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2011-05-03~~E IDIAN~-- IOAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 03, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird XMayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by 4. Adoption of the Agenda Adopted 5. Proclamation A. Proclamation for Building Safety Month B. Proclamation for National Historic Preservation Month 6. Consent Agenda Approved A. Approve Minutes of April 12, 2011 City Council Meeting B. Approve Minutes of April 19, 2011 City Council Regular Meeting C. Approve Minutes of April 19, 2011 City Council Pre-Council Meeting D. Mutual Aid and Assistance Agreement Between the City of Meridian and the Idaho Intrastate Water/Wastewater Agency Response Nefinrork (IDWARN) E. Approval of Agreement with Ada County Highway District and Up-Front Appropriation of Funds for aNot-To-Exceed Amount of $144,875.76 for Construction of the Franklin Road - Touchmark to Five Mile Project Moved to Item 8 Meridian City Council Meeting Agenda -Tuesday, May 03, 2011 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 andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Professional Services Agreement with Bethany Gadzinski for Evaluation Services of the Meridian's Anti-Drug Coalition MADC Reco nize Program for aNot-to-Exceed Amount of ( ) g $15,000.00 G. Pedestrian Pathway Easement with The Traditions by Amyx II, LLP for a Proposed Multi-Use Pedestrian Pathway Located in Zebulon Heights Subdivision No. 3 H. Development Agreement for Approval: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C-C (Community Business) Zoning District I. Approval of New Beer and Wine License Application from Joy Garden LLC dba Joy Garden; Located at 2951 E. Overland Rd. Suite # 125. J. Approval of 2011-2012 Beer and Wine License Renewals as follows: EI Tenampa Restaurant 906 N. Main St. Chronic Tacos 3240 E. Louise 7. Community ItemslPresentations A. Recognition and Award Presentation to Walter Lindgren for Nine Years of Service as a Historic Preservation Commissioner B. Idaho Power Easy Upgrades Program C. Presentation of the 2010 American Council of Engineering Companies (ACEC) of Idaho Engineering Excellence Award to the City of Meridian for the Reclaimed Water Booster Station 8. Items Moved From Consent Agenda Approval of Agreement with Ada County Highway District and Up- Front Appropriation of Funds for aNot-To-Exceed Amount of $144,875.76 for Construction of the Franklin Road - Touchmark to Five Mile Project Meridian City Council Meeting Agenda -Tuesday, May 03, 2011 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 andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Action Items A. Public Hearin : TEC 11-002 Pinebridge Subdivision by BW g Meridian, Inc. Located South of E. Fairview Avenue, East of N. Locust Grove Road and West of N. Eagle Road and North of E. Commercial Street Request :Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on the Final Plat Approved 10. Department Reports A. Le al Department: Memorandum of Understanding to Amend g . Current Collective Bargaining Agreement between the City of Meridian and I.A.F.F. Local 4627 to Allow Employees to Return to a Former Classification Approved B. Mayor's Office: Update on the Mayor's Task Force for Precious Metals Ordinance 11. Ordinances A. Ordinance No. 11-1483: An Ordinance RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C- C (Community Business) Zoning District Approved 12. Future Meeting Topics 13. Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c)(fl: (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is not Owned by a Public Agency; and (fl To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 7:45 p.m. Out of Executive Session at 8:51 p.m. Adjourned at 8:51 p.m. Meridian City Council Meeting Agenda -Tuesday, May 03, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting Mav 3.2011 A meeting of the Meridian City Council was called to order at 1:04 p.m., Tuesda , Ma Y Y 3, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Warren Stewart, Tom Bar , . rY Jamie Leslie, Bill Johnson, Kenny Bowers, Bruce Freckleton, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba __ X _Brad Hoaglun X Charlie Rountree X Keith Bird _X__ Mayor Tammy de Weerd De Weerd: I will go ahead and start tonight's meeting. First I'd like to welcome those in attendance for joining us here this evening. Thank you for being here. For the public record it is Tuesday, May 3rd. It's two minutes after 7:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: I do want you to know that I do have a gavel now and I was goin to start . g tonights meeting with that and I forgot. It took me eight years to get this, so I'll wait until the very end. Okay. If you will all rise and join us in the led e. p g (Pledge of Allegiance recited.} Item 3: Community Invocation De Weerd: Item No. 3 we -- is there anyone who has joined us to do the communit Y invocation? Okay. We didn t get a name, so I didn t think so. Okay. We will skip that. Item 4: Adoption of the Agenda De Weerd: And move to Item 5 and so I will move down to the podium. Hoaglun: Do you want to do No. 4? Adopt the agenda? De Weerd: Oh, yes. Adoption of the agenda. Hoaglun: Madam Mayor? Meridian City Council May 3, 2011 Page 2 of 18 De Weerd: Mr. Hoaglun. Hoaglun: Just a couple items to note on tonight's agenda. Under Item 6, Consent Agenda, there is a request to move 6-E to Item 8 and I will do that when we get to the Consent Agenda. And also under Item 11, Ordinances,11-A is Ordinance No. 11-1483. So, Madam Mayor, I move the adoption of the agenda as presented. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as presented. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Proclamation for Building Safety Month De Weerd: I was so excited about my gavel I forgot myself. Okay. Item 5-A is a proclamation on Building Safety Month. I will ask Bruce Freckleton to, please, come forward and after I read this I will present it to you. Probably should just ask you to read it. You're going to get sick of hearing me talk tonight. Okay. Whereas our city's continuing efforts to address the use of safety, energy efficiency and sustainability in the built environment that affects our citizens, provide confidence that our structures are safe and sound; whereas confidence is achieved through the devotion of our building safety, fire prevention officials, architects, engineers, builders and others in the construction industry who work year around to insure the safe construction of buildings and whereas the City of Meridian uses the international codes, the most widely adopted building safety, energy, and fire prevention codes in the nation and whereas dedicated members of the International Code Council develop and implement the highest quality codes to protect our community in the buildings where we live, work, and raise our families, and whereas the Building Safety Month is sponsored by the International Code Council and International Code Council Foundation to remind our community on the importance of building safety, green and sustainable building, pools, spa, hot tub safety and new technologies to the construction industry, therefore, I, Mayor Tammy de Weerd, do hereby proclaim May 2011 as Building Safety Month and call upon the people of the City of Meridian to join their follow citizens across the United States and recognizing and participating in this special observance. So, I will present this to you, Bruce, and we appreciate what you and your staff do on behalf of assuring that our buildings are safe and, please, extend our appreciation to them. Freckleton: Just want to thank you, Mayor and Council, for helping us to recognize Building Safety Month and raise awareness to the efforts of my division and, you know, all the efforts that they go through to insure that we have safe and sustainable buildings in Meridian. So, thank you. Meridian City Council May 3, 2011 Page 3 of 18 De Weerd: Thank you. And we do appreciate that. You know, when we have our built community we want to make sure that what we are passing on to future generations don't come back and they call me some day, my kids saying what were you thinking. And I will give them your phone number. B. Proclamation for National Historic Preservation Month De Weerd: Okay. Our next item under 5-B, our proclamation for National Historical Preservation Month and I will ask our HPC members to come forward and, Council, if you don't mind, I will also do the presentation under 7-A after I read this proclamation, since I will have all of them up front with me. So, Walt and Steve and Frank and Lila and Earl, if you would like to join us, you certainly represent many of our efforts in the history of this city. For those of you in attendance, our Historical Preservation Commission has a couple of -- three of our members and our local historian -- we say Lila Hill is certainly our local historian, but so is Frank Thomason. So, Steve Turney, Walt Lindgren and Lila and Frank, thank you for being here. So, I will read our proclamation. Whereas historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride, and maintaining community character while enhancing livability and whereas historic preservation is relevant for communities across the nation, both urban and rural, and Americans of all ages, all walks of life, and all ethnic backgrounds and whereas it is important to celebrate the roll of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible assets of heritage that has shaped us as people .and whereas celebrating America's treasures is the theme for National Preservation Month 2010 -- and is that really 2010 or 2011 ? Got it. Yes. Okay. We have to make a change to this. Co-sponsored by the City of Meridian and the National Trust For Historic Preservation, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim May 2011 as National Preservation Month and call upon the people of the City of Meridian to join as fellow citizens across the United States in recognizing and participating in this special observance. And this is signed today, the 3rd day of May. I would like to present it to our outgoing member as just a token of our appreciation for many of the things that you have done for the national preservation -- or our national preservation and our city's preservation of our -- the important history of our city. Item 7: Community ItemslPresentations A. Recognition and Award Presentation to Walter Lindgren for Nine Years of Service as a Historic Preservation Commissioner De Weerd: And, Walt, while I have you up here -- and I would like to present several things on behalf of the city and your fellow commission members. Walt has been a member of the Meridian Historic Preservation Commission since being appointed by Mayor Bob Corrie on April 23rd, 2002. Walt served as chair of the HPC for many years. Meridian City Council May 3, 2011 Page 4 of 18 Walt has chosen to step down and we wanted to take a moment to note some of the accomplishments that has happened during his tenure on this commission. Walt has been involved in a numberof our projects and here is an example of some of those. He has been actively engaged in the Meridian Development Corporation to work on our gateway signage. He helped to design the signage for the new City Hall. All those panels that are in the plaza that depict a lot of the design elements of our City Hall and the plaza, Walt and Lila and Frank and -- yes. And Marge -- we spent time trying to -- to portray the significance of a lot of those design elements and I will tell you what, Walt spent a lot of time and his great talent in putting those together for the city. The HPC added four properties to the national registry while he was serving. He was instrumental in designing the historic markers around our downtown for those sites that are on the register. While as chairman he assisted the commission in obtaining a national presence by involving the commission with the national trust for historic preservation and the National Alliance .For Historic Preservation Commissions. He worked with the state historic preservation office to gain additional monies to provide some of the necessary funding for nominations to our national registry. He prepared and designed the current walking tour brochures and he worked very closely with the commission to film and produce a DVD video of the walking tour of our downtown. So, we did want to take a moment to really recognize Walt and the years that he put, but more so it wasn't the years, it was -- if you weren't impressed with that list of accomplishments that HPC has been able to achieve during his tenure -- we are extremely proud of where our HPC has come over the last numberof years and I know a lot of that was driven by your passion for preserving our history here in our city. So, in recognition of your many years as dedicated service to the Meridian HPC, your reliability, diligence, and commitment to preserving the character and fabric or our historically. significant areas and structures within the City of Meridian in order to honor and preserve its rich heritage for future generations have been greatly appreciated. Thank you so much for your service. Frank or Steve, would you like to present this to Walt. Okay. Turney: Thank you, Madam Mayor. It is my great privilege to present this on behalf of the Meridian Historic Preservation Commission for Walt's great service to the City of Meridian. It says that Meridian, Idaho, presented to Walt -- Walter Lindgren in recognition of services on the Meridian Historic Preservation Commission, April 23rd, 2002, May 10th, 2011. That's how long he's been -- Lindgren: Thank you, Mayor. I just want to say thank you all for attending and thank you especially to the Mayor and the Council for -- for, one, affording the commission to do what we needed to do. You have always been generous about the funding that we have had. I hope we have been good caretakers and stewards of that money. Also to the commission that is here and those that aren't here, Steve Turney, Dr. Frank Thomason, and Dr. Tom, who is now the current chair, Carol Harms, all the work that -- and also Jacy Jones and Bill Nary has done for our commission has been wonderful and I just know the commission is in really capable hands and, hopefully, there is new blood that could help relive and generate new passion for the city. I trust that that's going to happen. So, thank you again, Mayor. Appreciate it. Thank you very much. Meridian City Council May 3, 2011 Page 5 of 18 Rountree: Thank you, Walt. De Weerd: And we have been very impressed -- we have three letters of interest that we will be meeting with to designate your replacement and certainly new blood is good, but we really appreciate the time and the talent that you have given to that commission. So, thank you. Item 6: Consent Agenda A. Approve Minutes of April 12, 2011 City Council Meeting B. Approve Minutes of April 19, 2011 City Council Regular Meeting C. Approve Minutes of April 19, 2011 City Council Pre-Council Meeting D. Mutual Aid and Assistance Agreement Between the City of Meridian and the Idaho Intrastate WaterlWastewaterRgency Response Network (IDWARN) F. Professional Services Agreement with Bethany Gadzinski for Evaluation Services of the Meridian's Anti-Drug Coalition (MADC) Recognize Program for aNot-to-Exceed Amount of $15,000.00 G. Pedestrian Pathway Easement with The Traditions by Amyx II, LLP for a Proposed Multi-Use Pedestrian Pathway Located in Zebulon Heights Subdivision No. 3 H. Development Agreement for Approval: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from. the C-N (Neighborhood Business) to the C-C Community Business) Zoning District I. Approval of New Beer and Wine License Application from Joy Garden LLC dba Joy Garden; Located at 2951 E. Overland Rd. Suite # 125. J. Approval of 2011-2012 Beer and Wine License Renewals as follows: EI Tenampa Restaurant 906 N. Main St. Meridian City Council May 3, 2011 Page 6 of 18 Chronic Tacos 3240 E. Louise De Weerd: Item No. 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As I mentioned earlier when we were doing adoption of the agenda, we do have one item on the Consent Agenda that needs to be -- has been requested to remove it and we will move it to Item 8, appropriately named Items Moved From Consent Agenda. So, by removing 6-E, everything else remains the same, I move the approval of the Consent Agenda with the change. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. If there is no discussion, Madam Clerk, will you, please, call roll. Zaremba: Madam Mayor? De Weerd: Oh, Mr. Zaremba. Zaremba: Would the maker of the motion like to authorize the Mayor to sign and the Clerk to attest? Hoaglun: I would. Thank you. And the Mayor to sign and the Clerk to attest. Rountree: Second concurs. De Weerd: That's always important. Thank you, Mr. Zaremba. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Community ItemslPresentations B. Idaho Power Easy Upgrades Program De Weerd: Okay. We will move to -- we did l-A. We will move to 7-B, which is the Idaho Power Easy Upgrades program. The city is the recipient of the Idaho Power's Easy Upgrades program award for energy efficiency improvements which came with a 1,500 dollar check and I guess I would like Eric Jensen to come up front, as I tell you Meridian City Council May 3, 2011 Page7of18 about this. I will present this to him. I know that they have seen this. John, do you want to come up as well. This award acknowledges the city's commitment to energy efficiency, as well as its partnership with Idaho Power in achieving our energy goals. We are especially proud of our inaugural Energy Star compliance and that was where we achieved free cooling by using a website economizer to cool IT's server room. As you know, those are not my words; I'm just telling you what it says in front of me. But that was a really big deal and I appreciate Eric's efforts in really finding better efficiencies and working with some of our consultants and John's leadership as well in making sure that this -- this LEAD certified building is actually achieving the energy efficiency that we have really desired as we designed and built this beautiful building. The cooling is achieved by using outside air in the late fall and winter months where temperatures are below 50 degrees. Mechanical cooling is done during the remainder of the year resulting in a significant reduction of energy required to maintain temperature for the server room at a control point. This effort was lead by Eric and in collaboration with one of our key vendors Climatech and so I would like to present this to you, Eric, for all of your -- your efforts and your diligence in making sure that this was achieved. Jensen: I'd just like to say that I have had a lot of great support from my manager John and from my Public Works director-- been very supportive in -- in anything that we have been able to find to increase the efficiency of our building. This was something that was available to us that we were able to do relatively inexpensively with Idaho Power's help and to really help lower our power bills and to extend the life of the equipment and I appreciate the support that they have given me on -- on doing this upgrade and some of the other projects which we have ongoing. Thank you. De Weerd: Thank you. Thank you, John. C. Presentation of the 2010 American Council of Engineering Companies (ACEC) of Idaho Engineering Excellence Award to the City of Meridian for the Reclaimed Water Booster Station De Weerd: Okay. Under l-C is a presentation of the 2010 American Council of Engineering Companies for the Idaho Engineering Excellence Award to the City of Meridian for our reclaimed water booster station. And so I will ask that Tracy Crane and Clint -- if you both will come forward. I would also like Carl Hipwell to join us as well, as he submitted this project, and also -- well, you already knew I was going to call you forward. As part of the City of Meridian's reclaimed water program, Public Works initiated this project in -- in 2009 to design and construct the reclaimed water booster station and water storage tanks. The city hired the design .build team of Farmer Engineering and, Carl, we appreciate you being here with us tonight and J.C. Constructors for this project. The project represents a significant step towards effectively distributing pressurized Class A reclaimed water from our wastewater treatment to end users, such as subdivisions, golf courses, city parks and car washes, soon to be. The reclaimed water booster station and reservoir project provides a substantial part of the backbone necessary to expand our reclaimed water program in Meridian City Council May 3, 2011 Page 8 of 18 the City of Meridian for decades to come. The core Public Works team of Clint, Tracy, and Roxanne, worked collaboratively with the design build team to construct the facilities that received the first place award of the American Council of Engineering Companies of Idaho as part of their 2011 Engineering Excellence awards. You heard a lot about our reclaimed water project in my State of the City. We have received a lot of recognition for the ingenuity and the -- the uniqueness and the stewardship that the city is showing through this program. So, I am very honored to represent this to you and your leadership in achieving this wonderful program that I know our community will benefit from for decades. So, thank you all for being here. So, comment? Dolsby: Thank you. This project was a really important project for the Public Works Department to expand our reclaimed water program and to move towards a pressurized system for our reclaimed water and not only that, but this project kind of lays the cornerstone for the future expansion of our reclaimed water system, so that we can reach out to more users. You know, we have been looking at several different opportunities. As the Mayor mentioned, we have got a car wash coming online in the spring. Love to reach out to a golf course in the near future, looking at other opportunities for expansion of the program and this project really lays the framework for that expansion. So, thank you. De Weerd: Thank you. Well, we look forward to the Ten Mile interchange opening up, so you can really use that water. So, thank you all for being here. And thank you, Tom. Hoaglun: Madam Mayor, as you're repositioning everything, since you're handing out so many awards, I just want to make mention of today you received a special award from the Meridian Chamber of Commerce and it was a Friend of Meridian Business and so congratulations to you for that. I know you have -- you have a heart for small business and big business and getting jobs to Meridian and growing jobs in Meridian, so I thought that was a great honor you received from Meridian chamber today. So, congratulations on that. De Weerd: Thank you. Yeah. I was very honored to be there and receive that recognition, but certainly as anything I do it is the people that make things happen and my office, our directors, our City Council, that create an environment in our community that our small businesses are finding they can thrive in and that's important. Hoaglun: Thank you. Item 8: Items Moved From Consent Agenda E. Approval of Agreement with Ada County Highway District and Up-Front Appropriation of Funds for aNot-To-Exceed Amount of $144,815.76 for Construction of the Franklin Road - Touchmark to Five Mile Project Meridian City Council May 3, 2011 Page 9 of 18 De Weerd: Okay. Item 6-E was pulled from our Consent Agenda, so we will hear the item at this time. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, we had asked to move that item for a separate discussion, just to make it clear in the report there was two actions really needed by the Council and really for the purpose of transparency wanted to make sure it was clear that what we are asking the Council to do is approve the agreement with the Ada County Highway District for construction of the Franklin Road, Touchmark to Five Mile project, which is a Public Works project. And, then, in addition to that, authorize the purchasing department to disperse construction funds to ACRD in an amount not to exceed $144,875.76. It's a little unusual on this type of project, only because ACRD I believe --and Mr. Stewart can correct me if I have stated it wrong --ACHD is managing the project, but ITD is bidding the project. The money is already funded and it's already in their budget, so it really is just they are required to post the money upfront as part of the project or part of the ITD requirement. So, it's a little unusual, but --and if I have got that wrong, Mr. Stewart can fix that, but, anyway, we wanted to make sure both actions were covered by the Council's action and it was clear there was two things being asked and we weren't certain in the way it was presented on the agenda, but clear enough, so we wanted to make sure itwas clear. De Weerd: Thank you for that clarity. Anything that you want to add, Warren? Stewart: No. I think he pretty much covered it. Basically because federal funding is being distributed through ITD to help fund the project we have to have sort of our matching funds or our contribution paid up front before they will go ahead and bid the project. So, typically on a regular ACHD project we wouldn't have to do that, but in this case we do. De Weerd: Okay. Thank you. Council, any questions? Rountree: I have none. De Weerd: If none, I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the agreement with ACHD forthe Touchmark to Five Mile project on Franklin Road and authorize the disbursement of $144,875.76 through Public Works to ACRD. Meridian City Council May 3, 2011 Page 10 of 18 Zaremba: Second. De Weerd: I have a motion and a second. I appreciate your down-to-the-cent motion. Any discussion from Council? Okay. Zaremba: The second repeats, because I didn't have my microphone on. De Weerd: Oh. Thank you. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Action Items A. Public Hearing: TEC 11-002 Pinebridge Subdivision by BW Meridian, Inc. Located South of E. Fairview Avenue, East of N. Locust Grove Road and West of N. Eagle Road and North of E. Commercial Street Request :Two (2) Year Time Extension on the Preliminary Platto Obtain the City Engineer's Signature on the Final Plat De Weerd: Under 9-A we have a public hearing on TEC 11-002. I will open the public hearing with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. This is a request for a time extension on the preliminary plat of Pinebridge. The request has been put forward in order to obtain the city engineer's signature on the final plat. The final plat has not been approved as yet and we had granted the. first administrative extension back in 2009. The applicant is in the process of getting a final plat -- first phrase final plat approved, however, there wasn't enough time to get that approved to keep the project alive, so they submitted the request for this second time extension. The requested time extension is for two years to obtain the city engineer's signature. We have reviewed it, we have no additional conditions that we would add at this time and recommend approval. De Weerd: Thank you. Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Would the applicant like to make comment? Good evening. Meridian City Council May 3, 2011 Page 11 of 18 Torfin: Good evening -- De Weerd: If you will, please, state your name and address for the record. Torfin: -- Madam Mayor, Members of the Council -- yes. Dan Torfin and I am representing -- it says BW, Inc., Dennis Baker, DMB Investments and sometimes myself. This is -- maybe it's a formality. We have made progress out in our project and we do have a final plat that is going through the process right now to support one of the. campuses that's under construction and so I don't have a lot to add. I agree with staffs recommendation and so really I'm here to stand for any questions and that's it. De Weerd: Okay. Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Torfin: Thank you. De Weerd: Thank you, Dan. It's been awhile. We are glad to see you. And glad to see all the activity that's going on out there. Mike, would you like to provide comment? It's nice to see you as well. Ford: Michael Ford. 1098 North Hickory, Suite 140, in Meridian. I am the real estate manager for the Yonke family. We own the property in the Gem Tone Subdivision adjacent to Pinebridge and we would just stand in favor of Dennis' request. De Weerd: Thank you. Appreciate you being here. See, now, Dan, I was going to give you a hard time. I'd love to see something in that roundabout. I was going to give you a hard time about it, so I missed my opportunity. Just please note for the public record I did mention the roundabout. Any further comment from staff? Friedman: Madam Mayor, no comments related to this, but we did have the conversation with Mr. Torfin today and that was the subject of the conversation also. I think in the future you might be seeing something out there. De Weerd: Okay. Any additional questions? Any further testimony? I don't assume so, but never assume. Okay. If there is nothing further, Council, I would entertain a motion to close. Bird: So moved. Hoaglun: Second. Meridian City Council May 3, 2011 Page 12 of 18 De Weerd: I have a motion and a second to close the ublic hearin on ' p g this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion on Item 9-A? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 11-002 with applicant and staff comment. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you for joining us. Zaremba: Madam Mayor? There are some meetings at which the chairman of the meeting would pound the gavel after a measure has been passed. De Weerd: Thank you. Okay. That was enough. Bird: I was going to say -- David. Zaremba: Just thought I would .point that out. Item 10: Department Reports A. Legal Department: Memorandum of Understanding to Amend Current Collective Bargaining Agreement between the City of Meridian and I.A.F.F. Local 4627 to Allow Employees to Return to a Former Classification De Weerd: Item 10-A is under our Legal Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. This is a memorandum of understanding with the collective bargaining agreement that we have with the Local Meridian City Council May 3, 2011 Page 13 of 18 4627 of our fire department. This is an agreement that has been worked out by the fire administration and our office, along with the leadership of the union. Tonight Deputy Chief Johnson is here, as well as president of the union Grant Hamilton. We think this is a very positive step forward for both the city and the union. This agreement will allow employees who do receive promotions to have the ability to return to their former positions, if the position is available. It's a very common practice in a lot of departments. Our current collective bargaining agreement didn't have any language like this. We think it's -- again, it's a very positive step forward. If you have specific questions or concerns Chief Johnson or Grant Hamilton could probably answer those for you. De Weerd: Okay. Council, any questions on this item? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A question for Bill. Under paragraph two of process, Item B, there is clear direction in this piece about how to do things and who can do what, but this specifically says that the chief, after consultation with the president, shall approve or deny and there is steps laid out of the things you have to do to meet in order to be accepted for this reclassification, but there is nothing that gives any direction to anybody for what would constitute a denial. Is that going to be up to the chief and created at that point in time, if, in fact, that would be the case? Nary: Madam Mayor, Members of the Council, the language -- Council Member Rountree, the language consultation was specifically discussed between the city and the union -- first, the idea was to make sure that the union had some opportunity to voice their opinion. The underlying agreement gives the chief always the --the ultimate authority on transfers, changes, promotions, demotions. So, this really is -- I guess I believe dovetails the same language that already exists -- Rountree: Okay. Nary: -- in the current agreement. Rountree: Okay. Thank you. De Weerd: Okay. Any further questions? Any comments, Bill or Grant? Johnson: On behalf of the fire department administration I want to thank the union for their willingness to work on this. It actually does provide a great tool for us. One of the things that's been missing in the department is the ability to mentor firefighters to bring them up into administration, because there was no place for them to go and we have Meridian City Council May 3, 2011 Page 14 of 18 got a lot of great captains in the department, if one of them moves up into a division chief position, all of a sudden he finds out that that's not for him, there is no place for him to go, other than, you know, leave the department or something. With this we have the ability to put them back into a position where they are a great service to the city. So, with that -- De Weerd: Well, we appreciate the -- working together to find what's best for the citizens of Meridian and the service and certainly if it doesn't work at that new level we don't want to lose talent. Johnson: Thank you, Madam Mayor. De Weerd: Thank you. Any additional comments from our City Council Members? Bird: I have none. De Weerd: Okay. Bird: Madam Mayor? Bird: I would move that we approve the MOU with the Local 4627 to allow employees to return to their former classification and forthe Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve this item under 10-A. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Mayor's Office: Update on the Mayor's Task Force for Precious Metals Ordinance De Weerd: Council, this next item under 10-B, I left your handouts upstairs, so I apologize. So, I will just give you a verbal update and apologize to Robert, who got them all done and they are .still sitting on my desk. We had several people who expressed an interest in serving on our precious metals task force and I have spoken to most of them this evening to kind of narrow that list. Several of them were not Meridian residents and I felt that if we were crafting an ordinance that applied to our community they should be community centered. So, they should be citizens or businesses within our city limits. So, Council, I do have a list that for the most part I have talked to either just tonight or recently. Mike Williams, he is with Old Money Company, he is the coin Meridian City Council May 3, 2011 Page 15 of 18 shop who was here during our public hearing. He has agreed to serve. Mary Ann Watson with Meridian Coin and Pawn. Again, she was here that evening and expressed her interest and I have not been able to talk verbally with her, but I will confirm that tomorrow. Todd Thompson with Diamond Fine Jewelry, he brought a unique concern that we felt was important to have represented on this committee as well. As citizen representative Judith Cahill is a Meridian citizen. Doug Mason also a citizen. And Valerie James. They all -- I have talked with each of them and they are anxious and interested to serve. I have also asked Wayne Hoffman with the Idaho Freedom Foundation if we could utilize his attorney that help the City of Meridian with their verbiage. Nary: Nampa. De Weerd: I'm sorry. With the City of Nampa. To help the City of Meridian with our verbiage as well. And I did get an a-mail from him yesterday that said that he would get back with me on the availability of his attorney and I haven't heard back. Mr. Nary, have you? Nary: I have not. De Weerd: Okay. So, that is the only outstanding -- we have Emily Kane from our city attorney's office and Chief Lavey from the police department. I do have an alternate in case any of these -- the citizen positions with Rick Nefhammer, that I will call him if we need an alternate. So, I would ask if you have questions. Rountree: Madam Mayor, just -- are all of these people going to serve on or is this the pool of people you will be selecting from? De Weerd: That is the people that will serve on, yes. Rountree: Okay. De Weerd: Like I said, there were a number of other people who. expressed an interest. I was concerned that it would get too big and, as I mentioned, there were several that weren't citizens of our community. Rountree: I agree with that criterion. De Weerd: Okay. Very good. Well -- Zaremba: Madam Mayor? De Weerd: I will -- my office will be calling them and setting up the first meeting. We hope to have that within a couple of weeks. Mr. Zaremba. Meridian City Council May 3, 2011 Page 16 of 18 Zaremba: I was just going to just add that it sounds like a well rounded list and I agree with having them be either a Meridian resident or a Meridian business. I think that was a good choice and the list sounds good to me. De Weerd: Thank you.. Many of them were in attendance, so I do believe we have many opinions. Item 11: Ordinances A. Ordinance No. 11-1483: An Ordinance RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the CC (Community Business) Zoning District De Weerd: Okay. The next item, Item 11-A, is ordinance 11-1483. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian ordinance number 11-1483, an ordinance RZ 10-006, Somerton Subdivision for the rezone of a parcel of land located in the northwest one quarter of Section 20, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of 16.12 acres of land from the C-N, Neighborhood Business Zoning District, to the C-C, Community Business Zoning .District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De ,Weerd: Thank you. You have heard this item read by title only. Is there anyone who would like to hear it read in its entirety? Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 11-1483 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 11-A. I need to go to bed. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council May 3, 2011 Page 17 of 18 De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics De Weerd: Under Item 12, future meeting topics, any topics to be brought u from p Councilor staff? Thank you. Item 13: Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is not Owned by a Public Agency; and (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Under Item 13 we have an Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION. (7:45 p.m. to 8:51 p.m.) Rountree: Madam Mayor, I move that we come out of Executive Session. Hoaglun: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Motion carried. Meridian City Council May 3, 2011 Page 18 of 18 MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we adjourn. Bird: Second. De Weerd: I have a motion and a second to adjourn. All those in favor 1 say aye. Rountree: Gavel. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 8:51 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) a, ~` MAYO R T Y~,~e ~W~ D ~° ~~ ~'~ a ~~ `" 4 TT~ST' r (~E ~' ,~~, ~,~ ~~ ~~> ~'~ ~~~ ~, ~" ~ ~r~ ~ a ~ ,,~~ ~ ~~~ ~ ~~~ ~~. ~~ ,l I~ ~'~$~~ y~~ ~5, /c~ i Z~~/ DATE APPROVED OLMAN, CITY CLERK Changes to Agenda; None Item #9.A: Pinebridge (TEC-11.002) Application(s): RE c.~.~v MAY o ~ zo~~ CITY OFCf,~~E,~IA;~, ~~N CLERKS OF - Request fora 2 year time extension on the prelimina lat to obtain h lat b Ma 7 ry p t o City Engineers signature on a final p y y , 2013 Size of property, existing zoning, and location; This site consists of 17 + - 0 1 acres, is currently zoned C-G, and is located south of E, Fairview Avenue, east of N. Locust Grove Road west of N. Eagle Road, and north of E. Commercial Street. Summary of Request; This is the second time extension re uested for the s ' sub'ect time ex ~ q ubJect preliminary plat. Approval of the ~ tension will allow the applicant to proceed with the platting process, If the sub ect tim ' granted, the entire ro ert would need to b 1 e extension is not p p y e resubmitted for preliminary plat approval. Written Testimony; None Staff Recommendation: Approval Notes: Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Proclamation for Building Safet Month Y MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES ~~E IDIAN~-~- IDAHO The Office of the Mayor PROCLAMATION Whereas, our City's continuin efforts to address ' ' ' g the critical issues of safety, energy efficiency and sustainability in the built environment that affect our citizens provide confidence that our structures are safe and sound• and Whereas, confidence is achieved throu the devotion of ' gh our building safety, fire prevention officials, architects, engineers, builders, and others in the construction industry who work year-round to ensure the safe construction of buildings; and Whereas, the City of Meridian uses the International Codes th ' e most widely adopted building safety, energy and fire prevention codes in the nation• and ' Whereas, dedicated members of the International Code Council develop and implement the highest quality codes to protect our communit in the Y buildings where we live, work, and raise our families; and Whereas, Building Safety Month is s onsored b the Internationa ' P y 1 Code Council and International Code Council Foundation, to remind our communit on the Y importance of building safety; green and sustainable building; pool, s a p and hot tub safety; and new technologies in the construction Indust . ry Therefore, I, Tammy de Weerd, Mayor of the Cit of Meridian do her ' y eby proclaim May 2011, as Building Safety Month and call upon the people of Meridian to join their fellow citizens across the United States in recognizing and participating in this special observance. Dated this 3rd day of May, 2011. Tammy de Weerd, Mayor Charlie Rountree, City Council David Zaremba, City Council Keith Bird, City Council Brad Hoaglun, City Council Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 56 PROJECT NUMBER: ITEM TITLE: Proclamation for National Historic Preservation Month MEETING NOTES V CLERKS OFFICE FINAL ACTION DATE: E•MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~E IDIAN~-- IDAHO The 0~ice of the Mayor PROCLAMATION Whereas, historic preservation is an eff~tive tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and Whereas, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and Whereas, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helpng to preserve the tangible aspects of the heritage that has shaped us as a people; and Whereas, "Celebrating America's Treasures" is the theme for National Preservation Month 2010, co-sponsored by City of Meridian and the National Trust for Historic Preservation; Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim May 2011, as National Preservation Month and call upon the people of Meridian to jon their fellow citizens across the United States in recognizing and participating in this special observance. Dated this 3rd day of May, 2011. Tammy de Weerd, Mayor Charlie Rountree, City Council David Zaremba, City Council Keith Bird, City Council Brad Hoaglun, City Council Meridian City Council Meeting C 5c~ DATE: May 3, 2011 ITEM NUMBER: 7,4 PROJECT NUMBER: ITEM TITLE: Recognition and Award Presentation to Walter Lin dgren for Nine Years of Service as a Historic Preservation Commissioner MEETING NOTES ~ --~ sc~ n~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Walter Lindgren, has been a member of the Meridian Historic Preservation Commission since being appointed by Mayor Bob Corrie on Apri123, 2002. Walt served as Chair of the HPC for many years. Walt has chosen to step down from HPC at this time, but we wanted take a moment to make note of his many accomplishments. Walt has been involved in the following projects during his tenure on the Commission: • Actively engaged with Meridian Development Corporation to work on Meridian Gateway signage • Worked to help design the signage for the new City Hall • The HPC added 4 properties to the National Registry while he was serving • He was instrumental in designing the Historic Markers around our downtown for the Registry properties • While as Chairman he assisted the Commission in obtaining a national presence by involving the Commission with the National Trust for Historic Preservation and the National Alliance of Historic Preservation Commissions. • Worked with the State Historic Preservation Office to gain additional monies to provide some of the necessary funding for nominations to the national registry • Prepared and designed the current Walking Tour brochures • Worked closely with the Commission to film and produce a DVD video of the Walking Tour of Old Town We wanted to take this time to thank him for his service and dedication to the acknowledgement of Meridian's history. Walt has been, will continue to be, a vital community resource for the City of Meridian in bridging its past and its future. Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 12, 2011 City Council Meetin g MEETING NOTES ~~~d CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 6g PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 19, 2011 City Council Re ular Meetin ~ g MEETING NOTES ~` CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TtJ STAFF SENT TO AGENCY SENT TO APPLICANT NOT S E INITIALS Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 19, 2011 City Council Pre-Council Meetin g MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Mutual Aid and Assistance Agreement Between the City of Meridian and the Idaho Intrastate Water/Wastewater Agency Response Network (IDWARNj MEETING NQTES No ~riSi ~a-Q-2~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT N OTES INITIALS ~_ MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK (IDWARN) This Mutual Aid and Assistance Agreement for the Idaho Intrastate Water/Wastewater Agency Response Network (this "Agreement") is made and entered into b ublic and rivate .., yp p water and wastewater utilities and other interested parties that have, by executin this . .. g Agreement, manifested their intent to participate In the Program. RECITALS .~~ A. Idaho Code section 67 authorizes one (1) or more public agencies to contract to perform any governmental service, activity or undertaking which each public agency enterin g into the contract is authorized by law to perform, B. Insuring that water and wastewater systems provide and maintain water and wastewater services that promote the safety, health, comfort and convenience of the residents and visitors of Idaho communities is a fundamental function of government. C. Utilities in Idaho have a duty to provide and maintain their service to promote the safety, health, comfort and convenience of patrons, employees, and the public. D. The private and public entities executing this Agreement receive a reciprocal benefit by establishing processes to provide and receive assistance in advance of an emergency. E. The parties herein specifically intend not to create a joint powers agreement as authorized by Idaho Code Sections 67-2326 through 67-2333. AGREEMENT NOW, THEREFORE, in consideration of the covenants and obligations set forth in this Agreement, and the recitals set forth above, which are incorporated herein as if set forth in full, the parties agree as follows. ARTICLE I. PURPOSE Recognizing that emergencies may require aid or assistance in the form of personnel, equipment, and supplies from outside the area of impact, the signatory utilities hereby establish the Program. Through the Program, Members coordinate response activities and share resources during emergencies. This Agreement sets forth the procedures and standards for the administration of the Program. 4/11/2011 MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK Page 1 of 11 1 ~ s Members do not intend and shall not create a joint powers agreement as authorized by ~`'~ Idaho Code Sections 67-2326 through 67-2333 but, rather, wish to enter into a mutual aid and assistance agreement with each other to carry out the stated purposes herein. ARTICLE II. DEFINITIONS A. Authorized Official: An employee or officer of a Member that is authorized to: 1. Request assistance; 2. Offer assistance; 3. Refuse to offer assistance; or, 4. Withdraw assistance under this Agreement. B. Emergency: A natural or human caused event or circumstance causing, or imminently threatening to cause, loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot, international acts, sabotage and war that is, or could reasonably be beyond the capability of the services, personnel, equipment and facilities of a Program Member to fully manage and mitigate internally. C. Members: l . Member. Any public or private water or wastewater utility that manifests intent to participate in the Program by executing this Agreement. 2. Associate Member: Any non-utility participant approved by the Statewide Committee that provides a support role for the Program, is a member of the Statewide Committee established under Article III, and that has executed this Agreement as an Associate Member. 3. Requesting Member: A Member who requests aid or assistance under the Program. 4. Responding Member: A Member who offers aid or assistance under the Program. 5. Non-responding Member: A Member or Associate Member that does not provide aid or assistance during a Period of Assistance under the Program. D. Confidential Information: Any document shared with any signatory of this Agreement that is marked confidential, including but not limited to any map, report, notes, papers, opinion, or a-mail which relates to the system vulnerabilities of a Member or Associate Member and which is not required to be disclosed pursuant to Idaho Public Records Laws, Idaho Code Sections 9-3 3 7 through 9-3 50. E. Period of Assistance: A specified period of time when a Responding Member assists a Requesting Member. The period commences when personnel, equipment, or supplies ~. depart from Responding Member's facility and ends when the personnel, equipment, or supplies 4/11 /2011 MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATERRGENCY RESPONSE NETWORK Page 2 of 11 ' ' ortal .All rotections identified in this Agreement apply during return to such facility (portal to p ) p '~'' ~ ' d of Assistance ma occur during response to or recovery from an this penod. The Peno Y Emergency. The interstate ro am for mutual aid and assistance established by this F. Program. p ~' Agreement. ' nal Incident Mana ement System (NIMS): A national, standardized G. Natio g ' ident mana ement and res onse that sets uniform processes and procedures for approach to inc g p emergency response operations. ARTICLE III. ADMINISTRATION The Pro shall be administered through a Statewide Committee. The Statewide Committee under the leadership of an elected chairperson, shall meet at least annually to address Pro am issues. The Statewide Committee shall also meet at least annually to review emergency ~' re aredness and res onse rocedures. The Statewide Committee shall represent the interests of pp p p the Members and Associate Members. In addition, the Statewide Committee includes representatives from the following: United States Environmental Protection Agency (USEPA); American Water Works Association (AWWA); Federal Bureau of Investigation (FBI); Idaho .~. Department of Environmental Quality (IDEQ}; Idaho Air National Guard; Bureau of Homeland Security (BHS); Idaho Rural Water Association (IRWA); Idaho Emergency Management Association (IEMA). Under the leadership of the chairperson, the Statewide Committee members shall plan and coordinate emer enc lannin and res onse activities for the Program. At its first meeting, g Yp g p the Statewide Committee shall establish initial membership of the committee and procedures for administration of the Statewide Committee, including meeting procedures and voting procedures. ARTICLE IV. PROCEDURES In coordination with the Idaho emergency management and the Idaho public health system, .the Statewide Committee shall develop operational and planning procedures for the Program. The procedures shall be reviewed at least annually and updated as needed by the Statewide Committee. ARTICLE V. REQUESTS FOR ASSISTANCE A. Member Responsibility. Members shall identify an Authorized Official and alternates; provide contact information including twenty-four (24) hour access; and, maintain resource information that may be available from the Member for mutual aid and assistance .~.. 4/11/201 l MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATERRGENCY RESPONSE NETWORK Page 3 of 11 res onse. The contact information shall be updated annually, or when changes occur, and p provided to the Statewide Committee. In the event of an Emergency, a Member's Authorized Official may request mutual aid and assistance from a participating Member. Requests for assistance can be made orally or in writing. When made orally, the request for personnel, equipment or supplies shall be prepared in writing as soon as practicable. Requests for assistance shall be directed to the Authorized Official of the participating Member. Specific protocols for requesting aid shall be provided in the procedures prepared under Article IV. B. Response to a Request for Assistance. Members are not obligated to respond to a request. After a Member receives a request for assistance, the Authorized Official will evaluate whether or not to respond, whether resources are available to response, or if other circumstances would hinder response. Following the evaluation, the Authorized Official shall inform, as soon as possible, the Requesting Member whether it will respond. If the Member is willing and able to provide assistance, the Member shall inform the Requesting Member about the type of available resources and the approximate arrival time of such assistance. C. Discretion of Responding Member's Authorized Official. Execution of this Agreement does not create any duty to respond to a request for assistance. When a Member receives a request for assistance, the Authorized Official shall have sole and absolute discretion as to whether or not to respond, or the availability of resources to be used in such response. An Authorized Official's decisions on the availability of resources shall be final. ARTICLE VI, RESPONDING MEMBER PERSONNEL A. National Incident Management System. When providing assistance under this Agreement, the Requesting Member and the Responding Member shall be organized and shall function under the National Incident Management System. B. Control. While employees so provided may be under the supervision of the Responding Member, the Responding Member's employees come under the direction and control of the Requesting Member, consistent with the NIMS Incident Command System to address the needs identified by the Requesting Member. The Requesting Member's Authorized Official shall coordinate response activities with the designated supervisor(s) of the Responding Member(s). The Responding Member's designated supervisor(s) shall keep accurate records of work performed by personnel during the specified Period of Assistance. C. Food and Shelter. Whenever practical, Responding Member personnel shall be self sufficient for up to seventy-two (72) hours. When possible, the Requesting Member shall supply reasonable food and shelter for Responding Member personnel. If the Requesting Member is unable to provide food and shelter for Responding Member personnel, the . Responding Member's designated supervisor is authorized to secure the resources necessary to meet the needs of its personnel. Except as provided below, the cost for such resources shall not ~ exceed the per diem reimbursement rates published by the State of Idaho Board of Examiners for the applicable period and location. To the extent food and shelter costs exceed Board of 4111 /2011 MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK Page 4 of 11 ' ' s the Res ondin Member shall demonstrate that the additional costs ,,~,` Examiners per diem rate , p g ' in 1 and necess under the circumstances. Unless otherwise agreed to in writ g, were reasonab a asY ~ for all ' Member remains res onsible for reimbursing the Responding Member the Requesting P and necess costs associated with providing food and shelter, if such resources are reasonable ary not provided by the Requesting Member. mmunication. The Re uesting Member shall provide Responding Member D. Co q . rsonnel with radio a ui ment as available, or radio frequency information to program existing pe q p ' in order to facilitate communications with local responders and Member personnel. radios, Status. Unless otherwise rovided by law, the Responding Member's officers and E. p .• ees retain the same rivile es, immunities, rights duties and benefits provided in their employ p g respective jurisdictions. F. Licenses and Permits. To the extent permitted by law, Responding Member ersonnel that hold licenses, certificates, or permits evidencing professional, mechanical, or p other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the specified Period of Assistance. G. Ri ht to Withdraw. The Responding Member's Authorized Official retains the g ri t to withdraw some or all of its resources at any time for any reason in the Responding ~ . Member's sole and absolute discretion. Notice of intention to withdraw shall be communicated to the Re uestin Member's Authorized Official as soon as is practicable under the q g '~``` circumstances. ARTICLE VII, COST REIMBURSEMENT The Requesting Member shall reimburse the Responding Member for each of the followin categories of costs incurred during the specified Period of Assistance as agreed in g whole or in part by both parties; provided, that any Responding Member may assume in whole or in art such loss, damage, expense, or other cost, or may loan such equipment or donate such p, services to the Requesting Member without charge or cost when permitted by law to make such donation. A. Personnel. The Responding Member shall be reimbursed by the Requesting Member for personnel costs incurred for work performed during the specified Period of Assistance. Responding Member personnel costs shall be calculated according to the terms provided in their employment contracts or other conditions of employment. The Responding Member's designated supervisor(s) shall keep accurate records of work performed by personnel during the specified Period of Assistance. Requesting Member reimbursement to the Responding Member should consider all personnel costs, including salaries or hourly wages, costs for fringe benefits, and indirect costs. B. Equipment. The Requesting Member shall reimburse the Responding Member ,,,.,~ for the use of equipment during the specified Period of Assistance, including, but not limited to, reasonable. rental rates, all fuel, lubrication, maintenance, transportation, and loading and 4/11/2011 MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATERRGENCY RESPONSE NETWORK Page 5 of 11 unloadin of loaned a ui ment. All equipment shall be returned to the Responding Member in ~ g qp ood workin order as soon as is practicable and reasonable under the circumstances. As a g g minimum, rates for equipment use shall be based on the Federal Emergency Management A enc 's FEMA) Schedule of Equipment Rates. If a Responding Member uses rates different g Y ( from those in the FEMA Schedule of Equipment Rates, the Responding Member shall provide such rates orally or in writing to the Requesting Member prior to supplying the equipment. Mutual a Bement on which rates are used shall be reached in writing prior to dispatch of the ~' e ui ment. Reimbursement for equipment not referenced on the FEMA Schedule of Equipment qP Rates shall be developed base on actual recovery of costs. If Responding Member leases a piece of equipment while its equipment is being repaired, Requesting Member shall reimburse Responding Member for such rental costs. C. Materials and Supplies. The Requesting Member shall reimburse the Responding Member in kind or at actual replacement cost, plus handling charges, for use of expendable or non-returnable supplies. The Responding Member shall not charge direct fees or rental charges to the Requesting Member for other supplies and reusable items that are returned to the Responding Member in a clean, damage-free condition. Reusable supplies that are returned to the Responding Member with damage shall be treated as expendable supplies for purposes of cost reimbursement. D. Payment Period. The Responding Member shall provide an itemized bill to the Requesting Member for all expenses incurred by the Responding Member while providing assistance under this Agreement. The Requesting Member shall send the itemized bill not later ~~ than ninety (90) days following the end of the Period of Assistance. The responding Member may request additional periods of time within which to submit the itemized bill, and Requesting Member shall not unreasonably withhold consent to such request. The Requesting Member shall pay the bill in full on or before the forty-fifth (45th) day following the billing date. The Requesting Member may request additional periods of time within which to pay the itemized bill, and Responding Member shall not unreasonably withhold consent to such request, provided, however, that all payment shall occur not later than one (1) year after the date a final itemized bill is submitted to the Requesting Member. E. Records. Unless prohibited by law, each Responding Member and their duly authorized representatives shall have access to a Requesting Member's books, documents, notes, reports, papers and records which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, maintenance or regulatory audit. Unless prohibited by law, each Requesting Member and their duly authorized representatives shall have access to a Responding Member's books, documents, notes, reports, papers and records which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, maintenance or regulatory audit. Such records shall be maintained for at least two (2) years (or longer where required by law). 4/l l/2011 MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK Page 6 of 11 ARTICLE VIII. ~`'~'` DISPUTES ntrovers or claim arises .out of, or relates to the execution of this Agreement, If any co y ' to alle ed breach of this Agreement, the disputing Members shall first including but not limited g attempt to resolve the dispute by negotiation. ARTICLE IX. REQUESTING MEMBER'S DUTY TO INDEMNIFY Members who are ublic entities shall be subject to this Article only to the extent p ' d b law. S ecificall , the dut of a public entity to defend, indemnify or hold harmless permute y p Y Y art shall not be extended beyond the appropriation of expenditures for such duty as any p y III Section 4 of the Idaho re uired by law, including Idaho Code Section 59-1015 and Article V , q Constitution, Further the liabilit of a public entity sha11 not be increased by this Article beyond Y the extent re uired b the Idaho Tort Claims Act, Idaho Code Title 6 Chapter 9, The Requesting q y Public Member who is not a public entity shall assume, to the extent allowed by the Idaho Utilities Commission, the defense of, and fully indemnify and hold harmless the Responding Member, its officers and employees, form all claims, loss, damage, injury and liability of every kind nature and descri tion, directly or indirectly arising from Responding Member's work p , durin a s ecified Period of Assistance. The scope of the Requesting Member s duty to g p .. 1 indemni includes, but is not /united to, suits arising from, or related to negligent or wrongfu fY use of a ui ment or supplies on loan to the Requesting Member, or faulty workmanship or other q p ~'"''~ ne 11 ent acts, errors or omissions by Requesting Member or the Responding Member personnel. gg The Re uestin Member's duty to Indemnify is subject to, and shall be complied consistently q g with, the conditions set forth in Article X. ARTICLE X. SIGNATORY INDEMNIFICATION Members who are public entities shall be subject to this Article only to the extent ermitted b law. S ecifically, the duty of a public entity to defend, indemnify or hold harmless p Y p any party shall not be extended beyond the appropriation of expenditures for such duty as r uired by law, including Idaho Code Section 59-1015 and Article VIII, Section 4 of the Idaho ~ .. ~ • Constitution. Further, the liability of a public entity shall not be increased by this Article beyond the extent required by the Idaho Tort Claims Act, Idaho Code Title 6 Chapter 9. In the event of liability, claim, demand, action, or proceeding of whatever kind or nature arising out of a specified Period of Assistance, the Members who are not public entities and receive and provide assistance shall, to the extent allowed by the Idaho Public Utilities Commission, have a .duty to defend, indemnify, save and hold harmless all Non-responding Members, their officers, agents and employees from any liability, claim, demand, action, or proceeding of whatever kind or nature arising out of a Period of Assistance. 4111 /2011 MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATERRGENCY RESPONSE NETWORK Page 7 of 11 .~ ARTICLE XI, WORKER'S COMPENSATION CLAIMS The Responding Member is responsible for rovidin worker's ' and .. p g compensation benefits administenng worker's compensation for its em to ees. The p y Requesting Member is responsible for providing worker's compensation benefits and adm' ' ' uustenng worker s compensation for its employees. ARTICLE XII. NOTICE A party who becomes aware of a claim or suit that in an a direct/ or indirec Yw Y~ y tly, contingently or otherwise, affects or might affect other Members or Associate Members of this Agreement shall provide prompt and timely notice to the Members or Associate Membe rs who maybe affected by the suit or claim. Each Member and Associate Member reserves the ri .. ght to participate in the defense of such claims or suits as necessary to protect its own interests. ARTICLE XIII. INSURANCE Members of this Agreement shall maintain an insurance polic or maintain a self Y insurance program that covers activities that it may undertake by virtue of membershi in the p Program. ARTICLE XIV. CONFIDENTIAL INFORMATION To the extent authorized by law, including the Idaho Public Records Laws, Idaho Code Sections 9-337 through 9-350, any Member or Associate Member shall maintain the strictest confidence and shall take all reasonable steps necessary to prevent the disclosure of an Y Confidential Information disclosed under this Agreement. If any Member, Associate Member third party or other entity request or demands, by subpoena or otherwise, that a Member or Associate Member disclose any Confidential Information disclosed under this A Bement the . l~' Member or Associate Member shall immediately notify the owner of the Confidential Information and shall take all reasonable. steps necessary to prevent the disclosure of an Y Confidential Information by asserting all applicable rights and privileges with res ect to such p information and shall cooperate fully in any judicial or administrative proceedin relatin g g thereto. ARTICLE XV. EFFECTIVE DATE This Agreement shall be effective aver the applicant's authorized representative executes this Agreement and the Statewide Committee receives and approves the admission of the applicant. The Statewide Committee chair shall maintain a master list of all Members and Associate Members of the Program. 4/11/2011 MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATERRGENCY RESPONSE NETWORK Page 8 of 11 • ~~ ARTICLE XVI. WITHDRAWAL A Member or Associate Member may withdraw from this Agreement by rovidin . p g written notice of its intent to withdraw to the Statewide Committee chair, Withdrawal takes effect sixty (b0) days after the Statewide Committee chair receives notice. Withdrawal from this Agreement shall in no way affect a Requesting Member's duty to reimburse a Res ondin p g Member for cost incurred dunng a Penod of Assistance, which duty shall survive such withdrawal. ARTICLE XVII. MODIFICATION No provision of this Agreement may be modified, altered or rescinded by individual parties of this Agreement. Modifications to this Agreement may be due to programmatic operational changes to support this Agreement, legislative action, creation of an interstate aid and assistance agreement, or other developments. Modifications require a simple majority vote of the Members. The Statewide Committee chair shall provide written notice to all Members and Associate Members of approved modifications to this Agreement. Approved modifications take effect sixty (60) days after the date upon which notice is sent to the Members and Associate Members. ARTICLE XVIII. SEVERABILITY The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced if this Agreement does not contain he particular term or rovision held to p be invalid. ARTICLE XIX. PRICIR AGREEMENTS This Agreement supersedes all prior Agreements between Members to the extent that such prior Agreements are inconsistent with this Agreement. ARTICLE XX. MISCELLANEOUS A. No Third Party Beneficiaries. This Agreement is for the sole benefit of the Members and no person or entity has any rights under this .Agreement as a third party beneficiary. B. Assignment Prohibited. No party may assign benefits or delegate duties created by this Agreement and such assignments and delegations are without effect. 4/11/2011 MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATERRGENCY RESPONSE NETWORK Page 9 of 11 ,.~.~ C. No Authority to Bind Other Parties or Partnershi .Nei h • p ter the Program nor any party has the authority to enter into contracts or a reements on behal ' • g f of one or more parties to .this Agreement. This Agreement does not create a artnershi • • p p between the parties and nothing contained herein shall be interpreted to create an em to er-em to ee m - ' ' . p Y p y aster servant, a ~ oint venture, or principal-agent relationship between any p in an res ect. ~Y Y p ARTICLE XXI. INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS To the extent practicable, Members of this Agreement shall artici ate in mutual ' p p a1d and assistance activities conducted under the Program and the Interstate Emer enc g y Management Assistance Compact (EMAC). Members may voluntaril a ee to artici ate in an ' • Y ~' p p interstate mutual aid and assistance program for water and wastewater utilities throw h this A eem ' g gr ent if such a program were established. IN WITNESS WHEREOF, the Members and Associate Members executin a si afore g ~ page attached hereto have entered into this Agreement effective as set forth in Article XV above. This Agreement maybe executed in counterparts by the execution of si afore a es. Each such ~ pg counterpart shall be deemed as an original all of which together with the terms herein shall be considered one and the same Agreement. 4/11/2011 MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATERRGENCY RESPONSE NETWORK Page 10 of l 1 SIGNATURE PAGE MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK (IDWARN) 4/11/2011 MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK Page 11 of 11 Its: Date: April 12, 2011 The Honorable Tammy De Weerd City of Meridian 33 E Broadway Avenue Meridian, ID 83642 Subject: Mutual Aid and Assistance Agreement for IDWARN Dear Mayor De Weerd: As noted on the IDWARN website and other information, the IDWARN steering committee reviews suggestions for improvement of the MAA and revises the M:AA as needed on a yearly basis. The Mutual Aid and Assistance Agreement (MA.A) was recently review by the Attorney General's office and some minor revisions were suggested. We thank you and value your participation in The Idaho Intrastate Water/Wastewater Agency Response Network (IDWARN). We ask that you review the revisions and if you agree, sign the ~ signature page and return the Agreement to Don Lee at the address below. Don Lee Department of Environmental Quality 1410 N. Hilton Boise, ID 8370b I have also enclosed a copy of specifically what the changes/additions to the Agreement were. Deletions are noted with black strikeout, and additions are shown in pink. The MAA is not mandatory for registration in IDWARN and regardless of the changes to the MAA the City of Boise will remain registered for IDWARN. However, the IDWARN steering committee requests that the City of Boise please sign and return the attached 2011 version of the MA.A as soon as possible. If you have questions regarding the changes to the MAA, please contact either myseli~ at (208) 362-7369 or Don Lee at (208) 373-0289 or don.lee(a,dea.ID.aov. Sincerely, '~~ Willis E. Carr, Chair Idaho WaterlWastewaterRgency Response Network ..~'~-. Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with 6ethan Gadzinski for Evaluation ' Y Services of the Meridian's Anti-Drug Coalition (MADC) Reco nine Pro ram for aNot-to-Exce g g ed Amount of $15,OQ0.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENGY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR MADC RECOGNIZE PROGRAM EVALUATION SERVI CES IN AN AMOUNT NOT TO EXCEED 515,000 THIS AGREE ~ ~~~ MENT FOR PROFESSIONAL SERVICES is made this ' t da of « ~:~. Y 2011(Effective Date"), and entered into by and between the Ci of Meridian a . tY municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "Ci " 33 East Br .. ty, oadway Avenue, Meridian, Idaho, and Bethany Gadzinski, an individual, hereinafter referred to " as Contractor, whose address is 2633 West Piazza Drive, Meridian, Idaho. WHEREAS, in 2009, City received aDrug-Free Communities Grant from federal a encies g including, but not limited to, the Office of National Drug Control Polic "ONDCP" and the Y ( ) Substance Abuse and Mental Health Services Administration ("SAMHSA" ,which ant monies were use t . ) ~' d o institute the MADC Recognize Program, which seeks to reduce substance abuse anion outh b gY Y addressing the factors in our community that increase the risk of substance abuse and romotin the p g factors that minimize the risk of substance abuse; WHEREAS, on January 20, 201 1, City received an additional grant from CRP, Inco orated for evaluating the effectiveness of the Recognize Program, as set forth in the Subcontract A Bement between ~' City and CRP, Incorporated, attached hereto as Exhibit A; WHEREAS, Contractor is specially trained, experienced, and competent to rovide, and has . p agreed to provide, such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: I. TERMS AND CONDITIONS A. Scope of Services. 1. Contractor shall perform and furnish to City, upon execution of this Agreement, all services, and comply in all respects, as it relates to evaluation of the Recognize Program, ass ecified in p the Subcontract Agreement between City and CRP, Incorporated, attached hereto as Exhibit A and the grant application attached hereto as Exhibit B, both of which are incorporated herein b Y this reference. 2. 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. Contractor represents and warrants that she will perform her 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. 3. Services and work provided by Contractor under this Agreement shall be performed in a timel . Y manner in accordance with the document entitled "Timeline for accomplishing tasks and milestones," a copy of which is attached hereto in Exhibit B (p.15)and incorporated herein b Y this reference. PROFESSIONAL SERVICES AGREEMENT -EVALUATION OF MADC RECOGNIZE PROGRAM PAGE 1 Of 5 B. Consideration. 