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HomeMy WebLinkAbout2010 12-14E IDIAN.- ~~~:., CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, December 14, 2010 at 6:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Findings of Fact, Conclusions of Law for Approval: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C-C (Community Business) Zoning District B. Findings of Fact, Conclusions of Law for Approval: PP 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Preliminary Plat Approval of 5 Building Lots on 13.19 Acres C. Findings of Fact, Conclusions of Law for Approval: CUP 10- 011 Fast Eddy's Chevron Convenience Store by ST Investments Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Conditional Use Permit Approval of a Convenience Store, Fuel Sales Facility, Vehicle 1111Jashing Facility, Quick Lube and Drive Thru in a Proposed C- CZoning District D. Final Order for Approval: FP 10-009 Somerton Business Park Subdivision No. 1 by Overland 16, LLC Located on Southeast Meridian City Council Meeting Agenda -Tuesday, December 14, 2010 Page 1 of 4 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. Corner of E. Overland Road and S. Locust Grove Road Request: Final Plat Approval Consisting of Two (2) Commercial Building Lots on 3.9 Acres of Land E. Corrected Sanitary Sewer Main Easement with DBSI Tanana Valley, LLC for the Construction and Maintenance of the Victory Road Connector Trunk Sewer F. Service Agreement between the City of Meridian and St. Luke's Regional Medical Center, Ltd. for Wellness Services G. Real Estate Purchase and Sale Agreement Between the City of Meridian and Gemstar Properties for the Real Property Described as Lot 17, Block 01 of Tricia's Sub No. 4, Meridian, Ada County, Idaho H. Agreement for Independent Contractor Services with Pipeline Inspection Services for the FY2011 Manhole Retrofits Project for aNot-To-Exceed Amount of $120,000.00 I. Service and Scope of Work Agreement with Mercer Health & Benefits, LLC J. License Agreement with Nampa Meridian Irrigation District (NMID) for the Water Line Replacement at Northwest 4th Street to Carlton Avenue K. License Agreement with Nampa & Meridian Irrigation District to Cross the Kennedy Lateral with a Trunk Sewer Line for the Victory Road Sewer Connector Project 6. Community Items/Presentations A. Smoke-Free Parks Presentation by Meridian Parks and Recreation Department, Central District Health Department, and the Mayor's Youth Advisory Council B. Resolution No. Proposed # 10-759: Declaring City Parks Smoke Free Premises No Action Taken 7. Items Moved From Consent Agenda Meridian City Council Meeting Agenda -Tuesday, December 14, 2010 Page 2 of 4 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. 8. 9. Action Items A. Close Public Hearing/Comment Period for CDBG Program Year 2009 (PY2009) Consolidated Annual Performance and Evaluation Report (CAPER) B. Close Public Hearing/Comment Period: Substantial Amendment to the CDBG Program Year 2009 Action Plan C. Resolution No. 10-760: Adoption of the Community Development Block Grant (CDBG) Program Year 2009 Consolidated Annual Performance Evaluation Report (CAPER) Approved D. Resolution No. 10-761: Adopting Proposed Substantial Amendment to the Community Development Block Grant (CDBG) PY09 Action Plan Approved Department Reports A. Fire Department: Strategic Plan Update B. Public Works: Backflow Program Discussion Moved ahead of the Fire Department Strategic Plan Update C. Fire Department: Adoption of the 2009 International Fire Code D. Development Services Division: Adoption of the 2009 International Building Code, 2009 International Residential Code, 2009 International Energy Conservation Code, and updates to Plumbing, Mechanical, and Electrical Codes Vacated from agenda -Item moved to December 14, 2010 Special Meeting. E. Mayor's Office: Budget Amendment for Meridian's Promise Community Events for aNot-to-Exceed Amount of $5,000.00 Vacated from agenda -Item moved to December 14, 2010 Special Meeting, F. Planning Department: Budget Amendment to Convert Two Part Time Positions into One Full Time Position for aNot-to- Exceed Amount of $21,232.00 Vacated from agenda -Item moved to December 14, 2010 Special Meeting. Meridian City Council Meeting Agenda -Tuesday, December 14, 2010 Page 3 of 4 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. G. Police Department: Animal Control Ordinance Updates Vacated from agenda -Item moved to December 14, 2010 Special Meeting. H. Public Works Department: Strategic Plan Discussion Continued to December 28, 2010 I. Public Works Department: Materials Management/Recycling Grant Submission to the Department of Environmental Quality (DEQ) Vacated from agenda -Item moved to December 14, 2010 Special Meeting. J. Legal Department: Discussion on Changes to Standard Operating Procedure Number 6.2.1 -Use of City Vehicles Vacated from agenda -Item moved to December 14, 2010 Special Meeting. K. Legal Department: Discussion on the City of Meridian Mailroom Operations and Procedures Vacated from agenda - Item moved to December 14, 2010 Special Meeting. L. Legal Department: Draft Ordinance No.: A Draft Ordinance of the City of Meridian Repealing and Replacing Ordinance No. 1458; Providing for a New Chapter, Chapter 7, of Title 2 of the Meridian City Code Relating to the Establishment, Duties and Powers, Membership, Meetings, and Hearing Procedures of the Board of Adjustment Adjourned at 8:03 p.m. Meridian City Council Meeting Agenda -Tuesday, December 14, 2010 Page 4 of 4 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 ~ID~I~~~~A~~~~N,~,~-- CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, December 14, 2010 at 6:00 PM ~1. Roll-Call Attendance -David Zaremba _~ Brad Hoaglun -Charlie Rountree Keith Bird Mayor Tammy de Weerd ~ 2. Pledge of Allegiance ~y~e' ~3. Community Invocation by No invocation this evening -Workshop ~. Adoption of the Agenda ~~~ ~ ~~C~ 5. Consent Agenda (3t-f /~ A. Findings of Fact, Conclusions of Law for Approval: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C-C (Community Business) Zoning District B. Findings of Fact, Conclusions of Law for Approval: PP 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Preliminary Plat Approval of 5 Building Lots on 13.19 Acres C. Findings of Fact, Conclusions of Law for Approval: CUP 10- 011 Fast Eddy's Chevron Convenience Store by ST Investments Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Conditional Use Permit Approval of a Convenience Store, Fuel Sales Facility, Vehicle Washing Facility, Quick Lube and Drive Thru in a Proposed C- CZoning District D. Final Order for Approval: FP 10-009 Somerton Business Park Subdivision No. 1 by Overland 16, LLC Located on Southeast Meridian City Council Meeting Agenda -Tuesday, December 14, 2010 Page 1 of 4 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. Corner of E. Overland Road and S. Locust Grove Road Request: Final Plat Approval Consisting of Two (2) Commercial Building Lots on 3.9 Acres of Land E. Corrected Sanitary Sewer Main Easement with DBSI Tanana Valley, LLC for the Construction and Maintenance of the Victory Road Connector Trunk Sewer F. Service Agreement between the City of Meridian and St. Luke's ~ Regional Medical Center, Ltd. for Wellness Services G. Real Estate Purchase and Sale Agreement Between the City of Meridian and Gemstar Properties for the Real Property Described as Lot 17, Block 01 of Tricia's Sub No. 4, Meridian, Ada County, Idaho H. Agreement for Independent Contractor Services with Pipeline Inspection Services for the FY2011 Manhole Retrofits Project for aNot-To-Exceed Amount of $120,000.00 I. Service and Scope of Work Agreement with Mercer Health & Benefits, LLC J. License Agreement with Nampa Meridian Irrigation District (NMID) for the Water Line Replacement at Northwest 4th Street to Carlton Avenue K. License Agreement with Nampa & Meridian Irrigation District to Cross the Kennedy Lateral with a Trunk Sewer Line for the Victory Road Sewer Connector Project 6. Community Items/Presentations A. Smoke-Free Parks Presentation by Meridian Parks and Cam'; ~ Recreation Department, Central District Health Department, and the Ma or' Youth Advisory Council JUq~,ti,~ C`1•-~- B. Resolution No. Proposed # 10-759: Declaring City Parks Smoke Free Premises r1a ~M -~utu~--•--~ 7. Items Moved From Consent Agenda Meridian City Council Meeting Agenda -Tuesday, December 14, 2010 Page 2 of 4 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. 8. Action Items A. Close Public Hearing/Comment Period for CDBG Program Year C 2009 (PY2009) Consolidated Annual Performance and n~/ Evaluation Report (CAPER) ~gu, ~,,,-,~.~-~v~ C ~ " 1Y B. Close Public Hearing/Comment Period: Substantial Amendment to the CDBG Program Year 2009 Action Plan ,/fr. Resolution No. Proposed # 10-760: Adoption of the Community Development Block Grant (CDBG) Program Year 2009 Consolidated Annual P rf rmance Evaluation Report (CAPER) O~~`r~- CR~~~ ~D. Resolution No. Proposed # 10-761: Adopting Proposed Substantial Amendment to the Community Develo ment Block Grant (CDBG) PY09 Action Plan ,,,,~,,~~ ~-~~ G~,~ r _ 9. Department Reports A. Fire Department: Strategic Plan Update Qom' B. Public Works: Backflow Program Discussion Request for this item to be moved ahead of the Fire Department Strategic Plan Update ~, i etr. V~.a~ C. Fire Department: Adoption of the 2009 International Fire Code ~l /~ D. Development Services Division: Adoption of the 2009 International Building Code, 2009 International Residential Code, 2009 International Energy Conservation Code, and updates to Plumbing, Mechanical, and Electrical Codes Request to vacate from the agenda -Item moved to December 14, 2010 Special Meeting. E. Mayor's Office: Budget Amendment for Meridian's Promise Community Events for aNot-to-Exceed Amount of $5,000.00 Request to vacate from the agenda -Item moved to December 14, 2010 Special Meeting. F. Planning Department: Budget Amendment to Convert Two Part Time Positions into One Full Time Position for aNot-to- Meridian City Council Meeting Agenda -Tuesday, December 14, 2010 Page 3 of 4 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. Exceed Amount of $21,232.00 Request to vacate from the agenda -Item moved to December 14, 2010 Special Meeting. G. Police Department: Animal Control Ordinance Updates Request to vacate from the agenda -Item moved to December 14, 2010 Special Meeting. H. Public Works Department: Strategic Plan Discussion Request to Continue to the December 28, 2010 City Council Meeting. I. Public Works Department: Materials Management/Recycling Grant Submission to the Department of Environmental Quality (DEQ) Request to vacate from the agenda -Item moved to December 14, 2010 Special Meeting. J. Legal Department: Discussion on Changes to Standard Operating Procedure Number 6.2.1 -Use of City Vehicles Request to vacate from the agenda -Item moved to December 14, 2010 Special Meeting. K. Legal Department: Discussion on the City of Meridian Mailroom Operations and Procedures Request to vacate from the agenda -Item moved to December 14, 2010 Special Meeting. L. Legal Department: Draft Ordinance No.: A Draft Ordinance of the City of Meridian Repealing and Replacing Ordinance No. 1458; Providing for a New Chapter, Chapter 7, of Title 2 of the Meridian City Code Relating to the Establishment, Duties and Powers, Membership, Meetings, and Hearing Procedures of the Board o/f Adjustment ~~~ ~ ~~~ l l ~ y~/lov~.u.. ~Y) `P~ Lei. JA-~-- ~ - {~`~ ~- 3 -(I N -~ l~ ~~ ~' ' 03 ~ b - P ~„~ ~rYt L - ~,,.la~ V ,o ~~~~~~ ~~ _ .~~. ~~ Meridian City Council Meeting Agenda -Tuesday, December 14, 2010 Page 4 of 4 a -'~~- All materials presented at public meetings shall become property of the City of Meridian. ~'a~ ~`~.A. 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 December 14 2010 A Council meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, December 14, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Tom Barry, Mark Niemeyer, Joe Silva, Jeff Lavey, Rich Dees, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd de Weerd: Okay. I will go ahead and call this meeting to order. I would first like to start by welcoming all of you to our City Council meeting. For the record it is Tuesday, December 14th. It's 6:00 p.m. We will start tonight's meet with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance de Weerd: Item No. 2 is the Pledge of Allegiance and I will ask our three Mayor's Youth Advisory Council members to, please, step forward and lead us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation de Weerd: Thank you for leading us in the pledge. Okay. Item No. 3, we do not have someone from our faith community to lead us in the community invocation. Item 4: Adoption of the Agenda de Weerd: So, I will move to Item 4 with the notation that City Council did meet earlier this afternoon in a published meeting. We did take up a couple of the department reports, so if you're here on any of these department reports, Item 9-D, E, F, G, I, J, K, when we get to those if you would like to provide comment we will take that at that time, but other than that that will be limited to those public comments. Item No. 4 is adoption of the agenda. Hoaglun: Yes. On the adoption of the agenda, under Item 6-B, that resolution number is 10-759. Under Item 8, Action Items, 8-C is resolution number 10-760. And 8-D is Meridian City Council Workshop December 14, 2010 Page 2 of 44 resolution 10-761. Under Item 9, Department Reports, we would like to move 9-B in front of 9-A, so the backflow program discussion could occur first and, then, be followed by the fire department's strategic plan update. And as you noted 9-D, E and F have been vacated from tonight's schedule, as well as 9-G. 9-H there is a request to continue that to December 28th Council meeting. And 9-I, J and K have also been vacated due to our action this afternoon. So, with that, Madam Mayor, I move adoption of tonight's agenda. Rountree: Second. de Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Findings of Fact, Conclusions of Law for Approval: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C-C (Community Business) Zoning District B. Findings of Fact, Conclusions of Law for Approval: PP 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Preliminary Plat Approval of 5 Building Lots on 13.19 Acres C. Findings of Fact, Conclusions of Law for Approval: CUP 10- 011 Fast Eddy's Chevron Convenience Store by ST Investments Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Conditional Use Permit Approval of a Convenience Store, Fuel Sales Facility, Vehicle Washing Facility, Quick Lube and Drive Thru in a Proposed CC Zoning District D. Final Order for Approval: FP 10-009 Somerton Business Park Subdivision No. 1 by Overland 16, LLC Located on Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Final Plat Approval Consisting of Two (2) Commercial Building Lats on 3.9 Acres of Land E. Corrected Sanitary Sewer Main Easement with DBSI Tanana Valley, LLC for the Construction and Maintenance of the Victory Road Connector Trunk Sewer Meridian City Council Workshop December 14, 2010 Page 3 of 44 F. Service Agreement between the City of Meridian and St. Luke's Regional Medical Center, Ltd. for Wellness Services G. Real Estate Purchase and Sale Agreement Between the City of Meridian and Gemstar Properties for the Real Property Described as Lot 17, Block 01 of Tricia's Sub No. 4, Meridian, Ada County, Idaho H. Agreement for Independent Contractor Services with Pipeline Inspection Services for the FY2011 Manhole Retrofits Project for aNot-To-Exceed Amount of $120,000.00 I. Service and Scope of Work Agreement with Mercer Health & Benefits, LLC J. License Agreement with Nampa Meridian Irrigation District (NMID) for the Water Line Replacement at Northwest 4th Street to Carlton Avenue K. License Agreement with Nampa & Meridian Irrigation District to Cross the Kennedy Lateral with a Trunk Sewer Line for the Victory Road Sewer Connector Project de Weerd: Item 5, our Consent Agenda. Hoaglun: Madam Mayor, there are no additions or changes to our Consent Agenda. I move approval of the Consent Agenda. Rountree: Second. Hoaglun: And, Madam Mayor, to include Mayor to sign and Clerk to attest. de Weerd: Thank you. Rountree: Second agrees. de Weerd: I do have a motion to approve the Consent Agenda with the Mayor to sign and Clerk to attest. If there is no discussion, Madam Clerk, roll-call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations Meridian City Council Workshop December 14, 2010 Page 4 of 44 A. Smoke-Free Parks Presentation by Meridian Parks and Recreation Department, Central District Health Department, and the Mayor's Youth Advisory Council de Weerd: We are at Item No. 6, which is our Community Items /Presentations. The first one is Item 6-A under the Parks Department and I will turn this over to Director Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. This item is in regards to smoke free parks. We were before the Council previously in August to discuss this item. There was direction given to staff to go back and do some additional work on this. Work with the Commission, work with Central District Health, conduct some additional surveys and come up with a proposed solution given the feedback that we were given at the time. We are here tonight to present something to you along those regards. Since we met last in August we have worked with Joanne Graff at Central District Health. She's conducted additional surveys at several of our venues, including softball, and she will present to you here shortly what she's found there. We have also conducted the city-wide survey and I will show you some results from that here shortly. And Joanne went out and visited all our parks, looked for signage locations at each of them, met with parks staff, presented that to us. We, then, took information to the parks and recreation commission last month, had this presentation and discussion there, and the commission did pass a resolution recommending the smoke free park policies that we will present tonight to you. Can you hit the dot cam button for me? Podium dot cam. While we are getting up, over the past month or so we have been working on this statistically valid city-wide survey and Council has copies of this document, but I wanted to -- what we -- we might have -- we could have been before you a week or two ago, but we wanted to hold off until we had these results are new just in the last -- well, just this week and -- it doesn't want to zoom in for me. But these are the results of the city-wide survey and the question that was asked -- please tell us how much you agree or disagree that the City of Meridian should prohibit smoking in public parks. You can see that 49 percent are strongly agreed, another 13 percent agreed, for a total of about 62 percent in the agree category and, then, there were 17 percent in the strongly disagree and nine percent in the disagree category, for 26 percent who disagreed. We were able to do some stratification by areas of the city. The strongest disagreement came from downtown. The strongest agreement came from south Meridian residents. And Joanne, like I mentioned, has been conducting several other ad hoc surveys across the city at different venues. So, what I'd like to do now -- this is a general introduction -- is invite Joanne up, she has a presentation to make to the Council tonight regarding the work that she's done, some of her research and, then, we will present that recommendation -- our recommendation to you. Any questions at this point? de Weerd: Council, any questions? Rountree: I have none. Siddoway: Thank you. Meridian City Council Workshop December 14, 2010 Page 5 of 44 de Weerd: Thank you. If you will, please, state your name and address for the record. Graff: Yes. Good evening. I am Joanne Graff. And that's spelled J-o-a-n-n-e. Graff is G-r-a-f-f. And I work at Central District Health Department. De Weerd: Thank you. Graff: Thank you so much for the opportunity to speak with you this evening. We are revisiting the smoke free parks and just in review, why we desire for you to consider a smoke free park policy is that we know that smoke free parks -- or that parks promote healthy activities and that children model adult behaviors. Tobacco free policies are becoming the norm. We find them in hospitals, in schools, in recreational areas such Bogus Basin. At work sites. A majority of people are nonsmokers. Secondhand smoke can affect nonsmokers and it can cause disease and death. Cigarette butt litter is harmful and costly to clean up and the public is supportive of these policies. And I'd like you to remember that the majority of Idaho residents do not smoke. In fact, from the 2009 Behavioral Risk Factor Surveillance System, 16.3 percent of Idaho adults smoke and 14.5 percent of Idaho teens smoke. Secondhand smoke exposure, according to the 2006 U.S. Surgeon General's report there is no safe level of exposure and we know that infants, children, and older people are especially vulnerable. Last Thursday a new Surgeon General's report was released, which stated even occasional smoking or secondhand smoke causes immediate damage to the body and can lead to serious illness or death. Inhaling even the smallest amount of tobacco smoke can also damage DNA, which can lead to cancer. Outdoor tobacco smoke. During smoking outdoor smoke levels may be as high as indoor smoke levels and being upwind from a smoker does not eliminate the chemicals that are found in the air. Nationally there are over 470 municipalities which currently have smoke free park laws that cover the entire park areas. So, they are park wide. There are many others that cover certain areas. In Idaho -- this is an update in the packet of information you have. There is also an updated chart which compares the different policies in the state of Idaho. Policies are found in Melba, Payette, Twin Falls, which is a new addition, for all 33 of their parks. Victor and Wilder. Ordinances are found in Ammon, Emmett, Hayden, and Rexburg. And those municipalities currently considering parks include Boise, Cascade, Coeur d'Alene, Driggs, Idaho Falls, McCall and Moscow. And at the last presentation -- excuse me -- we talked about existing tobacco-free policies and whether they were working. Minnesota has a long history of tobacco free and a survey of their directors in 100 Minnesota cities and counties show that 90 percent would recommend a tobacco free policy to other communities. California currently has smoke free playgrounds, but over 100 cities strengthened that to a smoke free park wide. New York City currently has smoke free playgrounds, but on September 15th the mayor of New York announced that he is going to begin working on -- to expand that to park wide policy. Ammon's park-wide smoke free ordinance -- most people comply with that. In Rexburg their smoke free ordinance is 50 feet of designated areas and they have had no complaints or opposition. A majority of people comply. I decided to add a couple of additional municipalities that would be somewhere comparable to the demographics that we have. Meridian City Council Workshop December 14, 2010 Page 6 of 44 Tacoma, Washington, has a population over 203,000 people and they have 75 parks. They have a -- they have been park wide smoke free since August of 2009 and it actually began as a parks department resolution, but they changed it to a city ordinance so they could enforce it. And in speaking with a metro parks employee they said that most people are compliant with signage. The police liaison to their parks and rec never mentioned problems with enforcement. They have had few complaints. They did say the local media did try to stir up a lot of dissent when the policy first went into effect, but that was dropped fairly quickly. Communication was very important. So, these were their lessons learned. It's so important to inform the park staff and educate the park staff and also to educate the public. And they originally considered just a playground only, but then -- with designated smoking areas, but, then, they decided to support a total smoke free park policy to support the health concept. Salt Lake county in Utah has 70 parks and facilities serving four million yearly. They have had an ordinance since 2008. It's park-wide smoke free. But it does exclude parking lots, golf courses, and native American ceremonies. It's predominately self-enforcing. They do have occasional complaints about noncompliance and they also stress the importance of communicating with the staff what the expectations were, as well as with the public, strongly encouraging signage, not only with the main entrance signage, but also adding additional signage in those areas which are used -- where people tend to gather. Public support in Idaho. In a Department of Health and Welfare 2009 survey more than half of Idahoans supported smoke free outdoor areas, especially when children were present, and 68 percent of CDHD survey responses supported tobacco free parks. And if you will -- if you would like to thumb to the yellow paper that's in your packets, there is -- the data is shared on that information sheet and the flip side of that actually divides out the different venues and. the results and there was an 85 percent support of smoke free playground areas, 68 percent -- let me rephrase that. Tobacco free -- I actually surveyed tobacco free, which would include smokeless, as well as smoking. So, 68 percent responded in support of tobacco free parks and 85 percent responded in support of tobacco free playgrounds. South Central District Health Department and North Central District Health Department have also completed surveys and their rates range between 78 and 80 percent. The tobacco use supplement to the current population survey, which was conducted in 2006 and 2007 to over 167,000 people, showed that 79.2 percent supported smoking should not be allowed in outdoor children's playground and sport fields. So, you can see that there is public support for smoke free areas. Common concerns surrounding smoke free policy include the enforcement compliance issue, personal rights, discrimination and, then, what's next to be outlawed. And with enforcement and publicizing I have included a new sheet in your packet which gives suggestions, the importance of posting signage, that most people comply with the signage, and signage empowers people to enforce. And, then, letting staff and community members know in a variety of ways a lot of suggestions that are on that handout. And you probably remember me talking about the fact that there is no Constitutional right to smoke. Smokers are not a protected class, such as race or gender. It's not a violation of anti-discrimination laws to prohibit smoking, because smoking is a behavior, it's not a condition of birth, so it's not protected from discrimination. And, then, tobacco free kids have this great quote about, you know, what -- should we be concerned that you're going to start outlawing Twinkles. There Meridian City Council Workshop December 14, 2010 Page 7 of 44 really is strong, clear reasons to treat cigarettes and other tobacco products differently and more harshly than other products. Tobacco products are the only products that cause disease, disability, and death when they are used exactly as intended and directed. Some of the resources that are available from Central District is that I can provide contact information for tobacco control efforts in your community and this would include free tobacco cessation classes that are currently available, funded by the Idaho Tobacco Millennium Fund. I'm available to provide ongoing support throughout the process, helping with policy development, information from other cities and also helping with the education to the community. And we have the free metal signs for the parks. And I brought this example, which you're probably familiar with, you have probably seen it at hospitals and -- de Weerd: I'm sorry, you will need to speak in the microphone Graff: Okay. This -- thank you. And this sign is posted at Central District Health Department, because we have a tobacco free policy and it's also area hospitals and other areas that have adopted a tobacco free policy. And, then, I just brought two examples of the signage. So, this one with the tree pattern and, then, this one which shows the playground. And at this point I'd like to turn the presentation over to two of the Mayor's Youth Advisory Council members, Janelle de Weerd and Colton Granger. And while they are coming up preparing I wanted to share an informal petition that I gathered at the September 18th block party, which was held at Settlers Park and if you would like to come up and help. Okay. We decided to do a banner and -- J.de Weerd: This is the banner that they had signed at the block party. This is actually 27 feet of people who agree with banning smoking in parks and, then, this other banner that Colton and I will hold up is three feet who oppose it. Graff: And these additional 285 signatures are above and beyond the 750 surveys that I collected at the five different venues during the past several months. J.de Weerd: So, from the perspective -- de Weerd: I'm sorry. If you will, please, state your name and address. J.de Weerd: Janelle de Weerd, 2621 North Miranda Avenue. 83646. de Weerd: Thank you. J.de Weerd: Okay. Coming from the perspective of a youth, I feel that smoking in public places is inappropriate in most places, but when it's in a family park where children are, I feel like that's disrespectful and it's not only -- it's not setting a good image for those children who are playing in that park. There is also cigarette butts that are littered on the ground that toddlers or young kids can pick up and put in their mouth, because nothing really filters what they do put in their mouth, as well as keeping those unfinished cigarettes all over the place where teenagers can get them, if they are that Meridian City Council Workshop December 14, 2010 Page 8 of 44 desperate and it's just gross and unsanitary and the image that it's putting on children is not good. Granger: Colton Granger. That was a little loud. Well, anyways, I just -- de Weerd: Colton, if you will give your address as well. Granger: 1734 West Sugarcrest Street, Eagle, Idaho. de Weerd: Thank you. Granger: Just to expound on what Janelle was talking about earlier with the children, I think there is a lot to be said about the stigma that we have with smoking when it is directed at teens. As previously noted, children model their parents. Well, the same thing happens where teens model older teens and when you have young adults or older teens who look like they may be over 18 smoking in parks, behavior is thus able to be modeled down for the younger teens. And also another problem that was -- Janelle kind of presented was the fact that unfinished cigarettes are still cigarettes and the fact is that those are now on display for anyone who feels desperate to go pick them up and smoke them. And so the fact is that if a ban was set down on smoking cigarettes in these parks that that stigma would go away and that the opportunity that the younger teens would have to smoke cigarettes would also be taken away. I mean the fact is it's a family setting, so why does this need to happen? Thank you. de Weerd: Thank you. Council, do you have any questions? J.de Weerd: Thank you. de Weerd: Thank you Colton and Janelle. Siddoway: So, since the last meeting we wrestled a little with how -- how do we address this. You might remember that we met -- I was proposing at the time that we consider just limiting the smoke free policy to the active high traffic areas we were calling them. We did hear from the police department representative that were here that night with concerns about enforcing such policies if they were signed no smoking say 50 or 100 feet of playgrounds or concessions or bleachers and so as we have been working on this issue and trying to figure out how -- how do we address this, we like the Salt Lake county model of the park wide ban, but excluding the parking lots and that is our proposal tonight. We were also challenged by Councilman Rountree to find a way to use the existing ordinance, rather than coming up with something completely new. So, what we are proposing tonight would use the existing Meridian code that says that smoking is prohibited where signs disallow it. If the resolution is passed tonight it would direct staff to sign the parks as -- as smoke free, excluding those parking lots. In fact, we had two specific exclusions to propose tonight. One is the parking lots in all the parks and one is specifically the Harold Cox monument, which is the one right over here by old City Hall. With that Iwill -- I will stand for questions. Meridian City Council Workshop December 14, 2010 Page 9 of 44 de Weerd: Thank you, Steve. Council, questions? Hoaglun: Steve, real quick. Parks commission when they considered this, was unanimous if I recall correctly; is that right? Siddoway: Yes. It was unanimous. Hoaglun: Okay. Thank you. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Steve, on the excluded areas I think every one of our parks is adjacent to a public right of way and Ican't -- there is a couple that may not have public sidewalks in them adjacent to the public rights of way. I have a hard time with the concept that somebody walking down the sidewalk that happens to be in a public park could be in violation of the no smoking ordinance -- or no smoking resolution. So, to me that's -- that's kind of a -- that's not a gray area, it's black and white. They are in the parks, so it would be covered by this, but to me I think that's not right. It's a transportation corridor. Siddoway: And my understanding, Mayor and Councilman Rountree, is that those sidewalks that are along right of way that are not part of the park property are -- would not be smoke free, that they are part of the right of way, they are not part of the parks. Rountree: I think in some -- Madam Mayor. In some instances we have actually provided the sidewalk. Settlers is one example. I think the sidewalk down Ustick is in the park, it's in our property, yet it is the only sidewalk for the public to utilize on that stretch of roadway. This resolution would cover that, but the person walking down that may have no intention of utilizing the park, they are just getting from the C store to downtown or back without having to walk in traffic. So, to me that creates an issue. Hoaglun: Madam Mayor, I have a question for City Council -- or legal person here. Bill. If smoking is prohibited under the existing city code, smoking prohibited if signs disallow it, and those signs in that instance, it would be posted on the interior park -- part of the park at least on the other side you got the road, you have the sidewalk and, then, you have the sign. Does that get us anything? Is there any -- because you're outside of where the sign is posted walking down the sidewalk. Does that put us in the clear on that or not? Nary: Madam Mayor, Members of the Council, Ithink -- I mean I understand where Council Member Rountree is coming from and we probably have a few of those unique circumstances. I mean I think Steve's right, a majority of them the sidewalk's outside the park property itself. I don't know besides Settlers off the top of my head if there is others. I don't think there is, but I don't know that. There may be the necessity to -- for Meridian City Council Workshop December 14, 2010 Page 10 of 44 some of the signage in those unique circumstances to have a graphic on the sign to make it clear where the no smoking boundary is, because I would agree with Council Member Rountree, certainly if the sidewalk is just part of public's right of way there, but it was provided and it's on the city's property and it happens to be because Ustick is sort of unique, because ultimately it will become part of the normal right of way when the road gets widened and they finish that project at some point, but we just may need a graphic. Basically, our ordinance says anyplace the signs are posted where it's illegal to smoke, it's illegal. So, where ever we choose to post them and we -- if we -- in some of the areas that are more unusual like this one, we can do that. Otherwise, in other ones -- for example, Chateau Park's by my house. There is a -- there is a sidewalk immediately adjacent to it. The signage will be interior to the park. It will be much more identifiable as to where that is. But those unique spaces -- I think just simply a graphic is able to represent where that is and that's certainly sufficient under our ordinance to distinguish between where it's -- where you're able to and where you're not. Siddoway: Madam Mayor? de Weerd: Mr. Siddoway. Siddoway: I would just offer that -- and we have already proposed a couple of exclusions and if the -- I don't know how the whole Council is leaning, but if the Council were to feel to direct us to have additional exclusions, we could certainly make that part of what we do. We will just exclude it where you don't want it. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Steve, how come -- how come we just went to the smoke and we didn't go tobacco free? Because there is nothing worse than chew being spit all over. Siddoway: The only reason, Councilman Bird, is because we were using the city's existing no smoking ordinance, that -- and that's what it addresses. We decided to keep it similar to what we currently have at City Hall and the police station campus as well, and just model it after what the city's already done. de Weerd: Any other questions from Council at this time? Well, there might be members of the public who would like to provide comment on this item. Is there anyone who would like to provide testimony? Yes. Good evening. If you will, please, state your name and address for the record. Hoffman: My name is Ivan Hoffman. I live at 7220 North Linder Road, Meridian. de Weerd: Thank you. Meridian City Council Workshop December 14, 2010 Page 11 of 44 Hoffman: I had my first cigarette when I was four years old. I had my last cigarette when I was ten years old. I got my first cigarette from my uncle. And the reason I stopped smoking was a spiritual experience. I have worked in an space for three and a half years that everyone was smokers except me. The smoking dropped 75 percent the day that I took in a gas mask and wore it. The greatest pressure for teens to begin smoking is peer pressure, it is not watching somebody else do it. My mother has CDP. My sister has CDP. My brother has health problems. They did not start smoking by watching somebody else in a park start smoking. They did it because their friends were smoking. I don't like to smoke. And, like I said, I had my last smoke when I was about ten years old. But clearly for people to stop smoking it is a parent's responsibility. Parents are abrogating their responsibility to the government in this instance to get kids to stop smoking. Thank you. de Weerd: Thank you. Any other member who would like to provide comment? Okay. Mr. Siddoway, any closing remarks? Zaremba: Madam Mayor, I see a hand in the audience. de Weerd: Oh, I'm sorry. Yes, sir. I'm sorry I didn't see your hand. Welcome. If you will, please, state your name and address. Burk: Roman Burk. 601 Tarrega Lane, Meridian, Idaho. de Weerd: Thank you. Burk: I'm just curious to know -- in watching and observing this process, if we are going to be repeating this process in a year or two to enforce a tobacco free policy. It seems as though there have been some great propositions here and certainly there seems to be community wide support for it. I guess I would go one further in asking the Council to consider up'ing the ante a little bit more in terms of its enforcement or its regulation of the idea tobacco free policy certainly would sit well, I think, with the community at large, it's only a further step beyond what has already been proposed and it seems as though we maybe repeating this process again in the near future, if, in fact, your constituents have a desire to up the ante even further if smokeless tobacco or other by-products are going to be introduced into a park it would make sense that perhaps at this time, since we are reviewing the policy at large, we would consider changing the current code as it stands to include smokeless tobacco or tobacco products. Thank you. de Weerd: Thank you. Anymore testimony? Eli. E.Nary: My name is Eli Nary. My address is 2140 North Todd Way, Meridian, Idaho. Madam Mayor, Members of the Council, I come here tonight and I'm with the Mayor's Youth Advisory Council as well, say that with any law you have to start somewhere before you can reach the end of that full effect. So, we start now with smoking and, then, eventually we move somewhere else, but right now we need to set down a standard that helps out every kid in the City of Meridian, because, yes, true, it is the Meridian City Council Workshop December 14, 2010 Page 12 of 44 parents' responsibility, however, every peer -- as some of my own peers have stated, is it comes from the pressure of each other. So, if you're in a park or it could be at someone's house, but we can't regulate someone's house, we can regulate the park. So, let's regulate the place where teenagers could smoke with their friend and stop that, let's make this one step now and, then, possibly encompass more tobacco products later, but let's -- let's put a foot down now and create a safe environment not just for teenagers, but also for families who don't want to be exposed to secondhand smoke. That's just what I had to say today. Thank you. And I will let myself to any questions if anyone has them. de Weerd: Thank you, Eli. Any questions from Council? Thank you. Again, I would ask if there is any further testimony? Okay. Steve, any further comment? Siddoway: I have nothing further at this time, Mayor. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: My perspective is in regards to Mr. Hoffman's deal is while I hate to see any person smoke -- and being a 40 year smoker myself and paying the prices that it caused -- this is -- this isn't -- I hope it stops somebody from smoking, but this isn't what it is, it's to make sure the ones that don't smoke don't have to breathe in the secondhand smoke that is just as damaging as the stuff I sucked down my lungs all the time. So, that's the reason I'm for it. It's not -- sure, Ihope -- I hope every kids doesn't smoke, but this is -- this is the enforcement to make sure the ones that don't smoke don't have to put up with the -- with the smoking atmosphere. de Weerd: Mr. Zaremba. Zaremba: Madam Mayor, I would also add that I would have no problem extending this to all tobacco products in all forms. I do agree with the idea of let's get this started and even if we are revisiting it again in two or three years to say, okay, it's time to step it up to the next level, I'm happy to start with this and I do hope we revisit it in a couple of years and make it all products and even include the sidewalks. de Weerd: Mr. Rountree. Rountree: Madam Mayor, thank you. When we first talked about this in August I think we were all in a position where we thought we could move forward and I think we were all -- not all us, but most of us were thinking in the high activity areas. That would be my preference. I don't have any issue per se with where we have gotten. My concern -- and it's always aconcern -- is that we are going through a possible resolution process that has a fair amount of regulatory and enforcement activity to an existing city code 6.3.2 without a public hearing. Now, I -- I understand that we have had a public presentation and we have had one citizen who has heard about this and wasn't aware Meridian City Council Workshop December 14, 2010 Page 13 of 44 of the agenda item, probably either on television or radio, because I understand it was at least on one television station. But we have not advertised for a public hearing and in the spirit of what Meridian has been doing for years in terms of transparency -- and don't say this as a delaying tactic, because at some point in time I will vote and I will more than likely vote for it, but it seems to me that if we are going to do this and it may just look like going through the motions, but I believe that we need to treat this like we would any other ordinance modification or any other activity that either restricts or causes enforcement to our citizens, particularly on all the facilities that are public facilities. So, my hesitancy tonight is that we have not had a public hearing of this particular proposal. And, Bill, I know we can do this without that. I understand that. But I don't know that we have undertaken anything like this in the past without having a public hearing advertised and moved on. So, that's my hesitancy this evening. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I would agree with Councilman Rountree on the -- I'd like to give the public a chance to testify like Mr. Hoffman is the only one, you know, that come up and testified against the -- de Weerd: You need to speak a little closer to your microphone. Bird: There is probably a lot of people that if they knew that it was a public hearing would come and testify and Iwould -- I would be in favor of that. We have always been very transparent and there is no reason not to be on this issue. de Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean Council Member Rountree is right, I mean you're surely not required to do that, all you have in front of you is a resolution directing the parks department to do something, but it is unusual, it isn't something we have commonly done before. I guess the public hearing piece of it, you had a -- you had a previous presentation and hearing on the proposal, you directed it back to the parks commission for comment and I don't know the level of hearing they had there at the parks commission, I don't know if public testimony was provided, but you can certainly provide another forum for people to come. You would only have agenda notice, because even if it was an ordinance you would only have agenda notice, but you could certainly promote that you would have a public comment -- you know, whether it's next week, two weeks from now, in January, whatever your preference is, but I don't know the level of public involvement or public comment at the parks commission, but your earlier hearing that you had was over this issue and the direction was to give it back to the parks for comment and a recommendation, so -- Rountree: So, Madam Mayor, I stand corrected if the previous meeting was a hearing, but I thought it was just part of a workshop activity. Meridian City Council Workshop December 14, 2010 Page 14 of 44 Nary: If it was part of a workshop. I don't recall if there was public comment at that time, other than the people that were presenting. Rountree: There wasn't. Nary: Your recommendation -- the Council's recommendation was to give it back to the parks commission to get comment and recommendation from them, but, again, I don't know what they did there, but you certainly have the ability to set this for a hearing. Because of the holidays you may want to push it into like the second week of January or the third week of January, so that you're not having -- if you're going to have a public hearing and you have it the week of Christmas you're probably not going to get a lot of people anyway, so that might be a problem. But I don't know, Steve, was there a lot of people there? Siddoway: Not -- de Weerd: I guess unless Mr. Nary is now running the meeting -- Nary: I just asked. I'm sorry. de Weerd: In just a minute, Steve. But when we discussed this last fall Council wanted more information and so the Commission did take this up and I think we have sought more public comment than we have on any other topic in the form of a specific question in the city survey, that the return surveys were 540 plus respondents and so that was a statistical valid survey. That was done purposefully to find out what our citizens really did think of it. We haven't done that on any other topic that I can think of, even a dog park. But, certainly, if we want to put this as a public hearing -- a specific public hearing -- when we heard this last fall we did put it out via social media. I know the postings on the parks and recreation activities, it has not done -- gone under the radar, we have tried to make it as public as possible, short of that article -- or that public notice hearing in a newspaper. So, I would offer that there have been a number of activities trying to push that out to the public for comment. For what it's worth. Certainly if you would like to post this we can do that. It's certainly -- Zaremba: Madam Mayor? de Weerd: Yes. Zaremba: And just to chime in, I am in favor of dotting the I's and crossing the T's and let's have a public hearing. I think the end result would be more enforceable and there would be less argument. I clearly am already in position of being in favor of this, I doubt that anybody could say anything at a public hearing that would change my mind, but I will listen. But I also agree, I think that's probably the correct procedure to use in this case. So, I would be in favor of a public hearing and I agree it probably shouldn't be in Meridian City Council Workshop December 14, 2010 Page 15 of 44 the next couple of weeks, because I don't think we'd get the attendance that sometime in January we would. Hoaglun: Madam Mayor, just to chime in on this as well. Yeah, I have no problem with delaying it. I'm like Councilman Zaremba, I support it, unlikely any comments will change my mind, because we are about public health and safety on this issue. The good thing is by doing it now it's the middle of winter, our parks are not as high use and the delay time it will be ready to go if we proceed with that by the time the parks start to go and to afford the opportunity for citizens to talk further about this certainly is not a bad thing. de Weerd: So, public noticing, it would need to be sometime in January and I guess, Council, at that time I would like -- my own personal thoughts on this is also we are creating another enforcement act and I would like a little bit more information on how this ordinance would be enforced and certainly on some of the same topics that we have had come up during our on leash discussions with dogs, how it will be enforced to those that are alone in the park, they light up a cigarette, what happens then? There is no one around that they are affecting, if it was the concern secondhand smoke, then, what? And those are some of the comments that I have received and I think we need to know what happens then. Okay. So, do we want to set a date certain? Siddoway: Certainly. I don't see a calendar over here. de Weerd: I don't have January either. Rountree: Madam Mayor, does it have to be that distant? de Weerd: For a public noticing how many days, Madam Clerk, do you need to public notice this? Holman: Madam Mayor, this I would think -- normally when we do something that's outside of a -- like something that's mandated as a public hearing we call it a public comment or public comment period. So, would you like us to actually notice it as a public hearing for two or three weeks before it's heard? de Weerd: Two weeks? Holman: Two weeks? Rountree: Two weeks, one week, I -- de Weerd: And if we want a fully seated City Gouncil during that time it's probably the -- Zaremba: 18th. Rountree: It's in February. Meridian City Council Workshop December 14, 2010 Page 16 of 44 Zaremba: I will miss the first two meetings in February. de Weerd: Okay. That brings it into the third week in February. Siddoway: February, is that what you -- de Weerd: Yes. Councilmen Zaremba and Rountree will have some conflicts, so the next time we have a fully seated City Council, if we want to publish this twice, if we can't do the first week in January, it would need to be -- Rountree: February 1st. Zaremba: Third week in February. Nary: Madam Mayor? de Weerd: February 18th. Nary: Madam Mayor? de Weerd: Yes. Nary: Madam Mayor, Members of the Council, I guess I'm only asking this question not -- because I'm not running the meeting, but what -- I'm not sure what you would publish. We wouldn't normally publish, even if this was an -- if this was an ordinance all by itself you wouldn't publish something. If you're talking about publishing like a press release, so that people are aware they can come, that's -- you could still do it on January 4th, but there is no -- there is no legal notice to notify anybody. Rountree: Do it on the 28th. Nary: Or the 28th. I mean you could do it in the next few weeks. Rountree: Madam Mayor, I think the 28th of this month would be taken care of. de Weerd: The agenda doesn't look real heavy, so, Council, would December -- or December 28th work? Mr. Siddoway? Zaremba: It's fine with me. Siddoway: I'm supposed to be in Utah on the 28th. I could cancel -- try and look at changing those plans, but I would do that to be here for this. There is no way to do this next week, is there? I mean we can notice this as a public hearing for next week. Meridian City Council Workshop December 14, 2010 Page 17 of 44 de Weerd: Next week -- next week is a -- is a joint meeting with our Planning and Zoning Commission, with a special meeting earlier so we can clean up some public hearing issues. Siddoway: So, let's do the 28th. de Weerd: I'm going to be here, so it doesn't matter to me. I think what we do want is all of the Council to participate in that public comment period and have a full Council vote. So, Council, do we want to try it next Tuesday? We can figure it out. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I -- I think the holidays is -- is a bad time to schedule something like this and I can't -- as bad as I'd like to get out of here early January 4th, Iguess -- everybody is going to be here January 4th, aren't they? Are we going to have everybody here in January at all? de Weerd: I will be. I don't vote, but -- Zaremba: I will be here for all of the Januarys, but I will miss the two first Februarys. de Weerd: Would you be at any of the January meetings? Rountree: I need a January calendar. de Weerd: Here. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I wouldn't have any problem going to February 18th. de Weerd: Mr. Siddoway, is there any rush on this? Siddoway: The Central District Health grant runs out in March. I think that's our deadline. So, we need -- if we are -- if we want free signs that's the deadline. If we don't care about free signs there is no deadline. de Weerd: So, the middle of February does work within that time frame? Joanne, would you like to provide -- you will have to come forward. And just restate your name for the public record. Graff: Joanne Graff. Meridian City Council Workshop December 14, 2010 Page 18 of 44 de Weerd: Thank you. Graff: Madam Mayor, the deadline has actually been extended and I have not shared that information with you, Mr. Siddoway, but the deadline actually has been extended and so it's March of 2012, so it's a two year grant. Siddoway: Okay. de Weerd: Okay. Well, it looks like the middle of February it is. And we appreciate those that have come to provide comment tonight and we will put it on our public calendar when that date is set, if you would like to join us again, but you don't have to. Your comments are already part of the public record. Yes, Mr. Siddoway. Siddoway: Thinking forward to that date, then, I would just ask if there are any other -- if there is any other direction Council would like to give me -- for example, do you prefer instead of using the existing smoke free ordinance, would you prefer we change the ordinance to tobacco free and bring a resolution back? Do you want to just stick with the resolution for now as proposed with the existing ordinance? Hoaglun: Madam Mayor, just my two cents. If we are going to have public come and comment, let's have them comment on tobacco free and see what they think about all forms of tobacco -- tobacco free parks. Zaremba: Madam Mayor, that works for me, too. Siddoway: Okay. Zaremba: I guess the question -- the additional question that smokeless tobacco or all forms of tobacco is does it add a different kind of enforcement. I mean you can see if somebody's puffing on a cigarette, there is a white thing sticking out of their mouth and smoke going up, but, you know, how do you know if somebody's chewing and spitting? Siddoway: It would have to be observed. Zaremba: Yeah. So, I -- if we had comment on that I would support including that subject as well. Lavey: Madam Mayor, I have one more comment. de Weerd: Oh. Sorry. Where did that come from? Lavey: I am unaware of what the penalty is currently, but you might want to consider whether it's going to be a misdemeanor or an infraction. It might be under a misdemeanor right now and that's definitely not where we want to go, considering what Meridian City Council Workshop December 14, 2010 Page 19 of 44 we are doing with other city ordinances. So, I'm unaware of what the penalty is, but it should be discussed under the current proposal. de Weerd: Fifty dollars? Rountree: The table we were provided said it's a 50 dollar fine. Lavey: Okay. de Weerd: Okay. So, do you have enough information to know what you need to come back with? Siddoway: Yes, I believe so. And just so we are clear, changing from smoke free to tobacco free would require a change in ordinance, not just resolution, so we would notice up an ordinance change and a public hearing for that. Nary: Madam Mayor, not to make it more complicated. That is a little different wrinkle. So, if you would like us to bring an ordinance change for tobacco free to, then, get public comment on that, we can do that or if you just wanted comment on whether or not you should create a tobacco free ordinance, that's different, that wouldn't provide an ordinance for .you to review prior to February 18th, you would be simply getting comment on that, because as Mr. Siddoway said, we already have an ordinary that says anyplace that's posted no smoking it's illegal to smoke. We would have to add a new ordinance to make anyplace tobacco free, so whichever your preference is is fine, I just need to know what you would like to have for you prior to February 18th. de Weerd: Council, certainly my recommendation would be to seek comment on the tobacco free, but move forward with the direction that we have sought thus far and we can, then, pursue additional steps if that's the direction that you want to go at that time. Rountree: I concur. de Weerd: Okay. Siddoway: So, we will not prepare an ordinance change at this point, we will go forward with what we have, we will notice it for public hearing in February. Thank you. de Weerd: I think, Steve, though, it does need to be addressed or brought back, the discussion about the sidewalks abutting public right of ways, roadways, and certainly the enforcement aspect of this. Siddoway: Got it. Thank you. de Weerd: Okay. Thank you. And thank you again for coming and joining us. Meridian City Council Workshop December 14, 2010 Page 20 of 44 B. Resolution No. Proposed # 10-759: Declaring City Parks Smoke Free Premises de Weerd: Okay. We will skip Item 7-B, as we don't need to hear the resolution at this point. Item 7: Items Moved From Consent Agenda de Weerd: There were no items moved from the Consent Agenda. Item 8: Action Items A. Close Public Hearing/Comment Period for CDBG Program Year 2009 (PY2009) Consolidated Annual Performance and Evaluation Report (CAPER) B. Close Public Hearing/Comment Period: Substantial Amendment to the CDBG Program Year 2009 Action Plan de Weerd: Item No. 8 under Action Items we do have two public hearings that need to be closed as we were at the end of the comment period, but at this time we will turn this over to our CDBG coordinator Lori. Den Hartog: Thank you very much, Madam Mayor, Members of the Council. If we could, I would like to take up both items together, the 2009 consolidated annual performance and evaluation report and the 2009 substantial amendment to the action plan if possible and I will address both in my comments. We open up the public hearing and public comment period for both of these items on November 9. During that comment period staff has been in communication with the nonprofit groups and other agencies receiving CDBG funding through the City of Meridian. We have not had any comments on the substantial amendment or the CAPER. Just some highlights. The CAPER -- the Consolidated Annual Performance and Evaluation Report is a required report from the Department of -- excuse me -- from HUD and we have compiled everything required by HUD, have all of the necessary elements, just to give you some highlights of our 2009 program year, the Meridian Food Bank received 20,000 dollars as part of this grant. They provided food to over 29,000 people throughout this year. We are looking forward to working with the Meridian Food Bank again this year, they have been an excellent partner. The Boise City Ada County Housing Authority has provided downpayment assistance to three low to moderate income families for the purchase of homes in Meridian. Improvements were made to Centennial Park that you're familiar with. And also the Boys and Girls Club has begun a transportation program that busing students from our area elementary and middle schools to the club for after school activities. There is a number ather things that have been identified in the report that have been accomplished throughout this past year. It's been exciting to come into this this fall and see what was happening during the last year. Certainly the coordinator prior to me did a great job in establishing relationships with the nonprofit agencies that Meridian City Council Workshop December 14, 2010 Page 21 of 44 are receiving these funds in our community. So, we will look forward to another coming year and continuing improvement in our program. This is the third year we have completed use of these funds and we have our action plan identified and just as a side note, we actually received on Congressional release of funds for the 2010 action plan year, so we are excited to start using those funds as we move forward. Related to this, the proposed substantial amendment to the 2009 action plan, we have one project that didn't proceed as anticipated and that was the facade improvement project, which was to be coordinated by the Meridian Development Corporation. That project was identified for 40,000 dollars. As identified in your paperwork, that project we ran into a couple of different hiccups along the way and the site was -- had been identified, but it didn't move forward for various reasons. So, because of that staff is proposing the amendment to the action plan to reallocate the 40,000 dollars to an already identified CDBG project. You may be familiar with it, the community center ADA upgrade projects. We actually have gone out to bid and the parks department has been coordinating all of the activities in the community center and we are hoping to get under construction in January. We have funding that was already identified for this project. By allocating 40,000 dollars to the ADA upgrades, we will be able to complete it and be able to move forward. I have not had any comments submitted during the comment period on this change. We had been in communication with the Meridian Development Corporation and they have recently had a change with their program administrator and I was clear in communicating with them that just because this is happening we certainly are anticipating partnering with MDC in the future. We have a lot of goals in our consolidated plan related to economic development and we look forward to partnering with MDC in the future on that. So, even though we are reallocating the 40,000, that's certainly not any indication of not wanting to work with MDC in the future. So, we are looking forward to that. There is one slight change in working with the HUD staff. I just wanted to make you aware in your submitted documents table C for the action plan amendment, I just needed to modify the code citation and it should be 24 CFR 570.201(c) and I will provide the clerk with an updated copy of that. So, with that would respectfully request that the Council close the public hearings for the 2009 CAPER and the amendment to the 2009 action plan and adopt these -- the next items on our agenda are the adopting resolutions and, then, if you would direct staff to send these items to HUD for their consideration and approval. The CAPER is due to HUD on December 30th and there is no deadline for the action plan amendment. Thank you. I would be happy to stand for questions. de Weerd: Thank you, Lori. Council, any questions? Rountree: I have none. de Weerd: Is there any member of the public who would like to provide comment on these two items? Okay. Rountree: Madam Mayor, seeing none, I move that we close the public hearings on Item 8-A and B, the CAPERs and the CDBG 2009 program addendum. Meridian City Council Workshop December 14, 2010 Page 22 of 44 Zaremba: Second. de Weerd: I have a motion and a second to approve two items, Item 8-A and 8-B and to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Resolution No. 10-760: Adoption of the Community Development Block Grant (CDBG) Program Year 2009 Consolidated Annual Performance Evaluation Report (CAPER) D. Resolution No. 10-761: Adopting Proposed Substantial Amendment to the Community Development Block Grant (CDBG) PY09 Action Plan Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve resolution 10-760, adopting the CAPERs plan. Zaremba: Second. de Weerd: I have a motion and a second to approve the resolution on item 8-C and that would be, then, to forward that to the appropriate agency. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve resolution 10-761 and direct staff to submit the amendment to HUD. Zaremba: Second. de Weerd: I have a motion and a second to approve Item 8-D. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council Workshop December 14, 2010 Page 23 of 44 de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports B. Public Works: Backflow Program Discussion de Weerd: We did have a request to move Item B ahead of A and so I will go ahead and move to Department Reports and ask for staff comments on this item. Hi, Rich. Dees: How are you, Madam Mayor. de Weerd: Good. Dees: Madam Mayor, Members of the Council, thank you very much for having us in today again. We are talking again about the backflow issue, cross-connection control, specifically dual connections. I provided you with some comments, some material over the last few weeks and met with a couple of you to try to discuss any concerns that you had with it. We also met with the homeowners association last Friday, Meridian Greens and Bittercreek, I believe, came in last Friday. Summarizing where we are for the recommendations, first of all, we want to keep the ordinances the way they are. The ordinances are strong, they are written well, we want to continue to be able to enforce those ordinances related to dual connection and backflow and cross-connection control. We think there is a case to be made certainly for some backflow or dual connections that were connected erroneously. There were five of them. We will pay fully to have those removed from -- from the homeowners or from the property owners, whatever it takes we will go ahead take care of that and fund that --fund that issue. Also, there are several homeowners or property owners that have backflow connection -- devices connected and we want to help them subsidize their removal up 300 dollars to take those out. We think that will pretty much take care of most of the removal. There might be some situations where it will not. If that's true they can certainly approach us and we can negotiate it. The other thing we have -- we have figured out is that there is a device that they could install in lieu of taking everything out, it's called a hose bib vacuum breaker device, it's a spigot and you have them on your home. If you have ever seen them they are the ones that are on your -- put your hose on, the little thing on the top that sort of spins, well, that's a vacuum breaker and you can certainly put those in in lieu of the backflow device and take care of the cross-connection issue. The current backflow testing program has been very successful. As I noted in one memo I sent to you, we were 86 percent on the first round of issues. Whenever we wanted to get the backflows tested, people responded very well. This is higher than anybody else in the Treasure Valley. We'd like to continue the reimbursement program, but at a lower level. Perhaps by offering a coupon, maybe a ten dollar off coupon on testing your backflows, the ones that are still required. We would give that to the backflow testers or to the homeowners and let them take them to the testers and submit them for reimbursement Meridian City Council Workshop December 14, 2010 Page 24 of 44 so that we could help them with defraying the cost of the backflow inspection and repair. We wouldn't pay for the repair, but we would pay for the testing. We want to shift the cost to repair, in fact, back to the homeowners. If the device is broken, we think the homeowner should fix their device. The City of Meridian would allow a one year grace period, if you will, to get all this done. There are several people -- several properties that need to have this taken care of and we want to go through at a season, so we thought one year would be a good range to offer for folks to take their backflow systems -- or backflow assemblies out. We also want to put in a period of homes built -- a consideration of a ban, if you will, of what homes are considered in this -- in this backflow issue and we went to 1989 and we proposed we go as high as 2006. We would allow the -- we would allow the payment assistance programs for removing the dual connections, after one year we will eliminate that. In other words, after a year period of time we are done with that and we are back to enforcing the ordinance, like we should be all along. We want to work with Ada County, certainly, to get the homes that are outside the city to enforce our ordinances to put in -- or to not have dual connections. In other words, don't allow them. And that's going to take some work between us and Ada County to make sure that's so. And, finally, we would like to initiate an aggressive education campaign to educate not only the homeowners associations, but all those who have backflow preventers in our system what their responsibility is. I passed out today the comments that I just read to you, essentially, and on there there is a little pamphlet that talks about backflow and it's pretty enlightening, actually, and I know Councilman Zaremba seen it and it gets the point across that backflow issues are serious issues that you need to consider and we certainly take them seriously, because we want to keep our water supply system as safe and pure as we possibly can. If you're comfortable with it, we would certainly encourage you to allow us to adopt these recommendations and move forward, so that we can begin the process. Even if you did that this evening it would take us awhile to get everything generated up, so that we could get the coupon system going and get the -- get the folks online to remove these assemblies and give them time to start doing it before the next irrigation season. So, with that I'll stand for any questions that you may have with regard to this. de Weerd: Thank you. Council, questions at this point? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Would you clarify for me what -- what dual connections would be allowed to remain? Are there some that would be legal? Dees: The only ones that are legal is a single point. The single point connections -- Zaremba: For a whole subdivision. Dees: For the whole subdivision. Yes. Meridian City Council Workshop December 14, 2010 Page 25 of 44 Zaremba: Okay. Dees: Those connections are alot -- now, still backflow preventers would be required on the several homes. I'll use mine as an example. I don't have pressurized irrigation. I use potable water to irrigate my lawn, so I have a backflow preventer between my potable water supply system -- actually, the city potable water supply system and my irrigation system. Those would still be required. So, there are still several assemblies that would be required in the -- in the community. Zaremba: And would those need to be inspected? Dees: Absolutely. They will need to be checked every year. You bet. de Weerd: Okay. Any other questions? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Rich, I think the estimated cost, based on a reasonable educated guess was around 300,000. If per chance the number was -- that number is exceeded, it seems to me that the notification period or the one year allowance could be extended in terms of actually implementing the fix, as long as we knew that it was going to happen in that first year, so if we had the thousand that we think we have and they cost 400 dollars, that's going to exceed what we anticipate budget-wise, as long as we heard from those thousand in that first year they could go by priority and get fixed the next budget cycle. Dees: Councilman Rountree, Members of the Council, absolutely. If we hear from them during the year period we are certainly willing to say, okay, you're in the mix, if you will. And, then, if we run out of budget money, it costs more than 300,000 dollars, because that's what our budget is, I'll have to come before you again and say I need more money to finish paying off the -- the additions that we have to do. After the one year period is when we -- if no one else has come forward, we'd say that's it, we are done. So, you're exactly right. Rountree: Okay. Thank you. de Weerd: Any other questions from Council? Thank you, Rich. Dees: Thank you. Barry: Madam Mayor, just as a quick clarifying question regarding Councilman Rountree's comment. I guess I'm a bit confused if we are talking about a cost share program or on a full reimbursement for removal of these backflow assemblies. I mean it would be good for staff to know that. The proposal was up to 300,000 dollars as a cost Meridian City Council Workshop December 14, 2010 Page 26 of 44 share. I thought I heard Mr. Rountree say possibly if that goes higher, then, we would delay or roll that into the next year, which made me believe that maybe we were talking about something more than a cost share and, actually, a full financing of the removal. that's not what we intended, I just wanted to get clarification on that. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Tom, I think I inflated the wrong number. Barry: Okay. Rountree: The 300 would still be the cap, but if you had 1,400 requests, then, you'd have the 400 over. Barry: Understood. Thank you, Councilman. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I think I just understood that last conversation differently than I may have understood something previously. I thought that you were suggesting that where we knew that at some point the city had given a permit, that we actually would cover all the cost, even if that meant replacing a patio or -- or some -- if the city gave them a permit, even if this was eight years ago, that we would bear the full cost of removal, fixing, replacing, landscaping. Dees: Madam Mayor, Councilman Zaremba, you're exactly right. There are five homes, from 1995 to 1997 where we allowed -- we gave them permits to install the backflow assemblies. We would pay the full cost, whatever that is. If it's 500 bucks, it's 500 bucks. If it's 800 dollars, it's 800 dollars. Whatever it is. Zaremba: We already know that's only four possible exposures? Dees: We think there are five. Zaremba: Or five. Dees: There are five exposures. Zaremba: Okay.. Dees: We believe that's the correct number, but the rest now that's the ones that -- Meridian City Council Workshop December 14, 2010 Page 27 of 44 Zaremba: That would be the 300 dollar limit. Dees: Yes. That's correct. Zaremba: Okay. That clarifies my understanding. Thank you. de Weerd: Okay. Thank you for those clarifications. I have several members of a subdivision that is affected in the audience. Are there any comments? Okay. Any other comments from citizens in the audience? Okay. Any concluding remarks, Rich? Dees: Madam Mayor, Members of the Council, no. Again, thank you for your time. I want to again thank the folks from the Meridian Greens and other subdivisions that have come into help us out. It's been kind of a long -- long affair, if you will, and we have had to learn a lot, we have done a lot of research and they helped us formulate the plan and so we appreciate that very very much. The education piece is going to be very necessary and we look forward to working with them as we roll this thing out to all the people who need to have it sent to them. Thank you. de Weerd: Thank you. And thank you, we know you're not here because you enjoy our meetings. We appreciate you being here. Rountree: Madam Mayor. I'd like to extend my thanks not only to the neighborhoods for putting up with the process, but I think it was probably a healthy process and one that resulted in -- in a reasonable compromise, but a special thanks to Public Works, you know, that's probably an area that wasn't really bothering us and the old adage is if it's not bothering you you shouldn't ought to mess with it, but we did. So, I think the results are good. I particularly thank Rich and his staff for the unraveling of the nest of issues that were involved here that have gone on for years and years and years and the tacit approvals and the implicit approvals and the non-understandings of understandings and letters that exist and don't exist and the permits that exist and et cetera. So, it was not an easy mystery to unravel and I think you did a grand job and finally got me to fully understand what was going on. So, that was an accomplishment. Dees: Thank you. de Weerd: Okay. Council, we -- you do have a number recommendations in front of you and I'm sure staff would love to hear some decision on how to move forward on this. Rountree: Madam Mayor, I have a question. Do you need this in the form of guidance or does it need to be a resolution or -- Bill, can you help us on what the vehicle is here? Nary: Madam Mayor, Members of the Council, I think, Council Member Rountree, think -- in trying to think of six months from now or a year from now we are trying to figure out what exactly we did, since we have seen it a couple times, it probably would make sense to have this program adopted by a resolution of the Council we could bring Meridian City Council Workshop December 14, 2010 Page 28 of 44 back probably next week. Rich, do you think -- if you think it's in the form that we could, basically, attach a resolution to, then, it's clear as to what your intent was and what was allowed and what was discussed and if you have a desire to revisit it, then, you will have the ability to do that as well and that way we won't -- from a -- I think from locating it later, based on the number of discussions we had, that probably would be the best from a clarity standpoint. Rountree: That's your department. Zaremba: Yeah. That works for me. Yes, I am the liaison to Public Works and a resolution sounds good. de Weerd: So, Council, are you requesting that a resolution be drawn up with the recommendations that are in front of you as summarized by Rich? Zaremba: That would be my preference, yes. de Weerd: Okay. Hoaglun: Might as well. Rountree: I agree with that. de Weerd: Okay. So, we will come back with a resolution to capture all of these points. And that's just a resolution. You guys really don't have to come back, but you're most welcome to. Blame Ralph. He's here every week. A. Fire Department: Strategic Plan Update de Weerd: Okay. We are done with that item and so we will move to Item 9-A, is our whole purpose for the evening, our fire department. Chief Niemeyer. Niemeyer: Madam Mayor, Member of the Council, good evening. Before I get started I do need to give a little bit of thanks out to some folks who are here tonight. Captain Shaul and his crew, I probably will never get them in the administration after tonight, after they see what we do here. Thank you for coming. de Weerd: No. It's very entertaining. Niemeyer: And, most importantly, I want to thank the administrative staff that's sitting there in the first two rows. It's very rare that I get the opportunity to thank them in public and this is a great opportunity for me to say thank you. I will tell you since May we have had our foot on the gas and I was going to say the Corvette's running well, but in my world it's a big Ford pickup truck is running very well. The energy level is high. The expectations have definitely been met and without them we wouldn't be where we are at today, so it's my chance to say thank you for everything you're doing. We have Meridian City Council Workshop December 14, 2010 Page 29 of 44 got a Powerpoint presentation for tonight to give you an idea of where we are at today and where are going in the future. So, I appreciate your time. I know it's a long agenda, but, again, I thank you for your time. If I were to summarize your Meridian Fire Department right now it would be in this -- in these words: Tradition Meets Challenge. And these are two cultures in the fire service. As you know, the fire service is steep in tradition and many of those traditions are very good and valuable that we will hold near and dear to us as we move forward, but at the same time we are challenging some traditions that we say we can do things better. As you know when you have a department that's very traditional sometimes that change is slow to take place and I will tell you that the staff all the way from the administration to the line has embraced those ideas and those concepts as we move forward. Let me see if I can make this thing work. If not -- I get accused of being a techno Beek and I don't know if I am. For the visual folks in the room, how have we been doing since 2010 -- or May of 2010. Most of the days are like this, they are very good days and we are moving forward in a very positive direction. I would be lying if I said there wasn't a couple of those as well. But that's all right. We expect that. The areas of focus that we have been focusing on since May -- one is creating team environment through involvement. Getting more folks involved in the process. One of the areas that we identified that we can do better in is succession planning and we believe that the way to accomplish that is to get folks involved in the process as we move forward. And we will be talking about each one of these here as we go along. The other is building collaboration with allied agencies for improved system performance. Looking at effectiveness, efficiencies, and cost. I don't think that just because we are in the economic times we are in we shouldn't be looking at these. We should be looking at these things all the time and I hope this is something we all take away from the current economic environment as we move forward, even if the times change and improve. The third one is promoting innovation and I will get to this in a little bit. We have a couple of sayings that we repeat within the department. We are also focusing on leadership and improving our leadership, not just at the top, but starting at the bottom and we develop ways to do that and, lastly, establishing standards through a standards manual throughout the department. So, in creating a team environment through involvement, the first step that we took was to send out an employee survey and I sent this out to every member of our department. I'm happy to say every member filled out their survey. One of the things I was looking for is what are you passionate about. We know you are here in the fire department, but what are you really passionate about, because I believe when you play to people's strengths you do very well and so we created that -- that list, if you will, of what are you passionate about. Some people said training. Some people said history. We had a number of responses. And so we are using that input as we move forward. Part of that was setting up four committees in which we had representatives from the administration and from the field to bring together that team environment, that involvement process. The first committee is the apparatus committee. They were responsible for looking into the refurbs of Engine 39 and 32 that we are currently undergoing. Engine 39, as you know, is back in Wisconsin being torn apart all the way down to the frame. By getting folks involved in this process as we move forward into the future we have more people knowledgeable on an apparatus. You know, the goal is that if I leave tomorrow or Chief Johnson leaves tomorrow, whoever may leave tomorrow, we have people that can, then, step up. It's Meridian City Council Workshop December 14, 2010 Page 30 of 44 part of that succession planning. So, getting them involved has been a good thing, it's been very beneficial and the committee has done very good work. The next one is our historical committee and Hannah Curtis is kind of leading this charge from the admin team. One of the responses on her -- her survey was I love history. I love photography. And so we dove into our history in depth. Part of that was we found an old bell and it was tucked away at the Meridian High School, I believe, that used to be the bell in our tower that would get rung when a fire came out and they were about ready to throw this bell away and, fortunately, we snagged. It will be part of history. We also have somebody else in our department that really helps us out when it comes to the historical perspective and that's Kenny Bowers. He's a real great resource to have and is bringing a lot to that committee and I look for a lot of good things from that committee as we move forward. We also are looking at policies and procedures. One of the areas that we are focusing on with that is our high risk incidents, our high risk low frequency type incidents that we are going to start there on our policies and procedures. A lot of the ones that we currently have in place we keep, but we are also looking at what other areas do we need to focus on and I'll get to it in a little bit on why that's so important. The last one is our public education committee. We feel very strongly that getting that message out to safety, to our community is very important and we know we have both Pam Orr, who does a terrific job with pub ed, but we also have guys from the field, men and women from the field who have great ideas as well and so by having this committee they are exploring new avenues to get that message out. One thing that recently happened was the purchase of the fire safety house -- portable fire safety house. Did I get that right, Pam? This is a way to get our message out to the school kids. We know that everybody is under budget cuts and getting the kids to our safety center is now hard, so this safety house is going to allow us to get the message to them and that was done through cooperation with out association. So, very excited about that. The one thing that these four committees have in common -- the common denominator is involvement, debate, agreement and buy-in. And those are the four big keys by having these committees and we have realized and support the idea that collective minds produce a better result and just within our admin team alone we calculated this up and my gray hair is probably going to be indicative of this -- we have 191 years of collective experience just within the admin team alone. That's a lot of -- a lot of involvement and a lot of good thoughts that can come through as we work as a team. de Weerd: How many administrators do you have? Niemeyer: That 191 came through eight people. No. Seven people. I'm sorry. Just look at the gray hair in the audience. Bird: Seven people, 191 years? Niemeyer: Yeah. So, the second point that we have been working on, our focus area, is building collaboration. I have put on there getting off the island. This is an area that the fire service traditionally has not done as well as we could or should. Getting off the island means how do we look at our boundaries, how do we look at our collaboration with other agencies and make things better, do it more effectively, more efficiently, and Meridian City Council Workshop December 14, 2010 Page 31 of 44 look at the cost involved to the citizens. So, to that end I think we have continued a very cooperative and productive relationship with Meridian police department. I don't know if that's because Chief Lavey and I both came from Washington or we are the same age or how that plays out, but we have enjoyed working with the police department, we look forward to many joint ventures with them, but also I think we have got to focus on working with other city departments. We are not an island as a fire department, we are part of a bigger process and that's something that the Mayor and I talked about on the initial interview is we want to make sure that when we create an action or take an action we are involving those other departments, so there is good cooperation and education and communication going on between all of us. The tough issues with our allied agencies have been put on the table, along with accomplishing the low hanging fruit. We have identified with our allied agencies, whether it's a fire department, Ada County Paramedics, or our law enforcement friends, we can identify the low hanging fruit and that's easy to tackle. But I think we are being honest with ourselves when we put the tough issues on the able as well and we have had some tough issues. In Ada County sometimes the fire departments historically haven't gotten along as well as they should and we are breaking down those walls and those barriers, working with the various chiefs and I'm happy to say I'm very pleased with the progress we are making. I'm optimistic that that's going to continue as we move forward in the future and I think in the end we put together a much better product for all the citizens. We don't only treat folks from Meridian, we treat folks coming through Meridian and we want to make sure we are providing the absolute best service we can. And the future collaborative issues that are being discussed. One is joint stations and this is a new concept. But we know looking at our capital improvement plan and meeting with other chiefs in other districts, sometimes we have stations planned less than a mile apart That doesn't make sense. And it's not going to make sense to a taxpayer. So, we are having those discussions. The other thing that's currently being worked on and developed is the closest appropriate response regardless of jurisdiction and I will give you an example. Yesterday -- was it yesterday, Bill, we had that fire? We had a fire that was actually in Boise's district and two of our engines responded. It was a commercial structure fire. That's the way things should be done, to get the quickest response to the incident as fast as we can. So, there we go. The third focus area is innovation. Ideas moving forward that address effectiveness, efficiency, and cost. One of the things that we have said repeatedly in the department is that everyone has a talent and it's time to see it. And we saw that in the survey that we sent out. I'm going to give you a couple of examples of that innovation that's going on right now. We have also encouraged the stay within the lane concept. In other words, we expect folks to take self-initiative and to tackle projects. We give them the boundaries or the walls or the sideboards, as Councilman Rountree would say, here is the area that you have got to play within, now make it happen. Take initiative and I'm very happy to report that the men and women have done that within our fire department. A couple examples of this innovation. I could rattle off a lot more, but these are two that I wanted to bring forward. Wanted a new logo through a departmentwide competition. In reading the surveys, what the men and women were wanting and looking for is a very traditional logo. That's one of those traditions in the fire service, the logo, the Maltese cross, the axes, it is very traditional. Creates a lot of pride within an organization. So, we opened that up. We Meridian City Council Workshop December 14, 2010 Page 32 of 44 had, I believe, 12 different entries. Those entries were voted upon by the members. Got down to two. We actually had a tie, believe it or not. So, those -- those two did a runoff and the new logo is that. And when we say that everyone has great ideas, from the top to the newest guy, I will tell you that that logo was developed by the newest member of our department. So, that kind of reiterated that everybody has value and we want to make sure that message is sent. If you look at the logo there, you will recognize the color scheme. That's something that Meridian fire has become known for is that black and red color scheme. I don't think we are doing it because we wanted to imitate Chicago, that's just us. And the guys really get around that. And so we are very happy with this logo. Another innovative idea -- and I'm going to mention it briefly, because it may come up later and it may not, is training videos and what happened here is this started as a very small idea by a couple of guys on the line, Brandon Erickson and Steve Hays, in that they wanted to do a video presentation of a physician giving a lecture. So, we helped them get started and what it has grown into is a fully integrated website with training videos and the cost to us was under 2,000 dollars. The long-term return on investment is going to be huge. And beyond that I'm going to hold off on going into that any further. That may come up later, but certainly as you move forward the website that's been created is firevids.com and I would encourage any of you to take a look at that. It's very innovative, very creative, and I will tell you that this website is receiving hits from Canada, the U.S., Mexico, and we just found out China. So, a very successful program. Another focus area is our focus on leadership and I will tell you -- and Ithink other fire service leaders would agree, this is an area where I think we can do better in the fire service. We typically wait too long to focus on leadership skills. We are a paramilitary organization. That is the way it is nationwide. But those leadership skills, those core fundamental leadership skills typically don't get focused on until your promoting to company officer or captain. And we believe that's something that needs to change. We need to start from the ground from our newest entry level position and start that leadership process. So, that is something that we are working on. We are doing that at the staff level, the company officer level. We have a meeting every month for company officers, we get together and go over different items. One of the things we now include is a focus on leadership. It's called our leadership training opportunity. LTO. Funky acronym, but it was quick and it is a focus specifically on a leadership style, a leadership initiative, and there is a good discussion that takes place as a part of that. And so we learn from each other when we do that. The other thing we are doing -- and I know the Mayor appreciates this -- is we are reading. We find books on leadership that we appreciate and we can get into and, then, we have a discussion on it and one such book that we have done on so far is called It's Your Ship by Michael Abrashoff. He is a former commander of the USS Benfold. This was a ship that had some issues initially. He came on board, created a team environment and it became the best ship in the Persian -- in the Persian fleet. It was a go to ship that they went to when they needed something done. And so we took a lot out of that. There is some books that are on the horizon that we are also going to read. Excuse me. Don't want to be called Oprah, but we are taking the lead from the Mayor's office. As part of that leadership focus we will be hosting our first annual week long leadership academy to be held in the spring of 2011. We are going to bring in some guest speakers, but also spend an entire week on that leadership focus and looking at organizations that have Meridian City Council Workshop December 14, 2010 Page 33 of 44 done it right and done it well and take away from them the things that we can -- we can use in our department. Southwest Airlines is a great example on a company that has taken something to an extreme level as far as customer service. So, we will have those discussions during that week long leadership academy. And, lastly, as we move forward, the leadership, like I mentioned before, will eventually be initiated at the entry level position, so that we start as soon as they get hired, focusing on those soft skills, the ones that are really important. When we go out into the community -- and we have a great start. The men and women that we have currently -- we have a very great start. We are just going to capitalize on it. As far as training goes, that is a focus area. We have changed the approach a little bit and we are going to focus on the basics while taking the department to a higher level of competency in this way. The training focus over the next few years is going to be on the high risk, low frequency events beginning with the basics and we -- we kind of joked about it, Chief Johnson and I when we talked about this, but, really, if you think about it, a structure fire, everything within that operation falls within this. At any point in time things can go bad and we know that. So, we have developed two books that I will just share with you real quick and those are task books. This is not a new concept. We stole it. I will admit it. We stole the idea. But as you can see this is the firefighter one task book and these are all the critical core skills that we want to make sure that our folks can do, not 70 percent efficiency or 80 percent or 90, but a hundred percent, because these are the items that we have recognized we don't have a lot of time to think about these things. When they happen we have to make a decision and we need to train hard enough on these things that a hundred percent of the time we can do them right. In addition to that, that's just the firefighter one task book. You can see here that this is the EMS critical core skills task book as well. Again, don't have a whole lot of time to think. We need to make sure a hundred percent of the time we are going to hit that thing as we need to. So, that's going to be our focus on the training. In addition to that, Perry Palmer, who has taken over coordinating our part-time on call program has developed the expectations as well. A reference manual for the program itself. In addition, they will fall under the firefighter one expected tasks as we move forward. In the future this is a big project that we are looking at. Here in the future we will have firefighter two and three task books, which add new levels of expectations, as well as the driver operator task books. And, then, we also are encouraging our firefighters to pursue degrees in fire science or public administration. This is something nationwide that has taken hold. We are going more from atrade -- away from a trade to a profession and that is something that I highly encourage. I think we are better served when folks take the time to get a higher level of education. So, this is something right now that we are encouraging. I think in the future in the fire service, not only here in Meridian, but around the nation you're going to see it as a requirement and that's not a bad thing. I think that raises the level of professionalism in any fire service or organization. Just a quick update on open positions. Our training officer position that is in process right now and our division chief of logistics, which is approved for this budget, we will be posting in the next seven to ten days. So, an update on strategic plan. The reason that I put the other slides first is that everything we are doing from May until now was in -- in part to prepare for our strategic plan development that was approved for this year's budget. We knew before the company came in to sit down and develop our five year strategic plan we had to get Meridian City Council Workshop December 14, 2010 Page 34 of 44 these initiatives out of the way or at least started in the process, because I know the company well enough they would be looking for these items. Have you started this. Have you thought about this. So, everything we have done since May has been in preparation for the strategic plan development. We have selected the company, Emergency Services Consulting International, also known as ESCI, they have completed numerous strategic plans for the fire service since 1976 and some of you remember we did one in 2000 using the same company. I actually got that book out of the -- out of the office and looked through that one recently here. We are currently in the process of finalizing the contract between ESCI and the city so we can bring it to you for approval. We have agreed to the scope and the timelines and so I wanted to review that briefly with you. As far as the scope goes, there is going to be four phases to our strategic plan development. The first phase is project preparation. This is, basically, gathering the leg work, the paperwork to get to them so they can review where we are at today and, then, the project initiation and scheduling, part of that project preparation is identifying who is going to be involved in the process itself. Phase two is our customer centered environment assessment and this is one of the options we had in the strategic plan. They called me and said do you want the public's involvement. I knew where the city would stand on that and I certainly knew where I stood on that and they answered it absolutely. And we are not just looking for folks that are going to come in and be supporters of the fire service. I want to hear from folks who may be have a different opinion than what we would do, so that we can -- we can identify their needs and their issues. The goal is to make sure that our agenda in moving forward in the next five years meets what the public wants to see as well. The ESCI will coordinate the public meeting, the assessment of customer needs and expectations. We, then, move into plan -- or phase three, which is the planning workshop, division mission and values and I will tell you that that task three is very near and dear to my heart. I want to make sure we have a mission statement that every member of our organization knows, but it also means something and this is something that the Mayor and I talked about again in the interview process. So, we will be working through those. the internal and external assessments. So, the stakeholder groups really is where this -- what we are talking about the stakeholder groups and my intent is to involve certainly not only the elected officials, but other department -- city department representative, as well as our allied agencies, because I know when we do something here in Meridian it could have an effect on Star or Boise or Eagle and we want to make sure that where we are going fits in line with the bigger scheme of a system and system development. We will make sure that we have the right stakeholders at the table and outline the goals and objectives and, then, lastly, the performance measurements. How are we going to measure ourselves four years down the road, three years down the road, or five years down the road. The last phase is the publishment of the strategic plan. My intent there is to have one at every dining room table and every fire station, so that every member of our organization certainly can pick it up and know where we are heading in the next five years without question. Also, in every elected official's desk and every other city department, so that they can look at that as well. We want to make sure we share this document, not keep it to ourselves. And, lastly, in closing, I wanted to share something with you and as you -- as you may or may not know we are in the process of doing 360 degree evaluations here in the city and this is something I strongly Meridian City Council Workshop December 14, 2010 Page 35 of 44 support. I think it's a great personal and professional development tool. This was a comment that was in mine and I really appreciated this comment, I just loved it and I shared it with my staff. The question really centered around, essentially, where is the department going, where are you going, and this comment was I think he and we are still defining how we are going to raise the bar and I can tell you we have identified the areas of impact, areas of focus and we said these things are going to help us raise the bar, but I will tell you, this is a great place for me to be in, I think, for our department to be, because it's the excitement of coming to work every day, not necessarily knowing what's around the corner and that's what I find is that new ideas come forward, new processes come forward every single day through suggestions of our members, through suggestions of the administration team and it's a great place to be. With that I would stand for any questions. de Weerd: Council, any questions? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I don't have any questions -- de Weerd: Do you want to move your microphone? Bird: Oh, I'm sorry. I don't have a question, I just got a comment. I appreciate this. Very very nice. The department is going forward, doing a good job, so I appreciate your presentation. It was very professional. Niemeyer: Thank you. Bird: Thank you. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: You mentioned your website and my question is does the website have a process that encourages comment, criticism, or other correspondence with those folks that do bring it up, to provide you with maybe another way of doing something that you're training your folks? Niemeyer: That's in the process, Councilman Rountree. The developers of that website, Steve Hays and Brandon Erickson, this is something they have done on their own time, but they are in the process of a -- of a -- not a blog, that's not the right word, but a feedback loop, a feedback section. Anytime you have that -- that mechanism, certainly you have to temper it or you have to monitor it to make sure that it's Meridian City Council Workshop December 14, 2010 Page 36 of 44 professional. We certainly don't want anything on there. But they are working on that as far as that feedback mechanism within the website, yes. Rountree: And you talked about your initiatives, task books, and expectancy manuals and that sort of thing. What kind of matrix do you have associated with those? Do you have tests? Do you have refreshers? Or is it -- if somebody passed the test and in the field they don't respond appropriately, how do you deal with those? Niemeyer: Yeah. And that's really where the training and the focus on those core principals are defined and not just doing it once, but repeating that. You know, part of the problem in training is that we can focus on something today and we may not hit it again for another year and a half and when we talk about those high risk, low frequency occurrences, we want to make sure the training is ongoing and repeated. So, we do have -- to give you an example, we have identified with a certain core principal the components within that -- that core and they are all listed out and so as we go through with our training officer or Chief Johnson or whoever is going to be overseeing that particular day, we make sure we are checking the boxes and if we don't we get together with the employee, sit down, identify the areas where there may have been some deficiency and, then, retest and with most of our stuff, especially with the firefighter one task book, it is a timed event, so we want to make sure that we can perform that -- if it says two minutes, it's two minutes and not seven or eight or nine, because those are the areas where we don't have time to think and so we have identified those -- those critical components within each core task, if you will. Rountree: So, .are these activities or responses included in the various employee's PADs? Niemeyer: Not yet. We haven't rolled this -- we are just now starting to roll it out. Rountree: Okay. Niemeyer: But the expectation will be to complete your task book within a certain time frame. Some of it can be done at the station as a company, some of it will be done at our training grounds. We are going to use multiple methods to get that done. Rountree: You indicated you encouraged -- you're encouraging degrees and I'm not sure what the means. Niemeyer: Well, right now there is not a requirement for men and women in the fire service to have a degree. Knowing that it's going that way and I believe that we can stand and say we are in support of higher education. So, therefore, right now it's an encouragement. Hopefully in the future in the fire service nationally it will become the norm, but it's not yet. Rountree: Now, is that something the city itself is participating in through its training process? Meridian City Council Workshop December 14, 2010 Page 37 of 44 Niemeyer: Yes. All the members of the department have been sent the process for -- you know, the city does offer some tuition reimbursement. That's agreat -- that's a great asset. Rountree: Okay. And, finally, your effort with consultant developed strategic plan, stay close to it. You have some really good resources right here. They can help you wade through some of the stuff that you're going to be told and probably not necessarily either understand or want and it can be baffling, particularly when you're dealing with a consultant who -- how has done a lot of these in different sorts of ways, because you're going to get what's in vogue today and it may not really be what you want. So, I just caution. Stay close and use your peers in the city that have some extensive background in strategic planning as a sounding board. Niemeyer: Very good advice. Rountree: But I recommend that if you're not comfortable with taking the task on yourself, that the consultant is probably the way to go. I would request that you put in a piece of that in probably part of your leadership training, so you can take it on in the future. Niemeyer: Exactly. Rountree: Because it will be endorsed and it will be understood by your folks if you do it internally. It will be theirs. Niemeyer: I agree. de Weerd: Good points. Additional comments? Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: Quick comment. Just to thank the chief for what you're doing, you're bringing a lot of great energy and ideas and looking for ideas from your team and that's a great thing, you're taking a department that's very good and making it better. There is always room for improvement. I'm excited to see where -- you talk about firefighting as a profession, not a trade, and whether it's a college degree or not, that mind set of this is what we do and we are going to do it the best of our ability and that benefits everybody, as well as the team concept. Firevids.com, great idea. Kudos to the folks who got that up and going. Perhaps you can find a way to make money off of it, hey, that's even better. And we will probably look for you on Facebook next, right, for the Meridian Fire Department. Niemeyer: Absolutely. The following is a summary of the five year facilities capital improvement plan for the City as a whole. To Be Added ASSUMPTIONS AND PROCESS The City of Meridian experienced strong residential growth starting in the early 1990's. This residential growth peaked in 2006 and declined through the end of the decade. The residential growth was followed by a spurt of commercial activity. This growth meant a period of roughly 15 years that required the City consistently expand City services for a growing population. Service expansion included capital construction. Much of this new construction was financed through growth generated revenue. Since 2007 Meridian's growth rate decreased significantly in keeping with the rest of the country. The funding assumptions used in this report mirror development and population growth of the most recent three years forward for the next five years. For example, new development for calendar year 2006 in the City had a taxable value of $679,000,000, while in 2009, the value dropped to $143,000,000. This report uses a very conservative new construction and development year to year recovery increase of I%. The base budgets of both the General Fund and the Enterprise Fund have grown in accordance with the need to service an increasing population. For the period FY2003 through FY2010 the General Fund personnel budget increased from fiscal year to fiscal year an average of 15% and the operating budget grew an average of 29%. In this forecast a growth rate of 3% is used except when a specific capital event impacts operating costs as in the case of opening a new fire station. The forecast assumes lack of changes in the population which means base costs do not need to be increased beyond a nominal level. Enterprise audited operating costs (personnel, other services, deprecation, supplies and energy) experienced an annual average increase of 14% during the last decade. N Another expense for the Enterprise Fund is the transfer of part of General Fund Administrative costs (accounting, information technology and human resources). In FY2000 the transfer was $130,000 dollars, in FY2010 it was $1.1 million dollars. However this forecast uses a rate increase of 5% for Enterprise Fund personnel and operating expense reflecting the absence of need to ramp up staff further during this period of stagnate growth. It is inevitable that new programs may be required or desired that increase the base of both funds or that the City will experience growth it cannot sustain with current staffing levels. The forecast and accompanying plans will be reviewed annually and updated to reflect changing conditions and regulations. Process to be added CITY UTILITIES The enterprise fund activities of the City are managed like business entities. Meridian's enterprise operations provide water and sewer services. The operations of these utilities are supported by user fees and charges. OVERVIEW The City Engineering Department oversees construction, operation and maintenance of the City's Water and Waste Water Treatment Plant facilities and operations. The City Engineering Department also• oversees the Building Department. The Building Department issues building permits and conducts inspections for a variety of residential and commercial building and remodel applications. The Engineering Division and Building Development Services are housed in City Hall. The Building, Engineering, Administrative Divisions of Public Works have grown from 20 employees at the date of the last report in the spring of 2007 to 40 approved employees at the start of 2009. This growth is a combination of reorganizing and new positions. Public Works Administration also includes five contract trade inspection companies employing up to 14 inspectors (depending on permit activity). ST IPPT Y All of the City of Meridian's water comes from ground water. The City completed a Water System Master Plan in 2006 to identify future water supply, distribution, and storage needs. The City has been involved in the Snake River Basin (water rights) Adjudication (Basin 63) to protect pre -1987 water rights. This extremely complex and contentious issue will continue to be at the forefront of the Water Division's focus for years to come. Meridian City Council Workshop December 14, 2010 Page 38 of 44 Hoaglun: Okay. Rountree: Are you going to start tweeting, too? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I just wanted to comment this is exciting and things are happening and I think that's cool. Thank you for your presentation. Niemeyer: Absolutely. de Weerd: Well, we appreciate all of those in attendance. Sitting through one of our meetings is not always easy, but we appreciate you being here this evening and certainly we are eager to see the direction that the team takes the department. We have been extremely proud of our fire service and the pursuit of how you can be even better is always an exciting one. It's changed and change is sometimes not always fully embraced, but we appreciate the commitment and the leadership and -- and how you have engaged and tapped into the talent that has just been waiting and eager to be a part of it. So, thank you, chief, we appreciate you and the team for being here this evening. Thank you. Do any of your team have comments they want to make? Niemeyer: Now is your chance. Rountree: They can stay and see how we treat Joe. C. Fire Department: Adoption of the 2009 International Fire Code de Weerd: He gets the real fun stuff. Okay. The next item on our agenda is Item 9-C, which is the Fire Department adoption of the 2009 International Fire Code. Joe. Silva: Mayor, Members of the Council, this evening I want to try to give you a brief overview of what we are working on in terms of the proposal for adopting the International Fire Code, the 2009 International Fire Code in the City of Meridian and I want to kind of preface my comments by saying we did take this to the BCA this afternoon and it was well received by them. The single question that they had was how we were going to treat buildings in the rural district that didn't have a water supply and so I respond to that by saying we are probably going to have to try to divide that fire component with sheetrock, so it's going to be kind of difficult and we are -- with the fire sprinkler issue. But adopting the International Fire Code, it's a family of codes that we are going to be adopting and, obviously, we had the development services in this afternoon discussing that kind of briefly, giving an overview of what they are proposing to do. But, number one, it does maintain the life safety of the occupants of the building and this becomes more important as we have larger and taller buildings in our Meridian City Council Workshop December 14, 2010 Page 39 of 44 community and provides for the safety of emergency responders. We will talk about that a little bit further along. One of the benefits of utilizing the International Fire Code and amongst the family of codes is when we talk to design teams from national companies on the phone it's -- it's easy to communicate what our design criteria are for buildings in the City of Meridian and it's also, obviously, identified as a best, you know, industry standard, best practice. So, significant changes. One of the things we requested in our local amendment -- and it's going to be contained in the building code adoption, but at the request of the fire department is we have had a problem associated with having the ability to get stretchers into the elevators that are contained in two and three story buildings and in researching it we realize there was deficiency in the code as printed and what we are going to request Council to do is support our request for incorporating our local amendment into our building code adoption that will require a larger elevator to be put in buildings two or more stories -- or two or more levels up or down to accommodate, you know, patient care in the elevator. Part of the problem associated with that -- we can't get an -- when we get in the elevator -- these smaller elevators down and we have a person that we are doing CPR on, we can't adequately perform CPR efficiently in these small elevators and that's why we are requesting for this local amendment to correct that issue. It basically kind of just real quickly it will take -- the elevator will be seven feet four inches in width and that will allow the stretcher to be put in there in a flat position and our paramedics and the attending medics from the other agencies to assist us and we will have enough room in there to do that. In keeping with the request -- or I should say the legislative action of the Idaho state legislature this past legislative session, our local adoption document does reflect the requirement not to have sprinklers in one or two family dwellings. So, we have reflected that in our local amendment. One of the new things that are going to be in the new International Fire Code's 2009 is -- one of the problems we have had with our radio systems as they have converted from analog to digital systems is the penetration of the radio signal into a building and out of the building and Appendix J just requires an amplification system when its warranted to be installed in the building to improve that signal both in and out. And so we are going to request that that local appendix -- that appendix be adopted into our local amendment. So, with that, it was just a brief overview. If you should have any questions, please, you know, don't hesitate to contact us. I know you have a very full agenda and I was encouraged to keep our presentation short this evening. de Weerd: We anticipated a full evening and so we took care of business earlier. Council, questions? Mr. Rountree. Rountree: Joe, you indicated that -- on the radio that national fire, that it would be required when its warranted. How was that to be determined? Silva: In this Appendix J there is the test criteria that it's done by an FCC certified technician to determine the necessity of having that system installed in the building. So, it's really never -- you're never able to determine that until the building is actually erected. I mean some of them can be easily anticipated that we are going to need an Meridian City Council Workshop December 14, 2010 Page 40 of 44 amplification system, but. this Appendix J outlines that process that that technician needs to test for to make sure we have adequate strength in and out of the building. Rountree: So, how do we handle that in a building permitting or process when it's, essentially, after the fact that we know. Silva: It will be included in the planned review comments that testing process will be conducted while the building is being erected. Rountree: And you also identified the elevators as being an issue and you gave a measurement of seven foot four inches. Is that an industrial standard? Is that something that would have to be fabricated for Meridian? That's something that's off the shelf or something bigger? Silva: Yes. Rountree: Okay. Silva: Madam Mayor, Councilman Rountree, when you go from the very smallest elevator available the next size up is that one that will accommodate that stretcher. So, it's an industry standard. And just the one other thing you have just kind of reminded me of is that that will -- that increase in cost will be on a one million dollar project, for example, it would be one tenths of one percent. So, it's pretty minimal in terms of the overall impact on most projects. And I actually shared that with BCA and there was really no concerns, but we are also going to take that to the Associated General Contractors, because that would be the group that's most directly affected and I have made attempts -- a couple attempts to contact the executive director, he's been out of town. Rountree: Okay. Hoaglun: Madam Mayor, question for Joe. On the elevator issue, it's required now in buildings four stories or higher. In Meridian that would be two or more stories in going up. If a two story building does not have an elevator, would, then, the elevator be required? Silva: No. This would be -- all buildings multi level are required, up or down. So, this is going to be -- you know, except like four-plexes, which have just got a common, you know, stairway -- I mean, obviously, you're not going to have elevators in situations like that. Hoaglun: Okay. Got it. Thank you. And Councilman Rountree asked my question I had on radio signal amplification, when that takes place, so I think we are square on that one. So, thank you. Meridian City Council Workshop December 14, 2010 Page 41 of 44 de Weerd: Any other questions, Council? Thank you, Joe. Now, next steps, will you be bringing this back also on January 25th at the same time the other code comes back? Okay. Silva: Madam Mayor, that's correct. We will be bringing back as part of a joint presentation and a part of that public hearing process for all the family of codes we will be looking at adopting. de Weerd: Okay. Silva: So, if you have any other questions for -- de Weerd: Per ordinance. Silva: Per ordinance. de Weerd: Correct? Silva: Correct. de Weerd: Okay. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Before the 25th you will get with AGC? Silva: Yes, sir. Bird: Because they are probably 90 percent of the builders of the ones affecting the elevators. Silva: Madam Mayor, Council Member Bird, that's correct. And I have made a couple of attempts to try to get ahold of him and he's been out of town. Rountree: Thanks, Joe. Bird: Thanks, Joe. D. Development Services Division: Adoption of the 2009 International Building Code, 2009 International Residential Code, 2009 International Energy Conservation Code, and updates to Plumbing, Mechanical, and Electrical Codes Vacated from agenda -Item moved to December 14, 2010 Special Meeting. Meridian City Council Workshop December 14, 2010 Page 42 of 44 E. Mayor's Office: Budget Amendment for Meridian's Promise Community Events for aNot-to-Exceed Amount of $5,000.00 Vacated from agenda -Item moved to December 14, 2010 Special Meeting. F. Planning Department: Budget Amendment to Convert Two Part Time Positions into One Full Time Position for aNot-to- Exceed Amount of $21,232.00 Vacated from agenda -Item moved to December 14, 2010 Special Meeting. G. Police Department: Animal Control Ordinance Updates Vacated from agenda -Item moved to December 14, 2010 Special Meeting. H. Public Works Department: Strategic Plan Discussion Continued to December 28, 2010 Public Works Department: Materials Management/Recycling Grant Submission to the Department of Environmental Quality (DEQ) Vacated from agenda -Item moved to December 14, 2010 Special Meeting. J. Legal Department: Discussion on Changes to Standard Operating Procedure Number 6.2.1 -Use of City Vehicles Vacated from agenda -Item moved to December 14, 2010 Special Meeting. K. Legal Department: Discussion on the City of Meridian Mailroom Operations and Procedures Vacated from agenda - Item moved to December 14, 2010 Special Meeting. L. Legal Department: Draft Ordinance No.: A Draft Ordinance of the City of Meridian Repealing and Replacing Ordinance No. 1458; Providing for a New Chapter, Chapter 7, of Title 2 of the Meridian City Code Relating to the Establishment, Duties and Powers, Membership, Meetings, and Hearing Procedures of the Board of Adjustment de Weerd: Okay. Thank you. Okay. Council? I think we are at the end of our agenda. Oh. We have Item 9-L, which is our legal department. Nary: Madam Mayor, Members of the Council, what is on your agenda tonight is a draft ordinance. It looks very cumbersome, but it's really not. If you recall a few months ago we created a board of adjustment, changed the configuration of the former board of appraisers. It costs per page to change the code through Sterling, our code service that Meridian City Council Workshop December 14, 2010 Page 43 of 44 we use. At the time we made the change we only changed the board of appraisers specifically for the water users. We found afterwards -- Sterling pointed out that there is -- there was a -- another reference to the board of appraisers in the sewer ordinance. So, rather than them making the change and, then, us changing it again and incurring an additional cost, we had them hold the publication of the change we already did, so that we could add the sewer user accounts as something else that could be heard by the board of adjustment and so it looks very cumbersome, it is a repeal and replace, but it's because we never actually implemented the last one, because of this. So, all that's really being added is the new information regarding sewer users. Everything else is exactly the same as you previously had approved, so although it looks very cumbersome, it really isn't, it really was just meant to save some cost and do it all efficiently at once and so the repeal and replace would be a cleaner way of doing that. So, that's what's in front of you. If you find it to be adequate we can put it on next week for approval and get it passed and be done with it, so -- never to see it again. Or until we need to fix it again, so -- never to see it again right away. de Weerd: Amen. Rountree: Let's move forward with it. de Weerd: Okay. Well, thank you. Council, we are at the end of our agenda. Oh. And before I entertain a motion to adjourn, I would like to thank the -- I suppose you're high school students getting extra credit for class. Thank you for staying with us to the very end and we will have City of Meridian pins for you for your tenacity in staying until the end. So, thank you. Zaremba: And the City Clerk has to put the stamp on your forehead, so -- Nary: Madam Mayor? Madam Mayor, Members of the Council, just for your record -- and it doesn't appear anybody else is here that wanted to talk to any of the items that have been moved. I think you raised it earlier, but just so the record is clear, there isn't anyone else here for those items, too, so -- de Weerd: Thank you. Okay. Council, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. de Weerd: All those in favor? All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Thank you. MEETING ADJOURNED AT 8:04 P.M. Meridian City Council Workshop December 14, 2010 Page 44 of 44 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) /" ~ ; ,_/ ~' '~ f ~~~7L~ C-GC~„ E MAYOR MY de WEERD °~~w ~\ ~' ST'~ ~ o ~ ~~ S;E1~iL - - ~ ~G R~ ~ \ ~~~''%q covrvr~ ~ `°Q~'~~\ DATE APPROVED HOLMAN, CITY CLERK Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: JFI~ PROJECT NUMBER: RZ 10-006 ITEM TITLE: Somerton Subdivison Findings of Fact, Conclusions of Law for Approval: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C- C (Community Business) Zoning District MEETING NOTES ~~~ 1 r~ v CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS to-~ ~a- ~~ --- ~a- ~~ C-ma~i~d ~ M~~ ~~ '" / Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: 5B PROJECT NUMBER: PP 10-006 ITEM TITLE: Somerton Subdivison Findings of Fact, Conclusions of Law for Approval: PP 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Preliminary Plat Approval of 5 Building Lots on 13.19 Acres MEETING NOTES Findings in the RZ 10-006 File CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS la- ~~ fa-l~ ~a-~~ s~ ~ecr~ ~--lcl~i, `~ Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: 5C PROJECT NUMBER: CUP 10-011 ITEM TITLE: Somelton Subdivison Findings of Fact, Conclusions of Law for Approval: CUP 10-O1 l Fast Eddy's Chevron Convenience Store by ST Investments Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Conditional Use Permit Approval of a Convenience Store, Fuel Sales Facility, Vehicle Washing Facility, Quick Lute and Drive Thru in a Proposed C-C Zoning District MEETING NOTES Findings in the RZ 10-006 File CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS la^~~ ta-~~ fa-~~ `~ ~ ~G ~~ Meridian City Council Meeting DATE: December 14, 2010. ITEM NUMBER: 5D PROJECT NUMBER: FP 10-009 ITEM TITLE: Somerton Subdivison Final Order for Approval: FP 10-009 Somerton Business Park Subdivision No. 1 by Overland 16, LLC Located on Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Final Plat Approval Consisting of Two (2) Commercial Building Lots on 3.9 Acres of Land MEETING NOTES Findings in the RZ 10-006 File CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ _ ~~ ~~ ~~~- r- ~a- ~ ~- ~ mA,~ ~d -~O sec ~ - Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Corrected Sanitary Sewer Main Easement with DBSI Tanana Valley, LLC for the Construction and Maintenance of the Victory Road Connector Trunk Sewer MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT `moo ~ record" ~a- ~~ - ~- aY l Gj 1 Ir'La1 I ~TL7 V -'l~K~..~ -- I a - I (~ (a- ~ 6 --- ~t~p -~ ~h ~ Seat ~ ~ t~s I ~~i~E IDIAN~- Public ~ DA H O 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: December 9, 2010 SUBJECT: CORRECTED SANITARY SEWER MAIN EASEMENT WITH DBSI TANANA VALLEY, LLC FOR THE CONSTRUCTION AND MAINTENANCE OF THE VICTORY ROAD CONNECTOR TRUNK SEWER (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Corrected Sanitary Sewer Main Easement with DBSI TANANA VALLEY, LLC for the construction and maintenance of the Victory Road Connector Trunk Sewer; and 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS John Boyd, (Project Manager) ...................................................................489-0347 Clint Dolsby, Assistant City Engineer ........................................................489-0341 Warren Stewart, Engineering Manager .......................................................489-0350 Tom Barry, Director of Public Works .........................................................489-0372 Page 1 of 2 III. DESCRIPTION A. Background The proposed Public Works project consists of constructing a connecting segment of the Black Cat sewer trunkline, approximately 2,600 feet along Victory Road, east of Meridian Road. The sewer main is being constructed outside the presently dedicated Right of Way and therefore requires an easement to allow future access and maintenance of the sewer main once it is constructed. The original permanent easement for the trunk sewer line did not cover the necessary area to allow entry nor maintenance in the future, requiring the acquisition of a new, corrected sanitary sewer and water main easement which is presented here. IV. B. Proposed Easement The proposed corrected easement will allow Public Works Staff to access the sewer trunkline area for maintenance or repairs once it has been constructed. IMPACT A. FiscalImnact: This easement agreement holds no monetary exchanges between the City of Meridian and DBSI Tanana Valley LLC. V. VI. TIME CONSTRAINTS A. Council's approval of the agreement is critical for the construction of the new sewer line. The sewer trunkline cannot be constructed within the present recorded easement. LIST OF ATTACHMENTS A. Sanitary Sewer and Water Main Easement Approved for Council Agenda: l? ~ s~ Date Page 2 oJ2 ADA COUNiY RECORDER J. DAVID NAVARRO AMOUNT .00 F 8018E IDAN01?116/10 11:36 AM DEPUTY Wee Seri RECORDED-REQUEST of III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II Merid(an CNy i 10117886 CORRECTED SANITARY SEWER EASEMENT THIS INDENTURE, made this ~ day of December, 2010 between DBSI TANANA VALLEY LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time '"`~ by the Grantee; WHEREAS, the Grantor previously executed and delivered to Grantee a Sanitary Sewer Main Easement dated June 22, 2010, which document was recorded with the Ada County Recorder on June 23, 2010 as Document #110057968; WHEREAS, the Parties have determined that the legal description attached to the recorded document did not properly describe the easement and that this Corrected Sanitary Sewer Easement should be recorded to correct the legal description and supersede, in its' entirety, the above-referenced Sanitary Sewer Main Easement; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) T'he easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. Sewer Main Easement Revised DBSI perm easement 11-19-10.docx IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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 aze 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: Conrad Myers, Trustee of the DB I Real Estate Liquidating Trust; Sole member DBSI Tanana Valley LLC STATE OF C~ R~~~ ) ss County of ~U,st~hrt-4~'~ ) ,.~, On this ~~ day of ~Q.C~~-~ , 20~Q, before me, the undersigned, a Notary Public in and for said State, personally appeazed and Conrad ~`'~ y -2,~ s . ,known or identified to me to be the Trustee of the DBSI Real Estate Liquidating Trust that executed the within instrument, and Sewer Main Easement Revised DBSI perm easement 11-19-10.docx acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. OFFICIAL SEAL CARRISA R RAMSDELL S ~ C~.~l ~~ NOTARY PUBLIC-OREGON NOTARY PUBLIC FOR W COMMISSION N0.430672 MY COMMISSION EXPIRES JULY 15, 2012 Commission Expires: GRANTEE: CITY OF MERIDIA ~ . Tamm eerd, Mayor G ~~a~rFa ' Y SEAL M .~1, st b J cee L. Holman, City Cler1~ Gc '~~ ~Q 3' y : '9~ ~T 1S"~ ' .. ~ Q` ` Approved By City Council On: ,/~' ~ C ' ~ `~~` ~~D ir~niiii ii~N" STATE OF IDAHO ) ss County of Ada ) On this ! `~~ day of, ~fPm r~ , 2010 ,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. ...... .•••1CA dp~. •~~o --- 5; "~ TA~,~,~;~ r-~, ~ ; . ~ , • • ~ . i 1` • ~,~ • •. F OF I~;'.• Sewer Main Easement • • • • • • easement 11-19-10.docx N ARY PU O IDAHO Residing at: o+-/~ Commission Expires: >>w_~ ~~ Revised DBSI perm /-~ ~~ . ~~~u~s~ Projiec~,;.•~ 10-050 Date: November 24, 2010 EXHIBIT A PARCEL DESCRIPTION PERMANENT UTILITY EASEMENT J-U-B ENGINEERS, Inc. ENGINEERS • Sl1RVEY0 'PLANNE'RS Regional Office 115 Northsstar Avenue Twin Falls,lD 83301 208-733-2414 Fax: 208-733-9455 www.jub.com That portion of the North y4 of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest comer of Section 30 from which the north quarter corner of said Section 30 bears North 89'42'09" East, 2450.83 feet; THENCE along said section line North 89'42'09" East, 127.52 feet to a point coincident with the projected easterly boundary of an existing permanent easement and being the POINT OF BEGINNING; THENCE continuing North 89'42'09" East along said section line, 2,323.31 feet to the North'/ comer of Section 30; THENCE continuing North 89'42'09° East along said section line, 220.13 feet to the northwest comer of Record of Survey. Instrument Number 8050506; THENCE South 00' 1T51" East, 48.00 feet along the westerly boundary of said Record of Survey; THENCE South 89'42'09" West parallel with and 48.00 feet distant from the northerly bo~xtdary of said Section 30, 220.13 feet to the North-South center line of said section; THENCE South 89'42'09" West parallel with and 48.00 feet distant from the northerly boundary of said Section 30, 2,256.45 feet; THENCE South 71'25'22" West, 70.79 feet to the southeast corner of an existing permanent easement; THENCE along the easterly boundary of said easement, North 00'00'00" East, 29.30 feet, to the northeast corner of said easement and the southerly Right-of-Way of Victory Road; THENCE continuing along said line North 00'00'00" East, 40.90 feet to a point on the north botmdary of said Section 30 and the POINT OF BEGINNING. The above described parcel contains 2.82 acres, more or less. Prepared by: J-U-B Engineers, Inc. R. Thomas Ruby ~'"~ ~. N dz~ °o co W ~ ~ .~ o I. Z ~ i~ M Q ~ N ~ ~ °a M- M~~ Z Z O M a~ ~~~ ~3~ O - ~M W ~ ~ OG ~°D ~ N vs ~ ~ < < ~, o ~ f- w z J W W U ? W W N Q ~ - ~ W J F W ~ W Z ~ ~ U p, DC I W ~ Z I I ~ O a ~ I I ~ I I I I I f N U O a ~ ~ ~ O ~ ,n U I N ~~ I 3 ~ ~ ~ M ~o w ( ~ . ? ~ N ~ ~ ~ m W Of ~ ~M ~ N N t/1 ~ Z ~ ~I ~ I Z Z ( Z ' C~ W m W O ~ O ~ ~~ O n N a Z L N N^ g ~° O M ~ O Z UMW ~.. (A S (W.9 Vf Z .rZ ~O H rl W W ~ a~ N ~~ W W -M/ tJ dd02~ N`dl(]l213W 0 0 2 O ~3 p ~~ ~ 5 za ~ ~Z ~'~ ~ a O U m F- m W 4~ ~~ Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Service Agreement between the City of Meridian and St. Luke's Regional Medical Center, Ltd. for Wellness Services MEETING NOTES A CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~a ~~~ ~a - ~~ ar ~a ~ Y,o.~ ~ 15h~~~ ~ ~~ ~~ ~ ~ St. Luke's Regional Medical Center, Ltd., Service Agreement This Agreement Is made as of October 1, 2010 (the "Effective Date's by and between St. Luke's Regional Medical Center, Ltd., an Idaho non-profit corporation ("SLRMC") and The City of Meridian ("Client'). WHEREAS, SLRMC is a healthcare delivery system that offers programs and services, including Hospital and Physician Services, Occupational Health and Wellness Services, and, WHEREAS, Client, is a municipality organized under the laws of the State of Idaho; and, WHEREAS, SLRMC and Client desire to work together to create a long term plan to improve the health and well being of Client's employees through workplace assessment, wellness screenings, health promotion services and occupational health services, including injury assessment, treatment and case management; NOW THEREFORE, in consideration of the foregoing recitals and mutual covenants, agreements, and representations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Duties of SLRMC a. SLRMC will provide the services outlined in Exhibit "A" ("Occupational Services") and Exhibit "B" ('Wellness Services") attached hereto and incorporated herein. b. SLRMC will designate a key contact in the Occupational Health service area to serve as liaison for the services. c. SLRMC will designate a key contact in the Wellness service area to serve as liaison for the services. d. SLRMC will invoice Client on the 1st day of each month for services rendered during the prior months or as ~ services are provided. Duties of Client: a. Client agrees to engage managerial support of the services. b. Client will designate a key contact in the Occupational Health services area to serve as liaison for such SeNIC@S. c. Client agrees to designate St. Luke's Occupational Health Department and Health Solutions Departments, divisions of SLRMC, as the provider of occupational health and wellness services to Client's employees. III. Fees/Compensation: a. Client agrees to pay for services performed under this Agreement at rates identified on Exhibit "A" and Exhibit "B", within thirty (30) days of receipt of an invoice. Fees for services not itemized in Exhibits "A"and "B" will be charged at SLRMC's standard rates in effect at the time services are performed. Said fees shall be those charged by SLRMC to other customers under similar circumstances. b. Client agrees to pay interest in the amount of one and a half percent (1 '~%) per month or the maximum amount permitted by law, whichever is less, on all unpaid balances forty-five (45) days past due. IV. Requirement of liability and other Insurance and ability of either party to request certificates of insurance: a. SLRMC agrees to maintain in force during the term of this Agreement general liability insurance sufficient to cover the obligations assumed under this Agreement with minimum limits of one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate. This duty shall survive the termination of this Agreement. Such insurance shall be provided by insurance company licensed to conduct business in the State of Idaho. ,...~ b. Client agrees to maintain in force during the term of this Agreement general liability insurance sufficient to cover the obligations assumed under this Agreement; minimum limfts of five hundred thousand dollars ($500,000.00) per occurrence as required by law. This duty shall survive the termination of this Agreement. Such insurance shall be provided by insurance company licensed to conduct business in the State of Idaho. SERVICE AGREEMENT - 1 Client:1478010.4 021910 1200 090111 ~'"~ ~~ Exhibit B Wellness Services Our Personal Wellness ProN/e (PWP) is a powerful asses t t l smen oo used to evaluate health status, identify risk factors, and highlight Personal Wellness Profile areas for improvement. The assessment addresses personal medical history, nutrition, exercise habits mental health f t , , sa e y practices and lifestyle choices. The online PWP allows individuals ease of $30/participant accessibility and confidentiality. In addition to the assessment, biometrics measures such as blood Included in above Health Screenings Pressure, height, weight, waist and hip circumferences as well as laboratory tests including cholesterol HDL LDL t i l td pricing , , , r g ycer es and glucose. The Personal Wellness Profile Report provides an overall Wellness Included in above score and helps participants understand their modifiable health risk factors. This comprehensive report provides preventive acti pricing Individual Reports ons and recommendations for positive behavior changes such as exercise, nutrition, weight loss, stress management tobacco ti , cessa on and injury prevention. The Online Report incorporates links to helpful resources addressing corona and cancer risk, nutrition, fitness, stress and more. The Executive Summary Report prioritizes health risk f t ac ors and offers recommendations for health Improvement programs based on Included in above pricing group needs. Management Reports The Productivity and Economic Benefits Report shows the relationship between the number of health risk factors and their effect on medical claims, productivity and absenteeism and forecasts potential health savings relative to risk reduction goals. RN Follow-Up It is our practice to identify and contact any individual who is at elevated risk for disease. All participants will have the opportunity for Included in above Pricing follow-up with a Registered Nurse by calling the number provided with their individual re rts. The designated Wellness Coordinator will be responsible for the development, implementation, and evaluation of the Phase 1& 2 programming recommendations. This would include all elements of: • Cultural Assessments and Senior Level Management Engagement Onsite Policy & Environmental Assessments $8960/year Wellness Coordinator Coordination and implementation of the Personal Wellness Profile & Health Screenings • Assessment and Integration of Health benefits Plan Design • Development, implementation and evaluation of all Health Promotion Programs • Incentive recommendation and product research • Development and implementation of Metrics and Reporting outcomes Health Professionals from various specialties will be made available Included in above _ throughout the year to provide one-on-one consults, presentations as Pricing Health Professionals , well as assistance with program development. The calendar of events will reflect the pre-determined programs/services each health care professional will provide. If new program ideas arise throughout the wellness year, schedules and availability wail be adjusted to accommodate the needs. SERVICE AGREEMENT - 7 Client:1478010.4 021910 1200 090111 ~"~~ r"-'r Incentive programs are targeted intervention programs with the goal of positive behavior change. These morale- boosting programs $300 per program support a culture of health & wellness, provide an opportunity for plus $7.00/participant education as well as engage individuals in behavior change process. Wellness Challenges The type of program will be derived from the outcome of the PWP and Health screening and/or interest survey. Programs can be focused on weight loss, improved fitness, nutrition, healthy holiday habits, etc. These programs are web-based and self-directed. They include team support, program materials and education, friendly competition and usual) include an incentive for successful com lotion. Development and monthly update of a co-branded wellness website $50/month that is accessible through the organizations Intranet home page. The website will include the following features: • Monthly Health Focus Website Healthwise Knowledgebase • "Know Your Numbers" Video Presentation • Diabetes and Low Back Pain management modules • Symptom checker • Drug Interaction Checker • Health reci es and nutritional information Staffed by registered nurses, we provide health advice and $0.50/pepm information 24 hours a day, 7 days a week. Our nurses can assist employees with any medical concerns and when necessary, direct Nurse Catl-Une then to a physician or medical facility. The RN's will also provide follow-up to the PWP and Health Screening program. For non-urgent care, our resource specialists will assist your employees in finding a healthcare provider that is conveniently located and meets their ersonal needs. It is recommended to designate $2500, or another determined $2500 Incentive Reserve amount, to the wellness budget to fund a reserve pool for cash incentives for program participants. Direction of how funds are a ro rioted will derive from the wellness committee. SERVICE AGREEMENT - 8 021910 1200 090111 Client:147f3010.4 St. Luke's Regional Medical Center, Ltd., Service Agreement This Agreement is made as of October 1, 2010 (the "Effective Date") by and between St. Luke's Regional Medical Center, Ltd., an Idaho non-profit corporation ("SLRMC") and The City of Meridian ("Client"). WHEREAS, SLRMC is a healthcare delivery system that offers programs and services, including Hospital and Physician Services, Occupational Health and Wellness Services, and, WHEREAS, Client, is a municipality organized under the laws of the State of Idaho; and, WHEREAS, SLRMC and Client desire to work together to create a long term plan to improve the health and well being of Client's employees through workplace assessment, wellness screenings, health promotion services and occupational health services, including Injury assessment, treatment and case management; NOW THEREFORE, inconsideration of the foregoing recitals and mutual covenants, agreements, and representations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: I. Duties of SLRMC a. SLRMC wilt provide the services outlined in Exhibit "A" ("Occupational Services' and Exhibit "B" ("Wellness Services") attached hereto and incorporated herein. b. SLRMC will designate a key contact in the Occupational Health service area to serve as liaison for the services. c. SLRMC will designate a key contact in the Wellness service area to serve as liaison for the services. d. SLRMC will invoice Client on the 1st day of each month for services rendered during the prior months or as services are provided. Duties of Client: a. Client agrees to engage managerial support of the services. b. Client will designate a key contact in the Occupational Health services area to serve as liaison for such services. c. Client agrees to designate St. Luke's Occupational Health Department and Health Solutions Departments, divisions of SLRMC, as the provider of occupational health and wellness services to Client's employees. .111. Fees/Compensation: a. Client agrees to pay for services performed under this Agreement at rates identified on Exhibit "A" and Exhibit "B", within thirty (30) days of receipt of an invoice. Fees for services not itemized in Exhibits "A"and "B" will be charged at SLRMC's standard rates in effect at the time services are performed. Said fees shall be those charged by SLRMC to other customers under similar circumstances. b. Client agrees to pay interest in the amount of one and a half percent (1 'i~°~) per month or the maximum amount permitted by law, whichever is less, on all unpaid balances forty-five (45) days past due. IV. Requirement of liability and other Insurance and ability of either party to request certificates of Insurance: a. SLRMC agrees to maintain in force during the term of this Agreement general liability insurance sufficient to cover the obligations assumed under this Agreement with minimum limits of one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate. This duty shall survive the termination of this Agreement. Such insurance shall be provided by insurance company licensed to conduct business in the State of Idaho. ~ b. Client agrees to maintain in force during the term of this Agreement general liability insurance sufficient to cover the obligations assumed under this Agreement; minimum limits of five hundred thousand dollars ($500,000.00) per occurrence as required by law. This duty shall survive the termination of this Agreement. Such insurance shall be provided by insurance company licensed to conduct business in the State of Idaho. SERVICE AGREEMENT -1 Client:1478010.4 021910 1200 090111 c. A certificate of Insurance verifying insurance coverage shall be made available to either parties at the request of the other. Each party shall notify the other at least thirty (30) days in writing prior to cancellation, reduction or material change in coverage. In the event of insufficient coverage or lapse of coverage by one party, the other party reserves the right to terminate this Agreement. Tenn of Contract: This Agreement shall be valid beginning on the Effective Date and expiring on September 30, 2013, unless earlier terminated in accordance with the terms set forth in this Agreement. This Agreement may be renewed for a consecutive three year term by mutual Agreement of both parties. VI. Termination/Renewal Process: This Agreement may be terminated with or without cause, without penalty, at any time, by the following methods. a. End of Term: This Agreement shall automatically terminate at the end of the three year term (August 31, 2013) and may be renewed for an additional three (3) year term by mutual written agreement of the parties. b. Termination by Agreement: In the event SLRMC and Client shall mutually agree in writing, this Agreement may be terminated on the terms and date stipulated therein. c. Termination for Specific Breaches: In the event either party shall breach any provision of this Agreement, this Agreement may be terminated at the discretion of the non-breaching party upon 60 days' prior written notice, provided the breaching party fails to cure the breach within the sixty (60) day period d. Optional Termination: Elther party may terminate this Agreement, with or without cause, at any time, by providing at least ninety(90) days' written notice. e. Failure to Appropriate Funds: Inconformity with the provisions of Article VIII, Section 3 of the Idaho Constitution, in the event that the Client fails to make an annual appropriation of funds for the costs associated ~~ with this Agreement, Client may terminate this Agreement upon 30 days' prior written notice. Upon termination or expiration of this Agreement, neither party shall have any future obligation hereunder except for: (a) obligations accruing prior to the date of termination or expiration, and (b) obligations, promises, or covenants contained herein which are expressly made to extend beyond the term(s) of this Agreement. There shall be no other penalty for termination on either party. VII. Notice Provisions: Any notice required or permitted to be given by this Agreement shall be given post paid, first class, registered or cert'rfied mail, or by courier, properly addressed to the other Party at the respective address as show below: If to: St. Luke's Regional Medical Center 190 E. Bannock Street Boise, ID 83712 Attn: Employer Relations Department With a copy of any notice of default to: St. Luke's Regional Medical Center 190 E. Bannock Street Boise, ID 83712 Attn: General Counsel If to City of Meridian: City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Attn: City Clerk ,rte SERVICE AGREEMENT - 2 Client:1478010.4 021910 1200 090111 /~ VIII. Access to Records: To the extent Section 952 of the Omnibus Reconciliation Act of 1980 (Public Law 96-499) is found applicable to this Agreement, until the expiration of four years after the fumishing of service pursuant to this Agreement, both parties agree to make available upon written request to the Secretary of Health and Human Services, or upon request to the Comptroller General, or to any of their duly authorized representatives, this Agreement and books, documents and records that are necessary to certify the nature and extent of any costs of the services arising from this Agreement. Further, 'rf SLRMC carries out any of its duties arising from this Agreement through a subcontractor with a value or cost of Ten Thousand Dollars ($10,000) or more over a 12-month period, with a related organization, such subcontract shall contain a clause to the effect that until the expiration of four years after the fumishing of such services pursuant to such subcontract, the related organization shall make available, upon written request to the Secretary of Health and Human Services, or upon request to the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents and records of such organization that are necessary to certify the nature and extent of such costs. IX. Indemnification: intentionally omitted X. Non-discrimination: Neither party will discriminate in employment or provision of services with respect to age, race, color, gender religion, military status, sexual orientation and diagnosis, national origin, disability, or source of payment. XI. Assignment provisions: This Agreement shall not be assigned or transferred without the express written consent of both parties . XII. Independent Contractors: ~\ Nothing herein shall create, not be deemed to create, a partnership or an agency relationship between the parties and neither party is authorized to act on behalf of the other. In all matters pertaining to this Agreement, SLRMC shall be acting as an Independent contractor, and neither SLRMC nor any officer, employee or agent of SLRMC will be deemed an employee of Client. XIII. Confidentiality: During the course of this Agreement, Client and SLRMC may r~mmunicate certain information to each other, and/or the parties may come into contact with confidential proprietary information of each other, its affiliates, members, subsidiaries, or of other agencies in the context of the relationship described herein. This information may include, but not be limited to, individually identifiable medical information. Client and SLRMC shall: a. Treat all such information as proprietary and confidential whether or not identified as proprietary and confidential; b. Not disclose any such information or make available any reports, recommendations and/or work products which SLRMC produces for Client to any person, firm, or corporation, or use it in any manner whatsoever without the prior written consent of both parties or as may be required by law. c. Hold each other harmless, to the extent allowed by law, against any claims arising out of either parties disclosure of proprietary and confidential information to an unauthorized third party; and d. Promptly return or destroy any such information in its possession upon termination of this Agreement, or at written request of one to the other. Both SLRMC and Client agree that in the event either party breaches the provisions of this section, such breach would cause irreparable harm to the non-breaching party, and the non-breaching party would be entitled to injunctive and other equitable relief to remedy an actual breach. The obligations set forth in this paragraph shall survive the termination of this Agreement. XIV. Compliance with Laws and Regulatory Agencies: /'~\ In performing the duties required under this Agreement, Client and shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments, as well as Joint Commission on Accreditation of Healthcare Organization Standards. SERVICE AGREEMENT - 3 Client:ia78oio.a 021910 1200 090111 /"'~ XV. Governing LawNenue/Cholce of Law Provisions: This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Idaho, regardless of its choice of law provisions. Any dispute, controversy or other claim arising out of this Agreement shall be resolved in the State of Idaho in the Fourth Judicial District Court of Ada County. The parties each agree that they are subject to the personal jurisdiction of the state and federal courts within the State of Idaho, and each waives the right to challenge the personal jurisdiction of those courts. XVI. Validity: If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. XVII. Excluded Provider Warranty: Each party hereby represents and warrants that they are not and at no time have been excluded from participation in any federally funded health care program, including Medicare and Medicaid. The parties hereby agree to immediately notify each other, in writing, of any threatened, proposed, or actual exclusion from any federally funded health care program, Including Medicare and Medicaid. In the event that either party is excluded from participation in any federally funded health care program during the term of this Agreement that party is in breach of this Section, this Agreement shall, as of the effective date of such exclusion or breach, automatically terminate. XVIII. Merger Clause: This Agreement, including any incorporated exhibits, addendums, and attachments constitute the entire understanding of the parties with respect to its subject matter. This Agreement supersedes and terminates all prior or contemporaneous representations, warranties, and agreements, written or oral, regarding the subject matter of ~ this Agreement. Any modification to this Agreement must be in writing signed by both parties. XIX. Signature of Authorized Representatives: INTENDING TO BE LEGALLY BOUND, the authorized representatives of SLRMC and Client, having full authority to do so, agree to the terms and conditions of this Agreement and have executed this Agreement as of the Effective Date. Execution by the City of Meridian is acknowledgment that all necessary City Council approvals have been obtained. St. Luke's Regional Medical Center, Ltd., By: Name: ~ ~ Title: S /~ . C ~ 0 Date: __ ~~~ZL~ a i ~i Client Ci of Meridian i Name: Tamm Weerd Title: Mayor Date: 12 -1 ~ ' l o . y 0~ ~~~ ~,,~ .~~,~ ,9 ,J, ~. c)' a~ '-- ATTEST: City Clerk SERVICE AGREEMENT - 4 021910 1200 090111 ~~G~ rFO ~: 9G ,~M p ~. 'Y~ CST iS'~ ' `Z` '/~'~i,~9,COU~~ ```~O`~~~~\`\ Client:1478010.4 Exhibit A Occupational Health Services ~1 Occupational Health Services: The Occupational Health services included below provide Client with a comprehensive program of testing, immunizations, 24 hours injury treatment and case management to assist Client in managing expenses relating to worker health and on the job injuries. InJury Treatment -Provision of timely and appropriate responsiveness Subject to State Worker's Compensation to Client's employee needs and offer appropriate Fee Schedule. Schedule in subject treatment in an occupational medicine clinic headed increases determined by the State of Idaho. by a physician who specializes in occupational medicine -24 hour access to services through locations linkages to ensure continuous communication and su rt for after hour and emer en treatment. Case Coordination -Provision of an oxupational health case coordinator Included as part of injury treatment. to serve as point of contact for Client, employee and surety/administrator -Case coordinator shall be responsible to provide monitoring of Client employees' progress, arrange for treatments and procedures and communicate the necessary medical and return-to-work information to the Client employee, Client, and designated insurer. -Communication with Client via phone, fax, pager, e- mail and in person to keep all updated as to treatment plans, return to work strategies and "next step" information. Activity Status Report -Provision of activity status reports to the employee, Included as part of injury treatment. Client and designated surety/administrator. -Report shall outline diagnosis, treatment, and activity restriction, as well as recommended follow-u care. Forms and Information -Provision of referral forms that can be given to a Included as part of injury treatment. Client's employee prior to his/her appointment to expedite the case process handling. -Provision of education and written material on process for injury treatment, including talking point on designated provider, maps, etc. Other Services Provided -Respirator Certifications including Respiratory Continuation of services Questionnaire Review, and Spirometry (as needed). -Medical Evaluation -Hepatitis A -Hepatitis B -Tetanus / Di htheria Immunizations Onsite immunization clinic to ensure your employees No charge due to 3 year contract (regular fee $20/participant) are protected against seasonal flu. We schedule Flu Shots annual clinics from October through December and provide marketing materials to promote your event. This will also include coordination of flu shots clinics at various City of Meridian locations. SERVICE AGREEMENT - 5 021910 1200 090111 Client:1478010.4 /"~ Exhibit A Occupational Hestth Services (continued) SERVICE AGREEMENT - 6 Client:1478010.4 021910 1200 090111 Exhibit B wenn~. Can.inae /'~ .' : , Our Personal Wellness Profile (PWP) is a powerful assessment tool used to evaluate health status, identify risk factors, and highlight areas for improvement. The assessment addresses personal medical Personal Wellness Profile history, nutrition, exercise habits, mental health, safety practices and $30/participant lifestyle choices. The online PWP allows individuals ease of accessibility and confidentiality. In addition to the assessment, biometrics measures such as blood Included in above pressure, height, weight, waist and hip circumferences as well as pricing H~Ith Screenings laboratory tests including cholesterol, HDL, LDL, triglycerides and glucose. The Personal Wellness Profile Report provides an overall Wellness Included in above score and helps participants understand their modifiable health risk pricing factors. This comprehensive report provides preventive actions and recommendations for positive behavior changes such as exercise, Individual Reports nutrition, weight loss, stress management, tobacco cessation and injury prevention. The Online Report incorporates links to helpful resources addressing corona and cancer risk, nutrtion, fitness, stress and more. The Executive Summary Report prioritizes health risk factors and Included in above offers recommendations for health improvement programs based on pricing group needs. Management Reports The Productivity and Economic Benefits Report shows the relationship between the number of health risk factors and their effect on medical claims, productivity and absenteeism and forecasts potential health savings relative to risk reduction goals. It is our practice to identify and contact any individual who is at Included in above elevated risk for disease. All participants will have the opportunity for Pricing RN Follow-Up follow-up with a Registered Nurse by calling the number provided with their individual re rts. The designated Wellness Coordinator will be responsible for the development, implementation, and evaluation of the Phase 1& 2 programming recommendations. This would include all elemerrts of: • Cultural Assessments and Senior Level Management Engagement • Policy & Environmental Assessments $89f30tyear Onsite Coordination and implementation of the Personal Wellness Wellness Coordinator Profile & Health Screenings • Assessment and Integration of Health benefits Plan Design • Development, implementation and evaluation of all Health Promotion Programs • Incentive recommendation and product research • Development and implementation of Metrics and Reporting outcomes Health Professionals from various specialties will be made available Included in above Pricing throughout the year to provide one-on-one consults, presentations, as - well as assistance with program development. The calendar of Health Professionals events will reflect the pre-determined programs/seroices each health care professional will provide. If new program ideas arise throughout the wellness year,.schedules and availability will be adjusted to accommodate the needs. SERVICE AGREEMENT - 7 021910 1200 090111 Client:1478010.4 Incentive programs are targeted intervention programs with the goal These morale- boosting programs r ro ram $~0 7e of positive behavior change. support a cuRure of health & wellness, provide an opportunity for I 00/ artici ant p $ p P education as well as engage individuals in behavior change process. ill be derived from the outcome of the PWP and Wellness Challenges The type of program w Health screening and/or interest survey. Programs can be focused on weight loss, improved fitness, nutrition, healthy holiday habits, etc. re web-based and self-directed. They include team These programs a support, program materials and education, friendly competition and usual) include an incentive for successful corn lotion. nd monthly update of a co-branded wellness website t l $50lmonth a opmen Deve that is accessible through the organizations Intranet home page. The website will include the following features: • Monthly Health Focus • Healthwise Knowledgebase Website "Know Your Numbers" Video Presentatwn • Diabetes and Low Back Pain management modules • Symptom checker • Drug Interaction Checker • Health reci es and nutritional information Staffed by registered nurses, we provide health advice and $0.50/pepm information 24 hours a day, 7 days a weak. Our nurses can assist employees with any medical concerns and when necessary, direct them to a physician or medical facility. The RN's will also provide Nurse Call-Line follow-up to the PWP and Health Screening program. For non-urgent care, our resource specialists will assist your employees in finding a healthcare provider that is conveniently located and meets their n;onal needs. It is recommended to designate $2500, or another determined $2500 amount, to the wellness budget to fund a reserve pool for cash Incentive Reserve incentives for program participants. Direction of how funds are a ro riated will derive from the wellness committee. SERVICE AGREEMENT - 8 Client:1478010.4 021910 1200 090111 Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Real Estate Purchase and Sale Agreement Between the City of Meridian and Gemstar Properties for the Real Property Described as Lot 17, Block Ol of Tricia's Sub No. 4, Meridian, Ada County, Idaho MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ^^~ ~oC - (~ ~a - 1 s ^~ ~at - ~ ~. ~_ ~ Y 1 G~ \ h A~ '~ S I~12-X-~ e. "- REAL ESTATE PURCHASE AND SALE AGREEMENT This Agreement is made effective as of the 1~ day of December, 2010, between The City of Meridian ("Buyer"), and Gemstar Properties. ("Seller"). The parties agree as follows: 1. Purchase and Sale of Property. 