsra/Ne Year k Banafiing 2009 75,388 Provided bod and rreae tobw inaame persons p'Otl Yoar. 2007 Roject 0007 -fire AW Creek Petlaray Deagi 2007 D6 Aetlvly: 23 - fwe Mie (?sett Pahwsy Design 2007 Status ~ l.,ocafiart: 33 E roadway Meridian, ID 83842 Ini881 Fwrding Date: 0311912010 Rnatdng Eroded Amount 54g,917bt Drawn Thru Pro9rarn Year. 537„34220 Drawn In Rogram Year. 537,34220 Proposal Aocomptlshmeriti Pubkc Facrlbes : 1 Total PoprAelion in Serr+tx Mee: 1,893 Censrm Tract Percent Law! Mad: 46.10 Annwl AcaampYshmar~ Accornpiistunent fWrrative Year k Benefiing Objective: Craeie suia6le tiwg erwvarerraras Outame: Availabdiytacay Mafmc Code: Parks. ftecreetionat Fa~fies N3F) PlaGmd Objecfrve: I.MA Oucriptlon: 2009 The City has canpieied fhe ErninorrneM Assessment br tltis prajeR eM has submi8ad Yre doounrent and tre RROf to FIUD far mnsidera~n and approval. Muttipie pu6kc meetngs wse held to gain inpd on the aFigrrrrent frdn Ste surraertlvg property owners. P6if Year: 2001 Prof 0008 - ComaurNy Gaoler Ada IJpipra+fas 10#8 AcBvly: 24 - Conamaity Cents ADA Upgades Status: Open LOCafgn: 201 E. tlaha Avenue tAetidian, ID 83842 kll8al Fundrp Dale: 03!1912010 Flnancirg Fwdad Amourt 520,000.00 Drawn Ttrru Program Year. 57,630A0 Drawn In PYOgrarn Yes: 57,830.00 Roposed AccomtMshmants PuDlk FaClNiea : 1 Ob~aive: Create suiahle kung erwiramrants Oulcane: Avarleb'dty~cros~bitity Mahtrt Code: PuDtc FacitRies end Improvement Netior~ Dbjecirve: tlAC (Oenarai) (03) Description: PRD3 -MERIDIAN Page: t2 of t6 City of Meridian, Idaho 2009 CAPER DRAFT 39 Actual Acwmp6slurrnts AhmOer esaiatgG: BacWAtrican M~erican: Aden: Meriean bdanlAladren t4eti~e: Nehve Hawamenl~tha Pecfiic lataaier: American twarYNlaNcan Hethe a wnaee: /lean Whde: 81acWAhi®n Amaitan 81MFtile: Amaicai IndanUladcan Nalirve a BieoktAtACa~ American Over nallitaciai: AsenPacifc ielatMer Mapenic Total Ferree~~eaded Mousehdds hcome Celepory. Owner ReMx Total Exaemey Law 0 0 0 Low Mod 0 0 0 Moderate 0 0 0 Hon Law Modaate 0 0 0 Told 0 0 0 PercaK LowlMOd Mnuai Aeeomp6shmaMa Axomplishmant Namlive Year # Bera~fi6ng O wner F~ntar Total Parson ToCai Hispattic Tatai Hhpar:ic Toni HspavC Tdal H4~ 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p o 0 0 0 0 0 0 4 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 Person 0 0 0 0 0 2009 ~ ~ upgades br ma Meridian Community Carter have been daee0ned. The C!ty is adiciag prcposaB and aracipetes oonawcSCn !o begs n PQii Year. 2006 Project 0006-Senior Center Pudic Senipeg DB Adlvity: 26 -Sena Carter PubSC 3ervicas Status: Open LocaWn: 2(11 E. tleta Meriden, lD 83642 hitial Fundrq Dane: Flnancing Funded Amount Drawn Ttru Prog PPA3 -MERIDIAN 04/02/20!0 514,785.00 Year. 52,774.85 Objsdive: C+arb autebta living envacrarreMs Ouixme: Swtaeab~ Mahbc Code: Pubic Servees (C~enaai) (051 Natea~el Ot>jeclve: LMG Descrip0an: Provde hearth arW teetaetion eervicea b Serrar Calla mantas. ------------------------------------ Page: 13 of 16 City of Meridian, Idaho 40 2009 CAPER DRAFT Drawn In Rogntrn Year: S2,T]4.95 Proposed Aecompashmerds People (Generary : 3p Actual Aemmpaahments Ahanber assisbd: BFecWAfricen Artrdicac Assn; Amerban FndiaNAtaskan tJatfve: tJaUre fNvraiervl~Orer Pacific ffilazder: a trdiarrAlaekan tJative a whib: Asian White: 9FecldAfrican American b NRNa: American Yd'erdAtaekan Native $. B{atlr/A/riran American Oher multiaacial: AsiervPacifc Isterder. fisperrir. Total: Femala~eaded Fbuselyddg O vrner Rant er 7ofa1 Parson Taal lieperric Trial Fk~rlric Tole) Misperuc Totei His>parkc 0 0 0 0 0 0 38 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 o g o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g 0 0 0 0 0 0 0 78 0 0 0 0 bcome Category.. Owner Renter Total Person Fxaemey Low o 0 0 12 l.ow Mad 0 0 0 15 Moderate 0 0 0 9 Non Low -fodera/e 0 0 0 2 Tool 0 0 0 3g Percelk ~~ 94.7% Mnual AeeompOshmaHs Acrwmpiishmant Nartadve Year B Benafiing 2008 38 The Senicr Gaoler Pudic Sarviees program sough to provide opponur~g b entrance a ui~k ~ ~ m b b 6 kwg envtranrre r wenodBrate income kw4vduets. apacifcaky fie ederly. The Meridian SeriarC~ facilitated. and oonfaarea b fadAese, a program whereby woman ran obtain marrbngprarna ~ a Focal tgsPtal. Crxrerky six elderly women trove been able b faire atlveraage d tltis oPparharitty br an anportan( hea1N screen. The program wet albw for approximffie!y 49 other warm to take advantage of ftis apportun9y as we9. The Meriden Seriror Center hag also ferAFtalBd art education degaes far ektery Persons vAq are aq bw td moderate irxwrne krdlr~reffi. The &st of the art clues took piece n Septertrber 2010, with eddfonal claageg premed for fad 2(110. CDBG frsds are hasp used to pay for rie in+tucta's fee as weA as the suPPkas fa the klOfviMrels tek'xg 9re cux. This Pudic service program also Provided a free card'Fac risk proffe screening fa 22 elderly ndtv6tlrraffi at a brat row. -------------------- PRD3 -MERIDIAN -------------------------------------------------------- Page: 14 d tfi City of Meridian, Idaho 41 2009 CAPER DRAFT Phi/ Tear. 2006 ~x OOD9 - L11A InMasYudlxe DB Actirily: 2T - I.MA Nf'aetruelre Deagn t Status: Open Location: 33 E BrcedwayAve. Meddbn, ID 83642 YrYtiL FurMng Dale: 04!14!2010 Rnrrdng Forded Amourrt yW,000.A0 Drawn Tteu PmQarn Year. 533,908.96 Drawn In Program Year. 533.908.96 ProPor~ed Acrbmplshments PaPb (11: 8,009 Tdet PopWefoner Service Area: 2.988 Cerous Tract Pervert tar / 11ad: 45.00 Annual Accomplishments A~IialuneM Narrative Year tF Berrefitng ObJedi~e: Creeb audable dvgr9 erwmom~ts Outcane: Suslaina6ALy tAatrix Code: WateASewer kr~rovernenb (03J) Hadanal Otijecive: LA/A Daeafpgar: Design weler aM sewer repiacemenb in LMA area for tiRtee oorWrucSan with loml turd. l+C~l Yrr. 2008 PraJect 0010-Food6erk IRIS AW v0y: 28 - Food Baru Status Open LAraiar: 15 E. Bowes lAerWiarr, D 83842 Yritial FrxMng Dale: OM14/2010 Financing Funded Amourrt S/8271.98 Dnwn Ttru Program Year. i16,0T9S5 Drawn In Program Yea S18A79.55 Proposed AccompishmeAs Peapb {GerremQ : 600 Anual Accompishmerrts IWan6er esatiebd: yMFrtle: &eck/African Anrencan: Asian: PR03 - t~ttDUW Objottive: Creels sutable Irving envearrreMs Oulcc+rre: Sustaerebiiity Matrix Code: Rtt~ Servioee {C,erreral) (06) Description: Uvvmr Ranter Tol>r Total Hi~iar~ic Total Ffisperric Tad Hspartt 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Pdaticnal Ohjecive: UAC Person Total Hispen~ 10.481 2,461 128 0 52 0 -------------------- -- - - ------ ----------------- Page: 15 of 76 City of Meridian, Idaho 42 2009 CAPER DRAFT Appendix 2.b: Summary of Consolidated Plan Projects for Report Year 2009 (PR06) IDIS u.a GEPRR7EENT ~ rlot7suiG aao trm~w GEVao~lvr GFFIGE aF c~rnr PL/MMMICa. AFO OEYEL4PYgVf PROS - 8aaataay d Co~wafdded Play Prcjadela Rapart Yar YMr P°~t Pmt ~ ~ ~~O° P~ R'a1~f Cawirad T6ia ~~ IEepast A+eor~t Iraidtls to MtotrR Oraam ~ 20091 AdmitaiYafon GenaalPmgran Mni~atlm far PYZ008 G06G EaWeaY Motwt 549,9{7.00 Si1B947D0 Ysar S3B,97Q33. Qraa 5f0,97a67 1lPaRY~ 538.9'!633 IlOPNfA SO.m 90D0 50.00 f0.m fDDO ~~ f0.m SODO 50.00 50.00 SO DO E9G 2 nm caarly t4ous:g addnity Hanearr~aship 2m9oa..~aymae, dw.+9 wet atl p~ariPle a,y t7]8G 50.00 fODO f3ti,000.m f35DmDO f0.m f25Am.m f0.m Sta,OOD.m 50.00 525 t7mD0 darn asedeta~ae fir Agile, LIIN Inmrbu]+ee/s. q fo.m Sono ia.m Sam , So DO F10~ f0.m fO AO f0.m f0.m So DO 3 Centemiell Pad<Imlraremm6 ESG ~ Inalsi Ptey9aad eQapment9~iffilee. COBG f0.m 90DO f56,000.m 558AmD0 50-m ~6Pm.m f0.m fO.m SO AO ~S 000DO etcfiCalainiatPak. kOPYMA f0.m SODO f0.m f0.m , fODO SO.m SDDO f0.m SO.m SODO 4 Fnte kYe Creek Pafirey 2008 E9G Conglete emimnetdA ieriewaaM he9a+ 000G f0.m fDDO 533,mam E33DmD0 SO.m SO.m SO.m f33,m0.m 517.00 SODO co.st~aiandFw L6le Caeek i+gfirpy, yppyyp Segmak H.1. 50.00 fODO SO.m f0.m 50 DO FNM1E f0.m ft7DD f0.m f0.m fODO 5 goys E Gale T~anyutatim pawn E1~ As9daiw to nit®ie a 4eaig pmpaan that COBG f0.m ffl DO fD.m SO.m fODO rlf hansPOR ehde~ halo Pa~egme f 17,9oa.m f97D00D0 f8,7tYL917 514217.41 56.78259 Elana~taY. Meeidien kiddta. and kteridfan FIOPWA $O.m fODO m SO f0 m SODO kigi to fia CtW Aba a3nd. COBG finds . . wifwrer ddra r~gae end !doge 6enaNFs, f1lN~ fli-m 59D0 f0.m f0.m 90.D0 irruenoe,. Due aAila~aa:e ere! Baia, ad E&G faA. SO.m SODO SO.m Sam SODO 8 Meridian t=oad Bask 2008 Aaeidenw to Fwd Rankin prtfieeag t:OBt3 f20.m0-OO f20D00190 f20A00.m f0.m ~O,mODO equpnait and a+PPEae nelafadbihari tIOPWA $l7.m SODO f0-m m f0 SODO primryfirWlm;pdidng food to ndirilaY tlOk1E 50.m fODO m f0 . So m mDO and fs~ies in nsd. E8D f0.m fODO , SO.m . SO.m fODO 7 Fs®da tnipmramwMs Pa4rr wiF MerNa+perAoprned COBG f40.mQDD fODO f0.m 50.00 50.00 CarywAim to camplelamficade HOPWA SO.m fODO 50.00 50 00 fO DO imporamst Pmled to aidem dun ero FI[~ high! a~l7dra~l~earA /uea. 50.m SODO f0.m . f0.m fODO Ef7C f0.m fODO 5(7.m SO.m fODO 8 Flee hYa Geek BddOa,P~w®y Corrb~il a 10 nuibaae Pafirrq 6r Ct]BG Set,564.m SODO f0.m Sam SODO biicydide ad pedadda~e ors a ncadly i~id aakiwlamasa Fro itYa C'reAi. HOPWA f0.m SODO f0.m EO.m 50.00 PaBawywi p+ovideade. vtmancEOlmd Hq~ role b raiout dadiiAims indsong fO.OD SODO 50.m SO.m SO.DO °~.1he Med3a~~~~Y. COBO-R f0.m 964~D4D0 524.585.m f4D,019.m f24 565D0 wmmacid, madi~. and ~elaf anriaes, . paka.et El3G f0.m 50..00 f0.m f0.00 SOHO 171 City of Meridian, Idaho 43 2009 CAPER DRAFT Appendix 2.c: Summary of Accomplishments Report (PR23) ~ ~ ~~ ~. ~. s ~- w m~~~ ~ Q '~ ~_ Q _K~ ~` ~ a 3 ~.$aatt $ ~~crS t ~. ~ ge g ~ ~ ~ r ~ !K m ~ j D ~ W ~ + + + W + N il~ + + + O N W + + O Q ~~~~~228~~3 ~~f~Dt p~p Wwy, sWW~t~~Jr~,~~aa ~~~pp ~yy~~~#+.w{p~ p~p~pp App N W W~ ®O W W Q~ S ~~ A C1 0 {7 ~I+I+ N pNN~00++O+ e ~ 0 ~ O ~~~N~N~~~~~~ ~g8~$~8~~8$$ O + +~+~ 38E YI N NGh +A V ++N+N W +N+ ~~~~~~~~N~~~~w~~S ~ t3 f'3~' fBOia ~ A8$ $ t ~$ 8 cf 'O i ~r p .J 'ilnti i c mi ~ ~; ~~ n ~c ~ ~ ~~: m a ~~~~~` 0 ~~ ~~~7 0 Q~! ~~ ~°~ ~~ A ~- ~~~ g~~ ~~~ z~ ~; ~ ~' ~~~ ~~ a City of Meridian, Idaho 44 2009 CAPER DRAFT c ~~ m O C m ¢ ~iD~ (.~~ Z Q ~ V T s 3 ~~ fa R (/ ~ W [ ] O 0~ X 71 J sZ ~ 3 4. j6 ~ ~ ~. ~ T m ~ Q W _ U ~°gd O O rA m ,w = ti' fS' i7' !S" fA ( p W 'T7 T gT T W N ~ alpyaji ch'i~ 1O V ~ ~ O 4i ~ O ~ ~' i N .~ ~ N ~~~~~ C7 i K~ O O O O O N O N O O R n ggN A O O ~ 6 O 1 0 A O O iL 9 N ~~ 55~~ < o O '~~' S o a o a e o a= V! V C N ~ ~ .~.. D T m nmA 0 ~~~ _~ 3 gcO Z T ~.~c ~o~ a~~ 'gm~ ~'~m ~z ~ Z V ~ a City of Meridian, Idaho 45 2009 CAPER DRAFT v ~ o g~ ~ ~. ~. to ~ ~~ b ~~~ ~ ~~~ ~ ~ ~~ ~~ ~ ~ ~ 3 n ~~- ~~ ~~ ~ ~ ~~p W ,~Vpi ~~p ,,0bpp~ ~Np ~ ~I w + 4J .v. iS~ ^J CD VI + ~ + ~ ~ 1D O C? O C ~~ ~~~ g aw w ~~o "~°m i. oooooa.a oooooae oo ~fibL o rnD OT nrn ~a ~~ ~jC4 w coo oroao 0ooooow n>i. ~'~ Z'n _ ~~g ~~ g ~ e o00 00o a o00 00o a oo ~!~'~g~~ c ~v~ m r~ ~m~ ~-~m ~ o '~z~ ~''z City of Meridian, Idaho 46 2009 CAPER DRAFT 0 o p ~ ~ ~~ ~~ - ~~,~~~~ ~.v an~ ~_Y ~anf m ~ ~ ~~~~~ pogo n n ... -.,..... 3~ ~ 2~ a 0ooooornoo,arno ~~ aooooocooooo ~~ ~~Ppp. ~ N 47~ N A 3p~ C CJ~ . j ~ .