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2010-02-09
E I DIAN:-- IDAHO CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, February 09, 2010 at 6:00 PM 1. Roll -Call Attendance O David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance and Flag Ceremony by Boy Scout Troop #1 Veterans of Foreign Wars Post # 113 3. Community Invocation by Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve New Beer and Wine License Application for Don Diego's Restaurant; located at 2951 E. Overland Rd., Suite 190 B. Acceptance Agreement with B. Love for Display of Artwork in Initial Point Gallery C. Task Order #10069 with Murray, Smith & Associates for Water Master Plan (Master Agreement dated June 11, 2007) for an Amount Not -to -Exceed $199,547.00 D. Agreement with Paul Construction for Riprap Repair at Various Flush Station Sites for a Not -to -Exceed Amount of $49,220.00 E. Agreement with ACHD for Transfer of GIS Data F. Final Order of Appeal for Approval: MFP 09-003 Bienville Square Subdivision by Idaho Mutual Trust Located at the West Side of Eagle Road and South of Ustick Road: Request to Modify the Six Foot Decorative Masonry Wall Along the Meridian City Council Meeting Agenda — Tuesday, February 09, 2010 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Western Boundary Approved with the Final Plat Landscaping Plan for Bienville Square Subdivision Vacated 6. Action Items A. Open Public Hearing & Comment Period for Substantial Amendment to PY2008 CDBG Action Plan 7. Department Reports A. Planning Department: Budget Amendment Requesting Spending Authority of $249,947.00 that was Pre -Awarded for Program Year 2009 CDBG Entitlement Approved B. Mayor's Office: Resolution No. 10-711: Appointing Andrew J. Mitzel to the Traffic Safety Commission Approved C. Legal/Human Resources/I.T. Department: Strategic Focus Update D. Parks & Recreation Department: 2010 Fee Schedule E. Parks & Recreation Department: Non -Resident Fee Policy F. Police Department: Budget Amendment Requesting Spending Authority for Justice Assistance Grant (JAG) in the Amount of $165,757.00 Approvea G. Legal Department & Clerks Office: Draft Procedure for Handling Public Records Requests H. Legal Department & Planning Department: Expired Development Agreements Discussion I. Amended onto Agenda: Budget Amendment — Mayor's Office for Economic Development Administrator for $77,737.28 Approved J. Amended onto Agenda: Budget Amendment — Fire Department for EOC Equipment and Labor Costs for $7,500.00 Approved 8. Items Moved From Consent Agenda Adjourned at 7:40 p.m. Meridian City Council Meeting Agenda — Tuesday, February 09, 2010 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting February 9, 2010 A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, February 9, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, President Charlie Rountree, and Brad Hoaglun. Members Absent: David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Matt Ellsworth, Steve Siddoway, Scott Colaianni, Ron Anderson, Kyle Radek, Terry Paternoster, Robert Simison and Dean Willis. Item 1: Roll -call Attendance: Roll call. O David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Thank you for your patience and waiting with us. For the record it is Tuesday, February 9th. It's a few minute after 6:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance and Flag Ceremony by Boy Scout Troop #1 Veterans of Foreign Wars Post # 113 De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we'll be led in the pledge and the posting of the colors by Troop 1 and also the Veterans of Foreign Wars Post 113. So, I will turn it over to our Boy Scouts, Troop No. 1. (Pledge of Allegiance recited.) De Weerd: And just a special notation, Troop No. 1 is the oldest Boy Scout troop in the state of Idaho. It just celebrated it's 90th anniversary. So, congratulations to the boys. I did tell them they didn't look that old. But we appreciate you carrying on a great tradition and our thanks to the years of service that your troop has given this community. You have made a huge difference. So, thank you for joining us this evening. Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight will be led by Pastor Steve Moore. He is with Ten Mile Christian Church. I would invite you to join us in the Meridian City Council February 9, 2010 Page 2 of 34 community invocation or take this as an opportunity for a moment of reflection. Pastor, thank you for joining us. Moore: Dear God, we are blessed to live with you guiding and leading our lives and we are grateful to know that we are not alone. I pray tonight that you would direct the thoughts of these servants in our community, that the ideas they exchange and would stimulate each other, that truth and right and justice would prevail. We are grateful for the service that they give, that they put their lives in a position where they are criticized, and so we pray for courage and insight for them. We pray that this meeting will serve the needs of this community, of this city, God, that we would have our priorities in order, realize that various dimensions of life are all connected, that they intersect. We are grateful for your grace, in the name of Christ I pray, amen. De Weerd: Thank you for joining us, Pastor Steve. It's always nice to see you. Moore: Thank you. Item 4: Adoption of the Agenda. De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Before we adopt the agenda we need to go through a few changes. If we look under the Consent Agenda, number 5-F, final order of repeal for approval, the city attorney wants to make sure all the I's are dotted and T's crossed on that, so we would like to remove that for this evening and we will see that in a future meeting. So, 5-F would be vacated from the agenda. Under item -- under the agenda Item 7, department reports, we want to move up Item F and have it heard right after B. Item F, Police Department budget amendment for the Justice Assistance Grant. And, then, we have two additional budget amendment requests that we will also place following that. The first one would be the economic development administrator request and it's a line transfer in the amount of 71,986 dollars. And also following that one would be the request by the Fire Department for the Emergency Operations Center work equipment and labor cost, not to exceed 7,500 dollars, and, Council Members, you should have copies of those -- both of those. And also under 7-13, that resolution is number 10-711, appointing Mr. Mitzel to the Traffic Safety Commission. So, with that, Madam Mayor, I would move approval of the agenda -- adoption of the agenda. Bird: Second. De Weerd: I have a motion and a second. All those -- I'm song. All those in favor say aye. All ayes. Motion carries. Meridian City Council February 9, 2010 Page 3 of 34 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve New Beer and Wine License Application for Don Diego's Restaurant; located at 2951 E. Overland Rd., Suite 190 B. Acceptance Agreement with B. Love for Display of Artwork in Initial Point Gallery C. Task Order #10069 with Murray, Smith & Associates for Water Master Plan (Master Agreement dated June 11, 2007) for an Amount Not -to -Exceed $199,547.00 D. Agreement with Paul Construction for Riprap Repair at Various Flush Station Sites for a Not -to -Exceed Amount of $49,220.00 E. Agreement with ACHD for Transfer of GIS Data De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor. Under the Consent Agenda, as mentioned earlier, we are removing Item 5-F. And with that I move adoption of the Consent -- move approval of the Consent Agenda. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Robert, if you could get Luke or after your report get some City of Meridian pins, enough so we can give them to the troop, I would appreciate it. Thank you. Item 8: Action Items A. Open Public Hearing & Comment Period for Substantial Amendment to PY2008 CDBG Action Plan De Weerd: Okay. Item 6, under Action Items, we have an open public hearing and comment period for our CDBG. I'll tum it over to Matt. Meridian City Council February 9, 2010 Page 4 of 34 Ellsworth: Thank you, Madam Mayor, Members of the Council. In order to stay in HUD's good graces from a timeliness standpoint and move forward spending funds per -- per timelines as they expect from us, staff approached Council several weeks ago to discuss a couple projects that were not moving forward quite as quickly as we hoped. The direction that Council provided to staff at that time was to begin the process of reallocating some of those funds to other activities that we felt may be able to move forward a little more quickly. This evenings actions do exactly that, they initiate that process to reallocate those funds. The specific beneficiaries of this reallocation include the Meridian Senior Center for public service activities to the tune of 14,795 dollars. The Meridian Food Bank for $18,271.95. The Ada County Housing Authority for 15,000 dollars and Public Works to design some infrastructure replacement in the low, moderate income -- excuse me -- the low, moderate income part of town. The process from here includes a minimum 30 day public comment period and a public hearing. So, presumably, the next available Council meeting during which we could close the public hearing and Council could consider the proposed action is March 23rd. So, that's the tentative timeline looking forward here that will allow enough opportunity to field public comment, for Council to consider that comment, along with the proposed action on March 23rd, should the agenda allow. So, with that I will stand for any questions. De Weerd: Thank you, Matt. Council, any questions? Rountree: I have none. De Weerd: Okay. Is there any member of the public who would like to provide testimony at this time? Okay. This is a 30 -day comment period. We would invite you to submit any comments in writing, if you should have any, and we will just have this on our agenda on March 23rd. Ellsworth: Thank you, Madam Mayor. De Weerd: Thank you. Okay. And I don't need a motion or anything to continue; correct? gimmorel Item 7: Department Reports A. Planning Department: Budget Amendment Requesting Spending Authority of $249,947.00 that was Pre -Awarded for Program Year 2009 CDBG Entitlement De Weerd: Okay. Item 7 under Department Reports, our first department is the Planning Department and so I will tum this back over to Matt. Meridian City Council February 9, 2010 Page 5 of 34 Ellsworth: Thank you, Madam Mayor, Members of the Council. The second item for you this evening was originally very specifically worded on the agenda in order to get the city by -- between right now when we receive the final paperwork from HUD, including a grant agreement and the other necessary paperwork to begin spending for the current CDBG program year 2009, yesterday late in the day I received from HUD the official grant agreement and the paperwork that would allow the city to do so. So, a slightly modified request for you this evening is two fold. On the one hand I'm requesting spending authority in the same amount that was identified on the agenda, that's for 249,947 dollars and the second part of the request before you this evening is that the Mayor go ahead and sign the grant agreement, so we can forward it back to HUD and make it official. Again, the activities that are proposed for use with the 249,947 dollars are outlined in the 2009 CDBG action plan, which HUD approved several months ago. With that I will stand for any questions. De Weerd: Thank you. Questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Has the proposed agreement or the agreement provided by HUD been reviewed by legal? Ellsworth: Sorry, Madam Mayor, Councilman Rountree, can you repeat the question, please? Rountree: Has the agreement you received been reviewed by legal? Ellsworth: Madam Mayor, Members of the Council, Councilman Rountree, I do not believe so. We just received it last evening. It, to my knowledge, has not been received or reviewed by legal. It would be the same paperwork that we received in each of the previous CDBG program years, but I'm happy to forward that onto legal for review, if Council would be more comfortable with that way. Rountree: Thank you. De Weerd: Any further questions? Mr. Nary, I guess this is pretty consistent in the paperwork. Do you feel that Council can make action without your review first? Nary: Madam Mayor, Members of the Council, certainly. I mean if it's the same documents we have had year after year. I just don't know that, because I've not reviewed it, but -- and no one on my stuff has. But they generally don't change. I think this is, what, the third or fourth set of these we have had. Third. So, I'm certainly comfortable if you want to go forward. If you'd like us -- if there is no urgency, certainly holding it over to two weeks -- Meridian City Council February 9, 2010 Page 6 of 34 De Weerd: Matt, is there a time element? Ellsworth: I'm sorry, Madam Mayor, could you repeat the question? De Weerd: Is there a time element on approval of this amendment? Ellsworth: Madam Mayor, Members of the Council, not necessarily. I mean there is always the overarching timeliness consideration that you have to keep in mind, but the difference between considering it this week, as opposed to next week, two weeks from now, isn't going to make or break the city on this one. We just wouldn't be able to move forward spending 2009 dollars until we have that signed agreement in hand. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor, I move that we approve the budget amendment request in the amount of 249,947 dollars and that we authorize the Mayor to sign and the Clerk to attest the grant agreement upon the review of legal counsel. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, if you would call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Mayor's Office: Resolution No. 10-711: Appointing Andrew J. Mitzel to the Traffic Safety Commission De Weerd: Thank you, Mr. Rountree. Okay. Item 7-B. Council, in front of you you do have a resolution and a resume for an appointment to our Traffic Safety Commission. Mr. Mitzel feels that he can bring the use perspective to this commission. He's very interested in getting involved in our community and is very anxious to serve as a volunteer for the city in which he lives. If you have any questions I would entertain those at this time. Rountree: I have none. De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Meridian City Council February 9, 2010 Page 7 of 34 Hoaglun: I move approval of resolution number 10-711 appointing Andrew J. Mitzel to the Traffic Safety Commission and for the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. F. Police Department: Budget Amendment Requesting Spending Authority for Justice Assistance Grant (JAG) in the Amount of $165,757.00 De Weerd: Okay. We added two amendments to our agenda at this point after the Police Department. So, I will go to 7-F on our agenda, which is our Police Department. Lieutenant Colaianni. Colaianni: Madam Mayor, Council Members, thank you. What you have in front of you is spending authority to release funds so we can -- this is a JAG grant. I believe the deputy chief and the chief prior to leaving to Quantico briefed you on this. This is JAG grant involves us purchasing alarms for domestic violence victims and burglary suppression and the related software that goes through that. We have the JAG grant to purchase that and what we are looking for is spending authority for the 165,000 -- and my eyes are getting bad -- 757 dollars. I don't need those. I need to take my contacts out. Sorry. So, we can move forward on that. And I will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: None. De Weerd: Thank you. I would need a motion. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve the budget amendment for the Justice Assistance Grant in the amount of 165,757 dollars. Hoaglun: Second. Meridian City Council February 9, 2010 Page 8 of 34 De Weerd: I have a motion and a second. Any discussion? Seeing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. I. Amended onto Agenda: Budget Amendment- Mayor's Office for Economic Development Administrator for $77,737.28 De Weerd: Okay. The next item was added to the agenda for the economic development administrator. We will tum this over to Robert. Simison: Madam Mayor, Members of the Council, what we have before you tonight is a budget amendment that would enable the city to hire a full-time economic development administrator. We have closed out our contract with the previous contractor, so there is no further expenses coming through from his side and this is a switch primarily from operating expenses to personnel expenses for this position. A candidate has been selected and offered the position contingent upon the approval of this amendment tonight and is scheduled to begin work on March 1st accordingly. And I will stand for any questions if you have any. De Weerd: Thank you, Robert. And Councilman Zaremba was part of the process and he is not here. Council, do you have any questions? Rountree: I have none. De Weerd: Okay. Thank you, Robert. Rountree: Your liaison is not here this evening, Madam Mayor, so I will make a motion. De Weerd: Thank you. Rountree: I move that we approve the budget amendment for the economic development administrator in the amount of 71,986 dollars. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carries. Meridian City Council February 9, 2010 Page 9 of 34 MOTION CARRIED: THREE AYES. ONE ABSENT. J. Amended onto Agenda: Budget Amendment Fire Department for EOC Equipment and Labor Costs for $7,500.00 De Weerd: Okay. The next is a budget amendment on the EOC equipment and labor costs. Mr. -- or chief. Sorry. Anderson: Madam Mayor, Council, Deputy Chief Niemeyer was going to present this, but we thought this was going to be closer to the end of the agenda, so I let him go home to be with his family and I will present this. What this is -- this is for some costs that were associated with the upgrades to the city's EOC, Emergency Operation Center, which is located at Fire Station One. If you will recall we were the recipients of a 165,000 dollar homeland security grant that paid for upgrades in audio and visual equipment and teleconferencing in that EOC. What the grant wouldn't pay for -- it wouldn't pay for any electrical work or phone work, it was just for equipment. So, we have -- had to have an electrician come out, move some outlets, move some conduit, we had to have some phone work done and, then, additionally there are three DVD recorder tuners that need to go in the cabinet over there and, then, we also need a mount for a display. And, then, we have one other additional item and that goes in that command trailer that we purchased last year. At the time that was installed the television stations were still transmitting in an analog mode and now they have switched to digital, so we are asking for an antenna to switch that to digital, so that the total cost of this is the 7,500 dollars. It's a little bit less than that, 7,488, but we are asking for a not to exceed 7,500 dollar budget amendment that would come from fund balance. De Weerd: Council, any questions for Chief Anderson? I see a signature by the Council liaison. Bird: I -- this should have been taken care of under the other liaison, but somebody dropped the ball. I move that we approve the budget amendment for 7,500 dollars. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Seeing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carnes. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Legal Human Resources/I.T. Department: Strategic Focus Update Meridian City Council February 9, 2010 Page 10 of 34 De Weerd: item 7-C is our Legal, Human Resources, IT Department. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. We, actually, have two separate presentations tonight as part of our update. We have talked about our strategic update just a few months ago on the different things that our departments are doing and what we decided to focus on tonight is two areas more specifically. One is the IT section and some of the changes that we have done and some of the advancements and additions we have done to IT and Terry Paternoster, our IT manager, is here and will do that. The other portion we will talk about after that is our training program and Crystal Ritchie, who is our training coordinator, as well as our HR analyst, was to be here tonight, she had some family commitments and so she isn't able to be here, so when we get to that I will do that presentation for you. But, first, I'll tum it over to Terry to talk a little bit about IT and what we have been doing. Paternoster: Madam Mayor, Members of the Council, thank you for this opportunity to come before you tonight to discuss some of the strategic update and just giving this to talk about some initiatives we have going on within the IT department. The plan tonight is to, basically, just talk about these initiatives, give you a really high level view, otherwise, we could be here all night, and, then, take any questions at the end. The first thing I just wanted to talk about is just, basically, give you the organizational structure of the IT department. Things have changed considerably over the past seven years that we have had an IT department within the city. As you can see, we have, basically, had the IT department and inside that we, basically, have two different sections that we have divided out, basically, with application development and, then, also with system services. The application development is really more of software, implementation type services, and system services is more taking care of hardware, network, and wiring. You know -- and one thing I want to just say about this is that, you know, I just present this before you tonight, because I think that it's critical, you know, just to give recognition to the people who are listed here, because I think that a lot of our past successes and definitely our future successes are dependent upon the people who we have hired and we think we have done a really good job. Moving forward -- oh why didn't -- let me see. Forward. Canning: Maybe if I could help you out. Paternoster: Okay. Anderson: Want me to get somebody from IT to come help you? Paternoster: Yeah. If you could do that for me. Okay. Oh, I got my little pen. Thanks. The first item that I really wanted to address with you is just our land management software, which is, basically, the enhancement that we did a couple of years ago regarding consolidating some of the city-wide services and data bases into a system. We -- I have called that land management, because that seems to be the -- the catch phrase that's used by a lot of the software vendors today. And, you know, starting with that, I just want to, you know, recognize at the top that, you know, we have hired a new Meridian City Council February 9, 2010 Page 11 of 34 individual to take on this role to help lead us to our next step and that's Scott Nicholson and Scott was kind enough to come tonight and be here for this presentation. You know -- and I believe that Scott, you know, really is playing an integral roll in are success with this application. You know, at this point, you know, you have the funding and now we have the person and so what we are -- our strategy is with this particular enhancement -- and it is to work with the departments to explore and understand their needs, so that as we go forward with writing out the RFP, that we make sure that the critical needs are identified and assessed and weighted properly in the process. You know, throughout this analysis we believe there is several different software packages available today on the market that will meet our needs and are confident that will move forward. We do plan that, you know, sometime early mid spring we will have an RFP on the street, so that, hopefully, this fiscal year we will actually have a product purchased and implementation started. The next system that I wanted to talk about, the strategic initiative, is our Hansen system, which many of you know is used to manage the assets out at the wastewater plant and it's currently also going under some configuration for the water department. Basically, the approach that's being taken there is to -- they went out with RFP a couple months back and have contracted out to get services to come in and train them on how to implement that system and how to configure it. They recently just finished the configuration training last week and so at this point they are matching up the processes that they have identified in-house with the configuration, so that they can start implementing this project and moving forward with some testing. From talking with Cathy just this morning -- Cathy Buttars, who is leading that process, is she says it's going well and that they look forward to, you know, getting the product working. Going on from that, you know, one of the key pieces that's come to our attention and one of the strategic initiatives that we have taken on is, you know, regarding GIS. GIS has been a hot topic for the city for several years and it has largely been utilized by our Public Works and Planning Department. Upon, you know, some recent departure of some staff within the GIS about six months ago, IT sat down with Public Works and had some discussions about maybe how we could lead this to the next level and, really, what would be best to meet the city's needs going forward, not just for Public Works, but also for the city. During those discussions we came to some mutual conclusions that it made a lot of sense, given the directions that Public Works was heading and some of the things with a new position that had been approved with IT, that it would make a lot of sense to move some of those GIS functions out of Public Works and really take more of a central citywide roll with those -- those functions, especially some of the development. So, with the position that you guys -- that you guys had approved for us last year, we decided that one of the things that we would go out and do is instead of just hiring for someone with a development background, we would also look for someone with GIS background. We were fortunate enough to find an individual who had 15 years of background in GIS, but was largely looking to get into more of a development role, which happened to meet what we were seeking at the time. Rob Zosnowski -- I put his picture up there, so you could see him. He was hoping to come tonight, but due to some family issues he was unable to attend -- is leading that venture for us and, really, what the goal with this particular task -- GIS is really the core infrastructure that not only affects, you know, GIS in Public Works and Planning, but it's also the core technology that really is tied to our land management system and to our Meridian City Council February 9, 2010 Page 12 of 34 asset management system and so, really, what Rob's been tasked with doing what our focus is with our GIS, is to upgrade us to the latest GIS technology, which is tied to an amendment which was done -- or an enhancement which done last fiscal year for this year, is for our GIS server, which is more of an enterprise technology, using that technology it integrates in with the land management system and with the Hansen system that's already been acquired. Some of the other things that we think are critical to our success with moving GIS forward is to educate departments -- clearly Public Works and Planning have a good understanding of what GIS lends, but a lot of the other departments don't really recognize or don't understand some of the value that the GIS can bring to their projects and so our goal is to form a citywide committee, get individuals on there, and, then, to move forward by education, training, and assisting departments and to try to get some early wins by trying to pick off some low hanging fruit, so that we can have some early successes to really move forward. The next system is our police incident tracking system. A few years ago the police department had moved to recording audio when they go out on incidents and so, basically, if you're pulled over they have audio recorders that are recording the conversation and they use