1.1 Property. Subject to the terms and conditions of this Agreement, the Seller shall sell to the Buyer and the Buyer shall receive from the Seller the following real property and other assets (the "Property"): ,--~ 1.1.1 Real Property. The real property described as Lot 17, Block O1 of Tricia's Sub No. 4, Meridian, Ada County, Idaho together with all buildings, fixtures, and other improvements located on such real property (the "Real Property"). 1.1.2 Tangible Personal Property. All tangible personal property located on or used exclusively in connection with the operation or maintenance of the Real Property ("Tangible Personal Property"), including, without limitation, all trade fixtures, equipment, supplies and tools. 1.2 Purchase Price. Seller agrees to convey the Real Property to Buyer in exchange for Buyer's payment of Twenty Thousand Dollars ($20,000.00) in cash at closing. 1.3 Conveyance of Title. Title to the Real Property shall be conveyed by a Warranty Deed. Title to the Real Property shall be marketable and insurable and shall be free and cleaz of all liens, encumbrances, and restrictions, exclusive of (i) real property taxes for the current yeaz which aze not due and payable on or before Closing, and (ii) liens, encumbrances, and conditions accepted in writing by the Buyer on or before Closing. 1.4 Title Insurance. 1.4.1 Commitment. Upon the acceptance of this Agreement by the Seller, the Buyer shall order a Commitment for Title Insurance ("Commitment") issued by Lawyers Title of i-r, Treasure Valley ("Title Company"), covering the Real Property. Seller shall pay for an Owner's title insurance policy at closing. PURCHASE AND SALE AGREEMENT - 1 n, 1.4.2 Unapproved Exceptions. If any exceptions shown on the Commitment aze not approved in writing by the Buyer prior to Closing and cannot be removed by the Seller by Closing, then the Buyer shall have the right to terminate this Agreement, in which event all earnest money deposited shall be refunded to the Buyer and each party shall be fully released and dischazged from any further obligations under this Agreement. 1.4.3 Policy. At Closing or soon thereafter, Buyer may purchase an ALTA Owner's Policy title insurance policy (current revision) ("Policy") satisfying the following specifications: The Policy shall insure the Buyer as the owner of the Real Property, subject only to the following special exceptions: (i) real property taxes for the current yeaz which aze not due and payable on or before Closing, and (ii) liens, encumbrances, and conditions accepted in writing by the Buyer on or before Closing. 2. Representations, Warranties, and Covenants of the Seller. The Seller represents and warrants to, and covenants with, the Buyer as follows: 2.1 Authority of the Seller. The execution, delivery, and consummation of this Agreement by the Seller has been duly approved in accordance with applicable law and any documents or instruments governing the Seller. Seller agrees to provide a Resolution of its Boazd of Directors authorizing the conveyance contemplated by this Agreement. '~ 2.2 Property Ownership. The Seller owns and possesses all right, title, and interest in and to the Property free and cleaz of all covenants, conditions, easements, liens, and encumbrances. 2.3 Material Misstatement or Omissions. No representation or warranty made by the Seller in this Agreement or in any document or agreement furnished in connection with this Agreement contains or will contain any untrue statement of material fact, or omits or will omit to state a material fact necessary to make the statements not misleading. 2.4 No Default. The Seller is not in default under the terms of any contract, agreement, lease or license, and no condition or event has occurred which, after notice, the passage of time, or otherwise, would constitute a default under or breach of any such terms. The Seller is not aware of any condition that will result in a default under any such terms. 2.5 Compliance with Laws. The Seller has complied in all material respects with all laws, regulations, and orders affecting the Property, and is not in default under or in violation of any provision of any federal, state, local or provincial order, rule, regulation or law. 2.6 No Litigation. There is no equitable, legal, or administrative suit, action, arbitration, or other proceedings pending or threatened against or affecting the Seller or the Property. ~ 2.7 Broker Fees. Except as disclosed in writing to the Buyer prior to Closing, the Seller is not obligated to pay any fee or commission to any broker, finder, or intermediary for or on account of the transaction contemplated by this Agreement. PURCHASE AND SALE AGREEMENT - 2 3. Hazardous Substances. 3.1 Definitions. The terms "hazardous substance," "release," and "removal" shall have the definition and meaning as set forth in Title 42 U.S.C. 9601 (or the corresponding provision of any future law); provided, however that the term "hazazdous substance" shall include "hazazdous waste" as defined in Title 42 U.S.C. 6903 (or the corresponding provision of any future law) and "petroleum" as defined in Title 42 U.S.C. 6991 (or the corresponding provision of any future law). The term "superfund" shall mean the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. 9601, et seq. (or the corresponding provision of any future law) and any similaz statute, ordinance, rule or regulation of any state or local legislature, agency or body. The term "underground storage tank" shall have the definition and meaning as set forth in Title 42 U.S.C. 6991 (or the corresponding provision of any future law). 3.2 Representations and Warranties. The Seller represents and warrants to, and covenants with, the Buyer that: 3.2.1 the Real Property is not contaminated with any hazazdous substance, 3.2.2 the Seller has not caused and will not cause the release of any hazardous 'r`~ substances on the Real Property, 3.2.3 the Seller has conducted a diligent investigation and inquiry, and to the best of the Seller's knowledge, there has never occurred a release of hazardous substances on the Real Property, 3.2.4 the Real Property is not subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from the Real Property, 3.2.5 no other real property owned or controlled by the Seller or in which the Seller has any legal, equitable, or other interest is subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazazdous substance from such property, 3.2.6 there is no asbestos on the Real Property, 3.2.7 there is no underground storage tank on the Real Property, 3.2.8 by acquiring the Real Property, the Buyer will not incur or be subject to any "superfund" liability for the cleanup, removal, or remediation of any hazardous substance from the Real Property, PURCHASE AND SALE AGREEMENT - 3 ~t 3.2.9 by acquiring the Real Property, the Buyer will not incur or be subject to any liability, cost, or expense for the removal of any asbestos or underground storage tank from the Real Property, and 3.2.10 the Real Property and the uses conducted on the Real Property are in compliance with all applicable environmental laws, codes, and regulations, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. 4. Conditions Precedent to Closing. 4.1 Representations and Warranties True. The representations and warranties of the Seller are true, complete, and accurate as of the date of this Agreement and as of the date of Closing as if made as of such date. 4.2 Covenants Performed. The Seller has performed all obligations, covenants and agreements to be performed prior to Closing as set forth in this Agreement. 4.3 Title Policy. The Title Company is prepared to issue a policy in accordance with the provisions of Section 1.4. 5. Closing. ~ 5.1 Closing Agent. The Closing Agent for this Agreement shall be Lawyer's Title Company of ("Closing Agent"). Buyer and the Seller shall each pay one-half of the Closing Agent's Closing Fees at Closing, included but not limited to Escrow fees, closing costs, and recording fees. 5.2 Date of Closing. The Parties shall submit all required documents to Closing Agent in advance of the planned closing date of December 30, 2010, or at such other time, date, and place as may be mutually agreed between Seller and Buyer. 5.3 Closing Agent Instructions. Buyer and Seller shall execute and deliver to the Closing Agent instructions on the form generally provided by the Closing Agent with such modifications as are reasonably made by the Buyer 6. General Provisions. 6.1 Indemnifications and Offsets. Seller agrees to defend, indemnify, and hold Buyer harmless from any and all damages, liabilities, or expense sustained directly or indirectly by Buyer (including, without limitation, attorney fees and costs) resulting from the breach of, or misstatement in, any representation, warranty, or covenant of the Seller, including without limitation, the representations, warranties and covenants set forth in Section 3 relating to hazardous substances. The Seller's obligation to indemnify, defend, and hold the Buyer harmless is not limited in any manner by the cash or other consideration received by the Seller under this Agreement. PURCHASE AND SALE AGREEMENT - 4 /'ti 6.2 Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Gemstar Properties, LLC 738 S. Bridgeway Place, Suite 100 Eagle, Idaho 83616 Either party may change their address for the purpose of this pazagraph by giving written notice of such change to the other in the manner herein provided. 6.3 Attorney Fees and Costs. The Parties agree that if a party is in default under this Agreement, then such party shall pay to the other party (a) reasonable attorney fees and other costs and expenses incurred by the other party after default and referral to an attorney, (b) reasonable attorney fees and other costs and expenses incurred by the other party in any settlement negotiations, and (c) reasonable attorney fees and other costs and expenses incurred by the other party in preparing for and prosecuting any suit or action ("Collection Costs"). ~--~ Collection Costs shall be immediately due and payable. 6.4 Governing Law, Jurisdiction, and Venue. This Agreement 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. 6.5 Time of the Essence. Time is of the essence with respect to the obligations to be performed under this Agreement. 6.6 Rights Cumulative. Except as expressly provided in this Agreement, and to the extent permitted by law, any remedies described in this Agreement are cumulative and not alternative to any other remedies available at law or in equity. 6.7 Nonwaiver of Remedies. 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 Agreement 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 specified term or condition only for the time and in a manner specifically stated in the waiver. 6.8 Successors and Assigns. Subject to any express provisions in this Agreement regarding restrictions on transfers or assignments, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, and personal ~`'~ representatives. PURCHASE AND SALE AGREEMENT - 5 /'1 6.9 Entire Agreement. All Schedules and Exhibits to this Agreement constitute a part of this Agreement. This Agreement, together with the accompanying Schedules and Exhibits, constitutes the entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. 6.10 Severability. The invalidity of any portion of this Agreement, as determined by a court of competent jurisdiction, shall not affect the validity of any other portion of this Agreement. 6.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instruments. 6.12 Survival of Representetiand~Sellerrse forth in thisvAgreementl shall surviveothe warranties, and covenants of the Buy Closing and shall survive the recording of the Warranty Deed. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. ~-~, GEMSTAR PROPERTIES, LLC: BY: Steve Schmidt Member STATE OF IDAHO ) ss: County of ADA ) ~ of December, I HEREBY CERTIFY that on this ~ O ~ day 2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared Steve Schmidt, proven to me to be the person who executed the said instrument, and acknowledged to me that he 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 abate itten. ZJei Notary Public for Idaho Idaho Residing at ~1~1 Ste. My Commission Expires: 3 a ~ ~ I CITY OF MERIDIAN: \~,,~``'~F~~j~=~~~,,~ ,;~ '~ r :. ,~~ `~ ,.~ .~-. BY: ~~ ~~GGC.1,,,~/ _ e mad T y Weerd S - i C$1$r Mayo y~ '4 ~~ . PURCHASE AND SALE AGREEMENT - 6 ,~~~''~~C~UNTy ~~~`~~~`\ i~ir~niinii~ Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Agreement for Independent Contractor Services with Pipeline Inspection Services for the FY2011 Manhole Retrofits Project for aNot-To-Exceed Amount of $120,000.00 MEETING NOTES Y~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS wed ~'o nom, 3 . ~e-~-- ~~i~E IDIAN~- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the Ciry Council FROM: Gail Hammond, Assistant Plant Superintendent DATE: December 8, 2010 Mayor Tammy de Weerd d!y Cegestil Me~nswers~ Keith Bird Brad Hoaglun Charles Rountree Da~td Zaremba SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH PIPELINE INSPECTION SERVICES FOR THE FY2411 MANHOLE RETROFITS PROJECT FOR ANOT-TO-EXCEED AMOUNT OF $120,000.00 I. RECOMMENDED ACTION A. Move to: 1. Approve the Agreement with Pipeline Inspection Services for the FY2011 Manhole Retrofits Project in an amount not to exceed $120,000.00; and 2. Authorize the Mayor to sign the Agreement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Duector of Public Works 489-0372 Rich Dees, Utility Operations Manager 888-5242 Tracy Crane, Plant Superintendent 888-2191 Gail Hammond, Assistant Superintendent {Project Manager) 888-2191 III. DESCRIPTION A. Back rground In Fiscal Year 2009 and 2010 Public Works completed manhole retrofit projects which eliminated approximately 250,000 gallons per day {GPD) of groundwater n infiltration, raised over 125 manholes to proper grade, and repaired approximately 25 damaged or deteriorated manholes. The elimination of the Page 1 oj3 infiltration alone helps the wastewater treatment plant (WWTP) stay within the City's permitted ?million gallons per day {MGD) limit on discharges and saves up to $75,000 per yeaz in treatment costs. B. Proposed Project The continuation of the manhole retrofit project will eliminate at least 100,000 additional gallons per day of groundwater infiltration, raise an additional 11 manholes to proper grade and repair an additional 52 manholes that are damaged or deteriorating. The base bid amount by the contractor to conduct the above mentioned work is $32,200.00. The bid for construction services for this project also included an add alternate for additional work required through FY2011. Pipeline Inspection Services was also the low bidder for the add alternate bid. The add alternate includes work to stop groundwater infiltration and repairs of damaged manholes. A total of $150,000.00 was budgeted for manhole repairs, allowing $11'7,800.00 for work under the add alternate. This project will take the contract with Pipeline Inspection Services up to a budgeted amount of $120,000.00. C. Contractor Selection Pipeline Inspection Services was the lowest bidder, has a Public Works Contractor license and is qualified to complete the required work. TV. IMPACT A. Strate ig c Impact: This project supports the Public Works Mission and Vision for strategic growth. The repair of areas of infiltration is responsive, innovative, and opportunistic in planning for growth and increases operational efficiencies by reducing infiltration to comply with current National Pollutant Discharge Elimination System (NPDES) limits of 7 MGD at the WWTP. B. ServiceJDelivery Impact: The repair of manholes will reduce the rate of infiltration in order to stay below the permitted flow rate of 7 MGD at the WWTP and allow the City of Meridian to serve more customers without exceeding permitted flow rates or expanding the WWTP. C. Fiscallmpact• Project Costs Base Bid Amount $32,200 Add Alternate ~ 87 800 Total $120,000 Page2of3 n Project Funding WW Sewer Repair (60-3520-53351) $150,000 V. ALTERNATIVES A. The City could defer rehabilitation and repair efforts of manholes. Doing so could be more costly in the future as manholes would continue to deteriorate and require more extensive repair later, and construction costs are likely to increase over time. This option would also prevent the City from decreasing daily discharge rates, resulting in higher treatment costs. B. WWTP Staff could perform minor repairs in-house and reduce a portion of the identified infiltration. This would require additional manpower and take away from efforts to maintain the collection system elsewhere. Numerous other repairs identified in the contract will have to go un-repaired as City staff does not have the tools or the skills to perform the work required to make the repairs. VI. TIME CONSTRAINTS Council's approval of the Agreement for Independent Contractor Services will allow Public Works to begin making repairs already identified and mobilize the Contractor to make additional repairs as they are discovered. Completing the work prior to summer 2011 will help in complying with 7 MGD limits on discharge set by the Environmental Protection Agency. VII. LIST OF ATTACHMENTS A. Agreement for Independent Contractor Services Approved for Council Date Page 3 of 3 n. E IDIAN* IDAHO BID RESULTS B~ NAME: 8~w~ar Manhole Rod+otfts FYZO'11 DUE DATE 3 TIME• NOVEMBEI BID NUMBER: WW 1-10208 D~sn~d by: Ksifh Watt Atd~ _`~~~ /"~ AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES SEWER MANHOLE RETROFITS FY 2017 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 2nd day of December, 2010, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Pipeline Inspection Services, ,hereinafter referred to as "CONTRACTOR", whose business address is P O Box 3023. Nampa. !D 83653 and whose Public Works Contractor License # is C- 15828-B-4 INTRODUCTION Whereas, the City has a need for services involving SEWER MANHOLE RETROFITS FY 2011; and WHEREAS, the Con#ractor is specially trained, experienced and . competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City`s written notice to proceed, all services and work, and comply in all respects, as specified in the document titled °Scope of Wor[c" a copy of which is attached hereto as Attachment "A" and incorporated herein by this re#erence, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is ~„~ FY 2011 SEWER MANHOLE RETROFITS page 1 of 16 i~ copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that i# will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used, in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. . 1.4 Services and work provided by the Contractor at the City's request under this Agreement wilt be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The ~ Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $32,200.00. Additional repairs may be requested at the costs indicated as provided in Attachment C "Bid Alternate Payment Schedule" for an additional Not To- Exceed amount of $87,800.00. This is not an authorization for the additional repairs but a potential need that the City will address throughout the year. Total compensation from this agreement may not exceed $120,000.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any FY 2011 SEWER MANHOLE RETROFITS page 2 of 16 Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, {b) September 30, 2011 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. ~ 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty {30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor Terminatlon: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfil in a timely and proper manner its obligations under this ~„~ FY 2011 SEWER MANHOi.E RETROFITS page 3 of 16 ~~ Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. ' Notwithstanding the above, CONTRACTOR shalt not be relieved of liability #o the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such i-~, time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 4. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and, neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. ~ FY 2011 SEWER MANHOLE RETROFITS page 4 of 16 5.3 Contractor shall determine the method, details and means of pertorming the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 5. Indemnfication and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and ail losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically r~ agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the , minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately n FY 2011 SEWER MANHOLE RETROFITS page 5 of 16 submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the C'tty's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shalt not contribute with Contractor's insurance except as to the extent of City's negligence. The ContractoPs insurance shall apply separately to each insured against --. whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to al[ of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue FY 2011 SEWER MANHOLE RETROFITS page 6 of 16 Meridian, Idaho 83642 Pipeline Inspection Services Attn• Scott Wendiin4 4423 E Victory Nampa ID $3fi87 208-941-9424 ~ipelineinspections(a~hotmail.com Idaho Public Works License #• C-1582$-B-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relies as det bmined by a Court of competent reasonable attorneys' fe jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. '~ 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and FY 2011 SEWER MANHOLE RETROFITS page 7 of 16 n information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the pertormance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to alt matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. r. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. n FY 2019 SEWER MANHOLE RETROFITS page 8 of 16 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ~, ~ . ~~c ~ ~; BY: ~~n~ l ~ ' TAMMY WEERD, MAYOR Dated: la- - I ~-1 ~~ c o Attest: EE PIPELINE INSPECTION SERVICES Y: Dated: ~~- $ '-lam `\ ~~.~~y OF MERj~~ .\ ~, d~o+~ r qy~-. ;~ ,~ Fo = EAL = _ HOLMAN, CITY CLERF~/ 9 ~~r ~ 1~~ O \ ~~ 0,9 ~s P.r `~: ~,,~%~ COUNTY ~p ~~~~.. FY 2011 SEWER MANHOLE RETROFITS page 9 of 16 Approved as to Content BY: KEI , PU C ING MANAGER Dated: ~~'~~ Approved as to Form CITY ATTORNEY Department Approval BY: .. NAME: /~r ~ ~ ~,~ L.~- ~ ~S TITLE: ~Au~'S/ ~~ (L jT w Dated: ! Z~Y~2aid ,~.~ FY 2011 SEWER MANHOLE RETROFITS page 10 of 16 Attachment A SCOPE OF WORK The FY 2011 Sewer Manhole Retrofits project includes repair of manholes to stop infiltration, bring manholes to proper grade, uncover paved over or buried manholes, and manhole base repairs. The Contractor shall famish all labor, materials, and equipment necessary for the entire completion of the project as outlined and shall construct the complete job in the best and most workmanlike manner. The project also includes an add alternate to extend the contract for the FY 2011 Fiscal Year, which ends September 30, 2011, to make any necessary repairs discovered throughout the year. These repairs are expected to be similar in nature to those described and shown on the attached maps. SPECIFICATIONS A. The Contractor will be required to pay for and obtain the necessary permits from Ada County Highway District (ACRD) to perform the required work within ACRD right of-way. The Contractor will also be responsible for any traffic control necessary to complete the work in a safe manner within ACRD right of- way. B. All work shall conform to the Idaho Standards for Public Works Construction (ISPWC), Ada County Highway District (ACRD), City of Meridian Supplemental Specifications to the ISPWC and the City of Meridian Construction Storm Water Management Program. C. The Contractor shall be required to submit, to the Project Manager, a schedule of work during the preconstruction meeting. All work will be limited to the manholes identified in the maps provided in the invitation for Bid WW 11- 10208. Anything beyond the work shown must first be approved by the Project Manager prior to beginning the additional work. D. Contractor shall be willing to testify as an expert witness in the event of litigation. E. Contractor shall adhere to all safety regulations set forth by OSHA and any other safety means needed to safely pertorm the project. F. Contract shall notify Project Manager of any significant problems, abnormalities, additional repairs. needed, etc. that may be encountered during or after the work was completed. FY 2011 SEWER MANHOLE RETROFITS page 11 of 16 G. The amount of work to be done under the contract and as noted in the Bid Schedule represents a maximum and is not to betaken as an expressed or implied statement that the actual amount of work will correspond. The right is reserved to increase or decrease or to entirely eliminate certain items from the work. H. All structural repairs of pipe shall be cured in place pipe {CIPP) and all structural repairs of manholes shall use a polyurethane spray wap. Repairs to stop infiltration in pipe shall use chemical grout and all repairs to stop infiltration in manholes shall use chemical injection with Deneeff or an approved equal. The majority of the manhole repairs are damaged cones due to corrosion from hydrogen sulfide. Repairs include pressure washing and re-grouting of manhole base (lining of manholes is not required). Excavation is not required for these repairs. Cured in place pipe {CIPP) repairs are not required, but may be used if an add alternate is awarded. Prior to the commencement of construction, the Contractor will be required to do material submittals for approval for all proposed materials to be used in the repairs. !. All work to stop infiltration shall be conducted during the months of April through September. J. For manholes located in asphalt to restore to proper grade a maximum n gap of/+" is allowed. If the gap is greater than'/4",anew collar will have to be installed. K. All submittals for approved equals and alternative materials must be approved by the City Engineer prior to bid opening. Current list of approved products to stop infiltration include; DENEEF: Dry Oakum {for use with grouts), AVANTI: AV 202, AV 290 l=ast Set, AV- 330, AV-333, and AV-350. If an award Is made for the ad'd alternate, products will be reviewed at that time. L. It will be the Contractor's responsibility to make site visits to each manhole identified in the attached maps to determine the severity of the repair in order to accurately bid. Prior to the start of work, a preconstruction meeting will be held and shall be attended by the Contractor's Project Manager, its Superintendent, and its Subcontractors as the Contract deems appropriate. The purpose of the meeting is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The Contractor should be prepared to discuss tentative schedules, transmittals, processing applications for payments, maintaining record documentation, critical work sequencing, field decisions and Change Orders. FY 2011 SEWER MANHOLE RETROFITS page 12 of 16 n REFER TO INVITATION TO BID WW ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # WW, are by this reference made a part hereof. FY 2011 SEWER MANHOLE RETROFITS page 13 of 16 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $12a,ooo.oo. The initial Notice -To-Proceed will only be for the Payment Schedule below in the amount of $32,200.00. Additional work may be completed upon issuance of additional Notice-To-Proceed documents with accompanying purchase orders, up to the remaining $87,800.00. PAYIVIENT-.S'CHEDULE.. - FURNJSH ALL LABOR, MATERIALS, EQUCPMENT, AND INCIDENTALS AS REQUIRED FOR ~FY 2011 SEWER . MANHOLE RETROFITS, PER ATTACHED SCOPE. OF WORK .AND.L:OCATION MAPS "EXHIBIT A" Task Description Quantity Unit of Measure p~~ Extended Price A. Repair manholes to stop infiltration, minor to moderate repair 4g Each $450.00 $22,050.00 B. Repair manholes to stop infiltration, extensive repair 3 Each $600.00 $ 1,800.00 C. Repair loose rings on manholes 5 Each $450.00 $ 2,250.00 D. Uncover manholes located in asphalt and/or restore manholes to proper 2 Each $500.00 $ 1,000.00 grade E• Uncover manholes located in dirt and/or restore manholes to proper 9 Each $500.00 $ 4,500.00 grade F. Repair manholes requiring base 2 Each $300.00 $ 600.00 repairs TOTAL $32,200.00 FY 2011 SEWER MANHOLE RETROFITS page 14 of 16 n FY 2011 SEWER MANHOLE RETROFITS page 15 of 16 ~"` ^. ATTACHMENT C BiD ALTERNATE PAYMENT SCHEDULE TASK DESCRIPTION UNIT OF PRICE MEASURE 1. Minor to moderate infiltration {<3 gpm) Each $ 650.00 2. Extensive infiltration (?3 gpm) Each $ 850.00 3. Repair loose rings on manholes Each $ 500.00 4. Raise manholes to proper grade - Each $ 750.00 5. as halt Raise manholes to proper grade -dirt Each $ 750.00 6. Base repairs Each $ 450.00 7. Pipe grouting repairs Each $2,345.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. FY 2011 SEWER MANHOLE RETROFITS page 16 of 16 Meridian City Council Meeting neTF~ necember 14, 2010 ITEM TITLE: PROJECT NUMBER: Service and Scope of Work Agreement with Mercer Health & Benefits, LLC MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ITEM NUMBER: ~"~ Statement of Work ("SOW") MERCER ,.`~ MARSH MERCER KROLI. ~""'~` GUY CARPENTER OLIVER WYMAN The objective of this Statement of Work {"SOW') is to confirm the scope of our work and the compensation for this engagement. This SOW is subject to the terms and conditions contained in our existing engagement letter dated August 4, 2009. Alf capitalized terms not defined in this SOW shall have the meanings ascribed to them in our existing engagement letter. Service Details 1. Service name: 2011 Scope of Service 2. Description of Mercer responsibilities: See attached Service Schedule 3. Description of client responsibilities: Mercer's ability to provide services as described in ~ this letter is dependent on Mercer being provided with and continuing to receive accurate, up to date and timely documentation and information from you and any insurance carriers providing benefits. 4. Period of time over which work will be pertormed: 2011 5. Compensation/fees: Our compensation for the Services subject to this SOW will be professional fees in the amount of $35,000 annually or $2,916.66 monthly. In addition to other compensation listed, we also bill for necessary travel and other expenses related to the services requested. Subcontractors We may need to utilize various subcontractors ("Subcontractors") in the course of our provision of the Services to assist us in such tasks as printing and mailing, development of interactive tools, graphic design, etc. You consent to our use of the Subcontractors and further acknowledge and agree that we may provide such Subcontractors with your Confidential Information, including Work, on a confidential and a need to know basis for the purposes contemplated by this SOW. Additional Terms 1. We do not act on behalf of any insurer or other service provider, are not bound to utilize ~ any particular insurer or service provider, and do not have the authority to make binding commitments on behalf of any insurer or service provider. In addition, we do not ~'~`~ Page 2 guarantee or make any represen#ation or warranty that coverage or service can be placed on terms acceptable to you. We are not responsible for the solvency or ability to pay claims of any insurance carrier or for the solvency or ability of any service provider to provide service. Insurance carriers or service providers with which your other risk or insurance coverage or other business is placed will be deemed acceptable to you, in the absence of contrary instructions from you. 2. You understand tha# the failure to provide, or cause to provide, complete, accurate, up- to-date, and timely documentation and information to us, an insurer, or other service provider, whether intentional or by error, could result in impairment or voiding of coverage or service. You agree to review all policies, endorsements and program agreements delivered to you by us and will advise us of anything which you believe is not in accordance wi#h the negotiated coverage and terms within thirty (30} days following receipt. 3. You expressly acknowledge that, with respect to the provision of the Services, we are not, nor are any of our Affiliates or subcontractors, an "administrator" within the meaning under applicable law, including the Employee Retirement Income Security Act of 1974, as amended ("FRIBA"), nor, with respect to the provision of the Services, are we or any of our Affiliates or subcontractors a "fiduciary" within the meaning under applicable law or ERISA, unless provided otherwise herein or required by applicable law. 4. Title V of the Gramm-Leach-Bliley Act and related state laws and regulations establish limitations on the use and distribution of non-public information collected by financial institutions from their customers and consumers. Our insurance-related work quell#ies us as a financial institution under this Act. Our Privacy Policy Notice is available at www.mercer.com/transparency. At this web address you will also find information regarding Marsh & Mclennan Companies, Inc. and its subsidiaries' equity interests in certain insurers and contractual arrangements with certain insurers and wholesale brokers. 5. Without limiting the generality of Section 2 of our engagement letter, you will inform us at the commencement of our work under each SOW (and thereafter fn the event of any change) as to whether or not you or any of your Affiliates are subject to any restrictions or obligations directly relevant to the Services as a result of or in connection with having received any federal financial assistance in connection with any federal law or program, including, but not limited to, the American Recovery and Reinvestment Act of 2008 and the Emergency Economic Stabilization Act of 2008, including the Troubled Assets Relief Program. In the event that you or your Affiliates are subject to such restrictions or obligations, you will also promptly describe such restrictions and obligations to us in writing in reasonable detail and make an expert (including internal or external counsel) available to us for addi#ional clarification that we reasonably request regarding the analysis or interpretation of any such restrictions or obligations. You agree that we will be entitled to rely on, and have no liability for, the accuracy and completeness of the ~ Page 3 information, analysis or interpretation that is provided to us in connection with the foregoing. We appreciate your business and look forward to working with you on this engagement. Please acknow~ge your agreement to the terms contained herein by signing below. Benefits LLC ey: ~~ ~ ~ Name: ~`'~``~ ~~rv-R Date: ~ l - ~ S ~ X14 (Phase Print) Title: ~R~nc~ p a~ ACCEPTED AND AGREED City of Meridian By: - ~-~~ Name: ~-i~.~rirn. ~1 ~ ~_ Val ~ Date: _ ~ ~ ~,~ ~ ~ ~ y Title: 1' V I eu_~~ ,^~ MERCER MARSH MERCER KROLL GUY CARPENTER OLIVER WYMAN H8~B SERVICE SCHEDULE Our Services consist of the following: ^ Conduct strategic planning sessions to review performance of Client's current employee benefits coverage and establish future objectives and strategies to manage Client's employee benefit coverages to which this agreement applies. ^ Meet with the Client's key designated representatives on as needed basis, to discuss strategy and open items. ^ Develop a mutually agreeable renewal action plan and timeline that meets the Client's stated objectives. ^ Keep the Client informed of significant changes and/or trends in the employee benefits marketplace. ^ Benchmark plan costs and employee contributions to industry, size and regional standards on as needed basis. ^ Analyze factors driving Client's plan costs if experience data is available. In connection ~-.` with such analysis, we will review utilization reports to determine possible causes of identified cost increases. Assist Client in managing risks and costs of its employee benefits coverages. ^ Establish comprehensive claims reports for medical, prescription drug and dental plans detailing paid claims (and reimbursements if applicable), premium/funding and enrollment summaries. We will review these reports with Client on as needed basis and will identify and discuss trends and potential problems. • Provide cost projections and funding analysis (review of funding methodology with emphasis on employer costs and the tier structure of the contribution.) ^ When marketing your plans, prepare an analysis comparing current costs, plan designs, administration costs, network discounts and network accessibility. ^ With respect to the renewal process of Client's employee benefit plans, we will conduct an annual review during the renewal process to include negotiations, on Clients' behalf, with current vendors/carriers, as per Client's request. ^ Upon the request of Client, we will assist Client in the preparation of a RFP for purposes of obtaining competitive quotes from the marketplace. We will be the primary point of contact during the bidding process. • Upon request of Client, evaluate and assist in the management of voluntary benefit products offered to Client's employees. H&B Service Schedule 0202c1n.doc /"`. ^ Assist Client in the implementation of the benefit program by dealing with vendor/carriers and performing contract and SPD review for purposes of determining conformity to agreed upon plan provisions and costs. ^ Advise Client with respect to available technology platforms to support delivery and administration of its employee benefit plans. ^ Assist Client in the development of paper and/or web-based communication strategies: • Identify and negotiate on the Client's behalf with insurers and other benefit program providers and keep the Client informed of significant developments. We shall be authorized for purposes of this Agreement to represent and assist the Client in all discussions and transactions with all insurers/providers, provided that we shall not place any insurance or vendor programs on behalf of the Client unless so authorized by the Client. ^ Assist with documentation and other steps to obtain commitments for and implement insurance policies and other services selected by the Client regarding its employee benefits program upon the Client's instructions, it being understood that we will not independently verify or authenticate information not originating from us necessary to prepare proposals or underwriting submissions and other documents relied upon by ,,.~ insurers/providers, and the Client shall be solely responsible for the accuracy and completeness of such information and other documents furnished to us and/or insurers/providers and shall sign any application for coverage. The Client understands that the failure to provide all necessary information to an insurer, employee benefit provider or third party vendor whether intentional or by error, could result in the impairment or voiding of coverage or service. ^ Provide Client access to the national insurance marketplace and related services marketplace and use our commercially reasonable efforts to place insurance policies and other services selected by the Client regarding it's employee benefit program on behalf of the Client, if so instructed by the Client. ^ Act as a liaison between the Client and insurers/ providers for the lines of coverage and services that we have placed or obtained on behalf of Client or for which Mercer is named as the broker of record. ^ Provide the Client with detailed invoices, except in the case of direct billing by insurers or employee benefits providers. ^ We may utilize the services of other intermediaries to assist in the marketing of the Client's program (including brokers in the London and other markets), when in Mercer's professional judgment those services are necessary or appropriate with disclosure to Client. Such intermediaries may be Mercer affiliates. The compensation of such intermediaries is not included in our compensation under this Agreement and will be paid by insurers/providers out of paid premiums. ~ Follow up with insurance carriers/providers for timely issuance of policies and contracts. H88 Service Schedule 0202c1n.doc • Follow up with insurance carriers/providers with respect to the payment or return premiums. ^ Review policies and contracts for accuracy and conformity to specifications provided by Client and the related negotiated coverages. ^ Assist the Client in connection with issues relating to interpretation of insurance policies/contracts placed by us. ^ Provide information/coverage summaries for all new coverages and updates on changes to existing coverages. H8~6 Service Schedule 0202c1n.doc Lois Morris '~ MERCER Consultant December 10, 2010 William Nary City Attorney & HR Director 33 East Broadway Ave Meridian ID 83642 Dear Bill, Subject: Engagement Letter Agreement 225 North 9th Street, Suite 410 Boise, ID 83702 208 338 6457 Fax 208 338 6475 Lois.J.Morris~mercer.com www.mercer.crom We are delighted to have the opportunity to continue to work with City of Meridian ("you" or "Client"). The purpose of this letter of engagement ("Agreement") is to set forth the terms governing the services provided to you ("Services") by Mercer's operating companies, Mercer (US) Inc,, Mercer Investment Consulting, Inc. and/or Mercer Health & Benefits LLC ,,..,t (in each Case, solely wi#h respect to the services it provides to you, {"Mercer" or "we}). Statement of Work Each statement of work ("SOW") attached hereto must specify at a minimum: (1) our respective responsibilities with respect to the Services; (2) the information and data we will need in order to perform the Services; (3) any time constraints on the performance of the Services; and (4) the compensation we will receive for performing the Services. To the extent a SOW has been delivered to and accepted by you prior to the execution of this Agreement, such SOW shall be subject to the terms of this Agreement. For purposes of this Agreement, the term "Agreement" shall include any SOWs. Terms and Conditions Governing Engagement Our performance of the Services (whether provided pursuant to a written SOW or not) are subject to fhe fallowing terms: 7. Payment Terms: A. We will perform the Services in consideration of your payment of our compensation. Our compensation for the Services, such as professional fees, commissions or other amounts payable to us ("Compensation") will be set forth in the applicable SOW or as otherwise agreed. In addition to our Compensation, we will also bill monthly for our reasonable expenses. You will be responsible for any sales, value added taxes Services provitled by Mercer Hee11H 8 BeneGU LLC Consulting. Outsourcing. Investments. /^ti Page 2 December 10, 2010 or similar taxes related to the performance or receipt of the Services, including those taxes assessed by authorities subsequent to payment for the Services. B. Invoices are due and payable within thirty (30) days of the date of the invoice. If any invoice is not timely paid, we may exercise our right to claim interest for late payment as permitted by applicable law. If any invoice remains unpaid for longer than ninety (90) days from the date of the invoice, we may either suspend the provision of the Services until payment is received, or terminate this Agreement and/or any SOW with immediate effect. C. If we become involved (whether or not as a party) in a dispute (including audits or investigations) between you and a third party (including. a governmental entity), or if we are asked to preserve records rela#ing to the Services or this Agreement, including where Mercer is requested to preserve documents, electronically stored information, back-up tapes or other media beyond its standard recycling or retention protocol, beyond the scope of Services described in the applicable SOW, these ~, additional services will be documented in a SOW. If no SOW or other agreement is reached on these additional services, you agree to pay us at our then current standard rates for all our time spent, and will reimburse us for all reasonable expenses incurred by us, in connection with such dispute or such documentation preservation request. We will reimburse such payments in the event and to the extent such dispute is finally determined by a court to have resulted primarily from our negligence, conduct in bad faith or fraud. 2. Instructions; Provision of Information and Assistance: You will provide all necessary and reasonably requested information, direction and cooperation to enable us to provide the Services, and any direction (whether verbal or written) shall be effective if contained expressly in the applicable SOW or if received (whether verbally or in writing) from a person known to us or reasonably believed by us to be authorized to act on your behalf. You agree that we shall use all information and data supplied by you or on your behalf without independently verifying the accuracy, completeness or timeliness of it. We will not be responsible for any delays or liability arising from missing, delayed, incomplete, inaccurate or outdated information and data, or if you do not provide adequate access to your employees, agents or other representatives necessary for us to perform the Services. We will be entitled to charge you in respect of any additional work carried out as a result. 3. Confidential Information; Data: A. Each o€ us is likely to disclose information ("Disclosing Party") to the other ("Receiving Party"} from time to time in the course of the provision of the Services, ~ which is marked or designated as confidential or proprietary at or prior to discfasure or which would appear to a reasonably prudent person to be confidential and/or /'t. Page 3 December 10, 2010 proprietary in nature ("Confidential information"). The Receiving Party will not disclose such Confidential Information to any person other than in connection with the provision of the Services or as otherwise provided for in this Agreement. This restriction does not apply to information that (i) the Receiving Party must disclose by law or legal process, (ii) is either already in the public domain or enters the public domain through no fault of the Receiving Party, (iii) is available to the Receiving Party from a third par#y who, to the Receiving Party's knowledge, is not under any non-disclosure obligation to the Disclosing Party, or (iv) is independently developed by or for the Receiving Party without reference to any Confidential Information of the Disclosing Party. B. Notwithstanding Section 3(A}, you agree that we will be entitled to disGose information, including Confidential Information, relating to the Services or you to regulators having jurisdiction over our business. You also agree that, notwithstanding any other provision in this Agreement, we may include the identities of those persons ~"~ who are identified by you as contact persons far you and information about the terms of this Agreement, the Services and the Compensation in our internal client management, financial and conflict checking databases. C. You hereby grant us a perpetual, non-exclusive, royalty-free license to copy, modify and use any information and data supplied by you or on your behalf so that we may create analytical trend data (in anonymous form) and in order to improve the quality of our advice to our clients. We will not disclose any information in a manner that allows particular clients or individuals to be identified. Notwithstanding the foregoing, you agree that your name may appear in a list of participating organizations for reports containing such analytical trend data. D. Qur respective obligations under Section 3(A) shall survive for a period of five (5} years from the date of termination of this Agreement or for such longer period as is required by law, except that any trade secrets disclosed to the Receiving Party shall be maintained in confidence in perpetuity or until such time as they are no longer reasonably considered to be trade secrets by the Disclosing Party. E. Notwithstanding anything to the contrary in this Agreement, but subject to the terms and conditions of Section 3, we may (i) retain copies of Confidential Information that is required to be retained by law or regulation, (ii) retain copies of our work product that contain Confidential Information for archival purposes or to defend our work product and (iii) in accordance with legal, disaster recovery and records retention requirements, store such copies and derivative works in an archival format (e.g. tape backups), which may not be returned or destroyed. We may retain your information in paper or imaged format and we may destroy paper copies if we retain digital images thereof. Page 4 December 10, 2010 4. Persona( Information: Each of us and our respective Affiliates (as defined below) will comply with our respective obligations arising from data protection and privacy laws in effect from time to time to the extent applicable to this Agreement and the Services. This includes, without limitation, {i} the obligation, if any, of you or your Affiliates, to obtain any required consent(s) in respect of the transfer of information to us by you or any third party relating to an identified or identifiable individual that is subject to applicable data protection, privacy or other similar laws ("Personal Information"), (ii} any obligation with respect to the creation ar collection of additional Personal Information by us, and (iii) any obligation with respect to the use, disclosure and transfer by us of Personal Information as necessary to perform the Services or as expressly permitted under this Agreement. Subject to Section 3(C), any use or processing by us of Personal Information supplied by or on your behalf in connection with the Services shalt be done solely on your behalf. We shall handle such Personal Information in accordance with your reasonable instructions as may be provided from time to time in the applicable SOW or as reasonably necessary for the purpose of providing the Services and shall not handle such Persona! Information in a manner inconsistent with the terms of this Agreement. We also confirm that we have taken appropriate technical and organizational measures intended to prevent the unauthorized or unlawful processing of Personal Information and the accidental loss or destruction of, or damage to, Personal Information. For purposes of this Agreement, "Affiliates" means, with respect to either party, any entity directly or indirectly controlling, controlled by or under common control with such party. 5. Ownership and Use of Work; Intellectual Property: A. AI! materials prepared by us specifically and exclusively for you pursuant to this Agreement (the "Work") shall be awned exclusively by you. Notwithstanding anything to the contrary set forth in this Agreement, we will retain al! copyright, patent and other intellectual property rights in the methodologies, methods of analysis, ideas, concepts, know-haw, models, tools, techniques, skills, knowledge and experience owned or possessed by us before the commencement of, or developed or acquired by us during or after, the performance of the Services, including without limitation, all systems, software, specifications, documentation and other materials created, owned or licensed and used by us or our Affiliates or subcontractors in the course of providing the Services (the "Intellectual Property"), and we shall not be restricted in any way with respect thereto. To the extent any Work incorporates any Intellectual Property; we hereby grant you anon-exclusive, non-transferable right to use such Intellectual Property safely for purposes of utilizing the Work internally in accordance with the terms of this Agreement. ~"r B. Unless we provide our prior written consent, you will not use, in a manner other than as mutually contemplated when we were first retained by you to pertorm the ~"~, Page 5 December 10, 2010 applicable Services, or disclose to any third party, other than your attorneys, accountants or financial advisors with a need to know, any Work or InteAectual Property or other material supplied by us under this Agreement, and you shall be responsible for, and we shall have no liability with respect to, modifications made by any person other than us to the Work, Intellectual Property or other work product provided to you by us. You will indemnify, defend and hold us and our Affiliates harmless in respect of any Loss (as defined in Section 7) incurred by us as a result of your breach of this obligation ar any modifications made by any person other than us to the Work, Intellectual Property or other work product provided to you by us. 6. Dispute Resolu#ion: A. Before commencing any action or proceeding with respect to any dispute between us arising out of or relating to this Agreement, the parties shall first attempt to settle the dispute through consultation and negotiation in good faith and in a spirit of mutual .