1. Payment shall be in the form of a firm fixed fee. Ci shall a Contractor five th tY p Y ousand dollars ($5,000.00) upon the completion and delivery of each of the three 3 Units s ecifi ' () p ed in the Budget set forth in Exhibits A (p. 10) and B (p. 16) hereto. The amount aid b Ci to p Y tY Contractor under this Agreement shall not exceed fifteen thousand dollars $15 000.00 . ( ~ ) 2. To receive payment, Contractor shall provide an invoice to the Meridian Police De artment . ,, p certifying the delivery of the specified Unit in conformance with Exhibits A and B hereto. Following verification of such delivery and conformance by the Meridian Police De artment . P City shall pay Contractor within thirty (30) days of receipt of such invoice. Contractor shall submit the final invoice to City no later than thirty (30) days after the expiration or termination of the Agreement. 3. Except as expressly provided in this Agreement and Exhibits hereto, Contractor shall not be entitled to receive from 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, or transportation. Further, without limitation, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. C. Time of performance. 1. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on January 31, 2012, unless earlier terminated or mutually extended by separate written agreement. 2. 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. D. Independent contractor. 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 shall be deemed an employee of City. Except as expressly provided in Exhibits A and B, Contractor has no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. E. Indemnification and insurance: 1. Contractor shall indemnify and save and hold harmless .City from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses and other costs including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Contractor and/or Contractor's officers, employs, agents, representativesnnd/or subcontractors and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or PROFESSIONAL SERVICES AGREEMENT - EVALUATION OF MADC RECOGNIZE PROGRAM PAGE 2 Of 5 intangible property and not caused by or arising out of the tortious conduct of Ci or ' ty its employees. 2. Contractor shall not be required by this Agreement to obtain Worker's Com ensation • .. p Insurance because she ~s acting as a sole practitioner; however, should Contractor in the course of work related to this Agreement, employ any person, Contractor shall noti Cit and fY Y shall obtain Worker s Compensation Insurance in the statutory limits as re uired b law. q Y F. Notices. Any and all notices, invoices, and/or reports required to be provided b either of the • y parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: Lt. John Overton Meridian Police Department 1401 E. Watertower Street Meridian, Idaho 83642 Bethany Gadzinski 2633 West Piazza Drive Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. G. 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. H. 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 her rights under this Agreement except upon the prior express written consent of City. I. Discrimination prohibited. In performing the services required hereunder, Contractor shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. J. Reports and information. At such times and in such forms as City may require, there shall be furnished to City such statements, records, reports, data and information as City may request pertaining to matters covered by this Agreement. K. Audits. and inspections. At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit 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. L. 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. 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. PROFESSIONAL SERVICES AGREEMENT - EVALUATION OF MADC RECOGNIZE PROGRAM PAGE 3 Of 5 M. Compliance with laws. In performing the scope of services re uired hereunder Contractor shall q comply with all applicable laws, ordinances, and codes of federal, state, and local overnments. g N. Termination: 1. Grounds for termination of this Agreement shall include, but shall not be limited to: a. Any act or omission by Contractor and/or her officers, employees, or agents, by which Contractor fails to fulfill in a timely and proper manner her obligations under this Agreement, violates any of the covenants, agreements, and/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. b. A determination by the Meridian City Council that termination of this Agreement is in the best interest of City. c. An act or omission by either party which breaches any term of this Agreement. d. An act of nature, loss of grant funding, or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. e. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Either party may terminate this Agreement by providing fourteen (14) days advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A seven (7) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon provision of written notice of termination. 3. In the event of any termination of this Agreement for any reason and/or by either party, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreement shall, at the option of City, become its property, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. 4. Notwithstanding the above or any other provision of this Agreement, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contractor, and City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount of damages due City from Contractor is determined. This provision shall survive the termination of this agreement and shall not relieve Contractor of her liability to City for damages. 0. 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 reasonabl ca able of com letion. Y p p PROFESSIONAL SERVICES AGREEMENT - EVALUATION OF MADC RECOGNIZE PROGRAM PAGE 4 Of 5 P, Advice of attorney. Each party warrants and represents that in executin this A reem ' . g g ent, it has received independent legal advice from its respective attorney and/or has received the o ortuni pp tY to seek such advice. Q. Non-waiver. Failure of either party to promptly enforce the strict erformance of an term of this p y Agreement shall not constitute a waiver or relinquishment of any p 's ri ht to thereafter enforce . ~Y g such term, and any right or remedy hereunder may be asserted at an time after the overnin bod Y g g Y of either party becomes entitled to the benefit thereof, notwithstandin dela in enforcement. g Y R. Entire agreement. This Agreement contains the entire agreement of the parties and su ersedes p any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. S. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. T. Approval required. This Agreement shall not become effective or binding until approved by the governing body of City. CONTRACTOR: .-~, ,:.~ ,~.~ BY: ~ . Bethany ~~ STATE OF IDAHO County of !!Jill , r ~•.,,_ ~.,,.. ~ I HEREB ~ts~ ~ Y CERTIFY that on this day of ~ , 201 1, before the ss: undersigned, a Notary Public in the State of Idaho, personally appeared BETHANY GADZINSKI, known or proved to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. c~ ~ ~ ~- -~~~~~ Notary Public f Idaho f 4 Residin t ~`'~ g a ,Idaho My Commission Expires: ~ ~ 2 • ~ ~ ~1 CITY OF MERIDIAN: .,,,,.,..,.. a~. -~ BY: ~Lf~. Tammy deg erd, Mayor Attest: ~,••~ys ~a ~~ 0 'a ~ ~- . 1`~~1~11iii-tlJij~1 '~0 ~1 f R fi ~ ~K~ , ,, ~~. ti .. w M. t{ ~~ J . ~~~ * A ~~ ti ~ C a ~~~~ ~~ ~ ~ ~.• ~'~.• ~~~N~~~ ~~~~ ~~ _~~~~ ~' -- :. r .. .., a ~~ d Ja cee H an Cit Clem '~ ~ -~~" ~~~ °j~il;ii;lii~-~'~~~ PROFESSIONAL SERVICES AGREEMENT -EVALUATION OF MADC RECOGNIZE PROGRAM PAGE 5 Of 5 EXHIBIT A GRANT AGREEMENT -CRP AND CITY • •. 'r. •' ';.•. 12.'1..:•7' /Q~{~~i. 7/.x,'.:1: ~ :~~~. j: ~ ,... .•• ... T ,1 . w~ft -X0.3•: ,• ;~~ _;~~~:~~: `• ~ .:,•~ Service to •~ • .:,~•:,.:;,~:~;:~' ~~}.:..;.. .a ,:.;.,~..., ,1: . . .. .. . SUBCONTRACTAGREEMENT Between CRP, INCORPORATED And City of Meridian, Meridian Police Department (MADC Recognize) This Subcontractor Agreement (the "Agreement"} is made and entered into this 3 ~'` day of January, 20~ 1 between Cam', Incorporated ~C~P} of Silver Spring, MD, hereinafter called "Contractor" and City of Meridian, Meridian Police ~epart~nent, of Meridiao,, ID, hereinafter called "Subcontractor." WHEREAS, CRP has entered into a contract with the Substa~ace Abuse and Mental Health Services ,Administration, Center f or Substance Abuse Prevendot~'s Center for the ,Application of Prevention Technologies (SAMHSA,/CSrA-I'/CAP'S'}, start-up date of February 7, 2011, _ hereinafter called the "Contract", for a funding period of February 7, 2011 to February 2, 2012, -- and WHEREAS CRP with guidance f rom the SAMHS,~/CSAP/CAPT` has competitively selected City of Meridian, Meridia~a Police department to perform certain tasks and services required under the Contract, and WHEREAS CRP has approved City of Meridian, Meridian Police Department as a subcontractor; • NaW THEREFCJRE, it is mutually agreed as follows: 1. Provisions of the Subcontract. All provisions of the Subcontract are attached to and made a part of this Subcontract Agreement. SAMHSA,/CSAP/CART U.S. Department of Health and Human Services '~`~ Contract No, 277~4&OZ18 1 2. Scope of 'Fork. Subcontractor shall perform for CRP, in a good and businesslike manner, and subJect to the provisions hereof, the tasks and services (hereinafter called the ~ "Work"} as outlined in the Subcontractor's technical proposal and as described in Exhibit A, Proposed Evaluation CapacityPuilding Enhancement}. Review of reports, products, and other deliverables called for by this Subcontract shah be by the Contractor's Corporate Monitor, Carolyn $. Rudd, Ed.D., the Contractor's CAI'T Service to Science Mini• subcontract Administrator, Car~nelita Grady, Ph.D., and the Contract's CAPT Service to Science Chief, Kim Dash, M.P.H., M.A. 3. Personnel. Subcontractor personnel listed in Exhibit B (Key Personnel) are attached hereto and made a part hereof, are considered to be essential to the proper performance of the Work. Prior to diverting the specified individuals from 1~Iork, or upon knowing of their unavailability to perform the Work for any reason, Subcontractor shall propose a substitution and shall obtain approval from CRP, 4. 'I`errn. The Subcontractor agrees to promptly begin work on or after February 7, 2011. Performance of all Work required hereunder shall be completed on or before the Subcontract expiration date of February 2, 2Q~2. No time extensions will be granted to the Subcontractor. CRP must receive a sxg~aEed ''V~•9 form from the City of Meridian, Meridian Police Department to ensure that payment is processed. 5. CRP's Responsibilities. CRP agrees to perform, or be responsible for, the following: ~"~, a. Monitor the progress of Subcontractor in achieving the proposed evaluation enhanceme~t(s}. CRP will monitor all activities to assure that Work is being implemented, performed, and managed satisfactorily and that time schedules are being met. Monitoring procedures will include review of progress reports, and telephone contact with Subcontractor staff and/or consultants, if necessary. _ _- Midterm reports and subsequent final reports will form the basis of a summary report of accomplishments CRP will prepare and submit to SAMHS~,/ CSAP/CAPT. b. Process the award of ($29,777), a fixedprice subcontract to the Subcontractor, in consultation with appropriate SA-MHSA,/CSAP/CA.z'T contracting staff. CRI.' will issue the initia190% of ,the award payment ($2d, 799,30} within 30 days following receipt of this signed Agreement from your organization. While this fee 11as been designated by SAMHSA/CSA.P/CAPT to be paid in advance, Subcontractor shall be liable for this fee until such time that CRP has determined that the scope of work specified hereunder had been completed. In the event that Subcontractor fails to complete the work as spec' 'ed in the aforementioned "scope, CRP in consultation with SAM~SA~,/CSAP/CAPT contract ~ personnel shall then determine the extent to which the "scope" has been fulfilled and adjust the liability accordingly. The ~0% balance of the award will be paid within 14 days of receipts of your final report, c. Coordinate an initial telephone consultation with the Subcontractor and the CAPT. 2 d. ,Assist the Subcontractor in resolving any problems during the project period. 6. Subcontractor Responsibilities. Subcontractor agrees to perform, or be responsible for the following: a. Prepare a mid-term progress report and a final report as outlined in Section Seven (?} of this Agreements b. Participate in an initial telephone consultation with the CAPT. c. Participate, if necessary, in ad hoc telephone conference calls with the appropriate CAPT and CRP staff and respond to periodic inquiries as needed. d. Devote the best efforts, attention, knowledge, and skills of its assigned staff and consultants to the performance of this Agreement. e. ~'erfor~aa~ all 'Fork and obligations under the total costs applicable to this Subcontract, according to the final budget. Subcontractor's budget component of the funded proposal is provided as, exhibit C to this Agreement. ?. Midterm Report and FinaX Report. The following instructions are for developing and submitting required reports. The reports should tell an ongoing story of progress made in ~..~ moving your program in the direction of being n7ore evidencebased, and not a duplication of previous reports. 'The Subcontractor will provide CRP with a midterm and final report by the due dates indicated below. These reports will be reviewed and approved by CRT, Inc. and the CAPT. Each report shall be typewritten in Microsoft Word, single-spaced, and shall not exceed fifteen(15} siixtgle-space pages in length. The following table shows the performance period and the corresponding due dates for the midterm (1} progress and final reports to be submitted in 2011/2012. ,Pzo~Re~ ~ Re~ort~ng Period Resort Due Date (2011.2012) Midterm February -June 2011 July 15, 2011 Final February -February 2012 March 30, 2012 'The Subcontractor shall organize and prepare the mid-term and final report using the format sent electronically by CRP and included in the minisubcontract package. The Subcontractor shall submit a midterm report and the final report electronically to Carmelita Grady ~ce~radyC?cr~pco~,~cam_.), CAPT Service to Science Minisubcoutract Adt~uinistrator with a copy to Kim Dash (kdashC edc.org~, CAP'T Service to Science Chief, and to Stacey Brown at ~sbrownC crpcorp.com). Submission should be in Microsoft Office format (2000 or higher}. The Subcontractor shall submit hard copies only in those instances when electronic transmission of attachments is not possible. zf 3 necessary, the Subcontractor shall mail two (2} co ies of tl~e midterm re ort an p p d final report to; Carmelita Grady, Ph.D. CAPT Service to Science Minisubcontract Administrator CRP, incorporated 1110 $onifant Street, Suite 400 Silver Spring, MD 209I0 Telephone: (Z40} 247.2 I42 Facsimile: (zoo) 241.2 x 43 9. Confidentiality. In tlae performance of this Subcontract, Subcontractor shall not release to parties other than the Contractor any information collected, re arts re ared or p p p products and tools developed as part of the performance of this Subcontract without the prior written consent of CRP, 10. relationship. It is understood that 1~Vork is undertaken Hereunder b Subcontractor as an y independent contractor and not as an employee, agent, consultant, or re resentative of A CRP. ~ ~. Professional Recognition. For publishing data/information, deliverin resentations gp issuing reports, or other such activities, the Subcontractor agrees to give appropriate recognition of the Work for CRP, Inc. for the SAMHSA/CS,A~'/CApT' and any technical assistance facilitated. lz. Entire Agreement. This instrument and attachments contain the entire Agreement and understanding of tl~e patties hereto. It may not be changed orall ,but onl b a reement y v yg in writing signed by the party against whom enforcement or any waiver, chap e, ., g modification, extension, or discharge is sought. There is no other contem oraneous p understanding or Agreement, oral or written, between the parties on said sub'ect matter. l IN WITNESS WHEREOF, the parties through duly authorized officials do execute this Subcontract effective as of the day and year indicated on the first page. CItP, Yncorporated City of Meridian, I1~eridian Police I~epar~ent BY: BY: ~ ~// ~ ig a e ature C_ arolyn B, Rudd. Ed.D., Pres./CE,Q Name and Title 1 ~ I~Z011 Date do~, k ~ ,~~4a, c~~o a/a/aori John Overton/Connmuni,,. ,,,,Services Liaison Name and Title ri31~ao11 Date EIN# ~~~~'~ 4 ~` ~-~ W'7 Request for Taxpayer ~~~e tarn, ~ ~1e ~°"~ `'~"°"~°~ ~ Identification Number and Certification ~aues~r. Do not ry send to the iRS. N Name (as shown on your income tax return) _ - _T ~, City of Meridian a Business name, If different from above c 0 m~ Indh~dual/ ~~ Check ate box; ^ Safe ro 'et ^ Corporation ^ Partnership ~] other - ,GOV@mm@r1t. ~~~ from backup o ~ aPPropd p ~' or ~ withho~ing Address (number, street, and apt. or suite nvr} R nester's .~ ~ eq name and address (optionaq ~~ 33 E Broadway Avenue E Clty, state, and 21P cede ~, Meridian, Idaho 8362 y List account number(s) here (opbonan ~~ Taxpayer ident~cafion Number ~f1N} - , r..w iwr-rr.rrrr~~r Enter your TIN in tits appropriate box. The TIiV prorrided must match the Hama given on Line 1 to avoid ~~ ae cumber backup withholding. Far individuals, this fs your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part i fnstruct3ons on page 3. For other ent~es, it is your employer identification number (EiN}, If you do not have a number, ses Flow to gef a TIN on page 3, or Note, if the account is in more than one name, see the chart on page 4 for guidelines on whose annployer Identlfroetlon number number to enter. $ 2 6 0 0 0 2 2 5 • Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identlflcation number (or I am waiting for a number to be issued to me), and 2, I am not subject to backup withholding because: (a} i em exempt from backup withholding, or fib} I have not been not~ied by the internal /"~ Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (cj the lRS has nofl~ed me that I am no longer subject to backup withholding, and 3. i am a U.S. person (including $ U.S. resident alien). Cergflcetlon instructions, You must moss out item 2 above if you have been notilted by the IRS that you are currently subject to backup wlthhoiding because you have failed to report all interest and dividends on your tax return, For real estate transactions, item 2 does not apply. For mortgage interest paid, acqulslt~on or abandonment of .secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and genera~y, payments other than interest and dividends, you are not required to sign the Certification, but you must pravfde your correct TIN. See the insb~uctlons on page 4.) ~, _ Sign Nero Signature of U.S, person - .~~Q ~Fi ~~ t ~1 o e _ `y ~~~ Purpose of Form Date - A person who is required to fie an information return with the IRS, must obtt~n your correct taxpayer ident>flcation number TIN} to report, for example, income paid to you, real estate transectEons, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an 1RA, U.S. person, Use Form W-9 only if you are a U.S. person (including a resident alien}, to provide your correct TlN to the person requesfing it the requester] and, when applicable, to; 1. Certify that the TiN you are giving is correct for you are waiting for a number to be issued}, 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U,S, exempt payee, In 3 above, if applicable, you are also certifying that as a U.S, person, your allocable share of any partnership income from a U.S, trade or business is not subject to the withholding tax on foreign partrtters' share of effectively connected income. Note, if a requester gives you a form other than Form W~9 to request your TIN, you must use the requester's form if It is substantially similar to this Form W-9. For federal tax purposes, your are considered a person if you e , , owner o a tilers arded n are; g entl#y and of the entity, Cat. No.1o231X Fain w-~ (Rev. 11 2l)05) • An individual who is a citizen or resident of the United States, e A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or e Any estate {other than a foreign estate] or trust. See Regulations sections 301.7701-fitay and lea) far additional information. Special rules for partnerships. partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the wi#hhoiding tax. Therefore, if you are a U.S. person that Is a partner m a partnership conducting a trade or business rn the United States, provide Form W-9 to the partnership to establish your U.S, eta#us and avoid withholding on your share of partnership income, The person who gives Form W-9 to the partnership for purposes of establishing its U,S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United Sta#es is in the following cases; • Th U S f ~, Form w-9 (Rev. 11-2005) .,_ _ _ A ~ The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S, trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W 9. instead, use the appropriate Form W-8 (see Publication 515, Wi#hholding of Tax on Nonresident Aliens and Foreign Entitles). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a prov~s~on known as a "saving clause." Exceptions specifed in the saving clause may permit an exempt~vn from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident mien for tax purposes, If you are a U.S. resident alien who is Yeiying on an exception contained m the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items; 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or loco#ion) in the tax treaty that contains the saving clause and ~s exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China Income tax treaty allows an exemption from tax for scholarship income recenred by a Chinese student temporarily present in the United States. Under U.S, law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S: China #reaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States, A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement tha# includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholtling~' Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28~ of such payments (after December 3~, 2002). This ~s coiled backup withholding, Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your co~ect TiN, make the proper cert~ications, and report all your taxable interest and dividends on your tax return. Payments you receive wilt be subject to backup withholding if: 1. You do not famish your TIN.to the requester, 2. You do not certify your TIN when required (see the Part li instructions on page 4 for details), 3. The (RS tells the requester that you famished an incorrect TiN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5: You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rotes regaro-ing partnerships on page 1. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civic penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty, Criminal penalty for falsifying information. Willfully fals~fymg certifications or affirmations may subject you to criminal penalties including fines and/or Imprisonment. hllisuse of TINs, If the requester discloses or uses TINs in violation of federal caw, the requester may be subject to civil and criminal penakies. Specific Instructions Name If you are an individual, you must generally enter the name shown on your income #ax return. However, if you have changed your last name, far instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name, If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBAj" name on the "Business name" line. Limited liability company (I.LC}, if you are asingle-member ~.LC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Treasury regulations section 301.7701-3, enter the owner's name on the "Name" line, Enter the LLC's name on the "Business name" Ilne. Check the appropriate box for your filing status (sole proprietor, corporation, etc.), then check the box for "Other" and enter "LLC" in the space provided. Other enti#ies, Enter your business name as shown on required federal tax documents vn the "Name" line, This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Note. You are requested to check the appropriate box for your status (lndiv~duaVsole proprietor, corporation, etc.). Exempt from Backup Withholding If you are exempt, enter your name as described above and check the appropriate box for your status, then check the "Exempt from backup withholding" box in the line following the business name, sign and date the form. Form W 9 (Rev. 112005) Page 3 Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as Interest and dnndends, Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup wigholding. Exempt payees, Backup withholding is not required on any payments made to the following payees; 1. An organization exempt from tax under section 5Q1(a), any IRA, or a custodial account under section 403(b}(~ if the account satisfies the requirements of section 401(fl(2}, 2, The United States or any of its agencies or instrumentalities, 3. A state, the Dlstric# of Columbia, a possession of the United States, or any of their political subdivisions or instrvmentalities, 4. A foreign government, or any of its political subdivisions, agencies, or lnstrumentalitles, or 5. An intematia~al organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding Include; fi. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A fu#ures commission merchant registered with the Commodity Futures Trading Commission, 10, A real estate investment trust, 11. An entity registered at ail times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A fnancial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 864 or described in section 4947. The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt recipients listed above,l through 15. IF the payment is for , .. THEN the payment is exempt for . , . Interest and dividend payments All. exempt reclpl~ts except for 9 Broker transactions Exempt recipients 1 through 13. Also, a person registered under the investment Advisers Act of 1940 who reguiarly sots as a broker Barter exchange transactions Exempt recipients 1 through 5 and patronage dividends Payments over $600 required Generally, a=empt recpients to be reported and direct 1 through 7 sales over $5,000' 'See Form 1099•MISC, Misc.:elllaneous lncorne, and rte instructions, 'However, the following payments made to a corporation ~fncluding gross proceeds paid to an attorney undo aectlon 8Q45(1,, even if the attorney is e corporationy and reportable on Form 1089-MISC are not exempt tram backup withhdding: medical and irealth care payments, attorneys' fees; and payments for services paid by a federal executive agency. Park i. 'taxpayer Identification Number TIN) Enter your TIN in the appropriate box. If ou are a resident alien and you do not have and are not eliggable to et an SSN, our TIN is your IRS individual taxpayer identifica on number ITIN}. Enter it in the social security number box. if you do not have an ITIN, see How to get a T!N below, If you are a sole proprietor and you have an EIN, you may enter either your SSN or ElN. However, the IRS prefers that you use your SSN. If you are asingle-owner LLC that is disregarded as an entity separate from its owner (see Lfmlied liability company (LLCJ on page 2), enter your SSN (or EIN, if you have one}, If the LLC is a corporation, partnership, etc., enter the entity's EIN.. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TiN, apply for one immediately, To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.sociaisecurltygov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer identification Number, to apply for an EIN, You can apply for an EIN online by accessing the !RS webslte at www.~rs.gov/businesses and clicking on Employer ID Numbers under Related Topics. You can get Forms W-7 and SS-4 from the IRS by visiting www.irs.gov or by calling 1-800•TAX-FORM (1.800-829-3676), If you are asked to complete Form W~9 but do not have a TIN, write uApplied Fo>~ in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payrnen#s made with respect to readily tradable instruments, generally you will have 60 days to get a TiN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TiN to the requester. Note, Writing Applied For" means that you have already applied for a TiN or that you intend to apply for one soon. Caution; A disregarded dom®stlc enb'ty that has a foreign owner must use the appropriate Form W-8. Form W9 {Aev.11.2005} Page 4 . . Part I!. Cer~~icat~on To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indica#e otherwise. For a joint account, only the person whose TIN is shown in Part 1 should sign when r~uired). Exempt recipients, see Exempt From Backup Withholding on page 2. Signature requirements, Complete the certification as indicated in 1 through 5 below. ~. interest, dividend, and barter exchanges accounts opened before 1984 and broker accounts considered active dunng 1983, You must give your correct TIN, but you do not have to sign the certification. 2, Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certifiication or backup withholding will apply, if you are subJect to backup withholding and you are merely providing your correct T!N to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification, You may cross out item 2 of the certification. 4.Other payments, You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN. Other payments include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandisej, medical and health care services including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys including payments to corporations}. 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qual~ied tea4on program payments sunder section 529j, iRA, Coverdetl ESI~ Archer MSA or ySA contributions or distributions, and pension distributions, You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Pequaster For this typo of accouati 1. Individual 2. Two or more fndividua>,S (joint account) 3, Custodian account of a minor (Uniform Gift to Minors Act) 4, a. The usual revocable savings trust {gcarttor is also trustee} b. So-called trust account that is not a legal or valid trust under state law 5. Sole proprietorship or singfe~owner LLC For thb typo of account; fi. Sofa proprietorship or single-owner LLC 7, A valid trust, estate or pension mast 8, Corporate or LI.C electing corporate status on Form 8832 9, Association, club, religious, charitable, educational, or other tax•eXempt organization 1 Q. Partnership or mui8•member LLC i 1. A broker or registered nominee 12. Account with the Department of Agriculture in the name of a public entity {such as a state or local government, school district or prison} that receives agricultural program payments Qive name and S~N of~ The individual The actual owner of the account or, if combined funds, the first individual on the account' The minor: The grantortrustee' The actual owner' The owner' ~._._._ Give name end EIN af: The owner' Legal envy' The corporation The organizadon The partnership The broker or nominee The public entity 'ust fist and circle the name of the person whose number you famish. If only one person an a Jalnt account has an SSN, that person's number must be famished, :Circle the minor's name and furn~h the minor's SSN. You must show your individual name and you may also enter your busirress or "DSA" name on the second name line. You may use either your SSW or EIN (If ya, have one). If you are a sole proprietor, !RS encourages you to use your SSN. ` Ust Arst and drde the name of the legal trust estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title,) Abo see Spaclid n~les R9 P~~As on Page 1. Note. If no name is circled when more than one name Is listed, the number will be considered to be that of the first name listed. Privacy Act Notice Section 6109 of the internal Revenue Code requires you to provide your correct TiN to persons who must file information returns with the iRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the a uisition or abandonment of secured property, cancellation of debt, or contnbutions you made to an IRA, or Archer MSA or H A. The IRS uses the numbers for identiflcabon purposes and to help verify the accuracy of your tax return. The IRS may also rovide this ~ information to the Department of Justice for civil and criminal liflgation, and to cities, states, the District of Columb ai and .S. possessions to carry out their tax Laws, We may also disclose this Information to other countries under a t ~ u and state agencies to enforce federal nontax criminal laws, or to federa! !aw enforcement and intelli ence ~ ~a~' to federal terrorism. 9 agencies to combat You must provide your TIN whether or not you are required to f+le a tax return. Payers must generally wi#hhofd 28~ of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties ma also Y aPPh~~ City of Meridian, Meridian ~'olice DeparC~ent ATTACHMENTS E~ibit A • Proposed Evaluation Capacity-Building Enhancement(s) Exhibit B - Key Personnel Exhibit C - Budget s City of Mez~dian, Meridia ` r ~ Police Depa~rt~aent E7chibit A Proposed Evaluation Capacity-Building Enhancement(s) tatiez~e ~~ o oar 1. describe the F~gram's pre ' , The'ewrrent ro'ect ev ~ ~' e~'aia&tion p P J aluatioa plea for Recogrirze is ve sim . ~aaany prevention proms nab~onall ,pre ~'' plastic and one that is used b c~drenladolescon#s w ~ and poi tests are ~v~ via surve monke Y ho have completed the web based ' ' ~' Y~ to both ~~ analyzed by the coalitions eon#rac ~'g and to the coaches. This data is MADC, ~ addi# evaluator and results are distribu#ed to on, anecdotal and qualitative data is ather members of with school personnel and comrn~ g ed dough s~uctwred interviews are combined an tY leaders. ,All of ~e quantitative data and ' d become part of the ye~ur end evaluatoo qua3xtative data Communities grantee, data is also 'vent n su'n'k' As C is a l,~g Free COMET. ~ o ~AM~SA and 4NI7Cp Ana their re rtin ~ g system 2. Identify and describe fps ~ the r • 1`here are tremendous P ei~ary eVaiuat~on plea. gaps in the current evalua#io~ plan fat anclu * At present; there is no w to d de the following ,...~ ~ .. aY eterrnine if Reco ire • positive outcomes we are seem ~, ~ , as a progrram, is driving the specific to this 8 N[eridian as we have not isolated the o prog~raYn utcoraes data. • ~o follow~up is gathered to del ' pa~cipants and st~akeho ie long term effects of the prog on Iders. ! No rartdoiriized or q~i`eX~mental . • A data colloction evaluation has been conducted on the ro s,~stem ha.~ not been developed to anal au P ' prograa~a to include the coxnbinin of data ga~ered for this • A plan for 'ourn , g qualxtati~re and quantitative data. ~ --- J al article reporting ~ not been develo • Systematic empirical research evidence has not been conducted on the ro of statxsneally s~gn~ficant effectivenes p fat would provide + ~o plan for develo s u ~~ a manual for #bis pr4g~ has been d way ~ de~e ~deh~,~~ eveloped thus there is no 3. Iden~'d'y tb~e evaluation enha~cemeut • vela address a s ~ ~s} to be implemented and a lain ho~v . g P d tat~ons of tbo pre ' •n$ e,~,,,~ ~ thislthese 'xhe Reeogn~Ze evaiuattou project ~aclu ~' nation plan. c i ofReco ~ two key components. l~i~rst the ' to • • finite will be stre~ng~thened ~ the aim ~rnar eval ion Y~~ vrxxting ar~cles for r of forinat~g data for professional, reco 'lion. ~ mewed Journals, and developer an a li • 8'm Second, a contract ameudme~ wig the • ~ $ PP cation for NREPP additional exte ~ e"~ coah~ons outside evaluator will rovide f uabion a erdse P or The intet'nal ca develo m cons o • coalition Project director P Went will comnnit 5 hovers per week of the excius~vely to .recognize a of the evvaluation capacity will be committed to co ~° cation a~i~txes. This focused Excel spreadsheets for statistical ec~g any m~ss~ng fonmatgng this data iota v~ith the ext ~~' °bg specitiic evaluation . . . ernal evaluator, Program evaluation a~ic trauung: authoring, ~ authoring, ~n~ the external ev les t0 be submitted fiar pubuca#io and c aluator, a proposal for N~EPp reco • , n' o- gnition. Tho exte ro am eval ~ ~ o . coalition evaluator to . ~ Went vela include purchase afadditional time fronx the ,..~ City of Meridian, Meridia ' . n Pol~re Department • Deli ` gn a qu~~«eXperirnental evaluation; with • and coaches .. ~e variable hem Uie web , naessag~ng, s is feasibl ~ based curr~cuium. web base a as tie recognize pre be • d cculum and coaches • • , . g~ v~nthout the ro tra.g, witb~t this e~valuatiou the • P ~'~ ~nll be offered to a com legacy ~t ecognrze • parable group. Develop and ~Plen~ent data, • collection syste~s and rostrum . ~ ants • ~e . ~ p1epaau of a 'o • 1 ~ c1e repo rn ~ • • Provide techtuc p ~ ~ndungs al assistance for develo ' ~ • pmg an NREPP appl~c~on 4• Explain ire par ose of the r p p oposed enhartcemtert f s The purpose of the ro { ) p posed enhan~cen~e~ ~s to deter~niae ~ . Recognfze ro tie foUowmg m regards to the p gram. • bo ate outcomes we see last ale . r the complettvn of the curricula ' based components? • IS I~ fhe colnbinat~0~ Of tl~e ~nYnr,~„o,~f~ +t,..~ +___ _ .. Is ~ PzO mplicable ~a o ~ ~...,,~, ~~~. ~~ ~~~ u~ rye outcomes? then setbings -~ such as middle s drools? h? ~e ~t two ears the M[A17C . . ~ .~. as a coah4on ~ seen the utcome lncr~ease a e of first u 2006 pate . ~ se by 190 37% be of use o fold _ - ~ aoe'i3 '~% In 8~ ,ww~~a ~cr+ease f~ ue of use b ~~ In ~0~ ~ dens D~~ease f~ uen of use b ~% in f2~ Inc Graders rease drs rove of usi substances b ~°~ Increase the belief that substance use ca . unacce table rls ~ ° rtes ksor~s~lb 1!