~ ~~ o 0 o O O o ~t ~ 'p ~ O ~rn~ i• -i ~nrn z n vc~ ~'~~ ~~~ m z_ ~~~ v ~~ ~~~ ~~ rn r ~ ~~ zrn ~z City of Meridian, Idaho 47 2009 CAPER DRAFT ~~` D.S. DEPAR'f-EH10F HOIBMG AND lAOAN OEVHAfLEI[F GATE: 11//I7A 10 OFFICE OF CCN~NMIiY PLAMiN1G ANO LIEVELOPABfT TRE: 1027:50 am PRD (S o17) -Hone O'BbuwnerRaid IA6 fAn~iebne PALE: 1/1 ro~ U.S. ~PMTIEMOF H0USlK3 AND 1IiJ1A/1 DEVF30PAIEM DATE: 111112)10 OFFICE6 C0RMUWTYRANMN0 MO 0EVEL0ilB1f TIME: f02R2iem PR2:1 Q5 Ad O - Hm~e Uek CmyYtims by Flnat dAn>. Median Inmme PAGE: 1f1 ro1S u.s.DEPAHTRffNfOFHOt6fIGA1~DIRDANDEVaDWiErrr ~ATE:1vfr[om OFFICE GF carwraTr PLANMNG AND DEVELOPMENT Twff:1o91:5s rm Pit23 (e B of 7) -Hare Unl Regaled As Vacat PAGE: V1 b~ U.S. DEPARTMENTOF HO1161NG AND lliBAN DEVt3OPMENT DATE: 11i 11201( OFFICE OF CCM.IIFNI'V FiAlNINO AND DEVELOPM@TT TEE: 109328 m PR23 p d7j - ibme lAil Can~iabre q' Radal f Efinic CafigOry PAGE: 1i• City of Meridian, Idaho 4g 2009 CAPER DRAFT Appendix 2.d: Financial Summary Report (PR26) rD{s Graneae Program Year PART 1: SUMMARY OF COBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END ~ PREVKXIS PROGRAM YEAR 02 ENTITLEMENT GRANT 03 SURPLUS URBAN RENEWAL 04 SECTION 108 GUARANTEED LOAN FUNDS OS CURRENT YEAR PROGRAM MICOME 08 RETURN 07 ADJUSTMENT TO COMPUTE TOTAL AVAEABLE 08 TOTAL AVAILABLE (SUM, LINES 01-07) PART It SUMMARY OF COBG E7CPENDTTUREB 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNMICa/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL. AMOUNT SUBJECT TO LOWS BENEFIT i 1 AMOUNT SUBJECT TO LOWfMOD BENEFR {LINE 09 r LIME 10) 12 DISBURSED W DIS FOR PLANNINGlADMINISTRATIQN 13 DLSBURSED W IRIS FOR SECTION 108 REPAYMENTS 14 ADJUSTMENT TO COMPUTE TOTAL. EXPENDRURES 15 TOTAL EXPENDITURES {SUM, LINES 11-14) 18 UNEXPENDED BALANCE (LWE 08 -LINE 15) PART IE LOINYOO BENEFIT THM REPOR71N6 PERIOD 17 EXPENDED FOR LCWIMOD HOUSNIG N1 SPECIAL AREAS 18 EXPENDED FOR LOWANOD MULTNINR FIDLISING 19 DISBI.IRSED FOf2 OTHER LOWIAAOD AC7NITIES 20 ADJUSTMENT TO COMPUTE TOTAL LOWiA40D CREDR 21 TOTAL LOWANQD CREDIT {SUM, LINES iT-20) 22 PERCENT LOWIMOD CREDTf (L W E 21/llNE 11) LOIAFM00 BE-EFTf FOR YULT6YEAR CERT1FiCAT10NS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOWIMOD BENEFIT CALCULATION 25 CUMIJlAATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 26 PERCENT BENEFIT TO LOWlMOD PERSONS (LM1E 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALdCULJ>1TION3 27 DISBURSED Ml IDIS FOR PUBLIC SERVICES U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE (~ CO1MulUNITY PLANNING AND DEVELOPMENT PR 28 - CDBG Finaiaal Sumtiaary Report MERE}IAN , b 2009 0.00 249,947.00 0.00 a_oa 0.00 45.63 a.ao 249,992.63 263,939.44 0.00 263,939.44 38,976.33 o.oo a.ao 302,916.77 {52,923.14) 0.00 0.00 239,724.44 0.00 239,724.44 90.83Yo PY: 2007 PY: 2008 PY: 2009 401,732.8$ 350,122.14 87.1596 47,709,84 112 City of Meridian, Idaho 49 2009 CAPER DRAFT IDIS 28 PS UNLIQU~ATEb OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLN]UDATED OBLIGATONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO CbI~uTE TOTAL PS OBLIGATIONS 31 TOTAL PSQBLIGATKJNS(LNE27+LNE2$-LNE29+LNE 30) 32 ENnTLEMENT GRANT 33 PRIOR YEAR PROGRAM NCOME 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 35 TOTAL SUBJECT TO PS CAP (SUM, LNES 32 34) ~) PERCENT FUNDS OBLIGATED FOR PS ACTNITIES (LNE 31/LNE PART V: PLANNNG AND A0;/w~11STRAnON (PA) CAP 37 DISBURSED N IDIS FOR. PLANlYNGIADMNISTRATION 38 PA UNLIOLIIDATED OBLIGATIpVS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIOt11DATED OBLIGATONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 41 TOTAL PA OBLIGATIONS (LNE3T+LNE38-LNE39+LNE40) 42 ENnTLEMENi GRANT 43 CURRENT YEAR PROGRAM NCOA+~ 44 ADJUSTMENT TO COMPUTE TOTAL. SUBJECT TO PA CAP 45 TOTAL SUBJECT TO PA CAP (SUM, LNES 424) 48 PERCENT FUNDS OBLIGATED FOR PA ACTNRIES (LNE4iPLNE 45) U.S. DEPARTMENT OF HOUSNG AND URBAN DEVELQPMENT OFFICE OF COMMUNITY PLANNING AND bEVELOPMENT PR 28 - CDBG Fin8nr581 Summary Reiport 10271.41 ,2x12.a~ o.oo 45,786.79 249,947.00 0.00 0.00 249.947.00 18.3196 38,97'8.33 10,970.67 0.00 0.00 49.947.00 243,947A0 0.00 0.00 249,947.00 19.9856 2/2 City of Meridian, Idaho 50 2009 CAPER DRAFT Appendix 2.e: Timeliness Report (PR56) IDLS -PR56 U.5. Departrnent of Housing and lkban Development DATE: 10-0610 Office Of CommuNty PI~rNng and Development T'If4E: 16:24 Integrated Disbursement and Inforrr-ation System PAGE: 1 Current CDBG 7ime6rress Report Grar~ee : MERIDIAN, TD P'GM PGM YEAR TIMELINESS --- LETTER OF CREDIT BALANCE -- DRAW RATIO MINIMUM DISBURSEMENT TO MEET TEST YEAR START DATE TEST DATE CDBG GRANT AMT UNAD3l15fED AD]U5Tffi FOR PI UNAD7 ADl UNADJU5TED ADRJSTED 2009 10.01.09 08-02-10 249,947.00 299,042.73 299,041.73 1.20 1.20 2010 10-01-10 OB-02-11 UNAVAILABLE 209,464.38 209,4&438 ****** ****** GRANT UNAVAILABLE FOR CALCULATION City of Meridian, Idaho 51 2009 CAPER DRAFT Appendix 2.f: Performance Measures Report (PR83) ~ ~ ~ m d ~ ~ ~ d a ~ d ~ ~ ~. ~ ~. ~ ~ a ~ a ~ b Ni N Vli VI N~ O~ O N ~ OHO O O to ;0 O V1 ~~~nnn n ~I O~ O O O ~ OHO O O OHO 4 O N Q~ d ~~ G ~ o ~! o a ~ ono 0 0 0~0 0 0 '; 73 Q~ R ,~ ,~ ~~Q, o; o o a o;0 0 0 0;0 0 0 ~~ °~ ~~5 ~~ ~ o~ 0 0 0 ~~ o~0 0 0 0~0 0 0 ~Q [j o~ 0 0 0 ~ o?0 0 0 0~0 0 0 O~ O O O ' OHO O O OHO O O ~~ 0033 iA 'D of o 0 0 ~ ojo 0 o a;o o a ~ ~ o; 0 0 0 ~~ oo o a o;0 0 0 ~~ y~~ [n [^ G! ~ ~ w; w g O O ~ ~ O' O O O rii ~0 O ~+ yi. ~-' O ~ ~+ V O City of Meridian, Idaho 52 2009 CAPER DRAFT ~ ~ ~' Si ® ~ .~ D ~ 2 c 2 c p~ ~ ~ '" 3 : _ ; N ~ ~ ~ ~ g ~ ~ ~ ~ Id ~, ~ ~ ~ g o ~ o c 0 0 o 0 o p o 0 0 0 g n 3 ~ .~ 0 0 0 0 0 0 0 0 0 o p p o O 0 o O O O o o O O o 0 0 4 ~ ', ~ O G®®l1 p o~ O O p O O O O O O O O O O R 4 ... 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ;c.. O O O p O O O O O O O O O :C~Q ~1 .~ O O O O O O O O O O O O p :oQb ~ IY GGGG~~~~ 2 O O O O O O O O O O O O O Q ~ a ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 ~~ ~ m 0 0 0 0 0 0 0 p o 0 0 o O ~ ~ o° .- 0 0 City of Meridian, Idaho 53 2009 CAPER DRAFT s d ~: ~ «. ~: ~ ~ ~ ~a ~ g ~ ~ g ~ ~ ~ ,~ c'~ O o o ~~ o O O O O o o ~ ~~ `~~ O rho O o o ~ c o O O o o a ~ ~~ ~ ~ o o c o ;~ ~o o O O O O O ;~i p~~~fl, '~ '3 IG a .~ ~ ~~ ~~~ O O O o : O O O o 0 0 0 ~ ~ ~,~ 3~~~ ~ ~~ ~ ~~ ~ ~~ : N N N N ~% O O O O O O O ;Q ~ ~~ ~ ~O ~ .~ R~ :C :C O O O O ;~ O O O O O Q O ; ~1 :D :~ :O O O O ~~ O O O O O O O 8 ~ ;~i ~ 3 ~c O o o ;a `c o 0 0 0 0 0 ~ ~ ~ o O O o ~ o O O O O O O ~ $ g ~~~ O O N N N N ~ : O O O O O O O ~' r O ~ r W O City of Meridian, Idaho S4 2009 CAPER DRAFT Appendix 2.g: Strategy Area, CDFI, and Local Target Area (PR84) IDIS -PR84 U.S. Department of Housing and Urban Development DATE: 11-01-10 (3ffice of Community Planning and Deve&~pment TIME: 10:56 Integrated Disbursement and Information System PAGE: 1 CDBG Strategy Area, CFDI, and Local Target Area Report MERIDIAN,ID Program Year 2009 Totals for all Areas Number of new businesses assisted " Number of existing businesses assisted 0 Number of jobs created or retained in area 0 Amount of funds leveraged 0 Number of LMI persons assisted By direct benefit activities 0 By area benefit activities 0 Number of LMI households assisted 0 Number of acres of brownfields remediated 0 Number with new access to public facilities/improvements 0 Number of business facades/buildings rehabilitated 0 Slum/blight demobtion 0 City of Meridian, Idaho $S 2009 CAPER DRAFT Appendix 3.a: Legal Notice, Idaho Statesman Idaho Statesman Tae Nl WE-~-er !f elgr TdflYei• VlIIly fowNUS inT ESMAN.COM I'O Box ao, eoisa, iD a~~o7-4040 ~ FGt!-1_ PRtdOF O~ pUBLICATiQN AC+'.M rte:"A,r Ir1.~n~F:,~u, Pi) Amours CWa Lines 1t184S3T ~7aa525858 IEGAI_ Nb7iCE CdBG Grant 381.t~ 2 33 AftenNon: Lori Den Hartog CITY ©F MERiC}lAN 1 CDBG 33 ~ BROADWAY AVE MERIDIAN I[? 83842 LEGAL NOTICE CITY OF MERlDa1N NOTICE OF PUBI.iC HEARirlG AND PUBLIC COMMENT PER10D Regarding Meritiist7`a Ctxnmrmity De~it:loprnefrt Block Qrant (GDBG~ Program Tt~ C'Ity of Meridian has been designated an EntKlement Comm~n~ by the U.S. Departrnt=nt ~ Ha-sing and Urban Dearelopment tHUD1. T~s desgnation allows the City to receive funds annually from HUEYs Community Develop- ment Block Grant (CDBG) Program. At the end of each program dyeear the C must submit to HUD a Cansalidat- ed Annual Performance and Evaluation Report {CAPER} Edentifying tfle proo~~- ects dre City has tx`dertaken during the year to achitwe their Consahdated Plan goals and objectives. ALL CITIZENS ARE INVITED to attend a public Baring an Tuesday, "do- vember 9 2010 at 6:00 P1M., in ttte Meridla~ C~, °;txtncil Chambers, Meri- dian City Mall, 3~ E. Broad~+ay, Meridian, Ida ,~n ° ~ ~r~ling the 20519 eAFl~R. Special rlvitation is extended to persons wf' d _: 3.I~t~es, residerrs of assist- ed hou~ng, and Meridian business and proprt:y rrvraers. Meriden City Hall is a handicapped accessible faciity, {ndlvduals requiring accommodatecsn of physical, sight, ar heardgg~ Impairments ar language Interpretation please contact the Ciy Clerk at (2081 8$8.4433. ~I clflzens may review the draft CAPER and prawde testimony. Copies cf the draft plans witl be available No- vember 2, 2014 at the Mendian Clty C9er«t's Of#ice, and cxt ire Citys web- site, http:~Ivarvw.meridiant;l or~/planning.aspx. A THIRTY FIVE-DAY PUBLIC COMMENT PERIOD WILL FOLLt)iV THE PUBLIC FEARING FROM NOVEMBER 9, 2010 THROUGH DECEMBER 14, 2010. Dtaring this Reriad, all comments should be addressed to Lori Den Hartog, aiho may be ctmtacted by mail: City of Meridian P6armin De- partment, 33 E. (3rnadway, Meridian, ID 83642• rvi pht~ne: f2d$~ 88433; by fax: t2i381888-6854; or tit e~riaY: ldenhartogt~mendianciry.arg. DATED this 26th day of t]ctotaer 201£1. Pub, tact 26, 2010 - - -- vE,~t)52595&Dl JANICE liILDRETN, b@ing duly sworn, detmses and says: Tkiat she is the Prinapal CI@rk of The Idaho Statesman, a daily newsy@per printed @nd published at Boise, Ada County,. State of fdaho, and having a generat circulation therein, and wftir~t said n@WSpap@r has teen continuously and unintemuptediy published in sold County during a period of twely@ ~rts@cutive rn+,rnths prior to the first publication of fhe notic@, a Dopy of which is attar~ed hereto: that said notice was publishari in The Idaho Siatestrean, in conformity with Section 8Q-t178,1daho Code, as am@nded, for. 1 Iresert~ns Beginning issue ofi i012tiJ2il10 Ending issue or 1aIZ6I201~ {~ae~u cerxl STATE OF IDAHO } .ss COUNTY OF ADA ) on ibis 26 day cf ©ctober in the F year of 2t}70 before. rr~, s Notary Public, p@rsonaby appeared before me Janice Nikireth knovm or ddentified tq me to b@ the person wtmse nam@ subscribed to th@ within instnarnent, and being by Aret duty sworn. declar@d that the statements ttserein ere bu@, and acknowledged t4 me that she @xecuted th@ same. ~ ~~~_ Notary Public tar 1~ City of Meridian, Idaho 56 2009 CAPER DRAFT Appendix 3.b: Legal Notice, Valley Times CITY OF ME W DIAN NOTICE OF PUSLiC HEARING AND PUBLIC COMMENT PERIOD Rtgarding Meridf>rn's Cnmmanity DtvNeptttaettnt Bioek Gr~aat (CI)BG) Program The City of Meridian has been designated an Entitlement Commatnity by the U.S. Department of Houseng and Urban Devebp~ruent (IilJU). This designation allows the City to receive funds anzsuaily from F1UD's Communety Devebprnent Block Grant {CDBG) Program. At the end of each program year the City must submit to IIUD a Consolidated Annual Performance and Evaluation Report CAPER} identifying the projects the City has undertaken during the year to achieve their Consolidated Plan goats and objectives. ALL CITIZENS ARE INV[TED to attend a public hearing om Tuesdays Alovember 9, 2010, at 6.00 PM.„ in the Meridian City Counsel Chambers, Meridian City Bail, 33 E. Broadway, Meridian, Idaho, regarding the 2009 CAPER. Special 'invitation ri extended to persons with desabilitees, residents of asserted housing, and Meridian business and property owners.. Meridian City Bali es a handicapped ac~~sible faclity. lndivedvais requering accommodation of physical, sight, or hearing impairments or language interpretation please comtact the City Clerk at {208) 888-4433. Aii citizetta may review the draft CAPER ar~d p~ruvide testimony. Copies of the draft plans will be available November 2, 2010 at the Meridian City Clerk"s OfTiwce„ and on the City's web site, httpa~' www. meridiancity.orcg~piamning.aspx. A THIRTY FiYE-DAV` PI~BLIC CQMMENT PERIOD 'V17LL FOLLOW THE PUBLIC HEARING FROM NOVEMBER 9, 241• THR®iJGH I)~ECEMBER 14, 2AN, [}uting tteis period, ail comments should be addressed to Lori Lien liar6ug, who may be oontacoed bry mail: City of Meridian, Planneng Department, 33 E. Broadway, Meridian, iD 83642; by pturne: (208) 884-533; by fax_ (208 888-6854: ar by a-mail' Idenhartog[cirttertdiamcity.otrg. DATED this 25' day of October 2010. l~rl~y 7'uv~es Publish: October 2S, 2010 City of Meridian, Idaho 57 2009 CAPER DRAFT CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November 9, 2010 ITEM # PROJECT NUMBER 8A PROJECT NAME PY2009 CAPER PLEASE PRINT NAME ~ FOR ~ AGAINST ~ NEUTRALS N ~~ CITY OFF Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: $g PROJECT NUMBER: ITEM TITLE: Open Public Hearing and Public Comment Period for a Substantial Amendment to the Community Development Block Grant (CDBG) 2009 Action Plan MEETING NOTES ~e~-e~ ~ r ~ ~c~M~-~, CLERKS OFFICE FINAL ACTJON DATE: E-MAILED TO STAFF SENT TO SENT TO NOTES INITIALS AGENCY APPLICANT STAFF REPORT Meeting Date: November 9, 2010 E IDIAN~-~- IDA~i{~ TO: Mayor and City Council FROM: Lori Den Hartog, CDBG Administrator SUBJECT: PY2009 Community Development Block Grant Action Plan Amendment, Public Hearing & Comment Period 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST One activity from the 2009 Program Year (PY09) did not move forward according to predetermined timelines. In order to maintain compliance with federal timeliness requirements, the City proposes an amendment to the