--.. cooperation. If the dispute is not resolved within five {5) business days, either of us may elect #o escalate the resolution of such dispute by submitting the dispute in writing to senior executives from each of us who will promptly meet and confer in an effort to resolve the dispute. Each party will identify such senior executive by notice to the other party, and each party may change its senior executive at any time thereafter by notice. Any mutually agreed decisions of the senior executives will be final and binding on both parties. In the event the senior executives are unable to resolve any dispute within thirty (30) days after submission to them, either party may then refer such dispute to mediation by a mutually acceptable mediator to be chosen by both parties within forty-five (45) days after written notice by either party demanding mediation. Neither party may unreasonably withhold, delay or condition consent to the selection of a mediator. All communications and discussions in furtherance of this paragraph shall be treated as confidential settlement negotiations that are not subject to disclosure to any third party. The costs of the mediator shall be shared equally, but each party shall pay its own attorney's fees. B. Any dispute that is not resolved within six (6) months of the date of the initial demand for mediation by one of the parties may then be submitted to a court of competent jurisdiction. Nothing in this Section 6 will prevent either of us from resorting to judicial proceedings at any Time if interim relief from a court is necessary to prevent serious and irreparable injury or damage to that party or to others. C. EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, ANY CLAIM, ACTION OR PROCEEDING AGAINST A PARTY OR ANY OF ITS AFFILIATES WILL BE BARRED UNLESS THE OTHER PARTY INITIATES THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN THIS SECTION 6 WITHIN ONE ,--~ YEAR OF FIRST DISCOVERING THE ACT, ERROR OR OMISSION THAT IS THE BASIS FOR SUCH CLAIM. /'`~. Page 6 December 10, 2010 7. Limitation of Liability: A. The aggregate liability of Mercer our Affiliates and any officer, director or employee of ours and our Affiliates ("Mercer Parties") to you, your Affiliates, your officers, directors or employees or those of your Affiliates and any third party (including any benefit plan, its fiduciaries or any plan sponsor) for any and all Losses arising out of or relating to the provision of Services by any of the Mercer Parties shall not exceed the greater of one times the Compensation for the Services giving rise to such Loss and $100,000. Mercer shall have no liability for the acts or omissions of any third party {other than our subcontractors). B. In no event shall either party or its Affiliates be liable in connection with this Agreement or the Services for any loss of profit or incidental, consequential, special, indirect, punitive or similar damages. The provisions of this Section 7 shall apply to the fullest extent permitted by law. Nothing in this Section 7 limiting the liability of a party shall apply to any liability that has been finally determined by a court to have been caused by the fraud of such party. C. For purposes of this Agreement "Loss" means damages, claims, liabilities, losses, awards, judgments, penalties, interest, costs and expenses, including reasonable attorneys' fees, whether arising in tort, contractor otherwise. For the avoidance of doubt, multiple claims arising out of or based upon the same act, error or omission, or series of continuous, interrelated or repeated acts, errors or omissions shall be considered a single Loss. D. Each of the parties acknowledges that the Compensation for the Services to be provided under this Agreement and the applicable SOW reflects the allocation of risk set forth in this Section 7. 8. Unforeseen Events: Neither party shall be liable for delays or failures in performance of obligations under this Agreement, o#her than failure to make payments hereunder when due, resulting from events beyond its reasonable control, including without limitation "acts of God," fire, flood, riots, new laws which prevent the carrying out of the Services, the results of terrorist activity, failures of third party suppliers, and electronic and other power failures. 9. Duration and Termination of this Agreement: This Agreement will continue until terminated as provided in this Section, except as provided otherwise in a SOW. This Agreement and any SOW maybe terminated (i) by either party upon ninety (90) days' prior written notice to the other party, {ii) by either party upon material breach by the other party, which breach is not cured within thirty (30) ,.-~, days after receipt of written notice thereof, or (iii) immediately by us for non-payment of invoices by you as provided under Section 1. After the termination of this Agreement, /'1 Page 7 December 10, 2010 Sections 3, 4, 5, 6, 7, 9 and 10 will survive in full force and effect. Any termination of this Agreement shall not relieve you or your Affiliates of their obligations to pay for Services rendered and expenses incurred by us or our Affiliates up to and including the effective date of such termination, and such termination may require you to pay termination fees to the sx#ent provided in a SOW. Notwithstanding the foregoing, to the extent that the parties agree that Mercer shall continue to provide Services after the effective date of termination of this Agreement or any SOW, the terms and conditions of this Agreement and the applicable SOW shall survive until such Services are completed or the parties agree that the Services shall no longer be provided. 10. Additional Terms: A. Terms Incorporated byReference -The terms set forth in a SOW shall be deemed incorporated by reference into this Agreement for purposes of that SOW. B. Notices -Any notice that is to be given by one party to the other under this ~ Agreement will be given in writing and delivered to, 225 N. 9'~ Street, Suite 410 , Boise, ID 83702, with a copy to the Legal Department, Mercer, 1166 Avenue of the Americas, New York, New York 10036 if to Mercer or 33 E. Broadway Ave, Meridian , ID 83642 if to Client, or any other address specified by notice subsequently by one party to the other. A notice wit! be effective upon receipt. C. No Third Party Beneficiaries -Neither this Agreement nor the provision of the Services is intended to confer any right or benefit on any third party, other than the Affiliates of each party that execute a SOW, and, in such event, solely as set forth in such SOW and this Agreement. D. No Publicity- You agree not to refer to us or attribute any information to us in the press, for advertising or promotional purposes, or for the purpose of informing or influencing any other party, including the investmen# community, without our prior written consent. We agree not to refer to you in the press or for promotional purposes withou# your prior written consent, provided that we may include your name in our represen#ative client listing and as provided in Section 3(C). E. Waiver -The failure by either party to insist upon strict performance of any provision of this Agreement shall in no way constitute a waiver of rights under this Agreement, at law or in equity. F. WAIVER OF JURY TRIAL -EACH PARTY, ON BEHALF OF ITSELF AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, KNOWINGLY , VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES PROVIDED BY MERCER OR ITS AFFILIATES. THE WAIVER APPLIES TO ANY ACTON OR LEGAL ,~, PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE . EACH PARTY AGREES NOT TO INCLUDE ANY EMPLOYEE, OFFICER, ~t Page 8 December 10, 2010 DIRECTOR OR TRUSTEE OF THE OTHER AS A PARTY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM RELATING TO SUCH DISPUTE. G. Warranties of Mercer -Except as expressly set forth in this Agreement, we expressly disclaim any warranty, express or implied, including but not limited to any implied warranty of merchantability and fitness for a particular purpose. H. Enflre Agreement, Amendment, Assignment, Subcontracting -This Agreement (including any SOW and any schedules or exhibits attached hereunder) merges and supersedes all prior or contemporaneous understandings, agreements, negotiations and discussions, whether oral or written, between the parties concerning the Services and constitutes the entire agreement between the parties with regard to the Services. The parties have not relied upon any promises, representations, warranties, agreements, covenants or undertakings, other than those expressly set forth in this Agreement. Except with respect to a change in address for notices, this ~„~ Agreement shall not be amended except by a written document executed by both of us. In the event of any inconsistency between the terms of a SOW and those in the Agreement, the provisions contained in this Agreement shall prevail unless the SOW specifically amends a term contained herein. Neither of us may assign this Agreement without the prior written consent of the other, except that we may assign this Agreement to an Affiliate with reasonable prior written notice to you. We may subcontract with any of our Affiliates upon reasonable prior written notice to you, and we may subcontract with third parties with your prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. I. Governing Law and Jurisdiction -Unless otherwise provided in a SOW, this Agreement and all SOWs issued hereunder will be governed by, and interpreted in accordance with, the law of the State of Idaho and will be subject to the exclusive jurisdiction of the courts located in the State of Idaho. J. Severabllity- It is the intent of the parties that the provisions of #his Agreement shall be enforced #o the fullest extent permitted by applicable law. To the extent that the terms set forth in this Agreement or any word, phrase, clause or sentence is found to be illegal or unenforceable for any reason, such word, phrase, clause or sentence shall be modified deleted or interpreted in such a manner so as to afford the party for whose benefit it was intended the fullest benefit commensurate with making this Agreement as modified, enforceable and the balance of this Agreement shall not be affected thereby, the balance being construed as severable and independent. K. Advice on Legal Matters - We are not engaged in the practice of law and the Services provided hereunder, which may include commenting on legal issues or drafting documents, do not constitute and are not a substitute for legal advice. ~„` Accordingly, we recommend that you secure the advice of competent legal counsel with respect to any legal matters related to the Services or otherwise. Page 9 December 10, 2010 L. Counterparts -This Agreement may be executed and delivered (including by facsimile or a scanned PDF version} in one or more counterparts, each of which when executed shall be deemed an original, but all of which taken together shat! constitute one and the same agreement. If you have any questions about these terms and conditions, please do not hesitate to call me. If not, please indicate your agreement to the terms of this Agreement by signing the enclosed copy of this Agreement and SOW, if applicable, and returning it to us. Mercer Heattf~& Benefits LLC, in each case, solely in connection with the Services it provides pursuant to a SOW Mercer Health &fBenefits, LLC ;~ By. i , + Name: Shelli Stayner Date; ~~"~~'" `d~OIO (Please Print) Title: Principal, ACCEPTED AND AGREED City of Meridian ~~ ! r Name: ~-arnw~.u dp 1~ (Please Print) Date: ~ ~ Title: , ~~a-~~~~ Meridian City Council Meeting ne-rF~ necember 14, 2010 ITEM NUMBER: 5,1 PROJECT NUMBER: ITEM TITLE: License Agreement with Nampa Meridian Irrigation District (NMID) for the Water Line Replacement at Northwest 4th Street to Carlton Avenue MEETING NOTES ~~""~' CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ ~ Or 1~Iv'~t rY~~\ed -tv N 1-~l\ - coc~r~ ,~~~i~E IDIAN~-- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington DATE: 11/22/10 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Nampa Meridian License Agreement Water Line Replacement NW 4cn_ Carlton Ave. (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve a License Agreement with Nampa Meridian Irrigation District for an 8-inch water main crossing as part of the NW 4~`/Cazlton Ave-Water Line Replacement project. 2. Authorize the Mayor to sign the Agreement. II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer 489-0349 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION This project is for the construction of water line replacements in NW 4~' St from Pine Ave. to Maple Ave. and Carlton Ave. from NW 4"' Street to NW 5~' St. These water lines have been identified as some of the most critical water lines within the downtown azea. The water lines aze outdated and undersized 4-inch, cast iron ~` and asbestos pipes. The attached agreement is a requirement of Nampa Meridian Irrigation District to perform construction activities within their easement of the Hunter Lateral. Page 1 ojl ADA COUNiY RECORDER J. DAVID NAYARRO AMOUNT .00 13 IOISEIpAN01y2811O 08:16 AM N~1'•I'NI~I"I'I~~'d~`i'I~'II"~~~~ DEPUTY Uta Ball i ` 11 1 RECORDED-REQUEST Of i 1012186 Nampa Irtipallat LICENSE AGREEMENT da of ~_~ ~p 10. This L1:CENSE AGREEMENT, is made and entered into this ~_ Y by and between NAMPA & MERIDIANftRe State oON DQS pa ty ofthe'firgapart, Idiereinafteraeferred'ta existing under and by virtue of the laws o as the "District", and Cl"CY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 hereinafter referred to as the "Licensee", W ITNESSET_H_: WHEREAS, the Dish•ict owns the drainage ditch oe dfl ina ~ of theRrrilaation and d~ainA~ C4t~A~; .~"~ (hereinafter sometimes referred to as ditch or dram ), an ui b p and system of the District, to eetairtl~e~ditahord Au~andltoaccessthed tchordai'sin for t~ose'purposesLand; operate, clean, maintain, and ~ p Wl-IEREAS, the District operates, cleans, maintains, repairs and protects the ditch ar drain for the benef t of District landowners; and, WHEREAS, the Licensee is the owner of of real property that is servient to the Dist.rict's ditch in' drain and easement, and is particularly described in the "Legal Description" and/or deed attached heret~~ as Cxhibit A and by this reference made a part hereof; and, WHEREAS, the ditch or dro~~ d bssthis reference na le arpart hereo~ nd,c' gybed in Exhibit A as shown on Exhibit 13, attached beret y WHEREAS, the Licensee de~he tei ns and coedit ons of thAS IL cease A~reemei t11CI ditch ar drain and/or the District's easement unde NOW, THEREFORE, for and in consideration ofthe premises and ofthe covenants, agreements and conditions hereinafter set forth, the parties agree as follows: ~-"~ LICENSE AGREEMENT - 1 A. Acknowledgment of the District's Easement. 1. Licensee acknowledges that the District's easement for the HUNTER LATERAL includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the ditch or drain, and to access the ditch or drain for said purposes, and is a minimum of 40 feet, 20 Feet on either side of the centerline of the ditch or drain. B. Scope of License 1. The Licensee shat I have the right to modify the ditch oa• drain or encroach upon the District's easement along the ditch or drain in the manner described in the "Aurpose of License" attached hereto as 1Cxhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification of the ditch or drain and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in )/shibit D, attached hereto and by this reference made a part hereof Any difference or discrepancy behueen the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross. encroach upon or modify the ditch or drain and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or sho4v otherwise. 3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or modification ofthe ditch or drain and/or the District's easementforthe purposes and in the mannerdescribed r''"~. herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the ditch or drain except as referred to in this License Agreement without the prior written consent of the Dish•ict. ~. The Licensee recognises and acknowledges that the licensegranted this License Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acqui-•ed by the Licensee from the holder of title to the property. Should Licensee fai I to obtain such rights from the holder of title to the property or sl~ou Id the rights obta fined prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this License Agreement shall be of no force and et~ect. LICENSE AGREEMENT - 2 C. Facility Consh•uction, Operation, Maintenance and Repair l . Licenseeagrees that the work perfo-•-ned and the materials used in any construction permitted by this License Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance ofthe such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this License Agreement means any object or tliim; installed by the T.icensee on, over or in the vicinity of the District's easement) shall be constructed, installed, operated, maintained, and repaired at all rimes by the Licensee at the cost and expense of the Licensee. 3. Licensee agrees to construct, install, operate, maintain and -•epai-•each facility and condt-ct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the ditch or drain or the District's delivery of irrigation water; c. an increase in seepage or any other increase in the loss of wafer fi•om the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean. maintain, and repair the ditch or drain; f. any other damage to the District's easement and irrigation or drainage works, ~"r '}. The Licensee agrees to indemnify, hold harmless, and defend the DisU•icf from all claims for damages arising out of any of the Licensee's consh•uetion or activih~ which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f, or any other damage to the easementand irrigation workswhich maybe caused by theconstruction,instellation, operation, maintenance. repair, and any use or condition of any facility. 5. The Licensee shat I, upon demand ofthe District, removeany facility or repair any alteration of the District's easementwhich interferes with the District's operation and maintenanceoftheditch ordrain, or causes or contributes to any ofthe circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the easement and irrigation works. The District shall give reasonable notice to the Licensee, and shall allow the Licensee a reasonable period oftime to perform such maintenance, repair, and other work, except that in cases of emergency tl~e District shall attempt to give such notice as is reasonable under the circumstances. The District rese-ves the rightto perform any and all work which the Licensee fai Is or refuses to perform within a reasonable period oftime after demand by the District. The Licensee agrees to pay to the District, on demand, tlse costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and the Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising; out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm ti•om electric po4ver lines, or arising solely out of the negligence or fault of the District. /"~ LICENSE AGREEMENT - 3 r"~. D. District's Rights Are Paramount I . The Licensee understands and agrees that the ditch or drain is a manmade channel that was constructed and is used and maintained by the District forthe exclusive purpose ofconveying irrigation water to lands within the District or draining lands within the District. As such, Licensee further acl:no4vledges and agrees that the ditch or drain does not constitute a natural or navigable watercourse ur stream. The parties hereto unde-•st<1nd and agree that the District has no right in any respect to impair the uses and purposes of the iririgation or drainage works and system of the District by this License Agreement, nor to grant any -•ights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this contract shall be at all times const-•t-ed according to such principles. 3. Nothing herein contained shall be construed to impair the ditch or drain or the District's easement, and a!I construction and use of the District's easement by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the Dish•ict to the use of the ditch or drain for the transmission and delivery of irrigation water or transmission of drainage water. 4. Tl~e Licensee agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the ditch or drain. The Licensee further agrees to suspend its use of the said easementareas when the use ofthe easementareas is required by the District for maintenance a-• repair under this or any other paragraph of this License Agreement. 3. In the event ofthe failure, refusal or neglect of the Licensee to comply with all ofthe terms and conditions of this License Agreement, the license of the Licensee under ehe terms hereof may be terminated by the Disb•ict, and any facility, structure, plant, or any other improvement in or over the ditch, and~the right of way therefor, which may impede or resh•ict the maintenance and operation of such ditch or drain by the District with its equipment for the maintenance of the ditch or drain shall be promptly removed by the Licensee upon demand of the District. E. Applicable Law and ,Iurisdiction Unaffected. I . Neither the terms of this License Agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of any rights or performance of any obligations of this License Agreement. shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its drains, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this License Agreement. 2. In the event the DisU•ict is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harm less and defend the District from all casts and liabilities associated with the application of such laws or the assertion of such jurisdiction ur, at the ~ LICL-'NSE AGREEMENT - ~ option of the District, this License Agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this License Agreement. F. Indemnification I. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/orexpense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negl igent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the consh•uction and activities autltori~ed by this License Agreement. G. Fees anti Costs 1. The Licensee agrees to pay attorney fees and engineering fees charged by the attorney For the District or by the engineers for the District in connection with the nebotiation and preparation of this License Agreement. 2. Should either party incur costs or attontey fees in connection with efforts to enforce the provisions of this License Agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement For its costs and reasonable attorney fees from the other party. ~ H. Miscell-u~eous I . No Claims G•eated. Nothing in this License Agreement shall create or support a claim of estoppel, waiver, p-•esc-•iption or adverse possession by the Licensee o-• any third party against the pistrict. 2. Assi nment. Neither this License Agreement nor any agreement entered pm•suant tea this License Agreement may be assigned or h•ansferred without the prior written approval of the Parties. which approval shall not he unreasonably withheld. 3. AmendmentandModification. AnyamendmentormodificationoflhisLicenseA~;regiment must be in writing and signed by all parties to be enforceable. 4. .Interpreted. This License Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision ofthis License Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions ofthis License Agreement shall re-nain in fi-II force and effect. The parties represent and warrant to each other that they each have authority to enter this License Agreement. The catchlines or section headings herein set forth are provided only for the co-tvenience of the parties in locating various provisions ofthis License: Agreement, and are not intended to be aids in interpretation of any provision ofthis License Agreement with respect to which the parties might disagree at some fi-ture time, and shall not be considered in any wa_v in interpreting or construing any provision of the License Agreement. n LICENSE AGREEMENT - 5 ~. 5. ~inding~j''fect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easement of the Licensee within the real property described in Exhibit A, and shall be binding on each ofthe parties hereto and on all parties and atl persons claimingunder them or either ofthem, and the advantages hereofshall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. N ti es. Any and all notices, demands, consents and approvals reduired pursuant to this License Agreement shall be delivered to the patties as follows: Nampa & Meridian Irrigation District City of Meridian 5525 East Greenhurst 33 E. Idaho Nampa, I.D 83686 Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This License Agreement may be executed vid delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District Itas hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its corporate name to be subscribed by its duly autltot•ized officer, all as of the day and year herein fit•st above written. ~~~~~;[E ~`;~+~~~, NAMPA & MERIDIAN IRRIGATION DISTRICT ~~~ ~/,~~ ~ ._ ,~ _s~~,,.~ lts President ATTEST: ~ v Its Secretary /"` LICENSE AGREL-'MENT - 6 CITY OF MERIDIAN ,~, :~ ATTEST: ~` ~pRg~R,VTFO' ~. _ ~~~~ - ',,, 9~ ~sr 1s~ ' ~'~ ~.~ STATE OF IDAHO ) ~~ ~ ~~ ~~~ ~~'~~,;` C'OUAi i ~ ' ~~~~`~~ ) SS: ~//Nr-nn~it~N~ County of Canyon ) On this ~2•L,. day of ~J ..G•Ge~, ?010, before me, the undersigned, a Notary Public in and for said State, personally appeared Lee Sisco and Daren Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS Wl-IEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. STATE OF IDAHO ) )ss. County of ~~ ) •. .Y ®•° o `.o G ~ pUaL~ ~: ` •. T °•..,... . ~ ~''•a......~,~,,,.. Notary Public for Idaho Residing at ~ ,Idaho My Commission Expires: 7 ~0 12 On this It{~ day of ~v~ m~~ , 2010, before -»e, the undersigned, a notary public in and fa• said state, personally appeared 'T ,,.,~,-,____1 ~p V.1rP~rr~ > known to me to be the -~Q,,JnY of f..,le~,y~~c~ ,the entity thflt executed the foregoing instrument, and acknowledged a that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and at~ixed myofficial seal, the clay and year in this certificate first above written. LICENSE AGREEMENT - 7 q `~ ~ ~ ,9 O ~' G ~ o: . ~;. Z~•A•~,•e P~i~s G~ ~ 1 `~4~ ~SppoM~ Nota Public f Residing at ~.(£r-rltc~,r~ 1 Z My Commission Expires 1a n d . ~e-~tzl EXHIBIT A 1~ega1 Description Aright-of--way for an $" PVC water line, located on W. Carlton Avenue between N. West ~"' Sweet and N. West 4'" Street, and aright-of--way for an 8" PVC water line, located on N. West 4''' Sweet between Maple Avenue and Pine Avenue, both in the NE 1/4 of Section 12, Township 3N, Range 1 West, 13.M.• Meridian, Ada County, Idaho. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: I . remove and replace the existing water line with 8"PVC under and across the I-hinter Lateral and the District's easement, all within Licensee's right-of-waywhere N. West4''' Street and Carlton Avenue inte+sect the Hunter La.telal in Meridian, Ada County, Idaho. rXI-I)Bl'T D ~ecial Conditions a. The construction described in Ezhibit C shall be in performed in accordance with Exhibit ,,.~ D- I attached hereto and by this reference incorporated herein. b. Licensee shall notify the District prior to and immediately after construction so that he ol- the District's engineer's may inspect and approve the construction. c. Licensee represents that Licensee has complied with all federal, state ol• other laws, rules, regulations, directives orother requirements in any form regarding environmental Inatters,and specificall~~ those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performanceofthisagreementbroadlyconstrued. Licensee recognizes itscontinuingdutytocomplywith alf such requirements that now exist or that may be implementedor imposed in the firture. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environ-nent resulting from the discharge or other activity by Licensee which is the st,l~ject of this agreement. d. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity. public or private, with respect to environmental matters relating to the subject matter, terms or performance of this aglee,nent unless the District shall be solely responsible for the condition or activity wl+icl+ gives rise to any such penalty, sanction, directive, Clalnl , ACtIOn or reglllrement. e. In theeventthe District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which ,...~ LICENSE AGREEMENT - 8 is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, tilinband other requirements. f. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or impl ied, to regulate control, or prohibit the discharge or contribution of pol lutants or contain inants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised Uy governmentzil environmental agencies. g. Construction shall be completed with by March 15, 201 I. Time is of the essence. ~ LICENSE AGREEMENT - 9 ~:_~ ,,~ . ~ w E~h:ibit F3 ^t 4 ~~ a s ~ ~ `4 t ~ $ $ ~ 2 ~ :{ a S $ € g ~ g ~ ~ v ~ s C ~ ~ C ~ t ~ I ~ ~I • oo Q~ o.D ~ of < ~. ;! m o ~ ni _~ ~ g! fA i ~ I v~ t 1 .+ ~'" ~ i^' ~I w o } i ~ ~. S ~~'^ ~~ ~~ ~~~ Ax ~~ ~~ ~ 1= ~ ~ _ 55~} y ~ 1 , ~:~_. R~*~ z ~ N. NEST SM ST. ~C- w~f ~~ ___~ -: ~: ! N H$ ~y ~ : :, ~y ' ' °i i i. y fro ~~~ »~ ~ tt ~il ' - i 'I Ij~ i ~ • ~ ., l 4 ~ i ~~ ~i al ~. ~. _ .'s, ~g Et~ ~ ~ ~;. 'Jo ry~ N y ~,} p Of n ~ ~. yF' ~ 1 1 P I _ .T _ _. s j~ i _ -_` N_NEST.IM ST. . ~ ~ ~ ; ~~ * I E~9»; QQ ti'={ ~ ~ ~ zxx~ ~~~ ~ o Y ..rua. ~ rs 3T ~S i<t ~~ 0 ~' D o r l ~l 0 s „ ~ o 8 1 p O ® O O O 0 0 0 0 N N N ai ~ ~ a ti ~~ss=-s ~mF ~= ~°~~ ~~~~~ i$~ s'" ;ice 3~ a >\`1g~$ 9Rf~~,a° rOjr~l ~e `ay ~$017i e~~^gn $~'~ Oln ;ran b^1~ -1 o"~~ a: >.S Qou. o'w C ~ u ° T ~ o ~ : ~ N~ ~ ~ gg ~08~~ ~ a ~~ NS •~ $ o , R ~ '~ ~ e ~ e ~ ~~~~~~ ~ ~ a^~ ~ ~M~~~~ p ~ ~ ~ ' I oa[ .twso. 3 r..ttt im[: CARLTO W N AVE. cm nt wcua.~_vw-s_rna~ ~ •• a nuwx ww~ I~f A ~ lt'~/~^ ~~ Y~` A ~ . . ~{ /l 8636 ) -of- E~IDI C ~N~j'''~ .~c~mc o~ n a w.N... ~ S~ rwwiw .o. ~;% WATERLINE PLAN wN: .m. T... ~ awo w.T 6 nw x .u: .T Tre.. laa) .a-.,n Exhibit D-1, page 1 NNpp N . ~i O g N .^~. ~ ~ ~ ~ ~ ~? , .~ ;~ o~ ~~ ;~ N ~~ O N O ~~ ;N o~ ~~ :~a~ e ~, N$~ `,~ ~ ~~ ~~ :~ o~ ~~ N ;- ea t! r W G> v ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~~ -~ ;~ o~ ~~ :c~ e (n N~ O t ~~ ~ ;~ a ag ~~ o .Ce1 ~, N ~ O W ~+ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _m ~- o oxg8~ ~ !+ O // ~1tY e N~ O f.11 ~+ coo ~ ~ ~W . ~ '~ e~ qg °•g ~ ~~ ~ :(~ eN e~ N s, N ~a ~+ , + ~^ ~~ ~ ~~ a '~ gW ~ ~ ~ 8 ~ ee~ *^~ woo eat .Wn «..p,..et..ecuoe~w •,, oert 5 ~ N. YVEST 4TH ST. ~- ~ • "~ "'-• 9 TRANSCML -Of E IDFZ, IAN#--` s,a. mm "'"'~ "~ • "°'• ~ ~; a .,ter „n+~ 8636 .mo usr rwwN eo. ~ ~unn~ ~ CROSS SECTION aac eerr, woo owo ~+ ~ nm .rc r ew.~ (m7 .es-.en Exhibit D-1 , page 2 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ i~t~~t ~~ ~~=F~ 9F ~'r~Ya °N t °~~4~ ~a ~~a' a r-r-_ 1 . ~ ~ N ~ _r ~ ~ vV ~ T T p 1 9 ~ fl N A V $ ~ a F g g g x N ~ y 9 < ' 2 I~ ~' tt UUO O m O Z m H 0 s ~ ~ ~ ~ ~ ~ ~ r~ 1 . `,\. !4 W CAFITON AVE. ~ ]~ R+ u~ >~ Y * ~ ~ ' ~ ~ I' r- ;a ~: ° 0 O 4 © ~ CY. 3 4 po 1~R y LO ) q • a a MAA GRR~ Q ~ p 8;p1 ;Y ad ~ ~j..OO R 3gS •'3~~ a~ N g+o R:o ~~~ ~ ~oR °o~i gs°d ~ ~~o° ~iS $~o o RR q Y ^~ N x yy p ` 3ypi'~ .$ o ~.u 1 ~ ~~ m ~~ ~ ~+~ ~ ~:13 ~~ ,3~ ~i ;3s v~ ~ ~9 yN 9~ Sy ~ H P y~ ~~<In O N N 9 gg Vf}~ ~~ 9n` ~In ~ O~< O u' O N m ! O N o ~ i4( ~ m N = yS m> S h 4 ^ b _ u_ ^ ~ ~ ~ °' .1 ~ iO A ° D ` O r Om .4~1 C 1.1 ~Q 7 N I asC ~i O s + n s R~ ~ g >R o 6 z ~ e° = o° T 4p ~ ( P ; fN~ ~ A r Z ~~ O V N ^ m ~'o sp z ~ z ~ ~_ v _ < ~~ ~ ( ~~~~ ~~ ~~~ ~ ; g ~ CT u M ATCH LINE STA. 9+00 $ ~ $ 4 ~ ~~ ~ ` ' A /y~ I ~~ m z ni°an mu: um nt wr:ir)w_r)af+]~- ~_ are 3 ~evrsw N. WEST 4TH ST. °""""^ •'°""" "" " TRANSCIVIL C~E IDIZ IAN i """"'`° ~` • "°" 8636 -Of- ;- ~ ~, nom: ~ ~ ..rocn. rw w S>aO ~,.:) ~.,,~,~ p ~ 1D"NO ' ~~~ WATERLINE PLAN v+c mr.. moo n«° uw) ~ .~9) N 8 N°) f°11L' b YOIII (lI ) NJ- Exhibit D-1 , page 3 Meridian City Council Meeting InoTE~ December 14, 2010 ITEM NUMBER: 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 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~a_ ~~ .~-- ___- 1 Or~t~\nc~\ rv1o.i ~~c~ `~ ~o~re.r~ C cx~ r~ W N ~ 1 ~~i~E IDIAN~- IDAHO Public Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: 12/7/2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 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: I. 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 John Boyd, Engineering Technician (Project Manager) Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works 489-0364 489-0341 489-0350 489-0372 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 along 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. Service/Delivery Impact: 1. The installation of this sewer trunkline will allow the Observation Point lift station to be removed from service. It will also remove the requirement for several other proposed small lift stations and off-peak pumping stations to be built as the effluent will now be channeled through this trunkline to the Black Cat Lift Station. Without approval of this License Agreement the installation of the abovementioned utility line cannot take place which would cause a reduction in sewer services to residents east of Meridian Rd. B. FiscalImpact: 1. There is no Fiscal Impact from this action. V. ALTERNATIVES A. Not Applicable VI. TIME CONSTRAINTS A. Not Applicable VII. LIST OF ATTACHMENTS A. Nampa & Meridian Irrigati n District License Agreement Approved for Council Agenda: arren Stewart, Engineering Manager IZ S/ iv to Page 2 of 2 ,,,..~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT ,00 11 IOISEIDAHOI?I28I1D OS;16AM RECOADED`AEDUESTOF 1111~11911O11011111a19111111181811~11 Nampa Irrlpa8on 1101218b3 L1CINSE AGREEMENT This LICENSE AGREEMENT, is made and entered into this ~_ day of• .1LC¢~w(,.e~. , ZU I U, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized acid existing under and by virtue of the haws of the State of Idaho, party afthe first part, hereinafter referred to as the "llistricC", and CITY 01= MERIDIAN, 33 Gast Idaho, Meridian, Idaho 5361? hereinafter referred to as tl•te "Licensee", WITNI:SSL'I'l1: WHEREAS, the District owns the drainage ditch or drain Irno4vn as the I<ENNI:;DY L.A'fIRAI... ~1 (hereinafter sometimes referred fo as "ditch or drain"), an integral part of the irrigation and drainage ~~•urk and system of the District, tocether ~~~ith the easement therefor to convey irrigation and ch•ainage ~r;urr, i~~ operate, clean, maintain, and repair the ditch ar drain, and to access the ditch or drain frn• those purpas~~s: and. WHEREAS, the District operates, cleans, maintains, repairs and protects the ditch or ch•nin for the beneFt of District landowners; and, WHEREAS, the Licensee is the o~~mer of ofreal property that is servient to the District`s ditch ar •~ drain and easement, and is particularly described in the "Legal Description" and/or decd attached hereto as Exhibit A and by this.reference made a part hereof; and, WHEREAS, the ditch or drain crosses and intersects dae real property described in 1=xhibit A as shown on .Cxhibit I3, attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to cross, enCl'U1CIa Upon OI' nlodlfy said ditch or drain and/or the District's easement under the terms and conditions of this License Agreement-, NUW, THEREI=ORE, for and in consideration ofthe premisesand ofthe covenants, a~~reem~nts and conditions hereinafter set forth, the parties agree as follo~a~s: I.IC'LNSE AGRErMI^N•1' - 1 A. Acknowledgment o1'the Dist-•ict's Easement. 1. Licensee acknowledges that the Uish•ict'seasementforthel<ENNF,DYLA"fERALincludes a sufficient area of land to convey irrigation and ch•ainage ~a~ater, to operate, clean, maintain and repair the ditch or drain, and to access the ditch or drain for said purposes, and is a minimum of 55 feet, 35 feet to the left and 20 feet to the tight of the centerline afthe ditch or drain teeing downstream. 13. Scope of License 1. The Licensee shall have the right to modify the ditch or drain or encroach upon the District's easement along the ditch or drain in the manner described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification of the ditch or drain and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in l.xhibit ll, attached hereto and by this reference made a part hereoi'. Any difference or disa•epancy between the items listed in Cxhibit C, "Purpose of License." and any plans or drawings. referenced in or atCnched tc~ Exhibit U shall be resolved in favor of Exhibit L. Licensee shall only be permitted to cross, encroach upon or modify the ditch or drain and/or the Disu•ict's casement as desa•ibed in Exhibit C even il•an~~ plans i~r dra~a~ings referenced or attached to L'xhibit D provide or show otherwise. 3. This License Agreement pertains only to the Licensee's a•ossing, encroachment upon or modi fication oi'the ditch a• chain tool/or the DisU•ict's easement for the purposes and in the m;utnerdesa•ibed r herein. The Licensee shall not excavate. discharge, place any su•uctures, nor plant any u•ees, shriihs or landscaping within the District's easement, nor perform any construction or activity 4vithin fh Dititrict's easement for the ditch or drain except as referred to in this License Agreement avithout the prior wriucn consent of the District. 4. The Licenseerecognizesandacknowledgesthatthelicensegranted this LicenseAgrcement pertains only to, the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property, Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the Dish•ict from any claim by any party arising out of or related to such failure of rights and at the option of the District this l.:icens~ Agreement shall be of no force and effect. 1_IC'1?NSF, AGRLl~i~91N"I' - 2 ~,..r C. 1F'flcility ConsU•uetion, Operation, Maintenance and Repair 1. Licensee agrees that the work performed and the materials used in any construction permitted by this License Agreement shall at all times be sut?ject to inspection by the District and the District's engineers, and that final acceptance ofthe such work shrill not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld, 2. Each facility ("facility" as used in this License Agreement means any object or thing installed by the Licensee on, over or in the vicinity ofthe District's easement) shall be constructed, installedl• operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 3. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or propel•ty; b, an interruption or interference with the Ilow of irrigation ur drainage ~~~ater in th~• ditch or drain or the DisU•ict's delivery of irrigation water; c. an increase in seepage or any other increase in the loss of a~atet• from the ditch; d. the subsidence of soil within or adjacent to the easement; e• an interference 4vith the District's use of its easement to access, operate, clean. maintain, and repair the ditch or drain: f. any other damage to the District's easement and irrigation or drainage worla. s'•~ 4. The Licensee agrees fa indemnify, hold harmless, and defend the Dish•ict 1~rom all elaims for damages arising out of any of the Licensee's constructicm or activity which constitutes or causes anv c)f the circumstances enumerated in the preceding paragraph, 3.a. through 3.1:, or any other damage to the easementand inrigation works which maybecaused by the construction,tnstallation, operation, nrtintenanee. repair, and any use or condition oi'any facility. 5. 1'he Licensee shall, upon demand of the District, remove any facility or repair any Ellteration ofthe District's easement which interferes ~~~ith the District's operation and maintenance oi'the ditch or drain, or causes orcontributes to any of the circumstances enumerated in the preceding paragraph, >.a. through ,.f.. or any other damage to the easement and irrigation works. "I'he District shall give reas~~nable notice ti) the Licensee, and shall allow the Licensee a reasonable period of time to perti)I•m such maintenance. repair. and other work, except that in cases ofemergency the District shall Eltlentpt t0 glVe S.UCh nOUCI'.rlti, I$ I'l''ilSi)nElb1C under the circumstances. The District reserves the right to perform any and all avorl: which the I_icr:nsc;e tali I or refuses to perform within a reasonable period o1'time after demand by the District. The Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the L,icensce or any third party against the District for failure to exercise the options stated in this paragraph, and the Licenser shall indemnify, hold harmless and defend the District from any claims made against the District arising, out of or relating to the terms of this paragraph, except for claims arising from any work which unrcasimabl~• exposes the District's employees and agents to the risk of harm from electric power lines, or arising si)lel) out of the negligence or fault ol'the District. LICI3NSE AC1R1?L>\9LNT - ~''`~ 1). 1)ish•ict's Rights Are 1'flramounf 1. The Licensee understands and agrees that the ditch or drain is a manmade channel Uru wus constructed and is used and maintained by the Uisb•ict for the exclusive purpose ofconveying irri4,arion water to lands within the District or draining lands within the District. As such, licensee further acl:no+vled`~es and agrees that the ditch or drain dues not constitute a natural or navigable watercourse a• stream. 2. The parties hereto understand and agree that the District has no right in any respect ro impair the uses and purposes of the irrigation or ch•ainage works and system of the District by this License Agreement, nor to ;rant any rights in its irrigation or drainage ~arorks and system incompatible with the uses to 4vhich such irrigation or drainage works and system are devoted and dedicated and that this conu•ect shall be at all rimes construed according to such principles. 3. Nothing herein contained shall he construed to impair the ditch or drain i~r the District's easement, and all consb~uction and use of the District's easement by the Licensee and the license herein provided therefor shall remain inferior and subservient to the ri~*hts of the Uistrict to the use ol•the ditch nr drain for the transmission and delivery o!' irrigation water or transmission of drainage water. 4. 'fhe Licensee agrees than the Uistrict shall not be liable for any dama~!es which shall occur to any facility in Che reasonable exercise of the rights of the District in the course oi' performance i~l' maintenance or repair of the ditch or drain. The Licensee further agrees ro suspend its use iti'thc said easementareas when the useoftheeasemcntareas is required la}~ the Dish•ict far maintenance or repair under this or any other paraSraph of this License Agreement. S. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this license Agreement, the license of the Licensee under the terms hereof' may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, tivhich may impede or restrict the maintenance and operation ol•such ditch ur drain by the Uistrict with its equipment for the maintenance of the ditch or drain shall Ue promptly removed by the Licensee upon demand o1'the District. L'. Applicable Law and Jurisdiction Unaffected. I . Neither the terms of this license Agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of any rights or performance of any obligations of this l..icense Agreement, shall be construed or asserted ru extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction ol• any federal, state, or other agency or otl~icial to the L7istrict's ownership, operation, and maintenance ul' ir> drains, drains, irrigation works and facilities which did nut apply to the District's ~upcratiims aril rictiviiirs prior to and without execution of this License Agreement. 2. In the event the District is required co comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this License Agreement or the.l,icensee's activity authorized hereunder, Licenseeshall indenutil'y,hold harmlessand defend the Uistrict from all costs and liabilities associated with the application ol'such laws or the assertion a1'such ,jurisdiction or, at the LICLNSC: AG1tEEMEN'I' - ~4 option of the District, [his License Agreement shall be oPno force and e1'Pect and the. Licensee shall c~a~r all activity and remove any facility authorised by this License Agreement. F. Intlenutitication 1. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the Districf by reason of the negligent acts or omissions ol'Licensee or its agents, conh•actocs or subcontractors in performing the construction and activities authorized by this License Agreement. G. T~'ees and Costs I . The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for the District or by the engineers for the Districf in connection 4vith the negotiation and preparation ol•this License Agreement. ?. Should either party incur costs or attorney fees in connection ~a~ith el'fitrts to rntitrce thr provisions ofthis License Agreement, whether by institution o1'suit or not, the party rightfully enforcim~ ~u rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in ca,c suit is instituted, shall be entitled fo reimbursement fur its costs and reasonable attorney fees Prom the other party. .-~-~ li. 1VIlSCC11an80n3 I. Na Claims Crcafed. Nothing in this t.icense Agreement shall create or support a clairn ul estoppel, waiver, prescription or adverse possession by the Licensee or tiny third party a~~ainsf the DisU'ict. 2 As~nntent. Neither this License Agreement nor any agreement entered pursuant to this 1,icense Agreement may b.e assigned or transferred without the prior 4vritten approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendmenfand Modification. Any amendntcntor moditicationofthis License A;;reemenf must be in writing and signed by all parties to he enforceable. 4. Intei~~refed• Phis License. Agreement shad be interpreted and enforced in accordance ~a~ith the laws of the State of Idaho. 1`his License Agreement is not intended for the benei~it ol'any third party and is not enforceable by any third party. lfany provision ofthis License Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions ofthis License Agreement shall remain in fall force and effect. The parties represent and wari•~utt to each other that thev each have authority to enter ibis License Agreement. "The catchlines ar section headings herein set. forth are provided only for the convenience of the parties in locating various provisions of this I_:icensc Agreement. and are not intended to be aids in interprefafion oPany provision ofthis License Agreement with respect to which the parties might disagree at some future time, and shall not Ue considered in any ~~•ay in intcrpretim~ or cunsn•uing any provision ol'the l.,icense Agreement. L1C'1?NSE AGRIEMLNT - 5 r` ~,."~ 5• liindinw L~ ~ffect. 1'hecoven~nts,conditions~ndabreementshereincontt~inedshitllconstitute covenants to run with, find running with, the easement of the Licensee within the real properly described in exhibit A, and shall be bindinDon each offhe parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each oFthe parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant fo this License Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 55?5 East Greenhurst 33 C. Idaho Nampa, I D 83(,86 Meridian, Idaho 8364? Notices shall Ue deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. counterparts. This License A.;reeanenhnay heexecuted and delivered in counterparts, Inch of which shall be deemed to be iln OI'1l~In11 anCl 111 of \\~I11CI1 shall constitute one and the same; instr~unent. IN WITNESS W1-IBRE01', the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its [3oard of Dit•ectors and the Licensee has czwsed its corporate name to be subscribed by its duly authorized officer, all as oi'the clay and year herein First above written. .. :., .,, ~; wy` J t ~, ,+,••\~ryri ;~ :~ ;~ c~ i... :` ' : '_:" NAMPA ~C MERIDIAN 1 GA"I'InN t S'I'ZIC'1' j w. ~' /~e.a-~-- l3y Ifs President ~~ v Its Secretary I,ICLNSL AGRL'LMLN'1' - 6 ~''~. A'ITCST: CITY OP MERIDIAN ~ ,.- / ~ ~o • ,' = ~`y' ~~~ ,,, o,~ ,~T tuT .1 ,ra , . STATL OP IDAI-10 ) '~,,, C~~ ~ tiCy~"`~~; County of Canyon ) On Ibis _~(_ day of~.ac~.G~., 2U I U, before me, the undersigned, a Notarv Public in and for said State, personally appeared Lee Sisco and Daren Coon, kno4vn to me to be the !'resident rind Secretary, respectively, of NAMPA ~~ MCRIDIAN IRRIGA'T'ION D1S1'RIC"I', the irrigation district that executed the foregoing instrument and acknovvlcdged to me that such irrigation district executed the same, IN WITNCSS WI-!f RI:Oh, I have hereunto set my hand and at~xc<I myofticial seal, the clay and year in this certificate t7rst above written. 0o~p000010000pppppp 1i~y< n o,.~~pRA M, Cp, ~' ~~ o05P •,oooooo,, p °°. - --- ,omo oOO BOO •~ •~ Notary Public Or IdahU g~ ` ~ ~OTaR}- oe = Residing at ,Idaho d ` 8 ®°°° o M•y Conunission Expires: ~ 0 ( ~ ~~ '~, ~'U Q L~ G a S'TA"fC OF IDAI-10 ) •~~~i'~'TI o•~~Oeoo~"°~~~~~~`~ '••,~, ~E ~ F Ip P ~~. )SS. °j°enpulrl/. County of ) .. On this ~V day of ~~•~~_, 2U I U, before me, the unclersigncd, a nota~.y puUlic in and for said state, personally appeared '~;~y~p~,~~, Known to me to be thr• ~i~~OY of M~~nd,~ay~ ,the entity that executed the foregoing instrument, and acknoevledged to me that such entity executed the same. IN WITNGSS WMCRCOf , I have he:rcunto set my hand and afFixed my oi'fieial soul, the clay and year in this certificate first above written. Bg01 B'Y pfd ®®go 4~J~Je`J'Pt^~6 .3^' ~° ~' ~ ~~ ~~•~ Nota y Public for _ __ ®c~ ~ `?~'rJ~ Residing at ird.IC~v~,.._1~ W ~ 1 ri~.t G _._._ I.., r a~~'~' ;~•`a~= Nly Commission Cxpires:~~~_~(t~ ®~~ L1~ ,.,'~ ~3a. madm.~HG ~,,.+N NgpR LICENSE AGREEMENT - 7 /"1 lxl~lsrr~ Leeal Description A right-of way for an 27" sewer front( line, located on Victory Road between Meridian Road an(I Locust Grove Road, in the N W I!4 of Section 3U, Township 3N, Range 1 East, [3.M., Meridian, nda County. Idaho. ~xl-IIf31T C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1 • construct and install a 27" sewer G•unl( line antler and across the I<ennedv Lateral and the within Dish•ict's easement. all within Licensee's right-ol=way where Victory Road intersects the Kennedy Lateral in tvleri(lian, A(la County, Idaho. r•xl-ul~rr D Special Conditions a. 1'he construction desa•ibed in Exhibit C shall be in performed in accordance with G~hibit D-I attached hereto al,d by this reference incorporated herein. ~~ b. Licensee shall notify the District prior to an(I immediately after construction so that he or the Dish•ict's engineer's may inspect an(I approve the construction. c. Licensee represents that hicensee has complied with all federal, state or other laws, rules. regulations, directives or other requirements in any form retarding cnvironmenttFl matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance ofthisabreementbroadlyconstrued. Licensee recognizes itsconfinuingdutyti~complywirh all such requirements that now exist or that may be implemented or imposed in the future. 13y executu,g this agreement the District assumes no responsibility or liability For any impact upon or degradation of water quality or the environment resulting From the dischtu•ge or other activity by Licensee which is the subject of this agreement. d. Licensee hereby indenu,ities, holds harmless and shall defend the District ti•om any and all penalties, sanctions, directives, claims or any action tal(en or requirement imposed by any pru•Iy ar entity. public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim ,action or requirement. e. I n the event the District is raga fired by any governments l au thorny Yo aCgtl ll'e OI' COm p1 V (~'llh any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement. Licensee shall indemnify, hold harmless suet clefcnd the: Listrict form all L1C1~NS1 nGRLL-'MENT - 8 costs and liabilities associated with such permit quid other requirements, including but nut limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements, r The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulateconerol, orprohibitthe discharge orconb•ibution ofpollutants orcontam inants to die District's facilities or to any groundwater, waters oi'the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by government,il environmental agencies. g. Construction shall be completed with by March 1 S, 201 I . Time is o1' the essence. J..(C'ENS>r AGRIIMINT - 9 Exh a. is ~t t .~3 • ~ _ _ SEE SNEET C-101 FOR CONTINUATION s ~ ~ 41' I'i`'ar-- ~' ~I'' ~ ~„ ~` j ~,; I:~ I,.; ~ , .~ J I _ IIII 'I A ~ a ~ ~ ~ I 8 ;r I.~_ s I u m. "s ~g It j . ~ .-7 I I;As~ d E - ~ :I •A«, J I I , d -~ 4 O 12 ~ I ,' V • IT' J 8 i ~I,. I . X35' 1 .. N. ~~ i ~ I~I ~ I, •I . I ~, ' I~'i# - I ~ 4 I~ I I 1~1 .„ 811„ I oi~ ~ Ii i ~• ~ I y~© I 1 ~ elll I, ~ ~~ I '~ if• ~~ ~N .I; t~ $ 1 ~ I I ~+ ~§' ' l , a s I c l ~' I;~ I ~ ~ ~~ I ~ .. I;I.~ ,~ y, QIp A 8 ~ ~ i~ A~ I w I I~ ~ II is ~S ~I _ I 11 OOrf11 ti S ® ~~ I r l ~ I ~.v . - 1 ~ u II 1 ~ Is,; S ..i ~KENNEOy U~ ~ G __ ~ IfT, ~-`~`"'" ~• H ~~ ~ ~ ~ ; r A s ~ tl I ~ ~ I~ ;~I ~~ Ir ~• li! 'j II ~ '~ ti <1 8 + ~ ,II ~I - I I '. axy I i I. {,3 ~~ ^ OI` IT f I4~ 0 ~ I 1 I Z ~ ~ ~ I ~ - - WTCRUNE SG. 1900.00 - - - SEE SNEEi C-103 FOR CONTINW710N ~ ~~~ 3~m~~~~~~~~~~s ~~ ~ ~ ~~ ~ [~m] P Am 25 ~A ~yl Zy2 ~ N P T~J yp -i ICS > y `~' Sy9 In 22 CZI Ln ~~ y Z Fp ~l f] i ~ ~$ Lr~ ~~ m CC ~ m m ~ ~ ~ ~ ~ 3 ~ O ~ 2 K ~ O 9A ~°s g ~o ~ ~ ~~ ~ ~ ~~ ~ ~ tl 4 ~+ S ~ tl$ _..~ J-U-B ENGINEERS, INC. I MERIDIAN•VICTORY SEWER CONNECTION .,....I..a.>.,~.~~"~ ^~ n ~ ~ ~ f ~ ~ P Y 250 S. Beachwood Ave. 1 9 ¢ } ~ CITY OF MERIDIAN, ADA COUNTY, IDAHO ~,a~~ ~ ~„,v ^~~ Sane 2oT ~ 0 ~ ?t ~ i SEWER Bolas, ID 83709.0844 ~ N q PLAN AND PROF~E C N v a^!zro~.~asa~ STA. 10x00.00 TO STA. 19x00.00 y,~,~,.l~p,~,,, Exhibit D-1 RINCERT A ~r-- Laura 6. sum Haan, S. Cbriatenron Jeffrey R Ctuiarenton David P. Claiborne S. Bryce Farris Jon C. Gould David Hammuquiat Chuka k Horuinger •• Jame P. Kaufman January 7, 2011 rennirer Reid taanoney Jams G. Reid Daniel V. Stttnaat Daren S. Fluke J-(J-B Engineers, Inc. 25(1 S. Beechwood Avenue, Ste. 201 Boise. Idaho 83709-0944 Re: Request for License Agreement with Nampa & Meridian Irrigation District i)ear Uaren: Enclosed is a copy of the recorded License Agreement dated December 21, 2010. between the Cite of Meridian and Nampa & Meridian Irrigation District. Yours very truly, Mailed without signature in order to avoid delay S. Boyce Farris SBF:kw Enclosure D~ Ul ~~ ~i It'_..L`~ ~ ;I I :; I~~~ .)~;~V ; tr ~t~?. i il~ ,--~ 455 South Third Street PO Box 2773 Boise, Idaho 83701 208.342.4591 FAX 208.342.4657 • also lieeaaed in OR www:r i n g e r t I a w.eom " alw aeenxd in ex~ Meridian City Council Meeting Dd-TE~ December 14, 2010 ITEM NUMBER: F PROJECT NUMBER: ITEM TITLE: Smoke-Free Parks Presentation by Meridian Parks and Recreation Department, Central District Health Department, and the Mayor's Youth Advisory Council MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 3 = A ~ ~ ~ n ~ a- ~ 3 ~ a ~ c ;; o m ~ ~ -* ~ a,n .~n n~ ~„n Don n, w ,~ V ,~ ~ ~ . O w ~G ~ Iv `C `~ m - P n n - ~o w~, w, ''°' "°' v~ ~ to ~ m o 0 ° o o a-v ° o ~O ~ ~~ ~ °'~o ~ 0 _ _ H r} ~ 3..1.. ~ X H rt VY ~ ~ ~ V4 O ~ ~ V4 H ~ VY ~ N ° a 5' a ~ .