° ncreease re rted use b fdends b ~ increase the belief that parents disc ~Ye substance Ap of use by 2~ ~~°lo ~o Us8 55% n0 Us@ ~0% no use 63°~ 5~°l0 uowiu results; 2008 Data Change 25% before 12 percentage potr~s e13 Not collected 74~o no use 15 e~enq e olrrts 63% tlo Usk 3 ~~ e it~ts s6~ 3 erne e oint~ 64~ 93 percentage poirns ~°~ 530 7 fa e ints 4036 51~ 11 Pe~entage points 'fie theorize we have achieved #h . im 1 ese results, ~ pmt, dough ~ie develo ..p e~nentatYOn of the Recognize ro Pment and scie P - The purpose of the ro osed e . nt~fcally prove or disprove this bell , p ~ nhanceno~ent is to ~ ef. if we can prove ~s thea ~, . ~ apphcataon tQ N~tEPP, rY~ a will move forward S. Ezplain ho~- the tecb~cal as • s~stanre provided tb~raa h e • helped~u~#'orna owr decis~ ~ $ ~ Ser~ee to Science in~tlati e ~ ons about the proposed evalaati v opt en~$ncemeat(s), Key ~C staff to ~clude; • Elisha l~igtreroa, Coalition Pro'ec ~ , , J t Director Erenda Murdoch, Coalition Coo rd~nator • Lt. John Overton, Conununi Servi . , . .. ~ ces Dl~nsian, Meridian Police $eY Cadztns~ Caai~~ Department on E~~ Evaluator `~orked with Eric Ohlso MSw . ~ , Service to Science Caorc ` at r . substance Abuse ~`echnolo 'es o ~ C~~er for the Apphca~an of ~ ~ ~mvers~ty oflllev keno ' m an ons~te da ion to , ~ g chn~cal 7 CxtY of Merldian,lVle~dian ,~-~, Poixce llep~tment assistance session to determine • needed evaluon enhancements. . workshop and follow•u a Extensive discussion at this p mays were conducted to deter;~n , . . undertake the ri orous ev a the coai~t~on s readiness to ~ aiua~on and s deco peck steps necessary for an ~P~' ~~e proms Through this techni subnuss~on of the c~ asslstane~, the decision vas m . . the Mayor of Ntend~sn to ursn ade by coaht~on staff ~niti .. P e an applica~,on for funding throe h the . at~ve ~uildsng Evaluation C acs ~ Service to Science • .. ~ ~Y fob ~viden~~ased ~terventio This decision was not made !~ hfi! ns bequest for Proposals. i g Y but was nnade due to the ~o ` received from ~e technical asses ~at~on and encouragement we once provided through ~e Service t • • • . o Science uu~a~ve. Mr. Uhlso~ was instruumental m r • ~ . diato , p eparmg us, by sending lip exam les and . gue Ana emaai, for coin 1 P through con~nual P app~-catio~, ~. Ide~a~y poten~ia! harriers to t be proposed enhaneem~en s an addressed, ~~ d dese~'ibe how the be Y , whenever an entity undertakes a co . mprehensive and m-depth evaluation of the one MEA,I)C is proposin that ` c ~ a program, such as ~ u~ hides ~multtpie components and a 'N • eVa~uation, there can be banners, These ~ quasi experunental banners include, • pailure ofone or more of the co o . mp vents to fully enge in the evaluation roc • Conflicting results that create tensi p ess • . , a~ns between the program coin onsets As this is a one year project • run~n '~ . g out of tae to complete the ra'ect p~ each of the components of this ro . . P gram have committed ether verball o • . . the evaluatlonpro~ect which leads u Y r m venting ~ support s to believe that vve can acldiress the . constant communica#ion and feedb ~u~t bullet point nth ack to each of the coin onen~. A11 that the evaluation ina or ina n ~ p, components understand .. Y Y of show that this grog ~ ke to ~~ as a coaiirian. if the xesudts ar • • , Y • ~e outcomes we have seen e not positive, each component ~ vein t increase the viability of tho ro am. 8 o work on then pzeCe ~ A ~ .~ as banner three, we believe updates on the evaluah4 at that darough monthly . ~ ~~~ cgs, we vvx11 kee o Ply, we believe that b p n track to hush ua one year. aced on past performance wo can ove • . rcome any potential barriers. R City o~ Meridian, ~teridia n ~'o~xce l~epar~tuent Elthibit B Key Personnel Tlae following persons are named as Key l?ersonnel: NAIL l~~isha l,~i TITLE gr~er°a Coalitions P~ro'ect dire l~ethany Gadzit~s~ ~ ctor Coalition evaluator l~t. ]ohn; Overton . . Lxalson -.~ 9 ,•.~ City o~ Meridian, Meridian ~'olice 1J epartment E~~xb~~ C u et "City's proposal is conditioned on the went of ' ~ the part~~s on mutaatiy acce table t d ~ con i ons defines and ' em ents. p erms, EXPENSES Mai subcontract • Evaluation Enhancement January 1= 201 f • December 31 2011 Totals , Name ~ Anauai safa Total 1 Pro ram Administrator 50~ Total Salaries 44 000.00 2,200 Frin ~ 2 20 a Pementa e Total safa 4.04 15°~ of Position Total 15°~ 2 20 0.00 330.00 Fria e ~ ~ 330 00 Total staff costs . Evalua~on Consultants $ 2 530.00 Bethany Gadzinskt~ Coalition Evatuatior Rate Un if Develo ment of surve tools ~ 5 000 1 ~ 5 000 ~' Im letnent evaluation Analysts, ke Rndi s On ~ 5,000 al document n9 1 $ 5 000 re aratton $ Total Consultants 5 000 1 $ 5,000 Evaluation ParEici t ~ 15000 an s ttem Incentive for evaluation # Cost Partici ants ~ # rou _ _ parbapants Total Participant Costs $ 15 ~ 204 Z $ ~ 000 0 ti $ G~000 gra n lt@~ Phone ~Io l l di COSt INORthe Amt ca , ong stance, Internet $ 150 12 Co lea $ ~ 800 Sotiware license SPSS $ 30 12 $ 300 $ 360 9 $ 300 Su Iles $ 50 12 3 6 Ponta e ~ 40 12 $ 00 Total Opecattng 460 Total Direct Costs ~ 3,540 IntOrect Cost ~ 10°Io ~ ZT 070 Total enses ~ 2 707 $ Z9.~7T ~~. 1~ Cx~Y of 11~eridian, A~iexidian Polk e Depar~rne~t budget Nart~tive: Coalition Project Director •~ 5°ro of . her tae Pxin e ~ ho ~ g • . urs per week of the tune of the co ~ ahtion Project Director exclusive) Y $ 2,200 $ 334 to ~ecogn~ze program evaluation activities . .This focused evalua~on capacity will be camnu~ed to coll ti ' ' ec n an ..g y missing data, forr~a-nng this into Excel spreadsheets for statistcal . , , . . , analysts, obtaining specific evaluation training, co.autho with th $~ a external eV'aluaxor, program ~vaiaatioa Co~nsnllt The coalition does not have the ex ease t . p o conduct a rigorous evaiua~on of the Re~ogmze progxann so we will add • t th .. o e current evaluation contract of the coahtions externat evaluator who doe s have the expense to Conduct this pragraxn evaluatian. • Design a ~uasi.~experiment~ evaluation 'with the variable being the web based curriculum and coaches mes ' ~ . sagg~ag. This is feasible as the ~ecognr~e program be without th • b b $ 3,000 e we ased cumculum and COacheS t1~i11iing~ withi~l S eva,~ ~ • ua~4n the legacy ~ecognrze I~ be offered to a coin arable P ~~• • , Develop and mnplennent data collec~on st sy eins and instruments . y~ ~ Pre~~ preparadan of a 'oumal attic) J e reporting proms findings $ 5,000 • provide technacal assistan ~ . ce for developing aid APP a licafion pP ~ 5,000 ~vaiuatioa Participant Laceniives Each participant who partici es in the s' P~ ix and twelve month post program evalua~an, from bob the pro'ect and co . 1 .~ Wino) group w~ receive a $ 6,040 $ 5 gift Cer~cate tncentzve. we beh • eve, based on research that this tncenve w~tl help to increase parrtiei aeon in ~ ' P c evaluatron. Opera~g In order to successfully cony lets this ro' . P p sect, there are standard operatin . costs to include ~ . Phone $ 3,240 Copies Supplies Postage In addaitioii, the coalition does not • have the needed software far this project, The evaluator does have the sof~rare so ca ' Info ~ orduiatxon of S 3~0 rmatron collectZOu vv~ ~ ~~ b ~e caaliti saf~vare ~' on also harre SPSS ~aduect -Standard City indirect of i0% TO~~ $ 2,707 $29,777 II -, Center for the Application of Prevention Technologies captus.samhsa.gov January 20, 2011 Bethany Gadzinski City of Meridan, Meridian Police D MADC apartment 1401 E, Watertower Avenue Meridian, ID 83642 RE. proposal No. 017, MADC Dear Ms. Gadzinski: CoNGRATULAT~tJNSa The ro o • p p sal you submitted m response to the Mental Healfh Services. Administraf' Substance Abuse and CS -on (SAMHSA), Center for Substance • ( AP), Service fo Science lnitiativ ' Abuse Prevention Ca a ' ~ e s 20T0-91 Request for Proposals on 8 ' • p city for Evidence-based Interventions h uirdrng Evaluation as been selected to receive amini-subcon trac#. On behalf of SAMHSA/CSAP, the Cen • ter for the Application of Prevention Techn ' oversees and manages the corn etitive sal ologies ~CAPT~ ~~. rovides p , , ect~on and award of mini-subcontracts A technical assistance, on buildm evalua ' , as, Well as The CAPT selec g tion capacity #o Service to gC1ence artic~ a tad your proposal for award under the ~ p p nts. released to State•no ' , , aforementioned request far ro owls urinated programs participator ~n a Re ' p p between Janua and Ma 9 gional Service to Science Academ ry y 2010. The CAPT used a ve ri orous r y selection. rY 9 eview process to make this Your organization will receive a subco • im le ntract award m the amount of $29 777 to s p mentation of your evaluation capaci -buildin ~ uppo~ the one tY g efforts. The penod of erforma • -year subcontract award is approximate! p nce of this mmi- • • y January, 2011 to January, 2012. Prior t subcontract rec~pfents are re ucred to at o award, re uirem q tend a phone meeting with the CAPT to revi q ants of the award. The CApT Service to ew Carrnelita Gra Science Mini-subcontract Administrator dy, will contact you short! with informatxo ' Y n about that meeting. An exciting and valuable component of the . technical award is that you will receive additional customize assistance (TAB from the CAPT UUest Re i d of our oafs g oval Team to support the accom lishment Y g ,address any concerns reviewers identi~e p reviewer corn d ~n your proposal see the s nthesis of menu attached), and meet there uiremen Y will be shared w' q is of the award. A copy of your pro osal nth the CAPT West Regional Team• and p Team will conta ~ ~ the Service to Science Lead on that ct you within the next several weeks to discus s TA next steps, ~~ CAPT National Office Education Development Center, Inc. 55 Chapel Street Newton, MA 02458.1060 Phone; 888-EDC-CAPT, ext. 3383 Fax; 617-244.3436 a A Lite in the Community for Everyone Subetaneo Abu6o and t~antal >ioatth Sotvlca Admkds~tdtla~ Again, cangralu~ations end eve look fon-vard to working Frith ou this ear Y y . Sincerely, ., Carmellta Credy, PhD Service #o Sclan~ Mlni•subconiract Adrrtlnlsfra#or Center fOrthe Application of Prevention Technolagfe~s c~ra_dy.~c,~ r .com ~:dL.~-- fClrn Dash, MPH, MA Chief, SeNIC6 !0 Science ~nltiBtlVe Cuter for the Appgcetlon of Prevention Teohnolo,~les dash edc, o Enclosure; Syrtfhesis of Reviewers' Com mints cc: Bethany D. ~adxinski, Substance Use Dls Division ofi Behev'o order Bureau Chief ~ ra(Health, Idaho Deparb~rent of Health a tl Terry Pappln, Program 5 ecle n Welfare l p fist deho Department of Health and Wel~ne Carol McHale, SaMHSAlCSAP CAPT Se AlySSa O'Halr nrlce to Science Pro)ect Of~c+sr CAPT Western Rggiona(1'eam Coordlrlator Eric Uhlson, CAPT UVestem Regional Team Service to Science lead Service to Science Building Evaluation Capacity for Evidence-Based Interventions REVIEWER SUMMARIES 2010-2011 M•. MADC's Recognize is a com rehe . p nsive program that reaches ouch fr improve risk and protective factors a y om many angles to nd eventually lower substance use been part of a Drug Free Comm rates. The program has unities grantee for several ears a conducting evaluation with o ' • y ~ nd, as such, has been p s~t~ve outcomes, The strength of this ro ' ' • to move to the next level of eval p pasal is ~n its readiness uation and its strong community backin , job detailing the ga s in the c g They do a very good p urrent evaluation plan. Unfortunate of detailin how ly, they don t do as good a ob g they will overcome those a s. ~ will ' g p The major concern is whether the be able to implement the enhancem ~ applicant ent given that the. evaluation consultant does experience as an evaluation researcher b n t have ut seems more comfortable in the role of manager. Moreover, the applicant did not ro ' pr°gram r p vide a really strong enhancement de Bally good description of how the ro sign or a p gram would use available technical assistance gap in expertise. to fill this EXHIBIT B GRANT PROPOSAL Meridian Anti-Drug Coalition aethany Gadzinski - Principle Evaluator Abstract The cornerstone of MADC's prevention io rammi • . , . p g ng, and the program to be evaluated. throe h the Service to Science in~t~at~ve ~s Reco niz g g e, The MADC's Recognize program has earned praise and honors from the Association of Idaho Cities the N orthwest Alcohol Conference, as well as substance abuse professionals throe bout the coon ' ' • g try. The coalition has been advised by those professionals, as well as the CAPT that to achieve Ion ~ ' • • • g term susta~nabll~ty of the coalition, we should apply for this Service to Science contract. This aw • and would fund a scient~ically rigorous evaluation of the Recognize ro am, If this ion itudina p ~' g 1 study shows a correlation between Recognize and the reduction of substance abuse we w Quid seek to publish our ~nd~ngs and request the program be listed as an evidence~based ro am on h ' . p gr t e National Registry of effective Programs and Policies. This listi.n would allow the g MAC to sell Recognize to other comn~unlties, thereby ensuring the long-term sustainabili of the coalition and . , , tY substance abuse prevention in the City of Meridian. Page 2 Meridian Anti•Drug Coalition Bethany Gadrinski -Principle Evaluator ~ab~e of Contents Coven Page .... . ,.,..... ............... 1 Abstract ..............,....,.........,..........,....... .................2 Section 1 ~- Frog~•arn Description .. . .......... . ...... . ... . .. . ... . ............. 4 Section 2 -Description & Justification of Evaluation Ca acit -Buildin ~ p Y g nhancement . , 8 Section 3 - Qrganizations Readiness to Implement , ,,,,, , , , , , , , , , , , , , , , , , , , , . ... 11 Section 4 -Staff Capabilities and Project Management ...... . . ............ . . . . .. . 14 Section 5 -Budget ..... . .......... . ........... I ............................. b Appendices: Appendix A -Logic Model . . .................... . . ............... . ...18 Appendix B ~-List and sumtnar of evaluation re ort . , . , , , Y p .................19 Appendix C - Resumes and letters of Commitment ................ . . . ..... 22 Page 3 Meridian Anti-Drug Coalition Bethany Gadzinski ~» Principle evaluator Proposai Narrative and budget Outline Section 1. ~Prograr~z description The Meridian Mayo~~'s AntiMDrug Coalition {MADC} was created in 2004, bringing together lcey conununity stakeholders to de~n.e and deliver solutions to address growing concerns of substance abuse as well as its negative effects on area businesses, schools, places of worship, neighborhoods, and the community as a whole. MADC utilizes a holistic approach that sustains and. enhances the quality of life by providing an environment where area families and children will thrive. MADC, through the strength and passion of its nnembers, has made positive strides, bringing effective programs to the community through our members and volunteers. The cornerstone of MADC's prevention programming, and the .program to be evaluated through the Service to Science initiative, is Recognize. The NIADC's Recognize program has earned praise and honors from the Association of Idaho Cities, the Northwest Alcohol Conference, as well as substance abuse professionals throughout the country. The coalition has been advised by those professionals, as well as the CAPT, that to achieve long-term sustainability of the coalition, we should apply for this Service to Science contract. This award would fund a scientifically rigorous evaluation of the ,Recognize program. If this Longitudinal study shows a correlation between Recognize and the reduction of substance abuse, we would seek to publish our findings and request the program be listed as an evidence-based program on the National Registry of Effective programs and Policies. This listing would allow the MADC to sell Recognize to other communities, thereby ensuring the long-term sustainability of the coalition and substance abuse prevention in the City of Meridian. 1. The general substance abuse problem to be addressed aad its contributing factors and consequences, with supporting evidence from research and/or practice The Recognize program is a holistic prevention and leadership development program that addresses both specific substances of abuse alcohol, Marijuana and tobacco} and the protective factors that lead to non-use to include individuaUpeer factors, family factors, and community T~ factors, Recognize is a collaboration between the Meridian Joint School District, local Meridian Businesses, Meridian's PAL youth sports league, Law Enforcement, Community Leaders, and L.E.A.D.E.R.S.H.Z.P.1~. The Recognize program specifically targets high school students in the Meridian School Dis~ict and elementary students who play sports with the PAL youth sports league. Research on adolescent substance use has focused on the .relationship between characteristics ofindividualsandthe environments where they live, David Hawkins, Richard Catalano and Janet Miller reviewed the research Literature to identify what they called risk and protective factors, This work was later described in a 1992 book entitled "Cona~munities that Care: Action for Drug Abuse prevention. These factors are divided into four separate categories; IndividuaUPeer, Family, School and Community. As identified in our logic model in Appendix A, Recognize is designed to address several key risk and protective factors to include: • Increasing student disapproval of substance use by others ~ individual/peer factor The influence of the peer group on children and adolescent's decision making, including the decision to use substances, is one of the most powerful forces parents and teachers have to contend with. School and community programs that provide safe havens and pro- social activities, such as .Recognize, can increase exposure to positive peer groups and adult role models and can lessen the influence of the negative peer group. • Increasing students perception of substance abuse risks -~ individual/peer factor Page4 Meridian Anti-Drug Coalition Bethany Gadtinski - Arinciple evaluator Youth who believe that substance use carries unacceptable risks br is haranful are less likel to use alcohol and other substances. Substance abuse prevention programs that Y teach healthy decision making and convey accurate risk information, such as Recognise, can increase ouch understanding of the risks of substance use and should result in lower Y use rates ~ncreasin the belief that parents disapprove of substance use -family factor ~' . The im act of arental attitudes about teen substance use and the communxcat~on of that p p disa royal is one of the strongest protective factors that research has identified. pp , . Prevention programs intended to raise community awareness and social noram~ng ro rams, such as Recognize, can make parents aware of the importance of their roles as pg substance abuse prevention educators Increasing Community Attachment --community factor Pro rams that increase community attachment, such as Recognize, have been correlated g to lowering substance use by adolescents/children 2. Summarize the essential prevention program activities Below is a schematic of the Recognize program components followed by a more in-depth description of each component L,E.A..D.E,R. S,H.I.P. web based curriculumn Cornmitrnent by \ Community Leaders To publicly recognize adolescents/children for positive behavior ~ Local businesses recognize participants with free items Coaches delivery of messages ` throe h L.E.A.D.E.R.S.H.X.P. lst g coaches training ~Adolescentlchild participant Cornrnitment in writing by participant to stay drug/alcohol free Comrn~trn.ent y parent to work with child on web based curriculum School district to implement program with High School Student Athletes , Commitment in writing by participant to serve as a leader & mentor among their peers & assist in inducting the next generation of ~ student leaders / Com. onent 1- L,E.A.D,E.R.S.H.I.P.1sT web-based curriculum p L.E.A.D.E.R.S.H.I.P. lSt is acurriculumthat is designed to be used in a variety of settings to educate and empower individuals to become "self directed leaders." This innovative structure allows for positive peer pressure to occur, used as a character education program that allows those who are enrolled to develop leadership skills, with a state of the art technology platform, Page ~ Meridian Anti•Drug Coalition Bethany Gadzinski -Principle Evaluator i ' ovative a roach to iovidin leadershi development, drug and alcohol education, and th s i~ pp p g p health alternatives is used to im act and empower youth. Using evidence based model to ~' p uxe re and ost data this ro ram can be implemented in three easy phases. Durat~o.n of this rapt p p p g cam onent is 12 weeks with daily to weekly exposure p Component 2 -Coaches messaging and training ,~.A,.D.E,R,S,~.x.~. lst rovides a companion program to the web based student curriculum L p . that focuses on en aging and training athletic directors and coaches on messaging the same g . cam onents thafi are being taught within the web based curriculum., This messaging reinforces p the conce is and rovides ositive modeling of the concepts. Duration of this component is 12 p p p weeks with daily to weekly exposure Come onent 3 -Parents working and reinforcing messaging from web-based curriculum p As with their child's coach, the web based curriculum is intended to be reinforced through parent interaction with the child, as they are moving through the 12 week course. Duration of this component is 12 weeks with daily to weekly exposure Component 4 - Commitment by Community Leaders Communit Leadership, from the Nlayor on down, have committed to making Recognize Y ,, d namic and sustauaable program. Recognize participants are routinely spotlighted at Y com~muni meetin s and events. Duration of this component is ongoing with continual tY g exposure Component 5 - Com~ixiitment by the School District The Meridian School District has committed, from the Superintendent to the school principles to to chers and coaches to im Iement the Recognize program. This commitment includes the a ~ p ublic ieco 'tion for students who are involved in the program. at such events as varsity football p .. _- amesand all school assemblies. Duration of this component is ongoing with continual g exposure. Component b - Locat Business recognition Partici atin students receive a dog tag with MADC's emblem, their name, and the message p g .. `not«even-once'. Paxtici acing businesses display a door sticker and plaque in support of p Reco ize and offer services or oods to those students who present their dog tags. For example, S~ g , Slim ie Sub Sandwich) offers a discount to youth displaying their `not-even-one dog-tag. p( Businesses rom t their employees to ask the question `Are you drug free?' before the p p discount/ 've-a-wa is i.ven; of course the answer must be yes . By creating a conduit for youth gi y g to become en a ed in the community, this program wilt foster a dialogue among area youth and gg ~ .. local businesses. it also reinforces kids that make good choices in committing to be drug free. Duration of this component is ongoing with continual exposure. Component 7 - Commitment by participant to stay drug-free Students si n a ublic commitment to remain drug free, which is displayed in each of the schools g p and a co of their pledge given to their parents. Duration of this component is ongoing with pY continual exposure. Component 8 --Commitment by participant to serve as a leader and mentor Bein inducted into the program is not as simple as signing the pledge, as we are truly tryin to g ~T cultivate student leaders. Participants are required to go through the L.E:A.D.E.R.S.H.I.P, l Page 6 Meridian Anti-Drug Coalition Bethany Gadiinski ~ principle Evaluator curriculum and are re wired to serve as a leader and mentor among their peers and web based q ' ' nductin the next eneration of student leaders done grade below}. Duration of this assist in ~ g g component is ongoing with continual exposure, 3. Identif the e~ ected substance abuse hand other relevant} outconr~es of the program y p activities and explain why the program will affect those outcomes. ~x ected short intermediate and long terns outcomes from this program include: p • Short term: o Increase age of first use by 1 Increase the belief that substance use carries unacceptable risks or is harmful by 1 0 o Increase Disapproval of others using substance by 1 % o Decrease reported use by friends by 1 • Intermediate o Increase age of first use by 2% o Increase the belief that substance use carries unacceptable risks or is harmful by 3% o Increase Disapproval of others using substance by 2% o Decrease reported use by friends by 3% • Long-term o Increase age of first use by 4% Increase the belief that substance use carries unacceptable risks or is harmful by 5% 0 o~ Increase Disapproval of others using substance by 6% o Decrease reported use by friends by $% e ast two ears we have seen the short term outcomes come to fruition This makes us Over th p y ' that the intermediate and lon -term outcomes are possible. I~owever, without the believe g 'orous follow-u evaluation to be developed and implemented with funds from this contract, rig p we will not be able to definitively determine if this program specifically impacted the _- intermediate and long-term outcomes. 4 x lain haw the ro ram is innavative; that is, new, original, creative and feasible or .E p p g useful lthou there are man ro rams that contain pieces of the Recognise program, we have not A gh Y p g . . ram that contains all the elements of the Recognize program. Our hypothesis is that found a prog ' n tion of the ro inn com onents is what is getting us the outcomes we are currently the conabi a p gr p ' e believe throw h a ri orous follow-u evaluation of this particular program we will be seeing. w g g p able to definitively determine the following: • Do the outcomes we see cast aver the completion of the curriculum based components? • Is it the combination of the components that gives us the outcomes? • Is this rogram replicable in other settings -~ such as middle schools? p If our h othesis is conect, the answer to each of the questions above will be yes. Through Yp discussions with other communities at CADCA and PAL events, other communities are ' rested in ado tin this innovative ro ram if we can prove this specific program has a casual ante p g p g relationship to the positive outcomes we are seeing in Meridian. Page 7 Meridian Anti-Drug Coalition Bethany Gadzinski -Principle Evaluator B. Secfiot~ Z; Description anc~ J'usti tcnfiojt of ~varuation Capacity-Br~ilrling Enfinj~cement f. Describe the program's preliminary evaluation plan The current ro'ect evaluation lan for Recognize is very simplistic and one that is used by pJ p man revention ro rams nationally, Pre and post tests are given, via survey monkey, to both yp p g children/adolescents who have completed the web based training and to the coaches. This data is then anal zed b the coalitions contracted evaluator and results are distributed to members of y Y. . MADC, In addition, anecdotal and qualitative data is gathered through structured interviews with school ersonnel and community leaders. All of the quantitative data and qualitative data P . are combined and become part of the year end evaluation sunu~niaxy. As MADC ~s a Drug Free Communities rantee, data is also given to SAMHSA and ONDCP via their reporting system - g COMET. 2. Ydentify and describe gaps in the preliminary evaluation plan. There are tremendous gaps in the current evaluation plan that include the following • At resent, there is no way to determine if Recognise, as a program, is driving the ~, .. • ositive outcomes we are seeing in Meridian as we have not isolated tlae outcomes data p specific to this program • No follow-up data is gathered to determine long term effects of the program on participants and stakeholders. • Norandomized orquasi-experimental evaluation has been conducted on the program. • A data collection system has not been developed to analyze all data gathered for this program to include the combining of qualitative and quantitative data. • A plan for journal article reporting has not been developed • S stematic em irical research has not been conducted on the program that would provide y p evidence of statistically significant effectiveness _ _ - • No lan for developing a manual for this program has been developed thus there is no p way to define "fidelity" 3. Identi the evaluation enhancen~ent~s) to be implemented and explain how this/these will address gaps and limitations of the preliminary evaluation plan. The Reco nize evaluation project includes two key components, First the internal evaluation S ca acit of Recognize will be strengthened 1n the areas of formatting data for professional anal sis writin articles for peer reviewed journals, and developing an application for NREPP y ~ g .. reco nition. Second, a contract amendment with the coalitions outside evaluator will provide for g additional external~ro rang evaluation expertise. The internal ca acit develo went component will commit 5 hours per week of the time of the coalition Pro'ect Director exclusively to Recognize progrann evaluation ac#ivities. This focused J evaluation capacity will be committed to collecting any missing data, formatting tb~s data into Excel s readsheets for statistical analysis, obtaining specific evaluation training, co-authoring, . P with the external evaluator, program evaluation articles to be submitted for publication, and co- authoring, with the external evaluator, a proposal for NYtEPP recognition. The external io ram evaluation com onent will include purchase of additional time from the coalition evaluator to Pale 8 Meridian Anti-prug Coalition Bethany Gadainski ~ Principle Evaluator • Design a quasiMexperimental evaluation with the variable being the web based cu~•riculum and coaches messaging, This is feasible as the Recognize program began without the web based curriculum and coaches training, Within this evaluation the legacy .Recognize program will be offered to a comparable group. • Develop and implement data collection systems and instruments • Analyze the data • Preliminary preparation of a journal article 1•eporting program ~mdings • Provide technical assistance for developing an NREPP application 4. Explain the purpose of the proposed enhancement~s~ The purpose of the proposed enhancement is to determine the following in regards to the Recognize program; • Do the outcomes we see last after the completion of the curriculum based components? • Is it the combination of the components that gives us the outcomes? • is this program replicab~e in other settings -such as middle schools? 1n the east two years the MADC as a coalition has seen the following results: outcome 244G Data 2008 Data Chan e increase age of first use by 1% 3T°/o before a e13 25% before a e13 12 percentage points Decrease ire uenc of use b 1 % in 8~ raders 63°lo no use Nat collected Decrease f uenc of use b 1 °/° in 10~ raders 56% no use 71 % no use 15 ercenta a oints Decrease fre uenc of use b 1 % in 12~ raders 60% no use 63% no use 3 ercenta a oints Increase disa royal of usin substances b 1 °lo G3% 66°/° 3 ercenta a ants Increase the belief that substance use carries unacce table risks or is harmful b 1 51 °/° 6~4°/0 13 percentage points Decrease re orted use b f Wends b 1 % 60% 53% 7 ercenta a ants Increase the belief that parents disapprove of substance use b 2% 40°l0 51°/° 11 percentage points we theorize we have achieved these results, in part, through the development and implementation of the Recognize program. The purpose of the proposed enhancement is to scientif ically prove or disprove this belief. If we can prove this theory, we will move forward with application to NREPP, 5. Explain how the technical assistance provided through the Service to Science initiative heaped inform your decisions about the proposed evaluation enhancement~s~. Key MADC staff to include: • Elisha Figueroa, Coalition Project Director • Brenda Murdoch, Coalition Coordinator • Lt. John Overton, Community Services Division, Meridian Police Department • Bethany Gadzinski, Coalition External Evaluator worked with Eric Ohlson, MSW, Service to Science Coordinator, Center for the Application of Substance Abuse Technologies, CJniversity of Nevada, Reno in an onsite day long technical Page 9 Meridian Anti-Drug Coalition i3ethany Gadzinsfti --Principle Evaluator assistance session to determine needed evaluation enhancements. Extensive discussion at this workshop and follow-up emails were conducted to determine the coalition's readiness to undertake the rigorous evaluation and specific steps necessary for an NIZEPP submission of the Recognize program. Through this technical assistance, the decision was made by coalition staff and the Mayoi• of Meridian to pursue an application for funding through the Se~•vice to Science Initiative Building Evaluation Capacity far Evidence-Based Interventions Request for Proposals. This decision was not made lightly but was made due to the information and encoulage~:ent we received from the technical assistance provided through the Service to Science initiative. 1V1r. Ohlson was instrumental in preparing us, by sending F.FF examples and through continual dialogue via email, for completing this application. 6. Identify potential barriers to the proposed enhancement{s) and describe how tb~ey will be addressed, whenever an entity undertakes a comprehensive and in-depth evaluation of a programs., such as the one IUTA~C is proposing, that includes multiple components and aquasi-experimental evaluation, there can be barriers. These barriers include; • Failure of one or more of the components to fully engage in the evaluation process • Conflicting results that create tensions between the .program components • As this is a one year project -running out of time to complete the project Each of the components of this program have committed either verbally or in writing to support the evaluation project which leads us to believe that we can address the first bullet point with constant communication and feedback to each of the components. All components understand that the evaluation may or may not show that this program is key to the outcomes we have seen as a coalition. If the results are not positive, each component is willing to work on their piece to increase the viability of the program. As far as barrier three, we believe that through monthly updates on the evaluation, at MADC meetings, we will keep on track to finish in one year. Finally, we believe that based on past performance we can overcome any potential barriers. Page 10 Meridian Anti-Drug Coalition Bethany Gadzinski ~- principle evaluator C', Section 3: Organizatio~z's .~ea~iness to l~nplement .PYOposerl Evaluation ~`apacity Enha~tce~nent, ~, MAl?C's current evaluation capabilities 1VXADC currently contracts with an outside evaluator to conduct ongoing coalition and coalition sponsored programs evaluation. A.s a Drug Free Communities grantee, evaluation is a key and integral component of the coalition, To describe current capabilities, the following is the most recent evaluation com onent u date: Evaluation Activi Name: "Reco nine" Coaches Surve Sta#us: Coaches Survey for the Recognize program. This instrument is a seven question Complete survey to gather information from coaches on the effectiveness of the Recognize program. Survey results showed the 78,7% of coaches strongly agreed that targeting athletes with substance abuse prevention information is important and 59,d% felt using coaches to instruct athletes regarding the effects of substance abuse definitely affective. Evaluation Activi Name: Meridian olice ~3e art~aa~ent Alcohol Server Trainin Status; Alcohol Server Training post class survey, This is an eight question survey given after Complete the Meridian Police Department Alcohol Server Training Nine surveys were completed during this reporting period. Results showed that participants generally or strongly agreed with each of the following eight questions, with all ranking question 6 as strongly agree: I) The training 7 received covered the declared objectives 2) The training I received is appropriate for rr~y current duties, or duties expected in the near future 3} This course has increased my knowledge regarding laws surrounding alcohol sales 4) The information was presented in an appropriate level of detail for my use S) Handouts were easily understandable d} As a result of this training 1 am less likely to sell to a minor 7) Overall, course obj ectives, organization and content were of high quality $ Would you recommend this trainin to others? Evaluation Activity Name: Smart N~oves, program conducted at the Meridian Status Bo sand Girls club Post»test program evaluation utilizing the Thorsteinson assessment tool. This tool Complete asks questions around attitudes, behavioral expectations/intentions, behavioral willingness, and risk of harm, Participants are asked to rate 4 attitude questions from good to un-enjoyable, 8 behavioral expectations/intentions questions from definitely not to definitely will, 8 behav;oral willingness questions from not at all to very willing, d risk of harm questions from no risks to great risk. Survey results showed an increase in positive attitudes and behavioral expectations/intentions around non-use, a willingness to say no to peer pressure to sue and an understanding of the risk and harm of using substances. Evaluation Activi Name: Reco nine Status This is a prelpost survey given to PAL baseball players who participated in the Ongoing Sun~umer 201 o season. Twenty-two children participated in the activity and responded to both the pre and post assessment. Results showed that 21 of the 22 participants improved their knowledge and 1 stayed the same. Page 11 Meridian Anti-Drug Coalition Bethany Gadzinski ~ Principle Evaluator Evaluation Activity Name: Cultural and i~inguistic Competence Polic Y Status Assessment This survey is an adaptation of tlae Cultural and Linguistic Competence Polic Y Qn ain g g Assessment created by Georgetown University for community health centers. This survey is taken each year by the coalition boa~•d. Questions revolve around five ke Y . competency areas to include; • Knowledge of diverse communities • organizational plailasoplay * Coalition involvement in diverse communities • Resources and linkages • Engagement of diverse communities The results of the survey showed key communities we .have not been able to engage. A. Ian was created to attem t to en a e these communities in the MADC, Evaluation Activi Name: Sustainabili self assessment Status: SustainabilitySeif-Assessment Tool developed by The Finance Proj ect. This Qngoing ~ assessment was completed by the coalition Boa~•d. This survey is completed each ', year. This survey looks at eight elements of sustainability -vision, results orientation, strategic financing orientation, board-based community support, key champions, adaptability to changing conditions, strong internal systems, and sustainability plan. Surveys from year one of the DFC grant were compared to the surveys taken 9/23/2 10. The surveys showed a marked positive increase from "have begun to im lernent" to "have made solid ro ess in im lementin the task." Evaluation Activity Name: Teems and Substance Abuse: What Every Parent and Status: Educator Must Know ~-Session 1 This survey was a post workshop survey utilizing a 4 point lickert scale from Complete outstanding ~ 1 } to below average t4). The session this evaluation covered was a workshop entitled "Understanding the Social quad Emotional Development of Teens." The five questions asked with the corresponding average scores are: 1) Relevancy ofTopic --1.