PY2009 CDBG Action Plan to reallocate these unused funds to a new activity as follows: Project Amount Project Amount Meridian Facade $40,000 Community $40,000 Improvements Center ADA Upgrades 2. SUMMARY OF REASONS FOR RECOMMENDATION During the 2009 Program Year, a project had been identified to be carried out by the Meridian Development Corporation (MDC) for facade improvements in the amount of $40,000. The former CDBG Administrator for the City of Meridian and the former Administrator for the MDC had worked together to identify a property that would be eligible for use of these funds. The original site was Meridian Automotive located at 505 N. Main Street. Several issues were uncovered during the initial process that made the site ineligible for use of CDBG funds, and no other site was identified for use of these funds. Staff contacted the former MDC Administrator about the possible reallocation in August 2010, and the new Project Manager for MDC on October 20, 2010. Staff is recommending a reallocation of the $40,000 to a project with an immediate need for construction dollars. After internal discussion with the Department Directors, staff is recommending the $40,000 be reallocated to the Meridian Community Center ADA Upgrades project. This project is an already approved CDBG project, but the current funds ($20,000) allocated to it are insufficient to cover the construction costs. The project has gone through the necessary environmental reviews, the design is complete, and the City anticipates the construction to begin in early 2011. By allocating the $40,000 to this project, the City will be able to complete the necessary ADA upgrades to an important community facility, stay within the timeliness guidelines of the federal government, and advance the goals identified in the Consolidated Plan. PY2009 CDBG Action Plan Amendment November 9, 2010 3. SUMMARY RECOMMENDATION Staff recommends opening the public hearing and comment period on November 9, 2010 with an anticipated closure on December 14, 2010. This exceeds the required 30 day comment period. 4. SUMMARY OF SUBSTANTIAL AMENDMENT Staff proposes amending the PY2009 CDBG Action Plan as described herein. 5. PROCESS FACTS Published public notices on October 25, 2010 in the Valley Times and on October 26, 2010 in the Idaho Statesman. A copy of this Amendment is available at the Meridian Senior Center, Meridian Main Branch Library, Meridian City Hall, and online at: http://www.meridiancity.org/planning_aspx?id=4418. 6. EXHIBIT A. 3C Table for Meridian Community Center ADA Upgrade PY2009 CDBG Action Plan Amendment November 9, 2010 EXHIBIT A: Jurisdiction's Name: Priority Need: Project Title Description Table 3C Consolidated Plan Listing of Project City of Meridian, Idaho Public Facility Meridian Community Center, ADA Upgrades The City allocated $20,000 in PY2007 and $40,000 with a substantial amendment to the PY2009 Action Plan to bring the Meridian Community Center into compliance with the Americans with Disabilities Act (ADA). This project will ensure that the facility is accessible to all residents and visitors. Objective category: ®Suitable Living Environment ^ Decent Housing Opportunity Outcome category: ®Availability/Accessibility Location/Target Area 201 E. Idaho Avenue; Meridian, Idaho 83642 Census Tract 010321, Block Group 1 Objective Number Project ID SL3 HUD Matrix Code CDBG Citation 10 24 CFR § 570.208 (a)(2)(ii) Type of Recipient CDBG National Objective Reci Tent LMC Start Date Completion Date 01/03/2011 09/30/2010 Performance Indicator Annual Units # of families served Cit wide Local ID Units Upon Completion 1 ^ Affordability Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ^ Economic ^ Sustainability $60,000 $60,000 $60,000 The primary purpose of the project is to help: ^ the Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs PY2009 CDBG Action Plan Amendment November 9, 2010 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November 9, 2010 ITEM # 8B PROJECT NUMBER PROJECT NAME Amendment to PY2009 CDBG Action Plan PLEASE PRINT NAME FOR I AGAINST I NEUTRALI C I TY G F G4~CE~;~?~-- GITYCLERKS OFFICE Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. ~ ~ _ ~ 53 : A Resolution of the Mayor and the City Council of the City of Meridian Establishing the Appointment of Tom Sauer to the Meridian Solid Waste Advisory Commission MEETING NOTES ~~~~v~ CLERKS OFFICE FINAL ACTION SENT TO seNr 70 DATE: E-MAILED TO STAFF AGENCY APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. ~ O ' 1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING THE APPOINTMENT OF TOM SAVER TO THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Ordinance No. 10-1450, on June 22, 2010, approved the establishment of a Solid Waste Advisory Commission; and WHEREAS, the City Council of the City of Meridian, by the passage of Ordinance No. 10-1432, on August 17, 2010, thereby created the Meridian Solid Waste Advisory Commission; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-6-3(C), the following City of Meridian citizen member of the Meridian Solid Waste Advisory Commission be appointed to a term of service to be effective November 9, 2010: Seat 1, one-year term: Tom Sauer; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. n V~-- ADOPTED by the City Council of the City of Meridian, Idaho, this _I day of 2010. nn s"l~_ 2010. ATTEST: By: aycee olman, Ci RESOLUTION FOR APPOINTMENT OF APPROVED by the Mayor of the Crty of Merldlan, Idaho, thi day of APPROVED: { ~C. ~~` ~`~~ 1 ~~ lvi~~`,~~.ay ammy de Weerd ~POr~y ~~ '~~ 0 ~'ler µ '~ o,°~ c ~M$AT38ILT LI`q~I'E ADVISORY COMMISSION -Page 1 Mayor Tammy de Weerd 33 E. Broadway Ave. City of Meridian, Idaho 83642 Mayor Tammy de Weerd, I am interested in being appointed to the Solid Waste Advisory Commission. Thank You, „ ~, . ~, ~"' G~ G Thomas M. Sauer 4089 S. Cubola Ave. Meridian, Idaho 83642 Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. ~ l~ '~ 5 ~ A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Chelsea Mason to the Traffic Safety Commission; and Providing and Effective Date MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO SENT TO NOTES INITIALS AGENCY nPPUCnNT CITY OF MERIDIAN RESOLUTION NO. I Q ' ~ S~'' BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING CHELSEA MASON TO THE TRAFFIC SAFETY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 3 establishes the Traffic Safety Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to traffic safety within the City, and to that end Meridian City Code § 2-3-3(B) states that a youth member may be appointed to the Traffic Safety Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of Chelsea Mason to the Traffic Safety Commission to be in the best interest of the Traffic Safety Commission and the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-3-3(B), Chelsea Mason is hereby appointed to the Traffic Safety Commission, for a term to expire on August 31, 2011. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ~ ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of November, 2010. ~. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of November, 2010. APPROVED: \,,.~G~,~y ~ ~~0~,9"~ayor a my de Weerd ATTEST: ~~'°~~T o '~- F By: - Jayce .Holman, City Cle lcy ~, o g CHELSEA MASON -YOUTH COMMISSIONER ~P01N .~/T F(~•1~FIC SAFETY COMMISSION PAGE 1 OF 1 UN { ~ ~ t~\ ~~'"~~~i iiiltlltt~t Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Planning Department: Strategic Plan Update MEETING NOTES ~-~v~ ~ ~c~n+n~vtq CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO SENT TO NOTES INITIALS AGENCY APPLICANT ~/rE IDIZ IAN*-- IDAHO / November 5, 2010 MEMORANDUM TO: Mayor and City Council FROM: Anna Borchers Canning, AICP /~1~ Planning Director RE: FY2010 Accomplishments and FY2011 Action Plan Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba FY2010 ACCOMPLISHMENTS About one year ago I came before Council and presented a comprehensive list of the many items (80) I wanted my staff and me to accomplish. In your packet today I included a list of all the items we completed, as well as a list of those that are in progress and those that are not yet started. I don't want to spend precious time today going over the completed items; my hope is the lengthy list will stand on its own merits. FY2011 ACTION PLAN Last year's action plan was an amazing tool that kept everyone motivated while not overwhelming them with a lengthy list of tasks to accomplish all at once. At staff meetings each week we went over the items that were now ready to start ("active") and those that were still in progress. (I've included the list of those that were "in progress" or "active" at the end of FY2010, and I've explained the delay in the memo below.) I was excited about developing this year's action plan, and I brought in as many people as I could to brainstorm on projects and tasks. I had input from. all the planning staff as well as Emily Kane, Scott Steckline, Bruce Freckleton, Brenda Sherwood, and Reta Cunningham. The result...instead of a mere 80, I have over 168 action items on this year's list! I have provided the full list in your packet, but I have group and summarized them for discussion. Please let me know if you would like additional information on any of these items. Destination Downtown and Follow-up Plans Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Page 2 Destination Downtown is an amazing document. It is easy to read and understand, and yet it is chock full of vision, policies, and recommended actions. "Pithy" is one of my favorite words, and it is a great word to describe Destination Downtown. I have over 40 items related to Destination Downtown in the action plan. These items include incentives, research, design themes, implementation measures, and plans. I want to focus for a moment on the plans. As you may recall, there are five sub-areas noted in Destination Downtown. They are: • Traditional City Core. • Washington & Main District • Neighborhood Preservation Areas. • TOD /Cultural District. • Southern Gateway Entertainment & Hospitality District • Northern Gateway District Destination Downtown sets a clear vision for each of these areas, but ends at that vision. What I want to focus on this year is doing a mini, specific plan for each of these areas. The idea is to invite all the property owners to participate in these plans and discuss topics such as specific goals and objectives for the area, appropriate zoning and development standards, and clarifying the desired look and feel for buildings in the area. We would then follow through with the appropriate tools consistent with those plans. I have to confess I am very excited about these mini, specific plans and what they will mean to our downtown core and surrounding areas. I intend to take the lead on these efforts with heavy support from Brian McClure (our new part-time associate city planner) and Caleb Hood. Brian brings amuch-needed skill set to the office in comprehensive planning, design principles, and document production. These skills are just what we need for the mini, specific plans. Other Plans This year we focused on updating our comprehensive plan to align it with the city's strategic initiatives and to make it more useful for staff and the public. That effort is wrapping up and will be before you next month for a workshop discussion. I think you will find that the updated comprehensive plan is not just the Planning Department's. It will be the City of Meridian Comprehensive Plan. We hope to further those efforts this year by working with the other departments on their capital improvement plan and/or strategic plans, and then folding key principles into the comprehensive plan. This year we have also worked with the Mayor's office, Parks Department, and Public Works, on a "rails with trails" initiative. We are all pleased with the results thus far and we plan to continue these efforts this year. I anticipate that we will also need to address the southwest area of our area of city impact. As I have mentioned before, I believe the County will request that we provide additional information on appropriate land uses within the "future planning area" designated on our map. Unfortunately, we did not anticipate needing to work on this area, and we did not Page 3 request funds for outreach on this effort. We will