~ ~• ~. ~ ~ ~ 0 0 00~ ~o ~~ ~ +~* ~ ~ ° -~ O O ~' ~ -~ - ~ ~ ° O m m ~ ~ ~ ~ ~, ° ~. ~ a °- a. O ~ ~ ~ ° ~ ~ ~ ~ O ~' ~ h ~ ~ ~ v ~ ~ ~ O O ^ ~ ~ ~ ~ ru ~ m ~ n ~ ~ p . -r ,r o ~ Q ~ O r -r p -s ~ 0 ~ 7 ' ~ N b ~ ' '* 7 ~' m rr C o' i ~ O _~ ~ ~ ~ H O ~ ~ 7 T7 G 0~ ~ Q rD O ~- S (p .~ ~ O T C O tD ~ 7 T . . . ~ ~ '< v ~ 7 ~ a ~ ~~^ 'O* ~ 'D ~ ~ ~ rho y ~. ~ r ~ a.oNo°~r~° ~~-o ~~OfD~ ~ ' ~~~ ~ ~~^~~'~~~° ~~~ ~ oa.Q ~5 ~° ~ ~ ~ N °~ 3~~ o o~ o o~~ v o o -~, 3 a- ~ ~ ~ ~ O ~, ~ ~ O.. ~ ~ ~ O ~ ~ fl.. ~. ~ ~ ~' O ~ d ~,' p ,G v n m V1 2 m n -~ 0 z ~' n O z ~o ~T, V ^~^ Yom. ~..!' TO V S O O "O O n ~D (D (].. ~o o _. 2 N .'~F C. `_ •~'h ''i' ~ O ~ ~~.. ~ N ~ -O O ~ fl- 's ~ ~ ~ Q~ ~ < ~ ~ ._r Q ~ ~ n ocx O ~ ~ ~ C ~ ~ N. O ~. O ro 2 ~ n ~ /~ .~ N ` O ~ "NHS .-} H n. rt H rh N ^ -'' ~ O c o ~ ?~ m oT =~• ~S V H• ~ ~ 5 ~_ ~ S O ~~^' i.~l. ."h (p N O n .~ ~. 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D n ( v v ~, ~ n I ~ ~ ~ ~, o ~ ~ ~' ~ ~ o n. p o ~ ~, O .., ~ ~ D' ~ ~ ,~ ' O ~ c ~ O ~ (D ~ ~ (p N ~.. , ~ ~o ~ `° o n n ~ ~ < ~ ~ ~ Oi ~D N ='' O ~ (p (0 f0 < ~ 3 S UU ~ m ~ ~ ~ ~ ~ cn O - -++ I ~ ~ o s _ ~ 'rt+ (1 !--' 3 Gi N ~ ~ C ~ ~ O ~ 'i N ~ ~ ~ (D N d~ ~ "a O ~ O ~ v+ -a ~ ~ ~ O 0=Q N p- ~ ~ ~ n O N ~ p j ~ ~ o ~ ~ N ~ ~ ~_ o ~ ° ~ ~ o o =-~ ~ r13 ~ rD ° ~ ~~ ~ S2o ~ ~ ~ ~ ~ ~ O 7 to lD I n ~ N ~ ~• - ~ c ~ , ~ y •~ s fD o r+ ~ O ~' ~ _ ~ o, ~ o r1 a o ~ ~ ~ ~ ~+ 3 (D O C ~ p '~ ~ of ~ ~ o) '~ ~ ~ ~ (7 01 ~ 3 ~ ~ fp ' fl •"' O f0 ~ (0 r* , O ~ rt O ~ .. N 7 "D N ~p o `n '* s ~ f D x O o c ~ ~ ~ m ~ ~ a ~ ~ ~ ~ - ~ n Q ~. ~ ~ ^ ~ ~ ~ ~. o ~ c ~ `^ ~ ~ ~ a -~ ~ Z ru ~ n, ~ ~ c ~ Z ~ ru ~ o ~ ~ ~ p ~ °' ~ = ~ m g m O ~ ~ 0 n ^ ~ Cl ~ (p n , ~ < _ Q _ N. '~ a o C ~ f7 T : ~D s ~ "S N v ~ a O H ~ ~ ~ O N ~ p n 'a (~ S N ~ ,~ • ~ ~ ~ ~ te to n . ~ ~ C N O N ~' ~ ~ ~ ~ ~ ~ ~ O ' r ~ ~ ' o O o 0 0 ~ ~ ~ ~ ~ ~ ~ o ~' ~ '~ r* ~' ~ O ~ Cl ~ N 0 2 O ~' O ~ , 7 < ~' O -s [p c ~ ~ O O ~ ~ ~ re ~ ~ ci - ~ ~ rr ~ r~ ~ _' O n ~ O = ru 'a n ~, ~ .... ~ O O p .-r ~' ~ n 'C7 '~ f'1 ~ w Cl - O ~ (D fll _ 'O ~ f~D O O C to ~ CL .y. N lp ~ ~' 7r .~ `^ ~ N fD to f'1 '~ ~ r+ ~ p ~ ~ vii ~ ~ O ~ H ,~, ~ ~, ~D O C `G to 77 A N fD ~ r+ 'O _ ~ ~ ~ O ~ ~ cam, ~ f'1 ° Q ~ ~ ~ ~ ~ ~ o, ~ C1. Q ~ ~' p- ~.. ~ -s rr - ~ 3 ~ ~ n ~ o~ vii ~ ^~ p "p ~ 0'Q ~ _ '^ "*• ~ Z ~ ni Q- - v v <' ~ Qo ~ ~ - ~ ~ ^''' ~ ~ ~ "D O m o Q m ~, ~ ro O N a o < ~ rp o~ o 0 o ~ ~ 0 7° m ~ ~ °~' n ~ O "' O 7 N' c N ai ~ n v, ~ ~ Q N ~ n ~ ~ ni Z ~ ~ -p O , ~.~ s] O c O.. ro ~ ~ ~ o o ~' ~ ~ ~ ~ o' a ~ ~ o. r~ ~ ~ ~ ~ ~ ~ O ~ fD ~ ~ ~ ~ E IDIAN~-- lbAHO PARKS AND RECREATION COMMISSION A RESOLUTION OF THE PARKS AND RECREATION COMMISSION RECOMMENDING THAT CITY COUNCIL DECLARE ALL CITY PARKS TO BE SMOKE FREE PREMISES. WHEREAS, Meridian City Code section 2-2-2(C)(3}charges the Commission with proposing and recommending rules and regulations for the control and regulation of the use of the public park grounds, buildings, and playground facilities; subject to approval by the Mayor and City Council; WHEREAS, as to the public, Meridian City Code section 6-3-2(A)(7) prohibits smoking on any premises in the City where signage is posted declaring such premises to be "smoke free," and as to City employees, City of Meridian Standazd Operating Policy and Procedure no. 7.2 states that smoking shall not be allowed in City parks designated "smoke free"; WHEREAS, cigarettes consumed in City Parks create litter, increase maintenance expenses, diminish enjoyment, and pose health and safety risks to children and others related to ingestion, sanitation, and second-hand smoke inhalation; WHEREAS, Harold Cox Monument, amini-park located at 33 E. Idaho, is equipped with litter-prevention devices and does not feature amenities designed to attract underage park users; WHEREAS, the Commission finds that generally declazing City Parks to be "smoke free" would be in the best interest of the health, safety, and welfare of park users; NOW, THEREFORE, BE IT RESOLVED BY THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section i. That the Parks and Recreation Commission hereby recommends that City Council declare all City Parks, exclusive of pazking lots therein, to be smoke free premises, except that Harold Cox Monument shall not be declared to be smoke free. Section 2. That the Parks and Recreation Commission hereby recommends that City Council request that the Parks and Recreation Department Director put up signs in all City Parks, exclusive of parking lots therein and Harold Cox Monument, notifying all park users that such premises are smoke free. ADOPTED by the Parks and Recreation Commission of the City of Meridian, Idaho, this 10th day of November, 2010. APPROVED: Creg S ele, President Parks and Recreation Commission RESOLUTION OF PARKS 8L REC. COMMISSION -SMOKE FREE PARKS PAGE 1 OF l f'w ~ ° ~~: ,~ W {. c W ~ ~ :> U ~ I,L `?~ ~ c o ~ ~ M n U ~-: ~:a o ~ ~ o ~T ~ OW }O c- ~ ~ ~ a' ~ °' er ~ ~" ~ 3 0 0 0 0 ~' _ ~ ~ ~M-- T N ~ 4 ~ ~ ~- N M a ~r O ~ ~ Z o s L .' N a 4- N C R a _ ^ ~ 0 0 0 0 ~ ~ '~ ~ ~ ~ ch r~ ~r cfl tO ~ 'ct r r N C~ v, Y M °o z° a o ~ ~ y f~ ~° ~ ~ 3 ~~ c C~ a' ° o ~ o o N -,cry ~ 0 m `r_ v - y a +~+ O ac ~ ~ _ \ Y ~ `p n • ~ N - 1 ~ N 3 ~, N ~, ~ - ~ -a .. a "' N a '3 0 0 0 0~ ~, N ~''~ ~ a ~ V ~ o d ~ a° ~ L _~ Q ~ C U ~ Q r' ~ L ~ J m ~ O ~ -~ m ~ L[1 Q d' M VI ~ ~ ~ N Q O U ~ ~ ~ Y U >+ \ ~ ~ o= ~m ~ a~ ~ ~. c ~ a~ ~ ~ ~ ~ ~. ~ ~~~3 n~~a cm a~~~o ~ L C~ ~/j ~ (nM~U O ~ "O~p~~ ~ ~ O ~ ~ ~ ~ ~~ ~ ~o ~ N ~ C ~ C ca c N 0 fl' N tin ~t ~ O cis ~ O ~ 'i Q O ~ ~ ~_ N N O ~ ~ 0~--~~,V O N ~O7 ~C ~+ ~ O"~ ~ O1 O C~ Q O i~~ ~~~ O O O N ~cn o~ Eo~Y roc ~~>,~ ~~ O7~ Q C .~--~ .L ~ ~ ~ .cn c voi o ~ ~ o c ~ ~ ~ o L (~ O ~ ~ ~ ~ ~ ~ •~ O L ~ ~ ~ ~ ..c rn ~ +~ O ~ ~ p ~ fn p ~ ~ v "-' +~ O ~ ~ (II ~ ~ ~ ~ U ~ ~ L N ~ ~ N ~ ~-. ca f- ,~ I- c cts U ~ O cn N a~ a a~ Q _~ ~ Y ~ ~ U ~ ~ c o- ~ c ~ ~- c 0 0 ~ ~ (p L O) ~ N _~ ~ D O N la^--i v/ 'L 0 O oU m m~ a~ ~ ~ ~ 3~ O O ~ O O O N O LO U ~ c~ ~ ~: ~ U ~ O C O ~ o a~ ~ C~ E Outdoor Secondhand Tobacco Smoke Fact Sheet Tobacco smoke contains at least 172 toxic substances', including: • 3 regulated outdoor air pollutants • 33 hazardous air pollutants • 47 chemicals restricted as hazardous waste • 67 chemicals known to cause cancer in humans and animals This is true whether tobacco smoke is inhaled in the act of smoking, or inhaled by nonsmokers out of the air indoors or outdoors. Field studies and controlled experiments were conducted at outdoor patios2, airports2~3, parks2, college campuses3, city sidewalks2 and streets4, parking lots5, outdoor cafes4, amusement parks3, government and office buildings3, and the open-air area of a cruise ship traveling at 20 knotss (about 23 miles per hour). The results show: • During smoking, outdoor tobacco smoke levels outdoors may be as high as indoor tobacco smoke levels.3 • Being upwind from a smoker outdoors does not eliminate the chemicals from the air.2 People are exposed to higher levels of cancer-causing chemicals in outdoor areas when smoking is occurring than when smoking is not occurring.4 `Repace JL. Exposure to Secondhand Smoke. Chapter 9, ln: Exposure Analysis, W Ott, A Steinemann, and L Wallace, Eds. CRC Press (2006). z Klepeis, et al. (2007) Real-Time Measurement of Outdoor Tobacco Smoke Particles, J Air & Waste Manage. Assoc. 57:522-534 s CARB, 2006 ° Repace JL and Rupprecht AA. Outdoor Air Pollution From Secondhand Smoke. Presented at the 13`h World Conference on Tobacco Or Health, Washington, DC, July 12-15, 2006. s DenmarWBoffi b Repace (2005) Indoor and Outdoor Carcinogen Pollution on a Cruise Ship in the Presence and Absence of Tobacco Smoking Presented at the 14th Annual Conference of the International Society of Exposure Analysis, Oct. 17-21, Philadelphia, PA. Enforcin • • g and Publ~c~z~n g ~a~:r ~'obac~c~-Frye Pa~-~. Pali, A well-publicized policy informs park users about the reasons why the policy has been adopted and helps enforce the policy by reducing violations. 1 Post Signs The most important way to publicize your tobacco-free policy is by posting signs. Let Community Members Know About the Policy In addition to posting signs, park and recreation staff has used a variety of means to educate citizens about their tobacco free policies: If you have not done so ~'~~'~ already, contact Central ;'rn„~ ~,,,~ ~~ ~~E District Health Dept. to "~~ °K~"` order your FREE metal tobacco-free signs. The following locations are suggested places for posting your tobacco-free signs: • Fencing around playgrounds and fields • Backstops • Picnic shelters • Restrooms • Concession stands • Parking lot entrances • Lifeguard stands • Hiking trail entrances 3' Ask for Assistance! • Central District Health Department 707 N Armstrong Place Boise ID 83704-0825 (208) 375-5211 FAX: (208) 327-8610 www.cdhd.idaho.gov • Staff notification of the new policy and setting procedures for handling violations. • Bookmarks or small notification cards explaining the policy distributed by park staff or community members to park users. • Articles in a local or regional newspaper, as the result of a news release or reporters' coverage of city council meetings. • Park and recreation department and city newsletters. • Recreation program brochures, catalogs, and announcements. • Rulebooks or policy statements that are distributed to sports league administrators, coaches, officials, parents, and participants. • Other fact sheets or educational articles about tobacco and secondhand smoke distributed at coaches' meetings, in mailings, or through newsletters. • Postings on the recreation department's or city's website. • Public address announcements at recreation events. Or public service announcements on local radio stations or public access cable channels. • Kick-off celebration or community event with tobacco-free pledges, activities, etc. Potential dates for this event: Spring -Kick butts Day; May 31-World No Tobacco Day; Thursday prior to Thanksgiving-Great American Smoke Out. Please note: computer artwork files are available from CDHD for the tobacco free sign image. Free Signs Available with Smoke-Free or Tobacco-Free Park Policy To Qualify: Policy must list all facilities covered, statement of what forms of tobacco prohibited, enforcement plan that includes user and staff notification and signage. Wording may be modified. In Ada, Boise, Elmore, or Valley County -contact: Joanne Graff at Central District Health Department for details: 208.327.8543 or j~raff(acdhd.idaho 18 inch square (25" on point): G:\WORDDOCS\Tobacco\ZO10-2011 Grant\ARRA-Parks\Signs\Free Sign Examples.doc9/27/2010.jg 12 inch x 18 inch: ~~ ~~ ~~-~`~-~`~~-~~ Parks are for everyone, right? DEC 1 4 201 parks are built to promote healthy activities CIT OFGCT~~~ T ~ and improve the quality of life for community members. Tobacco-free policies promote good health. pa ~''~ Tobacco-free environments show a s ~ ~ Cammunity~5 support for the health, safety and welfare of ReCr~eatl~~ community members. ~1"~.-as Tabacca-free policies help establish a Of't'1tt'lunlty riarnl that says tobacco use is not an pr ~ acceptable behavior for young people or adults. When children see adults smoking in a family place like a park, they think smoking is H ea Ith ! acceptable and are more likely to copy the behavior. Tabacca-free palicies help reduce litter. Cigarette filters aren't biodegradable -they'll stay around for a long time unless picked up. What's the big fuss about? Cigarette litter Is dangerous. Discarded cigarettes pollute land and water. Worse, yet, cigarette butts can be eaten by children, pets and wildlife. Ingesting cigarettes is hazardous! Secondhand smoke har s eYeryone. The 2006 Surgeon General's Report on secondhand smoke concluded that secondhand smoke is a human cancer causing agent. The U.S. Environmental Protection Agency states that there is no safe leve of secondhand smoke. Secondhand smoke is harmful in outdoor settings, too. Studys show that secondhand smoke levels in outdoor public places can reach levels as high as those found in indoor spaces where smoking is permitted. What can we do about it? Local governments tan enact policies to restrict tobacco USe. Neither federal nor state law prohibits local governments (cities, counties, etc.) from regulating tobacco use outdoors. A local government can pass a policy or an ordinance to restrict tobacco use in parks and recreation areas. Park policies cover city or county-owned parks. They are established by local park boards and are often approved by city councils or county boards. People who violate a policy can be asked to stop the behavior or leave the premises. An ordinance is a local law, generally passed by a legislative body (city council) and signed by a city executive (mayor), and then enforced by local police and district attorneys. Violating an ordinance can result in a fine. Q~ .~ F,, ~~ ~,~, ~ r Won't policies and laws keep people from using parks? Tobacco-free policies for parks and other recreation areas ensure that all citizens have a healthy place to relax and play. Smokers already work, eat, shop and live in smoke-free environments. It seems logical to include parks and other recreation areas as well. Surveys conducted in many communities across the U.S. show that the majority of citizens support tobacco-free parks. Tobacco-free ~SOlicies are similar to ones that prohibit alcohol use, littering and pets off leash. Each one of these policies are established to protect the health and safety of all citizens. CENTRAL •~ DISTRICT ~THEALTH DEPARTMENT Central District Health Department 707 North Armstrong Place Boise, ID 83704-0825 208-375-521 1 FAX: 208-327-8610 www.cdhd.idaho.gov Tobacco use is the single most important risk factor for cancer incidence and mortality.' Cancer is the leading cause of death in Idaho and lung cancer is the leading cause of cancer-related death for both men and women.2 Cigarette smoking increases the risk for many types of cancer.3 Cancer-causing agents (carcinogens) in tobacco smoke damage genes that control the growth of cells, causing them to g row abnormal ly or to reproduce too rapidly.' Incidence of Tobacco-Relate d Cancers by Health District ( 2007)' Cancer HD1 HD2 HD3 HD4 HD5 HDb HD7 Totals Bladder 74 32 40 56 30 19 34 285 Cervix 4 1 8 14 5 1 2 35 Colorectal 108 55 108 153 70 63 47 604 Esophagus 15 1 12 18 13 10 3 72 Kidney 36 19 38 56 25 20 21 215 Larynx 8 3 7 12 9 2 7 48 Lung 147 72 138 210 104 59 64 794 Oral Cavity/ 32 1 1 25 43 21 15 16 163 Pharynx Pancreas 26 16 26 37 34 14 14 167 Total by HD 450 210 402 599 31 1 203 208 2,383 To see which counties fall in each Health District see the back side of this sheet. Morbidity & Mortality Tobacco use is the leading preventable cause of disease and premature death in the U.S., resulting in an estimated 438,000 (1 in 5) premature deaths annually.$ Approximately: • 2.4 million cases of tobacco-related cancer were diagnosed during 1999-2004 in the U.S.B • 30% of cancer deaths, including 87% of all lung cancer deaths, are attributable to tobacco use.a • 1,500 Idahoans die each year from smoking.b • 5,805 people died from lung cancer from 2000-2009. Of these, 3, 247 were male and 2,558 were female.2 Bladder Tobacco consumption has been associated with a 2 to 5 fold higher incidence of bladder cancer.' Cervix Exposure to cigarette smoke is a known risk factor for cervical cancer.' Colorectal Cigarette smoking is significantly associated with colorectal cancer incidence and mortality.' Esophagus Reductions in smoking and smokeless tobacco use could prevent many of the new cases and deaths from esophageal cancer occurring annually.' Kidney Smokers are at twice the risk of developing kidney cancer as non-smokers.' larynx The combination of alcohol and tobacco use increases the risk of laryngeal cancer.' Lung Lung cancer is the leading cause of cancer death, and cigarette smoking causes most cases.' Oral Cavity/ Reductions in the number of people who use tobacco products could prevent most of Pharynx the new cases and deaths from oral cavity and pharynx cancers annually.' Pancreas Pancreatic cancer is more common among smokers than non-smokers.' _ r~ Butte Blaine _ f Y ~ oa Lincoln ~ ~S~-.,-. ~•. O ~ Owyhee ~~ erom ~~ Twin ~, Falls Cassia References 1. Annual Report of the lancer Data Registry of Idaho. Cancer in Idaho 2001. December 2009. Available at www.idcancer.org. 2. Bureau of Vital Records and Health Statistics. Idaho Dept. of Hea-th & Welfare. Sept. 2010. 3. (enters for Disease (ontrol. Smoking & Tobacco Use. Available at http://www.cdc. ggov/tobacco/basic information/ health_effects/cancer. ;.;>,~~ Clark Fremon ~ Bonneville Bingham A Caribou 4. Behavioral Risk Factor Surveillance System. Results from the 2009 BRFSS. Idaho Behavioral Risk Factors. 5. Youth Risk Behavior Survey. 2009. 6. Toll of Tobacco in Idaho. Campaign for Tobacco free Kids. Available at http://www. tobaccofreekids.org/reports/ settlements/toll.php?StatelD=1D. 7. The Health Consequences of Smoking: A Report of the Surgeon General. Moy 27, 2004. 8. (enters for Disease (ontrol MMWR. Sept. 5, 2008. Surveillance for lancers Associated with Tobacco Use. U.S. 1999-2004. Goals of CCAI Join us in the efforts to: • Decrease the incidence of preventable cancers • Decrease preventable cancer deaths • Improve the quality of life for people in Idaho affected by cancer Call to Action You are invited to: • Support evidence-based policy and legislative solutions designed to eliminate tobacco as a major health problem • Adopt the appropriate tobacco-related goals, objectives, and strategies from the Idaho Comprehensive Cancer Strategic Plan and Tobacco Free Idaho Alliance (TFIA) Strategic Plan as priorities for your organization • Become a champion for effective tobacco prevention and cessation programs, which support tobacco-free lifestyles • Refer friends, family, coworkers, and employees to cessation programs and services • Join CCAI and the TFIA and work toward atobacco-free and healthier Idaho Information & Resources Comprehensive Cancer Alliance forldaho www.ccaidaho.org ccai@teamiha.org Cancer Data Registry of Idaho www. idcancer.org Idaho Comprehensive Cancer Control Program 208-332-7344 Smoke-Free Park Policy Evidence of Public Support In Ada County: • 58% of Boise residents recommend the City of Boise ban smoking in city parks & facilities. Boise Parks & Recreation 2009 Comprehensive System Plan Survey • 68% Ada County survey responses supported tobacco-free city parks. 85% Ada County survey responses supported tobacco-free playground areas within parks. Central District Health Dept Community Tobacco Survey, 2010 754 surveys at 5 venues within Ada County In Idaho: • More than half of Idahoans surveyed support smoke free outdoor areas, especially when children are present. Department of Health and Welfare 2009 78% of South Central Public Health District Survey responses supported tobacco-free parks. South Central Public Health District, June 2010 • 80% of North Central Public Health District Survey responses supported tobacco-free parks. North Central Public Health District, August 2010 In United States: • 79.2% supported "Smoking should not be allowed at all in outdoor children's playgrounds/sports fields." Tobacco Use Supplement to the Current Population Survey (TUS-CPS) U.S. National Institutes of Health. Surveyed: 167,046; 2006-07 G:\WORDDOCS\Tobacco\2010-2011 Grant\ARRA-Parks\Community Tob Survey\Summary Survey Responses Ada, ID, US.doc 10/21 /2010.jg CENTRAL •• DISTRICT ~1'1"HEA LTH DEPARTMENT Community Tobacco Survey April 6 -September 23, 2010 N= 754 Tobacco ucp chn~~~ii ttia .,..,,~:-.:~,.., ~__~ _.._____ . TOTALS - 5 ve * .. ~ 9 , •v` p"vw`u 't' " laces: nues Stroh I Y Disa ree disagree Neither agree nor disagree Ag ree Stroh 91y A ree P k ar s Playgrounds 14% 9% (105) (67) 6% 2% (45) (11) 12% 4% (88) (31) 8% 4% (62) (32) 60% 81 % (454) (613) Q td u oor sports facilities 12% (94} 5% (35} 17% (126} 9% (67) 57% (432) Skateboard/bike parks 10% (74) 3% (26) 8% (61) 13% (99) 66% (494) Hiking/biking paths 13% (95) 7% (51) 14% (107) 8% (62) 58% (439) Picnic grounds 10% (74) 5% (37) 13% (94) 9% (71) 63% (478) How often do you visit a Boise or Meridian Park? Total: Once year Skipped 10% (77) I 2% (12) Where do you live? Boise or Meridian Within 20 miles of Over 20 miles from Total: 70% (529) 24% (183) 4% (32) H e 6 -10 11-17 18-24 Total: <1 % 15% 12% 2 (115) (91) 25-39 40-50 51+ Skipped 43% 327 19% 142) 9% (70) 1 % (6) Ever been bothered by secondhand smoke while in a Boise or Meridian City Park? N~726 Yes Total: ~ 43% (314) ~ *Survey venue/dates/(number) Baby Steps Program 4/6, 4/15, 9/23 (39) Boise Hawks Fan Fest 5/7/10 (161) Meridian Speedway 7/10/10) (265) Meridian Settlers Park Movie Night 8/6/10 (67) Meridian Cit Rec Softball Bear Creek Park 8/23-26/10 222 Once week .Once month 56% (426) 32% (239) G:\WORDDOCS\Tobacco\2010-2011 Grant\ARRA-Parks\Community Tob Survey\CDHD Survey Results Apr 2010 -Sept 2010.doc10/21/2010.jg ~ _ 7o m y n a ~ ~ a v- 3 3 a: ~ c r~ o ~ ~ ~ ~ rnn ~ n N n~ ~ n oon n W ~G ~~ O fl C W `G N `G m .. n ° ~.d, ^. ° ~ a ~ . 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S ~ O ~- ~ ~ ~' ~ N S ~ O ~ ~ ~ S O r -r r-r n i , + _ ~ ~ O f D ~ X rr ~ ~ ~ ~ p ~ ~ O n v N ~ v N ° n n C ~ N ~ n~ ~ a (D ~ N -~, O a rt ~ v i ~ v N O aJ ~ d O ~ (~ O O< to ~ O (D O O * rt O 9l fD D aJ ~ ~ v, Q O n ~ n Qp ni ~ ~, cn n O tD Q. r S rD Q. ~ `< ~^ ~ ( ( D 0 ~ ~ m v ' ~ ~ rr fD O ~ ~ ~ ~ ~ C v° fD ~ n , ~ n v, - ~ ~ ~ ~ ~ ~ rt n fi ~+ ~ n ~ ~ ~ n, z O -~ a _ ~ ~ r~ o ~ -~ ~ ~ n o ~ ~ ~ N N ~ . o ~ rt ~ p ~ O• ~ r' ~ ~ N fD ~ ~ ~ (D S fD 7 , O ~ ~ ~' rr O j ~ n ~ O Meridian City Council Meeting neTF• necember 14. 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Resolution No. ~ C~ - ~ ~ :Declaring City Parks Smoke Free Premises MEETING NOTES /~~ a~~. CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. L l7 _ ~ SG BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADOPTING THE OMMENDATION OF THE MERIDIAN PARKS AND RECREATION COMMISSION THE CITY PARKS BE GENERALLY DECLARED TO BE SMOKE FREE PREMISES; AND PRp SIDING AN EFFECTIVE DATE. WHEREAS, on November 10, 2010, th; unanimously vote to recommend to the Mayor a parking lots therein and Harold Cox Monument, WHEREAS, as to the public, Meridian City Op` any premises in the City where posted signage designa employees, City of Meridian Standard Operating Policy shall not be allowed in City parks that are designated "s~ WHEREAS, cigarettes consumed in City Parks diminish enjoyment, and pose health and safety risks to sanitation, and second-hand smoke inhalation; Meridian Parks and Recreation Commission did City Council that all City Parks,,: exclusive of declared and posted smoke free premises; maintenance expenses, others related to ingestion, WHEREAS, Harold Cox Monument, amini-park located at E. Idaho, is equipped with litter-prevention devices and does not feature amenities de 'gned to att ct underage park users; WHEREAS, the Mayor and City Council fmd t at generally decl g City Parks to be "smoke free" would be in the best interest of the health, safety and welfare of park ers; NOW THEREFORE, BE IT RESOLVE BY THE MAYOR AND ITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That all City Parks, each smoke free premises, except that Harold Co of parking lots therein, are hereby Glared to be nument shall not be smoke free. Section 2. That the Parks and in all City Parks, except Harold Cox T parking lots therein, are smoke free. Department Director is hereby directed post signs notifying park users that such premises, exclusive of Section 3. That this Reso tion 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 , 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2010. APPROVED: Mayor Tammy de Weerd ATTEST: Jaycee Holman, City Clerk section 6-3-2(A)(7) prohibits smoking on such premises "srrioke free," and as to City ld Procedure na: 7.2 states that smoking ice free"; RESOLUTION DECLARING CITY PARKS SMOKE FREE PREMISES Page 1 of 1 E IDIAN-- ~; PARKS AND RECREATION Ct~MMISSION A RESOLUTION OF THE PARKS AND RECREATION COMMISSION RECOMMENDING THAT CITY COUNCIL DECLARE ALL CITY PARKS TO BE SMOKE FREE PREMISES. WHEREAS, Meridian City Code section 2-2-2(C)(3) charges the Commission with proposing and recommending rules and regulations for the control and regulation of the use of the public park grounds, buildings, and playground facilities; subject to approval by the Mayor and City Council; WHEREAS, as to the public, Meridian City Code section 6-3-2(A)(7) prohibits smoking on any premises in the City where signage is posted declaring such premises to be "smoke free," and as to City employees, City of Meridian Standard Operating Policy and Procedure no. 7.2 states that smoking shall not be allowed in City parks designated "smoke free"; WHEREAS, cigarettes consumed in City Parks create litter, increase maintenance expenses, diminish enjoyment, and pose health and safety risks to children and others related to ingestion, sanitation, and second-hand smoke inhalation; WHEREAS, Harold Cox Monument, amini-park located at 33 E. Idaho, is equipped with litter-prevention devices and does not feature amenities designed to attract underage park users; WHEREAS, the Commission finds that generally declaring City Parks to be "smoke free" would be in the best interest of the health, safety, and welfare of park users; NOW, THEREFORE, BE IT RESOLVED BY THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Parks and Recreation Commission hereby recommends that City Council declare all City Parks, exclusive of parking lots therein, to be smoke free premises, except that Harold Cox Monument shall not be declared to be smoke free. Section 2. That the Parks and Recreation Commission hereby recommends that City Council request that the Parks and Recreation Department Director put up signs in all City Parks, exclusive of parking lots therein and Harold Cox Monument, notifying all park users that such premises are smoke free. ADOPTED by the Parks and Recreation Commission of the City of Meridian, Idaho, this 10th day of November, 2010. APPROVED: Creg S ele, President Parks and Recreation Commission RESOLUTION OF PARKS & REC. COMMISSION -SMOKE FREE PARKS PAGE 1 OF 1 Meridian City Council Meeting noTE~ December 14, 2010 ITEM NUMBER: i PROJECT NUMBER: ITEM TITLE: Items Moved From Consent MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting InoTE~ December 14, 2010 ITEM NUMBER: ~ PROJECT NUMBER: ITEM TITLE: Close Public Hearing/Comment Period for CDBG Program Year 2009 (PY2009) Consolidated Annual Performance and Evaluation Report (CAPER) MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS December 14, 2010 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Lori Den Hartog, CDBG Administrator RE: Program Year 2009 (PY2009) CDBG Consolidated Annual Performance and Evaluation Report (CAPER) Public Hearing and Adoption December 14, 2010 City Council Agenda Item A. INTRODUCTION & BACKGROUND The City's CDBG entitlement for PY2009 was $249,947. In order fulfill the City's reporting obligations to the U.S. Department of Housing and Urban Development (HUD), staff has prepared the required Consolidated Report (CAPER). This report provides a review and evaluation of the City's performance during the 2009 Program Year (October 1, 2009 through September 30, 2010). The draft CAPER was released for public review and comment on November 9, 2010, and is now up for consideration. The deadline for submittal of an adopted CAPER to HUD is December 30, 2010. B. UPDATE Staff has not received any comments during the open public review period. The CAPER has been reviewed by the City's Finance Department for accuracy and completeness. The City's financial documentation is consistent with the reporting completed through HUD's Integrated Disbursement and Information System (IDIS). The IDIS reports are included within the CAPER. Minor changes have been made to the draft since the opening of the public hearing. These minor changes reflect the most up-to-date expenditures for the projects that were advanced during the 2009 Program Year. C. REQUEST 1. To close the public hearing on the draft PY2009 CDBG CAPER. 2. To approve the PY2009 CDBG CAPER. Based on this direction, staff will prepare an adopting resolution for Council's consideration on next week's consent agenda (December 21, 2010) and mail a completed report to HUD. Planning Department . 33 E. Broadway Avenue, Meridian, ID 8364? DL...n.. -..+0 00. ~~-.-. _ C,.. -...0 000 LOS. _ ............nr:.~l:-....~:+.....n COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009 CONSOLIDATED ANNUAL PERFOF:MANCE AND EVALUATION REPORT (CAPER) CITY OF (j~E IDIZ IAN~- ~.J 33 East Broadway Meridian, ID83642 208/888-4433 Upon request, this document will be provided in a format accessible to persons with disabilities and/or persons with limited English proficiency. The City of Meridian prohibits discrimination on the basis of race, color, sex, religion, national origin, handicap, or familial status. _,.,,~., c~...v ,.. , ..,;,, __y,,•~t,:: r~.s~(tr,n; .,.~_ , , VK.;7d~:zr...;~,.,.,v,,~ .-~.'~"3'~i~'~vl~. y •;Y-' it • TABLE OF CONTENTS • sessment of Annual Progress 12 1. Affirmatively Furthering Fair Housing 12 City of Meridian, Idaho 2009 CAPER 12/14/2010 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 PY2009. 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 12/14/2010 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 Improvements TOTAL 40,000.00 947 249 00 0.00 145 758 92 40;000.00 104 188 08 . , , . , . 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 12/14/2010 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 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 Development 00 Facade Improvements $40,000.00 $0.00 $40,000.00 Decent Housing $35,000.00 $25,000.00 $10,000.00 Boise City/Ada County Housing Authority $35,000.00 $25,000.00 $10,000.00 General $49,947.00 $38,976.33 $10,970.67 Administration $49,947.00 $38,976.33 $10,970.67 Note: None of the City's activities this year generated program income. Note: All funds received were from the CDBG Program. The City did not receive any other assistance from HUD during the 2009 Program Year. City of Meridian, Idaho S 2009 CAPER 12/14/2010 The following map depicts the geographic distribution and location of expenditures. PY20O9 Distribution of Funds 0 ~ W-USTIGK-RD ~ -E-USTICK-RD- W 3 ~ ~ Q ~ ~ ~ W ~ V _ W ~ V Z O Z ~ Z y i I I -FRANKLIN-RD I z v o ~ ~ ~~, i ~ f ~ a ~ ? z I s r~ INTERSTAT ~ o INTERSTATE=84 ~ INTERSTATE~84=-i Vi - W- D ~ OVERL-AND-RD---~-- -- -- - E-OVERLAND-R Legend LMI Area -Meridian Boys 8 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 individualslfamilies. City of Meridian, Idaho 2009 CAPER 12/14/2010 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 87.69% 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 PY2009 funds, the project is advancing and approximately $45,000 was spent from PY2007. 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 2011. 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 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 12/14/2010 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 % 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): Forty thousand dollars ($40,000) of PY2008 funds was allocated to the Boys & Girls Club to design a new gym at their location in downtown Meridian. Thirty thousand dollars ($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 12/14/2010 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, $38,775.00 has been spent. The remaining balance of $1,225.00 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. Through Program Year 2009 (ending September 30, 2010) $7,951.83 has been expended, with only $1,048.17 remaining. Through PY2009, 260 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 April 2010, 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% of the total allocation. City of Meridian, Idaho 9 2009 CAPER 12/14/2010 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 has submitted 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. CDBGR During the 2009 Program Year, the City of Meridian submitted a substantial amendment to the PY2008 Action Plan to apply for ARRA (stimulus) funds through HUD (CDBG- R). The City was awarded $64,584 and expended $24,565 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 timeliness violations, and achieve program objectives. Based on comments received City of Meridian, Idaho 1 ~ 2009 CAPER 12/14/2010 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 sub-recipient 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 1 1 2009 CAPER 12/14/2010 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.fairhousingforum.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 interruptions 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 12/14/2010 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 12/14/2010 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. c. 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 12/14/2010 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. £ 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, Crucial/Lexar 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 12/14/2010 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 1C 2009 CAPER 12/14/2010 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 1 ~ 2009 CAPER 12/14/2010 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 I g 2009 CAPER 12/14/2010 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 12/14/2010 N/A 11. Neighborhood Revitalization Strategies N/A City of Meridian, Idaho 20 2009 CAPER 12/14/2010 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 12/14/2010 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 1VOte: ricravatres tiznt vve~°e nor proposeC! or uctl°uncect in 1'1LUUV nre rncrziaea in ,~i'ctY tofu Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Com leted UH Support the CDBG 2007 New aft<~rdable 0 0 NA 1'i development of new Other% 2008 housing units. 0 0 N .~ affordable housing. Pr""'~~ '2otr9 o N-.~ ~o i > > °~~ MULTI -FEAR GOAL 1 0 ~) % ~H Acquire. demolish, O't~BG% 2007 Sues%lots 1 0 0 % ~ •2 and/or clear property 2008 acquired. 0 0 N'A for new affordable 2009 demolished, 0 N n 2010 and-or cleared. 0 N%A housing. 2011 0 N~A MULTI-YEAR GOAL 1 0 0 °% Dti AS available, acquire CDBG 200? New aff~~rdable 0 0 N-A 1.3 and sell a Dollar HUD Other' 20oR housing units. 0 0 NiA Hon1e as affordable 2009 0 N-~A 2010 0 NiA houstng• 2011 1 °/, t1l'l,l~[-1~1~:A12 f;O;~f. ! (i ~? "t, Affordabilit of Decent Housin DH-2) Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Com leted DH Create au Affordable CDBG 2007 Task Force 1 1 100 °~, 2'1 Housing Task Force to otl~er~ 200 estabhsi,ed. 0 o N:3 advise the City on 2uo9 0 ~~~ 2010 0 N,~A affordable housing ?ol l ~~ N-A issues. MULTI-YEAR GOAL 1 I 100 "/„ DH Expand CDBG/ 2007 Affordable units 0 0 N/A 2.2 homeownership Other 2008 purchased 1 4 400 opportunities for low- 2009 (homeowners 1 2 300 2010 assisted). 1 moderate income 2011 2 individuals and families. MULTI-YEAR GOAL 5 6 120 DH Design, print, and CDBG 2007 Residents/ 150 500 333 2.3 disseminate 2008 Resource Guide 0 100 N/A Community Resource 2009 recipients. 0 N/A 2010 0 N/A Guide to provide 2011 0 N/A City of Meridian, Idaho 22 2009 CAPER 12/14/2010 Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed DH Participate on boards 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 Availabi lit /Accessib ilit of Sui table 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 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 fordabili o f Suitable Livin Environmen t SL-2 5L N/A 2.1 MULTI-YEAR GOAL Sustainabilit o f Suitable Livin Environment 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. 2 260 13,000% Enforcement activities. 2010 2 2011 2 MULTI- YEAR GOAL 10 320 3,200 SL Organize neighborhood CDF3G! 200? ACfieities 1 1 100 °/, 3.2 clean-up activities in the Other 2008 conducted. 1 1 1!)0 `i~, LMI area. 2009 1 °~;, 2010 1 ~7° 2011 1 °o MLiLTI-YEAR GOAL 5 2 40 °~ SL Support public service CDBG 2007 Residents 5 0 0 3.3 activities that benefrt 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 S MULTI- YEAR GOAL 25 42,896 171,584 City of Meridian, Idaho 23 2009 CAPER 12/14/2010 Specific Objective Source of Funds Year Performance Indicators EO Increase access to sen~ices CDBG 2007 Businesses 1.1 and jobs in LMl area Other 2008 recruited ta; through business 2009 expanded in recruitment/locatioty` 201(1 URA-LMI area. expansion in LIRA. 201 1 MULTI-1 '~:AR GOAI. EO I NiA 2.1 Specific Objective EO Support the efforts of 3.1 Meridian Development Corporation to implement the Urban Renewal Area Plan in revitalizing downtown. ~ MULTI-YEAR GOAL ustainabilit of Economic O ~ortuni Source of Year Performance Funds Indicators CDBG 2007 Revitalization 2008 and/or facade 2009 improvement 2010 activities. 2011 MULTI- YEAR GOAL Expected Actual Percent Number Number Completed 0 0 N'A i~ ~ r~ :~ 3 °„ 3 °~~ 4 '% 10 2 20 °ib Expected Actual Percent Number Number Completed 1 0 0% 0 0 N/A 1 0 1 1 4 0 0% NRIN%A 1.1 MULTI-YEAR GOAL 0 N A 1.l MULTI-YEAR GOAL City of Meridian, Idaho 24 2009 CAPER 12/14/2010 Appendix l.c Table 2B Priority Community Development Needs Priority Need Ae uisition of Real Pro Priority Need Level Medium Unmet Priority Need Dollars to Address Need 5 Yr Goal PladAct Annual Goal Plan/Act Percent Goal Com leted Dis sition ~N, Clearance and Demolition Medium Clearance of Contaminated Sites IAw Code Enforcement Hi h Public Facili General) Senior Centers Hi h Handica Centers [row Homeless Facilities Low Youth Centers Hi h Nei hborhood Facilities Hi h Child Care Centers (Aw, Health Facilities ~N, Mental Health Facilities LoW, Parks and/or Recreation Facilities High Parkin Facilities Medium Tree Plantin Medium Fire Stations/ ui [Went Low Abused/Ne lected Children Facilities Low Asbestos Removal LoN, Non-Residential Historic Preservation Low Other Public Facilit Needs Low Infrastructure fGeneral Water/Sewer Im rovements Low Street Im rovements Medium Sidewalks Medium Solid Waste Dis sal Im rovements Low Flood Draina a Im rovements Low Other Infrastructure Low Public Services (General) Senior Services Medium Handica Services Low Legal Services ~w Youth Services Hi h Child Care Services LoW, Trans ortation Services High Substance Abuse Services Low Em to menUTrainin Services Medium Health Services ~N, Lead Hazard Screenin Medium Crime Awareness Medium Fair Housin Activities Medium Tenant Landlord Counselin Medium Other Services Medium Economic Develo meat (General) GI Land Ac uisition/Dis sition Medium GI Infrastructure Develo men[ Medium GI Building Ac ConsURehab Medium Other GI Medium ED Assistance to For-Profit Low ED Technical Assistance Low Micro-ente rise Assistance Low Other Hd..re. T,L.t., ..........a r_._.y ~rn^i gyn.. `._._ . Low ... City of Meridian, Idaho 26 2009 CAPER 12/14/2010 Appendix l.d U.S. Department of Housing OMB Approval No. ZSt1f-0117 and Urban Development (Exp 4/3oV2011) Table 3B ANNUAL AFFORDABLE HOUSING COMPLETION GOALS Grantee Name: hlerldtan, Idaho Exported Annual Actual Annual Resources used during the period Prol;ram 1'car: 2tN)K BENEEICIAR~' GOALS (Sec. 215 Onlv) Number of Units 'fo Be ("ompleted Number of Units Completed CUBG HOME ESG HOPN'A Homeless households 0 Non-homeless households 1 3 Special needs households 0 Total Sec. 215 Beneficiarles~° I 3 ® ~ ~ RENTAL GOALS (Sec. 215 ON ) Acquisition of existing units 0 Production of new units 0 Rehabilitation of existing units 0 Rental Assistance 0 Total Sec. 215 Affordable Rental 0 HOME OWNER GOALS (Sec. 2l5 Ont ~) Acquisition of existing emits 1 3 Production of new units 0 Rehabilitation of existing units 0 Homebuyer Assistance 0 Total tiec. 215 Affordable Ou-tier 1 3 COMBLNED RENTAL AND OWNER GOALS (Sec. 215 Ottl ) Acquisition of existing units 0 Production of new units 0 Rehabilitation of existing units 0 Rental Assistance 0 Homebuyer Assistance 1 3 Combined Total tiec. 215 Goals* 1 ~ ® ~ ~ f)VERAt_L HOUSING GOALS (Sec. 215 + Other Affordable Housin ) Annual Rental Housing Goal 0 Annual Owrer Housing Goa! 1 3 Total Overall HousittQ Goal 1 3 • The total amounts for "Combired Total Sec. 215 Goals" and "Total Sec. 215 Beneficiary Croak" should be the same number. City of Meridian, Idaho 27 2009 CAPER 12/14/2010 Appendix 2.a: Summary of Activities (PR03) ~q. PR03 -MERIDIAN City of Meridian, Idaho 2009 CAPER 12/14/2010 U.S. Department of hlwisirg and Urban Devebprr~errt OFRce of Community Planning and Devebpment Integraeed Disbursement and Information Systen CDBG Activity Summary Report (GPR) for Program Year 2009 MERIDLIN Date: 30-Nov-2010 Time: 11:38 Page: 1 Page: 28 PCM Yeae 2007 ~~'~ ~~.:~ 14ojercf: 0002 -DOW KIOWN REVRAt.IZATIDN } sr .ar.er , IRIS Activity: 6 -MERIDIAN DEVELOPMENT CORPORATION Status: Open Obj^Aise: Crtjete ecartomic opparturefes Lotafon: uNcrtoxn MERIDIAN. D 63642 Oufcorrta: Susfanahifity Matsu Code: Pubic Fads and Improvemers Netiortal Objectlve: SBA (Ganeral) (03) Inital Funting Dale: 03J18IZf110 Description: Rnaneing Provide MDC assislartee to design steetsmpe nprovemenb to reduce Mte spr~d of shin and 6fgM ~ Funded Amount 655,000.00 [he URA Drown Thru Pro rem Y ~~~ ~ ~ ~~~ wAh ~ Meriman RoadMain Street SpH Corridor Phase 2 Roadwa q g ear. 624,215.00 y Pr c Drown In Program Year 624,215.00 Proposed Accompishmenls Put4ic Facades : 1 Mnual AecompNshmeMS Aeeorryrlishmant Narrative Year N Benefiting 2007 0 PCxM Year. 2007 Project: 0003 -CLEARANCE OR DEMOLITION ACTIVffY IDIS Adivky: 8 - CLEARANCElDEMOLITION OF 1535 N. MAW Status Canpleted Lot~tion: 1535 N. MAIN MERIDIAN, ID 63642 Initial Funding DaM: Rnming Funded Amount Drawn Thru Program Y~r Drawn In Program Vear Proposed AtxompNshmeras Mnual Accomplishments Year k Benefitiig 2006 0 Objedne: Cread sulabie living erwirorrrtertts Outcome: Sustenahiky Matrix Code: (]earanoe aM Demoftion (04) Dttserfptlan: CLEARANCE OF SLUR AND BLIGHT Netiorral Objective: SBS 2007 0 08/26/2008 627,395.74 627,385.74 60.00 Aceompiishment Narrative DUPoNG THE 07 ACTION PLAN YEAR, AN ENVIRONMENTAL WAS COMPLETED TO ENSURE SRE COMPLIANCE WITH FEDERAL REGULATIONS. THE ACTUAL DEMOLITION OF THE PROJECT WLLL OCCUR IN THE 2006 ACTION PLAN YEAR AND WILL BE REPORTED ACCORDINGLY. DURING THE 07 ACTION PLAN YEAR. AN ENVIRONMENTAL WAS COMR.ETED TO ENSURE SRE COMPLIANCE WRH FEDERAL REGULATIONS. THE ACTUAL DEMOLITION OF THE PROJECT W0..L OCCUi IN THE 2D08 ACTION PLAN YEAR AND WILL BE REPORTED ACCORDINGLY. PR03 -MERIDIAN City of Meridian, Idaho 2009 CAPER 12/14/2010 --------------------------------- Page: 2 of 16 29 PGM Year. 2008 §~ Project p004 -PROGRAM ADMINISTRATION . - DIS Aetivky: 11 -GENERAL PROGRAM ADMINISTRATON Status: Completed Ohjeurve: Lor~bn: GTY-WDE MERDIAN, ID 83642 pu~p~: Matrbc Code: Gefferal Program Admirrstratian (21A) National Objective: Initial Funding Date: 07/0612009 Description: Financing OVERALL CDBG PROGRAM MANAGEMENT, COORDINATION MONITORING REPORTING AND Fundetl AmourM 247,500.00 , , EVALUATION. Drawn TMu Program Year 247,50p.00 Drawn In Program Yew: Zp.ip Proposed AcwmpGshments AnnualAccompishments AccomplishmwNNarrative Yew # Benefiting PKsM Year. 2t1~ Project 0002 - BOY5 & GIRLS CLUB - DLS Activity: 12 -GYMNASIUM DESIGN Sl~us: competed Objective: Crew sulable living emirorvnents Location: 911 N. MERIDIAN ROAD MERIDIAN, D 83642 Outcorr~: AvartadNTyfaccessbility Matra Code: Youtit Centers (03D) Nelioral Objective: LMC Initial Funding Date: 07/Q7J2009 Description: Financing DESIGN NEW GYMNASIUM FAGLITY FOR FUTURE CONSTRUCTON. Funded Amount 240,OOp.pp Drawn TMu Program Year- 240,p00A0 Drawn In Progwn Year: 210,000.00 Proposed Aceomplisbments Public FaciHies : 1 Aelual Accompllahmenls #yrn~ ~~~. Ow nw Rantw Total Parton Total Hispanic Total Hispanic 7o1a1 Hispwtic Td~ Hisp~arric - BtacklATnran Amwrewt. 0 0 0 0 0 0 0 1,800 240 0 Asian: 0 0 0 0 0 45 0 0 p 0 0 0 4 Amend IndeNAlaskan Nattve. 0 0 0 0 0 0 Native HawaierK)[her PacTic Islander 0 0 0 20 0 0 0 0 Arrrencan MmNAteslcan Nanve 8 Whne: 0 0 0 0 0 0 0 0 0 0 0 0 - - ---------------------------- PR03 - MERIDIAN ----- ------ --- --------- -------- -- --- -------------------------------------- ---------------------------------- - -------------- Pa~. 3 0( 16 City of Meridian, Idaho 30 2009 CAPER 12/14/2010 Assn Wes' 0 0 0 0 0 0 0 0 BIacWAfrimn Artter~n & White: 0 0 0 0 0 0 Amencan IndeNAlaekan Name 8 Black/Afrxan Arteericarr. 0 0 D 0 0 O~cr ~~~~ 0 0 0 0 0 0 0 Aseropaciitc Isl~tler. 0 0 0 0 0 0 0 95 0 ~~~' 0 0 0 0 0 0 0 0 0 Total: 0 0 0 0 0 0 0 0 0 2,000 0 210 Ferrele~ieaded Fbusetnlds: 0 0 0 Income Category: Dwner Renter Tdal p ~~N ~~ 0 0 0 500 I.Aw Mod o 0 0 7so Moderate 0 0 0 600 Non Low Moderate 0 0 0 150 Tom 0 0 0 2,000 Percent Low/Mod 925°k Annual Accomplishments Accompl~hmerH Narrative Year # Benefiting 2008 2.000 Assistance provided to Boys $ Gins Club to desgn new gym for recently purehasetl locatlon in Downtown Meridian. PGM Yeas 2008 Project: 0006 - AFPDRDAf~.E HOUSING ®fS Acltvky: 14 - ADA COUNTY HOUSING AUTHORITY Stdus: Completed Gb~dive: Provide decent affordable housing lombn: 1276 River Street Suite 300 Boise, ID 83702909 Outcome: AffonidMlity Matrix Code: Direct Homeownership Assistance National Objective: LMH (13) Yiifial Fundng Dam: p7f0y2(pg Description: Financing DOVYNPAYMENTCL.OSINGOOST ASSISTANCE TO tliAl HOME BIKERS. Funded Amount t65A00.00 Drawn Thru Program Year. 565,000AO Drawn In Program Veer. $20,000.00 Proposed Accompfishmerts Households (Gerxx-aq : 3 Actual AccompBshmeMs ANen6er assisted: Owner Ranter Total Person Told Hispanic Tdd Hisperwc Toil Hispanic Tdd Hispanic ' 2 0 0 0 2 0 0 0 Black/Afdcen American: 2 0 0 0 2 0 0 0 Assn. 0 0 0 0 0 0 0 0 ----- - - - ---------------------------------------------------------------------- --------------------------------------------------------------------------------------------- -- -MERIDIAN --- Page: 4 0l 16 City of Meridian, Idaho 3 ~ 2009 CAPER 12/14/2010 Arrrerican hdeNAleslcan Native: 0 D 0 0 0 Natn'e ~~^~~ Pac~ic k1ar~.v: D 0 0 0 0 0 0 0 Amy hdeNAlastcan Natne d White: 0 0 0 0 0 0 0 0 0 0 A6enWnite: o 0 0 0 0 o 0 a o BlacpAfriranAmerican d WFdte: 0 0 0 0 0 American MiBNAlaskan Native d Blark/Alrican Amerkan: 0 0 0 D 0 0 0 0 Ottx~r "~~~~~ 0 0 0 0 0 0 0 0 0 0 0 AsenlPaciic IslarMer 0 0 0 0 0 0 0 0 w~"~ 0 0 0 0 0 D Total: 4 0 0 0 4 0 p 0 0 0 Fernak-headedF~busehdds: 4 0 4 socome CalelTory. Owner Renter Trial Peron Extremey Low o 0 0 0 Low Mod 4 0 4 0 Moderate 0 0 0 0 Non Law Maderak 0 0 0 p Tofel 4 0 4 p Percark LowlMOd 100.096 100.0% Annual Accomplishments Accomplishment Narrative Year K Benefiting 2006 4 ASSISTED 4 LMI HOUSEHOLDS PURCHASE HOMES WITH DOWNPAYMENT.CLOSING COST, AND PRINCIPLE BUY DOWN ASSISTANCE. PGM Year. 2007 Project: 0006 -PUBLIC SERVICES _ DIS Activity: 15 -MERIDIAN FOOD BANK Status: Complcted Objective: CI6a13 suitable living BnVirOnrTlerll5 t.ocation 15 E_ BOWER STREET MERIDIAN, ID 63642 Outaorr~: SustanabdRy Matrix Code: Public Services (General) (05) National ObjecWe: LMC MiBal Furrrang Date: 07l06J2W9 Description: Financing ASSISTANCE TOMERIDWN FOOD BANK TO PROVIDE SERVICES TOAREA RESDENTS. Funded Amount $30,000.00 Drawn Thru Program Yr~r $30,000.00 Drawn In Program Year $72.75 Proposed Aewmplishmeras People (t;erwlaf(: 6p Acfiul AccompOshments NumAer assisted.. Own er Renter 7otai Person - - - --------- Total Hispanic Total htispank Total Hispania Trial Hispanic --------------------------------- PR03 -MERIDIAN ------------------ ---- ---------- ------------- ----------------------------------------------- ------------- -------- P~: 5 d 16 City of Meridian, Idaho 32 2009 CAPER 12/14/2010 Whte' ~W~"~" ~ 0 0 0 0 0 0 0 0 11A57 1,900 hcien: 0 0 0 0 76 0 nmerican hdiaroAlaskan Nittive: 0 o 0 0 0 0 0 0 126 0 Nelwe liawa®rvOltter PecTic blender: 0 0 0 0 0 o ztt o rm,erican hdeNAlaskan Naive a Whlh: 0 0 0 0 0 0 0 0 ~®" Wrre: 0 0 0 0 0 0 0 BfecWAtriranArtrericanaWhite: 0 0 0 0 0 0 0 0 Artterican hdeNAleskan Native a BladdAfriran Ametit~n: 0 0 0 0 0 0 0 0 0 0 O!>LV "~~~~~ 0 0 0 0 0 0 p AsiaNPaciic I l d 0 0 0 0 1,346 0 s an er ~"~ 0 0 0 0 0 0 p p 0 0 0 D 0 0 Total: 0 0 0 0 0 0 p 13,222 0 1,900 Female-Headed FbusetnMs: 0 0 0 6rcame Category.. Owner Roller Tats! Person ExtremeN Low o 0 o ss7s Law Mod 0 0 0 3,918 Moderate 0 0 0 1,694 Nori Low Moderate 0 0 0 q5 ToFal 0 0 0 13.222 ~~ l.ovrlMod 952% Annual Accomplishments Accomplichmant Narratne Veer # Benefi9~ 2008 13.222 Assistance to Food Bank to provide meals ro h ungry families and iredivid~als in need. PG#A Veer: 2008 Project: 0007 -Code Enforcement ~6 Activity: 16 -Code Eniarcement Status: Open Objedrve: Creeb suiabie l^+n0 arwiravnerrts Laration: 1401 E. Walertower Meridian. ID 83W2 Outoome: Sustehability hitisl Funding Dale: Finaneing Funded Amount Drawn TMu Program Vea r. Dnswn In Program Vear Proposed Aceomp8shmertls Organizations : 2 -------------------------------- PR03 - MERIDI/W City of Meridian, Idaho 2009 CAPER 12/14/2010 M&rix Code: Code Enbroe"enl (15) 03118/2010 Description: Code Entoroemem n L.A41 area 59,000.00 57,951.83 57,951.63 National Ot>jec;ive: LMA _________P ______6d 18 ____________. age: 33 Matrix Code: Direct Horneownwship Assistance National Objective: I.MH (13} Nitial Fundng Date: 03/78/2010 Description: Financing Dowrpayment, dpsing coat, ardor prsxiple puy down assistance tar eligible twrnedryers. Funded Amount 535.000.00 DrawnThruProgram Veer. 525AOOA0 Drawn In Program Year 525,000.00 Proposed AccompWshmerts Households (Genaraq : 3 PR03 -MERIDIAN ------------------------------------------------ -------- ---- Page: 7 of 78 City of Meridian, Idaho 34 2009 CAPER 12/14/2010 Aetuat AocompYShrrwrtts Nrrreber asaistod: O wner Renter Total Person W 7dal Hisperic Trial Fksperric io~l Hlapertic Trial HisPerwo hite: Black7AtriranAmerh;an- 2 0 0 0 0 0 2 0 0 0 Assn 0 0 0 0 0 0 Arch ttdteNAl k N D 0 D 0 0 0 0 p es an ative. NeGre HawaaarvOthe P F 0 0 0 0 0 0 0 0 r ac c Bladder: ~ Y1tleN~Vasican ~~ 8 ~~~ 0 0 0 0 0 0 0 0 0 AsenWMe: 0 0 0 0 0 0 0 BlacklAfrir~n AmerpanB White: 0 0 0 0 0 0 0 0 0 American MiaNAlaalcan Native 8 BfaiJAfricen Awn: 0 0 0 0 D 0 0 0 0 Otter rrarr[i•iacia![ 0 0 0 0 0 0 0 0 AsiarWacifc Islander. D 0 0 0 0 0 0 0 ~~~' 0 0 0 0 0 0 0 0 0 0 0 0 Total: 2 0 0 0 2 0 0 0 0 0 Femslefieanetl Ftousetrolds: 0 0 0 Ytcane Category: Owner Rener Trial Person Extemeh Low 0 0 0 p ~v+ ~~ 2 0 2 p Afodera[e 0 0 0 p Pion Low Moderate 0 0 0 p Toml 2 0 2 p Percera LawfAAod 100.096 100.096 Mnwl AccomplishmeMa Aceomplishment N~raWe Year /t Benefiting 2009 2 PGM Year. 2009 Project: 0003 - Cernervtiat Park Improvements DIS ActlvNy: 19 - GerNermiaf Park Improvements Status: Completed Objedne: Create suiebfe Mvkg r'awirortrnerNs Lorebn- 237 E. Watn Aievidierl, ID 83642 Outcome: AvailabiRylacoessibility Matrix Code: NegMorhoad Faciiies (03E) tJatiortal Objective: LMA InHial Fumtinq Dam: 0 3 71 71201 0 Description: Rnancinq Funded AmourM ,S55,DDpAD Drawn Thru Program Year. 556,DDDAD - - ----------- -- ---------------------------------------- PR03 -MERIDIAN ---- ------ -- ---- ------------- ------------ -------------- -------------- ---- - ---------- ------------- - -- - - ---------------- Page: 8 d 18 City of Meridian, Idaho 35 2009 CAPER 12/14/2010 Drawn In Program Year 556,000.00 Proposed Accompishments Pudic FaciHies : 1 Tdel PaputaROnt Service lvea: 355 Census Tract Percent Low /Mod: 76.30 Status: Open Loralion: 33 E. ®'oadwey Meri6en. ID 83642 kri8al Furtdng Dat: 0 311 7/201 0 Financing Funded Nnounc $33,000.00 Drawn Thru Program Year: 50,00 Drawn In Pro~am Year. SO,OD Proposed AccompRshmerYs Public Faciities : 1 Total Populafon in Service Area: 1,893 Census Tract PeroerN Low! Mod: 46.10 Mnual Accompishments Acwmplishment NarraW® Year M BenefiEng Objeoirvs: Crest wit~fe living erwirorrnents Oulrorne: Availabiay/ecoessitri6[y Matrix Code: NeigModtood Faciliies (03E) National Objec4ve: LMA Description: Prol+~ 0005 - Boya $ GNS Transportation Pmgrarn ~~ AeHVily: 21 -Boys 8 Girls Club Trarmportation Program Status: Open LoraROn: 911 N. Atridean Road Meridian, ID 83642 InNial Funding Dat: 03!19!2010 PR03 MERIDIAN City of Meridian, Idaho 2009 CAPER 12/14/2010 Objedrve: Cruet wtaht Ih+n9 errvirorvnenis Outome: AvailebitiyJacress~ility Matrix Code: Transportaton Services (06E) htaticnal Objective: LMC DescNpdan: ------'--------- Page: 9 d 16 36 Financing Funded Amount 117,000.00 Drown Ttru Progartt Vear. 56,782.59 Drawn In Program Year. 56,782,58 ProposaA AceompYshmerps Peeps IGerteraq : 100 Actual Aceomppshrrtents /'lumber assisbd: White: Blackluriran American: Assn: American kMeNAlaskan Native; Natve HawaisrKhher Pacfic Istantler: American hdsNAlas[can Name d While: Assn White: BIacWAfdran Amedcart 8 White; American IndeNAtaslcan Native 8 BlarklAfriran American: Other mWtitacial: Assr4PaciLc Islander liispardc Total: Femek-headed hlouseMlds hcome Category: Exkemey Low taw Mod Moderate Non Low Moderab Total Percent lcwJMod Annul AccomppshmarrM Year k 8enefiprtg 20119 36 Owner Renter Total Person T~ Hespanw Tot:d Fispertic 7afal Hspardt Total Hisperdc 0 0 0 0 0 0 28 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 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 D D D 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 D 0 0 0 g 36 3 0 0 0 Owner RenMr Total Person 0 0 0 6 0 0 0 5 0 0 0 9 0 0 0 14 0 0 0 36 81.1 % AccomplishmaM Natra W e The Boys d GFIs Club of Ada County transporpd ssderds irom area sCroc[s b the seal Boys d Gxfs CMrb location. The studerris who use these servtes typically have an income Ieve1 tftet does rat albw br them b perticpab in pre for-profd crier sdrod programs offered in the com tva~sttoldse epnrg scfnol semester, lids traruportatien program had a tofal d 36 members of whbtt 22 rrembers met the fow b moderate irtcarne ----------------- -------------------------- PR03 -MERIDIAN City of Meridian, Idaho 2009 CAPER 12/14/2010 ---------------------------------------- -------------------------- --- -- Page; 10 of 16 37 PGM Veer. 2009 Project 0006 -Meriden Food Bank 2009 ~6 Activity: 22 - Meridian Food Bank (2009) Status: Completed Obj°dive: Crease suiahle 6irvg erwitorvrients Locefon: 15 E Bawer St Meridian, D 83642-2731 Outcome: SusfanabiYty Matrix Code: Pubic Servioea (General) (05) National Objective: L.iAC Nitta! Fun6ng Dabs: 03!17/2010 Dasaiption: Flrtandng Funded Amount 520.000.00 Drawn Thu Program Year 520,OD0.00 Drawn In Rogram Year. 520,000.00 Proposed AccompOshmerils People (Genera0 = 600 Actual Aceomp9shments Owner Ranter Total Person Ahanher assisted: Tdai F~IispeNC Tdal Hispanic TofN Hsperric Total Firspanrc Wtrle: 0 0 0 0 0 0 11,392 2,010 BlacklAhican American: 0 0 Q 0 0 0 118 0 Amen: 0 0 0 0 0 0 73 0 American frgeNAlaskan Native: 0 0 0 0 0 0 167 0 Nettie HewarianglTrer Pacdic Islanders 0 0 0 0 0 D 15 0 American IMaNAleskan Native 8 White: 0 0 0 0 0 0 0 0 Asian WhiN: 0 0 0 0 0 0 0 0 Black//Uncan American 8 Waite: 0 0 0 0 0 0 0 0 Mrerican tideNAlask~ Native 8 BletlclAfrirsi Artiencan: 0 0 0 0 0 0 0 0 OBier mutli-racial: 0 0 0 0 0 0 3.621 0 AaiaNPaci6c Islander 0 0 0 0 0 0 0 0 Hispanic: 0 0 0 0 0 0 0 0 Totat. 