~8 2} Provided new information/ideas - l . $4 3} Speaker presentation skills -1.94 4} Quality/relevance ofvisual aids--1.87 S 0 ortunit for uestions -1. $ ~ Evaluation Activity Name: Teens and Substance Abuse: What Every Parent and Status: Educator Must Know --Session 2 This survey was a post workshop survey utilizing a 4 point Iickert scale from Complete outstanding (1 } to below average (4}. The session. this evaluation covered was a workshop entitled "Brain Development in TeensMMental PIealth Issues and Addiction." The five questions asked with the corresponding average scores are: 1) Relevancy of Topic -1.3b 2) Provided new informationlideas ~ 1.57 3) Speaker presentation skills -1,75 4} Qualitylrelevance ofvisual aids -1.64 5 4 ortuni for uestions--1.61 Evaluation Activity Name; Teens and Substance Abuse: What Every Parent and Status: Educator MustKnow -Session 3 Page 12 Meridian Anti-grug Coalition Bethany Gadzinski - Principle Eva{uator • utilizin a 4 Dint licke~•t scale from This survey was a post workshop survey g p Complete ' to below aveia e 4 . The session this evaluation covered was a outstanding (1} g ~ ) ' acco Alcohol Mari' uana and Cun'ent Drug Trends." The five worlshop entitled Tab ~ questions asked with the conesponding average scores are: 1} Relevancy of Topic -1.06 2) Provided new informationlideas -1,09 3} Speaker presentation skills -1.13 4} Qualitylrelevance ofvisual aids -1.06 5 0 ortuni foi• uestions ~ 1.40 ' c 'vi Name: Dru Free Idaho'work lace Parentin Course Evaluation A h Status: ' r the Dru Free Idaho work lace Parenting Course. The , • Pre/post evaluation fo g p Complete , ssessment used a five Dint lickert scale with one being positive and five bung very a p d ne ative. The assessment looked at four different areas of the course. The areas an g the overall pre and post test scores are: Parental involvement and engagement in children's activities: 2.5 pre and 3.0 post 1} 2} Rules and Family Structure: 2.8 pre and 3.4 post 3 Communication and Emotional Expression: 3.3 pre and 3.9 post } 4 Eeliefs about substance abuse; 3.1 re and 3.5 ost i0n ACtlvi Name: Coalition self assessment Evaluat ' sment is iven eve six months and looks at 23 specific questions around This asses g rY Status: Ongoing uali of the MADC. uestions are rated on a 10 point lickert scale with 1 being the q tY Q " on disa ree" and 10 being "Strongly agree." This reporting period covered the str gly g arch curve c cle, Results of the survey showed continued growth in all areas of fo y y coalition develo ment. Z. Identify evaluation needs, gaps, andlor limitations __ _ est need we have in re aids to our evaluation is the lack of funding to conduct extensive The larg g luations that meet the re uirements to become NREPP approved. We believe we have the eva q ' t eo le in lace and the abilit to create the right tools if we had the funding. Without this righ p p p Y ' we are limited to our current evaluation which will not meet the standards for NREPP funding, consideration. 3. Describe organizational resources to be allocated to the proposed enhancement staff and members have a reed to commit the time necessary to support the evaluation of MADC g . ur Reco nine ro am. Yt is clean understood by all members that NREPP designation of the o g p ~ ~' Reco ize ro ram is a ke corn onent of the coalition's sustainability plan. Please seethe 8'n p g Y p letter of commitment by MADC Project Director L.E.A.D.E.R.S.~.I.P 1St is committed to participating in the evaluation and providing any information necessary for the evaluation. rnal evaluator has uoted a flat rate for her services and is committed to setting aside as Our exte q rnan hours as needed to com fete the deliverables of this contract. Please see her lettier of Y p commitment. Page ~3 Meridian Anti-Drug Coalition Bethany Gadzinski - Princlpfe Evaluator 4, explain how you ~~-ill use technical assistance from the CAPT to supplement or complement your capacities The ro'ect as described is a complex and multi component evaluation, Due to this, MADC and pJ its external evaluator will be in constant contact with our CAPT to assure we are on target and that each ste is in com liance with. our ultimate goal of receiving NREPP designation. All p p technical assistance provided through the CAPT will be utilized. D. Sectioai 4: Staff Capabilities and Project ~anage~anent. 1. fey internal and e~cternal project staff, including evaluation staff or independent evaluators, as well as other staff to be assigned to implement the proposed enhancement and the relevant expertise, qualifications, and drills of staff assigned to this project The key internal program evaluation staff for this project is Coalition Project Director Elisha Figueroa. Elisha has been the Coalition Project Director for the past two years. Elisha led the coalitions strategic planning for the current year and was instrumental in moving the ,Recognize program forward. Elisha is an NISVV who has experience i~n program planning and evaluation. Elisha will dedicate S hours per week of her time exclusively to Recognize program evaluation activities. This focused evaluation capacity will be committed to collecting al~y missing data, formatting this data into Excel spreadsheets for statistical analysis, obtaining specific evaluation training, co-authoring, with the external evaluator, program evaluation articles to be submitted foi• publication, and co-authoring, with the external evaluator, a proposal for NREPP recognition. The key ext_ arnal~program eyaluatoo, n st~ff is Coalition Evaluator Bethany Gadzinski. Because the Coalition understood early on that we do not have all the experience and capability needed to Lead and update a comprehensive coalition and program specific evaluation, we have contracted with Ms. Gadzinski to lead our evaluation efforts. As the former Idaho Single State Authority Director for Substance Abuse Prevention and Treatment, Ms. Gadzinski has access to a multitude of State, Regional and local data bases. Ms. Gadzinski has been collecting, analyzing and reporting local and State project evaluation data, to include quaza-experimental evaluations, for the past 1Z years. In addition to Ms. Figueroa and Ms. Gadzinski, fit. John Overton will serve as the liaison between the project and City leadership. Lt. Overton has held the position of Liaison between the Coalitional and the City since the coalition's inception in 2004. Lt. Overton has been instrumental in moving forward both the coalition and the programs it sponsors. 3. Describe the management and administration of the proposed project enhancement. The responsibility for the implementation and timely completion off' evaluation enhancement tasks specified for this project will be cowmanaged by Ms. Figueroa and Ms. Gadzinski. The design of this project includes monthly work sessions at the Meridian Police Department that have been incorporated to develop a highly productive and ongoing partniership between the Evaluation Project, the Coalition and Ms. Gadzinski, we firmly believe that this commitment to ongoing face-to-face co-management meetings will provide the structure and focus necessary for accomplishment of project goals and activities. A portion of each meeting will be dedicated to reviewing the sequential project goals and activities, identifying tasks to be accomplished within the next month, clarifying the respective roles and responsibilities for completing each project activity, and reviewing work that has been completed since the preceding meeting. Page 14 Meridian Anti-Drug Coalition 8eti7any Gadzinski ~ Principle Evaluator 4. Timeline for accomalishin~ tasks and milestones What Who When -Jan 2011 ~ Dec, 200 Jan Feb ~Vlarch Aril Ma ~u~ae Jul Au Set pct Nov sec Receipt of MADC X contract Contract MADC and X Ne otiation CAPT A-dd MADC and X contract B. deliverable Gadzinski to evaluato~•s contract weekly E Figueroa X X X X X X X X X X X X meetings B. with Gadzinski Evaluator and Project Director Commence Begin work B. X X on survey Gadzinski tools Develop B . X X X and Gadzinski implement data collection .. systems and instruments Begin B. X X X X X Evaluation Gadzinski E. Fi ueroa Analyze B. X X Data Gadzinski Prepare B. X X re ort Gadzinski Preliminary B. X X preparation Gadzinski of a journal. article reporting program findin s Begin B. . ~ X Developme Gadzinski nt of E, Figue~•oa NREPP a lication Page 15 Meridian Anti-Drug Coalition Bethany Gadzinski ~ Principle Evaluator ~. SCCtlOII S: ~Ud~C~. ' osal is conditioned on the a reement of the pa~•ties on rnutuaily acceptable terms, Clty s prop ~ conditions, guidelines and re uirements." EXPENSES • tion Enhancement Mini subcontract - Evalua Totals January 1, 2011- December 31, 2011 Annual Name FTE solo Total 1 Pro ram Administrator 5% 44,000.00 $ 2,200 . ~ 2,200.00 Total Salaries Prin a Percents a Total solar 15% of Position ~ 5% 2,200.00 330.00 Total $ 330.00 Erin e Total staff costs 2 530,00 $ ' Evaluation Consultants Bethany Gadainski, Coalition Evaluator date Unit Qevelo ment of surve toms $ 5 000 1 $ 5,000 Im lenient evaluation $ 5 000 1 $ 5 000 Analysis, key findings, final document re oration $ 5,000 1 $ 5,000 Total Consultants $ 15,000 Evaluation Partici ants Item Cast # Participants # roups ._ _- Incentive for evaluation participants $ 15 200 2 $ 6,000 Total Participant Costs $ 6,000 0 eratin Item Cost Months Amt Phone (local, long distance, Internet $ 150 12 $ 1,800 Co ies $ 30 12 $ 360 Software license SPSS $ 300 1 $ 300 Su lies $ 50 12 $ 600 Ponta e $ 40 12 $ 480 Total Operating $ 3,540 Total Direct Costs $ 27,070 Indirect Cost -10% $ 2,707 Total Expenses $ 29,777 Page 1fi Meridian Anti-Drug Coalition Bethany Gadzinski ~ Principle Evaluator budget Narrative; li i n Pro'ect Director -- 5°/a of hei• tiil'le ~ 2,200 Coa t o ~ ~'rin e $ 330 g S hours er weelt of the time of the coalition Proaect Director exclusively p ... to Reco nine program evaluation activities. This focused evaluation g ca acit will be committed to collecting any missing data, formatting this p Y .. . data into Excel spreadsheets foi• statistical analysis, obtaining specific evaluation training, co-authoring, with the external evaluator, program Evaluatioa Consultant The coalition does not have the expertise to conduct a rigorous evaluation of the Recognize program so we will add to the current evaluation contxact of the coalitions external evaluator who does have the expe~•tise to conduct this program evaluation. • Design aquasi-experimental evaluation with the variable being the web based curriculum and coaches messaging. This is feasible as $ 5,000 the Recognise program began without the web based curriculum and coaches training. 'U~lithin this evaluation the legacy Recognise program will be offered to a comparable group. • Develo and im lenient data collection systems and instruments p p • Analyze the data • e ati n f a ' ournal article re ortin ro am $ 5,000 Preliminary pr par o o ~ p g p~ f indi~gs ' an N~EPP a lication ~ 5,000 • Provld.e technical assistance for developing pp Evaluation Participant Incentives Each participant who participates in the six and twelve month post ' control ou will receive a ~ b,000 program evaluation, from both the project and gr p $15 gif i certificate incentive. we believe, based on research that this incentive will help to increase participation in the evaluation. ~peratiag In order to successfully complete this project, there are sfiandard operating costs to include Phone Copies Supplies Postage In addition, the coalition does not have the needed software for this project. The evaluator does have the software so coordination of information collection will be enhanced by the coalition also have SPSS software Indirect --Standard City indirect of I o% T~TAE $ 3,240 $ 300 $ 2,70? $29,777 Page 17 O~ ..... O C .... a C .~ ~ -O >' .Q o \ ~ o ~ ~ o \ ~ ~ Q ~ ~ N~~-(O N 4~ d' ~ d' C 'd' ~ C ~' ~ ~ .C .+.~ ~ O 4.. . ~ O ~ p0 ~c~u ~r0 ~,c~v ~ ~~ ~p ~~ O~ a~ N = ~.x ~,` o O ~~ ~~ ~~~ o~~ o~~ ~~ voi~~'' ab yro ~Q o~~ ~~~ ~~~ o O.~°u~~ ~ ~-~~ ~ ~c~ ~' ~"- ~ V N ~ ~ ~ N 41 ~ G3 .D C7? N~ ~ ~ .~ CA ~ N~ O N ~,- ~ ~ ~ ro ~ V ' ~ ~ N ro N ~~ C1~o~o } 0~~ C3~~ ~N~ ~ ~ tAU ~ ~~ ~ 4 V~ 0 U ~ C O •~} J a • • • ~ORf ~ ~7.c G]~ ~ ~~ ~ ~ ~ N ~ N ], N ~~~ "d ro ~ ~ '- ° ~ RS N 'O ~ O + ~t ~ ~ ~ to ~ O._ N t0 U C.~ N t~ C.C .N «O ~ ~ M ~y ~ C ~ ~ ~„~ C a ~ ~M ~ ~~ ~ ~~0 ~ ~~~ ~ je:~ N ~~ ~~~,tn0 _ OARS U rn 4- G] ~ ~ .~ . ~ . ~.. O .Q 'o ~ ~- ~-' ~ .Y ~ ~ cv '~ • • a a a ~o~c ~-~~'~~ Q~c~o ~- o ~ ~ co ~ w- c~ ~ 'ro ~ can r ~ ~ to ~ N O N ~+ c r- 41 ~+ ~ ~ Nv `d ~ ~. c d? 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DC ~p ~,. ~ o c m o ~ ro • • • • • • • • • • • • • • • • • • ~o W c a 'u C o '~ ua ~ ;~ ~N o ,~ N aA c~ ~v ~ ~v '~, ~o .~ _ ..... ~~> ao~ E m~c~ a~ ~' r~~ ~°~a V~ O ~ n.._ N .~ ~+ • O y O ~ U 3 ~- ~ .IV ~ a..a to ~ O ~ ~ 'D ~ T.7 C '~ _~ O C ~ ~ N ~ ~ O~~ d} ~ co .~~~ co ~~~°~c~ ~ coq Qo~ . ,~,,, a' O .~ t0 ~ O p ..,.. cu ;~,, ~ .,u ~. ~ ~ ,~ .C 'C ~ .C ~+-+ ~ r ~ ,~ N ~ ~ O C r '~ Q r ~ 'C N ~ , LL to I-- o, a ~ .~ ~ h c~ F- '~ a ca cv ~ hr a. a E--• v a, .~ .c •v ~~ • • • • a~ • • ~~ ~ ° ° `~ v, 0 0 ~0. ~ o.~~o c c cn ~a ,c cn 'c~ .... .ti ~.. .... Co~c ~~ >'cn~ ~ ;o ro> r~ '~nQ1h-mCn rt~'CO~~ ~~(~N~~~,4~i~•~.UN~o~~RS~ a a Meridian Anti~Orug Coalition Bethany Gadzinski -Principle Evaluator A endix B, a list and summ of evaluation re arts Evaluation Activi Name; "Reco nice" Coaches Surve Coaches Survey for the Recognize program. This instrument is a seven question survey to gather information from coaches on the effectiveness of the Recognize program. Survey results showed the 7'8.7% of coaches strongly agreed that targeting athletes with substance abuse prevention information is important and 59.d% felt using coaches to instt~uct athletes regarding the effects of substance abuse definitel affective. Evaluation Activi Name: Meridian olice De artment Alcohol Server'prainin Alcohol Server Training post class survey. This is an eight question survey given after the Meridian police Department Alcohol Server Training Nine surveys were completed during this reporting period. Results showed that participants generally or strongly agreed with each of the following eight questions, with all ranking question d as strongly agree: 9} The training I received covered the declared objectives 10) The training Z received is appropriate for my current duties, or duties expected in the near future 11 }This course has increased my knowledge regarding laws surrounding alcohol sales 12}The information was presented in an appropriate level of detail for my use 13} ~Iandouts were easily understandable 14} As a result of this training r am less likely to sell to a minor 15}Overall, course objectives, organization and content were of high quality 1 d V~lould ou recommend this trainin to others? Evaluation Activity Name; Smart ll~oves, program conducted at the ll~eridian Boys and girls club Posttest program evaluation utilizing the Thorsteinson assessment tool.. This tool asks questions around attitudes, behavioral expectationslintentions,behavioral willingness, and risk of harm. Participants are asked to rate 4 attitude questions from good to unMenj oyable, $ behavioral expectations/intentions questions from dell Wifely not to definitely will, 8 behavioral willingness questions from not at all to very willing, 6 risk of harm. questions from no risks to great risk. Survey results showed an increase in positive attitudes and behavioral expectations/intentions around non-use, a willingness to say n.o to peer pressure to sue and an understanding of the risk and harm of usin substances. Evaluation Activi Name: ~teco nize This is apre/post survey given to PAL baseball players who participated in the Summer 2010 season. TwentyMtwo children participated in the activity and responded to both the re and ost .. p p assessment. Results showed that 21 of the 22 participants unproved their knowledge and 1 stayed the same. Evaluation Activi Name; Cultural and Lin 'stir Com etence Polic Assessment This survey is an adaptation of the Cultural and Linguistic Competence Policy Assessment created by Georgetown University for community health centers. This survey is taken each year by the coalition board. Questions revolve around eve key competency areas to include: • Knowledge of diverse communities • Organizational philosophy • Coalition involvement in diverse conununities ~ Resources and linkages • En a ement of diverse communities Page 19 Meridian Anti-Drug Coalition Bethany Gadzinski -~ principle Evaluator The results of the survey showed key contimunities we have not been able to engage. A plan was created to attem t to en a e these communities in the MADC. Evaluation Activi Name: Sustainabi~i self assessment SustainabilitySeff-Assessment Tool developed by The Finance Project. This assessment was completed by the coalition Board. This survey is completed each year. This survey looks at eight elements of sustainability ~-vision, results orientation, strategic financing orientation, board-based community support, key champions, adaptability to changing conditions, strong internal systems, and sustainability plan. Surveys from year one of the DFC grant were compared to the surveys taken 912312010. The surveys showed a marked positive increase from "have begun to im lenient" to "have made solid ro ress in im lementin the task." Evaluation Activity Name; Teens and Substance Abuse: What Every Parent and Educator Must Know -Session 1 This survey was a post workshop survey utilizing a 4 point lickert scale from outstanding ~l) to below average ~4}, The session this evaluation covered was a workshop entitled "understanding the Social and Emotional Development ofTeens." The five questions asked with the corresponding average scores are; ~} Relevancy ofTopic -1.68 7} Provided new inforn~ationlideas -1.84 8} Speaker presentation skills -1.90 9} Quality/relevance of visual aids ~ 1.87 10 Q ortunit for uestions -1.80 Evaluation Activity Name: Teens and Substance Abase: 'U~'hat Every Parent and Educator NXust Know -Session Z This survey was a post workshop survey utilizing a 4 point lickert scale fronn outstanding (1} to below average ~4}, The session this evaluation covered was a workshop entitled "Brain Development in Teens-Mental Health Issues and Addiction." The five questions asked with the corresponding average scores are: 6} Relevancy ofTopic--1.36 7) Provided new informationlideas -1.51 8) Speaker presentation skips -1.75 9} Qualitylrelevance ofvisual aids -~ 1.64 10 d ortuni for uestions -1. d 1 Evaluation Activity Name: Teens and Substance Abuse: what Every Parent and Educator Must Know -Session 3 This survey was a post workshop survey utilizing a 4 point lickert scale from outstanding ~ 1 } to below average (4). The session this evaluation covered was a workshop entitled "Tobacco, Alcohol, Marijuana and Current Drug Trends." The five questions asked with the corresponding average scores are: 6} Relevancy ofTopic -1.06 7) Provided new informationlideas -~ 1.09 8} Speaker presentation skills -1.13 9} Quality/relevance of visual aids -~ 1.06 10 0 ortunit for uestions -1.40 Evaluation Activi Name: Dru Free Idaho work lace Parentin Course Prelpost evaluation for the DrugFree Idaho workplace Parenting Course. The assessment used a five oint lickert scale with one bein ositive and five being very negative. The assessment Page 20 Meridian Anti•Drug Coalition Bethany Gadtinski -Principle Evaluator looked at four different areas of the course. The areas and the overall pre and post test scores are: 5}Parental involvement and engagement in children's activities: 2.5 pre and 3.0 post 6} Rules and Family Structure; 2, $ pre and 3 ,~ post ?}Communication and emotional expression; 3.3 pre and 3.9 post 8 beliefs about substance abuse: 3.1 re and 3,5 ost Evaluation A~.ctivr Name; Caalxtlon self assessment This assessment is given every six months and loops at 23 specific questions around the quality of the MADC. Questions are rated on a to point liclcert scale with 1 being "strongly disagree" and 1 o being "Strongly agree." This reporting period covered the fourth survey cycle, Results of the survey showed continued growth in all areas of coalition develo~inent. Pale 21 Meridian Anti-Drug Coalition Bethany Gadzinski - Principle evaluator A-ppendi~c C, resu~~nes, with letters of con~m~tment, for all key project staff Eiisha Figueroa - Project Director Meridian Anti-Drug Coalition Education; Arizona State University BSW, Social Work 1993-1995 Northwest Nazarene University MSVU, Social Work/A,dministrativehanagement zoo6«2008 Elisha has held the position of MADC Project Director for the past two years. der responsibilities include: Essential Duties and Responsibilities: • Coordinate and facilitate the development and implernentation ofsubstance abuse prevention ! education programs within the City of Meridian; • fio act as a representative of the City of Meridian and the Police Department in developing partnerships with other Treasure valley drug prevention /education programs and entities. These would include but not be limited to PA-YADA, Drug Free Idaho, the Meridian Schaol District, and The Boys and Ginls Club; • Aggressively pursue all available grant opportunities; • Develop educational brochures and handouts dealing with drug prevention and education on a local community level; • Paeil.itates andlor conducts t~~aining in the areas of substance abuse prevention /education as requested by local businesses, citizens and community groups; • Market substance abuse prevention education programs and strategies within the cornrinunity; • work with the media as required. Her Core Shills include: • Computer Skills M Microsoft Office Suite (Word, Excel, Outlook, Publisher} • LawslLaw Enforcement Procedures • Crime Prevention and Community Policing (Understanding of dynamics involved and problem solving) • Excellent verbal and written communication skills • Program Evaluation • Strategic Planning • Substance abuse education • Substance abuse program implennentation • Media relations Page 22 Meridian Anti-Drug Coalition Bethany Gadzinski --Principle Evaluator Bethany Gadzilnski ~ Coa~ifiion Eva~uafior Page 23 City of Meridian, Meridian Police ~epart~nent Exhibit C Budget "City's proposal i~ conditioned on the agreement of the pa~aes on mutually acceptable terms, condlt~ans, idelines and uirements." rv~-r_a~c.~~- I./U ~.1~V~..V Mini subcontract • evaluation ~nhancemeni Totals January 1, 2011 • December 31, 2411 Annual Nam® FTE sala Total 1 Pro ram administrator 5~ 44 000.00 $ 21240 Total Salaries $ 2,200.00 Frln a Percents a Iota! sale 15°~ of Position 15°~ 2 200.00 330,80 Total f"rin e $ 33Q.00 Total staff costs $ 2,530.00 ~valuat;dn Consultants Bethany Gadzinskf, Coalidan ~vafuator Rate Unit Develo meet of Surve tools $ 5 000 1 $ 5 000 Im lament evaluation $ 5,000 1 $ 5 000 Analysis, key Ondings, Onal document re aration ~ 5 000 1 $ 5,000 Total Cansulfants $ 15,000 ~valuatfan Partici ants Item Coat Pa~ici nts # rou Incentive for evaluation par'tiapants $ 15 200 2 $ 6,000 Tatal Participant Costs $ s,000 C ratin ftem Cost Months Amt Phone (local, long distance, interrtet $ 150 12 $ 1800 Co 'es $ 30 12 $ 360 SoRware license SPSS $ 3p0 1 $ 300 Su lies $ 50 12 $ 600 Pos e $ 40 12 $ 480 Total Operating $ 3,540 Total Direct Costs ~ 2T 0T0 indirect Cost - 40°~ $ 70'7 Total ~x enses $28,177 l0 City of Meridian, Meridian Police Department ~ndget Narrative; Coalition Project Director ~ S% of her time ~ ~,~a0 Pxinge ~ ~~0 5 hours per week ofthe tune of the coalition project Director exclusively to ~Recag~ize program evaluation acctivitics. This focused evaluation capacity v~ll be comrnit~ed to collecting any missing data,l`orrnattiaigthis data into Excal spreadsheets For statast~cal analysis, obtaining speci~xc evaluation training, ca-authoring, with the external evaluator, program ~vaicra~on Consultant The coalition does not have the expertise to conduct a rigorous evaluation of the ~ecugnize program so we will add to the current evaluation contract of the coalitions external evaluator who does have the expe~'se to conduct ~s program evaluation. • Design a quasiMexperin~ental evaluation with the variable being the web based curriculum and coaches messaging. This is feasible as ~ 5,4Q0 the ~ecognr~e program began wi#hout ~.e web based cuir~iculum and coaches training, within this evaluation the lcgacy Recngn~ze program wih be v£fered to a comparable group. • Develop and implement data collection systenars and instruments • ,Ana3yze the data • Preliminary prepara~on afa journal article reporting pragratn ~ S,000 findings o Provide technical assistance for developing an NrREPP application ~ 5,004 Evalaa~on Participant ~ncen~ves Each parhicipant who pa~aicip;~tes in the six and twelve month post program evaluation, from both the project and r~ntr~al group will receive a ~ 6,000 $15 gii~ cerdl~icate incentive. we believe, based on research that this incentive will help to increase partxcipati::on in the evaluation. nperati~g la order to successfully complete this project, there are standard operating costs to include Phone Copies Supplies Postage . In addition, the coalition does not have the needed software for this project" The evaluator does have the software so coordination of infornaatian collec~on will be enhanced by the coali~Qn also have SPSS software indirect -- Standard City indirect of I Q% TDTA.~ $ 3,240 S 300 $ 2,707 $~~,777 11 Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: ' athwa Easement with The Traditions by Amyx II, LLP for a Proposed Multi- Pedestrian P y Use Pedestrian Pathwa Located in Zebulon Heights Subdivision No. 3 Y MEETING NOTES ~.1~" CLERKS OFFICE FINAL ACTION DATE: E-IVIAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~/~ ,- .--- --~ ~t-,~ r~corc~e~ ~DII COUNTY RECORDER Chri=~pher D. Rich AMOUNT .00 ~ BOISE IDAHO OBIi1111 11;08 AM DEPUTY Vicki Allen III I'~I'II'(I'I(I"I~'I~~I'~I~~~ ~~ ~~~ RECQRDEO-REQUEST OF 11103893 Meridian City ,,~,, -- PEDESTRIAN PATHWAY EASEMENT REEMENT made and entered into this day of ~ , 2011, THIS AG ditions b Am II LLP, an Idaho limited liability partnership, the party of the between The Tra y yX ' fter referred to as "Grantor", and the City of Meridian, an Idaho municipal first part, hereina co oration the of the second part, hereinafter referred to as "Grantee"; rp ~ p~Y WITNESSETH: WHEREAS Grantor is the owner of a development on which portions of the Meridian Loop Multiple-Use Pathway is located; and e Grantee re uired as a condition of a roval that the Grantor provide an WHEREAS, th q pp easement for the edestrian athwa s, which easements are to be shown on the plat of p p Y Zebulon Heights Subdivision No. 3; and WHEREAS, Grantor was responsible for the construction of the pathways with adjacent landscaping; and WHEREAS, it may be necessary for Grantee to maintain and service said pathways from time to time; NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of providing pedestrian pathway easements for multiple-use pathways designated in the City of Meridian Comprehensive Plan, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that maintenance, repair, and replacement shall be performed by Grantor until such time '`~ that the multiple-use pathway through Zebulon Heights Subdivision connects from one major arterial to another and is greater than one-half mile long. After these conditions have been fulfilled, Grantor may petition Grantee to assume maintenance, repair, and replacement responsibilities. After making repairs or performing other maintenance, the party performing such work shall restore the area of the easement and adjacent property to Pedestrian Pathway Easements Zebulon Heights Subdivision No. 3 ' rior to undertakin such re airs and maintenance. However, Grantee shall that existent p g p be res onsible for re airin , re lacing or restoring anything placed within the area not p p g p described in this easement that was placed there in violation of this easement. RANTOR hereb covenants and a rees that it will not place or allow to be placed THE G y g an ermanent structures, trees, brush, or perennial shrubs or flowers within the area Yp escribed for this easement, which would interfere with the use of said easement, for the d purposes stated herein. THE GRANTOR hereb covenants and agrees with the Grantee that should any part of y .. the easement hereb ranted become part of, or lie within the boundaries of any public Yg . street then, to such extent, such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and ossessed of the aforementioned and described tract of land, and that it has a good and P lawful ri ht to convey said easement, and that it will warrant and forever defend the title g and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: __-- The T ' ' s Amyx I Todd Amyx, P er STATE OF IDAHO ss County of Ada ) ~.- S On this day of , 2011, before me, the undersigned, a Not Public in and for said Sta ,personally appeared Todd Amyx, known or identified ~. to me to be a Partner of the limited liability partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year f~~~~'~#~en. ~, .~ e • ~~s . . 4 ! ~ ;, r ~ ~` °~' a ~~ ~~~ r ~ TARY PUB IC FOR IDAHO N ~ c: n ~~ a ~ ~' ~,~ ~ ~ ,~ ~z.~ ~`~ ~ Residing at: ~. 1 ; 7. ii" ~ i ~',`~~> ~~~~ , ~~~-`~';,r~ .~~' Commission Expi es: $ • ll~ • ab to ~~+~'i8~~~9'~~N4~S Pedestrian Pathway Easements Zebulon Heights Subdivision No. 3 ~ GRANTEE: CITY OF MERIDIAN ~ ra~ Tammy de W r ,Mayor .µ ~Y y T4 ~` ~1 ~' •~ ~r M .. Attest b J cee Holman, City Clerk ~~ ~!. A roved B City Council 0n: pp Y STATE OF IDAHO ) . ss. County of Ada ) (~~ ~ y~ ~ t ~ r. ~ „ Y is ~~ h+'• f „ I i ~ ~ ~. ~; ,,~ ~ ~~ ~ ~~ ~ti t 4• ~.. ~~ ~ i ~~ ~ ~ ~~~ ~`' ', ~ ' ~ ~ ~. ., , On this ~rc~ day of ____, 201 1, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~ ~~S .,~ . o,- ,, ; SEAL - ~ ','~' N ARY PU CFO AHO ~~ ~ , ~; . . ~; ~ ~ ~ • Residing at: rln, Q ~ ~ ~~~,~ ; ~ ~ Comm~ss~on Expires. ~'' -' •.... • •~/, ~,~i ~~~~• Pedestrian Pathway Easements Zebulon Heiehts Subdivision No. 3 / ~ I { i jN ' ^ 4 j~ tit h .. F. 1J l~ L . ~~ Professioaal Laced Surveyor Fa~lc S i July 30, 2010 Descri tion for Meridian City Multi-Use Pathway EasementsProposed Zei P Heights Subdivision No. 3 ' ' ulti-use athwa easements, Located in the NE '/q of Section 32, T Meridian City m p y R.1 E., B.M., Ada County, Ydaho, more particularly described as follows: EASEMENT A stri of land 10.00 feet in width, left of and adjacent to the following described A p , ement line: Commencing at the North 1/a corner of said Section 32, from which eas Northeast corner of said Section bears North 89°54'4b" East, 2655.b5 feet; ~'hencE e west bound ~ of said NE 1/4 South 00°33'22" West, 289.09 feet; thence youth th arY 89°26'38" East,164.19 feet to a point on a curve being the BEGI~~NIlVG POINT easement Line description; . ka (:;t. 83b16 ng f this Thence 30.00 feet along the arc of anon-tangent curve to the right, having a~radi f 122.00 fee a delta angle of 14°OS' 13", and a long chard bearing South 48°25'46' a 29.92 feet to a point of tangency; Thence South 41 °23' I 0"East, 9 t .13 feet to a point of curvature; Thence 9.51 feet along the arc of a curve to the left, having a radius of 50.0 feet, an le of 10°54'02", and a long chord bearing South 46°50' 11"East, 9.50 Ceet; g Thence South 52° 17' 12" East, 8.31 feet to the Ending Point of this easement line, easement containing 1,323 SF, more or less. EASEMENT B A stri of land 10.04 feet in width, right of and adj scent to the following describe p ~ 1 a corner of said Section 32, from whic easement line. Commencing at the North / Northeast corner of said Section bears North 89°54'4b" East, 2b55.bS feet; Thenc the west boundary ofsaid NE %4 South 04°33'22" Vest, 456.13 feet; thence °Soutl $9°26'38" East, 28,36 feet to the BEGB'~G POINT of this easement line description; lta laid i i ong Thence South 17°04'09" East,13.46feet; Thence South 37°42'48" Vest, 79,70 feet to a paint of curvature; Thence 106.36 feet along the arc of a curve to the left, having a radius of 164:00 fi delta angle of 37°09'24", and a long chord bearing South 19°08'05" West, !04.50 a point of tangency; Thence South 00°33'22" West, 91.49 feet to the Ending Point o#'this easement line easement containing 2,805 SF, more or less. EASEMENT C A strip of land 10.00 feet in width, right of and adjacent to the following described easement line: Commencing at the North'/4 corner of said Section 32, from wbuch Northeast corner of said Section bears North 89°54'46" East, 2655.b5 feet; Thence the westboundary ofsaid NE %4 South 00°33'22" West, 791.04 feet; thence South 89°2b' 3 8"East,191.00 feet to the BEGIl'V~~ING P(JINT of this easement line description; Thence South 00°33'22" West, 222.00 feet to the Ending Point of this easement li Said easement containing 2,120 SF, more or less. EASENI[ENT D A strip of land 10,00 feet in width, left of and adjacent to the following descr#bed easement line: Commencing at the North %a corner of said Section 32, from which Northeast corner o#'said Section bears North 89°54'46" East, 2655.b5 feet; Thence the west boundary of said NE 1/4 South 00°33'22" ~lUest,1083.04 feet; thenceSout~ 89°2b'38"East,189.00 feet to the BEGINNING PUIlYT of this easement line description; Thence South 89°26' 3 8" Easy 24.3 3 feet to a point of curvature; Thence 51.81 feet along the arc of a curve to the right, hawing a radius of 314:00 fe delta angle of 09°27' 11", and a long chord bearing South 84°45'4b"East, 51:75 fey the Ending Point of this easement .line. Said easement containing 770 SF, more or , ~ ~ ~~ a~,~ ~ ~' 1 ~ ~,~'1-~0-~'0 ~ ~ o~ ~. ~~ a to Said Ung ,d to ,.,~. i ~___L__L_L_J' ' L_1_.1_~__I__L_L . I l 29 ~ /4 eASis of eEARINC 29 28 _ . ..~ . ~ . _... _.. N • ~ 4r46* E 2655.65T_._. _ 32 W, ~Ic~IIIIAN RD, 32 33 ___ 1 • I~ ___ I I ~ I) I _ _ _ I NIN INT • ,~1~M .NT A I . ~ __ __ / ~ ~ ~Z / J N ~O{, ~, ~ S 89.2x'38"E j ZEBU NQ, ~ 16x,19' ~~ ~ ppSEO ~S~ON --~ ~° pR0 vg~~V I S 41'23'10"E~~ ~S S .~ M 91,13 ~` N \ ~ '- / n S 51'17'12"E~C4 N IN PINT ~' 8.31' ~ / M A \- N S 89'26'38~E ~ IN IN PINT M 268,36 ,~,~a v, . ~~ ~~~' 13,46' ~`- -~ -- ~ ~~ 10, ~~ a~ ~ ~ N _.. _ .._. ,M =r M ~ ~~ . ~, ~ ~ , ~ S 89'26'38"E -.~ .~____ -- 191,00' I _ _ ~~ O I~ __ o I o___~ S 89'26'38"E _ 189.00 ~~---- I BEGINNING P01~T~ M NT ' ' EASEMENT '8' BEGINNING POINT FASEM~ENT C~ ~~ N SN NM- Nb NO I v, !'~Q' IN PINT M NT ' ' C1',--- NIN PINT I o M NT ~ S 89'26'38"E 24,33 CURVE RADIUS C1 314,00 C2 164,00 C3 122,00 C4 50.00 Sc~ ~ ~~ . DELTA . ARC CHORD CHORD BRG 09'27'11" 51.81 51.75 S 84'45'46"E 3T09'26" 106,36 104.50 S 19'08'05"W 14'05'13" 30.00 29.92 S 48'25'46"E 10'54'02" 9.51 9.50 S 46'50' 11 "E S~,~ ,~-2°°~ MERIDIAN CITY MULTI-USE ENGINEERING DWG.DATE 07/29/10 bkb PATHWAY EASEMENTS PROD. N0. 100412 PROPOSED ZEBULON HEIGHTS SUBD. N0. 