this oftentimes for cases and when people come back and, you know, just have questions about how a certain incident was handled. We had a case for a couple of years and one of the issues was is they were looking for a better way to manage these audio files. One of the things that came to our attention when we started to do some analysis on how we could best implement this type of system was that there was a lot of data redundancy happening at the police department, where, basically, an officer would go off into the field, he would write up something, come back, manually enter that again, come back a third time, they would scan it into records and, then, enter it again and so there was a lot of redundancy in work. As we started to analyze that system, you know, Mike Tanner, who is our senior developer for the city, said, you know, there is a lot of improvements that could be made here through just a little bit more effort than what it's really going to take for putting in an audio tracking system and, you know, I'm really proud of Mike and just the efforts that he's taken, because he's done an excellent job of trying to identify some areas where some efficiencies can be gained. The Police Department will attest we have already shown them mini mock-ups of a product and some of the development's been done and they are really excited, because they recognize the value that this product is going to have for their department, not only for, you know, going out in the field and recording information and saving staff time, but also working with the prosecutors and making sure that information is tracked and is recorded from, basically, the life to the death of the incident. Not only has this product, you know, gained, you know, interest from the city and from our own police department, but the county and the city of Boise have also been very very interested in this product, just because of the high scale level of the application that's been developed and have recognized that they are using some of the same old systems that we are and that this could just save hundreds and hundreds of hours per year through this application and I guess my goal for tonight is just to kind of make you aware of, you know, the effort that is going. We expect this application will be released sometime in the next month. Right now we are undergoing testing and so we are really proud of this particular product. De Weerd: Can we sell it to them? Meridian City Council February 9, 2010 Page 13 of 34 Paternoster: That is definitely up to the city. You know, I guess on that line, you know, with the police department, you know, we could sell it them and maybe if that's what the city wants to do, it's well within our -- our prerogative, I think, but, you know, a lot of the applications that we have used in the past the city has been the beneficiary of development that's been done by Boise and Ada County and there is mutual cooperation and so I definitely think that -- De Weerd: You don't need to take everything I say serious. Paternoster: Okay. All right. Thank you, Madam Mayor. The last item that I was asked -- De Weerd: Just looking to make a profit. Paternoster: Hey, you know, if we could tum us into a -- you know, get us out of the General Fund, you know, and -- we would be glad to be enterprise, so -- the last item that I had is the capital improvement plan. I have been working with the Finance Department and definitely at the Mayor's urging have been eager to try to put together a capital improvement plan to identify some of the expenditures that the IT Department plans on and things are probable will happen sometime in the next five years. I have talked to the Finance Department and although many of these items on here are capital type items, one of the goals that I had was to try to put together an overall budget of exactly what are some of these expenses that we have within the IT Department. A lot of them are software related and so they will still continue to come through as enhancements moving forward, rather than just as capital improvements, because they really are more operating expenses, but I thought it was good for you, the Council and for Madam Mayor, to be able to see some of the expenses we have. One of the big ones on here -- and highlighted it in red, is our fiber network and one of the needs that we view is critical to moving the city forward is having our own fiber infrastructure. Right now we have been the beneficiary of using some fiber from ACHD, but there are some limitations with utilizing their fiber, i.e., they, basically, can give us how much they want and it's always a tough commodity to come by at times and so there are some ways that maybe we can cut this down through some shared use of ACHD fiber, but there are some limitations with that that we can't always get fiber to some of the locations that we are at, because the core of the ACHD fiber really is around the heart of downtown and doesn't really get out to where the wastewater plant or out to some of the fire stations. I'd stand for any questions. That was my last slide and I'm happy to address anything that you might have or any questions. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council February 9, 2010 Page 14 of 34 Rountree: Terry, on your last slide, your capital improvements, have you done any prioritization or is that just a wish list? Is there priority to the order that's listed there or that just happens to be how they fell out? Paternoster: Madam Mayor, Members of the Council, Councilman Rountree, thank you for your question. This is just, basically, a lot of the expenses that we think that we are going to incur over the next five years. A lot of them, like servers, uninterruptable power supplies, desktop, laptops, router switches, those are already items that we currently request every year as needed for replacement under our current plan. Some of the more wish list items are definitely up in the wireless, the 97,500, and the fiber networks, those are items that we believe are critical to moving the city forward and, really, having more of a consolidated network and shared communication platform. As to like the enterprise system, which is like 200,000 dollars that's already an incurred expense. Once we -- well, not incurred, but budgeted for as part of the enterprise land management system when we move forward that is the expected maintenance cost per year and so those are just normal operating expenses that we plan on. Rountree: Well, just a suggestion for your strategy is to take a look at those things that we think we are going to need in the future and prioritize them- and build a case for phasing them in. Paternoster: Thank you. I will. Hoaglun: Madam Mayor? ®e Weerd: Yes, Mr. Hoaglun. Hoaglun: Question for Terry on -- if you look at the city overall and the various agencies, how are we doing in terms of agencies coming along and going in the same direction, making sure we are using common systems -- I know software can be different, because they have different functions and jobs to do, but at the same time we won't have different platforms, different things where each agency becomes a silo and they grow what they have, but, yet, we can't communicate across those agency boundaries. How are we doing in that respect? Paternoster: Madam Mayor, Members of the Council, Councilman Hoaglun, in my opinion I think we are doing excellent. I mean one of the first -- I mean I think that the city's well -- well above and we do a better job than a lot of the agencies that I see around us and it's not just to be arrogant, I really do think that we have done an excellent job of trying to standardize on platforms that are common. I mean when I first started with the city seven years ago we were using some technologies that were difficult to find staff who could support those technologies and my goal is to phase those out as quickly as possible, because I realize that it was expensive to maintain those technologies and it was even more expensive to find staff who could support those, because it was rather specialized. We had standardized on Microsoft platforms, not only with our systems, but also with our development platforms and we use Meridian City Council February 9, 2010 Page 15 of 34 visualstudio.net. A lot of the integration like with the police incident tracking system, you know, Mike has done an excellent job of making sure that that system not only integrates with how the city operates, but we had tied in with the county systems, with ITD, with ISP, to make sure that it's pulling out those pieces of information to insure that we are using the common technologies that other people today are using to insure that we are not only viable for today, but viable in the future. Hoaglun: Good. Glad to hear that. Thank you. De Weerd: Well -- and I think one thing that our IT Department has done is kept up to date and in tune with what others are doing around us. They have a good communication system in terms of that and we do have a policy as software packages are requested that IT has to have an evaluation of that for exactly that reason. So, we are not creating isolation or silos that we -- we do have a integrated system and they have been very good at pointing out what would work and what might not work and why we shouldn't be making those purchases. Some of our departments get maybe sometimes frustrated with that, but, you know, there is at the end -- at the end of the day -- and Robert will get after me that I said that -- that we have these policies or these steps in place so that we can make sure that we are communicating not only verbally, but through our different tools. We appreciate your report. Thank you for being here and thank you for having faces to those that do our great work and thank you, Mike, for what you're doing. Lary: Madam Mayor, Members of the Council, I do want to take a second, too, to acknowledge Terry. Terry doesn't get noticed very much. I know we usually come up here with their presentation once a year at the budget time. We have lots of information, lots of technology we are trying to get all over the city and I think many times what gets lost is both management of a group of people that are really excellent. I mean out strategy as a city is to be at the forefront of different things, whether it's police, fire, public works, legal, human resources a well, IT is another area that our city is a leader in this area and our local area around. The folks that we have there are excellent and coveted by other people and other entities, because of their excellence and Terry is a great leader of that group and Terry has a great challenge in that, because he has to manage not just the professionals in IT, but he has our award winning internship program that we have had for a number years with the Technical Charter High School, as well as some of the college intems and so Terry has a great challenge daily of managing both teenagers trying to assimilate into the workforce and be part of our work group, as well as our other professionals that are in there and having that vision and that long-term look at things is not the easiest thing and as you all know, a few years ago IT was one person and it was one contracted person and IT was a same day service sort of entity and we are not like that anymore. I mean the service our employees get is immediate, it is responsive, and Terry is a great reason why that occurred and so I wanted to not pass up that opportunity to mention that. As I told you, Crystal had a family obligation that took her away tonight, so I'm going to take over her presentation tonight and, hopefully, just give you a little bit of a snapshot of where we have gone with employee development and training. We met a couple of years ago in Meridian City Council February 9, 2010 Page 16 of 34 the budget and asked for a position for human resources, we felt it was necessary as a city to create a better development program for employees for a variety of reasons and one is local training can be expensive and time consuming. Sometimes sending people out of state for training can be expensive and time consuming and for certain positions it's not very practical to do. But, yes, there is a necessity to make sure that we have some good development of employees, for two primary reasons. One, to give them better skills and abilities in the jobs they perform and to give them the ability to advance into other positions in the city. What you don't want is people -- because we are a very small workforce and still are a small workforce, you have people that perform in positions that may not have a natural position to advance to in the short term. They may be the immediate subordinate supervisor of a department director and unless they are going to be the department director, they may not be able to advance any further or they may not have a position that really is above them, except for the department director, so they may not have something. So, what we didn't want is employees feeling as if they are sort of stuck. They get here, there is no training, there is no opportunity for advancement or skills for them and could we do something in an economical and practical way to provide that opportunity without really increasing our budget greatly. We have had money that -- over the years for training in different areas, could we do that with, basically, trying to do some of it ourself and some of it with outsourcing. So, Crystal Ritchie was hired to do that. She came on board with us just a little bit over a year ago and has done a great job, because Crystal came with both a training background, as well as HR background and so because our HR section is small as well, she's been able to essentially wear a couple of hats. She's been able to help departments in all the HR functions and necessities that we have, hiring, disciplinary issues, employee personnel types of problems, as well as develop this training program. So, again, this training program was implemented to create some tracks for people, both in general employees, supervisor training, as well as executive training, and we created a track system by meeting with the department directors and getting a sense of what exactly people want, as well as surveying employees seeing what they would like to have or what they'd like to see. So, we did the training and stuff and it was Aspiron. Aspiron, as you all know, was our prior contractor that we had. We are no longer under contract with Aspiron. We got the results just a little over a year ago, December of 2008, and we took those results and, then, worked with our departments to be able to create this training program. So, far we have done -- we have identified the categories, so, again, we have general employees, supervisors, executive. We have identified the training categories of needs for the different things and, then, we have identified guidelines. What we wanted to do, again, was to create a track for folks, so they would have some way to see progress and see where they go, what kinds of things they should have in their tool box when you come on board, what should they be taking just to continue in their job and what should they be looking at for different departments if they are wanting some sort of succession planning for different personnel. So, here is just a little -- a little snapshot of how we identify them, the employee categories. Obviously, general employees, they don't have any supervisory responsibilities, they aren't lead workers or anything, but they have individual contribution. So, that's one group of employees that has a certain curriculum that we are developing for them. Supervisory staff, obviously, has supervisory responsibility, team leader on specific Meridian City Council February 9, 2010 Page 17 of 34 projects or a particular work assignment and, then, of course, the executives are the mid to senior level manager, lead supervisors, they have the longer term visionary responsibility, the strategic responsibilities for departments and how do we. again, assist them with that. Training categories. We looked at -- there is a couple of different things that you have to always evaluate. There are things that are necessary from a compliance standpoint. We have to train all employees on issues dealing with sexual harassment, for example. Everyone has to go through that. How we deal in a respectful workplace, which is a different part of that same coin of sexual harassment. There is other things -- customer service that are -- call it mandatory and necessary. Performance management only deals maybe with certain types of personnel supervisory. Leadership, strategic planning, again, for the supervisory personnel, accountability different -- that's for everybody. So, trying to identify the different categories and what's necessary was, again, part of this task that we worked through with the directors. Resources. We have a trainer. Crystal has done a number of trainings so far. We have -- what we did last year, we had taken the funds that we had last year, after we developed the curriculum, we decided we would need some of that curriculum we'd have to purchase, software, we worked with IT to figure out what would make the most sense to us, because some of the training can be done very simply and one of their ideas was to be able to do some of the training simply at your desktop at your desk. Things that could be done online very simply, again, with supervisor's approval, but it's not something that we have to always gather people in one room to train them. We want to find other methods that we could do that. So, we purchased some of the curriculum with our budget money last year about in August and September of last year Crystal had tested a bunch of these different curriculums, which would work, looked at a bunch of other agencies, what types of things they did, all of it was customizable. That was one of the keys we were looking at in training material that it's - - it's very stale to people to look at a training video or training material and it's generic city USA, it's better if you can take that material and put our format in them, our forms, our logo, our policies into the material itself and, then, take the other material that's provided by the vendor and be able to incorporate that training into that. It has much more of a connection to the employees, we think it's a much better way of teaching. So, we purchased some of that curriculum and so this year we have money, then, set aside in our budget that when the necessity is to roll out some of these training courses, Crystal, obviously, can't train everyone on every single topic or has the time, but we can hire trainers to come in and train on one particular subject. We are going to do a subject matter of some sort, whether it's -- again, the one that it always comes back to, because we have to do it so often, is sexual harassment. We can have Crystal train every employee on sexual harassment every year and by year two or three they will be tired of hearing it. It doesn't matter how -- how interesting we can make it, it doesn't matter how dynamic your presentation can be, you just need to hear it a different way in presenting it, you need to hear different voices presenting it, different method, so some of that money that we have set aside for training is for just that very purpose. No knock at Crystal just because she wasn't here. The intent of this program was to work both horizontally and vertically and you will see that in a second. We want to make sure employees can develop in their job, we want to make sure employees have the ability to move ahead in their jobs, whether it's into a different department in the city, whether it's Meridian City Council February 9, 2010 Page 18 of 34 a different function they are going to have in their own department, some of our larger departments, obviously, have greater opportunities, some of our smaller departments may not have the same level of opportunity for advancement, but there is still a necessity that our folks are still trained and valued and that we -- whether it's technology, whether it's something else, whether it's the latest in what the law changes are -- and the clerk's office is a great example. It's a small department, yet the law changes greatly in areas that are their specific need to know, so we want to make sure we can provide the appropriate training that's necessary for them. They can't always rely on AIC or someone else to provide that, so we want to make sure we are responsive to those. Again, as we have talked before, this requires training, things that are required from a compliance standpoint, versus things that are optional, there are things that are going to be more for individual development of the employees and depending on where they are in the organization and how long they have been there and what the director of that department is willing to allow them the opportunity and time to do, we want to make sure that's available for them. This is what we have done to this point. This is just, basically, what Crystal has been able to do in a little less than a year. I would say -- I'm trying to guess -- I wish she was here for this one, but she came on with us in January or so of last year and so I think her first training that she did was probably in March. So, just under a year she's been able to do ten different sessions of respectful workplace, 99 people or employees who participated in that. Customer service, she's had 125 people in eight different sessions. Sexual harassment she's done two of those. So, she's facilitated with another 49 participants in that and the new hire orientation -- we took a different approach on new hire. We -- when I came here new hire orientation I think was done just like it was done probably everywhere else and it was very boring, pretty stale, it was pretty much looking through the handbook, here is the handbook, turn the page, here is the one that says we can terminate you anytime. Here is the one that says when you can take vacation -- very very static type of presentation. And, then, the rest of the presentation was here is hundreds of forms that you have to fill out to be on our medical plan and your dental plan and all of those things. Now, we try to get that information to the employees earlier in the process, so they can think about all that stuff before they come to the orientation. They have a little bit more time, we try to group them together, we try to make it a little more dynamic, we split up the way the presentation is done, we do benefits at a portion of it, we also do -- one of the things that Crystal noticed as one of our new -- when she was a -- as a new employee -- we don't spend enough -- she didn't feel -- we didn't spend enough time educating our employees on what kind of culture and what kind of environment we are. We do think we are unique. We do think we are different in the way we do things, and she felt it was important to make sure people understood that and that we needed to start people from day one that this is who we are. This is who the Mayor and Council is, this is how the departments work, these are how the city works as a whole, this is how we integrate to being a team and team environment that we try to promote. So, we have changed our way of doing orientation and we have found so far that it's been successful, it's -- you know, it's always a work in progress in all of these things, but we think it's been a better way of doing it, people gain a little bit more out of it, we try to give them a little bit better information, at least better edited information, so they make sure it's not just a -- a stream of type and print and text and nothing else, so -- our next steps. Meridian City Council February 9, 2010 Page 19 of 34 What we are doing is finalizing up the program. We should have that done here by I would say in the next week or two, get that back up okay with that and, then, we can, then, start figuring out how do we, then, communicate that to the employees, set up the actual classes, so the employees can start really picking and I don't think -- see if we have a slide for that. We don't. The intent was, like that -- like that table or that slide we had on the table in a box, you can look at a new employee and see over the course of time -- and what we looked at is about an 18 month window that a new employee, if they just came in to work in say utility billing, over the next 18 months we have a certain number of courses that we think make sense for an employee to take to understand their job, understand how the city works, understand how different things go, not just basic orientation, but a variety of the different subjects that would fit on a menu for that. Now, they don't have to take them all, it's not something that's required of folks, it gives them an opportunity. There are things on the leadership side, whether it's the supervisory track or the leadership executive track, that are going to be a little bit -- a few more things that are mandatory. So, every one of the tracks has things that are mandatory and things that are optional to give employees, again, the opportunities for growth. Certainly, obviously, a little bit more -- a little bit broader perspective type of things, strategic things for the executive track, but the intent is to, again, give subject matters to the different sections and, then, again, put it back to the departments. The departments have to -- one of the things the departments were concerned with and we were certainly in agreement with -- we didn't want to make things either so mandatory that you have people going to training more than working and, secondarily, we didn't want to make things so mandatory that it appears that the employees are sort of driving that bus and the reality is the department needs to drive that bus. So, we want to make sure there is opportunities for folks to become better skilled in their job and that as the department can address those needs with them and the department feels that it can fit those into the workplace -- into their workload, they can have them attend these different things. And, again, we are looking at things that are both on site, maybe on the site where they are at, we do a lot of the training -- for example, when Crystal did some training with the fire department a few months ago, she went there to this -- to the fire department to do it, because of the way their work is set up, it doesn't make it practical for them to come here on their off days, pay overtime, and those things, so she went there. Police she's done the same thing. So, those are things that we think are more valuable to the employees to be able to do that, so I wish I could answer more about that specifically, but that's kind of our next step is to get that and you will see that in front of you again and, then, we will start educating the employees as what's available to them and bring that forward. Do you have other questions? De Weerd: Council, any questions? Nary: Great. Thank you. De Weerd: You know, I do think that we should recognize how far the training programs have really progressed. I think that we are covering a lot of ground in things that have been pushed aside, because we didn't have time or the appropriate training opportunities. So, this has definitely helped and having the facility to use as well, Meridian City Council February 9, 2010 Page 20 of 34 because we do use that -- the IT area to do some of that training and enhance that as well. I appreciate your -- your presentation, Bill, if there is no discussion or questions? No? So, Bill, did you have anything further? Nary: No, ma'am. I wanted to just focus on those two things tonight as part of our strategic plan, because I thought those were both things you hadn't heard and some new information and some opportunities for taking forward, so — D. Parks & Recreation Department: 2010 Fee Schedule De Weerd: Okay. Thank you very much. Okay. Our next item under 7-D is our Parks and Recreation Department regarding the 2010 fee schedule. Oh, we did? Okay. We are actually doing the nonresident fee policy first. Siddoway: Yes, ma'am. Thank you for allowing us to reverse the order. We do need to discuss the nonresident fee policy before we adopt the annual Parks and Recreation fee schedule. As you will remember, we were -- we came before Council in November with a discussion about nonresident fees. Took comments. We were directed by Council to go back and develop a program. I would like to introduce to you tonight Garrett White. He has joined our team from Orland, California, at the end of November, as our new recreation coordinator over the sports program. Garrett comes to us with a great background in sports and recreation programming, including experience with nonresident fees. Tonight we do need some Council direction on the nonresident fee policy in order to make this part of our spring softball registration process, if we desire to do so. You do have two proposals as options in your packets tonight and we will present, excuse me, a recommendation on which one we feel will be the -- the best. So, here to present those to you tonight I'd like to welcome Garrett White. White: Thank you. De Weerd: Hi, Garrett. White: Madam Mayor and Council, thank you for having us here tonight. In front of you guys you guys should have option one of the nonresident fees and what this is is a player fee structure based on resident players versus nonresident players. I do have a little bit of background coming from -- or past employment at the city of Folsom, California, and with the city of Orland in California as well. Taking the background on that, asking them kind of how they came up with their nonresident fee structure, talking with the city of Boise and their recreation department and the city of Nampa with their recreation department, they do it all different ways. There is different ways of doing things. So, other than recreating the wheel, we just kind of pieced together what others have done in the past that works good for them. So, option one is the option that we were going to recommend to -- recommend to you. Option one is the player resident fee. The team fees -- well, all the fees based on the program. It will be different for volleyball, for basketball, to softball, depending on, you know, the different prices and the different costs of the program. What the resident player fee and the nonplayer fee Meridian City Council February 9, 2010 Page 21 of 34 would be a fixed rate, I guess, or a fixed fee. For a resident player it would be ten dollars, for a nonresident player it would be 20 dollars. Even with doing all the budgets for each one of our programs, we are still right in the middle, right in the same ballpark as everybody around us -- the recreation departments around us when it comes to fees. We are not the most expensive, but we are, obviously, not the most less expensive around, we are right in the middle. So, the option two would be the team fees and it's just a strict team fee, not -- not strictly a player fee, but the city of Folsom has it as if 60 percent of your team is a resident you're considered a resident team. If 60 percent of you are not resident, you're considered a nonresident team and they base it on that and they collect proof of residency per person per team to proof that and they have the personnel there to go through and check that out. So, we are recommending that we go with the player fee policy of a resident player fee of ten dollars and a nonresident fee of 20 dollars. If you guys have any questions for us. De Weerd: Thank you, Garrett. Any questions from Council? Bird: I have none. Rountree: Madam Mayor, just to clarify that the resident, nonresident fee would be on top of the team fee? White: Yes. Rountree: Okay. Okay. And, Madam Mayor, a follow up. De Weerd: Uh-huh. Rountree: I see there an enforcement activity here. I assume when folks sign up for these they are appraised of the penalty that can be imposed and my question is probably for Mr. Nary. Is that within the authority of the Parks and Recreation Department to enforce that the way they are talking about to suspend players for a given period of time, etcetera? Nary: Madam Mayor, Members of the Council, yeah, if it's -- as long as it's advised to them, I think they already do that now for behavior and I think this is just a different form of behavior. Rountree: Okay. All right. Thanks. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Yeah. I think where we might come into a problem and the'difference -- you'd be suspended unless you make up the difference, so that gives them the hammer. You're going to be suspended, you know, cough up the extra ten bucks and that's a Meridian City Council February 9, 2010 Page 22 of 34 good hammer. But we will find people who think they are residents, because they have a Meridian city address -- well, I live in the city limits, look, my address. And, no, you're outside the city limits itself, but, yes, you're -- you got a Meridian address. So, you may come across that from time to time, but I think with that hammer, just say, look, you know, pay the difference, you're not a resident, and you move on and if they don't want to, at least you have got something to say look -- and if you don't, we do have some teeth there, so I think that works out pretty well. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, maybe to follow up on that, in this policy statement here you may want to state that, that the player may either be suspended or may be required to pay the nonresident fee, so that way you do have that option, because it does seem somewhat onerous to suspend somebody if they only have to pay ten dollars if they would have done it in the first place, but that's up to you, but if you want to provide that, then, we want to make sure it's clear in that statement. Rountree: It's clear. Bird: It's very clear to me. White: Yeah. Basically -- Madam Mayor and Council, basically, what it says is that if we -- if you are caught, basically, lying on your address and what it is, you're automatically suspended for two games. That's to keep people honest, to keep people saying, yeah, okay, we are just going to pay the extra ten dollars for nonresident, you got us, here it is. But there are going to be some of those that do try to get by with the resident fee and this and that and that just — basically, if you are caught with that, you're just automatically two weeks no matter what, two games, that's what it is. Nary: I'm song, the way I was -- I was reading it incorrectly. So, you got it right. That's fine. Rountree: The only other comment I would make is you emphasize that they need to carry this proof of residency. Their phone bill won't prove their residency of the City of Meridian, nor a rental receipt, nor driver's license, or DMV identification. About the only two on there that you could really see that they are paying Meridian property tax or Meridian utilities is utility bill or property tax statement. The rest of them I don't think you're going to have the resources to say, well, they live on XY and Z Green Street to see if that XY and Z Green Street is in the City of Meridian, so I wouldn't give people the false impression that if they cant' their phone bill or their driver's license with them that they are going to be able to demonstrate that they live in the City of Meridian. Bird: Most of the programs that I know of you have to take your utility bill in. Meridian City Council February 9, 2010 Page 23 of 34 Rountree: That's the best. Bird: I know Boise and Nampa is that way. Siddoway: Madam Mayor and Councilman Rountree, we can -- we can certainly do that. We wouldn't be able to use the phone bill to verify in the field, but we would have to -- if that's what they had, we would have to verify the address back at the office. Or we can just take those out and say that they need to provide either a utility bill or a property tax statement as the proof of residency. Rountree: That's the easiest for them and it makes it a whole lot easier for you. De Weerd: Because you don't want to spend a whole lot of staff time on that. Siddoway: Right. And we won't be checking everyone. We talked about this in November. But this gives us the ability to spot check and people know that -- that we intend to and they need to be honest and there is a penalty if they get caught being dishonest. Rountree: Okay. Great. Hoaglun: And just a last comment. It looks like option one is the cleanest way to do all this. It's a lot easier for everybody involved. Siddoway: It's also simpler -- often people will add players to their team. This way if -- under the team policy, if people were to add players after the fact, then, we have to worry about, okay, are they now under the 60 percent threshold and it seemed a lot simpler just ten, 20 dollars with each person. Hoaglun: Yeah. We don't want to go the route of the European basketball leagues and how many American players can you have versus European players and all that good stuff, so -- Siddoway: We used to have a player fee system in our fee schedule. We only recently went to a team fee. This would just be going back to a similar fee schedule that we had just a couple years back. De Weerd: Okay. Anything further from Council? Rountree: I have none. De Weerd: Thank you. E. Parks & Recreation Department: Non -Resident Fee Policy Meridian City Council February 9, 2010 Page 24 of 34 Siddoway: Direction and Garrett will be sending out the registration packets for spring softball hopefully tomorrow. We will include the nonresident player fees in that information. And our next discussion will be a formal adoption of the fee schedule with Collin. White: Thank you. De Weerd: Thank you, Garrett. Moss: Thank you, Madam Mayor, Members of the Council. I am here today to present the department's 2010 fee schedule. On it you will see there is several sections where we -- I already inputed our proposed nonresident fee structure and so I guess with the -- with the new direction we will be looking at all of the -- the shaded areas where -- where I have inputed the new nonresident fees. So, unless there are -- are there any specific questions about the fee schedule for this year? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I did have a question. When I was looking at this earlier, I want to be sure I understood it. If we take basketball, for example, there is a team fee of 595 dollars, that's the existing and, then, you go down to basketball nonresident fee structure proposal, which was the new team of 475, so instead of the 595 we are replacing it with the 475 -- explain to me the difference between the 595 and the 475. 1 guess I was confused between those two. Moss: Sure. Madam Mayor, Members of the Council, Councilman Hoaglun, basically, what this says is the -- formerly when we had the team fee of 595, that was the team fees, the player fees, the USSSA fees, all rolled into one simple fee that we would charge teams when we did away with the player fee system a couple years ago. In going back to the team fee system, now that we have nonresident fees, we are putting the player fees back in there and so, essentially, the resident and the nonresident player fees would, essentially, make up the difference between the team fees. Hoaglun: Okay. That's -- I thought that's what the deal was, but I just wanted to be sure I didn't miss something there, so -- thank you. Rountree: Madam Mayor? Collin, I see -- particularly on the activity classes, that there is a lot of them that are going to be removed. I assume those fees are removed, because you won't be offering those classes. Moss: Madam Mayor, Members of the Council, Councilman Rountree, that's correct. And, to be honest, this is a lot of housecleaning with -- with this particular fee schedule. We have left a few classes in over the last couple of years just in case they came back, but we -- we went through and we kind of identified a lot of classes that we know are not Meridian City Council February 9, 2010 Page 25 of 34 coming back and so we are just removing them from the fee schedule to make it a little cleaner. Rountree: Okay. Very good. Thank you. De Weerd: Okay. Any further questions, Council? Thank you, Collin. Moss: Okay. Thank you. We will -- I will clean this up a little bit, so that it reflects all the new nonresident fee structures and we will have it on the Consent Agenda next week. Nary: You have to advertise it. You have to advertise for two weeks. Siddoway: Right. So, we will work with legal to get the advertising and the resolution and the -- is there an ordinance or is it just a resolution? Nary: It's a resolution. Siddoway: We will get the resolution for the fee schedule and bring it back to Council with that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we are not changing the fees -- and I don't see any fee, other than going down, do we have to -- Rountree: Some of the new ones. Bird: Oh. We have to publish it. Nary: Madam Mayor, Members of the Council, you only have to publish the ones that are changing above five percent. So, you have a few that are changing. You only have to advertise those. The problem is if you only advertise those and not all of them, then, it sometimes gets lost in the shuffle. But you don't have to. You only have to do the ones that exceed five percent and those appear to be, when I was just glancing at it, appears to be activity classes. Moss: Correct. Nary: All the rest aren't changing or are going down? So, you can adopt all of them by resolution after advertising the ones that are required or we can adopt them in two phases. We don't have a meeting for two weeks anyway, so -- Siddoway: Thank you. Meridian City Council February 9, 2010 Page 26 of 34 Moss: Thank you. G. Legal Department & Clerks Office: Draft Procedure for Handling Public Records Requests De Weerd: Thank you. Okay. Item 7-G is our legal department and clerk's office. Mr. Nary. Nary: Madam Mayor, Members of the Council, I'm just going to turn this over to -- just kidding. I threatened Ms. Holman I was just going to turn it over to her. But, actually, the clerk's office handles the public records requests that come into the city from the various sources, other than the police department and the fire department directly. But what we were looking for is you have in your packets a memo from Mrs. Kane from my office in conjunction with the clerk's office on the method of how we want to do this in a more standardized, uniform fashion. And the main reason -- and I know all of you know this -- the main reason is because there is a three day turnaround that's required to respond to public records requests and depending on the nature of the record or trying to acquire the record or review the record in a timely fashion, there is a possibility it could be ten days. What still happens occasionally from folks is that they don't -- and part of this I think is a training issue more than anything, is they get a request from an outside source, it may be citizen -- usually it's a citizen asking for something that doesn't really ring to the person who receives it in the department — and this is a public records request and there is a time limit that we have to respond. There have been occasions where we haven't responded sometimes for ten days or two weeks without even notifying the person and that does violate the statute. Now, again, they haven't gone to court and there hasn't been any ramifications from that, but we want to make sure we train folks as to what's necessary. Police have been doing this for a number of years and, actually, the city of Boise reviews the majority of their requests, they get dozens of daily requests for reports. The fire department gets a fairly significant number of requests and those have a certain different concern, because of HIPAA requirements and what they are requesting and who is requesting it and there are some things that have to be looked at and both the fire department and my office look at those closely before we send those out. But we get dozens of other types of requests, from the press, from the public, from lots of different folks, and we want to make sure we have a standard process. The other thing that you will see in this memo — and I don't want to take a lot of your time tonight -- give you time to review it. What we would like to do is also bring back -- one of the issues that comes up periodically is charging folks and under the law -- what the law says is you can charge people under three conditions, either it takes you more than two hours to find it or retrieve it and review it, or it's more than a hundred pages or you have to redact anything. So, if you have to redact anything, which is usually the most common one, you have to delete something in there, there is a privacy consideration, there is somebody's personal phone number, Social Security number, then, you can charge them for the whole thing. What other agencies have done, because of that, is it's very cumbersome and very time consuming for most agencies to charge people five cents for a document. What we would like to do is Meridian City Council February 9, 2010 Page 27 of 34 establish some cut off -- and our recommendation right now is ten dollars -- that we establish a cut off that until it reaches ten dollars that we are not going to collect the fee back. We already passed the fee schedule with -- in front of you by resolution with the clerk's office over what the charges are for copying, what the personnel charges are for reviewing, but we have found there are occasions where we didn't redact something and all we wanted was three pages. So, they would, in theory, without us setting some cut off, on theory they would redact an item that took us five minutes to locate, but because we redacted it, now they are going to have to pay us 15 cents. It takes more effort to collect 15 cents than it does to collect the money and more time and cost. Also, many times you're going to charge people for something that, in reality, again, didn't take much time, yet they are going to have to incur some costs that are more than just the hard costs, like you could charge people the cost for the CD or a tape or something else like that or mailing. Those are different. So, we'd like -- we'd like to bring this forward as a policy to bring forward for your final approval and also include in that some cut off as to what would be appropriate for charging folks. We do feel that it is -- like I said, there is a point where it does make sense and the public should recoup that cost and there are times where, really, the cost is pretty inconsequential and us processing a 15 cent payment through finance is more time and money than it costs to -- we don't recoup it with 15 cents. Do you have specific questions? I don't know if Mrs. Holman has any additions to add. I think we have done -- we have gone through this with the departments. I think our next step, really, is once it's approved by the Council to, then, do the training to make sure all the folks that get things -- that's what, again, is one of the things that the training piece that's been missing for our organization is people don't realize that we may be the custodian of a public record and their request for somebody, whether it's over the phone or at the counter, qualifies. The other thing in the memo you may see, there are certain things that we also want to train folks that we can just give to people. We don't have to take three days -- and here is a common example, especially in the month of January and February, many people come in and they have proof that they reside at some residence and all they want is a copy of their utility bill for the last year, so they know what they have spent on their water bill. Well, that we can hand over the counter. We really don't need them to fill it out in writing and wait three days until we can print it off and hand it to them. We can give it to them over the counter. So, again, we want to train folks to make sure we can be customer oriented and provide those things that are really simple, they don't require legal review, they can be given to folks very simply, but the other things that do maybe have some legal review necessary, they understand what those are, why we do it, what the requirements are and, then, we can provide it to them in a timely manner. Do you have any questions? Rountree: Bill, there is a point here under oral request for public records -- I think it's on page three -- page two. And one of the bullet points under there it talks about factors that are present, if you can, then, disclose the information. But the third point says no research or analysis is requested or required. Do we have to respond to a public records request that requires research in the sense of creating new information from information we have or analysis of information that we might have or is that the responsibility of the requester? Meridian City Council February 9, 2010 Page 28 of 34 Nary: Madam Mayor, Members of the Council, Council Member Rountree, what was intended by that statement was no analysis by us is required. Rountree: Yes. Nary: That fits the criteria that can be released with or without -- with redaction and that's exactly -- what was intended by that is for things like I want -- I want a copy of my utility bill. Here is my address, here is my driver's license to prove I live there, there is no -- there is no analysis by the MUBs clerk to provide that to them. Rountree: Okay. Nary: But you're right in your other statement, we are not required to create documents for folks and that's been another -- I think a training tool for folks. Sometimes it's easier for some of our departments that are really good working with spreadsheets and Excel spreadsheets and things like that, to create documents and it's been hard to tell them -- most of the time we really don't want to do that -- really, what the law says is you provided the document and they make their own analysis and so we don't really want to be doing that. Not that we don't want to be customer friendly -- and there are occasions that, obviously, we do that when we create financial statements we are creating an analysis document, but we do it for a general purpose and for our purpose and not for an individual's purpose and that's really the difference is we don't want to be customizing reports for every single person who walks in the door, that's not very practical or efficient. Rountree: I would say things have changed in the last three years and apparently they haven't, so that's good. Hoaglun: Mayor. Bill, I kind of remember if we deny them their request, there is the appeal process. What was that appeal process again? Nary: They have 28 days in which to appeal to the district court for that document, for whatever they have requested. So, we retain whatever we -- whatever we found or located and what we provided them and, then, we are, then, required to go to court. The biggest risk -- there is two risks in going to court. One is the statute says that the entity -- if the court deems their denial was unreasonable, then, they are subject to 1,000 dollar fine that, actually, doesn't go to the individual, it actually goes to the court system, but they are also subject to attorney's fees and that, as you can imagine, is way more expensive than 1,000 dollars. So, you do want to be cautious. Most of the time when I have been training I have told folks we want to, as an entity, comply with the law in a timely manner. We recognize as long as you are communicating with the person -- many times that's really all that's necessary. If you tell somebody you want documents that are going to take us 20 hours to review, so I can't give them all to you within three days and I can't maybe get them all done in ten days, do you really want that, because if you do it cost X. Most people understand those kind of things and they may change the request, alter the request, or they may be willing to pay for whatever the document is. Meridian City Council February 9, 2010 Page 29 of 34 We are allowed, under our policy and the statute, to provide people an estimate. We had a recent request for -- what happens many times is people ask for any and all documents regarding Kleiner Park. That's a lot of documents we have. But they may only want something regarding Kleiner Park specifically to one particular phase of it or one particular part of it. So, usually we can talk to folks and say what, exactly, do you want, because you're asking for something that might be thousands of pieces of paper and thousands of e-mails and you're going to pay for it, or do you really want something different. Many times folks figure that out, they understand that they probably asked for it incorrectly, we try to work with them and communicate and, occasionally, people will so, no, I really want all of it, I'll pay for it, and if they do, then, we have to provide it. Questions? What our intention would be is to put this into a policy format and, then, bring it back to you with a resolution for approval, so we can move it forward. Rountree: Do so. Nary: Okay. Thank you. H. Legal Department & Planning Department: Expired Development Agreements Discussion De Weerd: Okay. And 7-H is also legal and planning. So, Bill or Anna, who is taking this? Nary: We can tum this over to Mrs. Holman, I think. No, just kidding. I'd just like to start, Madam Mayor, Members of the Council, there is a -- there is a memo on your packets that Anna prepared and I added one little piece to, but what the start of this discussion was -- and, then, I'll let Anna sort of take it from there -- we have a number of development agreements that are attached to projects that have been approved and we have -- the oldest one I think we have here is 2005. Never been signed, it's not going to be signed, they are not interested in signing it anymore, yet it's still out there. The clerks office track this. Our normal process has been after the Council approves a project that requires a development agreement, the development agreement gets prepared, it gets sent from my office to the clerk's office, the clerk's office sends it out to the applicants, the applicant signs it, sends it back, it comes on your agenda for approval with the appropriate annexation ordinance. For varieties of reasons some of these have lapsed and they have lapsed intentionally by most of them. They are not the applicant any longer. The project's gone away. They, obviously, were thinking of flipping it and it never happened -- anyway, for varieties of reasons. What we felt was two things. You needed to know about it and, then, you needed to help up figure out what to do about it. We -- what I didn't want is that all of you -- and many of you have been here a long time, remember we approved something on that site or that parcel or that location and where is it? And the reality is it's still not annexed and it still hasn't come through, because they have never signed it. So, we felt that it would be appropriate to periodically -- and we, I think, decided that probably once a year made sense, to come back and bring to you all of the agreements that are expired, so that you have a chance to give some direction on what do you want to do with them. The other Meridian City Council February 9, 2010 Page 30 of 34 thing is is in our ordinance it currently says that if you don't sign the development agreement in a year -- or excuse me. You are required to sign it within a year. There is no penalty, there is no provision as to what happens after one year has past. It's our opinion that after the one year has past that the agreement is voidable, which means the city is not obligated to sign it if you don't sign it. But that being the case, there are occasions, like in the current ones that have exceeded a year, that we are still working with the applicant. There is some outstanding issues. They are not -- they haven't gone away, they haven't let it lapse, they really are working on it, but there is reasons that are legitimate why they haven't signed their development agreement and we felt you needed to know that as well. So, our intent was to bring forward this discussion for you and to get your direction on what would you like to see done and maybe this is a good point to turn it over the Anna to tell you kind of how we would bring that process in front of you and, then, what would happen next. Canning: Thank you, Madam Mayor, Members of the Council. What I did was look at each of the projects and try and figure out its status and make a recommendation on whether it could be rescinded, if that's the pleasure of the Council or -- and what the ramifications to the city might be. On the majority of them, I think the project is either done or gone away. That would include Ten Mile Development -- that one was done. Essentially they did everything in the DA, although they never signed it. So, there is really not a need for the development agreement at this point. Cherry Lane Christian Church, Vanelli Springs, Grouse Subdivision, Shaley Estates, Villas at Lochsa Falls, are all projects that have died for one reason or another. The plats are dead and/or the conditional use permits are dead. There is really not any benefit to continuing the development agreement at this point. And they are all residential properties. None of these are commercial properties. There were some where the plat or the conditional use permit was still alive. One of those was Matador Subdivision. This was one of three five acre properties along McMillan. It's right in the middle of those. But the plat is still alive. They did file a time extension, so they may be seeking a new buyer for the project. So, I felt that until the plat expires it would be worthwhile keeping the development agreement alive. Similarly, with Knighthill Center Subdivision, I suspect that they didn't sign the development agreement because it includes a provision to not have access to Eagle Road, but that plat is still alive, so we may want to keep -- to be consistent we may want to keep that development agreement alive as well. And, then, South Ridge Subdivision, the applicant came in for modification to the development agreement to get rid of the mega blocks concept that was in the original South Ridge and to also locate an assisted living facility on the site. That conditional use permit expires in May. I hadn't heard that it had completely gone away, but it may have at this point. I'm not sure. But it would seem prudent to keep that development agreement modification alive, at least until the conditional use permit expires. In that instance we still have a development agreement, this was just a modification to the previous one. De Weerd: Any questions, comments from Council? Bird: Madam Mayor? Meridian City Council February 9, 2010 Page 31 of 34 De Weerd: Mr. Bird. Bird: Anna, with these development agreements not being signed and stuff, we are not -- we are not -- if they come in for building permits and stuff, we are not issuing them, are we? Canning: No. They are not annexed yet, so -- Bird: I know. That's what I mean. They are not annexed or anything, so I -- I wholeheartedly agree with your evaluations of it and stuff and this has always been a sore spot that we have always kind of swept under the rug and it's — you know, we just haven't been able to stay on top of and I like the idea of at least once a year going through all the inactive I'd call them DAs and let's see what we are going to do with them, because a lot of them, like you say, they are going to -- they are not even owned by the original people anymore. They are in -- the bank's got them or somebody -- you know, some mortgage company has got it. So, I think that idea, Bill, is -- I don't know if we have to do it at an ordinance or just a policy, that they should -- all DAs that are not active should be looked at. Nary: What we thought we would do -- in fact, by happenstance of us having this discussion, Councilmember Bird, now, was we thought at the end of the year, basically, we were looking at everything that expired, you know, more than a year ago and that looking at all of those and, then, you know, each year coming back -- and, obviously, the list will get smaller, but in making this analysis and recommending, which is up to you, and, then, basically, if the decision is to go forward with the rescission of that order, then, we can put that on your agenda, you know, a week or two later and, basically, rescind those approvals for that particular project, because, again, nothing's happened, so I mean there is no -- they haven't been annexed yet and what I guess, like I said, more than anything I wanted to do was stop tracking something that is not necessary to track anything longer and occasionally what happens -- and it hasn't ever harmed us, but in reality some of these -- I guess technically they are expired, but since they are not void, someone could sign this DA and come forward today and that may or may not fit the character any longer. It may not -- it may not be appropriate, but yet it's already been approved. Nothing's ever hurt us that way, but that was our other discussion point was, you know, there is probably some logic to just simply getting rid of these that nobody has an interest in signing. We have had a couple of them -- and I don't remember -- I'm assuming they are on here, I don't remember in our discussion which ones they were, but where they had told us we are not going to sign that. We don't like the conditions the Council imposed and we don't want to go forward any longer. Well, if they are not going to go forward, then, they should start over, like anybody else would. The parcel's still in the county and they can just bring it forward like any new application. Bird: Wholeheartedly. So, what's your recommendation on how we take care of it? Nary: We would -- Madam Mayor, Members of the Council, Council Member Bird, what we typically do is if -- basically a motion from the Council to bring forward whatever Meridian City Council February 9, 2010 Page 32 of 34 one's on here -- and, again, you don't have to do it tonight, if you want time to read this recommendation, and bring forward rescission orders on everyone you want us to rescind those approvals and, then, we will prepare that and bring it forward. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That would be my preference is to let us study over and -- it's a -- a couple weeks isn't going to hurt anything. Nary: No. Bird: And, then, bring it back and we can decide what we want to take off or take on. mean keep on or keep off. I appreciate this. Rountree: Madam Mayor? De Weerd: Yes. Rountree: My preference would be very similar to Councilman Bird's, but I would suggest we rescind them all and -- and let the applicants, let the owners, let whoever has got them know we are going to do that and they have 30 days to notify us that they intend to move forward with the project and want to remain, ultimately become part of Meridian, and, then, in those cases we keep them active. But, otherwise, you know, given an opportunity to play the game, but if they are not going to come forth, I don't see any value in -- in wishful thinking that they are going to come some day. They have had their opportunity, even if the plats are -- as you say, still alive, in my opinion, if they have been sitting around that long and they have had to have been extended and the DAs haven't been modified or looked at or they may not even know they have a DA, because it's the third or fourth owner -- let's clean house. Canning: Madam Mayor, Members of the Council, Council Member Rountree, that brings up an interesting question. We didn't put in several 2009 projects that the one year has -- has expired. It's perhaps a flaw, perhaps not, in the code in that a plat approval is good for two years, but the annexation, once Council makes the decision, is only, essentially, good for a year. Would you like us to maybe at least go out to the two year mark, so that we are -- if there was a plat with it -- because I think most people focus on the timing of the plat. They are not quite used to the idea that that development agreement has a timing issue associated with it. Or we can send them to all of them and they can -- all they need to do is write back and tell us they are still interested. Rountree: Madam Mayor, either to Anna or Bill. Is that a state regulation as it relates to planning and zoning activities or is that our ordinance? And if that's our ordinances, I Meridian City Council February 9, 2010 Page 33 of 34 would like to see our ordinances consistent. It seems to me rather odd that we have two years for a plat and one year for a DA -- or annexation. Bird: Yeah. Rountree: They ought to be the same. Bird: I think that's -- Rountree: I mean I don't understand why they are different. Maybe we can talk about that at some point in time. But I would say let's take a look -- this is a good time to take a look at that stuff. Not much is happening in that regard and maybe we need to change that. Canning: I can do that and with your permission I think I'll change -- we have the -- if there is a conditional use permit with a plat, we gave them 18 months, instead of two years. But I think it would make it more consistent if we moved the conditional use permit and made it longer, rather than making the plat shorter. So, again, making everything two years with Mayor and Council's permission I can start a UDC amendment to that effect. Rountree: Consistency would be what I'm after, not necessarily the time. Nary: And, Madam Mayor, Members of the Council, Council Member Rountree, I mean our intent was to notify all of -- any of the ones that we were going to bring back for rescission, send them notice, tell them the Council will be taking this up in 30 days, they have to notify us before that if they, you know, want to -- us to consider it. Something to make sure they are on notice. My fear is for most of these people they are not any of these people anymore, they are not -- the only address or name that we have is somebody who is not even here. But that's okay. I mean that's just the way it is. Rountree: Great. Item 8: Items Moved From Consent Agenda De Weerd: Okay. Thank you. Okay. We are at the end of our agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Before I make a motion to adjourn, remind everybody that Friday, 6:00 o'clock, the technology building, Meridian High School, is the breakfast, am I not right, Brad? Hoaglun: FFA's breakfast. Meridian City Council February 9, 2010 Page 34 of 34 Bird: It is the 12th. FFA's breakfast. The kids do a great job. We need to come out and support them. With that I make a motion to adjourn. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) c201 0 MAYOR MY \De Wg�� P,,,,, DATE APPROVED T: JA CE . HOLMAN, CITY CLERK SEAL 11111 MVI 11111 • • • MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. 5A REQUEST Approve New Beer and Wine License Application for Don Diego's Restaurant; located at 2951 E. Overland Rd., Suite 190 AGENCY COMMENTS CITY CLERK: See Attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. NEW BEERNVINE LICENSE APPLICATION i'C0�7 INTERNAL APPROVAL CHECKLIST W Z31 For Internal - Office: Use Only;. Applicant: Jose Ochoa Business Name: Don Diego's Restaurant Location: 2951 E. Overland, Ste 190 License Type: [X] Beer [X] Wine Liquor — (wine included) Application / File Fee: New Beer Sold $200.00 New Wine $200.00 = $400.00 Receipt No. 17603 Police Department: Police Chief Approva Signature Fire Department: Fire Chief Approval: Signature Plannina Deuartment: 0 Date Date Planning Director Approval: � /�a-g/�� Signature Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the February 2, 2010 City Council Agenda. THANK YOU. 0 MERIDIAN CITY COUNCIL MEETING February 9, 2010 is is APPLICANT ITEM NO. SB REQUEST Acceptance Agreement with B. Love for Display of Artwork in Initial Point Gallery w4l" 4WA CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ACCEPTANCE AGREEMENT: 0 DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement') is made this2-T day of war 2010 (`Tffective Date'), by and between the City of Meridian, a municipal corporation organize der the laws of the State of Idaho ("City'), and B. Love, an individual person whose address is P.O. Box 1343, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.'I WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal'), for the display of artwork in Initial Point Gallery; WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission') reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted I* such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on February 26, 2010, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twelve to twenty (12-20) woodcut prints, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on February 26, 2010 at the direction of the Gallery Curator, shall allow the display of such work in Initial Point Gallery from February 26, 2010 to March 26, 2010 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on March 26, 2010, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INmAL Powr GALLERY DisPLAY PAGE 1 of 6 • H. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work, any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Orator prior to such activity. M. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL Pom GALLERY DISPLAY PAGE 2 of 6 V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. SE. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INrnAL POINT GALLERY DISPLAY PAGE 3 of 6 • B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, properly, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability irmuance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting patty shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT bmiAL Pow GALLERY DISPLAY PAGE 4 of 6 1 ] VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada. County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGRmmmgT l:1 mAL Pow GALLERY MPLAY PAGE 5 of 6 Artist: B. Love P.O. Box 1343 Boise, Idaho 83701 (208) 433-9717 b.morganlove@gmail.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave, Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WAEREOF, the parties hereto have executed this Agreement on the Z� day of &t P, 2010. ARTIST: ___..___ B. Love,/o !.� STATE OF IDAHO ) 1 * PU8�1 .•' O •'" ��/� ss. �A 19�$'•. County of - )u �'�'�• i I HEREBY CERTIFY that on this day ofjNjWj 2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared B. Love, known to me to be th person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and axed my official. s e day and yew in this certificate first above written. / 'A _ CITY OF MERIDIAN: M. Tammy de/Wg&d, Mayor Attest: Jaycee Rolman, City Clerk ACCEPTANCE AGREEMENT INPPIAI, Powr GALLERY DISPLAY Residing at "* (: My Commission Expires: PAGE 6 of 6 L-1 • • Exhibit A Meridian Commission Call for Artists: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space -60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional -quality, ready -to -hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2009 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application ft Acknowledgements form; • Biography of the artist or informational statement regarding organization; Letter of intent; Up to five digital images representational of the artist/organization's work, on a CD; and • $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.meridiancity.org or by a -mail request to mac@meridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 By e-mail: mac@meridiancity.org • Exhibit 6 • • Meridian Commission Application Et Acknowledgments: 2009 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: �i am submitting this form as an individual artist. LSI am submitting this form on behalf of an organization. Artist/Org. Name: 6. 10 J/co Organizer name: E-mail address: 10. Mo 6 4w. a 1. co &V% Mailing Address: o. 13 q 3 3 o Physical Address: 4&4 b ft o ' 2, Phone numbers: Day: tl 33 4 t Evening: K341 _Cell: _ _ N / APPLICATION OVERVIEW: Check one: 17 I/we propose to fill one half of Initial Point Gallery with artwork. `JKI/we propose to fill the entire Initial Point Gallery wi Fl artwork Number of pieces: I?— — ZO Average size of pieces: 2 Z X ata �i APPLICATION MATERIALS: Completed, signed Application Ft Acknowledgements Form Biography of artist or informational statement regarding organization, no longer than one 8% x-11" page; A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. Up to five digital images representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist last name or organization name and the title of the work (e.g.: name.title. jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via e-mail. $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. Wires or eyehooks may not be used for hanging, and clip frames are not allowed. Rehm Hanging v+h one Cable 0 Rahn Hanging with Two c b B. Love P.O. Box 1343 Boise, ID 83701 208-921-1251 bmorganloveftmail com Biography: Benjamin Love is a native Idahoan. He spends his time carving woodblocim planning and executing resident with local schools as a Teaching Artist with the Idaho Commissiion on the Arts, and riding his bike. Love's work is collected and exhibited regionally, nationally, and trr-Pi nationally. Statemelit At times I work from a conception to a piece of work, choosing materiats and subject to accordance with the original idea. in this work the decisions Won the way illuminate and compliment a specific hmuhy. At other times I work intuitively, reca Mxtua kft found materials and tdeos; creating order In a seemingly chaotic word, and thus finding nnmning. The resulting work grows and as it becomes clearer where Ht is noving 1 make decisions both formal and conceptual to aid the piece reach clarity. ROCeet EahlbWoM* • The Sun's House Idaho State University, Transition Galtery Pocatello Idaho, Dnbw 1ak. January 5ei 2008 • Beside Ila Gaping VoidLewls-Clark State Coll"s Center for Arts & tom Lean Iftho, October e- ovvefter 24' 2W8 • Green Door Open Access Pd **along Shidlo jury pnht exhibilion Green Door Gallery • Chartle's Garden% art Deft UK September5�' — 3I�' 2008 Null Arts and Humanities council ChaWs Garden McCall Maho, July 26x° 2008 • 42' Annual !National Drawing & Smog Sculpture Show Del Nlar College Corpus Christi Texas, April O -May a 2008 Print & Publlcaons • 94ands on Learning; Explore. Vol.1 No 1 Winter 20M. • °The Hills Are Alive," The Babe r e 14°t 2008. • "Artists Head For The Hills." The Idaho Statesman. October a 2008. • "Feeling The Love,° The October 8 2008. • -Idaho Sculptor to exhibit his works in Low! bon," The LecntistOn Tribune. p. 3E October 2008. • Bek and Burry Cover Artist, Block and Burn. Vol. 040, Summer 2008. • °Beyond Borders Thirteenth Annual Intestional Art Compe3tltbn," Westem Washington Un ity. VOL 13, June 2008. • 04e Annual National Drawing & Smit Sculpture Show," Del Nor Cope. Vol. 42, May 2008. Selected Coltectlons: • Princeton University Library of Graphic Arts, Princeton, New Jersey • University of Colorado Special CoUec2ion, Boulder, Colorado • Eastern Oregon Univectiy Permanent Collection, La Grande, Oregon • The Poetry Collection, University at BufFalo, Buffalo, New York • UB Print Mem Collection, University at Buffalo, New York • Department of Spell Collections, University of Wl000nsin, fir, WWconsirri • Bode Slate University Ammons Lit M Specht Collection. Bobe, Idaho • B. Love P.O. Box 1343 Boise, ID 83701 208-921-1251 bano�gw1ovv@gmW com a. I would love to show my latest series of woodcut prints in the Initial Point Gallery- The Prints depict images chosen at random from an eady 19x` cetcn3► dictionary. I find the making of language and its mon of meaning an endless source of inspiration I am especially interested in how images are used to proliferate the written language. b. 5-22"0(r $1000 imfiamed 7-30"s $1000 uWhuned 4-15"k22" $500 unfiamed 4-22"x15" $500 unframed $1500 fiamed Woodcut $1500 framed Woodcut $750 firmed. Woodcut $750 fiamed Woodcut C. If awarded an exhibition at the Initial Point Gallery, I plan to send exhibition materials to the Idaho Ste, the Boise Weekly, and the Idaho Press Tn'bnne, and the Idaho Arts Quarterly. I plan to follow up time materials with a telephone call, it is my hope this will lead to positive press for the Meridian Arts Commission, The City of Meridian, Tire Initial Point Gallery, and myself d. The works proposed for the display are framed in museum qualify fumes, and require no maintenance after hanging, and no challenges are foresem beyond the acyl hanging of the woth. LOve.Alr jpg • 0 aeWo W^ LOW.Hmtjpg LOve.IMMdcaftjpg Lavo.Meladic jpg Lav4LSUNN=k" jpg • Exhibit C • ACKNOWLEDGMENTS: I iJ • ` �� . hereby acknowledge the following stipulations and agree that if my/my organization's art work is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. 1 specifically acknowledge that: 8100' A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will WB. WMAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the art work displayed in Initial Point Gallery shall be the sole responsibility of the s rrs�i artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. Q f V ✓ D. While art work displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. / V F. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Art work submitted for display in Initial Point Gallery must be original works conceived and created this application. by the artist (or by artist members of the organization) submitting 8L H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The MW City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and art work meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. 1 do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. r Signature: ` ✓'� Print name:;ey%6thr,-1*h Date: O Q To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Meridian ID 83642 Thank you for your interestl 0 • P-.� • MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. 5C REQUEST Task Order #10069 with Murray, Smith & Associates for Water Master Plan (Master Agreement dated June 11, 2007) for an Amount Not -to -Exceed $199,547.00 AGENCY CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. E IDIAN I--- � Public ID A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, PE DATE: January 26, 2010 Mayor Tammy de Weerd City Coundl Memberse Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER 10069 ACCORDING TO THE MASTER AGREEMENT WITH MURRAY, SMITH & ASSOCIATES DATED JUNE 11, 2007, FOR WATER MASTER PLAN FOR AN AMOUNT NOT TO EXCEED $199,547. RECOMMENDED ACTION ! A. Move to: 1. Approve Task Order 10069 with Murray, Smith and Associates for Water Master Plan for an amount not to exceed $199,547; and 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The last Water Master Plan Update was completed in 2006. Since then the City has experienced high growth rates followed by the current flatter growth rate. Updating our master plan every 5 years allows us to effectively make revisions to growth projections and corresponding adjustments and corrections to system plans. Page 1 of 3 B. Proposed Prgject The proposed project is a complete update of our Water Master Plan including a detailed analysis of our 5 -year Capital Improvement Plan as well as a broader look at our plan for up to 20 years. The master plan will also include topics that have been absent from previous plans such as analysis and discussion of (1) future water supply needs and strategies, (2) maintenance and operations, (3) water rights, and (4) development of a new water model. C. Consultant Selection The consultant, Murray, Smith, and Associates, was selected through a formal Request for Qualifications. The City received several outstanding submittals from well qualified consultants. The proposal from Murray, Smith, and Associates was ranked very high by all reviewers and received the best overall score. IV. IMPACT A. Strategic Im acct: The mission of Public Works is to anticipate, plan and provide exemplary public services and facilities that support the needs of our growing community in an efficient, customer -focused and financially responsible manner. The Water Master Plan update helps us to anticipate and plan in order to achieve that mission. B. Service/Delivery IMp : This project will ensure that the Engineering and Water Divisions are being proactive and strategic in their efforts to deliver outstanding service to our customers now and into the future. C. Fiscal Impact: Project Costs Consultant Agreement $199,547 Project Funding Consulting (Unobligated amount includes funding for $730,000 several other projects) 9 V. ALTERNATIVES Page 2 of 3 A. The City could choose not to update the Water Master Plan at this time. The current 2006 update can continue to provide guidance for facility growth and planning. The 2006 update, however, made assumptions for population growth and associated demand that are diverging from reality further and further every year. This makes it difficult to reference the plan for regulatory purposes. The previous plan also did not include discussions on a number of issues such as future water supply and strategy. Ignoring these issues could prove to be costly in the future. Additionally, the new plan includes the establishment of a new water model. Although our current model is very effective, it was developed in-house and is not supported by any vendors. If we encountered technical problems, it would be difficult to quickly find reasonably priced help to fix them. B. The City could do a scaled down version of the Water Master Plan much like the update of 2006. This would provide a course correction for population, demand, and near term capital improvements. It might cut the cost in half, but it would fall short in several important components, like establishing a new water model, looking at future supply issues and water rights. VI. TIME CONSTRAINTS This project will take 10-12 months to complete. Council's approval of this Task Order will allow the consultant and staff to get the project underway. Completion of an approved Water Master Plan before December, 2010 will allow engineering to incorporate recommendations into the FY 2012 budget cycle. VII. LIST OF ATTACHMENTS A. Task Order 10069 Approved for Council Agenda: Page 3 of 3 Date • • Ll TASK ORDER 10069 WATER MASTER PLAN CITY OF MERIDIAN, IDAHO This Scope is for Professional Services between Murray, Smith & Associates, Inc. (MSA) and the City of Meridian, Idaho (City). This proposal shall be for professional engineering services to develop a Water Master Plan (Plan). This Plan will evaluate the ability of the City's existing infrastructure to meet projected demands and regulatory requirements for the next 20 years. The terms of this work shall be in accordance with the MSA Master Agreement for Professional Services, dated June 11, 2007. Background This project will serve to provide the City with a Department of Environmental Quality (DEQ) approved Plan to specifically address the water system specific section of 58.01.08 of the Idaho Code. This Pian will serve as an update to previous water planning efforts conducted by the City that focused on existing and future supply as well as water quality regulations. It will also include new sections on operations and maintenance, source water protection, conservation, water supply planning as well as design and construction standards. The project will employ workshops to solicit staff input and develop consensus on what alternatives should be selected for future implementation. A 20 year capital improvement plan will be generated at the conclusion of the Plan that will describe the projects in a prioritized order and provide order of magnitude costs, The City has experienced very high growth rates over the past 20 years while the past two years have been relatively flat, illustrating how variable growth can be. The City is committed to updating their water master plan every five or so years which enables them to provide course corrections on the longer term water use and capital improvement projections. The City's goal is to provide a detailed analysis of what is required over the next five years while also having a longer term capital improvements vision. SCOPE OF SERVICES Task I — Project Kick -Off & Management Subtask L 1— Kirk -Off Meeang A kick-off meeting will be held, once notice to proceed has been received, to officially start the project and discuss the details of the approved scope. MSA will lead the kick-off meeting with City Staff to introduce the project team, establish project objectives, review consultant and City communication protocol, discuss the project scope and examine the project schedule. The primary focus of this meeting will be a discussion of the City's goals for the project and DEQ's requirements. City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 Engineers/Planners 1 of 21 r-1 L__J MSA will also discuss the project with local DEQ staff responsible for reviewing the Plan. This meeting will be held to ensure that any particular areas DEQ would like the City to address will be adequately covered Assumptions • Assumes up to a four (4) hour kick-off meeting with the MSA project manager, two (2) task leads and one (1) support staff. Two (2) hours of preparation time is included for the PM and each task lead. • If DEQ staff are not available for the kick-off meeting, MSA will coordinate with them directly. .Deliverables • Action items from the kick-off meeting (delivered electronically) • Summary from DEQ meeting/discussions (delivered electronically) Subtask 1.2 — General Project Management and Meetings The purpose of this task is to provide management of the project team, schedule and budget. Included in this task are monthly invoicing, budget and schedule review, updates, and general administrative tasks. As project manager, David Stangel, will maintain regular communication with the City and the team throughout the duration of the project, lead meeting and workshop discussions, keep the City up-to-date on any study issues or details and make sure the City's input is incorporated into the work product. The project will be managed to maintain the scope, schedule, and budget. At a minimum, updates on project schedule and budget will be provided as part of the monthly invoicing process. Assumptions • Meeting and workshop facilitation will be limited to those specifically identified in this scope of work. • The City will provide clear, concise and timely input and review on the work products produced by the consultant. • Six (b) hours per month have been budgeted for project management and meeting time for the twelve (12) month project duration. • Monthly project status conference calls will be held with the City. It has been assumed that an on-site meeting will be held every other month in lieu of the conference call. • No time will be charged for travel by MSA. Deliverables • Monthly invoices due to the City's project manager each month City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 Engiueers/P fanners 2 of 21 • • Monthly Project Updates — specifically including budget and schedule status Subtask 1.3 — Grant Funding MSA working with Shawn Charters, will provide a high level summary of the available state and federal grant funding options available to the City for their water system. The document will include information on the specific requirements and deadlines for each program. Assumptions • The document produced can be included in the Plan if desired by the City. Deliverables • Technical memorandum summarizing the potential for the City to obtain grant funding. Task 2 Data Collection & Analysis In this task, MSA will review background information already provided by the City and develop a formal data request for any additional information required for completion of the work. MSA will endeavor to limit the number of data requests that are made in an effort to minimize the required City Staff time. In this task, MSA will be responsible for identifying any required additional information and the City will be responsible for the collection and delivery of the requested information. It is anticipated that additional data requests will be made throughout the project, however the majority of the data required will be requested at the beginning of the project. Assumptions • MSA and the City will endeavor to identify and collect required data in a timely manner so as to not impact the project schedule. • MSA will not charge for travel time. Deliverables Formal data request(s) Task 3 — Water System Description In this task, an existing system description will be generated for inclusion in the Plan. Existing information from previous efforts will be leveraged where possible. This task will also include development of a general description of the project area (water system service area) existing conditions. This description will be as required by the DEQ for the development of a Facilities Plan as outlined in Idaho Administrative Procedures Act (IDAPA) 58.01.08. City of Meridian, Idaho MURRAY, SMITii & ASSOCIATES, INC. Water Master Plan January 2010 Engineers/Plaemers 3 of 21 • The System Description is anticipated to include, at a minimum, the following components: • Utility management structure • System background • Service Area and Pressure Zones • Inventory of existing facilities (wells, booster stations, reservoirs, PRVs) • Related plans, interties and service agreements • Existing and future service area Assumptions • The City will provide GIS based information including; aerial photos, parcels, roads, contours, land use and/or zoning, city boundaries, service area boundaries, hydrology, water system features, and other available data for use in this section, as well as for general base mapping for all figures in the Plan. • MSA will endeavor to minimize the information requested from the City to complete this work. All known and readily available existing condition information will be collected and developed into preliminary draft form prior to submittal of a data request to the City. • The project is not scoped to include all the requirements for the DEQ SRF Loan (58..01.20 and 58.01.22) program. Those elements could be added during or after the completion of the Plan per an additional scope of work. Deliverables • A Draft Technical Memorandum (electronic version) System Description will be delivered to the City. Task 4 - Population and Demand Projections The development of future population growth and associated water demand projections is a fundamental building block for determining the City's future needs. Of equal importance is understanding where in the system growth will occur so that infrastructure is adequately sized. In this Task, MSA will work with the City to develop and describe these items. Several pieces of information will be required to successfully project population and demands including: • Current and future service area boundaries • Location based population and employment information • Pressure zone delineation • Historical water usage by customer location City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 Engineers/Plawers 4 of 21 • Historical water production records • 20 year population and employment projections Current population and water production records will be used to determine per capita demands that can then be used for future forecasting. Historical SCADA will be used to determine the appropriate peak day and peak hour factors that should be used. The City has recently undertaken an aggressive reuse program at the wastewater treatment facility. This in conjunction with the more formalized conservation planning that is currently being undertaken may reduce the amount of water consumed by each customer in the future from an annual average as well as peak perspective. MSA would propose to develop two (2) different water use growth rates for the next 20 years. This would include a growth rate assuming per capita water use rates do not change significantly from those seen today and a second that assumes at least a modest reduction due to an active conservation program. This reduction may be in the order of 10 to 20 percent, but more importantly it will provide numbers to evaluate the capital investment impact of trying to actively promote conservation versus staying the current course. The percentage to use will be identified in Task 5 as part of the conservation planning effort. Within the last two years MSA has made population projections for the City using COMPASS information. MSA would propose to utilize this process again unless other City Comprehensive Planning data can be provided. The COMPASS data utilizes traffic analysis zone (TAZ) based data that can be overlayed with the City's service area and pressure zones. It is the intent of the Plan to tie future improvements to population and the related water usage thresholds, not necessarily dates in time. This will enable the City to utilize maximum day demands (MDD) for example, as "trigger points" for determining when new supply or storage should be constructed. Assumptions MSA will utilize COMPASS based planning data unless other information is provided. Five (5) and twenty (20) year projections will be made for population and demand by pressure zone. Deliverables • A Draft Technical Memorandum (electronic version) summarizing the population and demand projections. Task 5 — Water Supply Planning Subtask 5.1— Conservation Plan Development The City currently does not have a formalized conservation plan. This subtask would provide the basis for the development of a conservation plan that could ultimately serve as a City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 Engineers/Planners 5 of 21 stand-alone document. Some of the initial steps required for the development of a conservation plan are already included in the overall Water Master Pian and can be leveraged for use in this subtask. This includes reviewing the existing demand forecast and describing the water system. MSA would propose the conservation plan include the following steps: 1. Identify any existing conservation measures 2. Define conservation potential 3. Identify potential conservation measures 4. Perform cost/benefit analysis 5. Select conservation measures 6. Summarize Phase 1 and longer term conservation goals 7. Document conservation plan MSA would conduct a conservation planning workshop with City staff to discuss existing conservation measures, formal or informal. A large portion of the workshop would be spent discussing potential conservation measures that could be implemented that are specific to the City of Meridian such as; leak detection, source and customer meter maintenance, pressure reduction/management, inclining block rate structures, conversion of neighborhoods or commercial/governmental users to non -potable irrigation, public education programs, appliance rebate/replacement programs, smart irrigation control systems, establishing a City Conservation Coordinator and water conservation ordinances. The City may choose a number of these to evaluate from a cost/benefit perspective for phase 1 implementation. City staff will then take the lead in evaluating and documenting various conservation measures. The City will then prepare information to be used in a second workshop to discuss the findings of the cost/benefit analysis and to make recommendations for which measures should be implemented, which MSA will attend. MSA will make suggestions based on previous experience on the City's conservation planning. The City will prepare a document summarizing the Phase 1 conservation goals and longer term goals will be developed. MSA will review this document and provide any additional recommendations that may be incorporated. Assumptions • The City will take the lead in developing the conservation chapter and will provide a written document in Microsoft Word format that includes all required information. • Two conservation workshops are included in the scope of work The conservation plan will be included as a chapter in the Plan. • No additional council presentations or meetings have been included in the budget for the conservation planning. Deliverables • No specific MSA deliverables are associated with this subtask, City of Meridian, ldWw MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 Engineers/Planners 6 of 21 • Subtask 5.2 Water Rights Analysis The City has a water rights strategy, including a plan for water rights transfers, licensure, new applications, etc. However, per the City's feedback, the strategy is not well documented. The goal of this task is to provide a high level review of existing documentation provided by the City and their hydrogeology consultant. The MSA team will provide a summary document for inclusion in the Plan that will not exceed two (2) pages in length. Other information provided by the City can be included as an appendix to the Plan. Assumptions • Due to the unknown nature of the existing water rights documentation available for review and the length of required interviews and meetings, a nominal effort of twenty (20) subconsulting hours has been included for this effort. If the level of review of the existing documentation is going to exceed the amount budgeted the City will be notified as soon as possible to discuss how to proceed. Deliverables • A document summarizing the City's existing water frights planning efforts and strategy will be provided to the City as part of the overall Water Supply section. Subtask 5.3 — Internes The City has opportunities in a few locations to create emergency interties with adjacent public water purveyors. This would likely provide a two way flow of water under > emergency conditions. The City has existing locations already identified and this subtask would simply provide a review of those locations and document the assumptions associated with their operation. A map including the location of the potential interties would be included in the document. Assumptions • No time has been budgeted to conduct discussions with adjacent purveyors on the details of an interagency agreement regarding the interties. The documentation will simply identify the potential locations and that the City will conduct formal discussions outside the scope of the Plan. Deliverables • A document summarizing the City's potential intertie locations will be provided at part of the overall Water Supply section. Subtask S 4 — Water Supply Workshop MSA will prepare for and conduct a one day workshop focused on the long term water supply options available in the Treasure Valley and specifically the City of Meridian with City staff. The workshop will discuss the potential for the City to remain on groundwater to ultimately serve build -out demands from both a water quality as well as water rights perspective. The workshop will also discuss the potential (from a water rights perspective) of whether surface water from irrigation canals or other surface water sources could be a City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 Engineers/Planners 7 of 21 • viable option in the future. In addition to MSA staff, the discussion will include Dr. David Tuthill, former director of the Idaho Department of Water Resources and an expert in Idaho's adjudication process. Sherrill Doran and Kevin Boggs of CH2M HILL who have recently completed a similar evaluation for the City of Boise and for the Bureau of Reclamation will also participate in the workshop. A legal perspective from the City's water rights attorney will also be provided The workshop is meant to be a high level discussion to assist the City in determining if the development of a secondary water supply strategy beyond groundwater should be considered and studied further. The workshop will primarily leverage local experts that have specific knowledge on the topic and will not rely on any significant Meridian specific analysis prior to the discussion. The workshop proceedings will be summarized in this section and a recommendation from City staff on how they wish to proceed from a long term water supply strategy standpoint will be included. Assumptions • The City's water rights attorney will also attend the water supply workshop and who will bill the City directly for their time. • Any additional analysis requested by the City outside of the workshop will be considered out of scope work and will require separate authorization. Deliverables • A document summarizing the City's short and long term water supply strategy will be provided as part of the overall Water Supply section. Subtask S.S — Water Supply versus Demand An update to recent calculations of water supply versus demand will be calculated on a pressure zone by pressure zone basis for existing, five and twenty year horizons. This will include the evaluation of standby power as well as peak hour demand and maximum day demand plus fire flow compared with available supply. This subtask will also include an updated discussion on the City's policy to serve peak demands and fire flows from wells versus reservoirs and boosters. A meeting will be held with City staff to discuss this issue and decide on a course of action moving forward. A policy of how the City will proceed in the future will be discussed and recommendations made at the conclusion of the section. Assumptions • The format utilized for previous water supply evaluations provided to the City will be used. Deliverables • A document summarizing the City's water supply versus demand will be provided as part of the overall Water Supply section. City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 En*eerwPlanners 8 of 21 Task 6 - System Analysis Task 6 includes analysis of the major components of the City's distribution system other than supply. The analysis will identify deficiencies and improvements associated with system opacity and condition of pumping and storage facilities. Subtask 6.1 — Define Design Standards The design standards applicable to the. City's system and used in the hydraulic analysis will be identified including minimum and maximum pressures, velocity and fire flows. Many of these standards will be based on the IDEQ requirements described in the Idaho Administrative Procedures Act (IDAPA), or if desired, a more conservative standard, set by the City. A discussion that may include the City's fire chief is included in the scope. Assumptions • The design standards agreed upon as part of this subtask will be used to identify hydraulic deficiencies in the hydraulic analysis Deliverables • A document summarizing the City's selected design criteria will be provided to the City. Subtask 6.2 -- Develop Infowater Model MSA will perform a conversion of the City's existing EPANet based hydraulic model to Infowater. This will include but not be limited to pipeline lengths, diameters and C -factors as well as all pertinent facility information for wells, boosters, PRVs and reservoirs. Options for running the model using variable frequency drives (VFD) will also be included. Model elevations will be updated if required. This subtask will also include time to get the model running under steady state conditions using "test" demands. Assumptions • The effort budgeted assumes the model will be created from the existing EPANet model. • It is assumed that the City has selected Infowater for future hydraulic modeling efforts. • No budget has been included for the actual purchase of the modeling software. • Assumes that all information required to construct the model is readily available from City sources in electronic format. • Assumes that all required facility information is available from the existing model or GIS. Deliverables • Complete steady state model with the exception of demands. City ofMeridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water MasW Plan January 2010 EngineersMlanners 9 of 21 • Subtask 6.3 —Demand Allocation Utilizing the City's billing records, a link between model nodes and customer demand will be created. This will be done by creating an x,y location for each customer by geocoding, physical address or parcel centroid. This will be set up so that the City can update demands in the future. Historical production and SCADA records will be obtained for the previous three (3) years and customer demands will be peaked to match average, maximum and peak demands in the model. Flow records for the system PRVs will be used to balance the demand in each pressure zone. Future demands will be allocated based on the work performed in Task 4 by pressure zone for five (5) and twenty (20) year horizons. Assumptions • One of the methods identified above to locate customer demand will be used. • Assumes no field data collection will be required by MSA • Assumes adequate historical SCADA records are available in electronic format. Deliverables • A working steady state model with existing and future demands will be delivered. Subtask 6.4 — Develop Calibration Plan and Review Fire Flow Procedures MSA will develop a proposed calibration plan for collecting pressures and flows at hydrants throughout the system. A technical memorandum will be prepared that documents the location of each proposed test and the procedures use to collect the data. MSA will include up to one day of field time to advise on the procedures used by City field crews. Assumptions • The City will take the lead in collecting pressures and flows in the system including providing all the required equipment. • One day of field time has been included for one (1) MSA staff to assist with the field testing. • The field testing may require up to one week of field time by City crews. • City staff will ensure the SCADA is recording all facilities during the field calibration effort. Deliverables • Technical memorandum detailing the proposed field testing locations and procedures. Subtask 6.5 — Model Calibration MSA will conduct a steady state calibration of the model using the field pressures and flows as well as boundary condition information for all facilities collected by City staff. Based on City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January2010 Eno2eenlPlamers 10 of 21 • the results of the calibration, additional tests may be required to validate model results. Results will be documented in tabular and graphical format for inclusion in the Plan. Assumptions • The City will provide a tabular summary of all the fire flow tests that will include, date, time, location of tests and results of both the static and fire flow conditions. • The City will provide SCADA information for all facilities in an electronic format for the time of the field testing in adequate time resolution (i.e. 1 to 5 minute). • Accuracy of the calibration will be targeted at 5 psi difference for static tests and 10 psi difference for fire flows. • No additional field time for MSA has been budgeted for this subtask. Deliverables • Results of the steady state calibration and a calibrated model will be provided to the City. Subtask 6.6 — Model Analysis Support and Verification Once the model has been calibrated it will be delivered to the City. The City will then perform the existing and future evaluations to identify deficiencies based on the design criteria. It is anticipated that the City will at a minimum conduct steady state evaluations under ADD, MDD, PHD and Fire Flow for existing, five (5) and twenty (20) year scenarios. MSA will provide up to sixteen (1 b) hours of support for working through these scenarios. Once completed, MSA will utilize the model to provide an independent verification of the results found by the City for the scenarios described above. MSA will provide documentation in the forth of a narrative as well as tables and figures for the analysis. Assumptions • MSA will deliver a calibrated steady state model to the City for use in the existing and future analysis. • The City will provide some form ofnotes on the analysis performed noting locations of deficiencies and potential improvements. Deliverables • A technical memorandum documenting the steady state analysis for inclusion in the Plan. Sublask 6.7— Develop EPS Model MSA will work with the City to develop an extended period simulation (EPS) or dynamic model. This will include the identification of valid diurnal curves for summer and winter conditions in addition to loading in all well and booster pump controls. MSA will assist the City in getting the model running under EPS conditions. City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan Jany 2010 Engineers/Planners 11 of 21 0 Assumptions • No analysis specific to the Plan is included in the scope. • The model will not be "calibrated" under EPS conditions, though the process to complete this will be discussed and could be included under a separate scope of work. • No specific documentation is included in the subtask. Deliverables A working EPS model will be available to the City at the conclusion of this task. Subtask 6 9 — Training ofSta, f,�' on Model Use and On -Call Support MSA will work with City staff in the use of the model as part of Subtask 6.6. In addition to this time, up to sixteen (16) hours of time has been budgeted for more formalized training in the use of the Infowater software and in the use of the City's model. This may take the form of two (2) days of more formalized training or could be a number of shorter informal sessions. Up to twenty (24) hours of on-call support is also included in this task that can be used at the City's discretion. This time can include either on-site or `Online" training on an as needed basis. Assumptions • No specific timeframe has been identified for the training and can be requested at any time after the model is developed. Deliverables Model training agendas and formalized model procedure documents will be delivered as part of this subtask. Subtask 6.9 — Condition Assessment of Wells, Booster Stations and Reservoirs MSA will conduct an on-site interview with the City's operations and maintenance staff regarding the condition of the wells (17), booster stations (2) and reservoirs (2). Time to visit up to two (2) sites has been included. MSA• will summarize the condition information and any capital improvement projects identified by the City staff. Condition related improvements will be included in the system analysis workshop and overall capital improvement plan. Assumptions One day of time has been budgeted to meet with City staff and visit up to two (2) facilities. Deliverables A listing of condition related issues for facilities as identified by City staff will be generated during this subtask. City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 Eagineers/Planners 12 of 21 Subtask 6.10 -- System Analysis Workshop Once the model has been simulated under existing, 2015 and 2030 scenarios and existing system conditions at all facilities have been assessed, a workshop will be conducted with City staff to discuss the resulting deficiencies and alternatives for potential improvements. If new possible improvements are identified in this workshop, some additional modeling to verify their operation may be required. Assumptions • A one day workshop of up to six (6) hour duration for three (3) MSA staff will be held on-site with City staff and MSA to discuss the deficiencies and identify potential solutions. • One day of preparation time for the project manager and staff engineer are included in the budget. • Budget to perform additional modeling is limited to eight (8) hours. Deliverables • A preliminary listing of the proposed capital improvement projects will be produced. Subtask 6. 1.1 —System Analysis Documentatwn The system analysis section will constitute a large and important chapter in the final Plan. A draft technical memorandum will be produced allowing City review prior to the delivery of the draft Plan. The documentation will include; design standards, model network development, model demands, model calibration, model analysis, condition assessment, and the results of the systemm analysis workshop. Assumptions • The technical memorandum delivered in this subtask will be converted into a Plan chapter once comments have been received. Deliverables • A draft technical memorandum for the System Analysis section. City comments will be incorporated into the draft Plan. Task 7- Water Quality & Regulations Task 7 will be focused on updating the water quality and regulations and chapter from the last water master plan. No significant changes are proposed, however all existing regulations will be updated, new ones that have been added and a short summary of future proposed regulations will be provided. A summary of areas of concern for the City from a water quality perspective will be provided. City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC, water Master Plan January 2010 Engineers/Planners 13 of 21 • Assunspdons The format from the last water master plan will be used unless otherwise specified by the City. • The City will provide a summary of all water quality sampling since 2005. Deliverables • A water quality and regulation section will be developed as part of this subtask. Task 8 - Operations and Maintenance MSA will work with City staff to create an operations and maintenance (O&M) section that will be included in the Plan. No previous water master plan in the last ten years includes O&M sections. MSA would propose to document the following items in this section of the Plan: • Water system management and personnel • Operator certification • System operation and control • Cross connection plan • Emergency response program • Safety procedures • Customer complaint response program • Record keeping and reporting • Current leak detection program • Current Flushing program • Current valve maintenance program • Operations & maintenance needs and improvements MSA will also perform benchmarking of at least three to four other similar sized utilities in Idaho on a number of O&M items such as; number of staff, size of system, yearly budget, yearly capital and replacement budget, leak detection and flushing program. This information will be summarized and documented in the Plan. MSA will also conduct onsite interviews with staff concerning current O&M procedures. MSA will review the City's Procedures in light of the American Public Works Association (APWA) certification program. If desired by the City, O&M related items may be included in the capital improvement plan City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 Engineers/Planners 14 of 21 Assumptions • The City will provide copies (preferably electronic) of above listed items where available. • This subtask budget does not include creating the items listed above. The budget assumes that the City has these items available for review and inclusion in the Plan. • Up to one day of on-site meetings and interviews by two (2) MSA staff will be conducted with City O&M staff. Deliverables • A draft O&M section will be prepared as part of this subtask. Task 9 — Facilities Design & Construction Standards The City currently has a number of formal and informal standards for the design and construction of facilities. MSA will provide a high level of review of these standards and provide recommendations on where further standardization and formal development is warranted, Of specific interest is in regards to the development of a well design standard. Review will focus on water system related features including; piping, wells, booster pumps, reservoirs, PRVS, SCADA, general appurtenances as well as lot size for different facilities. Assumptions • Up to forty (40) hours of time has been budgeted to provide review and recommendations on the City's existing standards. If additional effort is anticipated to adequately review all existing information the City will be notified prior to exceeding the task budget. Deliverables • A design and construction standards review summary will be developed as part of this task. Task 10 - Capital Improvement Plan Task 10 will be focused on the development of a capital improvement plan (CIP) for the next twenty (20) years but will focus on the next five (5). There are two primary pieces to this task; the development of the unit costs that are applied to each of the identified project and the CTP prioritization workshop. Subtask 10.1— Development of Unit and Project Costs Based on the recommendations from Tasks 5, 6, 7, and 8, a list of proposed projects based on hydraulic deficiencies, conditions related issues or O&M items will be generated. Unit costs for pipelines, wells and reservoirs in particular will be developed for generating project specific order of magnitude costs. Each project will be described in terms of the reason for City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. water Master Plan January 2010 Engioeers/Plaaners 15 of 21 • the improvement, the location, its size and extent, as well as the total project cost including engineering and construction. Corresponding figures will be generated showing the improvement along with a unique identifier that will also be populated in the hydraulic model. MSA will compare the capital improvements identified within the City's existing CIP with those generated as part of this Plan. Where project costs are different, these differences will be reviewed and incorporated into the Plan where appropriate. Where possible, a demand threshold will be identified that defines when a specific project is required, that will also be associated with a projected timeframe. Assumptions • The City will provide bid tabs for any water projects constructed over the past ten (10) years. The City will provide the existing water system capital project list. • MSA will utilize cost estimating conducted for other Idaho and northwest utilities cost estimate references (eg. RS Means) and the current Engineering News Record (ENR) indices. • Order of magnitude cost estimates in 2010 dollars that are accurate to within plus 50% and minus 30%. Deliverables A draft CIP will be developed as part of this subtask. Subtask m CIP Prioritization Workshop MSA will conduct a prioritization workshop based on the draft CIP. MSA will work with the City to develop criteria for the prioritization based on a number of factors including; whether it is an existing deficiency or not, the extent of the deficiency, number of customers impacted, type of customer impacted, whether it addresses both a hydraulic and condition deficiency, and others. Projects to be implemented in the first five (5) years will be identified first, then those in the 5 to 10 year range and finally those between 10 and 20 years. The CIP documentation developed in Subtask 10.1 will be updated at the conclusion of this subtask. Assumpdonas • A full day on-site workshop has been budgeted for this task. Appropriate MSA task leads and City staff will be required. • MSA will leverage City staff and existing City CIP documentation where possible and appropriate. Deliverables • A draft prioritized CIP will be developed. 0 City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 EngineerstPlanners 16 of 21 • Task 11— Financial Analysis MSA will utilize the CIP developed as part of Task 10 to identify the funding requirements by year. The City will provide a copy of their existing water rate model to MSA. The model will be used to project the required rates and hook-up fees for the City to pay for the proposed Plan CIP. If the City's existing rate and hook-up fee structure is not projected to be adequate, recommended percent increases will be provided. MSA will also provide a review and recommendation on the appropriate depreciation rate to use in its rate calculations. Ultimately a summary document will be produced that provides a discussion on the adequacy of the City's current rate structure to pay for the identified improvements. Assumptions • The structure and assumptions within the City's existing rate model will not be reviewed as part of this scope. • Costs for capital versus operations and maintenance will differentiated in the analysis. • The City will provide a copy of the rate model in an Excel format for use by MSA. • An initial meeting will be held for City staff to review the existing rate model spreadsheet and explain its structure and functionality • A meeting will be held with City staff and MSA once the analysis has been completed to review the rate model results. Deliverables • A financial summary document will be developed as part of this task. Task 12 - Report Preparation As previously described, MSA will develop a Plan with the sections described in this scope and ultimately obtain Idaho DEQ approval. Task 12 is intended to take the work products and findings from the previous tasks and consolidate them into a single document. The Plan is anticipated to include the following major chapters: 1. Introduction/Executive Summary 2. Existing Systems Description 3. Population and Demand Projections 4. Water Supply Planning a. Conservation Planning b, Interties c. Long Term Water Supply Options d. Water Supply Versus Demand City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 Engineers/Planners, 17 of 21 5. System Analysis a. Model Development and Calibration b. Hydraulic Analysis and Deficiencies c. Condition Analysis and Deficiencies 6. Water Quality and Regulations 7. Operations and Maintenance 8. Design and Construction Standards 9. Capital Improvement Plan 10. Financial Plan 11. Appendix Task 12 includes the generation of the draft and final Plans. The City and DEQ will provide review and comment on the draft prior to developing the final Plan. Review meetings are included with both the City and DEQ. What is included in the appendix for supporting documentation will be agreed upon by MSA and the City. A public council presentation will be provided by MSA once the draft has been reviewed by the City. The public council presentation will be held not only to present a summary of the plan to the City Council, but to meet DEQ requirements for public presentation of the Plan. A final document that incorporates all final City (staff and council) and public comments will be prepared and submitted to the City and DEQ. Assumptions • Draft and final deliverables will be in electronic format, except where requested by the City and DEQ. In those cases where printed versions are required, no more than 5 total hard copies will be produced. • Review period for the draft submittal by the City has been scheduled to take no more than ten (10) work days. • Review period for the draft submittal by DEQ, has been scheduled to take no more than twenty (20) work days. Deliverables • Draft and final versions of the document will be delivered to the City and DEQ. An electronic PDF version of the document will also be delivered to the City of both the draft and final. Task 13 -- Out of Scope Work This task is to be utilized by the City to authorize MSA to complete discrete tasks that are not currently included in the overall Scope of Work related to the Plan. Once out of scope items City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 Engineers/Planners 18 of 21 • r� are identified, MSA will notify the City and prepare an email estimate of the level of effort. MSA will only continence work on the out of scope tasks once approval is provided by the city. Assumptions • A $10,000 budget has been included for this task to be used at the City's direction. • The budget identified for this task may not be adequate to perform out of scope work depending on the level of effort requested by the City. Deliverables • To be determined. City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 Engineers/Planners 19 of 21 • • • BUDGET The overall not to exceed budget estimate for this project of $199,547 is shown in Table 1. The work provided in this Task Order will be billed on a time and expense basis. Table 1 Total Project Fee Task Hours Subconsult ant Cost Fee Task l: Project Management & Meetings 104 $825 $15,231 Task 2: Data Collection 28 - $3,320 Task 3: Existing System Description 28 - $2,984 Task 4: Population and Demand Projections 46 - $5,498 Task 5: Water Supply Planning 164 $10,984 $32,464 Task 6: System Analysis 522 - $65,806 Task 7: Water Quality and Regulations 4$ - $5,064 Task 8: Operations & Maintenance 70 - $8,270 Task 9: Facilities Design & Construction Standards 42 - $6,084 Task 10: Capital Improvement Plan 112 - $13,896 Task 11: Financial Plan 70 - $8,690 Task 12: Draft and Final Plan Development 186 - $22,240 Task 13: Out of Scope Work TBD - $10,000 Project Total 1,420 $11,$09 $199,547 ' TIME OF PERFORMANCE The Plan is anticipated to be completed over a period of approximately 12 months, beginning in February2010. MSA will make every effort to complete the work in a timely manner; however, it is agreed that MSA cannot be responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time this scope was executed. An updated Schedule will be provided to the City at the kick-off meeting and modified as required as the project progresses. City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Mester Plan January 2010 EngineenJFlanners 20 of 21 OF TFo s Tammy de W ayor , Date: o- SEAL Attest: 4� Jaycee Wolman, City Clerk •,�'�%�� `0��� ►�u►rrn nin�� Date: >//* //0 Public orks Date: fII-IldlIf X".1 P�Aing 1 /1 Date: Approved by City Council: A ' 9 - / D Murray, Smith & Associates In. By: 1*1132tj��Z- %.Ow Title: _ VUno,, I�' T-4, Pci nc ; J�ei Date: 112b 10 City of Meridian, Idaho MURRAY, SMITH & ASSOCIATES, INC. Water Master Plan January 2010 EngineerwTianners 21 of 21 • • • MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. SD REQUEST Agreement with Paul Construction for Riprap Repair at Various Flush Station Sites for a Not -to -Exceed Amount of $49,220.00 AGENCY COMMENTS CITY CLERK: PUBLIC WORKS: See AtFached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. oE IDIAN%P"" Public � DA H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland Mayor Tammy de Weerd CNP Ceawdl Ntmborss Keith Bird Brad Hoogiun Charles Rountree David Zaremba DATE: January 27, 2010 SUBJECT: AGREEMENT WITH PAUL CONSTRUCTION FOR RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES FOR A NOT -TO -EXCEED AMOUNT OF $49,220. I. RECOMMENDED ACTION 0 A. Move to: 1. Approve the Agreement with Paul Construction, a qualified contractor and the low bidder, to provide construction services for Riprap Repair at Various Flush Station Sites, in an amount not to exceed $49,220; and 2. Authorize the Mayor to sign the Agreement II. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) 489-0347 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Four flush station sites along irrigation ditches have eroded ditch. banks. The erosion occurred because of water pipes being flushed at high velocities and the water spraying onto the ditch bank. It is important to repair these eroded ditch banks to prevent the problem from getting worse and/or occurring again. Page 1 of 3 Flushing of water lines is done to wash out sediment that has settled in the pipes and is an important aspect of maintaining a distribution system with clear, quality water. B. Proposed Project The proposed Agreement with Paul Construction is to repair the erosion to the ditch banks by placing larger riprap than was previously placed and reinforce the riprap with concrete. This will provide a more solid section of ditch bank for the flow of water to discharge against and lessen the chances for further erosion by minimizing voids between the rocks. C. Consultant Selection An informal bid process (a process in which the project is not advertised for bid, but is sent to at least 3 contractors) was used for this project. Three bids were submitted and Paul Construction was the low bidder. Paul Construction meets all qualifications to do the proposed work and holds a Pubic Works Contractor License. N. IMPACT 0 A. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/DeliveryImpact: The completion of this project will allow water lines to be flushed which will maintain good water quality throughout the distribution system, while protecting the irrigation ditches. The proposed work in the affected irrigation ditches has been accepted through permits from the Army Corp of Engineers and the Idaho Department of Water Resources. The City is allowed to work within the ditches through existing license agreements with the irrigation district at each flush station. Nampa & Meridian Irrigation District also reviewed and approved construction plans for this project. C. Fiscallmvact: Funds to support this project will provided by from the Waterline Extensions account which is dedicated to the building and improvement of the City's water infrastructure. Page 2 of 3 9 Project Costs Bid Amount $49,220 Project t. Funding Waterline Extensions 60-3490-96140 549,220 V. ALTERNATIVES A. The City could defer these repair and stabilization efforts. This alternative would possibly prevent the flushing of water lines at these four sites. If flushing were to continue, further ditch bank erosion would be imminent and repairs more costly in the future. The Water Department would likely be prohibited from flushing by the irrigation districts. B. Water Department staff could slow down the rate at which the water mains are flushed. This alternative would reduce the velocity of the water flowing through the pipe, thus reducing the amount of sediment that is flushed out. VI. TIME CONSTRAINTS is Council's approval will allow completion of this project prior to the beginning of irrigation season. License agreements between the City and irrigation districts prohibit construction activities during irrigation season. It is essential that the construction be completed no later than April 15, 2010. • VII. LIST OF ATTACHMENTS A. Agreement for Independent Contractor Services Page 3 of 3 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES RIPRAP REPAIR SERVICES AT VARIOUS FLUSH STATION SITES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this da Y of , 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 PAUL CONSTRUCTION, hereinafter referred to as "CONTRACTOR", whose business address is PO BOX 1117, MERIDIAN, ID 83680 and whose Public Works Contractor License # is C-10495. INTRODUCTION Whereas, the City has a need for services involving RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES PW.10.10.10141a page 1 of 12 • • • any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on an itemized basis per the the attached schedule as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof, for $49,220.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services 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 RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES PW.10.10.10141a page 2 of 12 • • • 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, 2010 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 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 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 30 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES PW.10.10.10141a page 3 of 12 NOTE: Plan Sheet 2 of 10, Item 10 states "All work shall be completed by March 15, 2010." Please amend this to read, "All Work on Site #4 shall be completed by March 15, 2010. Work on Sites # 1, 2 and 3 shall be completed prior to the beginning of the irrigation season, typically April 15." 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate 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 shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES PW.10.10.10141a page 4 of 12 r1 1�1 r L. power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional 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 RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES PW.10.10.10141a page 5 of 12 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 submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all 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 of Improvement Projects over $25,000.00 RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES PW.10.10.10141a page 6 of 12 8. Notices: Any and all notices required to be given by either of thep arties 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 Meridian, Idaho 83642 PAUL CONSTRUCTION Attn: Jim Paul P0Box 1117 Meridian ID 83680 208-466-2953 Idaho Public Works License #: C-10495 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the 0 RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES PW.10.10.10141a page 7 of 12 basis of race, color, religion, sex, national origin or ancestry,9 age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any 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. 0 RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES PW.10.10.10141a page 8 of 12 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN M Dat Approved by City Council: g;� - �-'o Attest: PAUL CONSTRUCTION RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES PW.10.10.10141 a page 9 of 12 C L. HOLMAN, CITY CLERK = BEAL 9 'c3 � L'OUNIN Approved as to Content dipartment Approval BY: BY: -,70 KEIT A S, P CHASING AGENT NAME: 2nl�b�ly'� dict-f�+vl� Dated: 2-11-10 TITLE: C I I NLep- Approved as to Form Dated: 01-16111D CITY ATTORNEY RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES PW.10.10.10141a page 10 of 12 • • Attachment A REFER TO INVITATION TO BID PW -10-10141 a ALL ADDENDUMS, ATTACHMENTS, MAPS, AND EXHIBITS included in the Invitation to Bid Package # PW -10-10141a, are by this reference made a part hereof. 0 RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES PW.10.10.10141 a page 11 of 12 • Attachment B PAYMENT SCHEDULE A. Total and complete compensation for the items in the table below shall not exceed $49,220.00. PAYMENT SCHEDULE PRICING INCLUDES ALL LABOR, MATERIALS, EQUIPMENT, AND INCIDENTALS AS REQUIRED FOR RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES, PER THE SCOPE, SPECIFICATIONS AND MAPS AS PER IFB# PW.10.10141A Task Description Quantity Unit of Price Extended Measure Price 206.4.1.x.3 Concrete Stabilized 310 CY $ 122.00 $37,820.00 ri ra SP -1 Remove existing riprap 4 Each $ 200.00 $ 800.00 SP -2 Repair washed out bank 1 Each $ 600.00 $ 600.00 SP -3 BY -Pass pipe and coffer 4 Each $200.00 $ 8,000.00 dam SP -4 Water Pollution Control 1 Each $2,000.00 $2,000.00 TOTAL $49,220.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. 0 RIPRAP REPAIR AT VARIOUS FLUSH STATION SITES PW.10.10.10141 a page 12 of 12 • • MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Agreement with ACHD for Transfer of GIS Data AGENCY COMMENTS CITY CLERK: PUBLIC WORKS: See Attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 9, 2010 ITEM NO. 5E � (ZM***-IEIDIAN'*,-, Public ANO 0o) Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: February 3, 2010 SUBJECT: AGREEMENT WITH ACHD FOR TRANSFER OF GIS DATA I. RECOMMENDED ACTION Mayor Tammy de Weerd efts r undil Ken&e.a Keith Bird Brad Hoaglun Charles Rountree David Zaremba A. Move to: le1. Approve the interagency agreement for transfer of GIS data to the Ada County Highway District; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tim Curns, Transportation and Utility Coordinator 489-0342 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION Background Currently the Ada County Highway District uses physical maps of utility locations, provided by the City, to aid in the roadway design process. The maps are meant to be used as reference only and City staff provides additional location information to the ACHD upon request. Physical maps can be problematic as they require frequent reprinting to maintain reasonable accuracy and have no legal provisions for misuse of the information they contain. Page 1 of 2 9 IV. IMPACT A. Strategic Impact: This agreement fin thers the goal of Public Works to increase utility coordination with external agencies such as ACHD and helps protect information about City utilities from being misused or shared with unintended parties. B. Service/Delivery Impact: No Direct Impacts C. Fiscallmpact: A small cost savings would be realized since the need to print maps would be eliminated. A small savings in labor required to prepare and transmit maps would also be realized. V. ALTERNATIVES Council may choose not to approve the agreement and continue with "business as usual," however this is not recommended as the benefits of having ACHD legally responsible for misuse or sharing of the information as well as a reduction in staff time and resources needed for utility coordination would not be realized. VI. TIME CONSTRAINTS Although there is no time constraint, Council's approval will allow for immediate transfer of data and would help greatly with coordination efforts. VII. LIST OF ATTACHMENTS A. Interagency Agreement: Transfer of GIS Data Approved for Council L` Agend �- Z Da e [tic-�•�cer�h;niG� �rvt/}.�r�ll..IztZ _ Page 2 of 2 • INTERAGENCY AGREEMENT: TRANSFER OF GIS DATA THIS INTERAGENCY AGREEMENT (The "agreement"), is made effective this 20 t�- day of January, 2010, by and between the City of Meridian, through its City Council, hereinafter referred to as "Meridian", and Ada County Highway District, through its Board of Commissioners, hereinafter referred to as "ACHD": The purpose of this Agreement is to enable ACHD to obtain from Meridian, GIS spatial infrastructure data in digital format. WITNESSETH: WHEREAS, Meridian is in possession of GIS data in digital format and ACHD desires to obtain such records from Meridian for its own internal uses; and WHEREAS, ACHD and Meridian have expressed a desire to cooperate in the transfer of GIS data in digital format from Meridian to ACHD; and WHEREAS, ACHD and Meridian have the authority to enter into this Agreement pursuant to Idaho Code section 67-2332, Interagency Contracts. NOW, THEREFORE, in consideration of the foregoing ACHD and Meridian agree to the following terms and conditions: SECTION 1. MERIDIAN'S ROLES AND RESPONSIBILITIES: Meridian shall: 1. Provide ACHD in a digital format on a compact disk, all GIS water and sewer data within Meridian's Area of City Impact (including the Meridian City Limits) maintained by Meridian in digital format. 2. Name a primary contact for implementation of this Agreement, and notify ACHD within 14 calendar days of any change. Initially, this contact shall be Robin Jack, GIS Technician. 0 Interagency Agreement: — g yr gee ent: Transfer of GIS data Page 1 Pi • SECTION 2. ACRD'S ROLES AND RESPONSIBILITIES: ACHD shall: 1. Keep secure and use the digital records provided to it by Meridian under this agreement only for its own internal uses and shall not distribute data externally or post on the internet, 2. Not modify the digital records provided to it by Meridian under this agreement. 3. Understand that the locations on the GIS data are not exact, and hold Meridian, its officers, agents, and employees harmless from and against any and all claims of liability arising out of any inaccuracies or errors in any GIS data provided by Meridian for use by ACHD or claims arising out of ACHD's use of said GIS data. 4. Name a primary contact for implementation of this Agreement, and notify Meridian within 14 calendar days of any change. Initially, this contact shall be Chuck Spencer, GIS Coordinator. SECTION 3. GENERAL TERMS: 1. Meridian makes no warranties or guarantees as to the contents of the GIS data and claims no responsibility whatsoever for any use thereof by ACHD. Any modification or alteration of the GIS data shall be without Meridian's knowledge or consultation and shall be the sole responsibility of ACHD. 2. This Agreement shall become effective on the first date mentioned above, and shall remain in effect until either party gives written notice of termination in conformance with Section 3.3. 3. This Agreement may be terminated by any one of the parties for any reason upon thirty (30) days prior written notice. 4. Periodic future updates of the data mentioned herein, requested by ACHD, will be covered under this agreement. NOW, THEREFORE, BE IT RESOLVED, the parties hereto agree to the provisions of this Interagency Agreement for transfer of GIS data. Interagency Agreement: Transfer of GIS data— Page 2 ADA COUNTY HIGHWAY DISTRICT Date: I— 20-10 "e.Huber, President Date: Weerd, Mayor `\`001%1 f,,116i TEST .� Or/ o- SEAL J66e Holman, City Clerk 03 9 ' Cp Interagency Agreement: Transfer of GIS data— Page 3 MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. SF REQUEST Final Order of Appeal for Approval: MFP 09-003 Bienville Square Sub. by Idaho Mutual Trust located West Side of Eagle Rd. and South of Ustick Rd: Request to Modify the 6' Decorative Masonry Wall along the Western Boundary AGENCY COMMENTS CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: (` V ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. 6A REQUEST Open Public Hearing and Comment Period for Substantial Amendment to PY2008 CDBG Action Plan AGENCY COMMENTS CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • • STAFF REPORT Hearing Date: February 9, 2010 TO: Mayor and City Council FROM: Matt Ellsworth, Associate City Planner (�/WIEN? NM SUBJE PY2008 Community Development Block Grant Action Plan Amendment, Public Hearing & Comment Period 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST Several activities proposed for the 2008 Program Year (PY08) did not move forward according to predetermined timelines or came in under budget. In order to maintain compliance with federal timeliness requirements, the City proposes an amendment to the PY2008 CDBG Action Plan to reallocate these unused funds to new activities as follows: t Funds From Funds To Project Amount Project Amount Habitat for $60,000.00 Senior Center $14,795.00 Humanity (Public Services) Code Enforcement $20,000.00 Food Bank $18,271.96 Senior Center $16,791.96 Housing $15,000.00 (Public Facilities) Authority Unallocated $275.00 Public Works $40,000.00 (Design) TOTAL $88,066.96 } TOTAL 88 066.96 Note: Activity summaries are available in exhibits I and 2. 2. SUMMARY RECOMMENDATION Staff recommends opening the public hearing and comment period on February 9, 2010 with an anticipated closure on March 16, 2010. This exceeds the required 30 day comment period. 3. SUMMARY OF SUBSTANTIAL AMENDMENT Staff proposes amending the PY2008 CDBG Action Plan as described herein. 4. PROCESS FACTS Published public notices January 25, 2010 in the Valley Times and Idaho Statesman. A copy of this Amendment is available at the Senior Center, Library, City Hall, and online at: http://www.meiidiancity.or / Ip anning.aspx?id=4418. PY2008 CDBG Action Plan Amendment February 9, 2010 -1- • 1] 5. EXHIBITS A. "Funds From" Activity Summary B. "Funds To" Activity Summary C. Public Services Activity Schedule, Meridian Senior Center D. 3C Tables 1) Senior Center Public Services 2) Food Bank 3) Ada County Housing Authority 4) Infrastructure Design PY2008 CDBG Action Plan Amendment February 9, 2010 -2- • C -I • EXHIBIT A: "Funds From" Activity Summary s -0-W o 1� M yon ��mmR3 �. 3 3 O �41 c m CD 0 cn W K po' � v � m w to Er W O fy0y 50 O ., OD m S� m o fo O 69 O O 0 0 O c- 0 0 0 o _ C ab w y O p O (D m n• O O CD a• '00 N m N _ 3 O _ O a O m m tD C CD 0 O d m0 SCD �g m �. �. ® gg 3 CD ca 7S -_ > > r Cy Qy O Q O g yp C CD OD O �. g Q• 8� �aC& mo g 0 a g m m c CD O CA CL Cr 0 y 3 0 ,too m CD CD m 3 m CD o rr v :13 0 3 C CD m o m 4a 0 cQ'n m $ _ag Nuc CD CD �s'� r m'r�•� y $v K 0 Esc !'1 cc C" 9.28 3�d �.3: CL C nm _ c COQ O A NO C O PY2008 CDBG Action Plan Amendment February 9, 2010 -3- • • EXHIBIT B: "Funds To" Activity Summary Project/Activity Allocation Description To assist the Senior Center in public service activities for Senior Center (Public Services) $14,795.00 its members. Proposed activities included described in Exhibit C. Food Bank $18,271.96 To purchase food and supplies related to provision of services at the Meridian Food Bank. To provide homebuyer assistance (mortgage principal Ada County Housing Authority $15,000.00 buy down, downpayment, or closing cost) to eligible LMI purchasers. Public Works Infrastructure $40,000.00 To design water and sewer line replacement in residenti al Design parts of LMI area. PY2008 CDBG Action Plan Amendment February 9, 2010 ME • EXHIBIT C: Public Services Activity Schedule, Meridian Senior Center ART EDUCATION: Contact Carl Goodwin C) 888-6846 (Each Class will run three weeks a month. We will begin the classes in March 2010 and go thru July 2010) 1) Pastels: $10.00 per student, ($100 instructor fee. (Limit 10 people) Three classes: COST: $400 2) Watercolor: $21.00 per student, $100 instructor fee (Limit 10 people) Three classes: COST: $510 3) Acrylic: $30.00 per student, $ 100 instructor fee. (Limit 10 people) Three classes: COST: $600 4) Wood Pulp: $10.00 per student, $100 instructor fee (Limit 10 people) Three classes: COST: $400 5) Drawing: $15.00 per student, $100 instructor fee (Limit 10 people) Three classes: COST: $450 TOTAL COST FOR ART EDUCATIONAL CLASSES: $2,360 BLOOD TESTING: (Pending the Dr's office schedule, begin the blood testing in April 2010 and run through May 2010) Cholesterol screening would consist of: 1) CBC: Evaluation of weakness, Fatigue and cholesterol issues 2) CMP: Evaluation for diabetes, liver, and kidney functions 3) LIPIDS: Cholesterol and triglyceride evaluation 4) TSH: Detect thyroid function 5) UA: Evaluation of various symptoms' and illnesses 6) Hemoglobin A1C: Glucose testing Cost per individual: $100 (Limit 50 people) Contact: Zelda, Idaho Minor Emergency 514-4401 TOTAL COST FOR BLOOD TESTING: $5,000 MAMOGRAMS (DIGITAL) Pending on St. Luke's Mammogram schedule begin March 2010 and run thru April 2010) Cost per individual $117 (Limit 55 people) Contact: Gena: 706-5680 or Julie: 706-5684 St. Luke's Mammograms TOTAL COST FOR MAMOGRAMS: $6,435 SHIBA PROGRAM: We will begin this program March 2010, pending the schedule of our SHIBA contact) This is an on going program, once it is set up. Additional costs which may not be covered by the initial program $1,000 Contact: Genii: 334-4352 The remainder of the CDBG funding $1,996.96 we give permission to the City of Meridian to re -allocate to another organization which has applied for CDBG funding. If possible we would like this amount to go to the Meridian Food Bank, if they are on the grant listing. ****NOTE: The above given months assigned to each program can change if the instructor or provider wants them to occur in some other month. We understand that funds will not be released until the end of Feb. 2010 and need to be used by the end of Aug. 2010. PY2008 CDBG Action Plan Amendment February 9, 2010 -5- • 0 EXHIBIT DA: Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Public Services Senior Center Public Services Description The City will provide Public Service assistance to the Meridian Senior Center to provide services ranging from health and wellness to recreation. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area Citywide as applicable. Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation 05 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subreci fent LMC Start Date Completion Date 03/16/2010 09/30/2010 Performance Indicator Annual Units # of individuals served 30 Local ID Units Upon Completion 30 Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $14,795.00 ......................................................... $14,795.00 $14,795.00 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs PY2008 CDBG Action Plan Amendment February 9, 2010 -6- L` • EXHIBIT D.2: Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Public Services Meridian Food Bank Description The City will provide Public Service support to the Meridian Food Bank for general services, food/supplies, backpacks for kids, etc. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area Citywide as applicable. Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation 05 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subreci ient LMC Start Date Completion Date 03/16/2010 09/30/2010 Performance Indicator Annual Units # of individuals served 600 Local ID Units Upon Completion 600 Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $18,271.96 ................................................................... $18,271.96 ................................................................... $18,271.96 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs PY2008 CDBG Action Plan Amendment February 9, 2010 -7- • • • EXHIBIT D.3: Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Affordable Housing Homeownership Assistance Description The City will provide funding for the Boise City/Ada County Housing Authority to provide direct homeownership assistance to help LMI individuals purchase homes. Objective category: Opportunity Outcome category: Location/Target Area Citywide as applicable. ❑ Suitable Living Environment ® Decent Housing ❑ Availability/Accessibility Objective Number Project ID DH 2.2 HUD Matrix Code CDBG Citation 13 24 CFR § 570.201(n) Type of Recipient CDBG National Objective Subreci fent LMH Start Date Completion Date 03/16/2010 09/30/2010 Performance Indicator Annual Units Housing Units 1 Local ID Units Upon Completion 1 ® Affordability Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ Economic ❑ Sustainability $15,000.00 .................................................................. $15,000.00 ................................................................... $15,000.00 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs PY2008 CDBG Action Plan Amendment February 9. 2010 -8- • EXHIBIT DA: Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Public Facilities Infrastructure Design Description The City will use CDBG funding to design replacement water and sewer lines in the residential portion of the LMI area around Downtown Meridian. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area Citywide as applicable. Objective Number Project ID EO 3.2 HUD Matrix Code CDBG Citation 03 24 CFR § 570.201(n) Type of Recipient CDBG National Objective Entitlement LMA Start Date Completion Date 03/16/2010 09/30/2010 Performance Indicator Annual Units Facilities Designed 2 Local ID Units Upon Completion 2 Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $40,000.00 ................................................................... $40,000.00 ................................................................. $40,000.00 The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs PY2008 CDBG Action Plan Amendment February 9, 2010 -9- CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE February 9, 2010 ITEM # PROJECT NUMBER PROJECT NAME PLEASE PRINT NAME CITY OF 6-A PY2008 CDBG Action Plan FOR I AGAINST I NEUTRAL • • MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. 7A REQUEST Planning Dept. - Budget Amendment Requesting Spending Authority of $249,947.00 that was Pre -Awarded for Program Year 2009 CDBG Entitlement AGENCY COMMENTS CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. NTOF dU.S. Department of Housing and ��QPP II II o Z 400 Southwest Sixth Avenue, Suite 700 * * Urban Development Portland, OR 97204-1632 1196 IIIIIIII �� g p FAX (222)2 22- 2 = Region X Portland Field Office FAX 971 222-2670 9 e Community Planning & Development Division eAA/ DE��VO January 29, 2010 Matthew P. Ellsworth Associate Planner & CDBG Administrator City of Meridian Planning Department 33 East Broadway Meridian, ID 83642 Dear Mr. Ellsworth: SUBJECT: Program Year 2009 Funding Approval/Agreement I am pleased to inform you that HUD has obtained congressional release of the city's FY 2009 program award. This letter now transmits our FY 2009 CDBG grant agreement in the amount of $249,947 for the previously approved 2009 Action Plan. Please have Mayor de Weerd execute all three of the enclosed CDBG Funding Approval/Agreements with an original signature and date, retain one copy for your records, and return the others within two weeks to: Mr. Doug Carlson Director, Community Planning and Development HUD Portland Field Office 400 SW 6t` Avenue, Suite 700 Portland, OR 97204-1632 Please note that HUD's previous approval of the action plan does not constitute a determination that the activities are eligible and meet the statutory objectives of the authorizing legislation. The city is responsible for ensuring compliance with program requirements. Please also be reminded that funds may not be obligated or expended for activities that have not received environmental clearance, as required by 24 CFR Part 58. www.hud.gov/oregon We look forward to working with you to support your ongoing work to meet the goals of the city's 2007-2011 Consolidated Plan and the 2009 Annual Action Plan. If you have any questions about the enclosed comments or need technical assistance, please contact Murrianna K. Thomson, CPD Representative at 971-222-2621 or via email at Murrianna.KThomson@hudgov. Sincerely, A Dog son Director, Community Planning and Development Enclosures Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3. Grantee's 9 -digit Tax ID Number 4. Date use of funds may begin City of Meridian, Idaho 82-6000225 (mm/ddlyyyy) 10/01/09 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. ProjecliGrant No.1 6a. Amount Approved 33 East Idaho Avenue B -09 -MC -16-0006 $249,947 Meridian, ID 83642 5b. Project/Grant No. 2 6b. Amount Approved 5c. Project/Grant No. 3 6c. Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred atter the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(8) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub -recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name Doug Carlson City of Meridian, Idaho Title Title Director, Community Planning and Development The Honorable Tammy de Weerd Mayor, City of Meridian Signature Data (m d/ Dl Sinre , Date (mMd ) 71a) 7. Category of TiU 1 1 nee or this Funding Action (check only one ® a. Entitlement, Sec 106(b) ❑ b. State -Administered, Sec 106(d)(1) ❑ c. HUD -Administered Small Cities, Sec 106(d)(2)(B) ❑ d. Indian CDBG Programs, Sec 106(a)(1) ❑ e. Surplus Urban Renewal Funds, Sec 112(b) ❑ f. Special Purpose Grants, Sec 107 ❑ g. Loan Guarantee, Sec 108 S. Specia on 'ons 9a. to UD Received Submission (check one) ( dd/yyyy) 08/18/2009 ® None -9b. Date Grantee Notified ❑ Attached (mm/dd/yyyy) 01/29/2010 9c. Data of Start of Program Year (mm/dd/yyyy) 10/01/2009 10. check one ® a. 06g. Funding ❑ b. Amendment Amendment Number 11. Amount of Community Development Block Grant FY (2009) FY ( ) FY ( ) a. Funds Reserved for this Grantee 249947 b. Funds now being Approved $249,947 c. Reservation to be Cancelled (1 Is minus 11b 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terns and 12c. Name of Authorized Official for Designated Public Agency conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. Signature HUD Accounting use Only Effective Data Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) FM 10ooo 0 0 1111111111000011111 1�-111 Project Number I I EEI Proect Number Amount Amount Date Entered PAS (mm/ddlyyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By AV m, aEi -v E .0 d U CD ll o } m N o W C9 2 U H E hi 0 LL m z V C 4 0 4 O E y O 5 Z Z c 0 m 0 0) c E c W cc is C wo H m � N N N 0 U 0 ca N EA C U � � U O O °) O �' E E I— a) Q Z LUcl• �. cam co O U LU m Q, LU L N � � c m r m U 9 a c m N 4) T 0 3 m .c U O a) W R c c`o v) o C7 rnm cp =U 340- o � c m v O N � O c m c c O cc 5 a m c rn O C U a C( C O CL C �a)Q > U a) 0 C � mm`s 7 N Co a s > C m = O tm C 'Ep T Nva) a) c N s 15- Lu H� 000 = CD 3 N 72 m 00 Eaa))> co a) 6E CL 0 mc�E 0 m O E Q 4- cci m N C �+ vi. m N a N :S � c 3 3 '0 O — d) toCL Co 3 N N t mca3 U) o m L ca 0 'Na U c C (D O Q H U axi a m U a) Q N C m a c m m a c (D s a) a U N m C7 ai m a c N 0 3 m d) Q �- CN CU N O U � C � O `N 0 N C o a) Q O w E VE m O (' 0 U a) m > N `OCL N Q r+ CU N o 0 O m 'v Q c Op �p C = O s 0 U m m (' C M p m U a) a) o �U C C E E a) � N a) rn v m C-4 .G o m m N4) N c 3 42 . a c U ac) O X (� w E c a a� c V m ° E � �a �+ d G� v � C Ri c a� '0 o m E�� V c O N aaV 0Cc Co� cV= ° t0 m t) N w as O C va a m cc a�E'a O Q, OCL �N d) 0 c) E 'O m A L 0 E O E ; Y 0 Of 'Omw.fl m m d a > c c m .0 cc -0 Q. Ccc 1p E ° M 'o V C 'C .c3�m CO C 0 E �. t0 N O d O co a) c daaR w'om'v eL0 C J M W W z JQ Z?r W m zto LU OO O �J � O z ❑ �❑ ❑ ` El r O IL z z z z W 2 U ' 0 D a 10- �; C a w o m eL0 C J J W W z JQ Z?r W m zto LU OO O J U Q a- J W � O F }w� O a M O Z= p r O IL w. O d 2 U ' 0 10- �; C ets w o m J o O E E C ' J N 'r7 � U C V Q N D O U 8i a O� LL H Z W z� aZ �W wLLI `Z S (' �m M N O Z N 7 0 N U fA m a J J W W z JQ Z?r W zto LU OO O J U Q a- J W z W >- ma� }w� O a M O Z= p a P. tat 0 0 06 r O IL N d C ets W m O E r LU N 'r7 i7 t C m c 0 N' m L xLU W w a C w 0 C CL :5p H C ca CL O co W CL NQ N do r p C V C NIN- .rE_ N 0) O V to `0Ca O 0 z C F- y U HQ 0 �0oPt�a�wZ - >u MOR 0 EJ WC5W U c � d 0 OrO ��N d � M�lM (9 y � a-6 C 0 d 0 NPN 0 T- O MOOOOa N N N N W v C 0 O IL W P. tat r N d C ets W m O E CV LU N 'r7 i7 t 40. N' m L 3 'p w a C C CL H m W W U� N do r L J O V to z C c F- O HQ 6O - is Qz WC5W U c � 0 O d � (9 F CL N 0 O P. tat N d C m LU 0 i7 m L w a C H m U� J 0 to F- O 6O - is Qz U 0 (9 • • 0 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Resolution No. 10 - �1 (� to the Traffic Safety Commission February 9, 2010 ITEM NO. %B : Appointing Andrew J. Mitzel AGENCY COMMENTS CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. ^� BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING A COMMISSIONER TO THE MERIDIAN TRAFFIC SAFETY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a citizen seat on the Meridian Traffic Safety Commission is vacant due to the resignation of Tony Zanders whose term was due to expire August, 2010; and WHEREAS, the City Council of the City of Meridian deems the appointment of Andrew Mitzel to be in the best interest of the Meridian Traffic Safety Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-3-3, Andrew Mitzel is hereby appointed to the Meridian Traffic Safety Commission to replace Tony Zanders, for a term to expire on August, 2010. 2010. 2010. 2010. Section 2. That this Resolution shall be in full force and effect on the 9t' day of February, ADOPTED by the City Council of the City of Meridian, Idaho, this 90' day of February, APPROVED by the Mayor of the City of Meridian, Idaho, this 9t' day of February, APPROVED: !.- �e"6� Mayor T de Weerd ATTEST: \\\��,��00 of By. � Jayce . Holman, City Clezzk SEUL T 0 �. RESOLUTION APPOINTING ANDREW MI* TRAFFIC TRAFFIC SAFETY COMMISSION- Page 1 of 1 �rrrrntlt 111%\\0 Andrew I Mitzel 1960 Aronmink way Meridian ID 83646 andrewmitzel@,u.boisestate.edu (208)-695-5440 Education Boise State University Fall 2006 — Present Working towards Degree in History then Masters in Community and Regional Planning 3.0 Cumulative GPA Clubs/Organizations ➢ Fraternity ofAlpha Kappa Lambda Fraternity Vice President January 2010 -Present ➢ Chaired all Executive Board meetings ➢ Required to be familiar with national, state, and local laws, chapter constitution, bylaws, ritual, The Truth and The Word, and all officer duties and publications ➢ Cosigned all checks written by the Fraternity ➢ Appointed all Judicial Board members ➢ Chaired all judicial hearings ➢ Required to maintain and fill out all reports at the local and national level ➢ Keep all bylaws and judicial rules up to date including writing new policies Fraternity President January 2009 -January 2010 ➢ Chief executive officer of the organization, Preside over all meetings ➢ Oversee all executive staff members ➢ Maintain all communications with National Head Quarters ➢ Appoint all committees and chair positions ➢ Act as the representative and liaison between AKL and all the parties that AKL interacts with. Recruitment Chair January 2008 -January 2009 ➢ Scheduled and planned all recruitment events ➢ Attended all recruitment events and met with potential new members ➢ Attended all summer/winter new student orientations ➢ Interfraternity Council Founding Father/President Fall 2008 -January 2009 ➢ Chief executive officer of the organization, Presided over all meetings ➢ Submitted all information and paperwork as it is required to the Student Activities Office or the Office of Greek Life ➢ Assisted the Advisor and the Vice President of Finance in preparation of requests for funding from the Associated Students of Boise State University, and signed all requests. ➢ Acted as the representative and liaison between the IFC and all parties that the IFC interacted with. Activities ➢ Leadership Quest Boise State University ➢ Volunteered for Student Programs Board ➢ Service Saturdays — volunteer ➢ Volunteered for Boise State Student Orientations ➢ Western Regional Greek Leadership Conference ➢ Greek Week — planning committee 2009 ➢ 2008 National Fraternity Conclave Delegate (Birmingham, Alabama) Work Experience Boise State University (Peer Advisor) June 2009 -Present ➢ Required to understand and effectively communicate curriculum, graduation requirements, and university and college policies and procedures to students ➢ Assist students in defining their academic, career, and personal goals, and assist students in creating an educational plan that is consistent with those goals ➢ Required to be available to answer students questions via phone, email, or personal appointments ➢ Provide students with educational opportunities outside the classroom ➢ Refer students to other campus departments and offices when necessary ➢ Attend all new/transfer student orientations ➢ Give presentations to both students and faculty on advising and school policies Allied Barton Security July 2007-January2008 ➢ Weekend Sergeant of Capitol Mall site ➢ Monitored all CCTV security cameras from command post ➢ Was in charge of multiple officers working in the field ➢ Dispatched officers to handle situations in the field ➢ Responded to any medical emergencies ➢ Handled all fire alarms, panic alarms, elevator emergencies, and fire drills ➢ Responsible for answering all incoming phone calls to the control center ➢ Maintained all logs and necessary paper work to include incident report's, passdown logs, lost and found logs, elevator malfunction reports, fire shutdown reports, fire drills reports, and parking permit searches References Jason Clark (Greek Advisor of Boise State University) (208)-426-3753 jasonclark3@boisestate.edu Sharon Meriwether (Assistant Director of Academic Advising Boise State University) (208)-426-4049 smeriwet@boisestate.edu Jody Braun (preceding Fraternity President) (208)-761-7270 jodybraun@u.boisestate.edu MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. %C REQUEST Legal/HR/I.T. Department: Strategic Focus Update AGENCY CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AM m O N s at rt_ (v +j W 2 I (O O s V Z O V V) E i L 0 0 tio tCL 0 LL E i V � ca � cn • 0 0, L E h� N CL W I- V- • 0 0 op C., 40 L. .0 L a IL JOT39A dlovatTa 40 .H O m0 Q V -� L 4A •— 0 dA M m V M L W u. 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CCd © r--� _U U c;3 cdM N U CdAl .--� Cd 1:14O 0 M N U 00 •--+ loseE 0 L 0 s ._ L W cc TM to U 0 Cid Cid Cd A--) 4N loseE 0 L 0 s ._ L W cc TM to Cid CCd © _U R N U CdAl .--� loseE 0 L 0 s ._ L W cc TM to c © _U R N d' loseE 0 L 0 s ._ L W cc TM to MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. %D REQUEST Parks & Recreation Department: 2010 Fee Schedule AGENCY COMMENTS CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: See Attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Meridian Parks and Recreation 2010 Fee Schedule = Denotes fee change/addition/removal = Denotes proposed non-resident fee structure Activity Current Fee Proposed Fee % Change Volleyball Com etative Men's, Women's, Co -Ed Team Fee 10 games + tournament $265.00 $265.00 0% Late Fee per team $30.00 $30.00 0% Volleyball Non -Resident Fee Structure Proposal Team Fee (10 games + tournament) N/A $180.00 New Resident Player Fee N/A $10.00 New Non -Resident Player Fee N/A $20.00 New Late Fee $30.00 $30.00 0% Recreational Men's, Women's, Co -Ed) Team Fee $100.00 Remove Late Fee (team) $30.00 Remove Basketball Men's, Women's, Men's Over 40 Team Fee 10 games + tournament $595.00 $595.00 0% Late Fee $50.00 $50.00 0% Basketball Non -Resident Fee Structure Proposal Team Fee (10 games + tournament) N/A $475.00 New Resident Player Fee N/A $10.00 New Non -Resident Player Fee N/A $20.00 New Late Fee $50.00 $50.00 0% jadUS Softball Men's, Women's, Co -Ed Team Fee 10 games + tournament $640.00 $640.00 0% Late Fee $50.00 $50.00 0% Spring Softball Non -Resident Fea Structure Proposal Team Fee (10 games + tournament) N/A $450.00 New Resident Player Fee N/A $10.00 New Non -Resident Player Fee N/A $20.00 New Late Fee $50.00 $50.00 0% Fall Softball Men's, Women's, Co -Ed Team Fee 8 games $410.00 $410.00 0% ASA Fee if team is not already registered) $12.00 $12.00 0% Late Fee $50.00 $50.00 0% MPR 2009 Fee Schedule Draft 2/12/09 Page 1 of 6 Activity Current Fee Proposed Fee % Change Fall Softball Non -Resident Fee Structure Proposal Team Fee (8 games) N/A $220.00 New Resident Player Fee N/A $10.00 New Non -Resident Player Fee N/A $20.00 New Late Fee $50.00 $50.00 0% Softball Tournaments Adult Slowpitch Entry Fee Parks & Rec Hosted $185.00 $185.00 0% Girls Fast itch Entry Fee Parks & Rec Hosted $350.00 $350.00 0% Field Rental for tournament (per hour) $5.00 $5.00 0% Field Prep for tournaments(per hour $15.00 $15.00 0% Girl's Sgring Fast itch Softball U10, U12, U14, U16, U18 Team Fee ASA Fee not included $420.00 $420.00 0% Late Fee per team $50.00 $50.00 0% Girl's Fall Fast itch Softball (U10, U12, U14, U16, U18 Team Fee 8games) $340.00 $340.00 0% Late Fee(per team $30.00 $30.00 0% Girl's Fall Fastpitch Non -Resident Fee Structure Proposal Team Fee (10 games) N/A $220.00 New Resident Player Fee N/A $10.00 New Non -Resident Player Fee N/A $20.00 New Late Fee (per team) $30.00 $30.00 0% Dod eball Co -Ed, Oen Team Fee 8 games + tournament $275.00 $275.00 0% Late Fee per team $30.00 $30.00 0% Dodgeball Non -Resident Fee Structure Proposal Team Fee (8 games + tournament) N/A $150.00 New Resident Player Fee N/A $10.00 New Non -Resident Player Fee N/A $20.00 New Fla -q Football Men's, Women's Co -Ed Team Fee 10 games + tournament N/A $375.00 New Resident Player Fee N/A $10.00 New Non -Resident Player Fee N/A $20.00 New Late Fee per team N/A $50.001 New MPR 2009 Fee Schedule Draft 2/12/09 Page 2 of 6 Activity Current Fee Proposed Fee % Change Shelter Fees: Extra Picnic Tables $3.00 $3.00 0% Alcohol Permit 5 hr. time block $20.00 $20.00 0% Amus. Equip./Lrg Canopies 5 hr time block per item $10.00 $10.00 0% Amplified Sound Permit(per day $20.00 $20.00 0% Park Use Application For Events der day $50.00 Remove Short Term Concessions Permit (per day) $25.00 $10.00 -60% Short Term Concessions Permit annual N/A $100.00 New Storey Park Blue & Green Shelter Shelter Rental 1-50 people) $30.00 $30.00 0% Shelter Rental 51-100 people) $45.00 $45.00 0% Shelter Rental 101-150 people $60.00 $60.00 0% Shelter Rental 151-200people) $75.00 $75.00 0% Softball Field Rental(per hour $10.00 $10.00 0% Softball Field Lights(per hour $15.00 $15.00 0% Volleyball Equipment 5 hr time block blue shelter onl $10.00 $10.00 0% Tully Park Small Shelter Rental 1-50people) $30.00 $30.00 0% Large Shelter Rental (1-150 people) $60.00 $60.00 0% Large Shelter Rental 151-200people) $75.00 $75.00 0% Large Shelter Rental 201-250 people) $90.00 $90.00 0% Large Shelter Rental 251-300 people) $105.00 $105.00 0% Softball Field Rental (per hour) $10.00 $10.00 0% Volleyball Equipment 5 hr time block large shelter only $10.00 $10.00 0% Multi -Use Fiend Rental per hour $10.00 $10.00 0% Chateau Park Shelter Rental (1-30 people) $30.00 $30.00 0% Multi -Use Field Rental(per hour $10.00 $10.00 0% Settlers Park Shelter Rental 1-50 people $30.00 $30.00 0% Shelter Rental 51-100 people) $45.00 $45.00 0% Shelter Rental 101-150 people) $60.00 $60.00 0% Shelter Rental (151-200 people) $75.00 $75.00 0% Multi -Use Field Rental(per hour) $10.00 $10.00 0% Baseball/Softball Field Rental(per hour $10.00 $10.00 0% Heroes Park Shelter Rental 1-50 people N/A $30.00 New Shelter Rental (51-100 people) N/A $45.00 New Shelter Rental 101-150 people N/A $60.00 New Shelter Rental 151-200people) N/A $75.00 New Shelter Rental 201-250 people N/A $90.001 New Shelter Rental 251-300 people) N/A $105.001 New Multi -Use Field Rental $10.001 $10.00 0% MPR 2009 Fee Schedule Draft 2/12/09 Page 3 of 6 Activity Current Fee Proposed Fee % Change Seasons Park Shelter Rental 1-30 people) $30.00 $30.00 0% Multi -Use Field Rental per hour $10.00 $10.00 0% Gordon Harris Park Shelter Rental 1-50 people $30.00 $30.00 0% Shelter Rental 51-100 people $45.00 $45.00 0% Multi -Use Field Rental (per hour) $10.00 $10.00 0% Bear Creek Park Shelter Rental 1-50 people) $30.00 $30.00 0% Shelter Rental (51-100 peoplee) $45.00 $45.00 0% Softball Field Rental per hour $10.00 $10.00 0% Multi -Use Field Rental(per hour) $10.00 $10.00 0% Champion Park Shelter Rental 1-30 people $30.00 $30.00 0% Multi -Use Field Rental per hour $10.00 $10.00 0% Renaissance Park Shelter Rental 1-30 people $30.00 $30.00 0% Multi -Use Field Rental (per hour) $10.00 $10.00 0% Jabil Park Multi -Use Field Rental per hour $10.00 $10.00 0% Hertiage Middle School Ball Fields Softball Field Rental (per hour) $10.00 $10.00 0% S ecial Events Meridian Barn Sour 1 Mile Fun Run $10.00 $10.00 0% 6k/10k Run $20.00 $20.00 0% 1 Mile Fun Run Late Registration $15.00 $15.00 0% 6k/10k Run Late Registration $25.00 $25.00 0% Boise Hawks Family Night $10.00 $10.00 0% Cab/eONE Movie Night at Settlers Park Single Night Sponsor Fee $250.00 bid process Remove Presenting Sponsor Fee $2,000.00 bid process Remove Meridian Christmas Street Faire Vendor Fee (10'x10' or smaller) N/A $25.00 New Vendor Fee larger than 10'x10' N/A $50.00 New MPR 2009 Fee Schedule Draft 2/12/09 Page 4 of 6 Activity Current Fee Proposed Fee % Change Camps Camp MerldaMoo 1 wk 7:30-5:30 $94.00 $94.00 0% Camp MerldaMoo (1 wk 7:30-5:30) Early Reg $84.001 Remove Camp MerldaMoo 1 wk 9:00-3:00 $74.00 $74.00 0% Camp MerldaMoo (1 wk 9:00-3:00) Early Reg $64.00 Remove Sports Camps $39.00 $39.00 0% Outdoor Adventure Cam $160.00 $160.00 0% Skyhawks Sports Camp Full Day 9am-3pm) $118.00 Remove Skyhawks Sports Camp Half Da 9am-12 m) $98.00 Remove Winter Adventure Camp $96.00 $96.00 0% Christmas Art Camp $45.00 $45.00 0% Bogus Basin Mountain Discovery Camp $134.00 $134.00 0% Whitewater Sampler Camp $395.00 $395.00 0% Kayak Skills Development Cam $495.00 $495.00 0% Jump Rope Cam $39.00 $39.00 0% Camp MerldaMoo Winter Edition (7:30-5:30) N/A $65.00 New Camp MerldaMoo Winter Edition (9:00-3:00) N/A $55.00 New Camp MerldaMoo Spring Break (7:30-5:30) N/A $84.00 New Camp MerldaMoo Spring Break (9:00-3:00) N/A $64.00 New Activity Guide Classes Adult Watercolor $39.00 $49.00 26% Baby Signs $75.00 Remove Balance and Posture Class $59.00 Remove Ballroom Dance Classes $35.00 $25.00 -29% Basic Winter Survival $20.00 Remove Beaded Loom Class $45.00 Remove Beginning Piano $100.00 $100.00 0% Belly dancing $24.00 $24.00 0% Boise Yoga Center Classes $43.00-$88.00 Remove Sculpturing and Mold Making $200.00 $300.00 50% Conversational English $30.00 Remove Creative Beading & Jewelry Making $20.00 $56.00 180% Creative Writing $50.00 Remove Do It Yourself Plumbing Repairs $45.00 Remove Family Rafting Trip $40.00 $40.00 0% Family Spanish $35.00 $35.00 0% Fit & Fall Proof $5.00 $10.00 100% Hike With a Ranger $8.00 $8.00 0% Hunter Education $10.00 Remove Intermediate Metal Sculpture Art $225.00 Remove Introduction to Metal Sculpture Art $15.00 Remove It's About Couples $40.00 $29.00 -28% Japanese Classes $45.00 $45.00 0% Karate Classes $59.00 Remove Learn to Nordic Ski $28.00-$36.00 $28.00-$36.00 0% Lifetime Love $150.00 Remove Marriage Education for Singles $20.00 $45.00 125% Microsoft Excel Class 1 $20.00 Remove MPR 2009 Fee Schedule Draft 2/12/09 Page 5 of 6 Activity Current Fee Proposed Fee % Change Money Mangement $10.00 $10.00 0% Multi -Media Art Class $34.00 $34.00 0% Paper Making $5.00 $5.00 0% Pencil Drawing $30.00 $30.00 0% Photography $45.00 $40.00 -11% Preschool Fun $39.00 $39.00 0% Preschool Fun Plus $46.00 $46.00 0% Red Worm Composting $10.00 $10.00 0% Scrapbooking Classes $5.00-$20.00 $5.00-$20.00 0% Snowshoe with a Ranger $15.00-$20.00 $15.00-$20.00 0% Solar Cooking for Beginners $10.00 Remove Spanish for Tots $35.00 Remove Spring Break Fun Days $15.00-$35.00 Remove Winter Fun Das $15.00 Remove Young Rembrandts Art Classes $38.00 $44-$82.50 Youth and Adult Horseshoes $8.00 $8.00 0% Amazing Athletes N/A $50.00 New Let's Play Music N/A $60.00 New Musical Theatre for Kids N/A $35.00 New Success in Chess N/A $75.00 New Line Dancing N/A $36.00 New Parenting From Your Heart N/A $25.00 New Healthy Pregnancy Class N/A $20.00 New Empathy Practice Group N/A $10.00 New ActivItv Guide Ads Back Cover Full Color) $400.00 Remove Full Page $320.00 Remove 1/2 Page $ 60.001 Remove 1/4 Pae $80.001 Remove 1/8 Page $40.001 Remove MPR 2009 Fee Schedule Draft 2/12/09 Page 6 of 6 MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. %E REQUEST Parks & Recreation Department: Non -Resident Fee Policy AGENCY COMMENTS CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: See Attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Option 1: Meridian Player Fee Policy The Meridian Parks and Recreation Department holds the right to verify residency of any player or players at any time during the season. If checked, players will be required to provide legal proof of residency; acceptable proof may consist of the following: ➢ Utility bill ➢ Phone bill ➢ Renter's or mortgage receipt ➢ Current driver's license ➢ Current DMV identification card ➢ Property tax statement Any players not submitting one of the above listed items will not be considered as resident players. NO OTHER PROOF WILL BE ACCEPTED. (NO CHECKS, DEPOSIT SLIPS, OR MAGAZINE SUBSCRIPTION LABELS, ETC.) THIS INFORMATION IS REQUIRED WHEN MERIDIAN PARKS AND RECREATION STAFF MEMBERS REQUEST IT. IT IS RECOMMENDED TO CARRY ANY PROOF OF RESIDENCY AND/OR IDENTIFICATION TO ALL SCHEDULED GAMES. Players caught signing up as a resident who are not residents will be suspended for two games and suspended following the two games unless the difference between the resident and non-resident fee is paid. Team Fees: $450 Resident Player Fee: $10 (Any player that lives or owns property within the Meridian City limits) Non -Resident Player Fee: $20 (Any player living outside the Meridian City limits) FEES INCLUDE: ➢ A ten -game season ➢ A double elimination tournament following league play ➢ The $20 ASA team registration fee ➢ Game balls for each game ➢ A scorekeeper for each game ➢ One umpire per league game ➢ Two umpires during tournament play ROSTERS DUE AT REGISTRATIONM Option 2: MERIDIAN TEAM FEE POLICY To qualify as a resident team, a minimum of sixty percent of the team roster members must live in or own property within the Meridian City limits. The Meridian Parks and Recreation Department holds the right to verify any team's residency at any time during the season. If checked, teams will be required to provide legal proof of residency for each resident on their roster; acceptable proof may consist of the following: ➢ Utility bill ➢ Phone bill ➢ Renter's or mortgage receipt ➢ Current Drivers License ➢ Current DMV ID Card ➢ Property tax statement Any players not submitting one of the above listed items will not be considered as resident players. NO OTHER PROOF WILL BE ACCEPTED. (NO CHECKS, DEPOSIT SLIPS, OR MAGAZINE SUBSCRIPTION LABELS, ETC.) THIS INFORMATION IS REQUIRED WHEN MERIDIAN PARKS AND RECREATION STAFF MEMBERS REQUEST IT. IT IS RECOMMENDED TO CARRY ANY PROOF OF RESIDENCY AND/OR IDENTIFICATION TO ALL SCHEDULED GAMES. Teams being checked will be required to provide proof of residency before their next game. Managers can bring their documentation to the Meridian Parks and Recreation Department or fax it to 898-5501. If a team signed up as a Resident Team and do not meet the qualifications to be a Resident Team, they will be charged the difference with an additional fine of $50. If that team does not pay the difference with the additional fine, they will not be placed on the second half of the schedule and will forfeit the rest of their games. There will be no refund. You may add an unlimited amount of players to your roster free of charge until April 7th. Any additional players added after April 7'h will be charged $10 per player. ➢ If you are registered as a Non -Resident Team and add players before April 7 b that qualify you as a Resident Team, you will be refunded the difference. If your team adds a player after April 7th and this player qualifies your team as a Resident Team, you are still a Non -Resident Team. ➢ If you register as a Resident Team and add players before April 7t' that qualify your team as a Non -Resident Team, you will have to pay the Non -Resident Team fee. If you add players after April 7h that makes you a Non -Resident Team, you will still be considered a Resident Team. FEES INCLUDE: ➢ A ten -game season ➢ A double elimination tournament following league play ➢ The $20 ASA team registration fee ➢ Game balls for each game ➢ A scorekeeper for each game ➢ One umpire per league game ➢ Two umpires during tournament play Resident Team Discount (Live/Own): $ 640 *60% of the team roster members must live or own property in Meridian Non-resident Team Fee: $ 704 *Less than 60% of the team roster members live or own property in Meridian Official Rosters are due April 7th at the Managers Meeting!!! • • 1] MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. 7F REQUEST Police Department: Budget Amendment Requesting Spending Authority for Justice Assistance Grant (JAG) in the Amount of $165,757.00 AGENCY COMMENTS CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • aEi Z A LM W C m a 9 rn :a c 0 3 OR. m LM m .. w acmn c r% W m m c E m VIO O I cc C 4 .0 �w e$ 3 C 8 E = &pf v c a 'c JE w Cc' ® A �.o,EE r+ > Al A� ES�c a1. a E� ch co IsMI • • LL E: 0 O to ad CL 0 S CO ti I'E. 94 e� 1 �m 1 o � s ❑ ❑ ❑ W Z Z 0 �y ej ❑y W � Q s o C) o S. o N N P 4049.rAW3, S CO ti I'E. LUUJ 1 �m 1 o � C Z Y a 3 m LO 0 C ej aLu CI) m W � Q E �3 LU CL U Q�FE S CO ti I'E. 1 1 I 1 1 so CL of LO 0 C ej E P 4049.rAW3, � 03� N r LO 40 P c a o �.LLLa E� tz a V. CO) LL m ��ca t; v K! M �E €CO QU—.CL VI oV '®O gRCu fL wZ �s 8 0 m� r r P P OOOOd N N N avoa���'a�tva� V z ti l� 0 0 co O 0 r r� S I of LO 0 C E P � N r LO 40 P o E� tz V. O P K! M VI '®O to �s 8 0 m� ca V z P l� 0 0 lei o� oN N N N I C a O � L o 0 N cm N N O co O 0 r r� S I of LO 0 C E P � r 40 P o tz a O co O 0 r r� S I of LO 0 � r 40 P tz a to 0 m� P l� 0 0 oN N N N � O ut co O 0 r r� S • • MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. %G REQUEST Legal Department & Clerks Office: Draft Procedure for Handling Public Records Requests AGENCY COMMENTS CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: See Attached Q � V Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Inter -Department Procedure for Handling Public Records Requests Date: February 9, 2010 Summary: By law, from the date a request for public records or information is received, the City has only three working days to respond to the request. The following procedure shall apply to all employees in responding to public records requests, in order to ensure compliance with the Idaho Public Records Act, Idaho Code sections 9-337 through 9-350, and City of Meridian SOP no. 7.6(I)(Y). Effective Date: March 1, 2010 Under the Idaho Public Records Act, there is a presumption that all public records may be examined and copied by any person. Upon receipt of a request for a public record, whether such request is made in writing, verbally, or by e-mail, the City must respond to the request within three working days. The City may grant the request, deny the request, or notify the Requestor that more time is needed to respond. (Idaho Code section 9-339(1).) Decisions regarding the release of public information, public records, or other information in the custody of a public official are to be made by the City Clerk's Office, the official custodian of all City records (see City of Meridian SOP no. 7.6(I)(Y)). This procedure establishes a timely, consistent, and statutorily compliant process for handling all public records requests received by the City, whether received by the City Clerk's Office or by any other City department. This policy applies to all City employees and departments, with the exception of the Meridian Fire and Police Departments and their employees, to the extent that these departments have a specific, pre-existing public records disclosure policy in place. I. Intake of Public Records Requests A. Time computation. By law, from the date a request for public records or information is received, the City has only three working days to respond to the request. The three day time limit does not include the date of the receipt of the request, but it does include the last day. Saturdays, Sundays, and holidays on which the City is closed are not included in the three day time limit. (See Idaho Rules of Civil Procedure Rule 6(a).) As to requests received after 5:00 p.m., the date of receipt shall be the next working day. B. Written Requests for Public Records. Upon receiving a written request for documents or information, whether by mail, e-mail, fax, or personal delivery, employees shall route the request to the City Clerk's Office by 5:00 p.m. on the same day of its receipt. Though the City must respond to a request submitted to any department and received in any written form, for purposes of clarity and efficiency, the public should be encouraged to submit requests in writing and directly to the City Clerk's Office using the Public Records Request Form, which is available in the City Clerk's Office and online at the City's website. C. Oral Requests for Public Records. Upon receiving an oral request for documents or information, employees may immediately provide such documents or information only if all of these factors are present: • The requested document or information is subject to disclosure under the Idaho Public Records Act. If there is any question as to whether a record is subject to disclosure, employees should inquire with the City Clerk's Office; • Such documents or information are immediately accessible to the employee; • No research or analysis is requested or required; • No more than ten (10) paper copies are provided in response to the oral request. If an oral request for public records does not meet all of the above criteria, the employee receiving the request shall encourage the Requestor to submit a written request directly to the City Clerk's Office, preferably using the Public Records Request Form. II. Processing of Public Records Requests Following receipt of a written request, any and all of the City's communication with the Requestor should come from the City Clerk's Office. Questions, concerns, and/or follow-up communications, whether from the employee referring the Requestor to the City Clerk, or from the Requestor him/herself, should be routed to the City Clerk's Office in order to ensure that there is a consistent, centralized line of communication between the City and the Requestor. A. City Clerk Notifies City Attorney and Department Retaining Records. Upon receipt of a request for public records or information, the City Clerk shall promptly: (1) provide the City Attorney or his designee a copy of the public records request, and (2) request the records from the department responsible for retaining the requested documents or information. The City Clerk will inform such department of the date and time by which it must copy and return the responsive materials to the City Clerk's Office. It is essential for em llooyees to understand that time is of the essence inron viding a response to a public records request. By law, the City has only three working da sy from the date the request is received to respond to the re uq est. (Idaho Code section 9-339(1).) Further, unless otherwise expressly directed by the City Clerk's Office or the City Attorney's Office, no employee shall redact, modify, edit, omit, destroy, or censor any document or information that is responsive to the request. Employees may discuss with the City Clerk and/or City Attorney any concerns regarding personal, sensitive, irrelevant, or exempt information known to be contained in any responsive record. B. Department Attempts to Locate Records. Upon receipt of a request from the City Clerk, the department retaining the requested record shall identify which of the following procedures is applicable, and comply accordingly. N DEPARTMENT ACTION 1: The department shall promptly reproduce and provide copies of the responsive materials to the City Clerk's Office if • The department is able to locate, reproduce, and provide copies of the responsive materials to the City Clerk's Office within the designated time period, and • Locating and retrieving the responsive records will require less than one (1) hour of staff time, and • The responsive records are less than one hundred (100) or more pages in length. Clerk's Office action: Upon receipt of the responsive materials from the department, the City Clerk's Office shall seek City Attorney review as set forth below prior to sending the response to the Requestor. DEPARTMENT ACTION 2: The department shall immediately provide an estimate of staff time needed and number of pages that will comprise the response if: • The department is able to locate, reproduce, and provide copies of the responsive materials to the City Clerk's Office within the designated time period, and • Locating and retrieving the responsive records will require one (1) hour or more of staff time, or the responsive records are one hundred (100) or more pages in length. Clerk's Office action: Upon receipt of the estimate from the department, the City Clerk's Office shall prepare a response to the Requestor that: (1) notifies the Requestor of the estimated costs of responding to the request, (2) requires that the Requestor pay the estimated costs prior to location and reproduction of the public records; (3) explains to the Requestor that if actual costs are less than the estimate, the difference will be refunded to Requestor, and that if actual costs are more than the estimate, they will be collected prior to provision of the records to Requestor. The City Clerk's Office shall seek attorney review as set forth below prior to sending the response and estimate to the Requestor. DEPARTMENT ACTION 3: The department shall immediately inform the City Clerk's Office and the City Attorney's Office if: • The department is unable to locate and provide responsive materials to the City Clerk's Office. The department shall specify whether the requested materials: (a) do not exist, (b) cannot be located at all, or (c) exist, but are not in the City's custody. Clerk's Office action: Upon receipt of notice of inability to locate/provide records, the City Clerks Office shall prepare a response to the Requestor that 1) notifies the Requestor of the denial of the request; (2) specifies the reason and statutory grounds for such denial; and (3) explains to the Requestor the timeline and mechanism to appeal the denial. The City Clerk's Office shall seek attorney review as set forth below prior to sending the response and estimate to the Requestor. DEPARTMENT ACTION 4: The department shall immediately inform the City Clerk's Office if: • The department needs additional time to locate, copy, and provide responsive materials to the City Clerk's Office. The Idaho Public Records Act allows the City to 3 notify the Requestor that additional time is needed to process the request, not to exceed ten (10) working days from the date the request was received. Clerk's Office action: Upon receipt of notice that the department needs more time to locate and provide records, the City Clerks Office shall, first, prepare a response to the Requestor (a) notifying the Requestor that more time is needed, and (b) specifying the date by which the request will be granted or denied. Next, the Clerk's Office shall recalculate the disclosure deadline and inform the department accordingly. C. City Attorney Review. Before providing the City's response to the Requestor granting the request, requiring payment of estimated costs, denying the request in full or in part, extending the period for response, the City Clerk shall request that the City Attorney or his designee review such response to ensure that no confidential, privileged, or statutorily exempt document or information is included in the responsive materials. Upon such request, the City Attorney or his designee shall provide an opinion regarding whether the information or documents are subject to disclosure under the Idaho Public Records Act. If any responsive record or any portion thereof is exempt from disclosure, the City Attorney or his designee shall redact, or provide an opinion regarding redaction of, the exempt document, information, or portions thereof. Final decisions regarding disclosure of public records shall be made by the City Clerk. D. City Clerk Response to Requestor. Following completion of the foregoing process, and within applicable response period, the City Clerk's Office shall issue a response to the Requestor by e-mail, unless the City Clerk's Office makes other arrangements with the Requestor. 4 P -j MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. %H REQUEST Legal Department & Planning Department: Expired Development Agreements Discussion AGENCY COMMENTS CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 5, 2010 MEMORANDUM TO: Mayor and Council FROM: Bill Nary, City Attorney Arora Canning, Planning Director RE: Unsigned Development Agreements 2004-2008 Legal, Clerk, and Planning Staff met to discuss the appropriate action to take regarding unsigned development agreements that are expired according to the provisions of the UDC. The subject agreements are for projects processed between 2004 and 2008. The concern for Legal is the conflict between our ordinance that requires that a DA be signed within a year of approval, but no consequence exists for failure to do so. Originally the time frame was a condition of approval, but it eventually became a part of the UDC. Legal believes that a time period for signature does make sense, but as long as the City agrees and concurs with extending the time period for compliance it should continue. The problem is allowing these DA's to move into a limbo status without our approval. At this time the position has been that the ordinance only makes the DA voidable, not void, after 1 year. If the City chooses to enter into the agreement after that time period has elapsed it can do so. In some circumstances there are issues that preclude the property owner from signing the agreement within the given time period. Occasionally, there may need to be additional negotiations due to changes in financing, market, conditions, or other considerations. The City does not want to be precluded from allowing these discussions to continue, but also to be able to require timeliness on the part of the developer is also be as important. We also may not want a development agreement signed after all other conditions of development have expired. The Planning Department has the following comments regarding the potential impacts to the City in rescinding the subject development agreements: Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org Page 2 RZ-04-017 Ten Mile Development. Much of the property included in this rezone is now within the Pinebridge Development. This project was approved as a Planned Development prior to the UDC. Given that development and access standards along Eagle Road have changed substantially, Planning Staff sees no benefit to maintaining this DA. MI -06-007 Cherry Lane Christian Church. The purpose of this DA modification was to remove the requirement for conditional use approval for the development of the property north of the Ten Mile Creek. Although the DA was never signed and returned, the development has complied with the terms of the DA. It appears, however, that we did not receive a recorded cross access agreement to benefit the property to the north. Emergency fire access is provided on the site, the easement is just not recorded. Given that it is emergency access and that it also serves the church, Staff does not feel it is necessary to have a recorded easement. Therefore, there does not appear to be a need to have a signed DA at this time. AZ -06-33 Benelli Springs. This annexation and proposed subdivision does not connect to development of other properties in the area. Ten Mile Creek runs along the southern property boundary. The preliminary plat expired in September 2008. Planning Staff sees no benefit to maintaining this DA; conversely, there will be an opportunity to re-evaluate the Ten Mile Creek treatment with a new application. AZ -07-003 Gran Subdivision. This is an infill site along Cherry Lane. The approval includes allowance of a commercial and three residential lots sharing an access drive to Cherry Lane. The preliminary plat expired in May of 2009. Planning Staff does not think it is in the best interest of the City to tie the current or a potential future owner to that approval. There are other development scenarios that may work better for a future owner and/or the City. RZ-07-011 Shaylee Estates. This was a rezone request from C -C to O -T for a property along Meridian Road north of Washington Avenue. The proposed rezone and accompanying plat were to allow for the development of two office lots and a number of townhomes. The preliminary plat expired in September 2009, but prior to that time, the owner of the property submitted a conditional use permit for an assisted living facility in the C -C zoning designation. Unfortunately the owner was not able to finance the project and is now abandoning that use as well. Staff does not see a benefit to maintaining this DA. AZ -07-013 Matador Subdivision. This is one of three five -acre properties along McMillan between Red Horse Way and Locust Grove that have not yet annexed to the City. Because this property is in the center of the three, the proposed subdivision does not connect to urban development to the east or west, and it creates a new street access to McMillan. The plat will expire in March 2010, unless the applicant requests a time extension prior to that time. The single DA provision addresses the elevations for residential construction. With regard to DA timing, the findings note, "The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council Page 3 approval to initiate this process." I believe this application was processed prior to codifying the one year time frame for completing the DA; I cannot find record that the applicant was advised that they need to complete the DA within one year. Staff recommends keeping this DA alive until such time as the plat expires. If the applicant seeks another time extension, Council can evaluate the appropriateness of the plat and DA provisions at that time. AZ -08-002 Villas @ Lochsa Falls. This is a three -acre infill property along Linder Road north of McMillan Road. The DA allows for the development of 21 units consistent with an accompanying conditional use approval and plat. Those applications expired October 15, 2009. The design and elevations proposed for this project were better than average. There may be some benefit to maintaining the DA, however, as noted, all the other approvals have since expired. MI -08-003 Knighthill Center Subdivision. This property is located on the southwest corner of Linder Road and Chinden Boulevard. The purpose of the DA modification was to accommodate a new conceptual plan. The Council allowed the new concept plan and placed additional provisions within the DA related to design review and right-of-way dedications. The applicant has since initiated a law suit against the City for access to Chinden Boulevard. The preliminary plat will expire August 26, 2010. Neither the findings nor the draft DA mention the timing on having the DA signed. Planning Staff recommends keeping this DA alive until such time as the plat expires. MDA -08-004 Southridge Subdivision. The impetus behind this DA modification was to eliminate the mega lot concept and associated concept plan, and replace them with a new master concept plan and property boundary adjustment (PBA) plan. Rather than platting all parcels, the applicant proposed that some parcels should be able to move forward as the result of property boundary adjustments. In order to address this shift, a variety of changes and clarifications are needed to the development agreement. Concurrent with the DA modification, the applicant was working to locate an assisted living facility on the property. That use received conditional use approval that expires on May 6, 2010. Staff recommends keeping the DA modification alive until the conditional use expires. MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. 71 REQUEST Mayor's Office - Budget Amendment for Economic Development Administrator (Amended onto Agenda at Meeting) AGENCY COMMENTS CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • f°- E U- LL W C W 4 W D m 2 N 171; m m V C CA rn 32 �U m o m O g m o E 0 CL c' m a •v 3 m N •00 � C E N LL O? C p 1 d 32 ++ L 'C W co tlj m m1-0 d� MR m� m N � O� N �jN m� Na y o =E o `~ ,s ®maW-S CDc m c a O m C7N C LL rl E to iS ac 00 n 0) c r Q m�o0 oc�E OW 0 0 m0 -SM SLO CD -0v Li 8� 'a8 .00 l $' m C� +C � o c c EN a EoM c n go.E • z OR �I CL ti o • �Q. y O� LL W s9ZO W WC� FF � � W U. m Z Z :213 13 Z%_ ~ ��is El Pr m m o � t v � �' O1 G � C E �+ 01 93 �91 E �w v° C sCo G coc 0 c 'O c my 0 • MERIDIAN CITY COUNCIL MEETING February 9, 2010 APPLICANT ITEM NO. 7J REQUEST Fire Department - Budget Amendment for EOC Equipment and Labor Costs (Amended onto Agenda at Meeting) AGENCY CITY CLERK: PUBLIC WORKS: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • 10 m c .c 0 E � m m E n Q �Z �. 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