0 0 0 0 0 0 15,386 2,010 Pamela-headed Fbuaehotds: 0 0 0 Yicarne Category: Owner Renter Tdal Person Extemey Low 0 0 0 9,090 taw Mod 0 0 0 4,160 Moderate 0 0 0 1,529 Nan Low Moderate 0 0 0 607 Total 0 0 0 15,386 Percertt tawlMotl 96.1 % PR03 -MERIDIAN Page: i 1 d ie City of Meridian, Idaho 3 g 2009 CAPER 12/14/2010 Initial Funding Dab: 03/19!2010 - --- -` Financing Funded Mnoutrt 549,947.61 Drawn Thru Ptogram Year. 545,344.10 Drawn In Rogram Veer 545,344.10 proposed Aecomp8shmeris Pudic Fecildes : 1 Total Fbpul~on in Service Area: 1,893 Census Tract Percent Low /Mod: 46.10 Annual AccomplishmeMS Accomplishment Narrative Yew M Bertetidng 2008 The City has complebd the Environment Assessmem br dtis projad and has sutxnided dfe document and the RROF to HUD for mneWeradon and approval. Mudipie Duhlic meetngs were held to gain input on the aligrrttertl from Ste strrdtytding property owners. Project: 0008 - Corrcnwtlty Center Ada Upgrades d)IS Aetivlty: 24 - Commtx»ty Ceruer ADA Upgrades Status: Open London: 201 E. Idaho Avenue Merid®n, ID 83642 Initial Fun6ng Dab: 03J19/2010 Financing Fundetl Artwurtt 520,000.00 Drawn Ttvu Program Year 57,630.00 Drawn In Program Year 57,630.00 Proposed Accomplishmarss Pudic Faciities : 1 ---------------- PR03 -MERIDIAN City of Meridian, Idaho 2009 CAPER 12/14/2010 ObjeQive: Crdle suiable thing erwiravrtents Outcome: Avail~iYy/acoesaibidty Matrix Code: Pubic Faciliias and Impwemem (General) (03) Descriplian: National Ohjecdve: LMC --12 of 18 39 Actual AccompishmeMs Ow rror Renter Tefal Person Number assisted: Tdd Hispanic Told Hiaparuc Tdd Hispanic Total Hisparit tMrib: 0 0 0 0 0 0 O 0 131acWAftran Amerbam p 0 0 0 0 0 0 0 Aseo: 0 0 D 0 0 0 0 0 Arirerican tWeNAleelcan Native: 0 0 0 0 0 0 0 0 Naive HawdiaNOther pacific IslarWer: 0 0 0 0 0 0 0 0 American hd"erJAleakan Ptdi~e 8 While: 0 0 0 0 0 0 0 0 ~nyy~: 0 0 0 0 0 0 0 0 BIecWAtricen American 8 White: 0 0 0 0 0 0 0 0 Arnerzdi kWiarYAladcan Native 8 Bledc/Africdt Ann~n: 0 0 0 0 0 0 0 0 Oster rrxrfti{acid: 0 0 0 0 0 0 0 0 AsenrPaciic IslerWar 0 0 0 0 0 0 0 0 ~~ 0 0 0 0 D 0 0 0 Total: 0 0 0 0 D 0 0 0 Ferrek~tteaded Households: O D O brcome Cdegory. Owner Barrier Tdal Person 6eeemey Low 0 D 0 0 Low Mod o 0 0 0 ibderate 0 0 0 0 Non Low Moderate 0 0 0 0 Total 0 0 0 0 P~OerN LowlMOd Annual Aceompishments Accomplishment Namdve Year # 8ertef~tirg 2ppg The ADA upgrades for the Mendian Community Center have been designe+J Tne Cit y is solicding proposals and anticipates construction to begin in ea dy 201 t 200ti PGII Y ear. Project: ODOR -Senior Canter PuBlic Seavices DIS Activity: 26 - Send Cerrter PrPolic Services Status: C+pen Objedive: Create ariffife living errviromteMs Location: 201 E. k}dq Meriden, D &3042 Oubane: Srelanabiiily Matrix Coda: Pubic Servioa s (Lenard) (05) National Objective: LMC Initial Fundng Dale: 04/02/2010 DascnpUm. Financing Provide tteafth and recreation services b Senor CerY~ merttbcys. Funded Anaunt St4,795.00 Drawn Thru Program Year. 52,774.95 -------- ---'--- ----' --°- ------ --------- __----------- ------ - - - - ---------------------- -----'---------°-' PRD3 -MERIDIAN ---°- Pepe.. 13 d 16 City of Meridian, Idaho 4~ 2009 CAPER 12/14/2010 Drawn In Program Veer: 12.774.95 Proposed Aecomp6shmsrYa People (Generaq : 30 Adwl Accomplishments MumDer assrsbd~ BIacWAfriran American: Asian: American bdbNAlasken Native: NaUVe FlawaierJOther Paces dander: American McNAlealcan NeVve 8 Whaa= As®n While: &eciJAfrican American 8 White: Arrterican McNAlaskan Native 8 Btadc/Aftimn Amtkimn AsiarNPaciMc Istarder Nlsparw:: total: Ferrele~ieaded tlousehoids: hcame category: Owner Renter Talal Fxtremey low o 0 0 Low Mod 0 0 0 Moderate 0 0 0 Non Law Moderate 0 0 0 Totef 0 0 0 PercerM L.ow/Mod Annwl Accomplishments AccomlNfshmeM Narrative year N Benefiting O wner Renter ToLM Person Total Fkspanic Trial Hispertic Talal N'sp etkt Toth Nieparwc 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 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 D 0 0 0 0 0 0 0 38 0 0 0 0 Person 12 15 9 2 94.7% 2008 38 The Senor Center Public Services program sought to provide opportunities b enhance a suibbk living environmem br bw-natlerate income iritlividuals, specikcally Mre eddedy. The Meridian Senior Carder fadktabd, and mrdinuen b faaiitale, a program whemby women ®n abbin mammograms at a local hospil~. Currerdy sis eddedy worse.,, have been able b take advardage of the opportunity for an;mponam hralfh ocean. The progmm vriil alkt+v for approximatr9y 49 other women to take edversage of Mrs opportunity as well. The Meridian Serve Center has also fadlitaled art education sasses for eklery persons who are a8 krN to moderate irwarne iriNviduafs. The first of the art classes took place n September 2010, with addi6mal classes planned for taN 2010. COBG fonts ere bekg uMlired to pay tc Mie ir~tructe/s lee as web as Mre suppkes for the irMivitluas telcirg the cbss. This public service program eso provided a free cardiac risk proNe ecreasng for 22 edderly ndir;a,ati et a beat hospital. PR03 - MERIb1AN City of Meridian, Idaho 2009 CAPER 12/14/2010 Page: 14 d 16 41 +s za ~ *~'.* .'~ t , P6Y Yrsarr 2008 "=' ~ ~, ~ ,. , , ~ ~ , ~ . ~~ ProjeeC OD09 - t1dA Infrastrudue DIS Activity: 27 - lMA htiastmctine Design i Status: Open Objective: Create suiaMe 4uvq erwirrxunents Location: 33 E Broadway Ave. Meridian, ID 83842 Outcome: Sustanab6iry Matrix Code: WeterJSewer hproventents (03J) National Objecfve: LAAA Description: bids! Fundng Date: OM142010 Detagrt vvaMr and weer repiecentert~ h LIAR arse for fades aortstructicn with bml funds. Fnancing Funded Amount 540,000.00 DmwnTMu Program Yeas 538,775A0 Drawn In Rogram Veer Si38,T75A0 Proposed Axomptishmada People (C,eneran : 6,009 Total Population in Service Ama: 2,386 Ceruus TmU PeroeM Low I Mad: 45.00 Mnual AccomptishmerMS Accomplishment Narratne Veer a Benefiting P6M Yeoar. 2006 Project: 0010 -Food Bank D6 Activity: 28 - Fcod Bank Status: Open Obje~ive: Create suieble living erwirmmems Location. 15 E Bower MenOian. ID 83642 Outcome: Sustanability Matrix Coos PubYC Services (General) (05) tJalwned Objective" LMC hitial Funding Data: 04!142010 Fnaneing Funded Amount: 518,271.96 Drawn TNu Pmgram YEer 518,079.55 Drawn In Program Yeas 518,079.55 proposed Accomplishments People lGeneraQ: 600 AMuai Accomplshments Number assisted.' 4yfriie: t31ac1JAiriran American: Asian: PRA3 -MERIDIAN Description Owner Renter Total Totem Ftisparat TM01 Mispartic Tohl H'sparuc 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ - Person Tclal Hisparpc 10,484 2,461 128 0 52 0 Page: 15 of 16 City of Meridian, Idaho 42 2009 CAPER 12/14/2010 American tdeNAlaskan Native: Natve HawaiiarrlOlhar Pacific blentler: American tMisnlAtedcen Native 8 WhAe: Asian White: Bleck/Afrkan American 8 VVtrrile: American hdeNAlasker Nffiive & Bfack/Afriran Ameican Other rrsilt~racial: AservPecifc Is{erMer. Hispanic Total: Fertrakareeded Flousetg165: ircar+e Category: O wner Rehr Tdal Exteney Low D 0 0 Low Mod 0 0 0 Moderate 0 0 0 Non Low Moderate 0 0 0 Tom 0 0 0 Paced Low/Motl Annual Acrompfishments AccomplishmmM Narrative Vee # Berefitmg 0 0 0 0 0 0 167 0 0 0 0 0 0 0 47 0 0 0 U 0 0 0 0 0 p D D D p p D D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o a,335 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14,213 2p61 p 0 0 Person 8,198 3,794 1,~8 523 14,213 98.3% 2006 14,213 Providetl footl and necessities to low rncorne persons. Total Funded Amwnt: --- 5626.857.31 Total Drawn Thru Program Year 5500,425.09 Total Drawn h Prograrn Year: 5320,602.10 PR03 -MERIDIAN City of Meridian, Idaho 2009 CAPER 12/14/2010 ----'-----------'--------'--------.__--------'----------'-'----Page 16d16----------'--- 43 Appendix 2.b: Summary of Consolidated Plan Projects for Report Year 2009 (PR06) LLS. DEPARTMENT OF HOUSWG AND URBAN DEVELOPMENT IDIS OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT pFmg . Summery of Cortadideled Plan Projects (w Report Year A mount Drawn Amount Amount ram Pro Project Canmgad TMu Report AvaieMa to Drawn in Plan DIS proms Tltla and Daacription g Fstlmab Amount Yaar Draw Report Ywr Year Projaet Generel Program Admin{~adm tar PY2009 CDBG y{g.g47.00 549,947.00 338,976.33 110.970.67 538,976.33 2009 1 Attrtin4tratbn HOPWA SO.00 10.00 50.01) f0-00 36.00 HOME 50.00 50.00 fO.oD 50.00 50.00 ESG 50.00 30.00 50.00 SO.OD 50.00 Fbrrreoartrwsh thorit A Fb h dp 2009 Downpayment dosing coat, and prinaple buy CDBG f%.000.00 535,000.00 525,000.00 510.000.00 525,000.00 y u us g 2 A~ County down assistance br eig6le, LMI nomelx,yera. HOPWA 50.00 SO. W 50.00 SO.OD 10.00 HOkiE 50.00 3000 50.00 50.00 50.00 ESG 30-tb 50.00 SO.OD 30.00 30.00 3 Centemiel Park Improvenrwfffi Install playground equipment game tebdes, CDBG 355.000.00 555.000.00 556,000.00 30 00 50.00 00 50 555,000.E 30-00 eC. in CenffinNal Park- HOPWA 50.06 fO.OD . . HOME SD.00 10-00 SO.OD SO-00 30.00 ESG $0.00 50.00 f0.17D 50.00 5000 4 Five Mie Creak Pathway 2009 Compleffi envlronnranial revievrs and begin CDBG f33,000.00 333,000.00 50.00 533,000.00 0 30-00 00 30 constn~etion d Flve Mile Creek Pathway, HOFNVA 30.00 50.00 f0.tb $0.0 . Segment H.1. HOME SO-00 50.06 3000 50.00 30.00 ESG 50.00 30.00 30.00 50.00 3D.00 B:ry's R Girls Transportation Program Assistance h ini~B a bussing Pmgrem. That CDBG $17,DOO.OD 517,000.00 18,782.59 510,217.41 5g.782S9 _ will transport studer4s from Peregrine Elerrertary Meridian Midde and Meriden HOPWA 30,00 SO-00 fO.OD 10.00 30.00 8 Mrsidian Food Bank 2009 7 Parade hgsrovernanffi g Five Mie Creek Bridge/Pathway City of Meridian, Idaho ~nnu ('APRR 12/14/2010 High to the Club altar sdwd ~ CDBG funds HIE wii cover driver wages end binge benetffi, insuance, bus mahienance and repairs, and ESG toed. Assistance to Food Banc in purdtasirg CDBG equpment and supplies related b tlielr HOPWA prtmery function; provldng food to hdkiduels HCMiE and farraiies in need. ESG PaMer with Meridian Development CDBG Corporetim b complete on facade HCPWA impraremert projad to address slum and HCME bight in Urban Renewal Area. ESCa Construct a 10' muk~use pathwayfor COBG bicydsffi and pedestrians aver a recently HOPWA instated culvert accroas Five Mlde Creek. Pathway wit prw{de ante, nm-mobrized HOGS route to vadara destinations ircludng schods. Ere Meridian Pubic Library, CDBG-R comrnerdal, rtredical, arW retai servtoes, ESG parks. etc. 50.00 30.00 10.00 10.00 30.06 10.00 30.00 10.00 10.66 30.00 320,000.00120.000.00 526,()<I0.00 SO.OD 320.006.00 10.00 fO.OD 50.00 50.00 fO.UO 50.00 30.00 10.OD fO.OD 50.00 50.00 10.00 10.06 5000 f0 ~ 540.000.00 30.00 f00D 50-00 56.00 50.00 50.00 30.00 10.00 30.00 50.00 SO.OD 10.00 50.00 50.00 50.00 30.00 10.00 10.00 30.00 384,584.00 10.00 5006 50.00 SD.00 E0.00 50-00 30.00 10.06 50.00 10.00 50.00 10.00 30.OD 30.00 56.06 564.584.OD 124,585.00 340.019.00 324,585.00 10.00 10.06 50.00 10.00 50.00 1/1 44 Appendix 2.c: Summary of Accomplishments Report (PR23) IDIS U_S. DEPARTMENT OF HOUSMIG AND URBAN DEVELOPMENT OFFICE OF COMMUt-ATY PLANMNG AND DEVELOPMENT PR23 (1 at 7) • Cant d CDBG A[divi8es vrith Disbursements b'/ Actlvty Group d, Matra Code Underway Completed Progam Total ~~ Goup ActlvNy Ca~BorY Underway Acthr9ies Campletad Activities Year AcWlties Count Disbursed Count Diaburaad Courrt Diebuned Acquisition Clearance and Demolkbn (04) Horsing Direct Horneownershp Assistance (133 Code Eriorcerttert (15) Pubic Farzlkias and Improvements Pr61it Fadikes and Improvement (General) (03) Youth Carters (03D) Nei¢tborhood Faoiltes (03E) parks, Recreational Fadi&es {03F) WalerlSewer Imprpvemenffi (03J) Pubic Services Prblic Services (General) (OS) TrarspoAetian Services (06E) General Adm(nstatlon and Plannhg General Program Administration (21 A) IDIS 0 - SO OD 1 -- 50 00 1 50.06 o fo.oo 1 f0.00 1 Saco t 525.000.00 1 520.000.00 2 545.000.00 1 57.951.83 0 $0.00 7 57,951.83 2 f32,951.83 1 SZD,000.00 3 552,951.83 2 531,845.00 0 50.00 2 531.845.00 o So.ao 1 sto,000.00 t sla.ooo.00 1 SO.00 1 555.000.00 2 556.000.00 t 545,344.10 0 50.00 1 545.344.70 t 538,775.00 0 SO.OD 1 538,775.OD 5 5115,981/0 2 fa5A0a00 7 5180,984.10 2 S20.BSd.56 2 520.07275 4 540,927.25 1 $6.782.58 0 SO.OD 1 56,78258 3 527.837.09 2 520,07275 5 547,709.84 1 538.976.33 7 50.06 2 538.976 33 7 f98,97a33 1 f0.00 2 538,97633 11 5115,529.95 7 f105AT275 18 5328,802.10 U.S. DEPARTMENT OF HOUSMJG AND URiLW DEVELOPMENT OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT PR23 (2 d 7) - C6BG Sum oT Actual Amwrpishrnents by Acffivty Group and Aorompliahnent Type AuKivay Group kiatdc Coda Accempliahnent Type Program Yesr Open Coca CompMtedCaunt TMah Acquleition Clearance and Demdifon (04) Business D D 0 o e a Housing DFed Homeownership Households Assistaroa (73) CodeEnkxoemem(15) Orgardzafans Pubic Faciltes and Pudic Feditles and Public Feditles improvements krrproverrrent(General)(03) Youth Centers (0301 Public FecJiBes NeigF6orfaod Fadities (03E) Public Faciifes Parks, Reueeaorel Faaiaes Prblic Fadlties (03F) WaOerfSewer krprovemerds Persons (03J) Pub& Servicaa Pudic Services (General) (OS) Persons Transpodason Services (05E) Persona City of MeridiaD, Idaho 2009 CAPER 12/14/2010 0 0 0 2 4 4 z.oo6 zao6 355 355 0 0 0 0 2.355 2,355 14251 15,386 29,637 36 0 36 14,287 15,385 29,073 14,289 17,745 32,034 45 U.S. DEPARTMENT OF HOUSOdG AND URBfW DEVELOPMENT IDIS OFFICE OF COAO\4UNITY PLANNING AND DEVELOPMENT PR23 (3 a T) - CDBG 0enefle®ries ~ Racial 1 Ethnic Category Total Taal Housing-Non Raa Taal Hispanic Total Hispanic Housing Parsarte persons Households Houaslwlds 1Mhk 0 0 4 0 Hou~ng e BSacklAtrican American 0 0 2 0 Taal 0 0 B 0 Non Housing Whke 35,199 Q614 0 0 Black/Afrir•.an American 367 0 0 0 ~„ 294 0 0 0 American MdiaNAlaskan Nathre 571 0 0 0 Native HawaiiaNOther Padfic Islander 63 0 0 0 Other muki-radal 8,401 0 0 0 Taal 44,895 0,011 0 0 Total Whke 35,199 6.614 4 0 Biack/African American 367 0 2 0 Asian 294 0 0 0 American MdiaNA~skan Native 571 0 0 0 Native HawaiaNOtirer PacM"ic Islander 83 0 0 0 Other muki-raasl 8,401 0 0 0 TaRal 44,895 &011 8 0 IDIS U.S. DEPARTMENT OF HOUSMG AND URBAN DEVELOPMENT OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT PR23 (4 d 7) - CDBG 8eneflciarlas hY Income Category h>carw Lewis Owner Renter OocupiadOccupisd Parsons Housing Extremely Low (<=3096) 0 0 0 Low (>3096 and <=5096) B 0 0 Mod (>50% and <=8496) 0 0 0 Total Law-Mod 6 0 0 Non Low-Mod (>80%) 0 0 0 Total Beneficiaries 6 0 0 Non Housing Extremely Low (<=3096) 0 0 24,783 Low (>30% and <=5096) 0 0 12,642 Mod (>5096 and <=8096) 0 0 5,539 Total Lowdutod 0 0 42,964 Non Low-Mod (>8096) 0 0 1,931 Tofel Bene4icieries 0 0 44,895 City of Meridian, Idaho 2009 CAPER 12/14/2010 46 U. S. OEPARTMENT OF HOUSFtfi AND IIiBAN DEVELOPMEM DATE 11/11T010 b~ OFFICE OF coLwumin pLIN9NG A!m DEVELOPLLEIJT TEE' 1027'50 em PAGE'. 1!1 PR73 (5 0(7) - Hm~e pgpysaneda snd Une CamWSOlm IDIS U.S. DEPARTMENT OF HOU61PX3 ATm IpBAN DEVELOPMENT OFFICE OF cOMM(1NIn PLANNING AND DEIIFLDHBlt PR2319 A of 7) - Hasa UndCanpletims M PerceA dAree Med'a+ N1m1ee DATE: 11ltfZ010 TEE-. 102829 am PAGE'. 171 4[JIS tD tS City of Meridian, Idaho 2009 CAPER 12/14/2010 U.S. DEPARTMENT OF HOUSING A!O LF8Ar1 DEVELOf1ffNT OFFICE OF cGMwuNln PI-NYNNG A110 DEVELOP6BiT PR23 (68 of 7)-Hone L4+eR~ated As V U. S. DE PARTMENT OF HOUSING ATm lfffiAN DEVELOPMENT oFFicE of caw~ur9n PLAA'NINO Arm DEVELOPM/BTT PR23 i] d 71-Home UnA Camyetionc by RadA! Erinc CaleBory DATE: t1i1/7D 10 TEIE'. 1031:59 am PAGE: 111 DATE: 11712010 TEE: 103328 em PAGE: 111 47 Appendix 2.d: Financial Summary Report (PR26) IDIS Grantee Program Year PART 1: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR D2 ENTITLEMENT GRANT 03 SURPLUS URBAN RENEWAL 04 SECTION 108 GUARANTEED LOAN FUNDS OS CURRENT YEAR PROGRAM {NCOME 08 RETURNS 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 08 TOTAL AVAILABLE (SUM, UNES 01-07) PART II: SUMMARY OF CDBG EXPENDRURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND ptAJ,MIWGIADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOWtMOD BENEFIT 11 AMOUNT SUBJECT TO LAWIMOD BENEFIT (UNE 09 + UNE 10) 12 DISBURSED IN IDIS FOR PLANNINGlADMgJISTRATION 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 15 TOTAL EXPENDITURES {SUM, LWES 11-14) 18 UNEXPENDED BALANCE (LINE OS -LINE 15} PART Iq: LOWMOLI BENEFR THIS REPORTING PERIOD 17 EXPENDED FQR LOWMIOD HOUSING IN SPECIAL AREAS 18 EXPENDED FOR LOWMIOD MULTI-UNR HOUSING 19 DISBURSED FOR OTHER LOWTAOD ACTNRIES 20 ADJUSTMENT TO COMPUTE TOTAL LOWMIDD CREDR 21 TOTAL LOWIAAOD CREDIT (SUM, UNES 17-20) 22 PERCENT LOW/MOD CREDIT (LINE 21/Ut~ it) LOW1M00 BENEFR FOR MULTI-YEAR CERTIFICATIONS 23 PROGRAM YEARS{PY) COVERED IN CERTIFICATION 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOWlMOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFRING LOWIMOD PERSONS 28 PERCENT BENEFR TO LOWlMOD PERSONS (LINE 2SUNE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED W IDIS FOR PUBLIC SERVICES U_S. DEPARTMENT OF HOUSgdG AND URBAN DEVELOPMENT OFFICE OF COMMIUNITY PLANNING AND DEVELOPMENT PR 28 - CDBG Financial Summary Report MERIDIlW , ID 2009 0.00 249,947.00 0.00 0.00 0.00 45.83 0.00 249,992.83 281,825.77 0.00 281,625.77 38,978.33 0.00 0.00 320,802.10 (70.609.47) 0.00 0.~ 257,410.77 D_oo 257,410 77 91.40% PY: 2007 PY: 2008 PY: 2009 419,41921 387,808.47 87.89% 47,709.84 112 City of Meridian, Idaho 4g ~nn4 cAPRR 12/14/2010 IDIS 28 PS LNLIQt11DATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBIJGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBIiGAT10NS 31 TOTAL PS OBLIGATIONS (LM1E 27 + LWE 2$ - LMIE 29 + LINE 30) 32 ENTITLEMENT GRANT 33 PRIOR YEAR PROGRAM MCOME 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 35 TOTAL SUBJECT TO PS CAP (SUM. LMIES 32-34} 36 PERCENT FUNDS OBLIGATED FOR PS ACTNITIES (LMIE 31A~IE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED MI IDIS FOR PLANNINGlADM9JISTRATION 38 PA UNLIQUIDATED OBLGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIOUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATONS 41 TOTAL PA OBLIGATIONS (LINE 37 + L$JE 38 -LINE 39 +IINE 40) 42 ENTITLEMENT GRANT 43 CURRENT YEAR PROGRAM INCOME 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA GAP 45 TOTAL SUBJECT TO PA CAP (SUM, L~JES 4234) 46 PERCENT FUNDS OBLIGATED FOR PA ACTNRIES (LNIE 41A WE 45} LLS. DEPARTMENT OF HOUSWG AND URBAN DEVELOPMENT OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT PR 28 - CDBG Finandal Summary Report 10,217.41 12,212.46 0.00 45,714.79 249,947.00 0.00 0.00 249,947.00 1829% 38,976.33 10,970.67 0.00 0.00 49,947.00 249,947.00 0.00 0.00 249,947.00 19.9$96 212 City of Meridian, Idaho 2009 CAPER 12/14/2010 49 Appendix 2.e: Timeliness Report (PR56) IDIS -PR56 U.S. Department of Raising and Urban Deveopment DATE: 10-06-10 Office of Community Planning and Development TIME: 16:24 Integrated Disbursement and Informatbn System PAGE: 1 Current CDBG Timeliness Report GrarKce : MERIDIAN, ID PGM PGM YEAR TIMELINESS --- LETTER OF CREDIT BALAI~E -- DRAW RATIO MINIMUM DISBURSEMENT TO MEET TEST YEAR START DATE TEST DATE CDBG GRANT AMT UNADJUSTED AD]USTLID FOR PI UNADJ ADl UNADJUSTED ADJUSTED 2009 10-01-09 OB-ll2-SO 249,947.00 299,041.73 299,041.73 1.20 1.20 2010 10-01-10 08-02-ii UNAVAILABLE 209,464.38 209,4643$ ****** ****** GRANT UNAVAILABLE FOR CALCIILATIOPi City of Meridian, Idaho 50 2009 CAPER 12/14/2010 Appendix 2.f: Performance Measures Report (PR83) IDs - PRa3 US. Depa,tn,ent of and urban l+~im D~v++en DATE: 11-30-10 Office d Community gatrmig and Development TIME 13:16 LNegrated Dishurserrrvrt and IAonratlon Sy+'~ PAff: 1 COBG Perfon~ Measves Reiwit Program Year 2009 MHtIDIAN,ID Plb{C FaCi~ile58rVt IflfraSLRWUR CreaEe Suitable t.w4g Provide Decent ~n9 Create Eooromic OpportunMies Total Access ----- Afford-- -------Sastaln__________Acaess_______-'Afford-----,,._ Su4aln Aaess AfFad Susbh Number d iErsom Asisted _______ _,-- ___ --"-- _____ .__._ __--- ' --~. witlr new ataess fn a fatrity 355 0 0 0 0 0 0 0 0 355 w8h imprv+'ed atoess fo a bdllty 0 0 0 0 0 0 0 0 0 0 with ace's to a btllty that k ra Imger substandaN ________________________________ _ ___________ ___Q____ _________ 0 0 0 0 0 0 0 0 0 Tatak : 355 0 0 0 0 0 0 0 0 355 Number d hlousehald. A56istp~ with new access to a facilty 0 0 0 0 0 0 0 0 0 0 with imProred atoess to a belay 0 0 0 0 0 0 0 Q 0 0 with atoess ~ a fadlty flat k no brger substaMand _ __ 0 - - - - -------- 0 --------------- 0 0 0 ----------- 0 0 0 0 0 Tdak : 0 0 -------------------------------------------------- 0 0 0 ---------------- 0 - 0 ------- 0 -------------- 0 0 PtbB[ Servlxs Crmte SuBabk Livdng Provide Detest Fiousing Create Eoor»mk Opportunlflg Total Access Mad SustaM Access Afford Su4aln Aotea AIfoM Sustain Number d Persofg A56k0ad vrf8r new (a oonthuing) att>e$ Oo a service 22 0 15'386 0 0 0 0 0 0 15,40(! wiM Impvved (v canbnring) a¢ess to a sendo' 0 0 0 0 0 0 0 0 0 0 w8h new access to a service that k no longer substaMard 0 0 0 0 0 0 0 0 0 0 Totak: ~------~---~~----------22 0 15,386 0 0 0 0 0 0 15,408 City of Meridian, Idaho $1 2009 CAPER 12/14/2010 ID6 - PR83 US. Departrnert a4 Flwuirg and Urban Devdopmert DATE: 11-30-10 Offte d CvnttnuNty Pfannfry and DeveJapntart TIME 13:16 7nteg2ted DWsursernert and lrtormatton System PAGE: 2 fDBG Pafortnaroe Measrres Report Prog2mYear Z1~9 MHtID1AN,ID PutNk Services (caMk%red) Crmbe Sraable ll.M1rg Preside De~tt Hous4~g Ueate Eooromk 6pportuMttes Total Atoas Affdd Sultan P,[a'S5 Atford S ustain Aoces APa~d Sustah Number d Houseldds Assisted wRh new (or mMhuVrg) aarss to a service 0 0 0 0 o a o 0 0 0 wtth unPro+ed (or cantlrukig) auras to a service 0 0 0 0 0 0 0 0 0 0 vdth new access m a servicefhatis no h>yer substandard 0 0 0 0 0 0 0 0 0 0 Tatats: 0 0 0 0 0 0 D 0 0 0 Emnomk Development Create Suite Living Provide Decent tiougrg Geate Emromk Opportvtities Total Ac cess Affad Sustain Access Afford Su Affin Aa[Ca Alford Su4ah Total Numbs of Businesses Assisted 0 0 0 0 0 0 0 0 0 0 Q Total New brahesses ass6tad 0 0 0 0 0 0 0 0 0 0 Excbrg 6usir~es assisted 0 0 0 0 0 0 0 0 0 0 Number d busi>~s famdesJtadH4uy relsaWfEated 0 0 o a o o a o a o Assfs<ed t>u5nasa that provide a good or seMre m servke areafnefghbodrooycamrunty 0 0 0 0 0 0 0 0 0 0 Total Numbs Blobs Cnastea a a o a o 0 0 0 0 0 Types d labs Ueab~ Offxias and Managers 0 o a a o 0 0 o a o City of Meridian, Idaho 52 2009 CAPER 12/14/2010 IDLS - PRIG! US. Del>btrrlert d Rasing and IHban De~lpllnert DATE: I1-36-10 ORice d Commrnty PlanMrg and Oevelapment TIME 13:16 IrNagrated Disbursenalt and Irtomlatlon System PA(E: 3 CDBG PeROrmance Measrres Reppit Program Year 2009 M[32ID1/MI,ID Emromic DevelopmaN (cantinred) Create Suitable Liairg Provide Decent Housing Create Emromk Dppar tunitMS Total _. Profesmbrei __.._~~_ __...___. Mad_ Sustain___ ~$ Aflad S us/8in Aacegs Afford Sustah 0 0 0 0 0 0 0 0 0 0 TecMrictarc 0 0 0 0 0 0 0 0 0 0 Safes 0 0 0 D 0 0 0 0 0 0 Offlo° and Ck:fcal 0 0 o a o 0 0 0 0 0 Uaft Workers (sk@ad) 0 0 0 0 0 0 0 0 0 0 OperatMes (semFskiled) 0 0 0 0 0 0 0 0 0 0 Laborers (unskfled) 0 0 0 0 0 0 0 0 0 0 Service Nbrkers 0 0 0 0 0 0 0 0 0 0 (7f ~ CRa[Bd, number w1t1 P1nPl0/B Spmsored F1eaW1 Cale beneflf5 0 0 0 0 0 0 0 0 0 0 Numbs t prior to taking jobs 0 0 0 0 0 0 0 0 0 0 Trial Number of Jots Retched 0 0 0 0 0 0 0 0 0 0 Types d Jobs Retained Oft"aals aM Managers 0 0 0 0 0 0 0 0 0 0 Prafessbrel 0 0 0 0 0 0 0 0 0 0 ID15 - FRt13 US. Depaitmert of Houstng and Urban DevpbpmeK l1+1TE: 11-30-10 CMfke d C'ommurdy Planning and Devebpment TilfE L3:16 Integrated dsbursenent and Irfomrabon System pA~ q CDBG PerformatrP IAalsures Report Program Year ZO(19 MBtID1AN,ID Emromic Dot (cmfinred) Create Sukabie u'ln9 Pravt de Decent Housi ng Create Emromk Cippor turdies Total .--_.--._-___.__._-Access -Afford--------S - ------------ ustain ' - Atae~ ------------------ Afford ----'-'-'--"--- Sustain --------------- A¢es ----' '- Alford 5utah Tethricers - 0 0 0 0 0 0 0 0 0 0 Sales 0 0 0 0 0 0 0 0 0 0 Office and Cieical 0 0 0 0 0 0 0 0 0 0 UaR Workers (sklled) 0 0 0 0 0 0 0 0 0 0 dperadva (sem~skiled) 0 0 0 0 0 0 0 0 0 0 Laborers (urckiled) 0 0 0 0 0 0 0 0 0 0 Sevke Workers 0 0 0 0 0 0 0 0 0 0 Of jobs retained, number wth empkNa sponsored health care benKks 0 0 0 ---- D -------------------- 0 . ----------_. 0 0 0 0 0 Acrrs d tllov+nfie{ds Remediated _ ___ ______________ _____..__.._________ ________--------- ----°-------_..__. ._ 0 0 0 0 0 0 0 0 0 0 City of Meridian, Idaho $3 2009 CAPER 12/14/2010 IDLS -Pad; U5. Departrtrer[ d Mrnaag and urban Devdopnert Oftite d CAmmuNty Plannlrg and Ceveiopmert irMegrdbed Dishurserent and IdOrmatbn Sys[etn ~B(' Performance MeaSUres Report Ragramyear 2004 MERIDIAN,ID Rehadlitation d Renal Maahg Create Suitable Living PravMe DaeM Housing A iass Attard Sustain Atat'g Atford Su 4dn Tarot LMH' uNts 0 0 0 0 0 0 Tdal SB'°, ufOG unxs 0 0 0 0 0 0 of raa4 Numbs a units Made 504 a~es~de 0 0 0 0 0 0 Brought from substardaud fn standard cartdWa+ 0 0 0 0 0 0 Geatad tleough carnrersion d ronfegderRiai to residentfal twidhgs 0 0 0 0 0 0 QuaiNied as 6rergy Star 0 0 0 0 0 0 Brought m lead safety carpuarre 0 0 0 0 0 0 Aflardade 0 0 0 o a o Dare: 11-3o-Ia TIME: 13:20 PAGE: 1 GeateE OOromkOppa 'turkfes Total Ao[es Alford Sustah 0 0 0 0 0 0 0 0 a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 of ut«eade unrs Number subsidln°d by arottra federal, state, loaf program 0 0 0 0 0 0 0 0 0 0 Number a[arpied by elderly 0 0 0 0 p p 0 0 0 0 Number d years d affordatiHlY 0 0 0 0 0 0 0 0 0 0 Average numUe' d years d aftordffiitky Per unit 0 0 0 0 0 0 0 0 0 0 Number desgrete~ for persons xrM HN/AIDS 0 0 0 0 0 0 0 0 0 0 City of Meridian, Idaho $4 2009 CAPER 12/14/2010 DATE: a-3D-]o ID>5 - PRffi US. DePartrrent d tlaabg and Urban Development THIS 13:zo OfRte d CommuNty ~^in9 a^~ DeveWDment PAGE: 2 Integrabd Disbursemert and Iriomrabon Sy4an CDBG Performar~ Measures Report Program Year 2009 M92IDI1W,ID RehabllNatlon d Rental Floushg (cordinred} Creme EoonorNc Opporbnibes Trial Create SuN~ie 1-~9 ProJide 00cerK 1'bu~9 Aroess Afford Sustain Moe$ Afford Susaain _-____AO[e5s_ Afford SuAah Of those. rwmber far the chronlm0y tntr~s 0 0 0 0 0 0 0 0 0 0 Number d permarent twang ur>~ for homeless P~~ and famtles 0 0 0 0 0 0 0 0 0 D a tlsose, number for the ctrmiaNy homeless 0 0 0 p 0 0 0 D 0 0 Cortstndbn d Rer~l Horsing Create Suitable tl+Frg Pto vde Decent Hou sMr9 puss ----------------------- Mad ------------------ Sustain ----------- Acoess _ --------- - ---- AfforA ____ ____Susta!^. ------------------------- Toial LMN' urrts 0 0 0 0 0 0 Tata156•, t1EKi wits 0 0 0 0 0 0 Of Tata4 Number d 504 a¢ec~+de urns 0 0 0 0 0 0 Urds qualifed as Erwgy Star 0 0 0 0 0 0 Affordable unis 0 0 0 0 0 0 Of Affordable Unts Number o¢upied W eldety 0 0 0 0 0 0 Years d affordabliiy 0 0 0 0 0 0 Ave2ge comber d y®rs d affordatiRY Per unt 0 0 0 0 0 0 IDS• PR63 Corstrudon d Rents Housing (oortinued) U5. DepMmert of Hous{rg and Urban DevelopneR Offke d Community Planning and DevelcpmeM Intayrated Dishursemerrt and Information Sy*len CDBG Pefomurxe Measures Report RogramYear 2009 MHtID1AN,ID Create Emromk Opaorbnrtres Total ess -------- Afford ----------- Su4ah__--- ------- ------_---__-- 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 DATE: I1-~-10 TIME 13:20 PAGE 3 Crete SuifeDde Lwrrg Provide Decent Flausirg Create Emromic OPDa'turibes Total Maws Mond S ustah Ac¢sa Afford --------- Sustain°___ _----A2a5___-°- --AfFad -------Sust ain---- ------ ----------- Numbs subsidbeA vr&h prom based rental assistance b/ another fedeal, siMe, or fowl Pro9nam 0 0 0 0 0 0 0 0 0 0 farrtrba desgreted for persa+s wRh tOVJAl06 0 0 0 0 0 0 0 0 0 0 Of those, the numbs for the ctroriraly tameless 0 0 0 0 D 0 0 0 0 0 Numbs d D~me^t taushg units far homeless Po'~ns arN farMfes 0 0 0 0 0 0 0 0 0 0 Of U+ose, the nuniter far the chno+imM honnefess 0 0 0 0 0 0 0 0 0 0 City of Meridian, Idaho 55 ~nn4 ('APF.R 12/14/2010 Us. Depmtrrreri d Housng and urban oe~dopmeK GATE: 11-30.10 IDS • PRfl3 Office d Commuriry Pianrlirg and DevebpinaK T]ME 13:23 Lsfeyrated D~kursanent and ldorttsation System ~~ i mBC PerfMmanrE Meastres Repot Prog2m Yea 2009 MEttIDLW,ID Owns O¢upied Housing RehabiNabn Crete Sutable lA4rg Ames Afford Sustain Trial LMH' urns p 0 0 Trial SB', l1RG arils p 0 0 arTda4 ~~ d ones Occupied W elderly 0 0 0 lkouglY hen sr6stardad to starsdard mndtion 0 0 0 Qudified as Energy Star 0 0 0 ~+r9M to lead safeM ranW~ p 0 0 Made aarsbte 0 0 0 Hornebsryer Aealstar>ce Create Suitable l.Mtrg A caPSS Afford Sustain ---------------- Tdal Houselwlds Ass~ed 0 0 0 Of Tdak Number d Orsttire homAHMers 0 0 0 Of those, nurtioer reaeNing housnq caurtsFiln9 0 0 0 Number d hau9ehOlds reaewhy dasvnPaymastJdaskg costs assistarre 0 0 0 ProAde Decent Housing Ueaee Emromk Opparb+ut3es Ataess _._______- Allard __________ ______---__ AO[esa Alford _.____~~H p 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 p p 0 0 0 0 0 0 0 0 0 0 Pro.M1de Drrent Housing Geate Eooromk OpparttniUes Awes Afford Sustain Access Afford Su4an __ 0 2 0 0 0 0 0 2 0 0 0 0 0 2 0 0 0 0 p 2 0 0 0 0 Total 0 0 p 0 0 0 0 Total 2 2 2 2 US. Departrtprt d Fbusirg and urban Devdopmert DATE: 11-30-TO IDS - PRti3 office d ('nrrrrMUity Plannfrg and Deveiaprrrnt T04E 13:23 Integrated Distursane~tt and Idomution Sy4an PAGE: 2 ®BC Performance Measrres Report Rogram Yea 2009 MHtID1AN,ID Dsvebomast d Haneavrsa Haring C.rmte Ssrifable tJtrirg PmuWe Decant Miousrg Geate Eaororwc Oryar tunitles Total AcoCSS Aflard Sustain AaPSS Afford S ustain A~____ ___p1~____ w~O ___._ ______--____. Trial LMH' units 0 0 0 0 0 0 0 0 0 0 7ataf 50', lMG units 0 0 0 0 0 0 0 0 0 0 a Total, Number d Affordable units 0 0 0 0 0 0 0 0 0 0 Y®rs d affadahiRy 0 0 0 0 0 0 0 0 0 0 Average rurtrba d Years of affordabRfY Pa unit 0 0 0 0 0 0 0 0 0 0 1kr15 quaNbHd a5 Energy Oar 0 0 0 0 0 p 0 0 0 0 504 ao_esstde uMs 0 0 0 0 0 0 0 0 0 0 lNrts o¢upied b/ hauseMlds Previously ~9 in subsfsaed housstg 0 0 0 0 0 0 0 0 0 0 Of Affordable 1M65 Number omPed by eiderN 0 0 0 0 0 0 0 0 0 0 Number des~jraoed for Persons vkh HSV/AIDS o o a 0 o D o 0 o a Of tlsose, nunirer far bye rhonia0y lnnrkss a o 0 p p p D o 0 o Number d housir5 uriRS for homeless Parsers and farifles a o p o 0 0 0 0 0 o d these; nurroer rv the ctrcniaNY tnrrekss a a o p o ° -~ ---- ------- ~----- ----------~------ --------- ~-------- ----- ------- City of Meridian, Idaho 56 2009 CAPER 12/14/2010 U5. De~trrr'rt of Mousmg and Urban Dewioprert GATE: 11.30-10 ID6 - PRffi ORte d C~nvrarrttY Rannirg and UevdoprrreK TIME: 13:23 1Meg2ted Ddhutserrsetrt and irfomsation SYStan ~~ 3 mB(i FMUfontmnGe Measu'es Repot Program Year ZO(19 M9tIDLW,ID hlwsig Suhsfdles Ueate E mrnrtic Total Conte Suitable LJvtng Provide Decent lfdrsin9 'Uf°'" sr9ain A[sss AHad Sustain Access ' ----- A~=`-d--.------ ---------------------------------------------------------------------------- - ------ --- ----------------------------------------------- Tdal Number of tiousdsaLds p 0 0 0 ° ° 0 0 0 0 q Tdab Number d tsausenotls rerYwing srorttem, rertal asslstarre (< = 3 monde) p 0 0 0 0 0 0 0 0 p Number d hausehotls asK4ed that were prevfwsly tangy 0 0 0 0 0 0 0 p p 0 Df those, number d d'xotticalW homdde$ tgraehalds 0 p p 0 0 0 0 0 0 0 ------'-------- -------------- Sheter far Homeless Persons Create Suitable Living Provide Deceit Nousirg Geate Eooromk OppaRVSibes Access Afford SustaM Access ~ord______ S'~0____ ____~~____ ___Afrord ____ ____~~~______ ___________ _ _________________________________ Number d beds seated n ovemk}st shelter/dher emergency tnusug 0 0 0 0 0 0 0 0 0 0 Number d handesb Pasms given overnaJK sheJta ~ ~ ~ 0 0 0 0 0 _ ___ ____~_____ __.____ ~______ _____ _______ _______ ______ ______. _____ Hortseleu Prevention Conte Suitable Lkitng Provide Dxent HousNg Ueate Eoarorrnic OppaVrtibes TMaI Access Afldd Sustain Access -.__~ar4________ SuAain.__._ _____~~_.__ ____A~b-___ .__-~~~--.___ _______________. Number d Rrsons A558ted tlnet received energenry anandal assi4ance to prevert tnaretesrvnas 0 0 0 0 0 0 0 0 0 0 that netelved enegercy ~i as~rce to prcvert tnarnelessrness 0 0 0 0 0 0 0 ------- ~---- ------- ~----- ----- ~----_. City of Meridian, Idaho 57 2009 CAPER 12/14/2010 Appendix 2.g: Strategy Area, CDFI, and Local Target Area (PR84) IDIS -PR84 U.S. Department of Housing and Urban Development DATE: 11-30-10 Office of Community Planning and Development TIME: 13:25 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 Number of jobs created or retained in area Amount of funds leveraged Number of LMI persons assisted By direct benefit activities By area benefit activities Number of LMI households assisted Number of acres of brownfields remediated Number with new access to public faalities/improvements Number of business facades/buildings rehabilitated Slum/blight demolition City of Meridian, Idaho 58 2009 CAPF,R 12/14/2010 Appendix 3.a: Legal Notice, Idaho Statesman Idaho Statesman TPS Nt~vc PtPer 4I rPn yr...vr•Velt.. y. IowNaSlPt tT MAN.=S,M PO Box Aa, Boise. I© 837iJ7-tJ44t7 I ~rni PROOF OF PUBLICATION Aaxxaak 'Ad "~ePGC: _ ~ ~ Ide~tfical~x P-:} Arwunt Cats _ires 1tt(;gb37 70C1tt525rJ58 iEGAL NOTICE CQBG Grant S81.afl 2 33 Attention; Cori Den Hartog CITY OF MI=RIDIAN l CDBG 33 E BROADWAY AVE MERIDIAN ID 83$42 LECaAI NOTIGE CITY Of MERID~N NOTICE OF PUBLIC MEAR~G AND PUBLIC COh9MEfdT P£RIOD Regarding Meridian's 1Ct~DBG} P ~~ ~elopment Block Grant The City of Meridian has been designated an Errtitlement Community by the U.S. Department of Housing and Urban Development IHUD). Tf~s tles~natian allows the City to receive funds anrxially Pram HUD's Comrs'lunity Develop- ment Block Grard iCD6CI Program. At the end of each pragratn near the C must subm~ to HUD a Cansalida4- ed Annilal Performance and Evaluatit~t eport (CAPER) identifying the proj- ects the ` t} has undertaken dur'ng the year to achieve their Crxtsolldated Plan axis and objectves. AL~ CITIZENS ARE INVITED to attend a pul~ii Hearin~ on Tuesday, fiJo- ven~ber ~ 201D, at 6:00 P.h~l., in the Meridlas Crty C~Jrtc~il Charstt?er=, ~~eri- dian Ctt}! Hail, 33 E. Broadway, Meridian, !ttdha regarding the 20 i9 CAPEf~. Special mvltation Is extended to persons wl~ di=abilltie{:., re Ides of assist- ed pausing, and Mendlan business and property ovmers. Meridian City Mall is a handicapped accessible faeiiry. Individuals requinng aecamodatsan of pfysical, sight, ar hearer impairments ar language interpretation please col~aet the C~~+ Clerk at 08) $8$-4433. All citizens mayy revieov tpe draft CAPER and pro~nde testimony. Capic's a` ~ draft plans wiil be available !Va- vember 2, 2410 at tpe Mendtan Cih~~ t-~~rri': Cffiice, and a' ~e City's web- site, http:,•,!y*.ecws'.metidiar~ci ''.:~?` ~+planrlrtg.aspx. A THIRTY-FNE-DAY PUBL~ GOMNIENT PERIOD WILL FOLLOW THE PUBLIC FARING FROM NOVEMBER 9, 2010 THROUGH DECEMBER 14, 2810. During this period, all cammenCs show be addressed to Lori Den Harto~v><~'ro may be ccxltacted by mail: City t~ Meridian Plannin De article ~t, .~~ E. Broadway, P~eridian, 1 83642; tr1 ppone: I2d8) 884-~33; Ease 12uHi 8$8-6854; ar by eirsai; ldenhartagfr$mendtaa<ity.org. ATED this 26th day of (}ctaoer 2010. Pub, Oct 26, 201(} f~lt1525956-01 JANIGt= Hit_Qi'ZETH, being duly swum, dgposos and says: That she is the Princapal Clerk of The Idaho Statesman, a daily newspaper Printed and pubiishod ai t3uise. Ada County, State of Idaho, and hawing a genera: rireuiation therein, aril wl=itJ~ said mnaspapar has Veen cortinuousty and uninterruptedly Published in said County dursng a period of twalvq cansaeutive months prior to ttte first publication of rite notice, a copy of which is attached hereto[ that said notice was Pub!ishsd in The Idaho $tetesman, in conformity with Sgctron 6a-108, Idaho Code, as amended, fee: 1 Insgrtaons 6aginning issuq ot: 1t)d2812070 Endng iss;te of 1012fi/2a10 ~~~~~~ ;_eyal5 C16.'kl STATE OF It7AH0 } ss GC)IJNTY ©F ADA J r?n this ?.6 day of October in the year of 201 a before rrse, a Notary Public, personally appoarad beforo me Jansr~ Ni6drelh known ' or Identified to m© to be the person whose name suoscribed to the within instrument, and being by first duly sworn, declared that the statements therei» arq , and acknowledged to me that shs executed thq same. , , Naiary PubCte for Ida~ra City of Meridian, Idaho 59 2009 CAPER 12/14/2010 Idaho Statesman Tha Newspaper of the Treasure Valley IOANOSTATESMwN.COM PO Box 40, Boise, ID 83707-0040 LEGAL PROOF OF PUBLICATION Accounts Ad Number Idenirfication PO Amount Cols floes 10&4537 0000529964 LEGAL NOTICE CAPER $71.64 1 59 Attention: Lori Den Hartog CITY OF MERIDIAN /CDBG 33 E BROADWAY AVE MERIDIAN ID 83642 TINA BARTLETT, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Cade, as amended, for: LEGAL NOTICE CffY OF MERIDIAN NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT PERIOD Regarding Meridian's Community Development Block Grant (CDBG) Program The City of Meridian has been desig- nated an Entitlement Community by the U.S. De artment of Housing and Urban Development (HUDJ. This des- ignation avows the CItY to receive funds annually from HUD's Communi- ty Development Block Grant (CDBG) Program. At the end of each program yyear the City must submit to HUD a Con- in the hers, I to VITED to at- on Tuesday, 2009 CAPER. Special invitation is ex- tended to persons with disabilities, residents of assisted housing, and Meridian business and property own- ers. Meridian City Hall Is a handicap- ped accessible faculty, Individuals requiringg accommodation of physi- cal, slgfrt, or hearingg impairments nr language irrterpretation please con- tact the Clty Clerk at (208) 888- 4433. All citizens may review the draft CAPER and provide testimonyy. Copies of the draft report are avala- ble at the Meridian City Clerk's Of- fice, and on the Cty's webslte, http:/ ~ivww.merid iancity.org/plann ing.a sp x. A public comment period on the 2009 CAPER is currently m process. Durng this period, all comments should. be addressed to Lori Den Hartog~ who may be contacted by mail: Cittyy of Meridian, Planning De- artment, 33 E. Broadway Meridian, PD 83642• l hone: (~08) 884- 5533; bbyy fax:1208) 888-6854; or b"y e-mail:ldetiharto meridiancity.org. DATED .this 29t~day of November zo1D. Pub. Nov. 29, 2010 DDOD5299ryt-01 City of Meridian, Idaho 2009 CAPER 12/14/2010 1 Insertions Beginning issue of: 11129/2010 Ending iss f: 11/29/2010 (Legals Clerk) STATE OF IDAHO ) SS COUNTY OF ADA ) On this 29 day of November in the year of 2010 before me, a Notary Public, personally appeared before me Tina Bartlett known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. a ---- -1 Notary Public for daho Residing at: Boise, Idaho c ~, ffs~ip " ! 4_J :• PP l ° ~': ~aTaa~~ ~ expires: y, ~~~-~~ Z ~s"° m '~ ~ ~ ~ ~ i '~ ~Z1B~~' o° 0 a'o o'' ~~~~~N~ l+,t o ~~°spe~ ~ ~ O F ~~, ~80so °°ESOeeeseeeayeee 60 Appendix 3.b: Legal Notice, Valley Times CITY of MERIDIAN !NOTICE OF PUBLIC NEARING AND PC'BL[C COMMENT PERIOD Regarding Mtridian's Community De~clop men t Block Grant ~C DBG} P rogra m The City of Meridian has been designated an Entitlement Cranrrrunity by the U.S. Department of Ilausing and Urban Develuprnent (1iUD-. This designation atfaws the City to receive fur~t annually from !IUD's Cammunityr Devetoprnent Block Grant (CDBG) Program. At the end of each program year the City mu,~ submit to III.ID a CotLSaiidated Annual Performance and Evacuation Report (CAPER} identifying the projects. the City has uruiertaken during the year to achieve their Consolidated Plan gaals and abjectives. ALL CITIZENS ARE 1'NVFTED to attend a public hearing on Tuesday, November 9, 2010, at 6:00 P. M., in the Meridian City Cauncil Chambers, Meridian City Ilait, 33 E. Braadway, Meridian, Idaho, regarding the 2009 CAPER. Special invitation ~ extended to persons with disabilities, residents of assisted hauling, and Meridian business and property owners.. Meridian City llati is a handicapped au~:essEbk facslity. Individuate requiring aucammudatian of physical, sight., ar hearing "impairments at language interpretatiu~n please contact the City Clerk at (208) 888~kt33. All ~°etirens may review the draft CAPER. and provide testimony. Copies of the draft plans will be available November 2, 2010 at the Meridian City Clerk's OtTice, and on the City's web site, http:?i www. meridians ity.art;,'ptattning.aspx. A THIRTY-FEVE-DAY Pt~BLiC COMMENT PERIOD W'!LL FOLLOW` THE Ft'-BLiC HEARiIIG FROM !NOVEMBER 9, 2814 THROF:~GH DECE(WiBER l4, 2610. During this period, all cammentti should be addressed to Lori Den Ilartog, who may be contacted by mail: City of Meridian, Ptanning Department, 33 E. Broadway, Meridian, ID 83b42; by phone: (208) 8RA-5533; by fax: (?08} RSSfiR54; or by a-mail: I~nhar6og{ctaneridiancity.rrrg. DATED the ~S• day of October 2010. f~alle;s~ Temex Publish: Octaber 25, 2010 City of Meridian, Idaho 61 2009 CAPER 12/14/2010 Page I K 6tdle}' Trines Noveulber 29, 2010 Classified ,4dverJisemetrls We have been informed that the 'free b good home puppies dassified was actually a stern. Wta ere no Itngar aoceptng suds out- ot-area ads and souse o4r raao- ors to reply b any dasaified wAt care and irxesfigation baba pay- ing artythirtg. -The management FOR SALE One dtxebk Terrace Lawn caxs- etery ptaS alsozegrotrsd wilhvr Casrtkn of Pmyer Barran (pmyttg hatsds). C1r- rrnt vahse 53,500; rkrtsg 52,000. Gtl 888-.L 26 tx R59-71 &'. ItH-PWAN'IED Marketing reprascrdativas for b al weekly rsewspapm. Self-starting, maturrpasotw peErte<(.Ca11 d07-5~4 for fanicularu. Pan-time acczssnt reprerntebves, salt pnymettt and bookkeepers. A(tu4 6e ctmputer uilemte with aaceua ta the vtbrrses 2 hours each wade. If you am interested, contasx Ig0lanthony- ;a~yxsual.amxr. FOR R@YP Throo-bedrrwm, two-bath hanve fm rent Pet kieztdy, fm~rod back yaad, clean fu duwnbun Meridian. 5785.00 ('1 Tl' OF MF. RIDIAN NOTICE OF PCRL.I C' HEARING AND rt'RLIC COlIh1ENT rEAH)D RegaNfn; Merfdlan'a Csrraatty Develapaewt Rbak Gnaf IcDac)rngrr^ The City of Mdidir ha, bem designated an FSrtidemcm Cmsmunity by the U.S. Depaztmaat of Housing and LYban Dewlapaat (HUD). The deaigrtim allows the Ciry m aceive funds anmsally form HUD's CommnNty Darabpmaat Rlack Gnat (CDt~) Program. A[ the end of each popam yrrr the City meat submit m HLD a Cmmlidafcd Amual Perfarmaaea and Evalua ion Rrpon (CAPER) id mtifyvg the projtru the City hr mderuken during the year m achieve their CamNidated Pba gals sad abject ivaa. ALL CRTLENS ARR INVITED n attend a pnhdic dating on Tuesday, Decerober le, 2010, at 6:00 P. M., in dst Meridian City Council ('hemben, Meridian City Hall, 33 E. Broadway, Meridian, Idap0. mgardirsg the ?009 CAPER. Spedal evintkn b tztanded m prisms with diea6il idea, rcvd<as or aaimed Musing, and Median burircrs and pmprny owners. Mrridiaa City Hall is a haM kappcd accesabk foolery. todividrls requiring umwssadatim of physical, sight. a hearing impairmem or languag< imerprtetion please caotaat the Ciry Cerk at 1.?ON) RRR-4433. All citi>ms may review the draft CAPER aM povide tdtirno%. Copses of the drab report at avvlahk at th< hberidin City Clesk'e Offu:e, sari oo the Ciry's web sett. http:.'www. mend ianc i n' n rg~penniag.asp z. A public mmmem pan od m the 'A09 CAPER a ctrteatly in poeraa. Doting this perwd, all tammeras sluouM 6t addressed m Ldi Dm Hartq, woo may b< rmtactd by mail: City a6 Hoiden, Pbsuuug Dtpattmam, 33 E. Broadway, Meridian. ID R3642t by phone: (208) RR4-5533; by tax: 12067 R8%-RRSd; or by a-mail: Idto Imrtog(a~muidianciry.org. DATID shin 29° day a Nm msbet 3010. Weary 71ser publish. Nd~affia 29°, al110 Legal Notices -~ NOTICE OF HEARING NOTIf.E i5 HF.RF.BY GIVEN pursuant m the Qdinaocrs of the City of Meridian and the Laws of the Store of Waho that the City Council of the Ciry d Haitian will hold a prtili< 6arity m due Meriden City Hall, 33 Fiat Rmadway Avamst, Mttideo, Idaho, m the hour d 7:Be Fa w Taxaday, Dareaher 7, Mt• kr the pmpox of mriewing aM mnvdering the apptucatiaos of Os erbnd 16. LLC for Reaaae approval of 16.1"_ acres from the C-N (Nri~bofimd Busineatl m tic c-C (Commuairy ermeaa) zoning mania a~ 1'retkmhary Pbt ypoval of five IS) 6uiWing Iota o0 1 }. t9 acre (d SaarrtN Sehdfvtabe AND ST IavWarnta for CeWeaul [:act rartrak approval of a mnvcnieoce atarS ftml sold facdny, vdiHe watiirsg fadliry, quick tube and trivx thru in a propdtd C-C zoning district fd Frt EMy'f Chevron Caevenienn Start generally bcated at Smdrast Corns a E. Da<rland Road and S. Laeum Crow Road IPre/R'm atW be hesN rentarrrrsdr/, Priretaad In estarat Grwnp, LLC far VNterra Snhdtvbbas (NartY and Soath) far Raxaar of SR.33 acres from Ri (lov denvty sesidemiai) zoning district to the R-R (medium deairy rcsidentel) mniag district for Vaberr• SnhdtriNs• Send: Pre~4nary Pbt ~spovwl of 301 rev dam el bts, 1 tchwl for and }R comsmn lac on appozimmrly 120.6 accts in an R-4 zm< far VNlrra SntWlrfatoa Nerri and PrelYrln sry Pbt appoval of 19i res idtm el lots, 10 mrmnereial bts asd 2_' cammo ksls on appmvssntdy R0.4 outs in a pmpoa<d C- 4 LO and pmpnad R$ amts far VaRwn Snhdlvldam Saath; asM approval to Modify the Recorded Dr vrbpaa:at Agrreaeaf (or Veltrrn Sahdlrbbu (Nar4 nod Sealy genmlly bntcd earth side of w'. McMillan Road bcnvem N. Blatt Cat Road and N. Ten Mi4 Road. Mora partiwlar ddcriptiar of tM aM vc pmpaties am m file is the Planning Drywrtmed oECice at Meriden City Hall. }3 Ease Broadway Aveauc, Meridian Idaho and arc availaMt br inr)seaion tirisug regular business hours, Mmdry thongh Friday, aom Ro00 a.m. m 5:00 p.m. Copies of the abme applicmiom me avsilabk br review upon ngtcm. Any aM all imerested paaons vrall be heard m aid public hearirug, am [he public is wzbcome am invited m submit remimoay. Qal tesnmmy may be li mitrd w three (3) mirmaes per pawn. Written mmtrmb rmy be ndmithd acven nl days pid n City of Meridian, Idaho 2009 CAPER 12/14/2010 62 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE December 14, 2010 ITEM # 8A PROJECT NUMBER PROJECT NAME CDBG PY2009 CAPER ~ PLEASE PRINT NAME ~ FOR ~ AGAINST ~ NEUTRALI C;'I?Y ::.,L_ERKS OFFICE Meridian City Council Meeting noTE~ December 14, 2010 ITEM TITLE: PROJECT NUMBER: Close Public Hearing/Comment Period: Substantial Amendment to the CDBG Program Year 2009 Action Plan MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ITEM NUMBER: E IDIAN~-- STAFF REPORT Meeting Date: December 14, 2010 1 D ~ B TO: Mayor and City Council FROM: Lori Den Hartog, CDBG Administrator SUBJECT: PY2009 Community Development Block Grant Action Plan Amendment, Closing 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 Facade $40,000 Improvements Project Amount Meridian Community $40,000 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 December 14, 2010 3. SUMMARY RECOMMENDATION Staff recommends closing the public hearing and comment period on December 14, 2010. Staff recommends approving the proposed substantial amendment to the Program Year 2009 CDBG Action Plan and directing staff to forward the amendment to the Portland Field Office of the U.S. Department of Housing and Urban Development for review. 4. SUMMARY OF SUBSTANTIAL AMENDMENT Staff proposes amending the PY2009 CDBG Action Plan as described herein. 5. PROCESS FACTS The Public Hearing and Comment Period for this proposed amendment was opened on November 9, 2010 and is proposed to be closed on December 14, 2010, allowing for 35 days for the public to comment. Published public notices on October 25, 2010 and November 29, 2010 in the Valley Times and on October 26, 2010 and November 29, 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: htt~//www meridiancity org/plannin~.aspx?id=4418. 6. EXHIBIT A. 3C Table for Meridian Community Center ADA Upgrade PY2009 CDBG Action Plan Amendment December 14, 2010 EXHIBIT A: Table 3C Consolidated Plan Listing of Project Jurisdiction's Name: City of Meridian, Idaho Priority Need: Public Facility Project Title Meridian Community Center, ADA Upgrades Description 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). By modifying railing on an existing ramp, replacing existing kitchen cabinetry with accessible counters, and reconfiguring the bathroom stalls and sinks in doorways in the restroom facilities this project will ensure that the Community Center is accessible to all residents and visitors. Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome category: ®Availability/Accessibility ^ Affordability ^ Sustainability 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 03E 24 CFR § 570.208 (a)(2)(ii) Type of Recipient CDBG National Objective Recipient LMC Start Date Completion Date 01/03/2011 09/30/2010 Performance Indicator Annual Units 1 Local ID Units Upon Completion 1 Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $40,000 $40,000 . ............................................................ $20,000 .................................................................. $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 December 14, 2010 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE December 14, 2010 PROJECT NUMBER ITEM # 86 PROJECT NAME Substantial Amendment to CDBG PY2009 Action Plan ~ PLEASE. PRINT NAME ~ FOR ~ AGAINST ~ NEUTRAL CITY CLERKS OFFICE Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Resolution No. ~~ " I~D~ :Adoption of the Community Development Block Grant (CDBG) Program Year 2009 Consolidated Annual Performance Evaluation Report (CAPER) MEETING NOTES Q,~,,~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I ~ -~lCoy BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING SUBMISSION OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2009 ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian is an Entitlement City and receives federal funding annually under the Community Development Block Grant ("CDBG") program; WHEREAS, pursuant to 24 CFR § 91.520, the City is required to complete and submit a Consolidated Annual Performance and Evaluation Report ("CAPER") for each program year ("PY") as a condition of CDBG funding; and WHEREAS, pursuant to the Citizen Participation Plan, a public hearing on the draft PY09 CAPER was held on November 9, 2010 and a public comment period on the draft PY09 CAPER was held from November 9, 2010 to December 14, 2010; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the PY09 CAPER, a copy of which is attached hereto as EXHIBIT A and incorporated herein by reference is hereby approved as to both form and content. Section 2. That the Mayor, the City Clerk, and the CDBG Grant Administrator are hereby authorized to respectively execute, attest, and submit to HUD said PY09 CAPER for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of December, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ d of December, 2010. APPROVFn~ \\1\`~~~uiiiii~rrrrri or ~a~ ATTEST: = ~ ~L By: o~ cee olman, City Clerk %; .g,~ r''GSr 15.E ,'`~ ~O`~' ,~ c ` ,;. ,i ,, a~' ''%, gUP9TY . ,• 'rr,,,".. ., RF,SnI,TJTTnN APPRnVTN('i C1~RCi PY09 CAPF,R de Weerd Paee 1 of 1 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba December 15, 2010 Doug Carlson Director, Community Planning and Development U.S. Department of Housing and Urban Development 400 Southwest Sixth Avenue, Suite 700 Portland, OR 97204-1632 Dear Mr. Carlson: Enclosed please find the City of Meridian's Program Year 2009 Community Development Block Grant Consolidated Annual Performance and Evaluation Report. The CAPER was adopted by the Meridian City Council at'theDecember 14, 2010 City Council meeting. Please let the City know if you have any questions, or if further clarification is needed. All questions can be directed to Lori Den Hartog, CDBG Administrator, at ldenhartog_(a~meridiancity.org, or by phone at 208-884-5533. Thank you and we look forward to working with you and your staff in the upcoming program year. Sincerely, `,~ ~~~~- .~ Tammy ~ eerd Mayor Planning Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: $p PROJECT NUMBER: ITEM TITLE: Resolution No. _ ~D ' ~ ~D' :Adopting Proposed Substantial Amendment to the Community Development Block Grant (CDBG) PY09 Action Plan MEETING NOTES ~~ ~.,~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. ~ O - ~ CO BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2009 ACTION PLAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is required to prepare and adopt a Community Development Block Grant (CDBG) Action Plan for each year the City receives CDBG Entitlement funds; and WHEREAS, the City adopted, and the United States Department of Housing and Urban Development (HUD) subsequently approved, a CDBG Action Plan for Program Year 2009 (PY2009) on October 20, 2009; and '~ WHEREAS, certain activities identified for use of PY2009 CDBG Entitlement funds did not advance according to prescribed timelines; and WHEREAS, HUD requires timely expenditure of Entitlement funds by CDBG recipients; and WHEREAS, the City proposed a substantial amendment to the PY2009 CDBG Action Plan to allow reallocation of unused funds to a continuing activity; and WHEREAS, in accordance with the Citizen Participation Plan, the City held a public hearing on the proposed substantial amendment to the PY2009 Action Plan on November 9, 2010, and held a public comment period on the same amendment from November 9 to December 14, 2010; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Program Year 2009 Action Plan and its certification documents, incorporated herein by reference, be, and the same hereby are, amended as described in Attachment 1. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attest, through this Resolution, this substantial amendment to the PY2009 Action Plan for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ("~~day of December, 2010. RF,SnT,T JTTnN AMF,NnTN('~ PY2009 C1~RC'~ ACTT(~N P1,AN - Paee 1 ~f 2 APPROVED by the Mayor of the City of Meridian, Idaho, this ~`-1 ' day of December, 2010. ATTEST: sy: aycee APPROVED: ^ .„r_._._ _, /`~'~m~r ECG' ~„~ `,;~,~ pF ' ~~~-~~~Iayor Tamm de Weerd ,~, ~,, ty Clem EAL y ~~o~ O O~ C ~Q. ,'~~~~~~~ DURlTY . ~ \\~~ ~~\. '~~~oirr~tii n~H~~~\\ RF,SnT,T JTTnN AMF.NI~TN(', PY2009 C1~R('~ ACTTnN PT,AN - Paee 2 of 2 MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba December 15, 2010 Doug Carlson Director, Community Planning and Development U.S. Department of Housing and Urban Development 400 Southwest Sixth Avenue, Suite 700 Portland, OR 97204-1632 Dear Mr. Carlson: Enclosed please find a Substantial Amendment to the City of Meridian's Program Year 2009 Community Development Block Grant Action Plan. The substantial amendment was adopted by the Meridian City Council at the December 14, 2010 City Council meeting. Please let the City know if you have any questions, or if further clarification is needed. All questions can be directed to Lori Den Hartog, CDBG Administrator, at ldenhartog_(a~meridiancity org, or by phone at 208-884-5533. Thank you and we look forward to working with you and your staff in the upcoming program year. Sincerely, --~-- .. .~-~. ~, ~... Tammy Weerd Mayor Planning Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba December 15, 2010 Doug Carlson Director, Community Planning and Development U. S. Department of Housing and Urban Development 400 Southwest Sixth Avenue, Suite 700 Portland, OR 97204-1632 Dear Mr. Carlson: Enclosed please find a Substantial Amendment to the City of Meridian's Program Year 2007 Community Development Block Grant Action Plan. The substantial amendment was adopted by the Meridian City Council at the May 26, 2009 City Council meeting. The City of Meridian followed all of the requirements laid out in the CDBG Citizen Participation Plan for this amendment. However, the staff at the time did not complete the final step and forward the amendment to you for review and approval. Attached is the original documentation regarding the amendment to the PY2007 Action Plan. Table 3C for the Meridian Community Center ADA Upgrade project is proposed to be modified based on comments from your office. The most accurate and up-to-date Table 3C for the Community Center ADA project is included in the PY2009 Action Plan amendment. Please let the City know if you have any questions, or if further clarification is needed. All questions can be directed to Lori Den Hartog, CDBG Administrator, at ldenhartog_(a~meridiancity org, or by phone at 208-884-5533. Thank you and we look forward to working with you and your staff in the upcoming program year. Sincerely, Tammy de ~~ eerd Mayor Planning Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Public Works: Backflow Program Discussion MEETING NOTES YY~ ~sv'° °l '~ cl f1" ~ ~~~~ ~~ ~C CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Madam Mayor and Members of Coun '1 ~,~„„ X13 jZECEIVE~ DEC 1 4 2010 ci , CITY OFGCfE ut.