3 SOLUTIONSua SHEET 1 OF 1 LOCATED IN THE NE 1 /4 OF SECTION 32 t 029 N. ROSARIO ST., STE. 100 T.4N., R.1 E., B.M. MERIDIAN, IDAHO 83642 /100412-PATHEASE.OWG MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 r Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: Development Agreement for Approval: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C-C (Community Business) Zoning District MEETING NOTES CLERKS OFFICE F1NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~/~ ~- - ---- --~ ~ ~ece rder~ AQA COUNTY RECORDER Chriatophar D. Rich AMOUNT .00 a7 BOISE IDAHO 05101/11 11:~ AM REC RDED `R QUE~ OF II I I I II I II I II II I II IIII II IIII I II II I III City of Meridian 111037071 DEVELOPMENT AGREEMENT PARTI~;S: 1. City of Meridian 2. Overland 16, LLC, Owner/Developer THIS D VELOPMENT AGREEMENT (this Agreement), is made and entered into this day of , 2010, by and between City of Meridian, a municipal orporation of the State of Idaho, hereafter called CITY, and Overland 16, LLC, whose address is P.O. Box 344, Meridian, ID 83b80, hereinafter called OWNERIDEVELOPER, 1. RECITALS: ~~~ 1.1 WHEREAS, Owner/Developer are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the F~rop~rrtY; and 1.2 WHEREAS, I.C. ~ 67-b51 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re- zoning of the Property described in Exhibit A, and has requested a rezone of 16.12 acres of land fromthe C-N (Neighborhood Business) to the C-C (Community Business) zoning district, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission DEVELOPNJ[ENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE l OF 10 DEVELOPMENT AGREEMENT PART:[ES: 1. City of Meridian 2. Overland 16, LLC, Owner/Developer THIS D VELOPMENT AGREEMENT (this Agreement), is made and entered into this ~ day of , 2010, by and between Cit of Meridian a .. Y municipal orporation of the State of Idaho, hereafter called CITY, and Overland lb, LLC, whose address is P.O. Box 344, Meridian, ID 83b80, hereinafter called OWNERIDEVELOPER. 1. RECITALS: ''~`'~ 1.1 WHEREAS, Owner/Develo rare the sole owners in law and/or Pe equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the P~rop~rrtY; and 1.2 WHEREAS, I.C. $ b7•b511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the OwnerlDevelopermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB•3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re- zoning of the Property described in Exhibit A, and has requested a rezone of 1 b. l 2 acres of land from the C-N (Neighborhood Business) to the C-C (Community Business) zoning district, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public ~, hearings both before the Meridian Planning & Zoning Commission DEVELOPM[EIVT AGREEMENT -- SOMERTON SUBDNISION (RZ lO-OO6) PAGE 10F 10 and before the Meridian City Council, as to how the subject Property will be developed and .what improvements will be made; and 1, 6 WHEREAS, record of the proceedings for the requested rezoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 14~' day of December, 2010, has approved Findings of Fact and Conclusions of Law, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1. $ WHEREAS, the Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on and the re zoning designation; and 1,9 WHEREAS, Owner/Developerdeems it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, the site was originally approved and annexed in 2000 and is governed by an existing development agreement recorded as Ada County instruument # 100056509 and subsequently amended in 2007 as Ada County instrument # 107005524 The property referred to in the attached Exhibit A is hereby removed from the above recorded development agreements. 1.11 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and toensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and ~` Develo ment Ordinances codified in M ' ' ' p eridian Unified Development Code, Title 11. DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 2 OF 10 NOW, THEREFORE, in consideration of the covenants and condition s set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the ' above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all p oses of this A Bement th . ~ • gr e following words, terms, and phrases herein contained in this section shall be defined and inte r rp eted as herein provided for, unless the clear context of the presentation of the same re u' • q Tres otherwise. 3.1 CITY: means and refers to the Ci of Meridian a t tY party o this Agreement, which is a municipal Corporation and overnment ... g subdivision of the state of Idaho, organized and existin b virtue of gY law of the State of Idaho, whose address is 33 East Broadwa .. Y Avenue, Meridian, Idaho 83642. 3.2 OWNERJDEVELOPER: means and refers to Overland 16 LLC, whose address is PO Box 344, Meridian, ID 836$0 one of the arties that p owns said and shall include any subsequent owners of the C) ~'"'`~ Property. 3.3 PROPERTY: means and refers to that certain arcel s of Pro p () perty located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be rezone of 16.12 acres of land from C-N (Neighborhood Business) to the C-C Communi . ~ ~' Business)zoning district, attached hereto and b this reference . Y incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are onl those uses . Y allowed under City s Zoning Ordinance codified at Meridian Unified Development Code § 11-3B. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5 • CONDITIONS GOVERNING DEVELOPMENT OF S UBJECT PROPERTY: 5.1. Owner/Developersha1l develop the Prope in accordance with the • .. rty following special conditions: DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 3 OF 10 1. Development of this site shall be consistent wi ' th the site plan, landscape plan, and building elevations included ' ' ' in Exhibit B. The building elevations for the carwash and uick 1 q ube planned for the Fast Eddy s site shall be consistent with the convenien e ' c store in design and building materials. 2. City Council approved a waiver to UDC 11-3A- 3 to allow the access points depicted on the plat to/from Locust Grove & Overland Roads. 3. A Certificate of Zoning Com liance CZC a li ' p ( ) pp cation is required to be submitted for all future structures on the site in accor ' d with UDC 11-SB- 1. 4. An Administrative Design Review a lication is re ' pp quired to be submitted concurrently with the CZC a lication for al pp 1 future structures on the site in accord with UDC 11-SB-8B. Asa licable . pp ,the site and structures shall comply with the standards listed in UD C 11- 3A-19and the guidelines contained in the Ci 's Desi n M tY g anual. Note. The convenience store ~ fuel facility or Fast Edd 's was a f y pppoved with C'UP-1 ~-011 & DES-1 D-o44. 6• COMPLIANCE PERIODICONSENT TO RE ' ZONE. This Agreement and the commitments contained herein shall be terminated and the zon' ' ing designation reversed, upon an uncured material default of the Owner/Develo er or Owner'slDevelo er' ' p p s heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governin Develo ment of Sub'ect Pro e g p ~ p rty of this agreement within two years of the date this A Bement is effective and after th ~ e City has complied with the notice and hearing rocedures as outlined in Idah • p o Code § 67-6509, or any subsequent amendments or recodifications there of. 7• DEFAULT/CONSENT TO DE-ANNEXATION AND RE VERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfull com 1 with all of Y pY the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Develo Br's default p of this Agreement, Owner/Developer shall have thi 30 da s from ~() y receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred ei . ~tY (180) days; provided, however, that in the case of an such default ,,,....,, .. Y that cannot with diligence be cured within such one hundred ei h . g tY (180) day period, then the time allowed to cure such failure ma be Y DEVELOPMENT AGREEMENT - SOMERTQN SUBDIVISION (RZ 10-006) PAGE 4 OF 10 .~'~, extended for such period as may be necess to com lete the ' ~'Y p curing of the same with diligence and continui , 7.3 Remedies, In the event of default b Owner/Dev ' Y eloper that is not cured after notice as described in Section 7.2, Owner/Develo er p shall be deemed to have consented to modification of this A ee gr ment and de-annexation and reversal of the zonin desi nations de ' g g scribed herein, solely against the offending onion of Pro a an p p rty d upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code 67-6509 an §§ d 67-6511, Owner/Developer reserves all ri hts to contest wheth r g ea default has occurred. This Agreement shall be enforceable in h to Fourth Judicial District Court in Ada Coun b either Ci or tY Y ty OwnerlDeveloper, or byany successor or successors in title or b th ye assigns of the parties hereto. Enforcement ma be sou ht b . Y g Yan appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions and obligations contained herein, 7.4 Delay, In the event the performance of an covenant to be erfo Y p rmed ~ hereunder by either Owner/Developer or Ci is dela ed for causes ~' Y that are beyond the reasonable control of the res onsible for p~Y p such performance, which shall include, without limitation acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such dela , Y 7.5 Waiver. A waiver by City of any default b OwnerlDevelo r of an Y ~ Y one or more of the covenants or conditions hereof shall appl solel Y Y to the default and defaults waived and shall neither bar an other Y rights or remedies of City nor apply to any subse uent default of an q y such or other covenants and conditions. 8• INSPECTION; Owner/Develo er shall, immediatel u on com ' p y p pletion of any portion or the entirety of said development of the Pro a as re aired b this A ee p ~' q y gr ment or by City ordinance or policy, notify the City En ineer and re nest the Ci En ' ' g q ty gineer s inspections and written approval of such completed improvements or onion thereof in p accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT; ~ 9.1 In the event Owner/Developer, or Owner's/Develo er's heirs . p successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully com 1 pY DEVELOPMENT AGREEMENT - SOMERT4N SUBDIVISION (RZ 10-006) PAGE 5 OF 10 with all of the terms and conditions included in this A ' greement in connection with the Property, this Agreement ma be termina Y ted by the City .upon compliance with the re uirements f ' q o the Zoning Ordinance. 9.2 A waiver by City of any default b Owner/Devel Y oper of any one or more of the covenants or conditions hereof shall a 1 solel t pp y y o the breach and breaches waived and shall not bar an other ' y rights or remedies of City or apply to any subse uent breach of an such q y or other covenants and conditions. 10. REQUIREMENT FQR RECQRDATION: Ci ' ty shall record either a memorandum of this Agreement or this Agreement, includin all of th ' ' g e Exhibits, at Owner's/Developer'scnst, and submit proof of such recordin to Own ' g er/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with ' the re-zoning of the Property by the City Council. If for any reason after such recordation the Ci ' ty Council fails to adopt the ordinance in connection with the annexation and zonin of t g he Property contemplated hereby, the City shall execute and record an a ro riate instrument of r . pp p elease of this Agreement. 11. ZUNING: City shall, following recordation of the dul a rove y pp d Agreement, enact a valid and binding ordinance zoning the Property as s ecified herein. p 12• ~ REMEDIES: This Agreement shall be enforceable in an court of com y petent jurisdiction by either City or Owner/Developer, or b an successor or successors in i 1 Y Y tteor by the assigns of the parties hereto. Enforcement ma be sou ht b an a ro riate action Y g Y pp p at law or in equity to secure the specific performance of the covenants a reements condition . ~ g ~ s, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and OwnerlDeveloper shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breachin • g party s seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and ,thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12,2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 6 OF 10 which are beyond the reasonable control of the res onsible f p~cy p or such performance, which shall include, without limitation acts of civil disobedience, strikes or similar causes the time for su ch performance shall be extended by the amount of time of such dela . Y 13. SURETY OF PERF'QRMANCE; The Ci ma also r ' . ty y equire surety bonds, irrevocable letters of credit, cash deposits, certified check or ne otiable bon . , g ds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the im r v ' p o ements, which the OwnerCDeveloperagrees toprovide, if re uired b the Ci . q Y tY 14. CERTIFICATE OF OCCUPANCY: The Owner/Develo er p agrees that no Certificates of Occupancy will be issued until all im rovements are com 1 . p p eted, unless the City and Developer/Owner has entered into an addendum a reement statin . g g when the improvements will be completed in a phased developed; and in an event no Certificates of Y Occupancy shall be Issued in any phase in which the im rovements have not ' p been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY QR.DINANCES; That Owner/Develo per agree to abide by all ordinances of the City of Meridian and the Pro a shall be s ' p rty ub~ect to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditi n os contained in the Findings of Fact and Conclusions of Law, this Develo ment A eeme . p gr nt, and the Ordinances of the City of Meridian. 16. NOTICES; Any notice desired by the arties and/or re uired b ' p q y this Agreement shall be deemed delivered if and when personall delivered or three 3 da s a Y () y der deposit in the United States Mail, registered or certified mail osta a re aid return ' p g p p receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83 b42 OWNERIDEVELOPER: Overland 16, LLC PO Box 344 Meridian, ID 83680 with copy to: City Attorney City of Meridian 3 3 E, Broadway Avenue Meridian, ID 83b42 DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 7 OF 10 1 b, l A party shall have the right to than a its address b ' . g y delivering to the other party a written notification thereof in accordance wi th the requirements of this section, 17. ATTORNEY FEES: Should an liti ation be co Y g mmenced between the parties hereto concerning this Agreement, the revailin shall b ' ' p g party a entitled, in addition to any other relief as may be granted, to court costs and reasonabl ' e attorney s fees as determined by a Court of competent 'urisdiction. This rovisio J p n shall be deemed to be a separate contract between the parties and shall survive an default termination or ' , Y ~ forfeiture of this Agreement, 18. TIME IS OF THE ESSENCE: The arties hereto ac . p knowledge and agree that time is strictly of the essence with res ect to each and eve ' ' p ry term, condition and provision hereof, and that the failure to timely perform an of the obli ations , Y g hereunder shall constitute a breach of and a default under this Agreement b the other s ' ' Y party o failing to perform. 19, BINDING UPON SUCCESSORS: This A eement sha ' . gr 11 be binding upon and inure to the benefit of the parties' respective heirs successors assi gns and personal representatives, including City's corporate authorities and their successors in off ' ice, This ~ Agreement shall bebinding onthe Owner/Develo er of the Pro a each s p p rty, ubsequent owner and any other person acquiring an interest in the Pro e . Nothin herei ' p ~y g n shall in any way prevent sale or alienation of the Property, or portions thereof exce t that an p y sale or alienation shall be subJect to the provisions hereof and an successor own r Y e or owners shall be both benefited and bound by the conditions and restrictions herein ex res ' p sed. City agrees, upon written request of Owner/Developer, to execute a ro riate and recordable evi . pp p deuce of termination of this Agreement if City, in its sole and reasonable discretion had Bete ' rmined that Owner/Developerhas fully performed its obli ations under this A ee g gr ment. 20, INVALID PROVISION: If any rovision of this A eement is h . P gr eld not valid by a court of competent jurisdiction, such provision shall be deemed to be excise d from this Agreement and the invalidity thereof shall not affect an of the other r v' ' . Y p o isions contained herein. 21. FINAL AGREEMENT; This A reement sets forth all ro ' g p mises, inducements, agreements, condition and understandin s between Owner/Develo er an ' , g p d City relative to the subJect matter hereof, and there are no romises a reements conditi p ~ g ons or understanding, either oral or written, express or implied, between Owner/Develo rand ' pe City, other than as are stated herein. Except as herein otherwise rovided no subse p quent alteration, amendment, change or addition to this A reement shall be bindin u on . g g p the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a du1 ado ted ordinance or resolutio .~,~ Y p n of City. DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ lO.OO6) PAGE 8 OF 10 21.1 No condition governing the uses andlor conditions governing re-zonin of the . .g suba ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public heaein (s)in • ,. .g accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement sha11 be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zonin . g Ordinance in connection With the annexation and zoning of the Prope and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this a Bement ~' and made it effective as hereinabove provided. OVERLAND 16, LLC ,,-~~f i ~ ~ f i ~ f J r~ r By:~~ ,, ,~ v`''r CITY OF MERIDIAN ~-~ ,/' ,r R l ~~ ~ ~ ./ J/y, » Mayor T de Weerd ~4titi'1~~!1,iilt--l~rr/~ ~~ "" "', f ATTEST: ,~~ ~ ~~ ~-°~`..,~~~~~;~~ ~. ~ .A r t .. ~ ,~, ~ ,~ ~ ~~ r ~' `~ ~ ~~a1 l',l,` ti ~~ y~r t r 1 ~ ~. N' Y ~ 1tl.r. ~ 1" M I ~ n~ I- y .. } ~~~ Ja cee ~, olman City Clerk "'' ~ ~~~ ' ~_.~ ~K" ~ y , , -~~l~i 1l 11111 DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 1 ~-006) PAGE 9 OF 10 STATE OF IDAHO, ) ): ss County of Rda , ) 0n this I ~ day of ~(Jece,mbet' , 2010, before me, a Notary Public in and for said State, personally appeared ~ ~ ~ on behalf of Overland 1 b, LLC, known or identified to me t b the person who executed this agreement and acknowledged to me that he executed the same on behalf of said limited liability corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 0, 0 . .l .~' ~~ a • . R,~ , ,,~'''' ~. • ~ ~, '~, '°CIB~ ,•' ~•. .••~ srA .... ~oP ~ ~ o~ STATE OF IDAHO ) ss County of Ada ) u-`~1 Notary Public for Idaho Residing at: Co~,~,,G1 My Commission Expires: ~ 1 ~o tl On this ~ day of , ~8~; before me, a Not . ~`Y Public, personally appeared Tammy de Weerd d Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instruument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .••"••. .•' ~aN-~S'•. C~~'~'~R Y '~,` ~ti - ~, ,~ ; v~' ~ ' • w~B~AL) ; ~: Public or ',, ~~' '~; Residing at: • ~ ~ • ;~ '~.. _ i ...`- p ~.~ Commission expires: •1~,STA'~ ~~• •~• DEVELOPMENT AGREEMENT - SOMERTON SUBDIVISION (RZ 10-006) PAGE 10 OF 10 EKf1811' A October 1, 2010 DESCRIPTION FOR MERIDIAN CITY C•N TO C•C REZONE PROPOSED SOMERTON BUSINESS PARK SUBDIVISION A arcel of located in the NW % of Section 20, T. 3N., R. l E., B.M., Meridian, Ada County, p Idaho more articularl described as follows: Commencing at the Northwest corner of said Section p y ~ ~ 'd 20 the REAL ~POINT~ OF BEGINNING of this description, from which the West /4 corner of say Section bears South 00°34' 18" West, 2654,53 feet; Thence along the north line of said NW ~/~ South 89°52'37" East, 595.39 feet; Thence South 07°06'00"East, 115.83 feet; Thence South 18°27'35" East 470,81 feet; Thence South 16° 14'04" East, 216,98 feet; Thence South 05°29' 13"East, 140.3 l feet to a point on the south right•of-way of E. Puffin Street; Thence aloe said south ri ht-ofway and the extension thereof South 89°59'23" West, 849.95 g ~ feet to a point on the west line of said NFU %a; Thence aloe said west line North 00°34' 18"East, 910.53 feet to the REAL POINT OF g BEGINNING. Containing 16.12 acres, more. or less. ,., ;.~~~ 's.r~J~V ~ ~~ YV "O 4998 ~0 "~ 100 3101100310 •rzn, doc ~ ~ ~ • \`~`~ . ' =IMAY~i ,_ r __ ~~ I 'm i Q ~ j ~ ~~ ~ I ~ ~ I ~ I~~ ~ a L. --~. .ter, i D~ t ~ t a ~~ ~~ im O O= !~ / /\A/ IAA www..~ ~~ . . m 0 A O O _.. -. _.. - ~ .. ~....-• • ,~ tai aooAO.+c ° .-'~ ~ ~~.• ~ 1 ~ I ~ '--' ~ t,/, , y f _- S~ I r- ~ ~ (Am i ..~'' ~ ~ ~ `yl New Car Wash and Oil Change Facility for FAST EDDY'S CAR WASH JGHN R. DIEHI., ARCHITECT ~ ..uw.~.~ . Iws~lO~ w.a1 Somerton Business Park Subdivision No. 1 ""'"' '°"`y"'~~'~' 1725 East Overland Road Meridan Idaho `~'"` ~~~~~~~ ~ ~'~~' "" ! Tw. AldlM..k ~ M000 • rIMW YMMIrr..100007 w~erwnNror~unnlaioaw~vwlwnwaoetol~ ~lq~n.~n onwlanolw~NarrrM/wt!lnlranotlon~lMan~,t gar a„~ EXHIBIT A ~ STAFF REPORT HEARING DATE: T0: FROM: SUBJECT: ~, December 7, 2010 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 ~~Vl E IDIAN~ IDAHO RZ-10-006; PP-10-006 -Somerton Subdivision CUP-10-O1 l; DES-10-044 -Fast Eddy's I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST Overland 16, LLC has applied for a rezone (RZ) of 16.12 acres of land from the C-N (Neighborhood Business) tothe C-C (Community Business) zoning district and a preliminary plat (PP) consisting of 5 building lots on 13.19 acres of land for Somerton Subdivision. ST Investments has applied concurrently for a conditional use permit (CUP) for Fast Eddy's consisting of a convenience store, fuel sales facility, vehicle washing/detail facility, quick Tube, and drive-through in the proposed C-C zoning district on the northern portion of the site. Fast Eddy's is proposed to be located on two of the future lots in the proposed subdivision consisting of 3.83 acres. Administrative design review (DES) is also requested for the site, convenience store and fuel canopy. II. SUMMARY RECON[MENDATION Staff recommends approval of the proposed RZ, PP, and CUP based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on November 4, 2010. At the public hearing they moved to recommend approval of the subiect RZ, PP, and CUP requests. a. Summary of Commission Public Hear„ ing; i. In favor: Becky McKay; Steve Eddv; Greg Johnson; Taylor Merrill ii. In opposition: None iii. Commenting: Michael Wells iv. Written testimony: None v. Staff presenting application: Anna Canning vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. Width of the drive aisle between gas pumps; ii. Traffic con estion in the eneral area & future im rovements to Locust Grove• iii. Access to the site via Locust Grove & Overland Roads as proposed. c. Kev Commission Change(s) to Staff Recommendation: - i. None ____ d. Outstanding Issue(s) for City Council: i. The applicant requests a waiver to UDC 11-3A-3 which requires access to be taken from a local street (E, Puffin St.) where available, to allow the access points proposed on the plat to Overland and Locust Grove Roads. 8,, Summary of City Councill P~hlie Ni p~j~~ i, In favor: Becky McKay. ~tev +.ddv. Tavlo Mer,., - ~~ PAGE 1 EXHIBIT A ii I1~p, n-o_sition~n,~ ~"'~. - 11L ~4mmenhone iy~ ri n ctimonv: Br ~ Fdi Wai and . ~ T rv Vierte ~ taff n~esentin~ annli~ation: ~onva Watt~r,~ yj~ 0 b r ~ aff ~o m n 'n~ ~ a~pli~a,~n: Anpa .annin~ ~ ~y ssues of Discus~ion~bv_Clounc I• 1~ he nronoced access nointc to the cite yja~ocusCCrove & Overland i rid tQ~ _ ____~ S.R icant'c reauect for a waiver to the ac~ecs reauirementc lis ~ 11 jj,~ oice n .ra d from h arwa and h 'mna on by r .cid .n s ~ Key Council Changes to Staff/Commission Recomm~ ~ .. .. ouncil annroval of a waiver for acc to ,ocuct rove & verland Road c de ' Qn th~.~rQ~~~d.~lal. - ---- III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Numbers RZ-10-006, PP-10-006, and CUP-10-011 as presented in the staff report for the hearing date of November 4, 2010, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Numbers RZ-10-006, PP-10-006, and CUP-10-O11, as presented during the hearing on November 4, 2010, for the following reasons: (You should state specific reasons for denial.) ,r~,,a Continuance I move to continue File Numbers RZ-10-006, PP-10-006, and CUP-10-011 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance . ) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the southeast corner of E. Overland Road and S. Locust Grove Road, in the northwest '/ of Section 20, Township 3 North, Range 1 East (Parcel No. S 1120223307) B. Applicants: RZ & PP: Overland 16, LLC P.O. Box 344 Meridian, ID 83680 CUP: Steve & Tracie Eddy, ST Investments 770 W. Ustick Road Meridian, ID 83642 C. Owner: Overland 16, LLC P.O. Box 344 Meridian, ID 83680 D. Representative/Contact: RZ & PP: Becky McKay, Engineering Solutions, LLP PAGE 2 EXHIBIT A 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 CUP: Steve Eddy, Fast Eddy's 770 W. Ustick Road Meridian, ID 83b42 E. Applicant's Statement/Justification: Please see applicant's narratives for this information. V, PROCESS FACTS A. The subj ect applications are for a rezone, preliminary plat, and conditional use ermit. A u ' is re wired bef p p blic hearing q ore the Planning & Zoning Commission and City Council on each of these matters consistent with Meridian City Code Title 1 1, Chapter 5. ' B. The subject application is for administrative design review. This a lication is a roved a b the Director cons' ~ ~ PP Pp t staff level Y istent with Meridian City Code Title 1 1, Chapter 5. C. Newspaper notifications published on: October 18 and November 1, 2010 Conunission ' N 1 ( ), ovember 5, and 29, 2010 (City Council) D. Radius notices mailed to properties within 300 feet on: October 7, 2010 Commission 2 ( ), November 11, 010 (City Council) E. Applicant posted notice on site by: October 22, 2010 (Commission ;November 15 201 ' 0 (City Council) VI. LAND USE A. Existing Land Use(s): This site is currently vacant. B. Character of Surrounding Area and Adjacent Land Use and Zonin :The surroundin ar ' g g ea consists of a mix of residential, commercial, and office uses as well as a church, as follows: North: A Maverik c-store & fuel facility exists northwest of this site across Overland zone ' d C-C, vacant property, zoned C-G exists directly across Overland to the north. South: A church exists to the south across Puffin Street, zoned R-8 East: Offices and apartments (Sagecrest) exist to the east of this site, zoned L-0 West: Residential uses (an assisted living facility & Sportsman's Point Sub. exist to the west ' ) of the site across Overland, zoned L-0 and R-4. C. History of Previous Actions: - In 2000, this property received annexation and zoning (AZ-00-004 a royal of 1 b.119 pp acres of land with a C-N zoning district (Ordinance No. 882). A develo ment a Bement was re uir P ~' q ed as a provision of annexation (Instrument No. 10100056509). - A modification to the development agreement (MI-06-009) was a roved in 2007 In No. 107 Pp (strument 005524). D. Utilities: 1. Public Works: a. Location of sewer: E Overland Road & S Locust Grove Road: b. Location of water: E Overland Road & S Locust Grove Road. PAGE 3 EXHIBIT A '~~ c. Issues or concerns: A water main will need to be looped within this project from E Overland Road & S Locust Grove Road. Also no sewer or water mains shall be located within any site landscaping. E. Physical Features: 1. Canals/Ditches Irrigation: The Hunter Lateral runs along the east boundary of the property and is tiled. 2. Hazards: Staff is unaware of any hazards that may exist on this property. 3. Flood Plain: This property does not lie within the floodplain or flood way. F. Access: Access for this site is proposed on the plat via oneright-in/right-out and one full access to/from E. Overland Road; one full access to/from S. Locust Grove Road in alignment with E. Peacock Street on the west side of Locust Grove; and three full access points to E. Puffin Street at the south boundary of the site. See Analysis below in Section IX for more information. VII. COMPREHENSIVE PLAN ANALYSIS The subject property is currently designated "Commercial" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 105), commercial designated areas: provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adj acent to that zone. '''~`'~ The uses proposed by the applicant for Fast Eddy's on the northern portion of the site are consistent with the Commercial designation. Although no development is proposed at this time, the applicant for Somerton Subdivision intends to develop the remainder of the site with multi-family residential uses on the largest lot and office or commercial uses on the two lots adjacent to Locust Grove. These types of uses are also consistent with the Commercial designation and the C-C zoning district. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1-Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service is available to be extended to the property. - The lands are serviced by the Meridian Fire Department (MFD). - The lands are serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. - The subject lands are currently serviced by the Meridian School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not ,,,...,~ change. PAGE 4 EXHIBIT A ,,..~ Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) The applicant is required to provide landscaped street buffers along Overland Road, Locust Grove Road, and Puffin Street as a provision of preliminary plat approval in accord with the standards listed in UDC 11-38-7. The applicant has submitted a landscape plan that complies with these standards. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Obj ective B) The proposed convenience store, carwash/detail shop, quick lube, fuel facility, and future uses as allowed in the C-C district will provide a variety of commercial and possibly multi family residential opportunities in this area, Currently, there are no service areas of the magnitude proposed by Fast Eddy's in this area. Staff is of the opinion that the proposed store and associated uses will provide needed services to residents and employees in this area of the City. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action S) In addition to the required streets buffers, the applicant is responsible for installing park~'ng lot landscaping and buffers to adjoining uses in accord with the standards listed in UDC 11-38-8 and 11- 3B-9. Staff has reviewed the submitted plan for Fast Eddy's and finds it substantially complies with the aforementioned requirements. The landscaping on the remainder of the site will be reviewed upon future development. r'`~ • "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Objective A, Action # 12). Staf~'recommends as a condition of approval that cross-access is provided to the off ce development to the east for future interconnectivity and to reduce access points on arterial streets. Cross-access easements are shown on the plat for internal interconnectivity. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action #2) In accord with UDC I1-3A-3, which requires access to be taken from a local street when available, staff recommends access is provided via E. Puj~n Street. The proposed arterial accesses may only be allowed by City Council action. • "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action #5) This site is located on the corner of two arterial streets (Overland ~ Locust Grove) and near several residential subdivisions. The uses proposed and allowed in the C C zoning district will provide a variety of uses to the nearby residential developments in this area and be easily accessible by travelers on Locust Grove and Overland. • Chapter VII, Goal IV, Objective C, Action 1-Protect existing residential properties from incompatible land use development on adj acent parcels. There are existing residential uses (apartments) along a portion of the east boundary of the proposed subdivision. A 25 foot wide landscape buffer is required to be installed adjacent to residential uses in ~. the C C zoning district upon development of the portions of the site that abut residential uses. Locust PAGE 5 EXHIBIT A Grove Road and the street buffers adjacent to it will provide a separation ~ buffer between the site and the assisted living facility to the west, VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Commercial Districts: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists allowed uses in the C-C zoning district. The applicant for Fast Eddy's proposes to develop a portion of the site with a convenience store (retail), fuel sales facility, vehicle washing facility, quick lube (vehicle sales or rental and service), and a drive through establishment. All of these uses are principally permitted in the proposed C-C zoning district except for the drive through which requires conditional use permit approval when proposed within 300 feet of a residential use or district. There are specific use standards listed in UDC 11-4-3 for fuels sales facilities (11-4-3-20), vehicle washing facilities (11-4-3-39), vehicle sales or rental and service (11-4-3-38), and drive through establishments (11-4-3-11). C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district apply to development of this site. D. Landscaping Standards (UDC Table 11-2B-3 & 11-3B): 1. Width of street buffer(s): 25 feet along Locust Grove & Overland Roads; l0 feet along Puffin Street; ~ landscaping should be installed in accord with the standards listed in UDC 11-3B-7C, 2. Width of buffer(s) between land uses: 25 feet to residential uses; landscaping should be installed in accord with the standards listed in UDC 11-3B-9C. 3. Parking lot landscaping: Landscaping should be installed in accord with the standards listed in UDC 11-3B-8C. 4. Percentage of site as open space: NA 5. Tree Preservation: NA (there are no existing trees on the site) E. Off-Street Parking: UDC 11-3C-6B requires loff-street vehicle parking space for every 500 square feet of gross floor area for nonresidential uses. A total of 19,260 square foot of building area is proposed on the portion of the site proposed to develop as Fast Eddy's. Based on this amount, 39 parking stalls would be required; 61 are proposed (see section 9 below for further analysis). UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle parking spaces or portion thereof. Based on 39 parking stalls, a minimum of 2 bicycle parking spaces are required in accord with the standards listed in UDC 11-3C-SC. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ): The applicant proposes to rezone the site consisting of 16.12 acres of land from the C-N (Neighborhood Commercial) to the C-C (Community Business) zoning district. A Fast Eddy's consisting of a convenience store, fuel sales facility, vehicle washing/detail facility, '~`` quick lube, and drive-through is proposed on the northern portion of the site. The remainder of the site is intended to develop in the future with apartments and commerciaUoffice uses. PAGE 6 EXHIBIT A ,,,~,, The proposed RZ to C-C is consistent with the future land use designation of Commercial for this property (see analysis above in Section VII). The legal description submitted with the application (included in Exhibit C) shows the boundaries of the land proposed for the rezone. Development Agreement: A DA currently exists for this property that was approved as a provision of annexation in 2000 and subsequently amended in 2007. when this property was annexed, a conceptual overall site plan was approved with the conditional use permit/planned development. As part of the planned development process at that time, a CUP application with a detailed site plan was required to be submitted upon development. Therefore, a provision (4.1) of the DA requires all uses and development of the property to obtain CUP approval. Fast Eddy's is proposing a CUP for approval of adrive-through on the site concurrently with the RZ & PP in compliance with this requirement. Staff is of the opinion the CUP requirement should not be a provision of the current development for the following reasons: 1) Changes have been made to the planned development section of the UDC that no longer require this process; 2) The area of the original DA encompasses the entire Resolution Subdivision, most of which is already developed; and the City now has design standards for all commercial development which did not exist at the time of the previous site approvals. Because a rezone is proposed, the City has the authority to require a property owner to enter into a new or amended DA with the City in accord with UDC 11-SB-3D2 and Idaho Code §67-6511A. To ensure this property develops in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties, staff recommends a new DA be executed between the property owner, developer, and City that no long requires this property to comply with the current ~''~ and amended DA for Resolution Business Park. Staff has included recommended DA provisions in Exhibit B. If the Commission or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. PRELINIINARY PLAT (PP): The proposed preliminary plat consists of 5 building lots on 13.19 acres of land for Somerton Subdivision. The area for the PP differs from that of the RZ due to the inclusion of right-of-way to the sect~'on line of adjacent streets in the RZ area. Dimensional Standards: Staff reviewed the proposed plat for compliance with the applicable dimensional standards of the C-C district listed in UDC Table 11-2B-3 and determined the width of the landscape buffer easements comply with required standards. Access: Access for this site is proposed via one right-inlright-out and one full access tolfrom E. Overland Road; one full access tolfrom S. Locust Grove Road in alignment with E. Peacock Street on the west side of Locust Grove; and three full accesses via E. Puffin Street at the south boundary of the site. There is an existing curb cut approximately 220 feet south of the Overland/Locust Grove intersection that is proposed to be closed. UDC 11-3A-3 requires access to betaken from a local street where available unless otherwise waived by City Council. Because access is available via a local street, E. Puffin Street, staff recommends sole access to the site is provided via Puffin. The applicant requests a waiver from Council for the access points proposed on the plat to Overland and Locust Grove Roads. Internal cross-access easements are proposed on the plat. '~`'~ Sidewalk: Per UDC 11-3A-17, minimum 5-foot wide detached sidewalks are required along arterial streets (Locust Grove and Overland Roads). A minimum 5•foot wide sidewalk is required along E. PAGE 7 EXHIBIT A ~,...,, Puffin Street, a local street; this sidewalk is not required to be detached. The existing and proposed sidewalks are depicted on the landscape plan. There is an existing attached sidewalk along Overland and the majority of the frontage along Locust Grove that was recently installed with the widening of these streets; staff does not recommend these be removed and reconstructed. However, the area along Locust Grove where a sidewalk does not currently exist should be detached as shown on the landscape plan. Where the sidewalk is located on the subject property and not within the right-of-way, a public use easement shall be dedicated on the face of the plat. Landscaping: Landscaped street buffers are required to be provided along Locust Grove, Overland, and Puffin in the dimensions detailed above in Section VIII.D. A buffer to residential uses is required along the portion of the east boundary that abuts the apartments. The plat currently depicts a 20-foot wide buffer along the entire length of the east boundary; this should be revised to only reflect the buffer in the area that abuts residential uses. Waterways: The Hunter Lateral exists along the east boundary of the subdivision. This waterway is piped and lies within a 20-foot wide Nampa Meridian Irrigation District easement. Existing Structures: There are no existing structures on this site. CONDITIONAL USE PERMIT (CUP): A CUP is proposed for Fast Eddy's consisting of a convenience store (5,800 square feet), fuel sales facility, vehicle washing/detail facility (10,720 square feet), quick Tube (2,740 square feet), and drive-through in a proposed C-C zoning district. Fast Eddy's is proposed to be located on two future lots in the proposed subdivision consisting of 3.83 acres. All of the proposed uses are principally permitted in the C-C zoning district except for the drive through which requires ,~ CUP approval. The DA currently in effect also requires .CUP approval of all future uses and development on the site. Therefore, the CUP is for approval of the entire Fast Eddy's site, not only the drive-through. Dimensional Standards: Staff has reviewed the proposed site plan for compliance with the applicable dimensional standards of the proposed C-C zoning district listed in UDC Table 11-2B-3. Based on this analysis, the site plan shall be revised as follows: Where parking stalls abut a sidewalk or required landscape area and no wheel stops are proposed, the sidewalk or landscape buffer shall be widened two feet (2') beyond the required amount to allow for vehicle overhang beyond the designated parking dimensions in accord with UDC 11-3C-SB4. The parking stall dimensions may be reduced two feet (2') in length if two feet (2') is added to the width of the sidewalk or landscaped area planted in ground cover. Specific Use Standards: Several of the proposed uses on the site have specific use standards for development listed in UDC 11-4-3 as follows: - Drive-Through Establishment: The applicant has indicated that the proposeddrive-through is intended to only serve patrons of the convenience store but may possibly serve a restaurant use in the future. Per UDC 11-4-3-1 1, the following Specific Use Standards apply to the proposed drive-through use of the property as follows: A. All establishments providing drive-through service shall identify the stacking lane, speaker location, and window location on the plans submitted with the Certificate of Zoning Compliance application, The stack~'ng lane is shown on the site plan; however, the speaker ~. and window locations are not depicted on the site plan; these items should be included on a revised site plan submitted with the Certi acate of Zoning Compliance (CZC) application. PAGE S EXHIBIT A B. Stackin lanes shall have sufficient capacity to prevent obstruction of the publicright-of ~ g ~ ~ the ro osed way by patrons. The stacking lane is located along the south east side of p p convenience store. Staff believes there is su~cient stacking capacity for the proposed drive-through use and will not obstruct the adjacent driveway. C. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The stacking lane is separate from the circulation lanes needed for access and parking on the site thus complying with this requirement. D. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. The proposed stacking lane is not within 10' of a residential district or residence; the closest residence is approximately 140 feet (140'} from the stack~'ng lane. E. An stackin lane eater than one hundred feet (100') in length shall provide for an escape Y g ~' lane. The proposed site plan depicts a stacking lane greater than 100 feet in length and no escape lane is proposed; an escape lane should be included on a revised plan submitted with the CZC application. F. A letter from the Transportation Authority indicating the site plan is incompliance with the authority's standards and policies shall be required. A report has not yet been received from ACRD on this application. - Fuel Sales Facility: Per UDC 11-4-3-20, there are Specific Use Standards that apply to the proposed fuel sales facility use of the property as follows: A. when allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty-five percent (25%) of the subject property. The proposed fuel sales facility does not occupy more than 2S% of the property; it occupies approximately 3.S% of ~ the site. B. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). The elevation for the fuel canopy shown in Exhibit A.7 complies with the building height requirements as determined by the Building Department. C. Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten feet (10') of any abutting residential districts. The submitted site plan shows adequate stack~'ng area on the site outside of the fueling areas that do not obstruct the public right-of way. Further, the stacking area is not located within 10 feet of a residential district. D. If the use is unattended, the standards in accord with Section 11-3A-16 of this Title shall also apply. The use will be attended by employees in the convenience store during business hours. After hours, the following standards apply: - Self-Service Uses: Any unattended, self-service uses, including, but not limited to, Laundromats, automatic teller machines (ATMs), vehicle washing facilities, fuel sales facilities, and storage facilities, shall comply with the following requirements. The Meridian Police Chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided. A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting. The fuel islands are visible from Overland Road. Lighting for the fueling area shall be low impact security lighting. PAGE 9 EXHIBIT A • e oriented to and visible from an area that B. Financial transaction areas shall b um s ~"`~ ~ traffic such as a collector or arterial street. Fuel p p receives a high volume of , are visible from Overland Road. limited to no more than three feet (3') in height C. Landscape shrubbery shall be treet. The es and financial transaction areas and the public s between entranc applicant shall comply with this requirement. • • ' C 11-4-3-39, there are Specific Use Standards that apply to - Vehicle Washing Facility, Per UD ro osed vehicle washing facility use of the property as follows: the p p . ' at demonstrates safe pedestrian and vehicular access and A. A site plan shall be submitted th • ~ 1 n shall ' site and between adjacent properties. At a nunimum, the p a circulation on the demonstrate compliance with the following standards: ' hall have sufficient capacity to prevent obstruction of the public 1. Stacking lanes s a aci within ri ht of wa b patrons. Staff is of the opinion there is su~cient c p ty g y y ublic ri ht o wa . the stackin lanes to prevent obstruction of the p g f Y g ' lane shall be a se arate lane from the circulation lanes needed for 2. The stacking p the car wash access and arkin .The site plan depicts three stacking lanes for p g hick are se arate rom the circulation lanes needed for access and parking. w p f ackin lane shall not be located within ten feet (10') of any residential 3. The st g ' or existin residence. Stack~'ng lanes are not within 10 feet of a residential district g istrict~ the closest residence is approximately 160 feet (160') from the stacking d , lane. 4. A letter from the trans ortation authority indicating the site plan is in compliance ~ p with the hi hway district standards and policies shall be required. Comments g have not yet been received from ACHD on this application. 'thin the industrial districts, a vehicle washing facility shall be allowed only as an B. Wi .. accesso use to a gasoline or diesel fuel sales facility for the use by non-passenger ' The vehicle washin facility shall be limited in capacity to a single vehicle. The vehicles. g ' discoura a facilities that cater to passenger vehicles. N/A. The site is not zoned intent is to g industrial. se that is not full enclosed shall be located a minimum ane hundred feet (100') from C. Any u Y residential district and shall be limited in operating hours from six o'clock (6:00) A.M. any leven o'clock 11:00 P.M. There is not a residential district within 100 feet of the toe ( ) sed use • however, there is an assisted living facility across Overland to the west of propo , h carwash 'ust outside the 100'. Because the applicant states the carwash, which includes t e J rids a rovision be included in the vacuums, will not operate beyond 10 pm, staff recomme p DA that restricts hours of operation to those proposed by the applicant. D. If the use is unattended, the standards set forth in section 11-3A-16 of this title shall also 1 . The ro osed vehicle washing facility will be developed in conjunction with the fuel app Y p P sales facilit and convenience store. Personnel will be placed on the site to oversee the Y operation of the facilities. rs of 0 eration: The hours of operation of the proposed convenience store will be seven days a Hou A ~ & full serve car wash should be week from 5:30 am until 12:00 am. The applicant states the quick Tube sed b 7 m at the latest and the express car wash should be closed by 9 pm in the winter and 10 pm clo y p there are residential uses in the summer at the latest. These uses would not open before 7 am. Because ~. fisted livin facilit to the west of the carwash, staff recommends the hours of operation oft e (ass g y) carwash (including vacuums) be limited to 10 pm. PAGE 10 EXHIBIT A • he site lan in accord with the standards listed in Parkin : off-street vehicle parking is proposed on t p sed on the .~. g _ - e uires two bic cle parking spaces to be provided a UDC 11-3C-6B. UDC 11 3C 6G r q Y ber of arkin s aces provided. See Section VIII.E above, num p g p • • ere are no athwa s designated in the City's Master Pathways Meridian Pathways Master Plan. Th p Y Plan for this site. • 's a lication. Any and all fencing constructed on the site Fencing: No fencing is proposed with the pp not exist and ' dards listed in UDC 11-3A-7. Where perimeter fencing does should comply with the stan uld be installed around the site ' o osed tem ora construction fencing to contain debris sho is not pr p p rY prior to issuance of building permits. • in is re uired to be rovided internally on the site in accord with Landscaping. Parking lot landscap g q p ' 11-3B-8C. A buffer to residential uses is required in accord with the the standards listed in UDC standards listed in UDC 11-3B-9C where applicable. ' ca a lan submitted with the CUP application for compliance with the Staff has reviewed the lands p p , , ve noted standards. The revised landscape plan shall incorporate the following revisions. abo ral is tiled and runs along the east boundary of the site. If Nampa Meridian • The Hunter Late ' ict NMID will not allow trees within their easement an additional 5 feet of Irrigation Distr ( ) ' uld be rovided outside of the easement per UDC 11-3B-SJ.2 and landscaped landscaping sho p royal o ' e standards listed in UDC 11-3B-9C. The applicant may request app f in accord with th alternan've compliance in accord with UDC 11-SB-S. • 'lands are re uired at the end of rows of parking and are required to be landscaped Planter is q with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover, in accord with UDC 11-3B-8C. • ere arkin stalls abut a required landscape area and no wheel stops are proposed, the ~ P g dsca a buffer shall be widened two feet (2') beyond the required amount to allow for lan p DC 11-3C-SB4. vehicle overhan beyond the designated parking dimensions in accord with U g revised tan submitted b the applicant appears to be printed at the wrong scale. This Note. The p Y should be rectified on the revised plans submitted with the CZC application. ' vations: The a licant has submitted building elevations for the convenience store and Building Ele pp fuel canopy which are included in Exhibits A.6 & A.7. ' in materials for the c-store consist of stucco (3 colors) with cultured stone veneer wainscot, Build g osite wood la ed shin le siding accents and metal roofing on portions of the roof. Fabric comp pp g awnings are proposed over some of the doors and windows. licant states the fuel cano will have a beige stucco finished cornice to match the c-store and The app PY wer option will consist of the standard metal canopy for Chevron as shown in Exhibit A.7. The the to p 'cant has submitted two different elevations as options for the fuel canopy; one shows a 12-inch apple " tall cornice and the other a three foot (3') tall cornice. Staff approves of the elevation with the (12 ) "cornice. However, we encourage the applicant to research if the tallerthree-foot cornice is 12 ' ed on the mechanics of construction and elevation based on the height and configuration of feasible bas tructure . If the taller cornice turns out to be a workable option and the better-looking option, we the s will consider the revised elevation as part of the CZC. (We will not require a new design review application). PAGE 11 EXHIBIT A atch the ro osed architectural design and ~ icant states the carwash will be constructed tom P p ion . The app/ . v tions have not been submitted with this applicat buildin materials as the c-store. However, ele a g ' ES review a royal in the future with the CZC. and will require D pp • C 11-5B-1B, a CZC application is required to be ertificate of Zoning Compliance (CZC). Per UD , s. C • ro osed structures, prior to submittal for building permit submitted for the site and each of the p p ' ' si review is required for all new commercial development DESIGN REVIEW (DES). Adnvnistrative de gn Ines for ' the standards listed inUDC 11-3A-19 and the guide/ per UDC 11-SB-S in accord with rban develo ments listed in the City's Design Manual. urbanlsubu p • val of the site and proposed convenience store and fuel canopy The applicant requests DES appro ~ fisted in UDC 11-3A-19 and ' his a lication. Staff has reviewed the design standards l structure with t pp liance with all standards and guidelines. found the site and proposed structures to be in general comp s . ' n walkwa s rom the perimeter sidewalks to the main building entrance Note. The S-foot wide pedestria Y f colored ' fished rom the vehicular driving surfaces through the use of pavers, are required to be distingu f , to or bricks. The site plan currently shows a raised crosswalk. or scored concre , • ash and uick lube are proposed will require separate DES The portion of the site where the carve q will all future structures on the remainder of the site upon development. approval as X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map & Aerial Map 2. Preliminary Plat (dated: l0/27/10) - Somerton Subdivision 3. Landscape Plan (dated: 911/10) - Somerton Subdivision 4. Site Plan (Revised) -Fast Eddy's 5. Landscape Plan (Revised) (dated:1O129/10) -Fast Eddy's ildin Elevations & Floor Plan (dated: 9/23/10) -Fast Eddy's Convenience Store 6. Bu g 7. Gas Canopy Elevations -Fast Eddy's B. Agency Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company b. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map for Proposed Rezone D. Required Findings from Unified Development Code PAGE 12 Y~ I~x'~i(.r.E'> .1.~ ~~~~:~~t .~.~: ~'ici~it;~~~~:~~~~~ tap ~ ~.~ri~.~ ~~1ap EXHIBIT A Exhibit A.2: Preliminary Plat (dated:10127I10) - Somerton Subdivision t-!o "-~ E atxNO la ~~ ~Iwwue~v_ w~T,e~r~ ~„t• _ 11111ua!~~ ~ ~o~ I ~ r -", ~ arfj uwK 1~ S v j 1 ~. 4 r ~ !~ ~ t I ~ `i \ ~» ^....~. , ~- - -' ffa OI flr of ~trrsa !!I 'I ~ if 'I~ i iPN~5E,.• ~ j Ii1~ ~ '- ~ -. ------___. u~ono~iruf ~ Y I I ~ 1 ~ •~ ~•~•••••••„•~„ roo-oam rlw[ IpMYMY I 1 I K w' I ~ 1 11 - kUT f>OPIf tafa / f>fAfNM ''I .r• .... !, I ~e "wx.' ~ 1 ..~..__ --o--•- ausnts sra of.nwr'+a~ "~. ~~ ~ } !~ I f ow ms 1 I ~ ~ p a --- oerMf fall of " 4~ I YYi'(1ltIM Il ( , Y~ •-7-~.--• YYY~M~V~~A4tL. aM.Y ~ ~ ~ M77! f •1 I 1„ ~ r-- [141M10 /MII OnIC l1[ Ma~s-~.IM ~ i I ~ I +.w rtmr _ ..... 1 I ` f IMwR~R ~ eoei ~ ' - - "''I - OAiRMC ,Iwnlt cowl Uf ~ ~~ 't . oappo w IMt ~ ~ ~~tp °' I ~, I I ~ ~ O/Nf 1fIPIlOtf t1E y b$ / 0 ~ ! 1 1 ~~ --~=-o- [ewe stdn Oww ut ./ww~ac U ~ ~ i 1 `. 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' S I ._..~ W I'1 ~, I \ ~ , iii t t .. . _. ,. .,, ',,' ~ a ~.,,,~, .._.. ~ ,. `, \, ,. r.... i -~~-- LoT s Tn o~lurn Rowo ~'. ,, , ••~. ., ~ I ~\ I ~~ i R • _- k-~ If` ltd } ~q'KI ~~ I 1 { 1~' ~ ~_... .- ~1.-+---..-_ ~ ..;_ .~.r! Z 1~ _ 1 / ~' / I f I ~ 1 ~~~ I ~' / 11 ~ I~ -. ~ I 1 ~ I 111111 a- - .__- 1 _- . - ... -,~ 1 _..~. I ~ NfIM .:t i_. -.t ~. ..I-~ i k-a ,~,~.. ._1. ~.__ ~.. > 7710 th I R ri ~ f wl ,y ullNlep i ~ ~ i ! ; I IW wt 10D710 lfaffl k-8 .af1_i.- _w,;-------I _ _.L...~.-..1..~..~ "'a'ft ~, , a I fON[ f IQ7 . PROP SEVER PROFlE • •_ i LOT S ro PEAI'ACI(,~1REET PRE PAGE 14 EXHIBIT A .,•~,~_ Exhibit A.3: Landscape Plan (dated: 9/1/10) - Somerton Subdivision ?, t*LANT h1AtE~elAl. LC-G~ID ~~~~ .. ~. ... 3. ~~.:r~uwa~,r ~.at eueM~tta~. ~+~cru.~srt ... ti~ya~ +tiwr~r r~rut, ;- ~:;., ~., ~.., ~ w Arm J~t01 PAGE 15 EXHIBIT A Exhibit A.4: Site Plan (Revised) -Fast Eddy's 18117 t 9 ~ 20 ..--72.T---+ i I~ I I j i II ~I Q 0 W I O i ~ i N U i O J N ROAD ~~' b' rt " NEW FAST EDDY'S GAS & CAR WASH CONCEPTUAL LAYOUT - N0.3 REVISED _. SCALE 1'= 20' DESIGN BY: CAR-WASH-ARCHITECT.COM N m PAGE 1 b EXHIBIT A Exhibit A.S: Landscape Plan (Revised) (dated: l0/29110} -Fast Eddy's u~u _ ~~.~~.~ N n .,> .. ~ ~, ww ( • :-~~~ ti "~}•~ tih'.. ;fir. Y,~:.~,~ 1~ \.Y: S ~ ~ l .. ~ Y'rA~. ~"'.. I °n'° ~..r... ~~ ~ ~ awMw r, ( .:~ ,. dam' ac ~ i r ~` ~. ~, r ..., ~-~- I' I @ 'E r i ( •M4I WIIIIa ~-r { ~; «,~nrww •: I e ~ ~~:.,; ~: v ~.v •. Y' ~• R . r, ~• ~ ~ f + :i I ~.>: I . tANDSCAP~ PUWTING PLAN ~~~ ~~~~~ "nY~i" l~'J' ~ ~'.~ ' ~f.~. 1w~. ~r ~ „a7 ~ M.M_~IMMwI- w°u~e~n~ It pry ~'"'~~'~r'~"~~ wMNrr+rniv ~, r~~ •~ ~I }} yywpv~< ~ w w ~~ wwn vwwrwwr rRV! al. • st~/Mt~11~ e.~ •' M11i . 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Y.y Ca4YaMlA.uAYY.'WNYi1+M-90:c:M%a~+++sA'j ~';~.t.i ~',1 EXHIBIT A ,~, ~~,. ,~ s /~ ~ ~ ~~ + / ' ,.r ~ a i , ~ ~„ ,~; ~, \~ ti ~. +r i : ~ ~~ i I ~y ~ ~ ~' ~~ ~ I ~ w I r~ ~ ~ . y' 'd, ~ v, 7 ,, •~ ` \ Y ,1 ~ I , ~~+ ,I I ~ `,~ IA ` ~' . `~~. ~ L...__..._J tJ!!ER LiVil I~IOSR~~IIIN ~~~ I.ar~r .~ i • ~.w.~...w~. ~ y ~ ~: E ~ ~-' ~ r ; •,. ,, ::~_ E:~-3 ~, ~~ i ,' ,,"~7 `,' ~. ~: :. N Isl FtAO~' ~ I • 1 ~~ ~~ ~~ ~~ ~~ ~~ r M IDIM 1MM 1// ~Iao PAGE l9 EXHIBIT A ~''~``~ Exhibit A.7 -Gas Canopy Elevations -Fast Eddy's 0 a~ ~~~~~r ~ ~^.wfui..~n.~Ar~ s~ ro.~ar~aowvaMesn~ucn~~rsstsco~ur~ ~ ~~~~~~ ~~~~~~a~ :r~'; PAGE 20 a El'~IT~I EXHIBIT A I ~ ti ------------------- ~C---------- -------- -------_-------___---- _--------------------- ------- --------- J7 - ~~ I~ ~I I I I ------- ~~ I I I I ------ -------__ jl I~ II II I t I~ ~I II c==-~ IIII ~---~ IIII C I I I~ ~I II 1111 c~=~~ IIII ~---- N II It II III Z~ Illj C,_=~ II II 0 --- i9 IIII ~T-TI IIII ~T-T~ IIII ~T-Tr II II IIII ~r~~l r.~~i ~ IIII II II ~n~ u iar IIII II I =g ~n~ ~i , i -- I C-~LI_.JJ IIII I II I LUJ ,. _~ -- IIII LI_JJ~-~ LUJ I I~ I' r - - i~- IIII LI__IJ~-~ LUJ I II ELEVATION KEYNOTES, CARWASH c~~ 1.) CONCRETE DRAINAGE APRON AT APPROACH AND DEPARTURE tTYPICA1j. 2.) CONCRETE DRAINAGE APRON SLOPED TO CATCH BASINS AND SAND AND GREASE INTERCEPTOR TANKS. EXTEND TO SEWER SYSTEM )TYPICAL. 3.) 2b GAUGE FACTORY FINISHED STANDINGrSEAM METAL ROOFING S1~'STEM MATERIAL; MBCI METAL ROOF AND WALL SYSTEMS, COLOR; SIGNATURE 300 STANDARD COLORS;'MEDIUM 8RON3E` SR .33 SRI 36 ~11CPlCAtj. 4.) FAC'TORY~iNISHED METAL FASCIA AND SOFFIT. MATCH ROOFING COLOR. jTYPICAW. ~ S,) CONTINUOUS FACTORY FINISHED METAL GUTTER WITH DOWNSPOU't~ TERMINATING AT OPEN HU8 DRAINS TO UNDERGROUND SITE DRAINAGE SYSTEM. MATCH ROOFING AND FASCIA COLOR. ~PICAIj. b.) 8"SPLIT"FACE CONCRETE MASONRY UNIT )CMU) ~1'ALLS. PRIME AND PAINT. ~TYPICAI.j. l.) AUTOMATIC CARWASH i~OOR. )TYPiGIIj. 8.) CONCRETE FILLED PIPE BOLLARDS. PRIME AND PAINT. )TYPK,AL). 9.~ G.L HOLL01Tl METAL DOOR AND FRAME. PRIME AND PAINT. (1'YPiCAL.~. 10.j 1 X b EMBOSSED WOOD GRAIN COMPOSITE WOOD TRIM. PRIME AND PAINT. (TYPICAL), 11.j COMPOSITE WOOD LAPPED SHINGLE SIDING. PRIME AND PAINT. )TYPICAW. 12.j WOOD OUriOOKER BEAMS AND BRACKETS. SEMITRANSPARENT STAIN. (TYPICAL). 13.j G.I.OR ALUMINUM METAL STEPS AND WORK PLATFORM. )TYPICAL) 14, j PAIN'T"ED TTtAFI'IC STRIPPING. )TYPICAL) 1 S. j CARWASH PAY-CENTER f CONTROLS. )'IYPICAI.j. 1bj SIGNAGE BY SEPARATE PERMIT jTY'PiCAI.~. 17.) CHEVRON STANDARD IMAGE CANOPY, FASCIA AND GRAPHICS ~BY OTHERS). 18. j CHEVRON STANDARD IMAGE MPD, VALET AND DISPPLAY CAB~'t' f BY OTHERS). 19.! CHEVRON STANDARD IMAGE ILLUMINATED SPANNERS ~BY OTHERS). 20.) RAISED PUMP BLOCKS )6Y OTHERS). 2I.j CHEVRON CLADDING OVER STRUCTURAL TUBE STEEL COLUMN. 3Z.) STUCCO FINISHED CORNICE TO MATCH BUILDING DETAIL AND COLOR. 13.) PAINTED METAL COPING CAP SYSTENL ~''"'~, PAGE 21 ~~ ~~~~~i~.: ~~ EXHIBIT A ~`` B. Agency Comments/Conditions of Approval On October 13, 2010, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public. Works Department, Meridian Parks Department, Meridian Police Department, and Sanitary Service Company. Staff has included all comments and recommended actions below. 1. PLANNING DEPARTMENT 1.1 REZONE 1.1.1 The legal description and exhibit map for the proposed rezone submitted with the application (stamped on October 1, 2010, by Michael Marks, PLS} shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 1.1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall be signed by the property owner and returned to the city within one year of the City Council granting the rezone. Development of this property shall only be subject to this DA and not the current and amended DA for Resolution Business Park. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall be consistent with the site plan, landscape plan, and building elevations included in Exhibit A. The building elevations for the carwash and '~~`` uick lute lapped for the Fast Edd 's site shall be consistent with the convenience store q P Y in design and building materials. b. ~ ~ ~ . , 1 an~nroved a waiver to UDC 11-3A-3 to allow the access points deniT cted on the~lat t4/from Locust Grove & Overland Roads. c. A Certificate of Zoning Compliance (CZC) application is required to be submitted for all future structures on the site in accord with UDC 11-SB-1. d. An Administrative Design Review application is required to be submitted concurrently with the CZC application for all future structures on the site in accord with UDC 11-SB- 8B. As applicable, the site and structures shall comply with the standards listed in UDC 11-3A-19 and the guidelines contained in the City's Design Manual. Note: The convenience store ~ fuel facility for Fast Eddy's was approved with CUP-10-011 & DES- 10-044. 1.2 PRELIMINARY PLAT 1.2.1 The preliminary plat, dated 10/27/10 submitted with this application included in Exhibit A.2 shall be revised as follows: a. An easement providing cross access to the office development to the east is required for future interconnectivity and shall be depicted on the face of the plat. b . > ~o",~. > > -~'~ ~~~ . PAGE 23 EXHIBIT A ,...~ c. The plat currently depicts a 20-foot wide easement for a landscape buffer along the entire length of the eastern boundary of the site; the buffer is only required adjacent to residential uses, per UDC Table 11-2B-3. d, Where sidewalks are located on the subject property and not within the right-of-way, a public use easement shall be dedicated on the face of the plat. 1.2.2 In areas where fencing does not exist and is not proposed, temporary construction fencing to contain debris shall be installed around the perimeter. Perimeter, common open space, and micro- pathfencing shall be designed according to UDC 11-3A-7, 1.2.3 The existing curb cut depicted on the plat as closed shall be removed and a sidewalk and landscaping shall be installed in the area as shown on the landscape plan. 1.2.4 The landscape plan shall be revised to reflect the same configuration of the revised plat (i.e. curb cut locations). 1.3 CONDITIONAL USE PERMIT 1.3.1 The revised site plan submitted with this application included in Exhibit A.4 shall be revised as follows and submitted with the Certificate of Zoning Compliance application: a. A bicycle rack capable of holding at least two bicycles shall be installed on the site in accord with the standards listed in UDC 11-3C-SC. b. The menu, speaker, and window locations (if applicable) for the drive through shall be included on the site plan as required by UDC 11-4-3 -11 B. c, Because the stacking lane for the drive through exceeds one hundred feet (100') in length, an ~ escape lane is required per UDC 11-4-3-11. d. Where parking stalls abut a sidewalk or required landscape area and no wheel stops are proposed, the sidewalk or landscape buffer shall be widened two feet (2') beyond the required amount to allow for vehicle overhang beyond the designated parking dimensions in accord with UDC 11-3C-5B4. The parking stall dimensions may be reduced two feet (2') in length if two feet (2') is added to the width of the sidewalk or landscaped area planted in ground cover. e. The 5-foot wide pedestrian walkways from the perimeter sidewalks to the main building entrances are required to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19A.4b, 1.3.2 The landscape plan included in Exhibit A.5 shall be revised as follows: a. If Nampa Meridian Irrigation District (NMID) will not allow trees within their easement for the Hunter Lateral, an additional 5 feet of landscaping shall be provided outside of the easement per UDC 11-3B-SJ.2 and landscaped in accord with the standards listed in UDC 11- 3B-8C and 11-3B-9C. The applicant may request approval of alternair've compliance in accord with UDC 11-SB-5. b. Planter islands are required at the end of rows of parking and are required to be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover, in accord with UDC 11-3B-8C. c. Where parking stalls abut a required landscape area and no wheel stops are proposed, the ~ landscape buffer shall be widened two feet (2') beyond the required amount to allow for vehicle overhang beyond the designated parking dimensions in accord with UDC 11-3C-SB4. PAGE 24 EXHIBIT A ,~ 1.3.3 The applicant shall comply with the specific use standards for drive through establishments listed in UDC 11-4-3-11. 1.3.4 The applicant shall comply with the specific use standards for fuel sales facilities listed in UDC 11- 4-3-20. 1.3.5 The applicant shall comply with the specific use standards for vehicle washing facilities listed in UDC 11-4-3-39. 1.3.6 Where perimeter fencing does not exist and is not proposed, temporary construction fencing to contain debris should be installed prior to issuance of building permits for this site. 1.3.7 The carwash, including the vacuums, shall not operate beyond 10 pm due to the residential use (assisted living facility) to the west of the site across Overland Road. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in East Overland Road. Sanitary sewer to this site is master planned to be served from S Locust Grove Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top ofpipe tosub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. No Mains shall be located within landscaping buffers of islands. 2.2 Water service to this site will be via extension of mains in S Locust Grove Road and E Overland ,,rte Road. The applicant shall be responsible to install two water connections from S Locust Grove Road and E Overland Road due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from. Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 8112" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems besupplied by ayear-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans ,,,.~,~ shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If PAGE 25 EXHIBIT A lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208}375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 All grading of the site shall be performed in conformance with MCC l l -12-3H. 2.1 S Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.17 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.18 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.19 100 Watt and 250 Watt, high-pressure sodium streetlights shall be required per the City of Meridian Department of Public Works, Improvement Standards for Street Lighting. All streetlights shall be installed at sub divider's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. PAGE 26 EXHIBIT A .~. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 %2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/2"outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. This requirement also applies to the shared access driveway to the east. 3.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.6 Commercial and office occupancies will require afire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.7 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. Note: If Council does not grant a waiver for access to Overland Road, there may be an issue with addressing the property. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 508.5.1. For buildings quipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.9 Emergency response routes and fire lanes shall not be allowed to have speed bumps as set forth in International Fire Code Section 503.4. & National Fire Protection Standard 1141, Section 5.2.18. 4. POLICE DEPARTMENT 4.1 The Police Department is not supportive of any access driveways to Locust Grove within 440 feet of the Locust Grove/Overland intersection. PAGE 27 EXHIBIT A ~ 5. SANITARY SERVICES 5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian Planning Department, the applicant shall submit a scaled site plan and detail of the trash enclosure to Doug Mason, SSC (888-3999) that demonstrates compliance with the following items: a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle back up requirement)J; b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is required, including power and telecommunication lines; this requirement increases to 22' at container service locations); c. Ample number and size of waste receptacles/enclosures to meet waste generation points and volumes; d. Adequate waste enclosure access (the applicant shall provide drive-on capability for 6 and 8 cubic yard containers; allow a minimum of 60' frontal clearance); e. Adequate turning radius (provide a minimum 28' inside and 48' outside for all entrances, internal roads, drive aisles, alleys, and private streets where they intersect a public street); f. Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turnaround. g. Meets design standards for waste enclosure(s): i. Concrete pad for the waste enclosure (required for all enclosures); 11. Concrete apron in front of waste enclosure (minimum 8' in depth) 111. Gate locks for the waste enclosure for both open and closed positions; iv. Clearance inside waste enclosure gates (minimum 12' x l o' when in open position) Note: If building tenant wishes to recycle, please contact Doug Mason, SSC at 888-3999 for minimum dimensional requirements; v. Bollards inside the enclosure to prevent the container from damaging the walls and gates; vi. Waste enclosure user access (When possible, the enclosure should be designed with an easy pedestrian access point other than the front gates to ensure less mess within the enclosure as well as reduce gate damage); 6. ADA COUNTY HIGHWAY DISTRICT 6.1 Site Specific Conditions of Approval 6.1.1 Dedicate 62-feet ofright-of-way from the centerline of Overland Road abutting the site. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process theright-of way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existingright-of-way from available Corridor Preservation Funds. OR Provide the District with sufficient sidewalk easement so as to total 62-feet from centerline of ~, Overland Road when combined with the existingright-of way, PAGE 28 EXHIBIT A 6.1.2 Construct aright-turn lane on eastbound Overland • ~., Road at the intersection of the western drivewa , as proposed. The right-turn lane shall be 220-feet in len h 170-feet of Y 50-feet to be u ~ ~ which shall be tapered and sed for storage, as proposed. 6.1.3 Construct a 30-foot wide driveway on Overland Road locat Overlan ~ ed 250-feet east of the intersection of d Road and Locust Grove Road, as proposed. Pave the drivewa i ' feet into the site be and t y is full-width at least 30- y he edge of pavement. 6.1.4 Close the existing 30-foot wide drivewa on Overland Road 1 Y ocated 190-feet east of the intersection ofOverland Road/Locust Grove Road with vertical curb ,gutter, and 7-foot wide attached sidewalk, as proposed. Pave the driveway it's full width at least 3 - ' 0 feet into the site beyond the edge of pavement. 6.1.5 Construct one 40-foot wide driveway located 470-feet east of the inter ' section of Overland Road and Locust Grove Road, as proposed. Pave the driveway its full-width at least 30-fe ' be and the ed a of avem et into the site Y g p ent. 6.1.6 Close the existing 40-foot wide driveway located 450-feet east of the inter ' section of Overland Road and Locust Grove Road with vertical curb, gutter, and 7-foot wide attached sidew alk, as proposed. 6.1.7 Dedicate an additional 12-foot ofright-of-wa to total 66-feet o - - Y fright of way for the first 200-feet south of the Locust Grove/Overland Road intersection taperin to 50-feet of ri t-of- g gh way, measured from the centerline of Locust Grove Road abutting the site. The ri ht-of-wa ur a Bement and g Y p chase and sale gr deed must be completed and signed by the applicant prior to schedulin the final plat for signature by the ACRD Commission or ' g prior to issuance of a building pernut (or other required permits), whichever occurs first. Allow up to 30 business da s to rocess the ri ht- - Y p g of way dedication after receipt of all requested material. The District will urchase the ri ht-of-w ' , p g ay which ~ is in addition to existing right-of-way from available Corridor Preservation Funds. OR Provide the District with sufficient sidewalk easement so as to total 66-feet from centerline of Locust Grove Road for the first 200-feet south of the Overland/Locust Grove intersection to erin to 50-feet when combined with the existin ri t- - p g g gh of way. 6.1.8 Replace the existing driveway on Locust Grove Road, located 175-feet south of the intersection of Locust Grove Road and Overland Road, with vertical curb, gutter and 5-foot wide detached sidewalk, as proposed. 6.1.9 Construct a 36-foot wide driveway on Locust Grove Road, located 545-feet south of the intersection of Locust Grove Road and Overland Road, aligned centerline to centerline with Peacock Street, as proposed. Pave the driveway its full-width at least 30-feet into the site be and the edge of pavement. y 6.1.10 Construct a 5-foot wide concrete sidewalk located a minimum of 36-feet from the centerline of Locust Grove Road, as proposed, The sidewalk shall begin at the intersection of Locust Grove Road and Peacock Street and run 280-feet south to the intersection of Locust Grove Road and Puffin Street, abutting the site. Provide a sidewalk easement for any segment of the sidewalk located outside oftheright-of-way. 6.1.11 Construct a 5-foot wide concrete sidewalk located a minimum of 18-feet from the centerline of Puffin Street abutting the site. Provide a sidewalk easement for any segment of the sidewalk located outside of the right-of-way. 6.1.12 Other than the access specifically approved with this application, direct lot access is rohibited to ~ Overland Road and Locust Grove R p oad. 6.1.13 Comply with all Standard Conditions of Approval. PAGE 29 EXHIBIT A ~ 6.2 Standard Conditions of Approval 6.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of-way 6.2.2 Private sewer or water systems are prohibited from being located within the ACIID right-of- way. 6.2.3 In accordance with District policy, 7203.b, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 6.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of-way or easement areas. 6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585} at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 6.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. b.2.9 A11 design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. b.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACRD Commission. 7. PARKS DEPARTMENT ,,~,, 7.1 The Parks Department had no comments on this application. PAGE 30 EXHIBIT A '~`' C. Legal Description and Exhibit Ma for Pro osed Rezone p p bar 1, t0 A psi at)ov~bad i~f6rlwf'~Y' !~ ~~ ~, T, ~~, ~~, ~ ~f~r+~a~adbvd ~~ ~b~ ~.~~~aaa~r ~~dd 8ovd~~a -• ~G ~t ~aea~ipliaa~ ~ ~e''~at ~ ~' yid ~ .. 8anbe~r &~1'1~" ~ ~3 Tbe~ae ~o ~ ~~id -' ~ ~~~ , X339 brae 8o~t 07''i~" l 1?~.~ i ~~~ ~~o~i 'I 1~~~"~1" 8~, ~1~ ~adrd ~~~d t'~ ~~oo~#~''" ~Via~, ~49~9~ ~tb~~p~o~t ~ ~ ~t~~i+d ~''"'`~ 1~Ir1a~ 4'l~"' ~t,'9'~ ia~ ~ 1MIC' ~ ', C~O~iniia~ 1b~1~ ~r ~ r~ Wowa ev OCT 06 IOp ~I~N PUBLiC ti~~+~lltli~loc PAGE 31 EXHIBIT A ~.. ~. r o~ Id 1~ ~ ~ ~ ~ 1T ..... i ~.