keep Council informed on ideas (as they develop) on how to accommodate the County's request for more detail while staying with budgeted funds and resources. The other planning effort on our list is the Fields District in northwest Meridian. We look forward to working with Brenda Sherwood and the property owners on identifying an appropriate identity and vision for the area. We do not anticipate completing the plan this year, but Council did set aside some funds to start the effort. Transportation and Transit I hope you will agree that Caleb has made tremendous strides this year in coordinating and advocating the transportation needs of the City of Meridian. For next year, I've challenged him to continue those great efforts while trying to work more with VRT on bringing more transit planning-and hopefully transit-to the City. This emphasis on transit showed up as several action items within Destination Downtown, and I've committed to following through on that vision. Interactive PDFs One of my favorite accomplishments this year has been our interactive PDFs. I showed you one last year on our CZC process. Since then we have also developed one for customers that answer the age-old question, "How long will it take?" We also developed one for the Clerks office in navigating the temporary use code to determine what application you might need. The third interactive pdf we developed was just for Planning Staff and it assists the planners in their site plan reviews of fully developed and partially developed properties. All of these tools have led to a much more consistent interpretations and a greater understanding of processes and code. This year, it was all too easy to identify other opportunities: • How to submit a CZC and building permit; • How to open a daycare; • How to operate a home occupation; • Standards related to accessory structures; and • Sign Ordinance processes and standards. These are now on the list, and we are all excited about working on them. The Mayor and I have even talked about incorporating video clips (if possible) to make them even more useful to our customers. Standard Operating Procedures While the current planners weren't busy processing applications, conducting pre- applicationmeetings, and generally spoiling our customers, they spent many hours this year defming our standard operating procedures (SOPS) for nearly everything in the office. This was along-awaited exercise that has resulted in step-by-step instructions on how to process everything from a sign permit to a development agreement. Similar to the interactive pdf's, we had no problem identifying additional useful SOPS to complete this year: the surety process, vacation process, fee waivers, internal coordination for ACHD Page 4 projects, and ITD protocols. We also anticipate that we will need to redo all the SOPs once Accela comes on line this summer. Community Development Block Grant Program (CDBG) First let me say that hiring Lori Den Hartog to be our part-time CDBG administrator has been fantastic. She is catching on really quickly (due in part to the fantastic guide that Matt Ellsworth prepared before he left), she enjoys having challenging part-time work, and she is a great team member. In addition to the standard CDBG administration duties, I've also task Lori with several action plan items. They fall into two main groups: addressing items from Destination Downtown and conducting the Housing Needs Assessment and Market Analysis, the funding of which Council approved for this fiscal year. Code Clarifications, Updates, and Amendments I've identified numerous code amendments to tackle this coming year. As usual we will bring forward our "tweaks" that help clarify and implement the current code. The topics range from wetlands to daycares to street lighting and more. There are also a number of code amendments identified in Destination Downtown. We will work with MDC to make sure we address their concerns. Some of the more substantial code amendments include: assisting the Fire Department in a gas pipe line ordinance; incentives for voluntary annexation, and developing an agricultural zone. Finally we've identified some complicated code amendments such as amending adult entertainment regulations, updating and relocating the 1950s code related to mobile home parks, cleaning up some of the outdated references in Title 1, and developing tools to help build out our roads in the Ten Mile Specific Area Plan, among others. Emily Kane and I are the primary persons tasked with these code amendments, but I've also pulled in Bill Parsons, Pete Friedman, Sonya Wafters, Kristy Vigil, and Lori Den Hartog. I need to add a note about the tools necessary to build out our roads in the Ten Mile Specific Area Plan. This was on our action plan for this year, and it didn't get done. I did not start the project because several of the key property owners were suing ITD for the right-of--way takes necessary for the interchange construction. I do not believe we will have meaningful discussion and participation from those owners until the law suits are resolved. Those trials are set for this winter. Courses (Internal Customer Service) The last year Pete Friedman and I held a few "Planning 101" courses for other City staff. These courses (for lack of a better term) were well received. We thought we would continue and expand upon that by providing courses on the comprehensive plan, the Ten Mile Specific Area Plan, and general training sessions on how we evaluate site plans and process certificates of zoning compliance. External Customer Service We always try to provide our best possible customer service, but we know there is always room for improvement. This year we wanted to focus more time on bridging the gap Page 5 between planning and building department applications. Whereas last year we focused on our frequent customers, this year we want to look at ways to assist the one-time-only City customers that come in for a daycare business or hair salon and that get overwhelmed and caught off-guard by the process and requirements. Economic Development Brenda Sherwood made her strategic plan presentation to you last month. Based on her presentation, I've included a number of items in our action plan, including, strategies for site selection requests and working on materials for potential businesses that will guide them through the application process, our zoning regulations, and incentives for locating in Meridian. We have already developed strategies and products last year and we look forward to making them even better this year. Geographic Information System Training I've sat before you a couple of times in the past championing the deploying GIS citywide in a much more comprehensive fashion. The GIS Team is wrapping up its efforts, and I'll be back again soon to talk to you. However, I have to confess, my staff does not have the GIS skills I would like and need. This year I want to make a concerted effort to raise the bar for all of us in the department. Administrative Tasks These include a variety of tasks related to implementing this action plan, working with other local governments such as ACRD and Ada County, new templates for findings and orders, and items to consider in upcoming budgets. Fun Stuff Within our CARE qualities, my favorite will always be, "Enjoy your job and do it well." I am continually proud of the work we do, and I am equally proud of the fact that we have fun doing it. To that end, I've allowed us to take time for a number of important, fun activities, including a Holiday get together with the Planning and Zoning Commission, an informal team-building event in the spring, an afternoon of painting our lobby walls, and maybe even a new wall hanging for the lobby. TIMELY COMPLETION OF TASKS As I mentioned at the beginning of the memo, we have more than doubled the number of action items on our list this year. My intent is to stay on task and complete as many of those as possible. I do need to point out, however, that sixteen of the action items are actually scheduled for FY2012 mostly related to the Destination Downtown mini, specific plans. I am also worried that the interactive pdfs may slip into the next fiscal year as well. All these action items require the assistance of Brian McClure. Unfortunately, the limited hours he is available will stretch the time-line in completing those tasks. ^II^11^II^I I^II^II^II^II^II^II^11^II^II^II^II^II^II^II^II^II^II^11^II^11^II^II^II^II^II^II^II^II^II^11^II^11^II^II^II completed items ~~~ Status completed Date Action Item Lead Support 11/1/2009 EECBG administration mini SOP Pete Anna 11/1/2009 New comments for Parks Sonya Steve S. 11/1/2009 New comments for Planning Sonya Pete 11/1/2009 New comments for Police Sonya John O. 11/1/2009 New comments for PW Scott Sonya 11/1/2009 New comments for SSC Sonya Doug M. 11/1/2009 Sign Code Amendments Kristy Anna 11/1/2009 Work with PW on Shane replacement and responsibilities Anna Torn B. 11/1/2009 Ambassador program materials Pete Bruce F. 11/1/2009 Detailed work plan for Comp Plan reformat- Caleb Matt 11/1/2009 Clean up code amendments Sonya Anna 11/1/2009 Rails with Trails part deux Matt Robert S. 11/1/2009 Get customer cards for counter Barb Peggy G. 11/15/2009 Green Grant Program Review and Assist with Admin Anna Robert S. 11/15/2009 Sidewalk inventory with PW and ACHD--shift responsibility off Matt Matt Caleb 11/15/2009 Ambassador program list of visits Pete Bruce F. 11/15/2009 Work with Carl M. on demographics for Comp Plan and RTP Matt Caleb 11/15/2009 All things transportation on the website Caleb Tim C. 12/1/2009 Ask Jay Gibbons about collaborating opportunities Anna Pete 12/1/2009 Clarify and flesh out Mixed Use designations in Comp Plan Caleb Bill 12/1/2009 Neighborhoods USA as Mayoral initiative? Parametrix. Anna Bill 12/1/2009 Clarify and flesh out Mixed Use designations in Design Guidelines Bill Caleb 12/1/2009 Minor amendments to design guidelines Pete Bill 12/1/2009 Clarify and document CDBG SOPs Matt Emily K. 12/15/2009 Parks Action Plan /Comp Plan consistency amendments Matt Caleb ^n^n^n^n^n^n^u^n^u^u~u^u~u^u^n^u^u^~uu~u^n^n^a^nnini^n^n^u^u^unun^u^u^u^n^u^n Friday, October 29, 2010 Page 1 of 3 12/15/2009 Surety discussion with developers and builders Anna Pete 12/15/2009 Integrate pathways plan into Comp Plan Caleb Matt 12/15/2009 Shift pathways stuff to Sonya or Bill or back to Parks Pete Anna 1/1/2010 Energy Efficiency and Conservation Strategy Pete Anna 1/1/2010 New comments for FD Joe S. Sonya 1/15/2010 Reestablish code enforcements work groups on code issues Anna Emily 1/15/2010 Research additional funding options for transit Caleb Kellie F. 1/15/2010 Send notice to customers re: SOPs invite comments and suggestio Pete Barb 2/1/2010 Integrate MDC streetscape standards into UDC Bill Tim 2/1/2010 Informal Team Building Anna Barb 2/1/2010 Code amendments for fiber backbone Anna Sonya 2/15/2010 CZC as GIS layer part I Barb - Kristy 2/15/2010 Limited duration signs pamphlet Kristy Emily K. 2/15/2010 Job shadowing Anna Charlie R 2/15/2010 Social networking for comp plan amendments Caleb Luke 3/1/2010 Code amendments for gated subs Anna Sonya 3/1/2010 Semi-permanent portable classrooms code amendment Anna Bill 3/1/2010 Link to MDC master plan on the website Barb Bill 3/1/2010 Ambassador program list of visits with dates Pete Bruce F. 3/1/2010 Interactive flowchart for temporary uses Anna Nancy 3/15/2010 Process protocols with ACRD Caleb Tim C. 4/1/2010 Learn Mandarin over Chinese food Barb Tammy d 4/15/2010 CDBG annual and multi-year calendars Matt Emily 4/15/2010 Consider LaserFische and Video in budget request Anna Barb 4/15/2010 Transit and VRT. Explore getting bus service Caleb Kellie F. 4/15/2010 Submit text amendment on mixed use in Comp Plan and DG Caleb Bill 4/15/2010 Code amendments for ponds Anna Caleb 5/1/2010 Strategy for site selection committees Anna Pete 5/1/2010 Fire and PW consistency clean ups Sonya Anna 7/1/2010 Clean up code amendments round 2 Sonya Anna ^n^u^n^u^n^n^n^u^n^u^u^n^u^n^u^u^n^n^n^n^u^n^n^~~^n^n^nnuu^n^n^n^n^u^u^u^u^u^u Friday, October 29, 2010 Page 2 of 3 7/1/2010 SOP on improved input for ACRD Five Year WP 7/15/2010 CDBG project guides and reference materials 8/15/2010 CDBG full SOP Guide 9/15/2010 SOP for making labels and owner list Caleb Tim Matt Emily Matt Emily Barb Bill ^n^n^n^n^n^n^n^n^u^n^n^nnun^u^un~^u^u^n^n^n^n^n^n^u^u^n^n^n^n~n^un~^u^n^n^n^u Friday, October 29, 2010 Page 3 of 3 ~nm~ununni~u~u~u^nni~u~u~u~u~u~u~u~n~nm^n~unun~n^nni~n~n~u~n~unuu~u^n~uni staff meeting updates ~Y-~ Status active Date Action Item Lead Support 6/1/2010 CPTED amendments Sonya Anna 6/1/2010 Submit Comp Plan to Planning and Zoning Commission Caleb Anna 7/1/2010 Tool to build roads in Ten Mile Specific Area Plan Anna Pete 8/1/2010 Post new Comp Plan on website Barb Caleb 8/15/2010 Distribute new Comp Plan Caleb Barb Status in progress Date Action Item Lead Support 1/1/2010 SOP on coordinating with PW on transportation and utilities Caleb Tim C. 3/15/2010 Pipeline safety regulations (FD as lead) Joe S. Pete 4/15/2010 Economic Excellence chapter in Comp Plan Caleb Brenda 4/15/2010 Fold CDBG stuff into Comp Plan more Lori Caleb 5/1/2010 CDBG big project into Action Plan to accumulate funds Lori Caleb 5/1/2010 Sustainability chapter in Comp Plan Molly Pete 5/15/2010 ACHD master Drainage agreement including consequences for not Caleb Ted B. 7/1/2010 Xeriscape standards Pete Kristy 8/1/2010 CDBG/Housing subcommittee for CP amend Caleb Lori 8/1/2010 New template for staff reports to Council Pete Jaycee H 9/15/2010 Develop FY11 Strategic Plan Anna Pete 9/15/2010 Integrate MDC Downtown Master Plan in Comp Plan Caleb Bill ^n^~~^~~^n~n^n^~~^u^~~^u^u^u^n^u^u^u^~uu^,~^u^n^n^~~^n^n^n^~~^u^u^n^~~^~~^u^n^n~n~n^~~^~~ Friday, October 29, 2010 Page 1 of 1 Action Pla n byDate FY2011 Date „_„_.,_„ _ Action Item Lead Support 1/1/2010 Internal Coordination SOP forACHD projects Caleb Tim 5/15/2010 ACHD master Drainage agreement Caleb Ted 8/1/2010 CDBG/Housing subcommittee for CP amend Lori Caleb 10/1/2010 New template for cheat sheets Pete Sonya 10/1/2010 Identify commonalities in MDC and City docs. Anna Ashley 10/1/2010 Records Retention Policy Barb Anna 10/1/2010 DT bicycle plan in conjunction with other ACRD, City, or County-wi Caleb Tim 10/1/2010 Develop FY11 Strategic Plan Anna Pete 10/1/2010 CPTED amendments Sonya Anna 10/1/2010 SOP for making labels and owner list Barb Bill 10/15/2010 Clean up Design Review checklist Bill Pete 10/15/2010 Wrangle Accela tasks Kristy Anna 10/15/2010 Request Bldg Dept at comments meetings Anna Bruce 10/15/2010 Review PW SOPs as part of Accela Kristy Anna 11/1/2010 Bridging gap between Planning and Building in Admin apps Anna Bruce 11/1/2010 Fun P&Z event--Christmas time catering Barb Pete 11/1/2010 UDC amends to encourage native plant species and drought-toter Pete Kristy 11/1/2010 EECBG administration Pete Anna 11/1/2010 Support Bill in AICP Bill Pete 11/1/2010 Set up bi-weekly meeting with Dev Services Anna Scott 11/9/2010 Present Strategic Plan November 9th Anna Pete 11/15/2010 Verify process for final pfa~t that are signed, but are out dated Sonya Pete 11/15/2010 UDC amends for bike racks new DT commercial and at new multi Bill Ashley 11/15/2010 Wireless communication code amendment Sonya Kristy 11/15/2010 Ask County about collaborating opportunities Anna Pete 11/15/2010 Assist with gas line ordinance--address LPG Joe Pete ~~r*~aynf~ove~m~~~a~n~i~an^n^~i^u^run^nni^u^n^nnun^n^iuu^n^nnun^u^n^n^n^n^i~age ~'~o~ Date Action Item Lead Support 11/15/2010 Coordinate with PW plan reviewers on planning reviews Pete Scott 12/1/2010 Training session on Ping Dept review for plan reviewers Pete Anna 12/1/2010 Consider change to % in surety process Pete Scott 12/1/2010 Coordinate pedestrian and bicycle circulation systems with DT bus Caleb Ashley 12/1/2010 Inventory prime areas with fragmented ownership for potential ass Anna Ashley 12/1/2010 UDC amend for entertainment and gathering venue in MDC bou Anna Bill 12/1/2010 Website improvements Barb Anna 12/1/2010 Ensure that road improvements do not adversely affect well-establi Caleb Ashley 12/1/2010 Meaningful and useful dashboard Anna Charlie 12/14/2010 Work with other depts on CIPs Anna Many 12/15/2010 Assist with Water Conservation Plan Molly Pete 12/15/2010 Consider incentives for voluntary annexation Anna Bill Nary 12/15/2010 SOP on fee waivers Sonya Anna 12/15/2010 P&Z Commission training/roles/functions/ex-parte. Pete Anna 12/15/2010 Fold CDBG stuff into Comp Plan more Lori Caleb 12/15/2010 Sustainability chapter in Comp Plan Molly Pete 12/15/2010 Identify DT properties with potential for housing and develop a stra Lori Caleb 12/15/2010 Economic Excellence chapter in Comp Plan Caleb Brenda 12/15/2010 Mobile Home Parks code amendment Anna Emily 1/1/2011 Sign code amendment to add 10 mile interchange Kristy Anna 1/1/2011 Submit Comp Plan to Planning and Zoning Commission Caleb Anna 1/1/2011 Rails with Trails III Caleb Tim 1/1/2011 New Title 9? Anna Ted 1!1/2011 Strategy for site selection committees II Anna Pete 1/1/2011 UDC amend to ensure pedestrian oriented signs are allowed and Kristy Ashley 1/1/2011 Update ACHD policies and plans to accommodate multiple modes Caleb Tim 1/1/2011 Ambassador program II list of visits Pete Bruce 1/15/2011 Post new Comp Plan on website Barb Caleb ~r*day~~ove~m~er a~~~~~au^n^ii^~uunun^u^n^u^u^i~^n^~uu^u^n^ii^iuun~^~i^ii^~i^nn~age~~ot~ Date Action Item Lead Support 1/15/2011 New templates for findings and orders Sonya Ted 1/15/2011 Research additional funding options for transit Caleb VRT 1/15/2011 Consider GIS training with PW Anna IT Rob 1/15/2011 Fee in lieu clarification/modification Anna Ashley 1/15/2011 Paint walls in lobby Barb Eric 1/15/2011 Plan pathway along Boise River with pathway connections to Eagl Caleb Jay 2/1/2011 Fields CPA RFP Caleb Anna 2/1/2011 Work on colors for zoning map/GIS Barb Robin 2/1/2011 DT streets that are pedestrian friendly and accessible by multiple Caleb Ashley 2/1/2011 Tradional City Core Plan with destinctive destinations that encoura Brian Anna 2/1/2011 Extend the multiple-use pathway into the heart of DT Caleb Jay 2/1/2011 Develop different design standards for districts to encourage a styl Bill Pete 2/1/2011 Identify appropriate locations and styles for signs directing visitors t Bill Pete 2/1/2011 Master agreement with ACHD giving joint decision making in DT: d Caleb Ted 2/1/2011 Assign one staff to assist in CZCs for PW Anna Pete 2/1/2011 Consider liaison to all departments Anna Pete 2/1/2011 Consider flexibile standards for infill projects that contribute to a vi Bill Anna 2/2/2011 DT vehicular transportation plan that coordinates with other plans Caleb Brian 2/15/2011 Evaluate CUP/TI requirements for DT; protecting life safey with fle Pete Scott 2/15/2011 Amend UDC to include streetlighting standards for Eagle Rd and d Sonya Bill 2/15/2011 Review proposals for Housing needs assessment and market anal Lori Caleb 2/15/2011 Transit service planning, including connections to local destination Caleb VRT 2/15/2011 SOP on updating the zoning map Barb Robin 2/15/2011 Social networking for comp plan amendments Caleb Luke 2/15/2011 Proactively prepare for Ten Mile squawking Pete Anna 2/15/2011 Start housing needs assessment study Lori Caleb 2/15/2011 Training session on CZCs for PW Pete Kristy 3/1/2011 UDC amend to allowances for education institutions and coordinat Kristy Anna ~~r*d y~~ove~m~er~d~~~~~$n^n^iuu^u^iuunuu^~uu^n^n^n^u^u^u^n^nnu~un^n^iunn~age~ot~ Date Action Item Lead Support 3/1/2011 UDC amends for connections to daycares Kristy Anna 3/1/2011 Devise a plan integrate a sports facility and supporting businesses Brian Anna 3/1/2011 Coordinate/assist in surety process and SOP Sonya Scott 3/1/2011 InDesign training Brian IT 3/1/2011 Discuss reimbursement issue with PW and develop tracking mech Anna Tom 3/1/2011 Ambassador II program materials Pete Bruce 3/1/2011 UDC amend to require parking areas include pedestrian pathways Bill Anna 3/1/2011 Comp plan 101 for upper level staff and CIP writers Pete Anna 3/1/2011 Require minimum community and natural open space set-asides i Bill Jay 3/1/2011 Development 102--TMSAP Pete Anna 3/1/2011 UDC amend to ensure parking lots are divided into smaller areas Bill Anna 3/1/2011 Amend UDC to include transit user improvements--benches, shelt Bill Anna 3/1/2011 UDC amend to require parking areas to be heavily landscaped wit Bill Anna 3/1/2011 Identify parcels that can be developed into parks in DT Anna Jay 3/15/2011 ROW control in DT Caleb Jay 3/15/2011 Comp Plan 102 inc TMSAP for Kristy & Barb Pete Anna 3/15/2011 On-line submittal? On-line payments? Kristy IT Rob 3/15/2011 State Highway Access amendments Anna Caleb 4/1/2011 Look into possibility of big CDBG project in Action Plan to accumul Lori Caleb 4/1/2011 Populate enterprise system (by hand) Kristy IT Rob 4/15/2011 Consider LaserFische in budget request Anna Charlie 4/15/2011 Transit and VRT route planning. Explore getting bus service Caleb VRT 4/15/2011 Distribute new Comp Plan Caleb Barb 4/15/2011 Budget FY2012 + 1/2 associate Anna Council 4/15/2011 Consider more InDesign licenses in budget request Anna Charlie 4/15/2011 Mentoring interns for BSU and Uofl Anna Crystal 4/15/2011 Street naming committee authority Anna Emily 5/1/2011 Informal Team Building Barb Anna ~r*c}aynl~o ^~m~er~~~~0~~aii^nni^iuu^uenn~^u~u^iien^u^iinuiini^n^ueiun^uni^n~iie~~age ~01~ Date Action Item Lead Support 5/1/2011 Reverie SOPS when Accela comes on line Kristy Pete 5/1/2011 Champion GIS before Council Anna IT Rob 5/1/2011 Incentives for parks in DT such as density increases Anna Jay 5/1/2011 Develop transition plan for construction period of Phase II Ashley Caleb 5/1/2011 Produce a guide that includes the application process, zoning and Brenda Anna 5/15/2011 Review findings and reccs from housing study and fold into Con PI Lori Caleb 5/15/2011 Tool to build roads in Ten Mile Specific Area Plan Anna Ted 5/15/2011 Make a poster from the Hungry Onion Brian Anna 5/15/2011 Identify view resources in South Meridian. Anna Pete 5/15/2011 Explore opportunities for increased collaboration with ACHD in pla Caleb Ashley 5/15/2011 Explore incentives for infill in DT: impact fees, hook up fees, loans, Anna Tom 5/15/2011 Coordinate efforts Planning & PW to develop timelines Brenda Anna 6/1/2011 Integrate department CIP plans into comp plan Caleb Brian 6/1/2011 Incentives for the adaptive reuse of existing structures within the d Pete Bill 6/1/2011 Fields CPA public participation strategy Caleb Brian 6/1/2011 Develop agricultural zone Anna Bill Nary 6/1/2011 Work with PW on wetlands Sonya Kyle 6/1/2011 SOB code amendment Emily Anna 6/1/2011 Washington and Main Plan with destinctive destinations that enco Brian Anna 6/1/2011 New goals and objectives into the Comprehensive Plan that specifi Caleb Brian 6/15/2011 GIS layers re: site selection IT Rob Anna 6/15/2011 UDC amend to consider maximum turf coverage to reduce water u Pete Anna 6/15/2011 Define specific areas for study in Comprehensive Plan consistent Caleb Brian 6/15/2011 Research additional industrial sites along rail Anna Pete 7/1/2011 Minimize impacts to housing from competing land uses through no Sonya Anna 7/1/2011 Require DT developers to ensure a portion of the residential units Lori Anna 7/15/2011 Sign code interactive pdf Kristy Brian 7/15/2011 Incentives for residential development within DT: impact fees, heig Lori Caleb ~~nc~ay~~t~ove~m~er a~,i~~~an^nwan^uanannuu^uni^nm^nau~uan^~u~un^nnun^nni^~~age ~ot~ Date Action Item Lead Support 7/15/2011 Impact Fess for Pathways Lighting, Landscaping, and Ped facilitie Ted Caleb 7/15/2011 SOP on vacation process to include PW more Sonya Scott 8/1/2011 Identify downtown properties for locating the performing arts cente Anna IT Rob 8/1/2011 Use CDBG to increase housing quality and affordability in DT Lori Caleb 8/1/2011 ITD protocol and SOP Caleb Tim 8/1/2011 Accessory structure pdf Kristy Brian 8/15/2011 Home occupations pdfs Kristy Brian 9/1/2011 Training with realty community on tools Anna Kristy 9/1/2011 Neighborhood Preservation Area Plan with destinctive destinations Brian Anna 9/1/2011 Fields CPA and Specific Plan--address LPG Caleb Brian 9/1/2011 Title I cleanups Emily Anna 9/1/2011 Daycare pdfs Brian Kristy 9/15/2011 Submitting a CZC/ Bldg permit pdf Brian Anna 9/15/2011 Look at accommodating cooing in UDC Sonya Anna 10/112011 Southwest Meridian Identity and Land Use Plan including Overland Caleb Pete 11/1/2011 Work with Mayor's office to add econ deve into Comp Plan and U Brenda Anna 11/1/2011 Parks code amendment Emily Anna 11/1/2011 Integrate consolidated plan into comp plan Lori Caleb 11/15/2011 Develop GIS skills in office Barb IT Rob 12/1/2011 Encourage additional housing, retail, office, industrial, and mixed-u Anna Brian 12/1/2011 TOD/Cultural District Plan with destinctive destinations that encour Brian Anna 12/1/2011 Plan for multi-modal facility and supporting user facilities Caleb VRT 12/1/2011 Fields CPA Implementation tools Anna Ted 12/1/2011 Downtown pecha kachas for district plans Brian Anna 1/1/2012 MDC and COM to develop affordable housing if private developme Lori Ashley 1/1/2012 Southern Gateway Ptan with destinctive destinations that encourag Brian Anna 1/1/2012 CDBG consolidated plan Lori Caleb 3/1/2012 Northern Gateway Plan with destinctive destinations that encourag Brian Anna ~~r*~ay~~oVe~m~er ~~~~~~ann~~u^neunienennimei~ni^n^u^n^uan^iu~uu^iun^n^i~an^~~age ~o~ Date Action Item Lead Support 3/1/2012 Design and engineer the adopted East 3rd Street extension as a " Ashley Caleb 4/15/2012 Adopt themes for DT district that includes signage, street furnishin Bill Pete ~r*c~ay~~l~oVem~er a~~~~~annienen^u^na~un^n^aene~i^nau^ua~une~i^u^uenen^nn~^ne~~age ~ot~ Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: gp PROJECT NUMBER: ITEM TITLE: Public Works Department: Ten Mile Road/Franklin Road to Cherry Lane Project Close Out MEETING NOTES Jah r boy d CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO SENT TO NOTES INITIALS AGENCY APPLICANT ~~i~E IDIAN~- PL1bI1C IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II Project Manager DATE: November 3, 2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TEN MILE -FRANKLIN TO CHERRY PROJECT -CLOSE OUT I. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II (Project Manager) 489-0364 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, Engineering Manager 489-0350 Tom Barry, Public Works Director 489-0372 II. DESCRIPTION A. Back ound This project was done in conjunction with the ACHD widening and rebuild of Ten Mile Road from South of Franklin Road to South of Cherry Lane. The General Contractor was Nampa Paving and Asphalt and the Piping Contractor was Brown Construction. It included the following installations of City of Meridian utilities: Reclaimed Water Facilities • 16" reclaimed water pipeline in Ten Mile Road, from Franklin Road to South of Cherry Lane. • 12" reclaimed water pipeline South, West and East of the Franklin Road/Ten Mile Road intersection. o The 12" reclaimed water pipeline installed to the south connects to a 12" pipeline installed as part of the Ten Mile Interchange Project. This will allow the Interchange landscaping to be watered with Class "A" reclaimed water once the connection is made to the reclaimed booster station at the Wastewater Treatment Plant. That connection is scheduled to be completed in the late spring/early summer of 2012. • 12" reclaimed water pipeline -West and East of the Ten Mile Road /Pine Street intersection to allow extension of the reclaimed water mains in the future. Page 1 of 3 Wastewater Facilities • 18" trunk sewer main to the East of the Ten Mile Road /Franklin Road intersection which, once extended as part of the Franklin Road project (scheduled for 2012), will provide service to those properties North and South of Franklin Road. These properties currently have no sewer service available. Domestic Water Facilities • Fire hydrants, extension of existing facilities to accommodate the increased ROW width, property services and extensions for future facilities (Pine Street West) were installed. III. IMPACT A. Strate is Im acct: This project met our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. This activity aligned with our department's vision of a water management district to recycle and redistribute Class "A" reclaimed water. This project has completed approximately half of the pipeline required to serve the Ten Mile Interchange area with Class "A" reclaimed water. B. Service/Deliver~pact: This project saved money for the Public Works Department by implementing the construction of our utilities into ACHD projects. The savings came from working under ACHD's Storm Water Pollution Prevention Plan, using the ACHD traffic control and allow installation of our facilities without having to pay for items such as pavement and striping restoration. C. Project Costs: Design -Original Budget to Actual Cost Original Budget (2009 / 2010) $76,445.00 Actual Cost -Original Agreement $46,994.00 Change Orders (2) 14 051.00 Actual Cost -Total Design, Construction Assistance & Staking Fees $61,045.00 Difference Budget to Actual (Dollars) -Over/(Under) ($15,400.00) Difference Budget to Actual (Percent) -Over/(Under) (20.145%) Page 2 of 3 Construction -Cost Comparison Budget to Actual Cost - Original Contract to Actual Cost Budget (From Forecast Tables) - 2010 $725,000.00 Approved Proiect Amount - Original Contract Base Bid -Original Contract $580,873.40 Additive Alternate #1 18 393.19 Total Meridian Contract $599,266.59 Contingency - 10% of Meridian's Bid amount 59 926.66 Sub -Total Meridian Costs $659,193.25 ACRD Administration Cost $29,963.33 ACRD Traffic Control Cost $28.879.40 Original Project Amount -Approved $718, 035.98 Final Contract Cost Base Bid -Includes Increases /Decreases in Planned Quantities $546,607.14 Additive Alternate #1 6 436.37 Sub-Total Meridian Contract $553, 043.51 Additions to Contract Change Orders (ACHD #2 - #16) $38,172.00 ACHD Administration Cost (14.62% of ACHD Total) $26,249.73 Associated Share (14.62%) of Traffic Control Cost $33.279.84 Total Additions to Contract $97, 701.57 Total Meridian Contract =Sub-Total Meridian Contract + Total Additions $650,745.08 Credits to Project -Property Owner Service Reimbursements ($26,379.54) FINAL Actual Project Cost - (Sub -Total Meridian Contract -Credits) $624,365.54 Variance -Budget to Approved (Dollars) -Over/(Under) ($6,964.02) Variance -Budget to Approved (Percent) -Over/(Under) (0.961%) Variance -Approved to Final (in Dollars) -Over/(Under) ($93,670.44) Variance -Approved to Final (in Percent) -Over/(iJnder) (13.045%) Approved for Council Agenda: ~ ~~~-~~ ~ ~ ~ ~3 ~I 6 Dols Approved for Council Agenda: arren PE, Asst. City Engineer Date PE, Engineering Manager Page 3 of 3 0 Meridian City Council Meeting DATE: November 9, 2010 ITEM NUMBER: 9E PROJECT NUMBER: ITEM TITLE: Police Department Report: Discussion Regarding Revisions to the Animal Control Code MEETING NOTES Cc.` ~~s~-~rr2~ch~n~ J 1 ~-~ aid ~ ~~ce ~-e~i ~ ~a ~ CLERKS OFFICE FINAL ACTION SENT TO SENT TO DATE: E-MAILED TO STAFF AGENCY APPLICANT NOTES INITIALS DR~1 FT CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA 11-9-10 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING CHAPTER 2, TITLE 6 OF THE MERIDIAN CITY CODE, RELATING TO ANIMAL CONTROL, INCLUDING DEFINITIONS; ANIMAL CONTROL OFFICER; CITY DOG POUND; CITY OF MERIDIAN DOG LICENSE; IMPOUNDMENT, RECLAMATION, AND RELINQUISHMENT OF DOGS; DECLARATION OF ABANDONMENT; DECLARATION OF VICIOUS DOG; REQUIREMENTS FOR VICIOUS DOGS; LIVESTOCK PROHIBITED; PROHIBITED ACTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the public health, safety, and welfare to establish regulations regarding animal control; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 6, Chapter 2 of the Meridian City Code is hereby repealed, and shall be replaced with language to read as follows: Title 6, Chapter 2: Animal Control 6-2-1: DEFINITIONS: As used in this chapter, the following terms shall be defined as in this section provided: A. 7-IN-1 VACCINE: An injection that vaccinates against distemper, parvovirus, parainfluenza, adeovirus, leptospira I, leptospira II, and coronavirus. B. ABANDONED ANIMAL: An animal that is impounded in accordance with the provisions of this chapter, and is: a. Suffering from serious injury, rabies, or other serious disease; b. Not wearing a legible license when it is impounded; c. Voluntarily relinquished by its owner; or d. Not reclaimed by its registered owner after five (5) working days of such impoundment, except that such time shall be tolled where the dog owner appeals a declaration that the dog is a vicious dog. C. ANIMAL: Any member of the animal kingdom, except members of the human race. D. CITY DOG POUND: The primary location at which dogs shall be impounded in accordance with the provisions of this chapter, as designated by the Chief of Police. PAGE 1 OF 13 DR~I FT 11-9-)0 E. CRUELTY TO ANIMALS: The intentional and malicious infliction of pain, physical suffering, injury or death upon an animal, including, but not limited to: 1. Depriving of or failing to provide an animal with adequate food, water, shelter, and/or essential veterinary care. 2. Leaving an animal in one's possession, custody, control, or care unattended for more than thirty-six (36) hours. 3. Maliciously or cruelly killing, maiming, wounding, beating, mutilating, torturing, tormenting, overworking, or otherwise abusing any animal. 4. Allowing, arranging, or instigating a fight between two animals. 5. Making accessible to any animal, by any means, with intent to cause harm or death, any substance that is poisonous, or that has, in any manner, been treated or prepared with any harmful or poisonous substance, except that this definition shall not include the lawful use of poisonous substances for the control of rodents and/or insects in furtherance of the public health; nor shall this definition include the lawful use of poisonous substances by a veterinarian or animal control officer for the purposes of euthanizing an animal. F. DOG: Any male or female member of the canine family. G. IMPOUND: To deliver a seized animal to the City dog pound. H. LIVESTOCK: Domesticated animals, traditionally kept for use or profit, which are housed outdoors and/or in outdoor enclosures such aspens, barns, barnyards, pastures, corrals, coops, sties, .stables, or paddock areas. Livestock shall include, but is not limited to: horses, donkeys, mules, cattle, llamas, alpacas, swine, sheep, goats, xabbits, poultry, and/or domesticated birds, except that this definition shall not include chicken hens. I. OWN: to be the owner thereof; or to keep, harbor, or possess; or to accept or maintain custody, control, or care thereof. J. OWNER: Any person owning, keeping, harboring, or possessing an animal, or accepting or maintaining custody, control, or care of an animal. K. SEIZE: To take custody of an animal. L. VETERINARIAN: A doctor licensed to practice veterinary medicine in the state of Idaho. M. VICIOUS DOG: 1. Any dog whose behavior or actions fall within one or more of the following shall be declared a vicious dog: a. Any dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack, which placed a reasonable fear in such a person that such violence was imminent, upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog; or b. Any dog which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog; or PAGE 2 OF 13 DR~1 FT 11-9-10 c. Any dog with a prior history or documented incidents of attack orbiting of persons or other animals, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of persons or other domestic animals; or d. Any dog owned or harbored primarily or in part for the purpose of fighting or attacking people or any dog trained for fighting or attacking of persons. 2. Notwithstanding this definition of a vicious dog: a. No dog maybe declared vicious if an injury or damage is sustained by a person who, at the time that such injury or damage was sustained: (1) was committing a wilful trespass or other crime or tort upon the premises occupied by the owner of the dog (this does not require the owner to be present at the time of the unlawful trespass or other crime); or (2) was teasing, tormenting, abusing or assaulting the dog; or (3) Was committing or attempting to commit a crime. b. No dog may be declared vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. c. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or retired, maybe declared vicious if the action that would be so defined by this definition, took place while the dog was acting within its capacity for law enforcement purposes. 6-2-2: ANIMAL CONTROL OFFICER; CITY DOG POUND: A. Animal control officer. The Chief of Police shall appoint one or more Animal Control Officer(s) who shall, under the direction of the Chief of Police, have the authority to enforce the provisions of this chapter. The duties of the Animal Control Officer shall include: 1. Seizure and impoundment of dogs that are at large a11d unattended in City limits. 2. Seizure and impoundment of dogs in accordance with the provisions of this chapter. 3. Removal and. proper disposal of the carcass of any dead animal found in any public place. 4. Declaration that a dog is abandoned; 5. Deciding whether an abandoned dog shall be euthanized or made available for adoption. 6. Declaration that a dog is vicious and the owner thereof must meet the requirements for a vicious dog as set forth in this chapter. B. City dog pound. The Chief of Police shall designate a City dog pound. Such dog pound shall provide adequate physical accommodations, materials, and staffing to provide basic housing, feeding, watering, vaccination, and supervision of dogs impounded therein. 6-2-3: CITY OF MERIDIAN DOG LICENSE: A. Dog license required. 1. Each dog owner living in or visiting Meridian for thirty (30) days or longer shall obtain a City of Meridian dog license for each dog that is owned by such person and that is more than six (6) months of age. 2. Application for a City of Meridian dog license shall be made to the City Clerk, Meridian Police Department, or licensing designee duly authorized by the City as set forth in this chapter. Such application shall include the following: PAGE 3 of 13 DR~I FT 11-9-10 a. A completed application form, which form shall include the name, physical address, mailing address, and telephone number of dog owner and a description of dog to be licensed; b. A valid rabies vaccination certificate issued by a licensed veterinarian within the previous year for a dog that was less than one (1) year old when vaccinated; or within the previous three (3) years for a dog that was one (1) or more years old when vaccinated; c. A valid spay or neuter certification, if applicable; and d. Applicable dog license fee per fee schedule. Where the fee schedule provides for a lower license fee for a spayed or neutered dog, the City or its licensing designee shall allow the payment of the lower license fee only upon the dog owner's presentation of a certificate of neuter or spay issued by a veterinarian or by the Idaho Humane Society. License fees shall be waived for: (1) The owner of any dog used by a visually impaired, hearing impaired, or disabled person and used as a seeing eye dog, hearing ear dog, or service dog shall not be required to pay a license fee. The City or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of certification of the dog owner's visual or hearing impairment or disability by a licensed medical doctor. (2) The owner of any dog in training to serve as a seeing eye dog, hearing ear dog, or guide dog shall not be required to pay a license fee. The City or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of proof that such dog is in training for such purpose. (3) Any dog owned by a public entity or public agency. 3. The City Clerk, Meridian Police Department, or licensing designee shall issue a dog license tag within two (2) working days of receipt of complete application materials and fees. B. Annual licensing required. All City of Meridian dog licenses shall be valid only in the calendar year issued and shall expire December 31 of that year. C. Lost dog license tag. The City or its licensing designee shall reissue a lost dog license tag upon payment of lost dog tag fee as set forth in fee schedule and verification that the license tag sought to be replaced is a current and valid City of Meridian dog license, which verification shall be made by reference to the official log(s) of the City or its licensing designee(s). D. Dog licensing designees. In order to facilitate the licensing of dogs within the City of Meridian, the City may enter into agreements with the Idaho Humane Society, veterinarians, or vendors of pet products doing business within the City of Meridian authorizing such licensing designee to issue City of Meridian dog licenses on behalf of the City, except that no licensing designee shall be authorized to issue vicious dog licenses. 6-2-4: IMPOUNDMENT, RECLAMATION, AND RELINQUISHMENT OF DOGS: PAGE 4 OF 13 DR~1 FT 11-9-10 A. Vaccination of impounded dogs. Upon impoundment of a seized dog, the Animal Control Officer shall administer to such dog a 7-in-1 vaccination. B. Notice of impoundment. Within two (2) working days of seizing a dog wearing a legible dog license, the Animal Control Officer shall serve or mail to the dog's owner at the licensed address written notification that such dog has been impounded. Such notice of impoundment shall contain the following information: 1. Date and location of the dog's seizure; 2. Date and location of the dog's impoundment; 3. Hours and location at which the owner may reclaim ownership and take custody of such dog; 4. Fees that must be paid prior to reclaiming ownership and taking custody of such dog; 5. Notification that the Animal Control Officer shall declare such dog abandoned if not reclaimed within five (5) working days of its impoundment; 6. The date upon which such dog shall be declared abandoned if dog owner fails to reclaim and take custody prior thereto; and 7. Notification that upon declaration of abandonment, such dog shall be euthanized or made available for adoption. C. Reclamation of impounded dog. The owner of a dog that has been impounded may reclaim such dog by accomplishing the following within five (5) working days of such dog's impoundment: 1. Personally appearing at the location of such impoundment; 2. Paying in full all applicable fees per City fee schedule, including, but not limited to: 7-in- 1 vaccination fee, impound fee, and/or daily boarding fee; 3. Paying in full all costs incurred by City to provide basic veterinary care to the impounded dog, upon presentation of an invoice for same; 4. Submitting complete application materials and fee for a City of Meridian dog license for such dog if the dog is not then licensed and the dog owner is a resident of Meridian; and 5. Taking physical .custody of such dog. D. Relinquishment of living or dead dog. An Animal Control Officer shall, upon a dog owner's request and payment of fee established by fee schedule, take possession of any dog, living or dead, that is owned by such person. The Animal Control Officer may require proof of ownership before taking possession of a voluntarily relinquished dog. When a dead dog is voluntarily relinquished to an Animal Control Officer, the Animal Control Officer shall dispose of the dog. 6-2-5: DECLARATION OF ABANDONMENT: A. Declaration of abandonment. Animal Control Officers are authorized to declare that a dog is abandoned where such dog meets the definition thereof as set forth in this chapter. B. Effect of declaration of abandonment. Upon the Animal Control Officer's declaration that a dog is abandoned, such dog maybe euthanized or made available for adoption by any person. The decision to euthanize a dog or to make a dog available for adoption shall be PAGE 5 OF 13 DRAFT 11-9-10 made in the sole discretion of the chief of police or designee based on factors including, but not limited to, the health, disposition, behavior, and/or adoptability of the dog. 6-2-6: DECLARATION OF VICIOUS DOG: A. Declaration of vicious dog. The Animal Control Officer is authorized to declare that a dog is vicious where such dog meets the definition thereof as set forth in this chapter. Upon declaration that a dog is vicious, the Animal Control Officer is authorized to seize and impound such dog until the owner thereof obtains a vicious dog license and reclaims the dog pursuant to the procedures set forth in this chapter. B. Notice of declaration of vicious dog. Within two (2) working days of declaring a dog to be vicious, the Animal Control Officer shall serve or mail to the dog's owner at the licensed address written notification that such dog has been declared vicious. Such notice of declaration shall contain the following information: 1. Date of such declaration; 2. Facts supporting such declaration; 3. Notification of licensing requirements for vicious dogs; 4. Notification of fees that must be paid prior to reclaiming ownership and taking custody of such dog; 5. Notice of the right to appeal such decision as set forth in this section and notice that the dog owner shall be responsible for all costs of boarding the dog during such appeal; 6. Date and location of the dog's seizure; 8. Date and location of the dog's impoundment; 9. Hours and location at which the owner may reclaim ownership and take custody of such dog after obtaining a vicious dog license; 10. Fees that must be paid prior to reclaiming ownership and taking custody of such dog; 11. Notification that the Animal Control Officer shall declare such dog abandoned if not reclaimed within five (5) working days of its impoundment; 12. The date upon which such dog shall bedeclared abandoned if dog owner fails to reclaim and take custody prior thereto; and 13. Notification that upon declaration of abandonment, such dog shall be euthanized or made available for adoption. C. Appeal to Chief of Police. Appeal of the Animal Control Officer's declaration that a dog is vicious may be-.made by the dog's owner. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the Chief of Police via U.S. Mail within five (5) working days of impoundment. Upon receipt of such written appeal, the Chief of Police shall notify the animal shelter and the dog pound that the time for declaring such impounded dog abandoned should be tolled until final decision, and shall schedule a hearing within seven (7) working days of the receipt of the appeal. At the scheduled hearing, the Chief of Police or designee shall review the decision of the Animal Control Officer to declare the dog vicious. The hearing shall be informal and no rules of evidence shall apply. The dog owner shall be allowed to present any reasonable evidence to show cause for reversal of the Animal Control Officer's decision. The chief or designee may establish procedures and time limits for the hearing, but shall hear all reasonable evidence, and upon conclusion thereof PAGE 6 OF 13 DRAFT 11-9-10 shall either affirm the decision of the Animal Control Officer that the dog is vicious, or reverse the decision. The chief or designee shall mail to the dog owner a brief written finding supporting his or her decision, including notice of the right to appeal such decision as set forth in this section, within three (3) working days following the hearing. If the chief or designee affirms the decision of the Animal Control Officer, the dog owner may obtain a vicious dog license and reclaim the dog as established in this chapter. If not appealed, the decision of the chief or designee shall be final eight (8) working days following the hearing before the Chief or designee. If the chief or designee reverses the decision of the Animal Control Officer, the dog owner shall not be required to obtain a vicious dog license, but shall be responsible for all fees related to impoundment and reclamation of the dog. D. Appeal to City Council. Appeal of the Chief s or Designee's affirmation of the Animal Control Officer's decision that a dog is vicious may be made by the dog's owner. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within seven (7) working days the hearing before the Chief or designee. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within fourteen (14) days. City Council shall conduct a de novo review and may establish procedures and time limits for such hearing. Following such hearing, City Council either affirm or reverse the Chief s or designee's decision. If City Council affirms the decision of the chief or designee, the dog owner may obtain a vicious dog license and reclaim the dog as established in this chapter. If City Council reverses the decision of the chief ar designee, the dog owner shall not be required to obtain a vicious dog license, but shall he responsible for all fees related to impoundment and reclamation of the dog. The City Council's decision on such appeal shall be a final decision. 6-2-7: REQUIREMENTS FOR VICIOUS DOGS: A. Vicious dog license. Any person owning a vicious dog shall obtain, and cause such dog to wear at all times, a City of Meridian vicious dog license. Application for a City of Meridian vicious dog license shall be made to the City Clerk, Meridian Police Department, or licensing designee duly authorized by the City as set forth in this chapter. Such application shall include the following: 1. A completed application form, which form shall include the name, physical address, mailing address, and telephone number of dog owner and a description of the dog to be licensed. 2. A valid rabies vaccination certificate issued by a licensed veterinarian within the previous year for a dog that was less than one (1) year old when vaccinated; or within the previous three (3) years for a dog that was one (1) or more years old when vaccinated. 3. Vicious dog license fee per fee schedule. 4. Proof of liability insurance in a single incident amount of five hundred thousand dollars ($500,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any person which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days' written notice is first provided to the City Clerk. PAGE 7 OF 13 DR~1 FT 1 J-9-10 5. Two (2) color photographs of the dog, showing clearly the size and markings of the animal. B. Visible tag. It shall be unlawful for any owner of a vicious dog to fail to cause such vicious dog to wear, at all times, a durable, secure collar bearing a valid City of Meridian vicious dog license tag, whether or not such dog is on premises owned or lawfully possessed by such person. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. C. Leash and muzzle required. It shall be unlawful for any owner of a vicious dog to allow or permit such dog to be or remain beyond the premises owned or lawfully possessed by such person unless such dog is securely controlled by a leash not exceeding six feet (6') in length and a muzzle. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. D. Confined to premises. It shall be unlawful for any owner of a vicious dog to fail to securely confine such dog to the premises owned or lawfully possessed by such person. A vicious dog shall be securely confined only where it is indoors with no access to the outside, or in a securely enclosed or locked pen or structure. with secure sides and top and where the sides are secured to the bottom or embedded in the ground no less than two feet (2'). A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. 6-2-8: LIVESTOCK PROHIBITED: It shall be unlawful to own, keep, harbor, possess, accept, or maintain custody, control, or care of livestock at or upon private property within the City of Meridian, unless: A. Such livestock is owned, kept, harbored, possessed, or accepted, or custody, control, or care is maintained, pursuant to a validly executed development agreement; or B. The person owning, keeping, harboring, possessing, accepting, or maintaining custody, control or care of such livestock provides conclusive evidence that the selfsame animal was kept, harbored, or possessed at or upon the selfsame residence, establishment, parcel, or property prior to January 1, 2011. The owner of such animal shall bear the burden of proving that this exception' applies. This exception shall not apply where: 1. Such animal is kept, harbored, or maintained in such a manner or in such numbers as to constitute a danger to human health, safety, life, or property. 2. Owning, keeping, harboring, possessing, accepting, or maintaining custody, control, or care of such animal at such residence, establishment, parcel, or property violates any other law. 3. An animal subject to such exception dies. 4. Ownership of such residence, establishment, parcel, or property changes. PAGE 8 OF 13 DR.~FT 11-9-10 5. The use of such residence, establishment, parcel, or property changes. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. 6-2-9: PROHIBITED ACTS: A. Animal attacking or biting. Any owner of an animal which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the biting animal, shall be guilty of a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any animal found in violation of this section. Where an animal seized pursuant. to this provision shows any symptom of rabies or has not been vaccinated for rabies, the Animal Control Officer shall deliver the biting animal to the Idaho Humane Society or to a licensed veterinarian for examination for rabies, and all related costs of such examination shall be paid by the dog owner upon demand from City. Such examination may include, at the discretion of the Idaho Humane Society or veterinarian to whom the biting animal.. is surrendered, a period of quarantine, confinement, and/or impoundment. If such biting animal is determined to be free of rabies, the animal shall be returned to the owner upon payment to the Idaho Humane Society or licensed veterinarian who examined such animal of all related fees and/or costs. If such biting animal is determined to be afflicted with rabies, the biting animal shall be euthanized according to the provisions of this chapter. B. Barking dog. It shall be unlawful for any dag owner to permit a dog owned by such person to bark, howl or otherwise create a disturbance. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. C. Cruelty to animals. It shall be unlawful for any person to commit cruelty to animals. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any animal found in violation of this section. D. Damage to property. It shall be unlawful for any person owning any animal to cause or allow such animal to damage private or public property without the consent of the property's owner. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. E. Dog at large in public place. It shall be unlawful for any dog owner to allow or cause any dog owned by such person to be or remain in any public place, unless such dog is controlled by a leash not exceeding six feet (6') in length. A person's first violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00) plus court costs. A person's second violation of this section shall constitute an infraction punishable by a fine of fifty dollars ($50.00) plus court costs. A person's third violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety PAGE 9 OF 13 DR~1 FT 11-9-10 (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. F. Dog at large on private premises. It shall be unlawful for any dog owner to allow or cause such dog to be or remain upon any private premises without the consent of the person in possession of such premises. A person's first violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00) plus court costs. A person's second violation of this section shall constitute an infraction punishable by a fine of fifty dollars ($50.00) plus court costs. A person's third violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. G. Dog rushing. It shall be unlawful for any owner of a dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, any public grounds or places, or private property not owned or p©ssessed by the owner of the dog. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. H. Failure to display dog license tag. It shall be unlawful for any dog owner to fail to cause any licensed dog owned by such person to wear, at all times, a durable, secure collar bearing a valid City of Meridian dog license tag. Production of proof that such dog is licensed shall be an affirmative defense to a charge of violation of this section. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00) plus court costs. I. Failure to license dog. It shall be unlawful for any dog owner to fail to obtain a City of Meridian dog license for any dog owned by such person. It shall be an affirmative defense to a charge of violation of this section that such dog is six (6) months of age or younger. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A person's first violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00) plus court costs. A person's second violation of this section shall constitute an infraction punishable by a fine of fifty dollars ($50.00) plus court costs. A person's third violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. J. Failure to update dog owner contact information. It shall be unlawful for any dog owner to fail to provide to the City Clerk's Office updated contact information. where there is a change in such dog owner's physical address, mailing address, and/or telephone number registered with any City of Meridian dog license. A violation of this section shall constitute an infraction punishable by a fine often dollars ($10.00) plus court costs. K. Female dog in heat. It shall be unlawful for any owner of a female dog in heat to fail to enclose such female dog in such a manner as to preclude other dogs from attacking or being PAGE 10 OF 13 DR~1 FT 11-9-10 attracted to such female dog. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. L. Fraudulent display of dog license tag. It shall be unlawful for any dog owner to fail to cause or allow any dog owned by such person to wear a dog license tag issued for another dog, or to wear any imitation of a City of Meridian dog license tag. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. M. Harboring excess dogs. It shall be unlawful for any person to own; keep, harbor, possess, accept, or maintain custody, control, or care of; or license more than three (3) dogs at any single residence, property, or premises. It shall be an affirmative defense to a charge of violation of this section that such dogs comprise a single litter of puppies under six (6) months of age that is kept at a single location with the mother dog. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. N. Harboring rabid animal. It shall be unlawful for any person to own, keep, harbor, possess, accept, or maintain custody, control, or care of any animal afflicted with rabies. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any animal found in violation of this section. O. Improper disposal of dead animals. It shall be unlawful for any person to place or leave any dead animal on public or private property, including premises lawfully owned or possessed by such person. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. P. Interference with Animal Control Officer. It shall be unlawful for any person to hinder or interfere with in any manner an Animal Control Officer who is enforcing any of the provisions of this chapter. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. Q. Removal of dog feces. It shall be unlawful for any person to fail to promptly remove and dispose of, in a sanitary manner, any and all feces left by a dog owned or being handled by such person on property, public or private, other than the premises of the owner or handler of such dog. A violation. of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00) plus court costs. R. Unlawful reclamation of impounded animal. It shall be unlawful for any person to recover or attempt to recover possession of any impounded animal, in any manner contrary to City policy or the provisions of this chapter. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. PAGE 11 OF 13 DR~I FT 6-2-10: SEVERABILITY: 11-9-10 If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect. 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. 2010. 2010. PASSED by the City Council of the City of Meridian, Idaho, this APPROVED by the Mayor of the City of Meridian, Idaho, this APPROVED: day of November, day of November, Tammy de Weerd Mayor ATTEST: Jaycee Holman City Clerk PAGE 12 OF 13 DR~1 FT NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10- PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY ANIMAL CONTROL ORDINANCE 11-9-10 An ordinance of the City of Meridian repealing and replacing Chapter 2, Title 6 of the Meridian City Code, relating to animal control, including definitions; animal control officer; city dog pound; City of Meridian dog license; impoundment, reclamation, and relinquishment of dogs; declaration of abandonment; declaration of vicious dog; requirements for vicious dogs; livestock; prohibited acts; providing 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 ADEQUACY OF SUMMARY OF ORDINANCE NO. 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 IYYeridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2010. William. L.M. Nary City Attorney PAGE 13 OF 13