~ CITY CLERKS OFFICE This is a follow-up to the draft memo sent to you on November 17~' related to the cross connection control program in the city. In that memo, background information and a description of the issues specifically related to what we term a "dual connection," was provided In discussions with a council member and representatives of the home owner associations affected by the recommendations we are making with regard to dual connections. Below is a summary of the recommendations that we believe reflects the consensus reached: • Do not change the ordinances related to backflow and cross connection. • The City of Meridian should pay for the complete removal of the dual connections that we permitted. • Require the removal of all private dual connected backflow assemblies. • The City of Meridian should pay up to $300.00 per non-permitted dual connected property (as a cost share) for the dual connection removal where the City has accepted a test for a dual connected assembly. • Continue the current Backflow Testing Reimbursement Program by offering a $10.00 incentive perhaps in the form of a coupon toward testing of backflow preventers required in our system. • Shift the cost of testing and repair back to the owners of the private backflow devices. • The City of Meridian would allow for a one year period to complete the dual connection removals. Only homes built from 1989 to 2006 will be considered. • The City of Meridian would allow installation of anon-removable hose Bibb type backflow preventer, anon-removable hose Bibb type vacuum breaker, or an atmospheric vacuum breaker installed according to the current Plumbing Code {would this require a permit or City review?}. • Eliminate the payment assistance program for removing the dual-connections after one year. • Continue to send out reminder notices to legal assembly owners. • Initiate an aggressive education campaign related to cross-connections and the Dual-Connection Removal Program. • Work with Ada County to implement City of Meridian ordinances on properties serviced by our domestic water system that lay outside of the City limits. If Council has a complete understanding of the issues surrounding dual connections and the costs the City of Meridian is experiencing with the cross-connection control program, then the Public Works Department will be asking for your approval of these recommendations tomorrow evening. If you have any questions, please call. Thanks Rich Dees Madam Mayor and Members of Council, This is a follow-up to the draft memo sent to you on November 17~' related to the cross connection control program in the city. In that memo, background information and a description of the issues specifically related to what we term a "dual connection," was provided In discussions with a council member and representatives of the home owner associations affected by the recommendations we are making with regard to dual connections. Below is a summary of the recommendations that we believe reflects the consensus reached: • Do not change the ordinances related to backflow and cross connection. • The City of Meridian should pay for the complete removal of the dual connections that we permitted. • Require the removal of all private dual connected backflow assemblies. • The City of Meridian should pay up to $300.00 per non-permitted dual connected property (as a cost share) for the dual connection removal where the City has accepted a test for a dual connected assembly. • Continue the current Backflow Testing Reimbursement Program by offering a $10.00 incentive perhaps in the form of a coupon toward testing of backflow preventers required in our system. • Shift the cost of testing and repair back to the owners of the private backflow devices. • The City of Meridian would allow for a one year period to complete the dual connection removals. Only homes built from 1989 to 2006 will be considered. • The City of Meridian would allow installation of anon-removable hose Bibb type backflow preventer, anon-removable hose bibb type vacuum breaker, or an atmospheric vacuum breaker installed according to the current Plumbing Code {would this require a permit or City review?}. • Eliminate the payment assistance program for removing the dual-connections after one year. • Continue to send out reminder notices to legal assembly owners. • Initiate an aggressive education campaign related to cross-connections and the Dual-Connection Removal Program. • Work with Ada County to implement City of Meridian ordinances on properties serviced by our domestic water system that lay outside of the City limits. If Council has a complete understanding of the issues surrounding dual connections and the costs the City of Meridian is experiencing with the cross-connection control program, then the Public Works Department will be asking for your approval of these recommendations tomorrow evening. If you have any questions, please call. Thanks Rich Dees Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: gq PROJECT NUMRFR• ITEM TITLE: " Fire Department Strategic Plan Update MEETING NOTES 1'riav-~~` ~ ~ (3 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: gC PROJECT NuMRFR• ITEM TITLE: Fire Department: Adoption of the 2009 International Fire Code MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ,~.,~ DRAFT 12-14-10 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 10, CHAPTER 4, OF THE MERIDIAN CITY CODE REGARDING ADOPTION OF THE 2009 INTERNATIONAL FIRE CODE; AMENDMENTS TO THE 2009 INTERNATIONAL FIRE CODE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the International Code Council has published a 2009 edition of the International Fire Code; WHEREAS, the City Council of the City of Meridian hereby finds that good cause exists for the following amendments to the International Fire Code, 2009 edition, and that such amendments are reasonably necessary for the expedient administration of the IFC and the protection of the public health, safety, and welfare; WHEREAS, the City Council of the City of Meridian hereby finds that the following amendments do establish at least an equivalent level of protection to that of the 2009 International Fire Code; and WHEREAS, a public hearing on the following amendments was conducted on January ~ 25, 2011 following publication of notice of the time and place thereof in the Valley Times on December 20 and 27, 2010 and provision of the proposed language of this ordinance to the entities identified in section 39-4109(5), as enumerated in Exhibit A hereto, on December 15, 2010; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, Chapter 4, of the Meridian City Code is amended as follows: Chapter 4 FIRE CODE 10-4-1: INTERNATIONAL FIRE CODE ADOPTED: There is hereby adopted by the mayor and the city council of the city of Meridian, county of Ada, state of Idaho, for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Meridian, Idaho, and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions, terms, and appendices of such °-tle-eed , ~nn~ a•t• International Fire Code. 2009 edition published by the International Code Council, Inc., el3e and the same CITY OF MERIDIAN INTERNATIONAL FII2E CODE AMENDMENT - 2009 IFC EDITION PAGE 1 OF 10 DRAFT 12-14-10 are hereby adopted and incorporated as fully as if set out at length herein, with the revisions, additions, and deletions thereto as set forth in this chapter. From the date in which this chapter shall take effect, the provisions of the i~tPr~tat~ie~Ial~e-eed , ~^~~ a'*' -, International Fire Code, 2009 edition, and the revisions, additions, and deletions thereto as set forth in this chapter shall be controlling within the limits of the city of Meridian; „c;: ;~ onid~, s~t~, 10-4-2: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: To the extent that anv provision of the International Fire Code 2009 edition (hereinafter "IFC") conflicts with a provision of Idaho Code the provision of Idaho Code shall revail Additionally, Tthe following amendments to the It}teIen;~re-Fade, ~nn~ a•+• f#erei~a€~er~~C-"-} IFC shall apply: A. IFC section 103.2 t~eienl shall be amended to read as follows: Section 103.2 Appointment. The code official shall be the fire chief of the city of Meridian. In the absence of the fire chief, the deputy chief/fire prevention or designee shall be the code official. B. IFC section 103.3 Deputies-shall be amended to read as follows:\ Section 103.3 Deputies. In accordance with the prescribed procedures of the city of Meridian the fire chief shall have the authority to appoint a deputy fire chief/fire prevention, or other technical officer, inspectors and other employees. C. IFC section 104.1 Gene~l shall be amended to read as follows: Section 104.1 General. The fire code official is hereby authorized to enforce the provisions of the IFC as herein adopted and amended and shall have the authority to render interpretations of the IFC as herein adopted and amended, and to adopt policies, procedures, rules and regulations in order to clarify the application of such provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of the IFC as herein adopted and amended and shall not have the effect of waiving requirements specifically provided for in the IFC as herein adopted and amended. The fire chief is authorized to administer and enforce the IFC as herein adopted and amended. Under the fire chiefs direction, the fire department is authorized to enforce all ordinances of the city of Meridian pertaining to: a. The prevention of fires; b. The suppression or extinguishment of dangerous or hazardous fires; c. The storage, use and handling of hazardous materials; d. The installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment; e. The maintenance and regulation of fire escapes; £ The maintenance of fire protection and the elimination of fire hazards on land and in buildings, and other property, including those under construction; g. The maintenance of means of egress, and CITY OF MERIDIAN INTERNATIONAL FIl2E CODE AMENDMENT - 2009 IFC EDITION PAGE 2 OF 10 DRAFT 12-14-10 h. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, except that for authority related to control and investigation of emergency scenes, 1FC section 104.11 shall apply. D. A new section shall be added to the provisions of the IFC as follows: Section 104.6.3 Records retention. The fire department shall retain for not less than five (5) years a record of each investigation made showing the cause, the findings and disposition of each investigation. E. A new section shall be added to the provisions of the IFC as follows: Section 104.10.2 Fire Prevention Personnel and Police. The fire chief and fire prevention personnel shall have the powers of a police officer in performing their duties under this code. When requested to do so by the fire chief, the chief of police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of the IFC as herein adopted and amended. ~ ~ .. ,,,.~;,... ~~,~n i.., .,aa,.a ~., ~~.,, .. ~F ~~.,, r~r .,~ r,.n,,..~ r~ GF. A new section shall be added to the provisions of the IFC as follows: Section X8105.3.9 Working Without Permit. Any person who commences or causes the commencement of work for which a permit is required under the IFC as herein adopted and amended or under other provision of law without first obtaining each and every required permit, shall, upon application for such permit or permits, pay a doubled permit fee or fees, as established by fee schedule. This provision shall not apply to emergency repair work performed during off-business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day. I4G. IFC section 109.3 shall be amended to read as follows: Section 109.3 Violation Penalties. Persons who shall violate a provision of the IFC as herein adopted and amended or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of the IFC as herein adopted and amended, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 dollars or by imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. IH. IFC section 111.4 ~~"•--'° '''~ r~mpl~ shall be amended to read as follows: Section 111.4 Failure to Comely. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove CITY OF MERIDIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDITION PAGE 3 OF 10 DRAFT 12-14-10 a violation or unsafe condition, shall be guilty of a misdemeanor, and shall be liable to a fine of not less than $100.00 dollars and not more than $500.00 dollars. I.1FC section 113.5 shall be amended to read as follows: 113.5 Permit fee refunds. Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Public Works Director or designee no later than one hundred eighty (180) dam following the date of permit issuance. Plan review fees shall not to be refunded in part or in whole after completion of plan review. J. A new section shall be added to the provisions of the IFC as follows: 113.6 Permit transfer. A permit rag nted pursuant to this code may be transferred from one permit holder to a another permit holder upon written request by the current permit holder to the Public Works Director or designee. Erred permits may not be transferred. No permit transfer may be made without written approval of the Public Works Director or desi n transfer is attempted without written approval of the Public Works Director or designee such permit shall be deemed void. €IK. A new section shall be added to the provisions of the IFC as follows: Section 501.4.1 Fire Hydrant Installation Timing. All necessary fire hydrants shall be installed and operational before any combustible materials, as such term is defined by r° ~n~ the inner :..*o,,.,.,*;~.,.,~ ~.,,:,a;„,. ,,,,ao~ International Building Code, 2009 edition, may be brought onto the site. Failure to comply with this provision will result in a stop work order which shall be effective until all necessary fire hydrants are installed and operational. L. A new section shall be added to the provisions of the IFC as follows: Section 505.1.1 Address Numbers. Address numbers shall have a minimum stroke width of one-half inch (0.5"), and of a color contrasting with the background. The required height of each address number shall be calculated by the distance of the addressed building from the road as follows: where the building is less than one hundred feet (100') from the road the height of each address number shall be six inches (6") in height; where the building is one hundred feet to one hundred fifty feet (100-150') from the road, the height of each address number shall be at least eight inches (8") in height; where the building is one hundred fifty-one feet to two hundred feet (150-200') from the road, the height of each address number shall be ten inches (10") in height• where the building is two hundred one feet to two hundred fifty-one feet (201-251') from the road, the height of each address number shall be twelve inches (12") in height ISM. IFC section 901.6.2 Reeeeds-shall be amended to read as follows: Records. Records of all required system inspections, test and maintenance shall be maintained on the premises for a minimum of three (3) years. Any person undertaking such system inspections, tests, and/or maintenance shall deliver a copy of such records to the fire chief. i6N. IFC section 903.3.7 shall be amended to read as follows: Fire Department Connections. The location of the fire department connection shall be within one hundred feet (100') of a fire hydrant. CTl'Y OF MERIDIAN INTERNATIONAL FIItE CODE AMENDMENT - 2009 IFC EDTI'ION PAGE 4 OF 10 DRAFT 12-14-10 1140. A new section shall be added to the provisions of the IFC as follows: Section 903.4.1.1 All Buildings That Are Required To Be Sprinklered. An approved audible sprinkler flow alarm to alert the occupants of each tenant space shall be provided in the interior of the building at a normally attended location within each tenant space with a minimum of one per floor. 1~1P. A new section shall be added to the provisions of the IFC as follows: Section °°~~ 903.4.2.1 Alarms. Approved audible devices and visual alarms with a minimum candela rating of 110 shall be connected to every automatic sprinkler system on the exterior of the building per NFPA standard 131ocated above the fire department connection. Such audible and visual alarms shall be activated by water flow equivalent to the flow of one (1) sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. AQ. IFC section 903.4.3 z''^^~• r'^~•-•^' ~'^'-°^° shall be amended to read as follows: Floor Control Valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in institutional and multi-tenant buildings two or more stories in height. ~R. A new section shall be added to the provisions of the IFC as follows: Section 903.4.4 Location of Fire Sprinkler Controls. Sprinkler riser and appurtenances shall be enclosed in a one hour rated room equipped with an exterior door. QS. IFC section 906.1 ' • d shall be amended to read as follows: Where Required. Portable fire extinguishers shall be installed in the following locations: 1. In all group A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies, without exception. 2. Within 30 feet (9.144 mm) of commercial cooking equipment. 3. In areas where flammable or combustible liquids are stored, used or dispensed. 4. On each floor of structures under construction, except group R-3 occupancies, in accordance with section 1415.1. 5. Where required by the sections indicated in table 906.1. 6. Special-hazard areas, including but not limited to laboratories, computer rooms and generator rooms, where required by the fire code official. '~~' ~\ r e CITY OF MERIDIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDITION PAGE 5 OF 10 DRAFT }~~~ g 12-14-10 T. IFC section 907.1.2 shall be amended to read as follows: 907.1.2 I+~re alarm shop drawings. Shop drawings for fire alarm systems shall be submitted for review and approval prior to system installation, and shall include, but not be limited to, all of the following: 1. A floor plan that indicates the use of all rooms. 2. Locations of alarm-initiating devices. 3. Locations of alarm notification appliances, including candela ratings for visible alarm notification appliances. 4. Location of fire alarm control unit, transponders, and notification power supplies. 5. Annunciators. 6. Power connection. 7. Battery calculations. 8. Conductor type and sizes. 9. Voltage drop calculations. 10. Manufacturers' data sheets indicating model numbers and listing information for equipment, devices and materials. 11. Details of ceiling height and construction. .~ 12. The interface of fire safety control functions. 13. Classification of the supervising station. 14. Fire alarm drawings shall be stand alone and drawn to'/g" scale. 15. Declaration of occupancy classification(s). RU. A new section shall be added to the provisions of the IFC as follows: Section 3-907.1.4 Non-Required Fire Alarm Systems. Where fire alarm systems not required by the IFC as herein adopted and amended or other provision of law are installed, any and all notification devices shall meet the minimum design, installation, and occupant notification requirements for systems which are required by the IFC as herein adopted and amended or other provision of law. SV. A new section shall be added to the provisions of the IFC as follows: Section nn~907.1.5 Partial or Limited Fire Alarm Detection Systems. Where partial or limited fire alarm detection systems are installed, any and all notification devices shall meet the minimum design, installation, and occupant notification requirements applicable to full and/or unlimited fire alarm systems. T. 'I'he-€ellc~r~~gsee~ieos-c~€~#~'~l~e-d~eteEl~eEtiet}~~9~~~~^~r~~81-2-3; ... i3W. IFC section 3404.2.13.1.3 shall be amended to read as follows: CITY OF MERIDIAN INTERNATIONAL FII2E CODE AMENDMENT - 2009 IFC EDTI'ION PAGE 6 OF 10 DRAFT 12-14-10 Under round Tanks Out Of Service For One Year. _Underground tanks that have been out of service for a period of one (1) year shall be removed from the ground in accordance with section 3404.2.14 or abandoned in place in accordance with section 3404.2.13.1.4. Upon approval of the fire chief, underground tanks that comply with the performance standards for new or upgraded underground tanks set forth in title 40, section 280.20 or 280.21, of the code of federal regulations may remain out of service indefinitely so long as they remain in compliance with the operation, maintenance and release detection requirements of the federal rules. .~ ~. ~~nn ~ ~ ~ 1 «i, 1, 2~n~ ~ ~ ~ c „ a ,.«;,. ctn ,.~«i,e ..«o...,.,«; .,1 e,.i ' .., .,1 ,,,le_ 0 ~..~ ~X. IFC Chapter 45 Referenced Standards shall be amended as follows: Where National Fire Protection Association standards are referenced, including, but not limited to, NFPA standards 13, 13R, 13D, and 72, such provisions shall refer to the 288 2010 editions of the National Fire Protection Association standards. F « « « • « /7\ C,11 «o«w, T~F «l,o , ,-o.l «o.-.,~. .~« l.e F;llo.d 1+<.., .,«:.~.. L... YY ~ ~ „r, s Y Appendices mandatory, All appendices including Appendix A, Appendix B, Appendix C, Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I and Appendix J shall be mandatory, with these amendments: 1. IFC section A101.2.1 shall read as follows: Design professional One member should be a practicing design professional reeistered in the practice of engineering or architecture in the state of Idaho. 2. IFC section A101.2.2 shall read as follows: Fire protection engineering professional. One member should be a qualified en ig Weer technologist technician or safety professional trained in fire protection en~ineerin~, fire science or fire technology including fire protection contractors and certified technicians eneaeed in fire protection system design. 3. IFC section A101.2.3 shall read as follows: CITY OF MERIDIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDTI'ION PAGE 7 OF 10 DRAFT 12-14-10 Industrial_safety professional. One member should be a registered industrial or chemical engineer, certified hygienist, certified safety professional, certified hazardous materials manager or comparably qualified specialist experienced in chemical rn ocess safety or industrial safety, 4. IFC section A101.2.4 shall read as follows: General contractor. One member should be a contractor re ug larly engaged in the construction, alteration, maintenance, repair, or remodeling of buildings or building services and systems regulated by the code. 5. IFC section A101.2.5 shall read as follows: General industry or business representative. One member should be a representative of business or industry not represented from one of the other categories of board members described above. 6. ~. An introduction shall be added to IFC section B105 ' to read as follows: Fire-Flow Repuirements For Buildings. Only non combustible construction, as such term is defined in the ,International Building Code, 2009 edition sections 703.4, 703.4.1, 703.4.2, will be allowed until the full fire flow is available as required by appendix B 105 and fire hydrants are located and distributed as required bYappendix C- n 1~. 7 ~. IFC section D107.1 One- Or Two-Family Dwelling Residential Developments shall be amended to read as follows: Developments of one- or two-family dwellings where the number of dwelling units exceeds fifty (50) shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of section D104.3. Exceptions: 1. Where there are more than 50 dwelling units on a single public or private apparatus access road and all dwelling units are voluntarily equipped throughout with approved automatic sprinkler systems, in accordance with sections 903.3.1.1, 903.3.1.2 e~ °"~ ~~~, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. tl.e le«..+L, .,F+L,o ..., ...,11 .1:.,.....,.,1 .1; «.,e.,..:......F u.v avu~ua vi sra ° ~l.o .. ..o.-r.... ., ~~, l.e ., 0,7 ° ° , /'~\ CITY OF MERIDIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDITION PAGE 8 OF 10 DRAFT 12-14-10 ~. 10-4-3: SEVERABILITY: The provisions of this chapter shall be deemed severable and a finding by a court of law that a provision of this chapter is unlawful shall have no effect on the remaining provisions. 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 and publication. PASSED by the City Council of the City of Meridian, Idaho, this 25th day of January, 2011. 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 25th day of January, APPROVED: r1 Tammy de Weerd Mayor ATTEST: Jaycee Holman City Clerk CITX OF MERIDIAN INTERNATIONAL FIItE CODE AMENDMENT - 2009 IFC EDTI'ION PAGE 9 OF 10 DRAFT 12-14-10 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.11- PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY FIRE CODE An ordinance of the City of Meridian amending Title 10, Chapter 4, of the Meridian City Code regarding adoption of the 2009 International Fire Code; amendments to the 2009 International Fire Code; providing a severability 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.11- 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. 11- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2011. William. L.M. Nary City Attorney ~"'~ CITY OF MERIDIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDITION PAGE 10 OF 10 Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: 9H PROJECT NUMBER: ITEM TITLE: Public Works Department: Strategic Plan Discussion MEETING NOTES ~~~ ~, ,~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 14, 2010 ITEM NUMBER: 9L PROJECT NUMBER: ITEM TITLE: Legal Department: Draft Ordinance An Ordinance of the City of Meridian Repealing and Replacing Or 'once No. 1458; Providing for a New Chapter, Chapter 7, of Title 2 of the M ridian City Code Relating to the Establishment, Duties and Powers, Membership, Meetings, and Hearing Procedures of the Board of Adjustment MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, AND ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING ORDINANCE NO. 1458; PROVIDING FOR A NEW CHAPTER, CHAPTER 7, OF TITLE 2 OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, MEETINGS, AND HEARING PROCEDURES OF THE BOARD OF ADJUSTMENT, AND RIGHT TO APPEAL; REPEALING TITLE 9, CHAPTER 1, SECTION 17 OF THE MERIDIAN CITY CODE REGARDING THE BOARD OF APPRAISERS AND REPLACING WITH A NEW TITLE 9, CHAPTER 1, SECTION 17, RELATING TO DISPUTE RESOLUTION; AMENDING TITLE 9, CHAPTER 1, SECTION 19, RELATING TO ESTABLISHMENT OF METER INSTALLATION FEES; AMENDING TITLE 9, CHAPTER 1, SECTION 21, RELATING TO TERMINATION OF SERVICE, NOTICE, AND RIGHT TO HEARING; AMENDING TITLE 9, CHAPTER 2, SECTION 1-4 OF THE MERIDIAN CITY CODE, RELATING TO DEFINI'T'IONS; REPEALING TITLE 9, CHAPTER 2, SECTION 3-7 OF THE MERIDIAN CITY CODE REGARDING APPEALS OF WASTEWATER DISCHARGE PERMITS BEFORE THE BOARD OF APPRAISERS AND REPLACING WITH A NEW TITLE 9, CHAPTER 2, SECTION 3-7, RELATING TO APPEALS OF WASTEWATER DISCHARGE PERMITS BEFORE THE BOARD OF ADJUSTMENT; REPEALING TITLE 9, CHAPTER 4, SECTION 24 OF THE MERIDIAN CITY CODE, RELATING TO THE BOARD OF APPRAISERS; REPEALING TITLE 9, CHAPTER 4, SECTION 21 OF THE MERIDIAN CITY CODE REGARDING SEWER CHARGE APPRAISAL AND REPLACING WITH A NEW TITLE 9, CHAPTER 4, SECTION 21, RELATING TO SEWER CHARGE APPRAISAL BEFORE THE BOARD OF ADJUSTMENT; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Ordinance No. 10-1.458, on September 28, 2010, approved the establishment of a Board of Adjustment; and WHEREAS, the City Council of the City of Meridian, desires to clarify that the establishment, duties and powers, hearing procedures, right to appeal, and dispute resolution function of the Board of Adjustment includes the handling of disputes, objections, appeals, and/or adjustments related to sewer user accounts as well as water user accounts; and WHEREAS, to effect such clarification additional changes to Title 2, Chapter 7 and Title 9, Chapters 1, 2 and 4, are necessary beyond those contained in Ordinance No. 1458; ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 1 OF 15 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That Ordinance No. 1458 is repealed and replaced to read as follows: Section 2: That Title 2, Chapter 7 of the Meridian City Code shall read as follows: Chapter 7 BOARD OF ADJUSTMENT 2-7-1: ESTABLISHMENT: There is hereby established a Board of Adjustment, for the purpose of hearing disputes, objections, appeals, or requested adjustments by an authorized water and/or sewer user related to water and/or sewer user accounts, statements, fees, and/or permits including, but not limited to, non-payment and shut-off of water service, assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by Title 9 of the City Code regarding water and sewer use and service. 2-7-2: DUTIES AND POWERS: A. The Board of Adjustment shall be authorized to: 1. Propose to City Council for approval the rules of procedure for conducting hearings by the Board of Adjustment. 2. Hear and decide disputes, objections, or appeals related to authorized water and/or sewer user accounts; statements, fees, and/or permits including, but not limited to, non-payment and shut-off of water service, assessment fees, connection fees, .wastewater discharge permits, monthly user charges or other fees established by Title 9 of the City Code regarding water and sewer use and service. B. The Board of Adjustment shall not be authorized to accept payment of any monies; the Board shall direct all payments to be made directly to the City Finance Department. 2-7-3: MEMBERSHIP: A. Membership: 1. The Board of Adjustment shall consist of at least three (3) members, but no more than five (5) members. 2. Members of the Board of Adjustment shall be appointed by the Mayor and approved by City Council on a vote of a majority of the City Council members, and Board members may, in like manner, be removed. ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 2 OF 15 3. All members of the Board of Adjustment and the officers thereof shall serve without salary or compensation. The City shall provide the necessary and suitable equipment and supplies to enable the Board to properly transact and attend to its business. B. Qualifications: Members of the Board of Adjustment shall include the Director of the Public Works Department or designee; the City Attorney or designee, and at least one (1) citizen of Meridian, but no more than three (3) citizens. C. Citizen Terms: Citizen members of the Board of Adjustment shall "serve three-year terms. Where two or more citizens are initially appointed to the Board of Adjustment, such citizens' respective terms shall initially include one seat with aone-year term; one seat with atwo-year term; and all remaining citizen seats shall be three-year terms. Citizen members wishing to serve additional terms must submit a letter of interest to the Mayor thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. 2-7-4: ORGANIZATION: The Board of Adjustment shall annually elect one member as Chair. The Board may select and elect such other officers as it deems necessary. 2-7-5: MEETINGS: The Board of Adjustment shall not meet regularly, but shall convene upon scheduling and notice by the City Clerk following receipt of a written Request for Hearing as set forth in this chapter. The Board of Adjustment shall convene to conduct such hearings at 3:00 p.m. on the third Wednesday of the month at the Meridian City Hall, 33 East Broadway, Meridian, Idaho. All meetings of the Board of Adjustment shall be open to the public, and shall comply with Idaho open meeting laws. Additional meetings of the Board of Adjustment maybe scheduled by the Board as necessary to carry out the business of the Board. 2-7-6: HEARING PROCEDURES: A. An authorized water and/or sewer user may request a hearing before the Board of Adjustment regarding any dispute, appeal, or objection related to such authorized water and/or sewer user's account, statement, and/or permit including, but not limited to, non- payment and shut-off of water service (pre-termination hearing), assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by Title 9 of the City Code regarding water and sewer use and service by complying in all respects with the procedures set forth in this section. ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 3 OF 15 B. The authorized water and/or sewer user requesting a hearing before the Board of Adjustment (hereinafter "Hearant") shall submit a written Request for Hearing to the City Clerk. Such Request for Hearing shall include Hearant's name, mailing address, telephone number, a-mail address, and water or sewer account number and address; names and contact information of other interested or involved parties; and a description of the matter(s) to be brought before and considered by the Board of Adjustment. C. Upon receipt of a complete Request for Hearing, the City Clerk shall schedule the matter for hearing at the next meeting of the Board of Adjustment, except that a Request for Hearing that is received after 3:00 p.m. on the second Wednesday of the month shall not be heard until the third Wednesday of the following month. Within two (2) working days of scheduling the hearing, the City Clerk shall mail notice thereof to the Hearant and to all known interested or involved parties in addition to the general notice provisions of Idaho open meeting laws. D. On the date and time duly noticed for hearing, the Board of Adjustment shall conduct a fair and impartial hearing on the matter brought by Hearant. Hearant shall be afforded the opportunity to confront witnesses, to present credible evidence, to personally appear and be represented and/or accompanied by an advisor or other legal representative, to be judged on facts adduced at the hearing, and to otherwise be heard on the matter before the Board of Adjustment. E. The Board of Adjustment shall maintain a record of all hearings conducted and actions taken. F. The Board of Adjustment shall provide Hearant with an oral decision at the conclusion of the hearing, which decision shall include the Board of Adjustment's general findings of fact and conclusions of law in support of its decision. The Board shall declare the payment of any m©ney deemed owed to the City due and payable to the City Finance Department immediately or by a date certain, as appropriate. The Board shall also verbally and on the record inform the Hearant of his or her right to appeal the Board's decision to the City Council. G. The Board of Adjustment shall prepare a written decision including its findings of fact and conclusions.of law. The Chair shall mail the written decision to Hearant within two (2) working days of the conclusion of the hearing. 2-7-7: RIGHT TO APPEAL: A. A limited right of appeal to the City Council shall be available to a Hearant who receives an adverse decision by the Board of Adjustment and complies in all respects with the procedures set forth in this section. B. Within three (3) working days of the conclusion of the hearing before the Board of Adjustment, the Hearant shall file with the City Clerk: ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 4 OF 15 1. A written Notice of Appeal, including Hearant's name, mailing address, telephone number, a-mail address, and water or sewer account number and address; names and contact information of other interested or involved parties; and a statement of the basis for the appeal, including specific objections to the Board of Adjustment's findings of fact and/or conclusions of law; and 2. A cash or check deposit in the amount determined by the Board of Adjustment to be due and payable. C. Upon timely receipt of a complete Notice of Appeal, the City Clerlc shall schedule the appeal for hearing before the City Council within thirty (30) calendar days. The City Clerk shall provide notice of such hearing to the Hearant and to all known interested or involved parties. D. On the date and time duly noticed for hearing before City Council, each party may make a brief statement to City Council. No new evidence shall be presented; City Council shall decide the matter upon consideration of the record of hearing before the Board of Adjustment. E. City Council may affirm, overturn, or modify the decision of the Board of Adjustment. City Council shall overturn or modify the decision of the Board'`of Adjustment only where the Board's findings of fact are not based upon substantial evidence or the conclusions of law are erroneous. City Council may order that Hearant's deposit be forfeited to City or refunded less any adjustments. City Council may order that the payment of any additional money deemed owed to the City be due and payable to the City Finance Department by a date certain. The decision of the City Council shall be final. Section 3: That Title 9, Chapter 1, Section 17 of the Meridian City Code is repealed, and shall be replaced with language to read as follows: 9-1-17: DISPUTE RESOLUTION; BOARD OF ADJUSTMENT: The Board of Adjustment, as established in Title 2, Chapter 7 of the City Code, shall be delegated the duty of hearing disputes, objections, appeals, or requested adjustments by an authorized water and/or sewer user related to water and/or sewer user accounts, statements, fees, and/or permits including, but not limited to, non-payment and shut-off of water service (pre-termination hearing), assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by Title 9 of the City Code regarding water and sewer use and service. The Board of Adjustment shall conduct hearings according to the procedures set forth in Title 2, Chapter 7 of the City Code. Section 4. That Title 9, Chapter 1, Section 19 of the Meridian City Code shall be amended to read as follows: ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 5 OF 15 9-1-19: MONTHLY RATES: A. User Fees: All owners who receive or have the right to receive the benefit of the municipal water system shall, in return for said benefit, pay monthly user fees as established by resolution of the city council. The monthly user fee shall be based on the amount of water used and the amount of fire and health protection provided by the municipal water supply system. 2. Monthly fixed cost fees and user fees shall be established by resolution of the city council. Each owner will pay a monthly user fee based on the quantity of water used. Each owner shall pay, as full compensation for the benefits derived from the municipal water supply system, the fees as established by resolution of the city council. Should an owner request a city water service line to be disconnected, for any reason, there shall be no fee paid to the city. However, the owner must request the city to place the line back in service. There will be a charge as established by resolution of the city council associated with the reactivation of the existing service line. All monthly water rates will be charged against the property for which the city water service line is installed. The owner of record is liable for that amount, which must be paid before the water service is resumed. In the event an owner leaves an unclaimed balance in his account, that amount shall be kept for six (6) months after which time it shall revert to the enterprise fund of the city. B. Fees For Water Use: 1. The fees for water use shall be as established by resolution of the city council. 2. In case a water meter fails to register correctly the water used, the owner shall pay for the water on the basis of the average reading of the meter for the previous three (3) months. Water meter installation fees shall be as follows: a. For all meters installed, the fee shall be set by resolution of the city council ~e b ~ ~~sers. All installed meters shall be property of the city. b. Meter adapter and radio read transmitter units fees as established by resolution of the city council. C. Private Fire Service: 1. Available only on flat rate when used for fire protection only; owner to install all lines to the city mains at their expense. All connections to be supervised by the city and to conform to city requirements and the uniform plumbing code. The flat rate fees shall be as established by resolution of the city council. ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 6 OF 15 2. All private fire service lines shall be equipped with sealed gate valve or thermal automatic openings. 3. Private fire service lines shall be used for fire control only. Any other use is unlawful. D. Number Of Equivalent Residential Units Per Use: Assessment fees for new water users, other than single-family residential, shall be based on the number of equivalent residential units (ERUs) listed in table 3 of this section, unless other acceptable means of determining ERUs are used. Other acceptable means may include the uniform plumbing code "fixture unit" method or examination and analysis of historical consumption records of similar facilities within or outside the city of Meridian. TABLE 3 EQUIVALENT RESIDENTIAL UNITS - - ; ----- Number Of Classification ERUs Minimum ERUs Apartment ~ See Multiple living unit Bank --- - ~ Z ------ Bar ___ ~ 2 _ Barbershop, per chair 0.5 ~ 1.0 Beauty salon, per operator station 0.5 1.0 Bowling alley, per lane 0.2 1.0 Cafe, per customer seating capacity -- - 0.1 2.0 ~ Car dealer 2 Car wash (to be computed on an individual basis) - Church Club, private 2 Condominium See Multiple living unit ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 7 OF 15 Dentist, per practitioner r~__ I 1 Department store, per 3,000 square feet 1 Doctor, per practitioner 1 Drugstore 2 Dry cleaners Duplex -~ See Multiple living unit r r-------- ---- Fourplex ~ See Multiple living unit ------ .~ ____~ .~_ r __._---~ _____ ~___~_____ Garage 2 Grocery store ~ ~ See Retail food store Hospital, per bed ~ 0.15 E Industry: ---- --_____ .__ ~__-___ r __~ Major contributing industry (as per separate agreement) r---_ _ ~ - Minor contributing industry (as per separate agreement) - Laundries: Commercial (to be computed on an individual basis) - Self-service: Up to and including ] 0 washing machines Each washing machine in excess of 10 4 0.25 Lodge or private club 2 Mobile home court or park: First space 1 Each additional space, long term tenant type 1 ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 8 OF 15 Each additional space, short term tenant type I 1 Mobile home or trailer house on own premises 1 Motel, hotel, rooming house, etc.: With cooking facilities: First unit 1 Each additional unit 0.5 Without cooking facilities: First unit 1 Each additional unit ~ 0,25 r- - __ i Multiple living unit: ~ Studio or 1 bedroom ! 1 2 bedrooms ___ T ~1 3 or more bedrooms __ ~ 1 Office building, for each 2,500 square feet of ~~~- gross floor space or fraction thereof i Photo development lab 2 Railroad depot --~- --- ----- ----------- 2 r Restaurant, per customer seating capacity 0.1 2.0 Retail food store, for each 1,500 square feet of 1 gross floor area or fraction thereof ------- Retail store, for each 3,000 square feet of gross 1 floor area or fraction thereof Schools, per each 50 students in average daily 1 attendance or fraction thereof Service station: Full service 4 Gas and restroom service only 2 ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 9 OF 15 With car wash (to be computed on an individual basis) - Single-family residence 1 Swimming pool: Private, for each 500 square feet of pool water surface area 0.25 Public (to be computed on an individual basis) r--- ---- Tavern ~ 2 Theater ' 2 ~.._ ___ Townhouse ~ 1 i Trailer court or park: --- r- First unit ~ ~ Each additional space, long term tenant type 0.75 i Each additional space, short term tenant type ( ----- ------ ---- 0.5 r ( Triplex ~ ~ See Multiple living unit ~--- -- Variety store, for each 3,000 square feet of gross floor area or fraction thereof 1 E. Pass-Through Charge To User: The United States environmental protection agency has required the state of Idaho to test drinking water and the state of Idaho through the department of environmental quality, has passed the cost of such testing down to local governmental and private water suppliers. The city must pass the cost of such testing to the water users. Therefore, each water user shall be charged a monthly water assessment of twenty five cents ($0.25) until the department of environmental quality amends or retracts this testing charge. Section 5. That Title 9, Chapter 1, Section 21 shall be amended to read as follows: 9-1-21: DELINQUENCIES; CITY PROCEDURE: ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 10 OF 15 A. Termination of Service; Notice: Each month the municipal utility billing department shall furnish each water user a statement of the amount due for water and sewer and other charges for the preceding month or up to the time that the meter has been read; and if any water user does not pay the billing within fifteen (15) days from the date of the statement, the water user's account shall be delinquent. Water users shall be notified by regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service of this notification on the water user, the right to water shall cease and terminate unless the owner requests apre-termination hearing before the Board of Adjustment. Should the water user not request apre-termination hearing, or if an adverse decision is rendered against the owner after apre-termination hearing, the city may require the owner to pay the delinquent water bill attributable to the use, plus a turnon charge as a condition of resumption of water service, and in the event the water meter has been removed, a fee must be paid as a condition of resumption of water service. No allowance will be made for nonuse for less than one month. All corrections as to the charge and all abatements shall be made under the direction of the Board of Adjustment :::w,;,. {Al a '*-~ ,.,.,,..,.'~ and shall be certified by the chief financial officer. B. Right to Hearing: The city, in its delinquency notice to all water users and owners, shall inform them in writing of their right to apre-termination hearing before the Board of Adjustment in accordance with Title 2 Chapter 7k~ele-w. if apre-termination hearing is requested by any water user, the city will not discontinue water service to any water user prior to a fair and impartial hearing before the Board of Adjustment; after 11 - , - - - - ---- ---- ~ ~ -----.,.. _.., .V Y.,..,V..~.., „~i.,, ,. ~o ~.o„ a a a ~ ~ *~~ - ' ' ' ~ ~' +~' + T~ ~ • }~ VV 11V Ulll 0111[1 C[riZ~ij r[t f( hn~~~ +1,~ •-: ~ : : o;b:~ i - f~ ~~ 'c Qe-o~-a-~e- ~V l~' VV IIIIVZI-~CICTlI ~= cr i . }, , . rr 9 v v Y ''~ ~ i = c ti0 i s 9irz 2~c-crt~vvtxtt~}i~a~l '+ - -" _,_ _„ , rz i r r tYlYP~ city-v 2. Provided, however the city shall not initially deny or discontinue water service to any water user because of any delinquent water bill on that premises that is attributable to the prior owner. However, any and all unpaid water charges shall be alien against the property as provided below. The city may initially deny water service to any water user who requests service at a new location when that water user has a delinquency at any previous location or premises. Provided, further, that the city shall not initially deny water service to any water user for whatever reason without informing the water user of the right to a hearing before the Board of Adjustment city ~v'u'n~on the issue of whether the city can initially deny water services. In the case of an initial denial of water service, the city is not required to provide water service pending a hearing. However, a hearing upon request of a water user initially denied water service shall beheld as expeditiously as possible ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 11 OF 15 and held in the manner and accordance with the procedures for pre-termination hearings before the Board of Adjustment a°'~„°~*°a '- . C. Lien Imposed: Where allowed by law, all delinquent charges or fees, as provided by this section, not paid after the final determination of the delinquent account, shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed; and the city clerk shall, at the time of certifying the city taxes, certify such delinquencies together with all penalties to the tax collector of Ada County, and when so certified, the same shall be a lien upon the property. All monies collected by the clerk under the provisions of this section shall be paid over to the city treasurer in the same manner as is required for the payment of other city monies. D. Security Deposit: Upon application for new service, or upon recoimection for existing service which was terminated for nonpayment, the city may require a water user to pay a deposit in an account to be determined in accordance.,wthpo1icies established by resolution of the city council. Section 6. That Title 9, Chapter 2, Section 1-~4 of the Meridian City Code shall be amended to read as follows: 9-2-1-4: DEFINITIONS: Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. ACT OR "THE ACT": The federal water pollution control act, also known as the clean water act, as amended, 33 USC 1251 et seq. APPLICABLE PRETREATMENT STANDARDS: For any specified pollutant, city of Meridian prohibitive standards, city of Meridian specific pretreatment standards (local limits), or EPA's categorical pretreatment standards (when effective), whichever standard is appropriate or most stringent. APPROVAL AUTHORITY: The regional administrator of the EPA, region 10, Seattle, Washington. AUTHORIZED REPRESENTATIVE OF THE USER: A. If the user is a corporation: 1. The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 12 OF 15 2. The manager of one or more manufacturing, production, or operation facilities, provided, the managers if authorized to make management decisions which govern the operation of the regulated facility including having explicit or implicit duty of making major capital investment recommendations and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedure. B. If the user is a partnership or sole proprietorship: A general partneror proprietor, respectively C. If the user is a federal, state, or local governmental facility: A director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. D. The individuals described in subsections A through C of this definition, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the superintendent or designee. BEST MANAGEMENT PRACTICES OR BMPs: Schedules of activities, prohibitions of practices to implement the prohibitions listed in 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20 C), usually expressed as a concentration (milligrams per liter [mg/1)). BOARD OF ~R~'lbA T-nv Tv ADJUSTMENT: The board constituted pursuant to section 9- 1-17 ofthis title and as established in Title 2 Chapter 7 Section 7. That Title 9, Chapter 2, Section 3-7 of the Meridian City Code is repealed and replaced to read as follows: 9-2-3-7: APPEALS: Any person, including the user, may request a hearing before the Board of Adjustment to appeal a decision by the superintendent or designee relating to wastewater discharge permit applications within thirty (30) days of the denial or issuance of the permit and by ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 13 OF 15 complying in all respects with the procedures set forth in Title 2, Chapter 7 pertaining to the Board of Adjustment. A. Failure to submit a timely Request for Hearing before the Board of Adjustment shall be deemed to be a waiver of the right to appeal. B. In the Request for Hearing, the appealing party (Hearant) must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. D. A limited right of appeal to the City Council shall be available to a Hearant who receives and adverse decision by the Board of Adjustment and complies in all respects with the procedures set forth in Title 2, Chapter 7, Section 7. E. The decision of the City Council shall be f nal. Section 8. That Title 9, Chapter 4, Section 20 of the Meridian City Code is repealed. Section 9. That Title 9, Chapter 4, Section 21 is repealed and replaced to read as follows: 9-4-21: SEWER CHARGE APPRAISAL: If the user or owner disputes a sewer connection fee or monthly user charge, the user or owner may request a hearing before the Board of Adjustment pursuant to the procedures set forth in Title 2, Chapter 7 pertaining to the Board of Adjustment in order that the parcel being subject to sewer connection, charge, periodic user charge, or other fees as provided for in section 9-4-23 of this chapter be appraised and assessed by the Board of Adjustment for the purpose of establishing the equivalent connection rating, the sewer connection charge, the inspection fee, the monthly service charge or other fees to be charged or assessed to and against such property. In making such appraisement and assessment, there shall be taken into consideration the area of land being served and the amount of flow (Q), the biochemical oxygen demand (BOD), the suspended solids (SS) and any other pertinent components of the wastes that the user is contributing to the system so as to establish, as nearly as possible, the rate, charge or fee for each property on the same relative basis as is imposed upon like property and uses within the city that has or will receive the sewer service. This procedure may also be used to determine the initial charges set forth herein or to change or modify the initial charges. Section 10. That all ordinances, resolutions, orders, or parts thereof or in conflict with this Ordinance are hereby voided. ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 14 OF 15 Section 11. That this Ordinance shall be in full force and effect beginning on 2010. PASSED by the City Council of the City of Meridian, Idaho, this day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2010. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee L. Holman, City Clerk ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 15 OF 15 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10- REPEALING AND REPLACING ORDINANCE NO. 10-1458 RELATING TO THE CITY OF MERIDIAN BOARD OF ADJUSTMENT An ordinance of the City of Meridian repealing and replacing Ordinance No. 1458 providing for a new chapter, Chapter 7, of Title 2 of the Meridian City Code, relating to the establishment, duties and powers, membership, organization, meetings, and hearing procedures of the Board of Adjustment and right to appeal; repealing Title 9, Chapter 1, Section 17 of the Meridian City Code regarding the Board of Appraisers and replacing with a new Title 9, Chapter 1, Section 17, relating to dispute resolution, Board of Adjustment; amending Title 9, Chapter 1, Section 19, relating to establishment of meter installation fees; amending Title 9, Chapter 1, Section 21, relating to termination of service, notice, and right to hearing; amending Title 9, Chapter 2, Section 1-4 of the Meridian City Code, relating to definitions; repealing Title 9, Chapter 2, Section 3-7 of the Meridian City Code regarding appeals of wastewater discharge permits before the Board of Appraisers and replacing with a new Title 9, Chapter 2, Section 3-7, relating to appeals of wastewater discharge permits before the Board of Adjustment; repealing Title 9, Chapter 4, Section 20 of the Meridian City Code, relating to the Board of Appraisers; repealing Title 9, Chapter 4, Section 21 of the Meridian City Code regarding sewer charge appraisal and replacing with a new Title 9, Chapter 4, Section 21, relatir;g to sewer charge appraisal before the Board of Adjustment; providing for a savings clause; and providing an effective date. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. City of Meridian Mayor and City Council By:-.:Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO 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 Meridian, Idaho, and has found the same BOARD OF ADJUSTMENT ORDINANCE- SUMMARY 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 BOARD OF ADJUSTMENT ORDINANCE- SUMMARY