~, • ,rrrr~ ,. 1, ~.... ~ , .nrrn. ~ ' ~# r i`.• "~ J ~~ t F .r..~ 4 • • •.. ~ li»~ r~~ . 1 1 ~~ f R f r r ( ,~ ~. ~ ~,~1~ r ~ J i ~/~" t t ~ 1, ~ ~ r w s ~ ' r f t L. ~~ ~T. i ~ ~ ~ Y ` ' v 1 r • a +~ t+ ~~ !y 1! ~ ~~ ,w'~0~ o ~ MERICli~V CITY FO~JE _ ~EE~I~i C-t~ ZONE T~(33 C-C BONE ~ ~oPOO~arr~ euer~wc~ueo: 1 Of 1 ~~ N ~ R1~ l~Y. ~q~011 9A t01s ~w ~„ ~t00 /~eest~ersQ ~_ ~ Mr ~r .~...~~ Mw ply NFi1M he #M~ ~i11 PAGE 32 EXHIBIT A ~ D. Required Findings from Unified Development Code i. REZONE: Upon recommendation from the Commission, the Council shall make a full investi ation and shall, at the ublic hearin review g P g, the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Com rehensive Plan; p The Applicant is proposing to rezone the subj ect property from C-N to C-C. The Cit Council finds that the ro osed ma amen y p p p dment is consistent with the future land use map designation of Commercial for this site. Therefore, the City Council finds the amendment does comply with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the ro osed district s ecificall the u ose st p p ' p Y p rp atement; The City Council finds that the proposed map amendment to the C-C zonin district and develo ment of a convenience stor g p e, fuel sales facility, carwash, quick lube, and future uses as allowed in the C-C district on this property is consistent with the ose statement of the commercial districts in that ' p~ it provides for a wide variety of commercial and multi-family residential opportunities consistent with the comprehensive plan. c. The map amendment shall not be materiall detrimental to the ubli Y p c health, safety, ,and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the ~```~ public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delive of services b an olitical subdivision r ' ' ~ Y Y p p oviding public services wit>un the City inclucUng, but not limited to, school districts; and, The City Council finds that the proposed zonin amendment will no ' . g t result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC i 1-5B-3.E). This finding is not applicable as the applicant is requesting approval of a rezone not annexation. However, as noted previously, the City Council finds the ro osed rezone pis in pp the best interest of the City. 2. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short lit P the decision-making body shall make the following lindings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the ado ted p Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section Vll, o the Sta ~ f f~'Report for more information. PAGE 33 EXHIBIT A b. Public services are available or can be made available a nd are adequate to accommodate the proposed development; The City Council finds that public services are currentl available tot ` See Exhibit B of y he subject property. ~ the Staff Report for more details from ublic service r ' p p oviders.) c. The plat is in conformance with scheduled public im rovements in City's ca ital im rovemen p accord with the p p t program; Because the developer is installing sewer, water, and utilities for the d ' evelopment at their cost, the City Council finds that the subdivisions will not re uire the ex en ' ' im rovement fu q p diture of capital p nds. d. There is pubUc Bnancial capability of su ortin servic develo ment• pp g es for the proposed p The City Council finds there is public financial ca abilit of su o ' ' ro osed develo m p Y pp rung services for the p p pent. e. The development will not be detrimental to the public health safe o and ~ ty r general welfare; The City Council is not aware of any health, safe , or environmen ' tY tai problems associated with the development of this subdivision that would be detrimental to ' the public. ACHD considers road safety issues in their analysis. 3. CONDITIONAL USE PERMIT; ~ The Commission and Council shall review the particular facts and cir proposed conditional use in t cumstances of each erms of the following, and may approve a conditional use permit if they shall end evidence presented at the hearin s is ade uate t ' g~) q o establish; a. That the site is large enough to accommodate the ro osed use a dimensional and dev p p nd meet all the elopment regulations in the district in which the use is located. The City Council finds that if the site is designed accordin to the condi i ' Exhibit B the site g tons of approval in will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the C-C zonin district an ' Standards fo g d the Specific Use r the drive through, fuel sales facility, and vehicle washin facilit . g y b. That the proposed use will be harmonious with the Meridian Com rehe ' in accord with the re p nsive Plan and guirements of this Title. . The City Council finds that the proposed use is harmonious with the ob'e ' ~ coves of the Comprehensive Plan and the UDC. c. That the design, construction, operation and maintenance will be com atible wi uses in the eneral n i p th other g e ghborhood and with the existing or intended character of the general vicinity and that such use wiU not adversely change the essential character of the same area. The City Council finds that the proposed commercial develo ment is com atibl ' uses in the eneral area p p e with other g and will not adversely change the character of the area. EXHIBIT A ~, d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, draina e g structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. ~` The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, the City Council does not believe that the amount generated will be detrimental to the general welfare of the public. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER• 6J PROJECT NUMBER• ITEM TITLE: Approval of 2011-2012 Beer and Wine License Renewals as follows: EI Tenampa Restaurant 9Ob N. Main St. Chronic Tacos 3240 E. Louise MEETING NOTES ~~ CLERKS OFFICE F/NAL ACTION DATE; E•MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Beer, Wine & Liquor License Renewals for 2011-2012 Approval by City Council on May 3rd, 2011 DBA LOCATION _ R/W/~, El Tenampa Restaurant 906 N. Main St. Rest B/W Chronic Tacos 3240 E. Louise Rest B Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER• 7g PROJECT NUMBER• ITEM TITLE: Idaho Power Easy Upgrades Program MEETING NOTES V CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTE S INITIALS ~ ,l R® An IDACORP Company ~~'~ -- i ~lNC S ~~S ~ lticG.Q eOZ~'TYr' April 6, 2011 ~u.d ~ ~ex~o Q-~" ~tt.~c~ ~uco re ~os~s•c.v~ ~c.~ s Eric Jensen ~{S WP iNtio ve -dr cvacv~e~ ~ ~ ~.e ~C, e~~ y City of Meridian ~f~ , ~ 33 E. Broadway /" / Meridian, ID 83642 Dear Eric Jensen: Enclosed is an Easy Upgrades incentive check for your recent energy efficiency project. Application Number: EZ 101936 Business/FacilityNarne: City of Meridian City Hall Address: 33 E. Broadway, Meridian Project Scope: HVAC efficiency Incentive: $1,500.00 We appreciate your efforts to enhance energy efficiency. This incentive payment is our way of saying "Thanks" and reminding you that energy efficiency pays. We were glad to help and hope that you will spread the word. Please share your energy-saving experience and cost-cutting incentive with others. If you want to take advantage of this program again this year or next, we'd be glad to help. Feel free to call your Customer Rep or me anytime. Thanks again, ~-~` ~; 'l~odd Schultz Energy Efficiency Program Leader tschultz@idahopower.com Enclosures cc: Bill Homan, Idaho Power P~. Box 70 (~~707~ 1221 W. Idaho St. Boise, ID 83742 i ' i . ,i rs L~ a" •mV ~ ~a , ~ ~ ~ ,. a ~ ~ ? ~ -0' Q C 0 ~ 0 "~ ~ ~ ~ ~ ~ r 0 n oo ~ 3 ~ ~ ~ ---~ ~~ -~~~ + ~ c -~, ~ ~+ ~~~~~ o,=~~~~ ~ CD ~ <_' ~n f~ ~ vii O -, ~ ~ ~ a ~ ~ ~, .I ~ ~~~~~0 ~ O N ~~~~,~ O ~ ~ ~ ~ G~ ~ ... ~ ~ ~ ~o~~ CO _, ~, ~~. ~ ~3.~~ ~ p ~ ~ ~,• ~; 0 0''4 •Y ~_ t ~ ~ ~, d "~ P'r V r~ < o ~ ~ C ~ ~a+° ~ 'fi ~ ~N~~ ~ r1 in ~ r+ n (p' ~ `+ J N~~O ~ ~ A 3 ~' o ~ Vic, ~ ~D ~ ~ cD n r+ , ~ ~. ~ ~~p `G ~ 'p ~ r+ 0 ~ ~ ~ l '~ 1 ~ ~ ~ lD ~-~ ~ ~ ~ 4 ~ C~ 0~ ; ~ ~ ~ ~ ~ lQ 'II N. . ~,~ ~ ~ ~ ~ ~ ~~ ~. D~~n `~ 3 0 ~ ~~ n ~ ~' ~ n ~~ 'a 3~ ~ ~ ~ to C r~ 0 ,~+ ~ ~ ~~~~~ ~ O c~o3~ ~ A' i ~ ~ ~/ ~'"' ~ O ~ _ 0 ~• ~ " n ~ ~ ~ ~ ~' ~ ~ ~ tD '~ ~ ~ ~. ~` -~.~....r P.O.: ~{~X ~0 - - - ~.1~ HOSPITAL DRIVE . ~~R y . BOISE, IDAHQ 83707 ax T~1ERT, ox ~5~~ Art IDACORP [ampu~y 66-382/412 CHECK NO. 0001385263 VOID ONE YEAR AFTER; DATE 4f CHECK DATE 04/05/ 2011. AMOUNT $1,500.0 Us DoLLaRs PAY EXACTLY One Thousand Five Hundred and N0~ i00 Dollars ~~ ~~~ ~F~IIVER. AnIDACORPCompa~y DATE INVOICE N0. PAYMENT AMOUNT CUR 04/04f2011 EEEZ10193611095 1,500.00 USD PYMT CONIl~IEENTS : Easy Upgrades City Hall ` TOTAL FOR CHECK 0001388263 $1,500.00 oooo~s 0 o a 2 s ~ PLEASE DETACH AND RETAIN BEFORE DEPOSITING CHECK s ,¢{ ~,,:.. Issue Analysis: ^ The City Hall building is LEED certified (Silver Level), but HVAC does not operate with efficiency ^ Utility costs, both gas and electric, have increased dramatically over 2010 ^ Consumption of electrical energy has increased over time ^ Recent energy audit indicates that the City Hall building ranks at l1 percentile as compared to national standards - a rating of 75 percentile is required for a Energy Star rating ^ Energy credits have been given from Idaho Power ^ The City of Meridian's mission, vision, and values strongly supports efficient use of energy resources Project Objective Statement (POS1: Objectives: ^ Meet the requirements of an Energy Star rated facility ^ Drive improvement in operational costs through a reduction in consumption of energy resources ^ Improve the comfort level within the work environment for City employees and general public Schedule: All deliverables completed by December 31, 2012 Major Deliverables: ^ Audit of current system performance (Energy Study) ^ ROI Analysis ^ Action plan for achieving sub-level deliverables ^ Mayor and City Council support ^ Communication plan for employees, stakeholders ^ Documentation of all relevant processes and procedures used Metrics: ^ Improved energy cost management -reduce electrical costs by 15% vs. 3-year moving average ^ Maintain Energy Star rating of 15%ile or greater for > 1 year ^ Improved comfort level for building occupants per survey (BIA) ^ Plan communicated to all City Hall staff as part of training Assumptions: ^ Appropriate engagement of critical partners, stakeholders ^ Resources needed are available throughout the entire project ^ Benchmark is a fixed target Risks and Interdependencies: ^ Lack of on-going commitment by key stakeholders ^ Project priorities change ^ Organization andlor personnel changes Mitigating Strategies: ^ Use of outsource (i.e., ClimaTech, Idaho Power) if resources are constrained ^ Modify schedule to accommodate limiters ^ Supplement resources with Contract Labor Estimated Project Cost: Depends on the ROI analysis. This project is expected to have an energy cost savings of >15°/° based on electrical usage. Milestones: ^ Project launch meeting ^ Building assessmentlaudit ^ Staff training and communication ^ Major processes are defined, developed, and documented ^ SOP documented, approved, and communicated I IIIGG'rGQI ~ayua~n vii iiir~.~uiivii~ ^ Energy Star rating ^ Any available energy credits from Idaho Power are secured ^ All staff are trained on process, system, and expectations Meridian City Council Meeting DATE: May 3, .2011 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Presentation of the 2010 American Council of Engineering Companies (ACEC) of Idaho Engineering Excellence Award to the. City of Meridian for the Reclaimed Water Booster Station MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT Tp AGENCY SENT TO APPLICANT NOTES INITIALS 1998 W. Judith lane Boise, Idaho 83705 Phone (208) 433-1900 Fax (208) 433-1901 www.pharmereng.com April 11, 2011 Mr. Thomas Barry Public Works Director City of Meridian 33 E. Broadway Avenue, Suite 200 Meridian, ID 83642 Re: 2010 ACEC of Idaho Engineering Excellence Awards Dear Tom: Pharmer Engineering is pleased to present you with a plaque of the First Place Award we received from the American Council of Engineering Companies of Idaho. The ACEC of Idaho, representing consulting engineers of Idaho, awarded First Place to the City of Meridian Reclaimed Water BoosterStation in the Environmental Category during its 2010 Idaho Engineering Excellence Awards Competition. Sincerely, .-~~~. o ert D. Pharm r Pharmer Engineering, LLC Encl. Meridian City Council Meeting DATE: Ma 3,.2011 ITEM NUMBER: $ Y PROJECT NUMBER: ITEM TITLE: Items Moved From consent Agenda MEETING NUTES CLERKS OFFICE FINAL ACTION DATE: E•MAIIED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Approval of Agreement with Ada County Highway District and Up-Front Appropriation of Funds for aNot-To-Exceed Amount of $144,875.76 for Construction of the Franklin Road - Touchmark to Five Mile Project MEETING NOTES I~ov2c~ ~ ~ O CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~l ~ - T ~~ ~-e~o~a~~ ,.~;i~E IDIAN~- Public ~ DA H O Works Department T0: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE; April 19, 2011 Mayor Tammy de Weerd Ci~y Coan~ii Member:: Keith bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF AGREEMENT WITH ACHD AND UPFRONT APPROPRIATION OF FUNDS FOR AN AMOUNT NOT TO EXCEED $144,875,7b FOR CONSTRUCTION OF THE FRANKLIN ROAD - TOUCHMARK TO FIVE MILE PROJECT I. RECOMMENDED ACTION A. Move to: 1. Approve the agreement with ACRD for construction of the Franklin Road - Touchmark to Five Mile Proj ect; and 2. Authorize the Mayor to sign the revised agreement; and 3. Authorize the Purchasing Department to disburse construction funds to ACHD for an amount not to exceed $144,875.76. II. DEPARTMENT CONTACT PERSONS Tim Curns, Transportation and Utility Coordinator 489-0342 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION Back rg ound The Ada County Highway District will begin construction of Franklin Road from Touchmark Way to Five Mile Road in the fall of 2011. As part of the construction, a ~ City of Meridian water main will be extended over 1,000 feet through the project area with stubs to neighboring properties. Although this is an ACRD project, it utilizes Federal funds administered through the Idaho Transportation Department. As such, ITD requires the City to have all 1 oft ~~` artici atin funds aid to ACRD rior to the ro'ect biddin .The ro osed p p g p p p J g p p agreement with ACHD then requires any unspent funds be returned to the City upon project close-out. IV. IMPACT A. Strategic Impact: This agreement with ACHD allows the City's work to be constructed at the same time as ACHD's project, thus reducing costs and the overall duration of construction in the roadway. These benefits further the goals of the Public works Department to conduct projects in a fiscally responsible manner and minimize impacts to the traveling public. B. Service/Delivery Impact: This proj ect will facilitate the connection of neighboring properties to City water and makes water available to undeveloped properties. New fire hydrants will be added to increase fire protection. C. FiscalIm~pact: The proj ect cost estimate is as follows: ,r'"'`~ Construction $104,052.00 ACHD Constrl~ction Administration $5,202,60 Share of Traffic Control Costs with ACHD $10,006.68 Contingency 25 614.48 Total Cost; $144,875.76 All Project costs will be paid from the Water Line Extensions budget account (60-3490-96140}. This proj ect was included in the fiscal year 2011 budget. V. ALTERNATIVES Council may choose not to approve the agreement and construction costs; however, this would cause the work contained in the project to be removed from the ACHD project and bid separately at a higher cost. VI. TIME CQNSTRAINTS Council's approval will allow the City's work to be executed with ACHD's project. Construction of the project is anticipated to being this December, with bidding in mid September. VII. LIST OF ATTACHMENTS ,~ A. Agreement with A A roved for Council A enda: ~' ~ 1 ~ ~ pp g Warren Stewart, Engineering Manager Dat 2 of 2 ~~ ~...,.~ ~~ w. ..~.. ~~ ~~ =~ AGREEMENT FOR: '~~ TION (WATER LINE IMPROVEMENTS ~r~ ROADWAY CONSTRUC ='~ ROAD TOUCHMARK WAY TO FIVE MILE ROAD -~ FRANKLIN , _~ ~,~ ACHD PROJECT N0.70204 _~ .~ .~ ... ,.... . '~ made and entered into this ~~ day of ~ , 2011, by THIS AGREEMENT g NTY HIGHWAY DISTRICT, by and thro gh its Board of ~. and between the ADA COU '" fter called DISTRICT, as first party, and the CITY OF ~ Commissioners hereina ~~ ' i al cor oration b and through its Mayor and City Council __~ MERIDIAN, a municp p Y . . ~ ~ `" ~ MERIDIAN as second a ,both parties being a body politic and hereinafter called p ~Y °s~a W v corporate of the State of Idaho, a~a~ WSJ p °'" WITNESSETH mom DIAN desire to undertake a 'oint effort to WHEREAS, the DISTRICT and MERI 1 he tasks and costs of reconstructin Franklin Road from Touchmark Way to Five share t g ' Road includin water installations as detailed in Project Number 102042, Mile g hereinafter referred to as the CONTRACT. WHEREAS the DISTRICT is willing to accommodate MERIDIAN'S request by arran in for installation of otable water pipelines as part of the Project plans so long 9g p as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and ex enses it incurs as a result of additional work attributed to the installation of p the water lines within the Project boundaries, including but not limited to, costs for Chan ed conditions, Ian errors and omissions, and delays attributable to the water line g p design and installation. WHEREAS, the CITY understands the Idaho Transportation Department will be responsible for advertisement of the project and bid opening. NOW THEREFORE, in consideration of the foregoing premises, mutual covenants and a reement herein contained, the parties hereto agree as follows: g 1. DISTRICT SHALL: a. Provide MERIDIAN with a complete set of combined bid documents for the roadwa reconstruction, and for the water line installation work referenced Y herein; b. Provide for the reference and replacement of all pre-existing survey monuments ,,,.~ within the work area; Page 1 of 5 ' testin for the water line facilities from 1-foot c. Provide the trench compaction g . ' sub- rade of the roadway section; trench compaction above the pipe zone to g ' t the minimum fre uency rate of one (1 }test per five testing shall be provided a q , ' er foot of trench de th; provide ail retesting required hundred (500) lineal feet p p ' n area that does not meet CONTRACT requirements; and in a y ' urve and rade control necessary for construction of the d. Provide the fields y g nterline or offsets and stationing shall be established prior to roadway. Ce MERIDIAN staking water lines and service lines. 2. MERIDIAN SHALL: the a res onsible to rovide the inspection, field survey and grade a. Be p rty p p ntrol re uired for the installation of all water facilities installed under the co q . CONTRACT and rovide co ies of appropriate tests and diaries to the District p p Project Representative; b. Provide DISTRICT with the construction plans in the format of the Idaho Trans ortation De artment, stand alone special provisions far inclusion in the p p ... bid acka e, and unit bid quantities for the water facilities to be included in the P g ... bid documents for the CONTRACT (all work required for the water facilities to be erformed in conformance with the latest Edition of the Idaho Standards for ,~ p . . Public Works Construction (ISPWC) and the City of Meridian Supplemental Specifications to the ISPWC); c. Provide DISTRICT, prior to project bid, all funds for which MERIDIAN estimates is necessa for MERIDIAN'S portion of the CONTRACT; should the bid for ry . MERIDIAN'S ortion of the work be greater than the estimate, MERIDIAN shall p„ rovide the additional amount necessary to fully fund MERIDIAN S portion of p the CONTRACT; d. Reimburse the DISTRICT, up to a maximum of five (5) percent of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work re uired solely for the installations, adjustments, relocations, and q ... abandonments of the water and sanitary sewer facilities; e. Reimburse the DISTRICT for mobilization, traffic control, flagging, detours, and weekl meetings on a prorated basis. The prorated basis for the above items Y . will be calculated using the percentage of the MERIDIAN S project costs as they relate to the total project construction costs; ' r the cost of re airin an trench failures attributable to failure of f. Be liable fo p g y water lines within the boundaries identified in the CONTRACT, and be liable for ~~ ' d mni the District for an and all costs and damages resulting from any and in a fy y such trench failure; and Page 2 of 5 »'~`''~ ' ' I costs to DISTRICT attributable to the , Reimburse District for any add~tiona , , , g nd abandonments of the water facilities installations, adjustments, relocations, a , ' from the CONTRACT that are associated or to the removal of any or all items with the installation of water pipelines. THE PARTIES HERETO FURTHER AGREE THAT: 3. MERIDIAN has rovided to DISTRICT up front for a. Any remaining funds that p ' the CONTRACT shall be refunded to MERIDIAN after MERIDIAN S portion of , , ' d an a roved costs in excess of the original project completion an y pp reimbursed to DISTRICT by MERIDIAN, based on work CONTRACT shall be med as determined b field measurements made by acceptably perfor Y MERIDIAN; ' a royal will be re uired for any change order work involving the b. MERIDIANS pp q . , , , ' tions adjustments, relocations, and abandonments of the water facilities, installa j ' ommencement of work b the Contractor, the parties will, together with c. Prior to c Y ontractor ins ect the entire roject for the purpose of reviewing the project the C p p , to locate and note an unstable areas and resolve any items of concern or Y misunderstanding; T is A reement ma not be enlarged, modified, amended or altered except in d. h g Y writing signed by both of the parties hereto; All si natories to this A reement represent and warrant that they have the e. g g ower to execute this A reement and to bind the agency they represent to the p g terms of this Agreement; f. Should either a to this A reement be required to commence legal action p ~Y g .. . a ainst the other to enforce the terms and conditions of this Agreement, the g revailin art shall be entitled to reasonable attorneys fees and costs p 9p Y incurred in said action; An action at law, suit in equity, arbitration or judicial proceeding for the g Y enforcement of this A reement shall be instituted only in the courts of the State g of Idaho, County of Ada; and h. This A reement shall be binding upon and inure to the benefit of the personal g , re resentatives, heirs and assigns of the respective parties hereto. p i. An additional costs incurred by Idaho Transportation Department related to the Y water onion of the ro ect billed to DISTRICT will be reimbursed to DISTRICT p pJ '~ by MERIDIAN. Page 3 of 5 ~'~'` have executed this Agreement on the day IN WITNESS HEREOF, the parties hereto and year herein first written. Page 4 of 5 s-~ STATE OF IDAHO ss. COUNTY OF ADA ) On this ~ 7 ~ day of ~ ~ , 2011, before me, a notary public in and for said state, personally a geared REBECCA W. ARNOLD known to me to be the PRESIDENT of the ADA COUNTY HIGHWAY DISTRICT COMMISSION and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have seal the day and ear first above written. ~,~ ~~, ~~~~~~ ~~rE L ~'~.,, ~~, ~ ~N~~ ~` I~~ .• ~Q • ~- w ~ ~ ~ •~,~- C ~'~, 0 STATE OF ,,, ~~~ } SS. ,.~,~ COUNTY OF ADA } hereunto set m hand and affixed my official Y ~. ~~,`~ ? G`7 ~~~ otary ublic f r JldahQ ' in at ~ j,,~~zt~~~lG~~ ,Idaho Resid g _ ____?_ My commission expires: ~ . y- ?~~i~ f ~a , 2011, before me, the On this day o ' rsanall a eared TAMMY D WEERD and JAYCEE HOLMAN, Mayor undersigned, pe y pp , , . ' res ectivel of MERIDIAN CITY, a municipal corporation, known to me to and City Clerk p y hose names are subscribed to the within instrument, and be the persons w to me that the executed the same for and on behalf of said corporation. acknowledged y WHEREOF I have hereunto set my hand and affixed my official IN WITNESS , seal the day and year first above written. .•'' ~' `' •• 1Vi•'w• ~~ •~ i S'' Y ~` • • ~';' fig' ,~ i •~~~ 1 ~; ~ ~ ~. No ary Public or daho :~''~~" ~;~~~ Residin at ~ t D`. ,Idaho ~ g ~`'~. .-'o ;' M commission expires: ., y ~~~ ~ ....~., ~ ~o~ ., ~,~,. •~~~~~~• Page 5 of 5 Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 9A PRC?JECT NUMBER: TEC 1 ~-002 ITEM TITLE: Pinebridge Subdivision Public Hearing -Two (2j year time extension on thepreliminary plat to obtain the City Engineer's signature on a final plat by BW Meridian, Inc. - S/o E. Fairview, e/o N. Locust Grove, w/o N. Eagle Road and No E. Commercial Street MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED To STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: Legal Department: Memorandum of Understanding to Amend Current Collective Bargaining Agreement between the City of Meridian and I.A.F.F. Local 4627 to Allow Employees to Return to a Former Classification MEETING NOTES n ~ Sri ~i na n,~,,~ r~ 0~~0 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT MEMORANDUM OF UNDERSTANDING TO AMEND CURRENT COLLECTIVE BARGAINING AGREEMENT TO ALLOW EMPLOYEES TO RETURN TO A FORMER CLASSIFICATION This Memorandum of Understanding is entered into this as day of A n ~ , 2011, by and between I.A.F.F Local 4627 ("UNION") and the ity of Meridian ("CITY"). WHEREAS, the UNION and the CITY are parties to a Collective Labor Agreement effective October 1, 2010 -September 30, 2012 ("CLA") covering various terms and conditions of employment of the Firefighter employees of the CITY; and WHEREAS, the UNION and the CITY wish to implement an additional term and condition of employment providing the opportunity for a fulltime employee of the Meridian Fire Department to request a return to a former suppression classification previously held by that employee; NOW, THEREFORE, the UNION and the CITY agree to implement the following procedure, entitled "Return to Former Classification", effective ~. upon the execution of this Memorandum of Understanding: Request to Return to a Former Classification Subject to the following provisions and as set forth below, any fulltime suppression, inspection, or Chief Officer employee (Employee) of the Meridian Fire Department ("MFD") may request to return to a former fulltime suppression classification he/she previously held within MFD or their former department. 1. Eligibility. A. An Employee may request to be returned to a fulltime suppression classification within the MFD from which he/she was promoted: a. If a vacancy at the requested rank exists. OR B. An Employee who has not previously held a fulltime suppression ~~ classification at MFD may request to be moved to a fulltime suppression classification they held at their former department IF all of the following MEMORANDUM OF UNDERSTANDING TO AMEND CURRENT COLLECTIVE BARGAINING AGREEMENT TO ALLOW EMPLOYEES TO RETURN TO A FORMER CLASSIFICATION - 1 ~~, criteria are met: a. 5 years or longer with the department in a rank higher than the suppression classification being requested. b. All minimum qualifications have been met for the suppression classification being requested. c. The employee making the request has completed all necessary testing and has achieved a passing score for the suppression classification being requested. d. A fulltime member at the suppression classification being requested simultaneously accepts a promotion to the higher ranking classification being vacated. When a Chief Officer, having special knowledge of MFD's testing process (including, but not limited to, testing procedures, written and oral board. questions, scenario based assessments, manipulative skills etc.), the Department must hire an external panel to conduct the test. This process may be waived under Article 14 of the current Collective Bargaining Agreement. 2. Process a. Any member requesting a return to a former classification must do so in writing to the Chief or his designee. The written request must: 1. List the former classification requested. 2. List the date promoted to the former classification. 3. List the preferred date to return to the former classification. b. The Chief, after consultation with Local 4627 President, shall approve or deny the request to return to a former classification in writing. c. The Chief or his designee may delay the return to a former classification until there is a vacancy in the requested classification. d. The Chief or his designee may not lay off or demote personnel to create a vacancy for a return to a former classification. e. If two (2) or more requests are made at the same time, preference will be given to any Employee(s) who previously held the requested suppression classification and has greater seniority in the Department. ~ 3. Seniority. When an Employee returns to a former classification, the seniority accrued in the position(s) held prior to the return to former classification shall be combined with the time in grade that was accrued in MEMORANDUM OF UNDERSTANDING TO AMEND CURRENT COLLECTIVE BARGAINING AGREEMENT TO ALLOW EMPLOYEES TO RETURN TO A FORMER CLASSIFICATION - 2 t the former classification. (Date of Hire + Time in Grade) For any employee not previously hired within a suppression classification position but reassigned to a suppression classification position, he/she shall be moved to the bottom of the rank seniority list for the classification being assigned to but will retain years of service since date of hire as a MFD employee as it pertains to department seniority. Examples: 1) A Captain of Suppression with 24 months of seniority since date of hire is promoted to Division Chief of Logistics for 36 months time in grade and then returns to Captain of Suppression. For purposes of Captain of Suppression seniority, the member now has 60 months of accrued seniority; 2) A Driver with 60 months of seniority since date of hire is promoted to a Captain of suppression for 12 months time in grade and then returns to Driver. For purposes of Driver seniority, the member now has 72 months of accrued seniority. DATED AND SIGNED this ~~day of n ~ , 2011. CITY OF MERIDIAN 8,~~ .or Tarq de Weerd, Mayor I.A.F.F. LOCAL 4627 By: rant Hamilton, President v ~ APPROVED BY CITY COUNCIL this ~ day of ATTEST: ~ , ~iEt4li~i;;~,o, ~ ~^ y •- ' ~. ,. ~;. ~~, ~~. ~ ~ ~ ~~ ;~~ ~ - ~' 6 Y' ,~. ... •. ,~ , ,. . o man .~ ~~..~..>>,~ ~w.~ ._ ~ I ~ h~ Cit er ~~~ ~~ Y ~.. ! S" ~ , ~J ~' ~~~r,~,.:. ...., _~~ 2011. MEMORANDUM OF UNDERSTANDING TO AMEND CURRENT COLLECTIVE BARGAINING AGREEMENT TO ALLOW EMPLOYEES TO RETURN TO A FORMER CLASSIFICATION - 3 Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 106 PROJECT NUMBER: ITEM TITLE: Mayor's Office: Update on the Mayor's Task Force for Precious Metals Ordinance MEETING NOTES V CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 11A PROJECT NUMBER: ITEM TITLE: Ordinance No. ~ t ~ ~ ~ ~J : An Ordinance RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C-C (Community Business) Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS /~. -- .--- 1 cs ~'~''~C~rC~~/ ADA GUUNI T ntwmu~n ~nruwpuo~ v. ~u~~~ ~~•~-•••. ._. EOISE IDANO 06104111 11:36 AM DEPUTY Vicki Allen II I I I II I II' ~I'I (I"I'I') ~I~I' II I) I'II RECORDEQ-REQUESIOF 111037072 Ciry of Meridian ~ _. CITY OF MERIDIAN ORDINANCE N0. Y THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA B INANCE 10-OOb SOMERTON SUBDIVISION) FOR THE RE-ZONE OF AN ORD (~ CEL OF LAND LOCATED IN THE NW '/ OF SECTION 20, TOWNSHIP 3 A PAR TH RANGE 1 EAST BOISE MERIDIAN, ADA COUNTY, IDAHO, AS NOR DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS RE VESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND Q DETERMINING THE LAND USE ZONING CLASSIFICATION OF 16.12 ACRES OF LAND FROM THE C-N (NEIGHBORHOOD BUSINESS) ZONING DISTRICT HE C-C CON[MUNITY BUSINESS ZONING DISTRICT IN THE MERIDIAN TOT ( ) CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ,~~, MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: overland 16, LLC. SECTION 2. That the above-described real property is hereby re-zoned from the C-N (Neighborhood Business) zoning district to the C-C (Community Business) zoning district, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of ~~''~``~ the City of Meridian in accordance with this ordinance. RE-ZONE -ANNEXATION - RZ 10-006 SOMERTON SUBDIVISION Page 1 of 3 dinances resolutions, orders or parts thereof in conflict herewith are SECTION 6. All or , hereby repealed, rescinded and annulled. N 7. This ordinance shall be in full force and effect from and after its passage, SECTIO approval and publication, according to law. The Clerk of the Cit of Meridian shall, within ten (10) days following the SECTION 8. Y ' f this ordinance dul file a certified copy of this ordinance and a map prepared in a effective date o ~ Y 'ncludin the lands herein rezoned, with the following officials of the County of dra~sman manner, i g f Idaho to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file Ada, State o , ' eousl a certified co of this ordinance and map with the State Tax Commission of the slmultan y pY State of Idaho. SECTION 9. That ursuant to the affirmative vote of one-half (1 /2) plus one (1) of the p Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be and the same is hereb ,dispensed with, and accordingly, this ordinance shall be in full Y force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ,~ da of ~. 2010. Y . APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~..~ ~_ day of , 2010. ~-~~'' ~ ..,~- l~~~~~i-c~~jt~~ ,~~ ~.,, 'tR~ ~~~ +~ v ~ V N ~~ ~ ~ ATTEST: ~ ~, ~~.- r ~~°~ ~. ~ ~'`~ i .,. ,. ~ ~ '+~ r r r •r ~ K. ,(fib s' v ~w/~~fJJr.T:L~ w w ~' ~' ~ +~• pr y _'' err°. : r..! ~ JAYC L. HOLMAN, CITY CL~ ~ {° ~ ~ ~ ~~ ~~; ~ ,~~, ~~' `~ v '~ ' ., ,1• ~~, de WEERD RE-ZONE -ANNEXATION - RZ 10-006 SOMERTON SUBDIVISION Page 2 of 3 ,~ti STATE OF IDAHO, ss: ~~ County of Ada ) ~~ . ' da of , ~3~; before me, the undersigned, a Notary Public On this ~~, y ' r said State ersonall a eared TAMMY de WEERD and JAYCEE L. HOLMAN, In and fo , p Y Pp e the Ma or and Cit Clerk, respectively, of the City of Meridian, Idaho, and known to me to b y Y he within instrument and acknowledged to me that the City of Meridian executed who executed t the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. w • O~~Y. ~ S,' Y ~'~, : NO ARY PUB I IDAHO (SE ; ~,~ w; ti '; o; RESIDING AT: ~~~ ~ t~ ~ ~ ~ MY COMMISSION EXPIRES: ,~~n , ~~ ~~~~ w,p • .~~, , ~ ~~ s ,~`~, ,~' ~ ~ ~l • RE-ZONE -ANNEXATION - RZ 10-OOb SOMERTON SUBDIVISION Page 3 of 3 ~~HIBIT A Legal Description for Proposed Rezone OctoWx 1, 7A14 DB~iP'tTOH l~"4RM~l~DYlIH Cl'i'ff C~ ~ I~t'~i ~o so~~ror~ av~~tass ~~ic svsD ~ P~~Iocetod inthoHNl y of ~tioo?A~T. 3N~ R il~., B,11d,~Maddiat, ~ Ldeho, npappRhGUlr'1jr described Y follows: G~acu~ ett~v ~ ~ ~~ 1 carnetaf pdd ,.. _. ~ ~~-B~Q~I~G oftt~t ~aaaptloe~, fcom Socdoal6dia3o~r~hOQ'34'I~"We~26S~.S3 ~ thG line of e~~'~ So~-~9°S3'3?" F~ast,39S.39 feed 'rh~a~eSa~ral°46'04" ty5.~3 $oa~ T~eme3outb li'37'33"~t470.a1 fob T~totSo~-16°14'04"B+~t, X16,98 fob '~noe8outh03~9'l3"Sat, 140,31 fcct to n point on the ~u~~t~ofwey of ~ stroeti x daa6 aid ~uthri~ht•of•wey sad thO extansiaa tl~of Saath~'39'33" Wei, X49.95 fNt to spoint as ~ asst Uaa ofNid N9v ~; Thcnoa eloa~s~ddweet lice Nortb 00~34'IS" Fes, 970.53 foettotho R~+PaYN't' 41r . SFGINI`tA~G, Con~tt~ 16,12 +~,, raoro at lees 1~ ~ ~ ~~ ~e.~` REVI AL ~Y QCrt 0 6 ~q MER1DlAN Pl~BI,IC V~~KS oEtn. ioo3ia~oa~~o~a~ EXHIBIT B acr o s M~R1~1AN PUBLIC WORKS a~~r, ~~~ .. • -. • • •~. • 1.•~ MI ~ ~i • r N S r . t ~,'' ~~- ` .. ~ ~- ~` ~ ~ ~~ ~, ~ ~~~~~ ~~ . w ~~ ~, ~wcoac~ sr~ ~ f . 1 ~ r . 1 • • •~ . t 1 f • w~ I' . i • ,~ • ~ • 1 •~~ ~~ ~~ I• 1f~ ~ ~/~ tr 1 ~~ I7_ I~ '""'°°' MERIDIAN CITY REZONE EJ~~lHFERI~'6 °M~'01~ 1001'"0 °M~' C-N ZONE TO C-C ZONE ~~,~~ ~otvrlr~XS ~ , o~ , ~oc+~,~co ~t n~ Nw ,~. of soc,ior~ xo ,oa• ~, ~aJrµr~ ,oo -- - T.3N.. R.1E.._ B~l~i. _..._ hw del l11-CMI fN pOq *11~0111 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. ]A~ (~ - (4 43 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and re-zoning for parcel of land located in the NW '/ of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 1 b.12 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached Exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall b e effective on the ~ day of Imo. . ~.~, ~ .~ . _-- 0 .~ ~ ~, ~ 'fir G q~ ~~ ~~~ FQ ~- ~ It Of r1 1 ,~ ~, ~y Ma or d Cit Council '' ~ °~ '~" Y Y ~ s ~ By: Jaycee L. Holman, City ~ , T ! ~ ~ ~ 0 . ~.~~ ~~ ~~~ ~d . ~ TV , First Reading 5.3 ' o~.p ~~~ Adopted aver first reading by suspension of the Rule as allowed pursuant to Idaho Code So-902: YES NO Second Reading: ---- Third Reading: `'" STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO..~= 11 -1 ~ $' ~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. ~ t - ~ ~ q of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901 A (3}. DATED this ~ day of , 201 . ~~, William. L.M. Nary City Attorney ORDINANCE SUMMARY - RZ 10-006 SOMERTON SUBDIVISION Page 1 Meridian City Council Meeting DATE: May 3, 2011 ITEM NUMBER: 12 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES ~ ,~~`,L CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 3.2011 ITEM NUMBER: 1314 PROJECT NUMBER: ITEM TITLE: ' r Idaho State Code 67-2345 (1 ~ (c~ (f~: (c~ To Conduct Deliberations Executive Session Pe ' N otiations or to Ac uire an Interest in Real Property, Which is not Concerning labor eg q ' nc • and f To Consider and Advise Its Legal .Representatives Owned by a Public Age y, ( } in Pending Litigation MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS