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2011-09-27WE�4 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 27, 2011 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Darrell Taylor of Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Professional Services Agreement with Christine Donnell School of the Arts for Artist in Residence Programming for a Not -to -Exceed Amount of $1,500.00 B. Second Renewal and Addendum to the Lease for Generations Plaza Patio C. Approval of Contract Amendment No. 2 with Safety Enterprise Inc. to Extend the Safety Consulting Services Agreement, for the 2nd of (3) One Year Options for a Not -To -Exceed Amount of $27,600.00 D. Contract Extension for Janitorial Services to Varsity Contractors, Inc for a Not -To -Exceed Amount of $108,579.72 E. Facility Use and Indemnity Agreement Between Schwing Bioset and the City of Meridian for Mobile Bioset Equipment Demonstration at the City of Meridian Wastewater Treatment Plant Meridian City Council Meeting Agenda —Tuesday, September 27, 2011 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Approval of the Community Development Block Grant (CDBG) PY2011 Action Plan Revision G. Resolution No. 11-805: A Resolution Adopting Community Development Block Grant (CDBG) PY2011 Revised Action Plan H. Resolution No. 11-806: A Resolution of the Mayor and City Council Establishing a Mayor Performance Review Committee and Providing an Effective Date. 6. Items Moved From Consent Agenda 7. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update B. Legal Department: Lakeview Golf Club Request for Lease Payment Waiver Approved C. Legal Department: Meridian Entrepreneur Think -Tank Request for Waiver of Certificate of Zoning Compliance (CZC) Fee Approved 8. Action Items A. Public Hearing: TEC 11-002 Medina Drive-Thru by Meridian Gateway Associates Located at 1653 S. Meridian Road Request: Two (2) Year Time Extension on the Conditional Use Permit (CUP 08-021) for a Drive-Thru Establishment Vacated B. Public Hearing: MDA 11-007 Sgroi Property by Nunzio Sgroi Located 4405 E. Ustick Road Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City Approved C. Public Hearing: TEC 11-005 Cavanaugh Subdivision by DBSI Tanana Valley, LLC Located Southeast Corner of S. Meridian Road and E. Victory Road Request: A Two (2) Year Time Extension in Order to Obtain the City Engineer's Signature on a Final Plat Approved D. Public Hearing: MDA 11-008 Spring Creek Ustick (Ashtyn Park)by Douglas Clegg Located 3165 N. Meridian Road Meridian City Council Meeting Agenda —Tuesday, September 27, 2011 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Request: Terminate the Recorded Development Agreement (Inst. #107022433) and the Recorded Addendum (Inst. #110078719) Approved with the Annexation and Modified with the Spring Creek Ustick Project Approved E. Public Hearing: MDA 11-009 Grau Property by Bill Grau Located at 4135 W. Cherry Lane Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City Approved 9. Continued Department Reports A. Mayor's Office: Resolution No. 11-807: A Resolution Re - Appointing Jennifer Pike to Seat 8 and Re -Appointing Daniel Basalone to Seat 9 of the Meridian Development Corporation Approved B. Mayor's Office: Resolution No. 11-808: A Resolution Appointing David Winder to Seat 4 of the Meridian Development Corporation Approved C. Mayor's Office: Resolution No. 11-809: A Resolution Re - Appointing David Fulkerson to Seat 1, Gene Strate to Seat 2 and Kent Mortensen to Seat 3 of the Meridian Impact Fee Advisory Committee Approved D. Police Department Report: Receive Spending Authority for an Office of Justice Assistance Grant (JAG) in the Amount of $27,021.00 - Match Grant Approved E. Police Department Report: Administrative Policy Establishing Leads Online as the Approved Method for Precious Metal Dealers to Transmit Records of Regulated Transactions to Meridian Police Department F. Resolution No. 11-810: Adopting Administrative Policy of the Meridian Police Department Establishing Leads Online as the Approved Method of Transmitting Records of Regulated Transactions to Meridian Police Department Approved G. Public Works: Water Conservation Plan Development (Moved to item 7D) Meridian City Council Meeting Agenda — Tuesday, September 27, 2011 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Public Works/Building & Development Services Department Report: Professional Services Agreement Between Idaho Division of Building Safety and City of Meridian for Electrical Inspection and Plan Review Services (Moved to item 7E) Approved I. Legal Department: Findings of Fact, Conclusions of Law for Approval for MDA 11-005 Walmart-Overland/Stoddard by Walmart Real Estate Business Trust Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan and Certain Sections of the Text of the Agreement in Accord with the Proposed Changes to the Development Plan Approved Changes. Findings will be on agenda for October 4, 2011 10. Ordinances A. Ordinance No. 11-1496: An Ordinance Amending Title 1, Chapter 5, Section 1 of the Meridian City Code, Regarding the Corporate Seal of the City of Meridian Approved 11. Future Meeting Topics 12. Amended onto the agenda at start of meeting: Executive Session Per Idaho State Code 67-2345 (1)(d)(f) —(d) To Consider Records That Are Exempt From Disclosure as Provided In Chapter 3, Title 9, Idaho Code; and (f) To Consider and Advise its Legal Representatives in Pending Litigation Into Executive Session at 8:30 p.m. Out of Executive Session at 8:59 p.m. Adjourned at 8:59 p.m. Meridian City Council Meeting Agenda —Tuesday, September 27, 2011 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop September 27, 2011 A meeting of the Meridian City Council was called to order at 7:08 p.m., Tuesday, September 27, 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, Tracy Basterrechea, Keith Watts, 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 would like to thank you for being patient in waiting for us to get started this evening. First I would like to welcome you to the City Council meeting. For the record it is Tuesday, September 27th. It's 7:08. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our pledge to our flag. If you will, please, rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Darrell Taylor of Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Darrell Taylor. He is with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Taylor: Thank you. Well, Heavenly Father, what a beautiful day you have given us. I know your word says that to rejoice and to be glad in the day that you have given us, but just another good reason to be in the Treasure Valley on such a wonderful day and, Father, we just thank you for that. Father, thank you for the time to come and -- set aside to come and do the business that Meridian needs to get done. Ask for your blessing upon this group, Father. Thank you for the dedicated men and women that look to Meridian to make it a -- such a wonderful place to live and to work and, Father, for those raising children or just being retired, that just a safe place to be in. Father, speaking of safety, we just ask that -- for our armed forces that are overseas, if you Meridian City Council September 27, 2011 Page 2 of 38 would just keep them safe out of harm's way, if you would just bless and strengthen their lives, Father. In all things we look to you for our wisdom and the desire to do right and the strength to get the job done and we just pray this in Jesus' name, amen. De Weerd: Thank you. And thank you for that timely remainder of our men and women in the military. As many of you know, they are returning and they are not returning all at one time, they are kind of coming in -- in small groups, coming back to our towns. This weekend Councilman Rountree and myself and a crew from the fire department attended a neighborhood hometown welcome and it was -- what it did is the neighbor Joan, who had the celebration at her house, she gave us a timely reminder that in our neighborhoods across our city these individuals are returning home and wouldn't it be nice if each of our neighborhoods took a moment to recognize the service of their neighbor and welcome them in the fashion that we saw this individual welcomed this weekend. It was pretty powerful and it was very much appreciated. This was his third deployment, but it is a timely reminder to all of us to be more aware of those men and women that are returning in our neighborhoods and see what role we can play in welcoming them back to the community and thanking them for their service to our community, our state, and our nation. So, I -- I just said that, because you gave us a timely reminder in that moment and it's worth or it's worth noting. So, thank you. De Weerd: Item No. 4 is the adoption of our agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of items we need to move around and add to tonight's agenda. Under the Consent Agenda, 5-G, that is Resolution No. 11-805. 5-H is Resolution No. 11-806. Under Action Items, Item 8-A, staff has requested to vacate this item, as it will be renoticed for the Planning and Zoning Commission meeting of October 20th. Also under Item 9, Continued Department Reports, 9-A is Resolution No. 11-807. 9-B is Resolution No. 11-808. 9-C is Resolution No. 11-809. 9-F is Resolution No. 11-810. 9- G, the Water Conservation Plan presentation by Public Works, we will move that to 7-D under Department Reports. So, that will be heard early -- earlier under Item 7. Same with 9-H, the Public Works Building and Development Services Department Report, professional services agreement between the Idaho Division of Public Safety and City of Meridian for electrical inspection and plan review services will be now 7-E. So, 9-G and 9-H have been moved under Item 7. And under Ordinances, 10-A, that is Ordinance No. 11-1496. And we have some business to finish up in Executive Session, so at the very end of this thing we have an Executive Session under Idaho Code 67- 2345(1)(d) and (f). So, with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. Meridian City Council September 27, 2011 Page 3 of 38 De Weerd: I have a motion and a second to adopt the agenda as stated. Do you want to restate that? Hoaglun: No, ma'am. De Weerd: Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Professional Services Agreement with Christine Donnell School of the Arts for Artist in Residence Programming for a Not -to -Exceed Amount of $1,500.00 B. Second Renewal and Addendum to the Lease for Generations Plaza Patio C. Approval of Contract Amendment No. 2 with Safety Enterprise Inc. to Extend the Safety Consulting Services Agreement, for the 2nd of (3) One Year Options for a Not -To -Exceed Amount of $27,600.00 D. Contract Extension for Janitorial Services to Varsity Contractors, Inc for a Not -To -Exceed Amount of $108,579.72 E. Facility Use and Indemnity Agreement Between Schwing Bioset and the City of Meridian for Mobile Bioset Equipment Demonstration at the City of Meridian Wastewater Treatment Plant F. Approval of the Community Development Block Grant (CDBG) PY2011 Action Plan Revision G. Resolution No. 11-805: A Resolution Adopting Community Development Block Grant (CDBG) PY2011 Revised Action Plan H. Resolution No. 11-806: A Resolution of the Mayor and City Council Establishing a Mayor Performance Review Committee and Providing an Effective Date. De Weerd: Item 5, Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun: Meridian City Council September 27, 2011 Page 4 of 38 Hoaglun: Items under Consent Agenda to note. 5-G is Resolution No. 11-805 and 5-H is Resolution No. 11-806. With that, Madam Mayor, I move approval of the Consent Agenda and Mayor to sign and Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion by Council, seeing none, Madam Clerk roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALLAYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: So, we will move right into our Department Reports. Tonight we are kicked off by the first Mayor's Youth Council report of the year. So, our chair Janelle, come on forward. Welcome. J.de Weerd: Madam Mayor, Members of the City Council. Thank you for having me. This year has already started off on a very strong and great start. At both meetings we had about 60 to 70 members and that is awesome, especially -- usually we see a big drop off between the first and second meeting, so keeping strong throughout the second, adding onto that we have had I believe seven was the last number I heard for applications on youth on commissions, which pretty much might be a record, so I think we are going to have a very strong youth council this year. A lot of involvement. There were 30 volunteers at the community block party, once again, large number, much better than last year. So, I have a lot of faith in this year's council. We are looking forward to participating in Rake Up Meridian. Always something that we have a lot of fun and it's just a great way to give back, as all of you guys know. TAC or Teen Activities Council's first event will be their annual Halloween party and it's on October 29th. We are looking forward to all those awesome costumes that our advisors always dress in, including Luke especially. We are looking forward to a really great year ahead. A few of the youth council members, including myself, Eli Nary, Jen Walker, and Nick -- De Weerd: Ray. Meridian City Council September 27, 2011 Page 5 of 38 Ray: -- Ray, we will be attending the Text -- Driving While Texting Youth Summit in Virginia. There will be learning keys and just effective ways in bringing the education and, hopefully, enforcement on a statewide level back to the council this year, something I am definitely passionate about and look forward to working on again this year in the council. I want to thank all of you guys. I can never thank you enough for all the support and appreciation you give us. Without you we literally would not be a council, so we really love you guys and we are blessed to have a city council as driven for youth accomplishment as you guys are, so I would like to thank you. And if you guys have any questions for me. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Janelle, you mentioned the numbers that have shown up. Is that also a record? J.de Weerd: Yes, Rountree: Okay. Great J.de Weerd: Well, I know at the last -- last year's first meeting we had a large turn out, but not as much anticipation to volunteer and contribute to the council. So, there might have been more in numbers, but this year we have more ambitious members, in my opinion. Rountree: Thank you for all you do and for taking on the responsibility of kind of keeping it going this year. J.de Weerd: Thank you. De Weerd: I would also like to thank Councilman Zaremba and Councilman Bird for attending the first meeting and notably there were more parents that attended at that meeting as well. So, that was nice to see. J. de Weerd: Yeah. It's important. De Weerd: So -- and I'm sure that staff member you were reporting was Winnie the Pooh. Pooh Bear. Luke, you make a great Pooh Bear. So, keep it up. Just had to point that out. If Steve didn't put it in his next Powerpoint slides. Okay. Any other questions from Council? Bird: Just thank you Meridian City Council September 27, 2011 Page 6 of 38 De Weerd: Yeah. And I share Janelle's optimism. We have a very committed group, even the executive council even going into the new year, we would have attendance issues right off the bat and it looks positive. We had good summer participation, they had had a good planning session, so they are encouraging. J.de Weerd: Also we have an at large representative spot for a spot on executive council and we have had a ton of nominations, so everyone is really looking for that larger role in MYAC. De Weerd: Yeah. Well, thank you and appreciate you being here with us tonight. J.de Weerd: Thank you. B. Legal Department: Lakeview Golf Club Request for Lease Payment Waiver De Weerd: Okay. Item 7-B under our Legal Department -- actually, the next two are under Legal, so I would turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Get my notes. I'm sorry. Madam Mayor, Members of the Council, the first item in front of you is Lake View Golf Club. In their lease agreement with the city annually they have the opportunity to come and request relief from the City Council for the lease payment for the operations of the golf course. Mr. Oaas is here tonight to discuss that request and I will turn it over to him. De Weerd: Thank you. Welcome, Eric. Oaas: Madam Mayor, City Council, Attorney Bill Nary. Thank you for the introduction. De Weerd: If you will state your name for the record. Oaas: Eric Oaas. De Weerd: Thank you. Oaas: 523 West Front, Boise. And I -- first of all, I just want to thank the Mayor and City Council for all the support that you have given to us at the golf course this year. We have -- I have been very pleased to note that Councilman Rountree and Madam Mayor have attended the golf course focus group meetings that we have and I have to say that I was probably a little bit reluctant with regard to -- De Weerd: Not a little bit. Meridian City Council September 27, 2011 Page 7 of 38 Oaas: All right. A lot. But I'm very -- very pleased with the way -- the way that group has come together. I think it's been extremely productive and from my perspective it's -- it really has helped us focus on some of those areas that we may have overlooked in the past and -- and to me I think it's worked very well. Secondly, the golf course this year has continued to I think make progress in a number of areas. Continued to pay down debt, continued to clean up its equipment leases and a lot of the legacy issues that I think we talked about last year with regard to, you know, former management of the -- of the golf course. From a financial perspective the gold course is not -- I wouldn't say it is extremely fluid and liquid, but it's -- it's making good progress as I said in debt payments and -- and equipment leases and getting things cleaned up from the past. With -- with that in mind I guess the other thing that I would mention is that the operation itself of the golf course, from my perspective, is going on extremely well. The Raven Management Services team has done an outstanding job and the -- the course itself I believe is in excellent condition and, you know, from our perspective we are real real pleased with where things are at. With that in mind I'm here to respectfully request a waiver of the lease payment obligation to the City of Meridian this year. Hopefully, this will be the last year, but it's been a difficult -- difficult economy and we think we are struggling -- struggling our way through it, but -- but getting through it in good form. With that I would answer any questions from Madam Mayor or Councilmen. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Eric, typically when we get these requests it comes along with an outline of what you have accomplished and as we went into this year there were certain commitments you made in terms of cart availability and some improvements and whatnot on the golf course. What's the status of that list in terms of accomplishments? Oaas: Councilman Rountree, we are pleased to report that -- that all items on the list from a commitment standpoint have been addressed and from my perspective -- I don't have that list right here in front of me, I should have it, but I -- I do not, but from my perspective everything that the golf course has committed to, you know, by way of capital improvements and operations have been complied with, including the -- the number of carts available for patrons. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I remember the list correctly, one of the items also related to payments to Nampa -Meridian Irrigation District. How are those going? Meridian City Council September 27, 2011 Page 8 of 38 Oaas: Councilman Zaremba, thank you for the question. We -- as you know, we got seriously behind in our irrigation payments to the city. I guess I'm here to report that we have made -- we have made major progress toward getting the past obligations cleaned up. We have a proposal that we have made to -- to the city that would bring those payments completely current by -- probably by the mid part of next year, including the the lease or the irrigation payment obligation that will come out in November. Zaremba: Thank you. De Weerd: Okay. Any other questions from Council? Hoaglun: I have none, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question that's not necessarily related to this, but the most recent minor improvement -- at least to one side of the access into the golf course I am assuming you have witnessed that and you are going to be taking that on in terms of overseeing it, but the -- it's a partnership between the city and the neighbors and they are going to be maintaining it. Is it to your liking? Is it showing some benefit and are you willing, possibly, to participate to some degree in a partnership to get the other side done as the city has committed and want to move forward with? Oaas: Councilman Rountree, we are very pleased to be part of that beautification project and the Ashford Greens neighborhood has provided in partnership with the city. We at the golf course have -- other than providing our -- our consent, you know, have not shared any financial commitment on that piece and we are extremely pleased to see it happen and we very much would like to participate in the other side of it. Probably it's going to be probably not possible this year, but next year we would very seriously like to take a look at that. De Weerd: Well, certainly as you bring back the report that Councilman Rountree was asking for, I think it's going to be important to note Ashford Greens came forward to request the improvement to be done and also volunteered a long term maintenance commitment to it. The planting of the trees that was coordinated through our Parks Department with help of Boy Scouts, the extremely generous donation of Jakkers was a huge improvement and -- and the men and women's golf association stepping forward and being part of the cart paths, that improvement has been extremely valuable and I think is a big success. Those -- those at least indicate an interest in reaching out and working more with your neighbors and that is appreciated. Certainly Mr. Borton, your involvement on -- on the focus group is -- is appreciated. We have seen improvements not only to the golf course, but I think relationships are starting to improve and I think you're getting better dialogue and feedback as people feel more comfortable with it. But Meridian City Council September 27, 2011 Page 9 of 38 1 was very impressed the way the golf community stepped forward and said this is our golf course and we want to be proud of it, we want to be able to invite our friends to it and they stepped up and partnered. I think that's what it's all about. So, make sure those things are also in your report. Oaas: Absolutely. And one final item that I think this brings to mind is that the golf course hosted the state junior golf championship this year and, Madam Mayor, we appreciated your participation. But the golf course showed extremely well. The championship went -- went flawlessly, the course was in great shape, it just -- it just could not have turned out any better and we owe a large debt of gratitude to the staff that pulled all this together, as well the golf associations that made it such a success, so thank you. De Weerd: Thank you. And, Mr. Rountree, I would like to extend our appreciation for your involvement and Mr. Siddoway, our parks director and his staff as well. It's -- it's firming up to be a good partnership and as we work to finalize the rest of these commitments and see how we can best move forward I think will be of great benefit to our entire community. Oaas: Very good. Rountree: Thank you, Mayor, but I think it's been the directness of the participants focus group that have gotten things done and Jim and Jim I appreciate your comments and Eric, as the Mayor indicated, I know you went into this with a great amount of trepidation and I think it's working. We are talking. Not everything is getting done at once, but things are getting done. I'm pleased with some of the things that have been -- all of the things that have been done. There are some outstanding issues that need to be resolved and I think we can get those taken care of and I will be talking to the city attorney about some of the weed issues on some of the irrigation facilities that should be being maintained by Nampa -Meridian Irrigation, but I think the focus group has done a good effort. Last question for you. Have you found a value with the newsletter? I have seen several of those. They seem pretty informative and I don't know how well they are going over with the folks that use the golf course, but it seems like it was a pretty good vehicle. Oaas: Councilman Rountree, yes, from our perspective it turned out to be an excellent vehicle and -- and it's -- it's sort of taken a little while to -- you know, to take hold and for people to pay attention to, but -- but, honestly, you know, it has really proved to be a very valuable tool. We are certainly planning to keep it moving forward and I -- you know, can't -- I honestly can't thank the Raven Management Services folks enough. They really understand the true meaning of customer service and I think they have -- you know, they have just done a tremendous job. Jerry Breaux in particular is -- he's just an incredible ambassador. Meridian City Council September 27, 2011 Page 10 of 38 De Weerd: Well, I think Jerry Breaux and Clint and the entire crew -- I was impressed that they were all out during the open house, on tree placement and that actually went pretty well. I heard from many of the residents out there, they appreciated having an opportunity for that kind of input and it's not like that opportunity has been offered them and so that -- that went a long way as well. Mr. Borton, do you have any comments? No. Any others? Okay. Mr. Shane. Shane: Related to this topic -- De Weerd: Yes. Shane: My name is Jim Shane. I live at 4153 West Harbor Point Drive. My property is on the golf course. Last year about this time a lot of the different players and participants put together a variety of events to generate some funds that were donated to the operation of the golf course to help get the cart path repaired and to be used for other functions. We were told at that time that we would eventually see a breakdown of how those monies were spent and what other projects were -- the money was spent on. To date I have tried to stay in the loop, but I have not seen that, I'm wondering what level of transparency sort of following on what Councilman Rountree has been talking about about what things that are being done and what we will be allowed to see, what things -- I understand that there is a private business here and that there is certain parts of his business that aren't public knowledge, but there are some things about what's going on at the golf course that maybe the people that live there could know a little bit about where the money went that we generated. So, I would just put that before you and I'd like to see that be one of the reports that ultimately get out to the public some way. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Madam Mayor, it was my understanding that that was done. If it hasn't been done I would suggest that that accounting be put in their next newsletter. Actually, Jim Correa has a breakdown of all of that and has provided it to the city, so it's right there in the hands of the golf course. Oaas: I would recommend -- I think putting it in the next newsletter I think is an excellent idea. Rountree: And, Jim, I -- again thank you to all the folks that put those tournaments and stuff together. They did raise the funds to do a good share of the work that was done out there and it was matched somewhat by the city and we have got a little material gathered up and piled over there in a parking lot for them that we use and I think it turned out to be a pretty good effort and partnership on everybody's part. Meridian City Council September 27, 2011 Page 11 of 38 Shane: Well, to echo the Mayor's statement, I think players and participants have all jumped in and said, yes, this is our golf course and we want to see it develop and everybody put a lot of effort in to try to support the work that Eric's done and everybody understands that the economy is bad, but we'd sort of like to see -- he's asking to not have to pay anything after we put this effort in, you know, where the money came from, that the developments were paid for by this year and what's coming out of the resources of the golf course and, you know, who all is in this and who all is really got skin in the game, I guess. De Weerd: I appreciate that and we were under the impression that that information was out there and -- and if it was put in the golf course newsletter, which now that I receive it I have found it very beneficial as well, just knowing what's going on out there. But we can get that posted in the newsletter and that can get out to -- Shane: An ongoing report or some sort of general -- I mean I don't know what we are allowed to know or what we can be privy to, but as the development is going on be made aware of what's happening. De Weerd: And certainly Mr. Borton, as our focus -- our focus member, you can bring stuff to him, too, that will bring it to that group on what you would like to see in the newsletter. Shane: Okay. De Weerd: So, thank you for being here. Oaas: Madam Mayor, I'm quite positive that that was all communicated back to the association, but I think getting it in the newsletter is an excellent idea. So, we will make sure that that gets in the very next newsletter, a full report of those funds collected and what they were spent on. De Weerd: And the activities that you have had. I know the tree planting was part of one of the newsletters that -- you know, again making it more available to what's going on. Oaas: Uh-huh. De Weerd: Okay. Oaas: Absolutely. De Weerd: Anything else from Council? Okay. Thank you for being here. Oaas: Thank you. Thank you, Madam Mayor and City Council. Meridian City Council September 27, 2011 Page 12 of 38 De Weerd: Thank you. Council, you do have a request in front of you. Rountree: I will make a motion to approve the request for releasing the -- or waiving the lease payment for this past fiscal year. Bird: Second. De Weerd: Okay. I have a motion and a second and I assume that's also with the assumption that we do get the report that accompanies that. Okay? Rountree: Yes. De Weerd: Any discussion? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Do we need to quantify for the record how much money that is? Rountree: It says 6,000 dollars per year. Bird: Second agrees. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Quick question on the issue of irrigation taxes that we will be making payments. Do we want to have -- and that might be something separate, but something signed that says payments will be made of this amount on these dates or months or different things like that as part of this deal or is that something that the legal department can take care of on their own? De Weerd: I think the Legal Department can make that as an amendment. Nary: Yes. Hoaglun: Okay. Thank you. De Weerd: Okay. Any further discussion? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All eyes. Motion carried. Meridian City Council September 27, 2011 Page 13 of 38 MOTION CARRIED: ALL AYES. C. Legal Department: Meridian Entrepreneur Think -Tank Request for Waiver of Certificate of Zoning Compliance (CZC) Fee De Weerd: Okay. Item No. 7-C is also our Legal Department. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. The next item is the tenant in the former City Hall facility, the Meridian Entrepreneurial Think Tank, has requested a waiver of the fee for certificate of zoning compliance that was required as part of their moving in and doing their improvements of the building, they are required to have a certificate of zoning compliance and there is a fee associated with that. They were -- I think it's 453 dollars. They are requesting a waiver of that fee. Mrs. Larsen, the tenant, is here to answer any questions about that. De Weerd: Thank you. Good evening. Thank you for joining us, Julie. Larsen: Thank you. De Weerd: If you will, please, state your name and address. Larsen: My name is Julie Larsen. 3000 Sugar Cane Drive, Nampa, Idaho. 83687 De Weerd: Thank you. Larsen: Madam Mayor, Members of the Council, we are just thrilled to be in the building, to have the space where we are creating for entrepreneurs an opportunity to grow and collaborate collectively together and to be participating in this community. So those of you who were able to attend our grand opening on the 9th, I received several messages that -- from business members in the Meridian community who said they were really pleased to see the facility full of businesses, people talking about business and sharing information and stories and learnings and experiences and for this to have happened all in a period of five months from the time that it was first thought about as a vision and until we were actually open for business has been quite a feat and there has been some, you know, financial cost that we have incurred that were not anticipated in our initial boot strap start up budget and that's why we are here requesting a waiver of the CZC fees. De Weerd: Okay. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council September 27, 2011 Page 14 of 38 Zaremba: I would just comment that I had an opportunity to make it to the open house and I, too, was very pleased with how full it was of start up and entrepreneurial businesses and I think that's really cool, so -- Larsen: Thank you. Zaremba: And I would support waiving that fee. De Weerd: And it really appears that many of those were home based businesses that wouldn't otherwise be -- Larsen: Over 80 percent. De Weerd: Eighty percent? Okay. Larsen: Over 80 percent of our businesses that have come into the co-op are coming out from their homes, such as myself, and we have an artist that's come out of her home for the very first time of having a business. So, it's very exciting. De Weerd: Yes. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Julie, what -- what kind of numbers are we talking about as far as occupancy? How many different businesses are in there? Larsen: Well, the total that we would ultimately have would be 15. Right now we have 13 resident members and we have three nonresident members. So, they will be utilizing the shared space. Rountree: Just about full, then? Larsen: Yeah. Two spots left. Rountree: Great. De Weerd: Okay. Any other questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the waiver of the 453 dollars CZC fee for -- Meridian City Council September 27, 2011 Page 15 of 38 Zaremba: Second. Bird: -- the Think Tank. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Larsen: Thank you, Madam Mayor, Members of the Council. D. Public Works: Water Conservation Plan Development De Weerd: Okay. Under Action Items -- oh, I'm sorry. We had two additions to our Department Reports. The new 7-D is the Item 9-G, which is Public Works Water Conservation Plan Development. I'll turn this over to Kyle. Radek: Madam Mayor, Council Members, thank you. About ten months ago I presented a department report to solicit your guidance on developing the city's first formal water conservation plan through a public working group and tonight I would like to just briefly give you an update on how that effort has gone and discuss next steps for a draft plan. I -- with the help of Mollie Mangerich and Shelley Houston, I brought together 14 people, not including myself, to serve on the working group. We had three city staff, four business members, and, then, residents -- two were members of Idaho Rivers United. We had a teacher. A homeowners association officer. A plumber. A civil engineer. An energy efficiency expert. So, we had a fairly well rounded group of people with diverse backgrounds that could discuss water conservation issues and the group had three main objectives, which was -- which were to identify goals for the water conservation plan, identify objectives for the water conservation plan, and examine potential conservation actions and recommend appropriate ones in the plan. And after several meetings with very good participation and discussion, the group covered enough ground to be able to draft the current plan, which has been provided for your review. So, tonight I would just like to accomplish three things. First, I would like to get the working group members that could come an opportunity to speak to Council about the effort and their concept of water conservation and the -- and how the effort went. And we happen to just have two working group members. I guess we had very good participation in the working group itself, but I had most of the meetings this spring and the weather was a lot worse outside than it is now, so -- so hard to get people to come Meridian City Council September 27, 2011 Page 16 of 38 tonight. But we have two in the audience tonight, so that's first. And, then, second I would like to entertain any questions or comments that Council has for me or for the working group members that are present. And, then, lastly, I'd like to seek Council's input on one of the ideas that came from the group, which is having some kind of public outreach effort for this plan before we come back and ask Council to consider it for adoption. So, we have two working group members in the audience. One is Andy Roman and one is Mollie Mangerich, who is our staff and, Andy, you indicated that you might want to come up and say a couple words. De Weerd: Thank you for being with us tonight. Roman: Oh, you're very welcome. Madam Mayor, Council. My name is Andy Roman. 4146 North Bryce Canyon Avenue in Meridian. And, first of all, I want to really commend Kyle in how he assembled this working group, who really had a tremendous input into this plan. Not all of it was adopted. Granted that. But there was a lot of discussion. But there was a lot of very valuable input and the cross-section of the working group was residents like myself and business owners and people from even outside both Meridian and the business area, who had input into this plan. Granted, the plan is a first step, it's a draft, but I think in merits review and looking at -- and like Kyle said, I think it could go out for public comment or discussion before it is adopted, but I really want to say that I was impressed -- duly impressed with the quality, expertise and dedication of the people who participated in it and especially the City of Meridian folks who dedicated their time on top of all their other duties and responsibilities, to participate and for Kyle especially for driving this and I think it's a -- it took a lot of work, but I think it's a very valuable first step and I think that the City of Meridian will be one of the first cities in Idaho who will have a very viable conservation plan. So, thank you very much, Madam Mayor and Council Members, and thank you Kyle. Radek: Thanks, Andy. I'll get you your check when we -- Roman: Okay. Thanks. De Weerd: You know, I'm glad you said that, because I was going to ask. That had to be too good to be true. Roman: Madam Mayor or Council, do you have any questions for me? Bird: I have none. De Weerd: Council, any questions? Rountree: Madam Mayor, just a big thank you to you, Andy, and all the other folks that participated. It sounds like it was a -- a very worthwhile endeavor. From what I read in the plan it appears that your endeavor is -- resonates with me. I think you have done an excellent job of that first step and maybe the second step as well. Appreciate your Meridian City Council September 27, 2011 Page 17 of 38 comment about getting it out for public review. I think that from what I see it's ready for public exposure and I think it's ready for us to take that into consideration and act on it afterwards. So, again, thank you to all of the group. Well participated. De Weerd: Thank you, Andy, for your service Radek: Thank you, Andy. And I'll pass your comments along to the -- by e-mail to the group members that didn't come tonight. Mollie, you want to just stay back there and -- okay. Hard to follow that from Andy and I only have like five bucks anyway. So, I know that, you know, Council has had the plans for a few days anyway. I don't know if you -- if all of you had the chance to read it, but are there any general questions or questions about the effort? If not, I would like to entertain your comments about what we would envision as maybe putting it out on the website for a few weeks and scheduling a public meeting and seeing what -- what the community has to say about it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, I think that's a very very good idea. I think it's ready for the public to look at and if there is some comments we need to have them back before we draft it. Very nice work done, Kyle. And it's so nice to have you at the Council meeting again. Radek: It's been awhile I guess Bird: Yeah. De Weerd: You definitely add a whole new view on it. I would ask that maybe we put together a plan on how to get it out for public comment and getting the knowledge out there that it is available for public comment. Perhaps we can come back next week with a plan for Council on how to -- what those next steps would be. So, certainly our office would love to help in that endeavor and see how we can make sure people know it's out there and have every opportunity to comment. Radek: Thank you very much, Madam Mayor. And we will come back with a -- something in writing for you to and see for outreach. De Weerd: Okay. Excellent. Thank you for being here. Radek: Thank you. Rountree: Thanks, Kyle. E. Public Works/Building & Development Services Department Report: Professional Services Agreement Between Idaho Meridian City Council September 27, 2011 Page 18 of 38 Division of Building Safety and City of Meridian for Electrical Inspection and Plan Review Services De Weerd: Okay. Our next item is Item H -- or it's removed from 9-H into 7-E and I will ask Bruce to introduce this item. Freckleton: Thank you, Madam Mayor, Members of the Council. That's a tough act to follow there, but we will do our best. Before you tonight is the -- the contract that we have negotiated between the City of Meridian and the Idaho State Division of Building Safety for the provision of electrical plan review and inspection services. Did want to mention that Kelly -- or, excuse me, Kirk Weiskircher, who is the financial manager for DBS, is here tonight in case any questions come up. He just wanted to be here to -- to be available if any questions came up. So, this contract that you have before you is based on the same terms and conditions that the past contract we had with Harold's Electric provided. We were able to reach an agreement on the compensation terms. They are identical to what we had with Harold's Electric. We feel like this is a very good contract that we have negotiated and with that we would stand for any questions you might have. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would only comment -- thank you for your work and DBS's apparently support in that as well. I think this is an excellent working out. I would just follow up on three weeks ago, four weeks ago, a month or so ago when you notified us that the contracts were all being reviewed, there was an issue at the time about the compensation and I'm pleased to hear that we have now resolved that for a year, but I do think it's fair during that year to be prepared to consider whether there might need to be a change at the end of that year and to get ahead of the curve in whatever public hearings we would need to hold about that. But I'm thrilled that it has worked out, but I'm assuming this is not the end of it. But thank you. Freckleton: Appreciate that. We do plan on probably March, April time frame we are going to be preparing the RFPs that we discussed for all five trades. So, we will be having several more discussions with you in the future. De Weerd: Oh, good. And appreciate the willingness of DBS to step up and be a partner with the city. Meridian City Council September 27, 2011 Page 19 of 38 Freckleton: Thank you, Madam Mayor. De Weerd: Okay. Council? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Understand this is a professional services agreement that we need to approve next; am I correct on that? De Weerd: Yeah. Hoaglun: Is it on there? Yeah. Okay. Madam Mayor, I would move approval of the professional services agreement between the Idaho Division of Building Safety and the City of Meridian for electrical inspection and plan review services for the coming year. Zaremba: Second. De Weerd: I have a motion and a second. Do I have any discussion? Madam Clerk, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All eyes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you so much, Bruce. Freckleton: Thank you. Item 8: Action Items A. Public Hearing: TEC 11-002 Medina Drive-Thru by Meridian Gateway Associates Located at 1653 S. Meridian Road Request: Two (2) Year Time Extension on the Conditional Use Permit (CUP 08-021) for a Drive-Thru Establishment De Weerd: Okay. Under Item 8-A the staff has requested to vacate this item, as it has been renoticed for the Planning and Zoning Commission on October 20th, 2011. So, Mr. Nary, I do need an official -- I do need a motion to vacate? Nary: Yes, ma'am. Meridian City Council September 27, 2011 Page 20 of 38 De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we vacate TEC 11-002. Hoaglun: Second. De Weerd: I have a motion and a second to vacate Item 8-A. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: MDA 11-007 Sgroi Property by Nunzio Sgroi Located 4405 E. Ustick Road Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City De Weerd: Item 8-13 is a public hearing on MDA 11-007. 1 will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Since Kyle segued into conservation, I am here to discuss con -- con -- conservation with you this evening. Sorry I couldn't get that out. If you recall the director came before you back in the spring with some projects that she presented to you that applicants did not complete and did not sign their development agreements and officially annex into the city. Mr. Sgroi was one of those folks. He initiated -- he responded to the director at the time and said that he still was -- wanted to develop in the city, yet he would not -- at the time he wasn't ready to sign the development agreement. So, this property now as it sits is right on the fringe of the city boundary. It's located 3405 East Ustick Road and with the annexation of that property City Council did approve a concept plan and some conceptual elevations. The applicant is currently actively trying to market this for an assisted living facility and he does want to sign the development agreement until such time as he has a buyer for the property. So, before you this evening the applicant is requesting you grant them a two year extension to sign that DA. To staff's knowledge there are no outstanding issues before you this evening and with that I would be happy to answer any questions you may have regarding this project. De Weerd: Thank you, Bill. Council, any questions for staff? Meridian City Council September 27, 2011 Page 21 of 38 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Am I understanding that we actually did annex it before the development agreement was signed? I thought we didn't do that. Parsons: Madam Mayor, President Zaremba, Council Members, we have not officially annexed yet until he signs the DA. So, particularly this part of the approval of the annexation, meaning during this public hearing, these concept plans and these elevations, if -- if he moves forward two years from now and signs the DA, these are the concept plans and these elevations would be part of that DA. Zaremba: Okay. So, the annexation is on hold. Parsons: That is correct. Zaremba: Along with this request for the extension. Parsons: Correct. Zaremba: Thank you. De Weerd: Okay. Would the applicant like to say anything? Okay. Council? Is there any members of the public who would like to comment? Okay. Seeing no comment, do I have a motion to close this public hearing, unless Council desires more information. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item 8-B. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council September 27, 2011 Page 22 of 38 Rountree: I move that we approve the request for a two year time extension for MDA 11-007. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 8-B. Council, any discussion? Bird: I have none. De Weerd: Hearing none, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: TEC 11-005 Cavanaugh Subdivision by DBSI Tanana Valley, LLC Located Southeast Corner of S. Meridian Road and E. Victory Road Request: A Two (2) Year Time Extension in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 8-C is a public hearing on TEC 11-005. 1 will open this staff -- or this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next project before you is a preliminary plat time extension. The site consists of 177 acres. It's currently zoned CA TN -C, TN -R, and R-8. The property is situated on the southeast corner of Meridian Road and Victory Road. This is the third time extension requested by the applicant. On your hearing outline staff has outlined some additional conditions that were required with the previous time extensions. The applicant has complied with some of those and some of those they haven't, but they have been conditioned to comply with them when they final plat the property. Again staff -- well, the applicant has requested a two years time extension in order to continue processing the plat and with that staff is not aware of any outstanding issues before you this evening and with that I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. De Weerd: Does the applicant have any comments? Welcome Meridian City Council September 27, 2011 Page 23 of 38 Forrey: Madam Mayor, thank you. And Members of the Council. My name is Wayne Forrey. I reside at 1952 South Wild Creek Way, Boise, Idaho. 83709. De Weerd: Thank you Forrey: I just -- well, of course, we hope this time extension is approved, but I would feel bad if I went home and my wife said how was the Council meeting and I gave her this really nice report about how positive everything is here and starting with that young lady that came up and talked about the youth and, then, the Department Reports and I'm just sitting there in awe of how things are just clicking along so positive and my wife would say, well, did you tell that to the City Council and if I didn't I would be in trouble. So, I just want to say I'm just really impressed with the energy level and enthusiasm, the volunteerism and everyone that's come up tonight has just been really working in the neighborhood level and youth level, golf, everything. I just -- I think that's pretty neat for the City of Meridian to have that kind of energy level when the economy is not too good right now, but you're making the best of it. Be happy to answer any questions about this time extension. De Weerd: Thank you. I appreciate that and in particular from someone who used to be so involved in this community and even on the other side of the microphone. Council, any questions for the applicant? Bird: I have none Rountree: I have none De Weerd: Okay. Zaremba: Madam Mayor, I just would I guess return the compliment in that I have -- it's been some time now, but I remember many of the details of this project and I have -- my assumption is that it's going to be a great addition to Meridian and I appreciate your request for the time extension, because it signals us that you have not given up on it yet. Forrey: We have not. Zaremba: And I really appreciate that. Forrey: Thank you, Councilman Zaremba. We have a strong development and we want to see it finished. De Weerd: We'd like to see that dream realized. Certainly that -- that nice community center put in, so -- Forrey: Absolutely. Meridian City Council September 27, 2011 Page 24 of 38 De Weerd: -- thank you for being here. Forrey: Thank you. De Weerd: Okay. This item is a public hearing and open for any public comment. Is there anyone who would like to provide comment? Okay. Council. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item 8-C. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for a two year time extension to obtain engineering signature on the final plat for TEC 11-005. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you for being here. MOTION CARRIED: ALL AYES. D. Public Hearing: MDA 11-008 Spring Creek Ustick (Ashtyn Park)by Douglas Clegg Located 3165 N. Meridian Road Request: Terminate the Recorded Development Agreement (Inst. #107022433) and the Recorded Addendum (Inst. #110078719) Approved with the Annexation and Modified with the Spring Creek Ustick Project Meridian City Council September 27, 2011 Page 25 of 38 De Weerd: Item 8-D is a public hearing on MDA 11-008. 1 will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. This is, again, another DA modification before you this evening. If you recall a couple weeks ago Mr. Clegg was before you discussing his options for terminating the development agreements that govern the property. The site is situated on the southwest corner of Meridian Road and West Ustick Road. It is currently developed with a 30,000 square foot assisted living facility in which Mr. Clegg went through the process of getting a DA modification. A conditional use permit for the assisted living facility and also a certificate of zoning compliance for constructing that facility on the site. I would let Council know that the certificate of occupancy has been issued for the site, therefore, kind of solidifying that the applicant has complied with his requirements of the two development agreements and his CUP requirements as well. I would also let Council know that in the recorded DA for the site there were some provisions that weren't yet codified in the UDC at the time that they came through, but in looking through those CUPS and the CZC, conditions are in place and approved for the site that make sure that the applicant or the developer and future owners comply with those conditions as well. So, staff does feel confident that if Council does, through staff -- go with staff's recommendation tonight, that there are adequate conditions on the site that will govern the property if the DAs are terminated. I would also let Council know that we had worked with the city's legal department and reevaluated our developments and I believe Mr. Nary at some point will be going back to their staff and amending that -- that draft language in there to specifically state that the DAs wouldn't be terminated, possibly modified at the request of the applicant, not necessarily the city going back to that and initiating that process. So, we have looked into that and so we are moving forward with that as well. The intent is to let future owners or future developers know that the city does not want to see development agreements terminated. They are really meant to run with the land and that's how we -- at least that's how the planning department wants to move forward with TEC is you can modify it at the public hearing process, but we may not be in favor of terminating future agreements. I have not received any written testimony on this project. To my knowledge there aren't any outstanding issues before you this evening. And with that I would be happy to answer any questions you have. De Weerd: Thank you, Bill. Any questions from Council? Okay. Would the applicant like to comment? Good evening, Doug. If you will, please, state your name and address. Clegg: I will. Thank you, Madam Mayor. My name is Doug Clegg and I live at 1342 East Covey Run Court in Eagle, Idaho. Just -- only just to reconfirm that I appreciate the city's willingness to consider the circumstance -- the language that's currently in the development agreement has created for us with lending and I'm thankful that legal counsel is working with Planning and Zoning to amend that template so that future developers don't have the complications that we seem to be going through right now Meridian City Council September 27, 2011 Page 26 of 38 and I hope -- at least to our review from our legal team and your Planning and Zoning and Bill Nary have concluded with the same things that Bill has recommended and that is that the CUP and the CZC have language that is staying with the property to control either our decisions or any future owner's decisions on us, so I -- that's kind of a no brainer. But at least wanted to share that with you. Thanks. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Doug, just to be clear, the issue has been resolved with your lender and -- do you believe that anyway? Clegg: The issue is predicated upon our ability to have -- because they are reviewing this as Bill and Bill with the same set of eyes, that the language is there that that states that if we comply that development agreement should be terminated and I think I expressed in our last meeting that since there is a tendency to have staff and/or elected officials change their position, the title company's position is that if that happened and there was a new ownership and need to refinance or call in the note, that it would put their -- their deed of trust at risk. The CZC and the CUP, as they are viewing it, has most or all of the language that the development agreement currently has, which protects the church next to us and a lot of those other details that are there. So, to answer your question, yes, they are excited if we -- if we terminate the development agreement, so yes. Rountree: Depending on our action. Clegg: Yes. That is true, sir. Rountree: Yes. Thank you. De Weerd: Okay. Anything further from Council? Thank you, Doug. Clegg: Thanks. De Weerd: This is a public hearing. Is there anyone who would like to comment on this item? Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item 8-D Meridian City Council September 27, 2011 Page 27 of 38 Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-D, MDA 11-008, terminating the development agreement for the Ashtyn Park. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-D. Is there any comment? Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Go sign that loan. De Weerd: Get her open. De Weerd: Okay. Item 8-E is a public hearing on MDA 11-009. 1 will open this public hearing with staff comments. E. Public Hearing: MDA 11-009 Grau Property by Bill Grau Located at 4135 W. Cherry Lane Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City Parsons: Thank you, Madam Mayor, Members of the Council. Again, this is another development agreement modification for Bill Grau. This property came before you in 2007. It is -- the preliminary plat accompanied the annexation request. I would let Council know that that preliminary plat has expired. Mr. Grau was again extended that opportunity to extend his annexation and signing of his DA at this time. Staff met with the applicant and kind of informed him of the process and so he's here tonight if you have any questions of him. This property is located on the south side of Cherry Lane, Meridian City Council September 27, 2011 Page 28 of 38 midway between Black Cat Road and North Ten Mile. The site consists of approximately one acre and it's currently zoned R-1 in the county. As I mentioned to you, the front portion of the property at the time that he came in and presented the project to you was to be zoned L -O and the back half or two-thirds of the property -- the southern half of the property was to be zoned R-8. Since that property would have a split zoning if -- if this plat was -- because this plat's no longer valid, staff has concerns with split zoning on the property if you were initiate the DA at this time. Currently in the draft provisions of the DA it's stated in there that would comply with his preliminary -- the preliminary plat that was approved with this annexation request and, again, because that is expired, it is, essentially, requiring him to come back and plat the property in order to get out of that split zoning requirement. So, in this particular case staff is recommending that we do, indeed, amend the draft DA and amend DA provision number one to read with future development -- or prior to any development on the site the applicant would come back and plat the property in accordance with the UDC prior to any development on the site. So, that's how we have it read and that's how we have it in the hearing outline. To my knowledge there aren't any other outstanding issues before you this evening and with that I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions for staff? Does the applicant have any comment? Thank you. Okay. Is there -- Joann or Frank, you want to make any testimony on this? Okay. Okay. Council, there is no further testimony. I would entertain a motion to close. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close Item 8-E. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-E, MDA 11-009 with the allowable time extension with the DA modification as recommended by staff. Zaremba: Second. Meridian City Council September 27, 2011 Page 29 of 38 De Weerd: Okay. I have a motion and a second to approve Item 8-E. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you for joining us. MOTION CARRIED: ALL AYES. Item 9: Continued Department Reports A. Mayor's Office: Resolution No. 11-807: A Resolution Re - Appointing Jennifer Pike to Seat 8 and Re -Appointing Daniel Basalone to Seat 9 of the Meridian Development Corporation De Weerd: Okay. Item 9-A is Resolution No. 11-807. Council, this is to reappoint Jennifer Pike to Seat 8 and Daniel Basalone to Seat 9 of the MDC. Are there any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no questions or comment, I move that we pass Resolution No. 11-807. Zaremba: Second. De Weerd: I have a motion and a second. 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: Resolution No. 11-808: A Resolution Appointing David Winder to Seat 4 of the Meridian Development Corporation De Weerd: Item 9-B is also a resolution for the MDC. It's proposed -- or it's Resolution No. 11-808. It's appointing David Winder to Seat 4. Council, do you have any questions? Bird: Madam Mayor? Meridian City Council September 27, 2011 Page 30 of 38 De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 11-808. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-B. 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. C. Mayor's Office: Resolution No. 11-809: A Resolution Re - Appointing David Fulkerson to Seat 1, Gene Strate to Seat 2 and Kent Mortensen to Seat 3 of the Meridian Impact Fee Advisory Committee De Weerd: 9-C is resolution 11-809. Council, this is a resolution that reappoints David Fulkerson to Seat 1, Gene Strate to Seat 2, Kent Mortensen to Seat 3 for the Meridian Impact Fee Advisory Committee. I would ask if you have any questions at this time? Hearing none, do I have a motion to approve? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we approve Resolution No. 11-809 Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-C. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Police Department Report: Receive Spending Authority for an Office of Justice Assistance Grant (JAG) in the Amount of Meridian City Council September 27, 2011 Page 31 of 38 $27,021.00 - Match Grant De Weerd: 9-D we have our Police Department report and as our deputy chief comes forward, I would like to just extend my appreciation this morning at the Police Department they held their Recovery Day event and this is the 6th year that this has been held at the Meridian Police Department. Every year it's inspirational and very appropriate ceremony to recognize our treatment providers, both nonprofit, profit, and faith and as well to celebrate those in recovery and so our appreciation to you and your staff, Tracy, and also to Councilman Zaremba and Councilman Hoaglun for joining us. Basterrechea: All right. Thank you. The reason I'm here tonight initially is we are looking to receive our spending authority for the Office of Justice Assistance Grant, the Edward Byrne Memorial Justice Assistance Grant in the amount of 27,021 dollars. This is not a matching grant, the city does not have to match any funds with this. This is completely funded through the Edward Byrne Memorial JAG Grant and we are going to use the money to purchase mobile computer terminals, as well as new handguns to replace some of our handguns that are over ten years old and as well as do upgrades to our duty belts for all of our offices and, finally, we are going to purchase a crisis response phone system for our crisis negotiators, so that they can record those conversations with people in a crisis situation. De Weerd: Thank you. Council, any questions on this item? Bird: I have none. De Weerd: Okay. Congratulations on this. We like that. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move approval of the spending authority for an Office of Justice Assistance Grant in the amount of 27,021 dollars to the Police Department. Rountree: Second. De Weerd: I have a motion and a second. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. F. Resolution No. 11-810: Adopting Administrative Policy of the Meridian City Council September 27, 2011 Page 32 of 38 Meridian Police Department Establishing Leads Online as the Approved Method of Transmitting Records of Regulated Transactions to Meridian Police Department De Weerd: Okay. Next item is also the Police Department. Basterrechea: And what we are looking for here is we want to establish an administrative policy which is establishes Leads Online as our approved method for precious metal dealers to transmit their records of regulated transactions to the police department. We have used Leads Online for the last six years with our pawn shop owners as well and it just makes sense to use the same system with our precious metal dealers. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: My comment further -- and this is what Leads Online is used around the state by law enforcement agencies and it is something that if something is stolen, you're looking for it, you can put the picture on there, other agencies will be able to look at that as well and so it's something that really will help our law enforcement here in Meridian and throughout the state to be a part of and have that as part of our main system. So, if no one has any questions, I'm ready to make a motion. Bird: Do her. De Weerd: Okay. Hoaglun: Madam Mayor, I move approval of Resolution No. 11-810. Zaremba: Second. De Weerd: I have a motion and a second to approve item 9-F. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. Basterrechea: Thank you. I. Legal Department: Findings of Fact, Conclusions of Law for Approval for MDA 11-005 Walmart-Overland/Stoddard by Walmart Real Estate Business Trust Located Southeast Corner Meridian City Council September 27, 2011 Page 33 of 38 of W. Overland Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan and Certain Sections of the Text of the Agreement in Accord with the Proposed Changes to the Development Plan De Weerd: Okay. Both Items 9-G and H were moved to an earlier agenda item. I will ask for Mr. Nary's comments on Item 9-I. Nary: Madam Mayor, Members of the Council, Joann Butler is here tonight on this item as well. If you recall about a month ago the Council in the modification development agreement gave direction -- this is regarding the fence for the Walmart parcel and the discussion at the time was getting approval from the adjacent property owners to replace the fence and the Council's direction was either to replace the fence or the staff's original recommendation was to plant sufficient landscaping, essentially, as a shield and a buffer for those adjacent parcels. So in that last month Mrs. Butler and her staff have been working with the homeowners association to get those approvals and they got approvals, but I think Mrs. Butler's concern is valid, that the approvals are somewhat unclear as to what the people are actually approving and so she wanted to discuss with the Council some potential change of that language if the Council would be comfortable, and I will maybe let Mrs. Butler take it from that point and explain some of the issues here. De Weerd: Thought may be she had been punished for being last on the agenda. Butler: Just felt that way. No. Joann Butler. 251 East Front Street in Boise. And I will pass out a copy of the existing condition attached to the development agreement regarding the eight foot vinyl fence, the proposal by staff and what we are proposing tonight. Nary: And if we really wanted to punish her we would put the Executive Session in front of hers, but we didn't, so -- Rountree: Why not? Butler: Thank you. We really did -- we appreciated the Council direction 30 days ago -- roughly 30 days ago to try to work with the neighbors on trying to implement the conditions from I think 2008 to replace the existing white vinyl fence with an eight foot vinyl fence. Trace Alcovich from the neighborhood association was very active trying to get the various consents from the neighbors. The consents did range from wanting a taller fence, an eight foot vinyl, stone, block, whatever -- and there wasn't a consensus that was reached. We are concerned that we wouldn't be able to get construction easements all along the existing property line, so what we are proposing -- and our engineer has indicated that we could put up a fence between six and eight inches from the existing fence, make sure that it goes up, allow the neighbors to connect to that Meridian City Council September 27, 2011 Page 34 of 38 fence, take down their fence and I have to say that the neighbors are not quite of one mind as to who actually owns the fence and Mr. Alcovich indicated that the association is not clear whether it owns -- whether the existing neighbors do. So, strictly I think that the recommendation of the staff was just do the landscaping, don't worry about the fence, but we appreciate what the Council said and we know that the neighbors want a fence and so we want to make sure that we have got a condition that we can comply with, so we want to make it a requirement to put that fence in. We are also doing the landscaping. This doesn't mean in lieu of the landscaping. So, it would be the fence plus the landscaping and that means that we would have a condition that we could comply with. I have also told Mr. Alcovich -- and I have mentioned it to staff -- that doesn't mean that we -- just because we put a condition in place that we know we can comply with, we can continue talking about this. This is not happening tomorrow. That over time if the -- if we are able to get correct or appropriate construction easements along that length, we can actually put the fence in place. But we just want to make sure that we don't have an impossible condition attached to the development agreement. So, that's what we'd propose and thank you. De Weerd: Thank you. Any questions, Council? Bird: I have none. Rountree: I have none. Bird: Good job De Weerd: Okay. Council, I imagine that -- and Mr. Nary can correct me if I'm wrong -- that we would need to have the new language added a motion. Nary: Madam Mayor, yes. I think if the Council -- Madam Mayor, Members of the Council, if the Council's intent -- you feel that replacing the existing fence, that this new language would simply clarify that, that you're still getting, essentially, what was discussed, which was a fence along the property boundary and instead of replacing the existing fence, essentially board by board, we are going to replace it with a new fence that's adjacent to their property, so that it still serves the purpose, then, really, your motion can just be proposing this language change. I think it would still need to be corrected by planning and, then, brought back next Tuesday for final approval, but rather than having another hearing to have this particular issue, we feel this satisfies that. If you don't think that's satisfactory and you think another hearing is warranted, that's certainly your option to do that as well. De Weerd: So, Bill, were -- were the neighbors -- or at least the homeowners association aware that this was in front of Council tonight? Meridian City Council September 27, 2011 Page 35 of 38 Nary: Madam Mayor, Members of the Council, as far as I know they were aware it was in front of Council tonight. It was on -- it's been on the agenda since the last time it was set. But I don't know that they were specifically told about it. Hood: Madam Mayor, I can only answer that we -- we didn't notice this as a public hearing, but as Mr. Nary indicated, it's on that agenda on the website and other various forms, so I don't know that anybody knocked on doors or -- I know we didn't send out notices, but certainly it's public information, so it's out there, but, no, we didn't do invites. Butler: Joann Butler again. I met with Mr. Alcovich on site last week. I guess it was Thursday. And he was aware and we talked about the fact that this was up before the Council, so I do believe they understood that. Thank you. De Weerd: Thank you Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Without -- if we have no further discussion -- and I -- we have all been privy to the e-mails that went back and forth between the applicant and homeowners and stuff and I think they have kept them very well informed. I would move that we include the proposed language by the applicant as printed -- do I need to read it or just -- Nary: It's provided in writing, so I think that's fine. Bird: As provided in the writing by the applicant. Rountree: Second. De Weerd: I have a motion and a second to approve the new language approved -- or proposed by the applicant to brought back next week. Okay. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. Ordinance No. 11-1496: An Ordinance Amending Title 1, Chapter 5, Section 1 of the Meridian City Code, Regarding the Corporate Seal of the City of Meridian Meridian City Council September 27, 2011 Page 36 of 38 De Weerd: Item 10-A is proposed --or Ordinance No. 11-1496. 1 will ask Madam Clerk to, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1496, an ordinance amending Title 1, Chapter 5, Section 1 of the Meridian City Code regarding the corporate seal of the City of Meridian and providing an effective date. De Weerd: Okay. Any comments? Or is there anyone who like to hear it read in its entirety? Any questions or comments from Council? Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we adopt, approve Ordinance No. 11-1496 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. Any comments or -- Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Okay. Under Item 11. Council, any items of interest that we need for future meetings? Bird: I have none. Rountree: I have none. Item 12: Amended onto the agenda at start of meeting: Executive Session Per Idaho State Code 67-2345 (1)(d)(f) —(d) To Consider Records That Are Exempt From Disclosure as Provided In Chapter 3, Title 9, Idaho Code; and (f) To Consider and Advise its Legal Representatives in Pending Litigation Meridian City Council September 27, 2011 Page 37 of 38 De Weerd: Anything from staff? Okay. Item 12 is Executive Session. I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d) and (1)(f)• Hoaglun: 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: (8:30 p.m. to 8:59 p.m.) Bird: -- moved to come out of Executive Session. Rountree: Second. De Weerd: I have a motion and a second come out of executive Session. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:59 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council September 27, 2011 Page 38 of 38 <� lell�o"44�e MAYOR Y De WEERD ,IED A IJC�, O� G City of KIDIAN&-w IDAHO 04 N 41, SEAL f I*t Tacks /() / to �/ / 4: � �-f 0 DATE APPROVED J/ ATTEST: JA E V14OLMAN, CIN CLERK Changes to Agenda: ➢ Item #8A Medina Drive-Thru —Noticed incorrectly — Requires Commission action �tEd,ef �gcil (re -noticed for October 201h Commission meeting) t 1..-�+ '�. SEP 11 2011 Item #8B: Sgrot Property (MDA -11.007) Application(s): ➢ Development Agreement Modification CITY OF C QTg a CITY CLERKS OFr E Size of property, existing zoning, and location: This site consists of 3.16 acres of land, is currently zoned R1 in Ada County, and is located at 4405 E. Ustick Road. History: In 2008, Council approved an annexation & zoning request for R-8 zoning of this property. A development agreement was required as a provision of annexation; however, the applicant has not yet signed the agreement. Therefore, annexation of the property was not finalized and the property remains in Ada County. Summary of Request: The applicant requests a development agreement modification to extend the time period allowed for the applicant to sign the agreement. Since the property received annexation and zoning approval from City Council, the property owner has been in negotiations with potential buyers for the property. The applicants reason for annexing and zoning the property is to make it marketable for the development of an assisted living facility. A conceptual site plan for such was approved with the annexation. He does not wish to sign the DA and annex into the City until he has a buyer for the property. Thus, the applicant requests a two year time extension to sign the agreement. Written Testimony: None Staff Recommendation: Approval Notes: Item #8C: Cavanaugh Subdivision (TEC -11-005) Application(s): ➢ Preliminary Plat time extension Size of property, existing zoning, and location: This site consists of a total of 177.94 acres of land, is currently zoned R-8, TN -R, TN -C, CA and is located on the southeast corner of S. Meridian Road & E. Victory Road. History: The preliminary plat was approved by Council in 2008. There have been 2 previous time extensions approved on the preliminary plat. Conditions of previous time extensions are as follows: • Comply with the UDC design standards & the guidelines contained in the Meridian Design Manual. • Submit an irrevocable letter of credit or cash deposit for their portion of the required sanitary sewer construction improvements along the project's frontage in Victory Road prior to signature on a final plat by the City Engineer, which they have not yet done. • Provide an executed permanent sanitary sewer easement and temporary construction easement on forms provided by the City within 90 days of City Council approval of the subject time extension in order for the previous time extension to remain valid, which they have done. • Submit a letter to the City allowing the use of their approved plans for the construction of the Black Cat sewer trunk line, which have they have done. • Provide a pathway connection within a common lot in accord with the standards listed in UDC 11-3A-8 at the south east boundary of the subdivision in Block 43 to connect to the future pathway in Cavanaugh Ridge to provide pedestrian interconnectivity between the two subdivisions and to comply with the block length requirements specified in UDC 11 -6C -3F.1. Summary of Request: Request for a 31d time extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat. Approval of the subject time extension will allow the applicant 2 additional years to obtain the City Engineer's signature on a final plat & proceed with the platting process. If the subject time extension is not granted, a new application would be required for preliminary plat approval. Written Testimony: None Staff Recommendation: Approval wlno new conditions Notes: Item #81): Spring Creek (fka Ashtyn Park) (MDA•11.008) Application(s): ➢ Development Agreement Modification Location: This site is located on the southwest corner of Meridian Road and Ustick Road. History: In 2006, this property was annexed (AZ -06-034) with an L-0 zoning district. A development agreement (DA), instrument #107022433, was recorded as a provision of annexation. In 2010, the applicant received a development agreement modification (MDA -10-006), conditional use permit (CUP - 10 -004) and certificate of zoning compliance (CZC-10-052) approval to proceed with developing the site with an assisted living facility. The facility is now completed and certificate of occupancy has been issued for the building. In 2011, the Director issued a determination letter stating that all requirements for developing the assisted living facility have been completed. Summary of Request: The applicant is requesting Council to terminate both development agreements (DA) that govern the property. The applicant was before the Council to discuss this issue. Staff has reviewed the recorded DA's with the approved CUP and CZC to ensure that any DA provisions that were not codified in the UDC at the time of annexation are now in place to govern the development before recommending termination of the DA's. In particular, staff had concerns with recommending termination since the applicant was to provide cross access and sewer connection to the adjacent church property and comply with a specific concept plan and building elevations. Per the requirements of the CUP and CZC, the applicant was to provide recorded sewer maintenance and cross access agreements and comply with the site plan, landscape plan and building elevations as conditioned in the recorded DA's. Further, Staff has a copy of the recorded documents in the file that address cross access and sewer connections between the two properties. The approved CUP Findings, CZC and CO are evidence the project complies with all conditions. For these reasons, staff is supportive of terminating the recorded development agreements as requested by the applicant. Staff has met to discuss the standard development agreement language contained in the City's template. The City's Legal Department has agreed to modify the standard DA language so that it clear to future owners/developers that the DA is meant to run (not be terminated) with the land and can be modified at the request of the applicant once provisions are completed to the satisfaction of the City during the public hearing process. Staff Recommendation: Approval Outstanding Issues for Council: None Notes: Item #BE: Grau Property (MDA -11-009) Application(s): ➢ Development Agreement modification Size of property, existing zoning, and location: This site consists of 1 acre, is currently zoned R1 in Ada County, and is located at 4135 W. Cherry Lane. History: In 2007, Council approved an annexation & zoning request to zone 0.32 of an acre to the L-0 zoning district & 0.68 of an acre to the R-8 zoning district. A development agreement was required as a provision of annexation; however, the applicant has not yet signed the agreement. Therefore, annexation of the property was not finalized and the property remains in Ada County. A preliminary plat was approved with the annexation but has since expired. Summary of Request: The applicant requests a development agreement modification to extend the time period allowed for the applicant to sign the agreement to allow an additional 2 years. The applicant would like an extension to sign the DA in order to keep the zoning entitlement that was approved for this property. The applicant did not submit a conceptual development plan with the annexation & zoning request. However, a preliminary plat was proposed that consisted of 1 commercial office building lot & 1 common lot (street buffer) on the front portion of the site proposed to be zoned L-0 and 3 single-family residential building lots on the rear 0.68 acre portion of the site approved to be zoned R-8. A provision of the DA requires development to conform to the preliminary plat & landscape plan. Because the plat has expired which was proposed to divide the property in accord with the zoning boundary between the R-8 and L-0 districts, annexation of the property with two zoning districts would result in a split -zoned parcel. To remedy this, staff recommends a new provision be added to the DA that requires the applicant to obtain approval of a preliminary & final plat and subsequently record a final plat that is consistent with the zoning boundaries approved with the annexation prior to submittal of any development applications for the property. This provision would replace the current provision that requires conformance with the previous preliminary plat. Staff Recommendation: Approval with aforementioned condition Notes: Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Christine Donnel School of the Arts for Artist in Residence Programming for a not to exceed amount of $1,500.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (n� V � � 0heree Cq J PROFESSIONAL SERVICES AGREEMENT WITH CHRISTINE DONNELL SCHOOL OF THE ARTS This PROFESSIONAL SERVICES AGREEMENT WITH CHRISTINE DONNELL SCHOOL OF THE ARTS (hereinafter "Agreement") is made this day of September, 2011 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), through the duly delegated Meridian Arts Commission, and Christine Donnell School of the Arts, a public magnet school in Meridian Joint School District no. 2 (hereinafter "School"). WHEREAS, the mission of the Meridian Arts Commission is to develop, advance, and nurture al] facets of the arts to enhance the quality of life for Meridian residents and its visitors; WHEREAS, School is dedicated to teaching academics through and with the arts; WHEREAS, the respective leaders of City and School find that these missions complement each other and wish to work together to provide opportunities for School's students to explore and achieve respect and accountability through the study of and active participation in the performing arts; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and School agree as follows: 1. Statement of Work. School shall provide programming as described in the project narrative as set forth in Exhibit A, which narrative is incorporated herein by reference and made a part of this Agreement as if set forth in its entirety in this Agreement. 2. Compensation and payment. Upon commitment of artist in residence Marshall Sinclair, and School's provision to City of a completed W-9 form, City shall prepay School for professional services set forth herein in the amount of one thousand five hundred dollars ($1,500.00) by check sent U.S. Mail. 3. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed via United States mail, addressed as follows: Christine Donnell School of the Arts City of Meridian Tina Perry, Principal Emily Kane, Deputy City Attorney 7075 S. Five Mile Road 33 East Broadway Ave Boise ID 83709 Meridian ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. 4. Assignment. City shall not assign or sublet all or any portion of City's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of School. School shall not assign or sublet all or any portion of School's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall PROFESSIONAL SERVICES AGREEMENT WITH CHRISTINE DONNELL SCHOOL FO THE ARTS PAGE I OF 2 apply to and are binding upon the respective organizations, legal representatives, successors, and assigns of the parties. 5. No agency. Neither School nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose. 6. Compliance with laws. In performing the scope of services required hereunder, City and School shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 7. Discrimination prohibited. In performing the Services required herein, School shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. 8. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 9. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 10. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. 11. Approval Required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and School. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. CHRISTINE DONNELL SCHOOL OF THE ARTS: B"�6- Y: ATinaPe CITY OF MERIDIAN: '`• C`+ `•'-k BY: �, �j� Attest: Mayor ?l PROFESSIONAL SERVICES AGREEMENT wrrH CHRISTINE DONNELL SCHOOL FO THE ARTS PAGE 2 OF 2 EXHIBIT A PROJECT NARRATIVE f a Christine Donnell School of the Arts 2011 Artist in Residency Project Request for Proposal 1. Describe the proposed project and the school in which it will be Implemented. • Describe the school's mission and the community it serves. • If this is a collaboration, please identify the professional teaching artist and describe how you will work together to accomplish the stated outcomes. Christine Donnell School of the Arts (CDSA) is a public magnet school in the Meridian School District established seven years ago. We anticipate over 500 students for the upcoming school year in grades K through 7. Our students come from a wide range of economic and ethnic backgrounds; we mirror the Meridian School District average for numbers of students receiving free and reduced lunches and for English Language Learners. CDSA students are chosen for attendance by parent referral and a lottery system. We are dedicated to teaching academics through and with the arts. Our mission statement reads: "We are an innovative community of learners committed to building character and knowledge while encouraging Individuality through the arts ... Tomorrow begins with usl" We would like to propose a "Legacy Project" for our school's 2011-2012 7eh grade class. For the past four years, we have been able to accomplish a project of this type for the exiting class. The project is a collaboration with a local artist to design, build, and dedicate a public art piece to our school community that is a reflection and remembrance of each student participant. The Legacy Public Art Project Is a culminating art experience for students that allow them to apply the elements and principles of design that most students have been taught over a number of years at our art school. Many students return to CDSA to visit their class public art piece and younger students look forward to creating their piece in the future, This project Is a powerful, life changing experience for our school. For this Legacy Project we would like our students to work with sculptor Marshall Sinclair to design and build a metal sculpture that will be representative of them and their school class. 2. Describe the population of students expected to benefit from the project • Include who, how many, and how they will be chosen. • What specific needs do these populations have, and how will your proposed project address those needs? All of our seventh grade class, approximately 66 students, will be primary participants In the project. Since this will be their last year in our school, we want them to participate in an authentic, artistic project. In doing so, they are able to leave a personal contribution as a part of an art legacy. Because we have a wider range of grade levels than typical Meridian schools, we encourage students to learn from each other. Our oldest class Is looked to as role models for our younger students. So, all of our student body (present and future) will derive some benefit from the project as they teach through their example and leave a lasting legacy. project. Identify what you would like participants to know or be able to do as an outcome of your a Describe the specific concepts, elements, or skills that will be learned by the participants and will serve as criteria to assess student learning, We want our students to experience hands on authentic learning in the arts. Our seventh graders will gain experience in the lifelong skills of planning, drafting, and revision, They will become familiar with the working process of a public artist and use their knowledge of the elements of art and principles of design. They will actively participate In development of an art piece from conception to installation and will leave a lasting representation of themselves as competent, creative learners in our school. Students will hone their public speaking skills to speak Intelligently about their Intent, process, and fabrication of their 2012 Legacy Project. Christine Donnell staff, in conjunction with Idaho Arts Commission, worked on valid documentation of student learning during artist in residence projects last year. We will use this process to assess student learning In the Legacy Project. Before, during, and after the project we will use video to document the learning of three students and their responses to the questions: • What is public art? • Why have public art? • What have you fearned about yourself as an artist? • Describe what this piece means to you as a legacy project? Their responses will provide a reflective glimpse Into the project as seen by students, We will document the process throughout by collecting photographs, video, audio, or writings. This project lends Itself to natural assessment of student learning as they meet deadlines such as the proposal to the school board and work toward completion of the final installation. Evidence of using the elements of art, principles of design and conceptual thought processes will be found in their final piece. Other students In our school will become aware of this process and see it come alive as It's built. The following District Art and Idaho State Language Arts Standards will be met through the process of this project. Middle School Visual Arts: Grade Level Expectations The Visual Arts experience at the Middle School allows students to experience the elements and principles of design, two and three-dimensional artwork, basic clay techniques, lost wax casting techniques, as well as art history and careers in the visual arts fields. Goal 6.3: Acquire Viewing Skills View medla sources for Information and understanding: Determine male Idea, ldendfy a variety of wsuaUypresentedmaterlal/books; films, videos, andlntemetj. View media sources for persona/response and expression to identf& relationships, Ideas, and cultures represented within vattousmedla. 7.LA.6.3.1 View media to analyze as source for Information, entertainment, and persuasion appropriate to grade level. �f View media to engage /n critical anab6/s and evaluation: Evaluate reladonshlps, Ideas, and cultures represented in various media,critique, interpret, and evaluate non-or/nt media,- apply knowledge gleaned from charts andgraphs 7.1.A.6.3.2 Demonstrate understanding of graphics, pictures, and charts appropriate to grade level. Demonstrate understanding ofv1sualliteracy. 7.1-A.6.3.3 Evaluate the role of media In focusing people's attention on events and In forming their opinions on issues. 7.LA.6.3A Evaluate the purpose, organization, content, and delivery of verbal communication and non-verbal cues. 7.LA.6.3.6 Apply technical skills to produce visuals that communicate to the audience. 4. Describe the project activities. • What learning activities are planned to help students achieve the proposed project's anticipated outcomes? • Include lesson plans or learning guides, and a timeline or schedule of the learning sequence. • What individual artists, educators, or consultants will be involved, and what are their roles, qualifications, and responsibilities? • Describe how materials, equipment, space, and facility requirements will be met. We have divided our project into four phases: 1. Understanding Public Art and legacy. Discussions/activities during the first quarter of the 2011/2012 schoolyear. Students will explore what public art is, critique public art using art elements and principles of design, discuss possible roles or functions of public art, and learn about special considerations in public art (such as safety, maintenance, and appropriate content). Students will explore the process of an artist's proposal. We will review proposals available from Boise City Arts and History Department and Marshall Sinclair's public art proposal for South East Neighborhood Association project. This learning will happen in classrooms at Christine Donnell. Our middle level team including: Reading Teacher, Shawna Exllne, Writing Teacher, Frith Stevenson, and Visual Art Teacher, Mary Chapin, will tailor lessons about public art in their classrooms. They will use parts of lessons created by Jacksonville's Cultural Council and Boise City Arts Commission along with their own materials developed over past legacy projects. We will invite experts from Boise City Arts and History and Meridian Arts Commission to speak to students about public art. We will look at a variety of public art In our area either by field trip or virtual field trip. During this time frame, Marshall Sinclair, our artist, will Introduce himself and his sculptural art to the students. 2. Design a "2012 Legacy" Sculpture for Installation at Christine Donnell School of the Arts. Discussions and work during the 2nd quarter for 2011/2012 school year. Students working with Marshall Sinclair will decide on a unifying theme for our piece, choose a site on our school's campus for the work to be permanently displayed, create a collective design for the sculpture, and write a proposal for submission to the Meridian School District Board for approval. Mr. Sinclair will guide students through the conceptual thought and design process. Mrs. Exline, Mrs. Stevenson, and Mrs. Chapin will provide support for the final proposal prior to submission. Our principal, Tina Perry, will review the proposal prior to submission to Meridian School Board. 3. Building. Work during the end of the third quarter and Into the fourth quarter of our school year. Students, under the direction of Marshall Sinclair, will create their Individual piece of the sculpture out of wax that relates to the common theme pushed further by developing individual content. This work will be accomplished during class time using materials supplied by the artist and existing tools at school. Mr. Sinclair will take their wax sculptures to his studio and Boise State University Sculpture Lab to make and complete molds. Mr. Sinclair will arrange for a "metal pour" at our school after regular school hours. Students and families will be encouraged to watch their pieces being poured. The Boise State Sculpture Guild will be Invited to assist with the pour as a service project to the community. During class time, under Mr. Sinclair's direction, students will devest their molds and plan assemblage. Mr. Sinclair will take the cleaned pieces to his studio for welding and clean up. Mr. Sinclair will return assembled sculpture to Christine Donnell for final patina and finish with students. He will also be responsible for final mounting of sculpture in the site selected. 4. Installation ceremony. A ceremony will be held during the end of our fourth quarter 2012. Students will speak about their intent, process, and fabrication of the 2022 Legacy Project. A community celebration for all participants will follow. The ceremony will be planned by the middle level team at Christine Donnell and attended by Marshall Sinclair. Meridian Commission 2011 ARTIST IN RESIDENCY PROJECT BUDGET Fill in all fields that are applicable to your proposed project, rounding to the nearest dollar`. Neatly handwrite or type in 12 -point font. Footnotes providing detailed information may be included on a separate page. Total Project Expenses must equal Total Project Revenue. Name: Tina Perry (Principal), Shawna Extine (Teacher), Frith Stevenson (Teacher) X Educators Name: Marshall Sinclair X Teaching Artist PROJECT EXPENSES Professional services: Teaching Artist Fee - fee for materials Etproject completion as outlined $_2,000 Related expenses: Lodging $ Travel $ Supplies $ Documentation $ Evaluation $ Equipment rental/lease $ Postage/printing $ Other Materials: wax, ceramic shell, aluminum, patina, $ _etc $ TOTAL PROJECT EXPENSES: $ 2,000= PROJECT REVENUE Applicant cash contribution: (PTA donation) $ 500 Other revenue (Identify: ) $ Other revenue (Identify: ) $ In-kind contributions" (list with sources on separate page) $ MAC Professional Services Agreement (up to $1,500) $ 1,500 TOTAL PROJECT REVENUE: $[_ 2,000 "In-kind contributions are goods and services, donated by individuals and organizations other than the applicant, that can be given a cash value. They directly benefit the proposed activity, demonstrate community support, and must correspond with project expenses. Additional funds for materials and time will be necessary for successful project completion. Some to -kind donations we can expect are: discounted recycled aluminum from Idaho Power Discounted slurry for shell dip from Boise State Bookstore Use of slurry tank and equipment by Boise State Sculptor's Guild Use of foundry and equipment by Marshall Sinclair Assistance with metal pour from Boise State Sculptor's Guild members Mounting base/rock foundation donation Funds from Christine Donnell School of the Arts fundraising Our school has been able to support four successful legacy projects to completion. Historically, we have received $500 to $1000 additional dollars each year. We are confident that, with your generous support, we will be able to complete this amazing Legacy Project. Marshall Sinclair Artist Statement I am an emerging artist currently based out of Bolse, Idaho having lived and studied throughout the United States and Europe. In addition to working as a public artist, sculptor, 3D modeler, and graphic designer I have been dedicating much of my time developing my own foundry, using It as a tool to provide further integration of casting and sculptural processes with the public. I have a strong Interest In proving the public with opportunities of involvement previously unobtainable by hosting events and other activities at various venues and schools throughout the valley. The focus of my current body of work concentrates on the unseen beauties residing within objects in nature overshadowed by technological advances and material objects that drive our everyday lives. It Is derived through the use of traditional practices that capture permeable material forms from series of networks and decay, often underlying the basis of Interaction and the replacement of the visible achieved by the use of prototyping and modern mechanical devices. It is also an analysis of the metaphorical Implications of the digital ages' emphasis on what Is readily apparent by the creating of objects using innate materials subject to rapid decay. Marshall I. Sinclair P.O. Box 2543 Boise, ID 83701 - (208) 602-2906 — ms@leapdeslgn.ty EDUCATION BOISE STATE UNIVERSITY - Boise, ID BFACandidate —Sculpture Emphasis BAYLOR UNIVERSITY - Waco, TX UNIVERSITY OF UTAH - Salt Lake City, UT EXHIBITIONS/AWARDS International Sculpture Center, Outstanding Student Achievement Award Nominee National Conference on Cast Iron Art, Sloss Furnaces — Birmingham, AL Boise State Student Jurled Show, Boise State University — Boise, ID Past & Present, Boise State SUB Gallery — Boise, ID Idaho Metal Arts Guild Jurled Show, Women of Steel Gallery — Garden City, ID COMMISSIONS Winged Lion of St. Mark, St Marks Catholic School — Boise, ID Forced Production /A Tree for a Beekeeper, Private Collection — Jackson Hole, WY SENA Public Art Commission, Finallet, South East Neighborhood Association — Boise, ID Figurative Collaboration, project manager, Women's & Children's Alliance — Boise, ID Light Study 1, Artisan Optics — Boise, ID RELEVANT WORK EXPERIENCE Boise Sculptors Guild, president — Boise, ID Leap Design and Studios, principal - Wengen, Switzerland/Boise, ID ?recious Metal Arts, Apprentice — Boise, ID 2007 - present 2002 1997 2011 2011 2010 2010 2009 2011 2011 2009 2008-2011 2008 2007 — present 2003 - present 2008 -r Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Generations Plaza Patio Second Renewal and Addendum to the lease for Generations Plaza Patio MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City Attorney/HR Department 33 E. Broady y Ave., Suite 308 MAYOR Phone: 898-5506 Tammy de Weerd Fax:884-8723 CITY COUNCIL MEMBERS E IDIAN- William L.M. Nary Keith Bird �• City Attorney/HR Director David Zaremha — Ted W. Baird Brad Hoaglun Deputy City Attorney Charles M. Rountree Emily Kane Deputy City Attorney SUBMITTAL MEMORANDUM DATE: September 23, 2011 TO: Mayor Tammy de Weerd and Members of the City Council FROM: Ted W. Baird, Deputy City Attorney RE: Generations Plaza Patio Lease Renewal and Addendum Earlier this year, the Legal Department was given direction to bring forward an amendment to the Generations Plaza Patio Lease to provide rent -relief so that the building landlord could offer a commensurate rent reduction incentive to the current restaurant tenant for the duration of the five year lease term. The lease addendum on tonight's Consent Agenda includes the following terms: • Extends the term of the patio lease to September 30, 2017. • Approves the current tenant, McTime Coffeehouse, Inc. dba The Grotto. • Eliminates rent payment requirements retroactive to October 1, 2010 (achieving parity with the rent-free license agreement extended to the Flatbread Community Oven for the City's half of the alley at the north end of Generations Plaza). • Clarifies the public liability insurance requirements contained in the patio lease to specify that the building Tenant shall list the City as an additional insured. • Does not disturb the existing lease provision which allows the City to consider whether or not to approve a replacement tenant, which would also allow the City to reconsider the amount of patio rent to charge a replacement tenant. Second Renewal and Addendum to Lease for Generations Plaza Patio THIS Second Addendum is made and entered into this c day of September, 2011 by and between the City of Meridian, 33 E. Broadway, Meridian Idaho, 83642, a municipal corporation of the State of Idaho ("Lessor"), and Generations Building LLC, 910 Main Street, Suite 358, Boise, Idaho, 83702 ("Lessee"), an Idaho Limited Liability Company. WITNESSETH: WHEREAS, Lessor and Lessee have entered into a Generations Plaza lease agreement dated October 17, 2000, in which the Lessor, among other provisions granted to the Lessee certain premises commonly referred to as the "patio" located at Generations Plaza in downtown Meridian to be occupied and used for the purposes stated therein; and, WHEREAS, Lessor and Lessee entered into a Renewal and Amendment of the Lease which, among other things, extended the lease term through September 30, 2012; and, WHEREAS, Lessor and Lessee desire to extend the lease term through September 30, 2017 on certain terms and conditions contained herein. NOW, THEREFORE, the Lease Agreement is hereby amended in the following particulars: Second Addendum to Lease for Generations Plaza Patio — page 1 of 4 1. RENEWAL: The Term of the lease shall be renewed for an additional five years, terminating on September 30, 2017 2. RENT: Retroactive to October 1, 2010, the annual rent payment requirement shall be eliminated. The consideration for the lease shall be deemed sufficient based on the inducement provided to a tenant who can provide local employment opportunities and enhance the vibrancy of downtown Meridian. 3. ASSIGNMENT AND SUBLETTING: The subtenant of the Patio Lease, McTime, Inc. is hereby approved by Lessor and all references in the lease documents to a named tenant shall be replaced with "MeTime, Inc." 4. INSURANCE: In addition to the insurance required of Lessee under the Patio Lease, Lessee shall also require that McTime, Inc. designate The City of Meridian as an additional insured under in its public liability and dram shop liability insurance policy. Lessor and Lessee agree that, except solely as replaced, changed, modified, or amended above, the terms, conditions, and provisions of the agreement dated October 17, 2000 and the October 11, 2007 Renewal and Amendment shall apply to, and shall govern, this amendment of the agreement, and any and all further renewals or extensions of it. IN WITNESS WHEREOF, the Lessor and Lessee do execute this Addendum the day and year first above written. Second Addendum to Lease for Generations Plaza Patio — page 2 of 4 CIW OF MERIDIAN LESSOR By: Mayor T y de Weerd Attest: G� ,-,-;, • ,, ��Ceeo Holman, City Clerl€ JkRATIONS BUILDING, LLC Second Addendum to Lease for Generations Plaza Patio — page 3 of 4 STATE OF IDAHO, ) ss County of Ada, ) Rd � On this oW day of c�Pf 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Gary P. Benoit, known or identified to me to be the Manager of Generations Building, LLC, who executed the instrument and acknowledged to me that they executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEALti PAM ALLAN Notary Pub11C r I O E I NOTARY PUBLIC STATE OF IDAHO Residing at: My Commission Expires: STATE OF IDAHO ) ss County of Ada On this Q day of �ep}ern)I,ea', before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument 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. ....... (SEAL) : F�r�OC AJO••• SEAL o: ,• OF LD•. N44ry Public Mr Idaho Residing at: 2ly,&a Commission expires: Second Addendum to Lease for Generations Plaza Patio — page 4 of 4 CERTIFICATE OF LIABILITY INSURANCE o"„I""�°;""Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE, HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcyjles) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such andorsomnnu.t_ PROOUCM Premier Alliance P6C Inc. 5660 E Franklin Rd Suite 321 INSURED Shannon .net Generations Building LLC, fNsuRFnc: DBA: Generations I Building INSURERD: 910 Main Street Suite 358 INSURERS: Boise ID 83702-5740 INSURER F: Cf1VFRARFR PCDTJCI` A re urmnvnnn„_mm� ncrrarvn numocn: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I LT�R TYPE OF INSURANCE Am 11101 POLICY NUMBER MWDWAI MPOl1CY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE E 11000,000 X COMMERCIAL GENERAL LIABILITY D PREMIE EA acarra E 300,000 MED EXP (Any One penon) E 1,000 A CLAIMS -MADE OCCUR X 7571522976 /21/2011 /21/2012 PERSONAL& ADV INJURY f 1,000,000 GENERAL AGGREGATE S 2, 000, DOC GEN'L AGGREGATE UMIT APPLIES PER: PRODUCTS - COMP,OP AGG E 2,000,000 X POLICY PR0. LOC E AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea ax nt) E BODILY INJURY (Perpereon) E ALL OWNED AUTOS BODILY INJURY (Par a It) E SCHEDULEOAUTOS PROPERTY PROPERTY DAMAGE HIRED AUTOS E NON OWNED AUTOS E f UMBRELIA Me OCCUR EACH OCCURRENCE E EACEBB LAB CLAIMS -MADE AGGREGATE f DEOUGnBLE E E RETENTION E WORKERS COMPENSATION WG STATmT OlH- AND EMPLOYERS, ILTBMJIY YIN E.L EACH ACCIDENT E ANY PROPRIE70WPARTNERIEXECUHVE OFFICERRJEMSER EXCLUDED? NIA IMandetdry In NH) IIyaB deaalbe under DESCRIPTION OF OPERATIONS below E.L DISEASE - EA EMPLOYE E E.L. DISEASE - POLICY LIMB E DESCRIPTION OF OPERATMS I LACATIONS I VEHICLE& (Attach ACORD 101, AddMB l Ramerha Scf k, N mon space is rapulrad) Re: 114 R Idaho AVe Meridian, ID 83642 City Of Maridim ie additional insured as their interst appears. City of Meridian 33 E Broadway Meridian, ID 83642 INS025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTNORUMD REPRESENTATIVE Kinney/SHMIN The ACORD name and logo are registered marks reserved. ACORN° OP ID: f CERTIFICATE OF LIABILITY INSURANCEDATE(MMATDNYYIT T120/11 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. EOR. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREIII AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cert8lcafe holder Is an ADDITIONAL INSURED, the Iwlicy(les) must be endorsed. N SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain politica may require an endorsement A statement on this certl8cate does not confer rights to the eertlfleate Holder In Ile- of such endoBemen s . PRODUCER 208-336-7711 NT CT Blaine & Co., Inc: Boise NAME: Ne Garcia 6307 W. Interchange Lane 208.336-8461 PHONE .208-336-7711 FAX Boise, ID 83709 E-MaIL ac x.1. 208-33641461 Norma P. Munoz AGGREss: no blameins.com PR C CTOM ER D/;METIME1 U I INSURED Me Time Coffee House, Inc. dba BdsuRER(s AFFORDING COVERAGE NAIC/ It's All About You Catering INSURER A: The Hartford 38288 2326 E. Wigle Drive INSURER B: Meridian, ID 83846 INSURER C: ltevr3lLrN NUMBER: THIS IS TO CERTIFY THAT Inc POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE ❑X OCCUR 09104111 1 09/04/12 S AUTOMOBILE LIABILITY S COMBINED SINGLE LIMIT ANY AUTO 34SBAN06517 (Ea aWdgnl) S ALL ONMEDAUTOS BODILY INJURY (Perpemon) S SCHEDULEDAUTOS BODILY INJURY (Paravdde ) S it X HIREDAUTOS PROPERTY DAMAGE X (RerdaltlenR S NONaWNEDAUTQS S UMBRELLA LIAR S OCCUR EXCESS LIA EACH OCCURRENCE S CLAIMS -MADE DEDUCTIBLE AGGREGATE S � RIMEMBCRIEXCWDRIEXECUTIVE Y/❑N I I I I I F�' OFFICERIMEMBER EXCWDEDi N/A E.L City of Meridian Attn: Sherry Ewing 660 E. Watertower Ln., #150 Meridian, ID 83642 ACORD 25 (2009109) IAH/dh ACORD 101, AddMl .1 RdmeNf S,, d.I , H mon dpAn 1.,equlred) Insured with respects to the CITMER2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE NIITH THE POLICY PROVISIONS. AUT�HORIQEDREPRESENTATIVE I (SYR t h?U/IR The ACORD name and logo are registered marks of ACORD All rights reserved. Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Safety Consulting Services Agreement Approval of contract Amendment No. 2 with Safety Enterprise Inc. to extend the Safety Consulting services agreement for the 2nd of (3) one year options for a not to exceed amount of $27,600.00 MEETING NOTES f- 'Pav--cl Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Scott Steckline Date: 9/20/11 Re: September 27 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 27 City Council Consent Agenda for Council's consideration. Approval of Award of Contract Amendment No 2 for "Safety Consulting Servics" to This is the second of three possible extensions under the original agreement. Recommended Council Action: Approval of Contract Extension and Authorize the Mayor to sign the Amendment for the Not -To -Exceed amount of $27,600.00. Thank you for your consideration. 0 Page 1 C�i'Vl E IDIAN#-- CITY OF MERIDIAN CONTRACT AMENDMENT No. 2 Safety Consulting Services CONTRACTOR NAME: DEPARTMENT NAME: Safety Enterprise, Inc Development Services ADDRESS: ADDRESS: 600 Watenower St., Suite G 33 E. Broadway Meridian, ID 83642 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract name 6 Project No. Safety Consulting Services Previous Amendment Date: 10/2512010 Previous Amendments: 1 Current Contract Dates: START: 10/1/10 COMPLETION: 9130/11 Current Contract Amount (Inclusive of Previous Amendments to Date): $55,200.00 CHOOSE ONE AMENDMENT COLUMN BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE OPTION TO RENEW" and check off any applicable amendments under that column. STANDARD AMENDMENT AMENDMENT TO EXERCISE OPTION TO RENEW _ (Check all that Apply) (Check all that aoo/v) Amendment to Contract Performance (Scope) _ Amendment to Contract Performance Amendment to Contract Dates X Amendment to Contract Dates Amendment to Contract Amount X Amendment to Contract Amount Other: (Explain) Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): Exercising the second of three one year options to extend agreement. NEW CONTRACT INFORMATION: Amendment Dale: 09/27/2011 New Contract Dates: START: 10/1/2011 COMPLETION:09/3 /2012 Amount of Amendment Change $ 27.600.00 Current Contract Amount (Inclusive of Previous Amendments to Date): $82,800.00 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MMMq ERD, MAYOR Dated: t` ✓ ''. Approved by Council: A est: �`'•�.___.__,- YC OLMA ITYCLERK,�'••:�� __.�; ,., SAFETY ENTERPRISE, IN BY: Richard Fesler Dated: 1�0�� Approved y Cit to o tent BY: KEI A , P ASING MANAGER Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Janitorial Services Contract extension for Janitorial services to Varsity Contractors, Inc. for a not to exceed amount of $108,579.72 MEETING NOTES f;�,y�„ted Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: John McCormick Date: 9/22/11 Re: September 27 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 27 City Council Consent Agenda for Council's consideration. Approval of Contract Amendment to extend the contract for "Janitorial Services" to Varsity Contractors, Inc and authorize the Mayor to sign the Amendment in the amount of $108,579.72. Recommended Council Action: Approval of contract extension and Authorize the Mayor to sign the Amendment for the Not -To -Exceed amount of $108,579.72. Thank you for your consideration 0 Page 1 IDIAN�-- IDANO CITY OF MERIDIAN CONTRACT AMENDMENT No 1 VARSITY CONTRACTORS, INC. for JANITORIAL SERVICES CONTRACTOR NAME: DEPARTMENT NAME: Varsity Contractors, Inc. Public Works ADDRESS: ADDRESS: 2100 South Cole Road 33 E. Broadway Boise, ID 83709 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract Name & Project No. Janitorial Services Previous Amendment Date: None Previous Amendments: 0 Current Contract Dates: START: 9/6/2010 COMPLETION: 9/30/11 Current Contract Amount (Inclusive of Previous Amendments to Date): $ 106.579.72 CHOOSE ONE AMENDMENT COLUMN BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE OPTION TO RENEW" and check off any applicable amendments under that column. STANDARD AMENDMENT TO EXERCISE OPTION TO RENEW _AMENDMENT (Check all that Apply) (Check all that apply) Amendment to Contract Performance (Scope) Amendment to Contract Performance Amendment to Contract Dates X Amendment to Contract Dales Amendment to Contract Amount X Amendment to Contract Amount Other: (Explain) — _ Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): This Amendment is the first of four possible one year extensions. NEW CONTRACT INFORMATION: Amendment Date: 9/22/2011 New Contract Dates: START: 10/1/2011 COMPLETION: 9/30/2012 Amount of Amendment Change $ 106.579.72 Current Contract Amount (Inclusive of Previous Amendments to Date): $217.159.44. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF M N Varsity Contractors, Inc. ,,:,irr"rr.•/l,r) r�r/m �MAL7/ILLCAL Ocr L7iro) TAMMY a EERD, MAYQR­,,­L Shawna Anthony, District Operatioft Manager Dated: 1 tl ' a1_11` _ Dated: Apprroved by Council: ii - Approved by City as to Content Atte t: KEITfWA P CHASING MANAGER JAYCE H LMAN, CITY CLERK,• Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Schwing Bioset Indemnity Agreement Facility use and indemnity agreement between Schwing Bioset and the City of Meridian for Mobile Bioset Equipment demonstration at the City of Meridian Wastewater Treatment Plant MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FACILITY USE AND INDEMNITY AGREEMENT Between Schwing Bioset and the City of Meridian for Mobile Bioset Equipment Demonstration at the City of Meridian Wastewater Treatment Plant Q � This FACILITY USE AND INDEMNITY AGREEMENT is made this � day of c , 2011, by and between Schwing Bioset, Inc., a corporation organized under the laws of the State of Minnesota, whose address is 350 SMC Drive, Somerset, Wisconsin (hereinafter "Schwing Bioset'), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), whose address is 33 E. Broadway Ave., Meridian, Idaho. WHEREAS, pursuant to the proposal attached hereto as Exhibit A, Schwing Bioset seeks to work with the City of Meridian Public Works Department to complete a demonstration of its Mobile Bioset Equipment at the City of Meridian Wastewater Treatment Plant; and WHEREAS, pursuant to the proposal attached hereto as Exhibit A, the City of Meridian Public Works Department is willing to allow Schwing Bioset to access and use its facility and equipment for these purposes in return for post -demonstration deliverables provided at the conclusion of the demonstration; NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: I. SCOPE OF PERMISSIONS GRANTED BY CITY. A. Time of access and use. Schwing Bioset shall be granted access to and use of City facilities and equipment only during normal business hours and at such times expressly permitted by the Director of the City of Meridian Public Works Department and/or his designee(s) ("Public Works"). The selection and designation of the personnel of City in the performance of this agreement shall be made by City. B. Scope of access and use. Schwing Bioset's access to and use of City facilities and equipment shall be limited to the activities set forth in the proposal attached hereto as Exhibit A and incorporated herein by reference ("proposal"), as well as by all reasonable restrictions on such access and use as shall be established by Public Works Staff. Schwing Bioset shall access and use City facilities and accomplish all activities under this Agreement only insofar as such access and activities are consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. C. Preservation of health and safety. Schwing Bioset represents and warrants that it is, and all of its members, agents, and employees are, fully qualified to, and shall, perform the activities and all components thereof as described in the proposal (Exhibit A) in accordance with generally accepted industry standards and practices. Neither Schwing Bioset nor any byproduct or component of its activities shall in any way harm or INDEMNITYAGREEMENT - SCHWING BIDSET WWTP DEMONSTRATION PAGE 1 endanger the health, safety, and/or welfare of Schwing Bioset members, agents, or employees; the environment; any member of the public; and/or City staff. Neither Schwing Bioset nor any byproduct or component of its activities shall damage, endanger, or affect City facilities or equipment or the operation of City facilities or equipment. D. Time of performance. This Agreement shall become effective upon execution by both parties, and shall expire at 11:59 p.m. on Saturday, October 29, 2011, unless sooner terminated or extended as provided herein. E. No compensation. Except as expressly set forth herein, neither Schwing Bioset nor City shall be entitled to receive any compensation, salary, wages, or other type of remuneration for activities undertaken or deliverables rendered under this Agreement. Il. INDEMNIFICATION. A. Indemnification. In consideration of Schwing Bioset's access to and use of City facilities and equipment to complete the activities as described in the proposal, Schwing Bioset shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions; judgments for damages; injury to its members, agents, or employees, other persons, or property; and/or losses and expenses caused or incurred by Schwing Bioset and not caused by or arising out of the tortious conduct of City of Meridian. Schwing Bioset acknowledges that accessing or using City facilities and equipment carries a risk of injury and/or death, and assumes these and any and all other risks and hazards of such activity and any activity related thereto. Schwing Bioset forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Schwing Bioset and its members, agents, and/or employees now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of Schwing Bioset's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided. Schwing Bioset acknowledges that the City of Meridian shall not provide for Schwing Bioset or for its members, agents, or employees any insurance or coverage of any kind, whether financial, medical, or otherwise, for any accidents, injuries, illnesses, losses, or damages that result during or arise out of Schwing Bioset's actions hereunder and/or any activity related thereto. C. Waiver. Schwing Bioset and its members, agents, and employees waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Schwing Bioset's performance of or actions taken under this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability caused by or arising out of the tortious conduct of the City of Meridian or its employees. INDEMNHT AGREEMENT- ScHw/NG BiosET WWTP DEMONSTRATION PAGE 2 D. Worker's compensation. Throughout the course of this agreement, Schwing Bioset shall obtain worker's compensation insurance in the statutory limits as required by Idaho law. III. GENERAL PROVISIONS. A. Relationship of Parties. Schwing Bioset is, and its members, agents, and employees are, neither an independent contractor(s) nor an employee(s), agent(s), joint venturer(s), or partner(s) of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Schwing Bioset and City or any official, agent, or employee of City; or between any Schwing Bioset member, agent, or employee and the City or any official, agent, or employee of City. B. Termination. If, through any cause, Schwing Bioset fails to comply with the terms of 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, and/or if the City Council determines that termination of this Agreement is in the best interest of City, City shall thereupon have the right to immediately terminate this Agreement by providing written notice to Schwing Bioset of such termination. Schwing Bioset may immediately terminate this Agreement at any time by providing written notice to City. Notwithstanding this or any other provision of this Agreement, Schwing Bioset shall not be relieved of liability to City for any damages sustained by City by virtue of any breach of this Agreement by Schwing Bioset. This provision shall survive the termination of this agreement. C. Notices. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian Public Works Dept. Attn: Tom Barry 33 E. Broadway Avenue Meridian, Idaho 83642 Schwing Bioset: Schwing Bioset, LLC Attn: Nancy Predatsch Western Regional Sales Manager 350 SMC Drive Somerset, Wisconsin 54025 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. D. Compliance with laws. In all activities undertaken under this Agreement, Schwing Bioset shall comply with all applicable laws, ordinances, policies, and codes of Federal, INDEMN/TYAGREEMENT- SCHWlNG BrosET WWTP DEmoxsTRAnoN PAGE 3 State, and local governments, and shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. E. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. F. Assignment. It is expressly agreed and understood by the parties hereto, that Schwing Bioset shall not have the right to assign, transfer, hypothecate or sell any rights conveyed under this Agreement except upon the prior express written consent of City. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. I. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney and/or has received the opportunity to seek such advice. J. Warranty of authority. Nancy Predatsch expressly warrants that she is duly authorized to act as the representative and agent of Schwing Bioset and its principals. Ms. Predatsch further warrants that she is authorized to bind Schwing Bioset and its principals to all provisions set forth herein, and to accept the liabilities as established herein on behalf of Schwing Bioset and its principals. K. Applicable law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. CITY OF MERIDIAN: Nancy Schwing Bioset, Inc. C r yc4qklman, City Clerk INDEMNITYAGREEMENT - SCHWING BJOSET WWTP UY 7V9� .t�ibiG ' O` PAGE 4 �ggnni n�.tN� EXHIBIT A SCHWING BIOSET PROPOSAL 350 SMC Drive Somerset' WI 54025 Phone: (715) 247-3433 Fax: (715) 247-3438 September 15, 2011 City of Meridian Public Works 33E. Broadway Ave Suite 200 Meridian, ID 83642 Attention: Mr. Thomas Barry Subject: Mobile Bioset Equipment Demonstration Biosetrm Process — Class A/EQ Biosolids Stabilization System Schwing Bioset, Inc. Quotation No. 2011141 EQUIPMENT RENTAL Schwing Bioset is pleased to offer the following equipment for rental. • One (1) set Bioset Process equipment and controls • One (1) lot of process chemicals (quick lime and sulfamic acid) • One (1) week of service (including travel) Mobilization Fee ......................................................... Waived Equipment Rental Rate..................................................Waived / week Service Technician .......................................................Waived / week Clarifications: 1. The "Mobilization Fee" includes freight to the Customer's facility and one (1) week of service by a Schwing Bioset field technician and return freight to Schwing Bioset. 2. The "Equipment Rental Rate" includes installation labor, operation/maintenance labor, and consumables (sulfamic acid and two (2) tons of lime is included). City staff should be made available to assist with equipment set up. 3. Customer shall provide a forklift or other means for set-up capable to lift 3000 lbs lime bags to a height of 17 feet. Schwing Bioset, Inc. 4. Customer shall procure and provide necessary process chemicals to ensure adequate supply for an additional two (2) days of demonstration. 5. Control enclosure includes motor starters and variable speed drives; 480 V / 3 phase power with 100 amp service provided by customer. Actual power consumption will be less depending on processing rate and material properties. 6. Customer shall deliver biosolids to the Sludge Feed Conveyor. 7. Customer shall provide potable water for the ammonia scrubber, and pump water box and for general cleaning purposes. 8. Customer is responsible for cleanup and disposal of all processed class -A sludge and any other residuals. Also, location for cleanout of equipment is the responsibility of the customer. 9. Two (2) Schwing Bioset Inc. representatives will be onsite for set-up, operation, and teardown of the Mobile Bioset Unit for One (1) week. 10. Acceptance of this proposal includes the willingness of the customer to host this equipment demonstration to additional city or engineering staff or other private businesses invited by Schwing Bioset. ADDITIONAL DEMONSTRATION CONDITIONS The following conditions will be performed by Schwing Bioset during the demonstration: 1. PRE DEMONSTRATION Schwing Bioset will provide a technical presentation to the Public Works Department staff prior to set up and operations of the demonstration project. The presentation should include an introduction to the process, mobile equipment utilized, process flow, chemical requirements, and staffing needs. The presentation will also provide for opportunity to discuss issues and questions related to the Bioset treatment process. 2. POST DEMONSTRATION Upon completion of the demonstration period, Schwing Bioset will provide the City of Meridian a technical report and presentation in a timeline conducive to both parties that describes: • Results of the demonstration project • Equipment, process chemicals and Bioset process reliability • Operational requirements for Bioset equipment • Cost benefit summary of Bioset process to achieve Class A biosolids in comparison to other pathogen reduction alternatives (aerated static pile, etc.) • A draft design plan fora fully operational Bioset Lime Stabilization process scoped for current and future biosolids generation, and installed at our Wastewater Treatment and Reclamation Facility, including: Page 2 of 3 Schwing Bioset, Inc. o Costs, footprint required, equipment and chemical costs, staffing requirements, energy requirements, maintenance schedule, regulatory requirements, etc. o Warranty, service, and technical support provided by Schwing Bioset AVAILABILITY Equipment will be on display at the WEFTEC conference in Los Angeles from October 17- 19. Upon leaving the convention center the equipment will be delivered to Meridian on Friday, October 21 or Monday October 24. The equipment will be set up on Monday, October 24 for piloting on Tuesday (Oct 25) through Friday (Oct 28) and be decommissioned upon completion of testing on Friday. If you have any questions, please don't hesitate to contact me by phone (612-867-4429) or E- mail: jdivalentino(a)schwingbioset com. Yours very truly, Schwing Bioset, Inc. Joshua R. DiValentino Western Regional Sales Manager Upon acceptance of this proposal, please sign and return to Mr. DiValentino. Accepted by: Title: may,-Iro.,. d.,..r Date: -?/—// Page 3 of 3 Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: CDBG PY2011 Action Plan Revision Approval of the CDBG PH201 1 Action Plan Revision MEETING NOTES YV r �P Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011 ACTION PLAN REVISED CITY OF ( ET)IDIAN 33 East Broadway Avenue Meridian, ID 83642 208/888-4433 112r Upon request, this document will be provided in a format accessible to persons with disabilities and/or persons with limited English proficiency. The City of Meridian prohibits discrimination on the basis of race, color, sex, religion, national origin, handicap, or familial status. City of Meridian, Idaho j 2011 Action Plan—Revised TABLE OF CONTENTS CITY OF MERIDIAN, IDAHO 2011 ACTION PLAN PAGE 2. City of Meridian CDBG Program Mission Statement 3. Consolidated Plan 4. Action Plan 5. CAPER 6. Submittal to HUD Executive Summary 3 1. Summary of PY2011 Objectives and Outcomes 5 2. Evaluation of the City's Past Performance 9 3. Summary of the Citizen Participation Process 9 A. Participation 9 B. Public Meetings 10 C. Access to Information 10 D. PY2011 Process. 10 E. Efforts to Broaden Public Participation 11 4. Summary of Public Comments 11 5. Summary of Comments not Accepted 1 I Resources 12 1. Federal, State, and Local Resources 12 Objectives, Activities, & Measures 14 1. Suitable Living Environment 14 2. Affordable Housing 15 3. Economic Development 15 4. Planning & Administration 15 Additional Requirements 17 1. Affordable Housing 17 2. Public Housing 17 3. Homelessness and Other Special Needs 17 4. Barriers to Affordable Housing 18 5. Other Actions 18 6. Impediments to Fair Housing 18 Program Specific Requirements 19 1. PY2011 CDBG Activities to Benefit LMI Persons 19 Appendix B: Tables 26 Appendix C: Certifications 40 Appendix D: SF 424 51 E: Proof of Publication City of Meridian, Idaho 2011 Action Plan—Revised .Q%'VTN,ENlrox 2011 Program Year Action Plan max° 11111!1 ��z a �nEV AN D��a Introduction 1. Purpose of this Document The City of Meridian is a designated entitlement community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to receive funds from HUD's Community Development Block Grant (CBDG) Program. The 2011 program year will mark the City's fifth year as an entitlement community. Federal regulations (24 CFR § 91.200(a) and 91.220) require the City to submit an action plan each year that describes how CDBG funds will be invested in the community. The 2011 Action Plan was developed with a strong emphasis on community input, and follows the Citizen Participation Plan set forth in Meridian's 2007 — 2011 Consolidated Plan. Through this planning effort, the City has prepared the following strategy, which will guide program expenditures over the next Program Year (PY); October 1, 2011 through September 30, 2012. 2. City of Meridian CDBG Program Mission Statement In accordance with the overarching goals of the CDBG program, as set forth in 24 CFR § 91.1(a)(1), the City's mission is to utilize CDBG funding to develop a viable urban community by providing decent housing, providing a suitable living environment, and expanding economic opportunities principally for low/moderate income (LMI) persons. The City's primary means toward this end shall be to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and non-profit organizations, in the production and operation of affordable housing. 3. Consolidated Plan A consolidated plan must be submitted every three to five years to receive federal CDBG funds. The Consolidated Plan typically results from a collaborative process where a community can scrutinize its current situation and establish a unified vision for community development actions. The City of Meridian's Consolidated Plan spans program years 2007 through 2011 and addresses the community's most critical housing and community development needs. The PY2011 Action Plan represents the last year using the 2007 — 2011 Consolidated Plan; the City will compose a new 2012 — 2016 Consolidated Plan in Program Year 2011. 4. Action Plan For every year identified in the Consolidated Plan, the City of Meridian is required to prepare a one-year Action Plan to notify citizens and HUD officials of the City's intended actions to occur during that specific year. The PY2011 Action Plan identifies the objectives the City hopes to achieve from October 1, 2011 through September 30, 2012, and outlines the activities the City will undertake to achieve those objectives. City of Meridian, Idaho 2011 Action Plan -Revised 1 5. CAPER At the end of each program year, the City of Meridian prepares a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year's accomplishments. This information allows HUD, city officials, and the general public to evaluate the City's performance and determine whether the activities undertaken during the year helped to (1) meet the City's five-year goals and (2) address priority needs identified in the Consolidated Plan and the Annual Action Plan. This annual performance report, prepared with public review and comment, is submitted to HUD annually no later than December 31. 6. Submittal to HUD In compliance with 24 CFR § 91.15(a), and in order to maintain continuity in its program and provide accountability to citizens, the City shall submit this action plan no later than August 16, 2011. The City shall submit on an annual basis a summary of its citizen participation and consultation process, an annual action plan, and all required certifications. At least every five years, the City shall submit a housing and homeless needs assessment, market analysis and strategic plan. City of Meridian, Idaho 2011 Action Plan -Revised 2 Executive Summary As an Entitlement Community, the City of Meridian receives CDBG funds each year from the U.S. Department of Housing and Urban Development. Program Year 2011 (PY2011) funding for the City of Meridian is anticipated in the amount of $230,715.00. Funds will be used to address priorities within the HUD performance measurement system to: (1) create a suitable living environment, (2) provide decent housing, and (3) create economic opportunities for the community. New this year, the CDBG Administrator formed an internal working group to review, score, and rank the applications that submitted funding requests. The applications were scored and ranked based on a matrix that provided weighted scoring to the more critical items in the application. The following is a list of the items scored on the submitted applications: 1) goals and outcomes of the proposed project, 2) the need that the proposed project addresses, 3) how the organization plans to carry out the proposed project, 4) the capacity of the organization to implement the proposed project, and 5) whether or not the organization is going to leverage any other funds for the proposed project. The scoring criteria used by the working group were provided to the applicants for informational purposes as part of the application form. Non -administrative activities planned in PY2011 focus primarily on LMI beneficiaries. Meridian will invest CDBG funds in a public facility project in an LMI neighborhood, homeownership assistance, public services, and economic development through the elimination of blight. The public facility project is proposed to be the purchase of playground equipment for an all -abilities playground in coordination with Meridian Elementary School and the Meridian Boys & Girls Club. The playground is located within Census Tract 10322, Block Group 1. Public service assistance will be provided through the Meridian Food Bank and Meridian Boys & Girls Club. Homeownership Assistance will be undertaken by two area service providers: Ada County Housing Authority and Neighborhood Housing Services. Blight will be addressed on a spot basis in coordination with the Meridian Development Corporation's Fagade Improvement Program. In addition, the City will update its Consolidated Plan during the upcoming Program Year. City of Meridian, Idaho 2011 Action Plan -Revised Table 1: General summary of activities proposed for PY2011 City of Meridian, Idaho 2011 Action Plan -Revised Categorical Categorical Category & Activity Activity Total Total Percentage Administration & Planning $46,115.00 TOTAL $46,115.00 20% Suitable Living Environment Public Facilities 33% Playground at Meridian Elementary School $75,000.00 Public Services 15% Meridian Food Bank $24,600.00 Meridian Boys and Girls Club $10,000.00 TOTAL $109,600.00 48% Affordable Housing Homeownership Assistance $35,000.00 TOTAL $35,000.00 15% Economic Development Fa ade Improvements $40,000.00 TOTAL $40,000.00 17% SUBTOTAL $230,715.00 100% City of Meridian, Idaho 2011 Action Plan -Revised 1. Summary of PY2011 Priorities, Objectives, and Outcomes In Program Year 2011, the City will invest CDBG funds according to the following priorities. Priorities are listed in order of importance and include explanations and rationale for individual project selection. Consolidated Plan objectives and the anticipated priority/project outcomes are also included for each of the four PY2011 priorities. Table 2: Summary of Expenditures by Priority PY2011 Priority Funds Allocated Percent of PY2011 Funds Allocated Suitable Living Environment $109,600.00 48% Public Facilities $75,000.00 33% Public Services $34,600.00 15% Affordable Housing $35,000.00 15% Economic Development $40,000.00 17% Planning & Administration $46,115.00 20% TOTAL $230,715.00 100% PY2011 Priority #1: Suitable Living Environment $109.600.00 In the 2011 Program Year, the City will focus on Availability/Accessibility of Suitable Living Environments in LMI neighborhoods with a Public Facilities activity. The City is proposing to allocate funds to Playground project at Meridian Elementary School, a public school. The playground will be used by all the children at Meridian Elementary and will be specially designed such that children with special needs (i.e. blind or visually impaired, in wheelchairs, using walkers, etc.) can safely access a playground and interact with other children. The proposed playground will be accessible to the general public during non -school days/hours and will also be available for use by the Meridian Boys and Girls Club which is located directly next door to the school. The project will create a recreational amenity directly in LMI Census Tract 10322, Block Group 1, but the amenity will serve the adjacent neighborhoods that are part of the service area of Meridian Elementary School. The school boundary is considered to be the service area of the new playground due to the location and use of the playground facility primarily by the students of the school. The service area encompasses all three identified LMI census block groups within the City, as well as one additional census block group. The LMI population percentage for the four identified census block groups is 45.3%. This project will receive $75,000 in funding, and the funding will be utilized to purchase the playground equipment. The playground project team is currently in the processing of raising funds and will leverage their other funding sources to pay for the construction and installation of the equipment in addition to the other amenities proposed for this location. The City will work toward Sustainability of Suitable Living Environments by investing CDBG funds in Public Services activities at the Meridian Food Bank and the Meridian Boys and Girls Club. The Food Bank has experienced an increase in demand due to the recession, and CDBG assistance will help allow them to continue providing food to area residents in need. The City is allocating $24,600 toward this project. The Meridian Boys and Girls Club will provide scholarships to LMI children to allow them to participate in fee-based programs/services at the Club. The City is allocating $10,000 toward this project. City of Meridian, Idaho 2011 Action Plan -Revised OBJECTIVE SLI.I: Invest in public facility projects that help create a suitable living environment in LMI neighborhoods. • Playground facility at Meridian Elementary School, a public school. OUTCOMES: Availability/Accessibility of Suitable Living Environment. • Create one public facility amenity that will benefit three identified LMI Census Block Groups and one other Census Block Group (defined boundary of the school) as well as the disabled students at the Meridian Elementary School and the members of the Meridian Boys & Girls Club ($75,000). OBJECTIVE SL3.3: Support public service activities that benefit presumed and document LMI residents on both an area and clientele basis. Meridian Food Bank: CDBG funding will assist the Meridian Food Bank in purchasing equipment and supplies related to their primary function; providing food to individuals and families in need ($24,600). Meridian Boys & Girls Club: CDBG funding will assist the Meridian Boys and Girls Club in providing scholarships for free or reduced membership in some of the Club's fee-based extended services. The extended programs/services are the Summer Early Risers Program, the Meridian Sunshine Club, and the Meridian Kindergarten Program ($10,000). OUTCOMES: Sustainability of Suitable Living Environment. • Provide assistance for at least 1,000 Meridian residents in need at the Meridian Food Bank. • Provide scholarships for up to 30 children to attend fee-based programs at the Meridian Boys and Girls Club. PY2011 Priority #2: Affordable Housing $35,000.00 The City will continue its partnership with Ada County Housing Authority (ACHA) in PY2011. ACHA will receive $15,000 in funding this Program Year to provide down payment and closing cost assistance to eligible homebuyers identified through the Housing Choice Voucher (Section 8) Program, thereby contributing to the Affordability of Decent Housing. In addition, the City will provide $20,000 in funding to NHS Lending, Inc. a wholly owned subsidiary of Neighborhood Housing Services (NHS) to grant down payment, closing cost, and related assistance to eligible LMI homebuyers who are not currently receiving Section 8 assistance. This will broaden homeownership opportunities for a different segment of Meridian's LMI population. OBJECTIVE DH2.2: Expand homeownership opportunities for low -moderate income individuals and families. City of Meridian, Idaho 2011 Action Plan -Revised OUTCOMES: Affordability of Decent Housing. • Assist one low/moderate income household identified through the Housing Choice Voucher Program to purchase a home in Meridian (Ada County Housing Authority, $15,000). • Assist two low/moderate income households (that are not receiving assistance through the Housing Choice Voucher Program) to purchase homes in Meridian (Neighborhood Housing Services, $20,000). PY2011_Priorily #3: Economic Development $40,000.00 Economic Development through revitalization of the Urban Renewal Area (URA) is a top priority to entice additional investment where it is needed most. The City believes that it is important to continue implementing the URA revitalization strategy, and addressing blight is a key component of that strategy. The City will partner with the Meridian Development Corporation to complete a non-residential fagade improvement project to address blight in the Urban Renewal Area. This project will be limited to exterior improvements or the correction of code violations only, as specified in the CDBG Desk Guide. The City has researched and done its due diligence on Slum and Blight Area (SBA) rules and regulations and to the best of the City's kriowledge, this activity qualifies as a SBA activity. The Meridian Development Corporation will receive $40,000 in funding for this project. OBJECTIVE E03.1: Support the efforts of Meridian Development Corporation to implement the Urban Renewal Area Plan in revitalizing downtown. OUTCOMES: Address Slum and Blight in the URA • Partner with the Meridian Development Corporation to complete at least one non-residential fagade improvement project to address blight in the URA. PY2011 Priority #4: Planning & Administration $46,115.00 In addition to keeping the Program moving forward during PY2011, Planning and Administration funding will be used by the City for updating its five-year Consolidated Plan. As part of this effort, the City will invest Planning/Administration time and funds in preparing a housing market analysis, updating the Analysis of Impediments to Fair Housing, and other related activities. Planning and Administration is funded at $46,115 for PY2011. OBJECTIVE: Efficiently administer the City's CDBG Program and plan for successful activities and beneficial outcomes in the future. OUTCOMES: A well organized, compliant, and beneficial CDBG Program. • Maintain compliance with all applicable federal, state, and local regulations. • Develop an updated Consolidated Plan to guide the City's Program. • Complete proposed activities to benefit the community. City of Meridian, Idaho 2011 Action Plan -Revised Should any of the above -proposed activities not move forward, the City may pursue the following "fall -back" activity(s) during the upcoming Program Year: If a project fails to advance during the coming year, the City is proposing two pedestrian lighting projects as possible "fall -back" activities. The first roadway segment proposed for pedestrian lighting is Cherry Lane along the frontage of Meridian Middle School. School Administration officials have indicated that there is extremely limited lighting along this roadway segment, and that there have been many safety concerns for the students walking to and from the school. The approximate cost of lighting this segment is $39,000. The second roadway segment proposed for pedestrian lighting would be on Camellia and Washington from just east of Linder Road to 8'h Street. This is a primary walking route for students at both Meridian High School and Meridian Middle School. By improving the lighting on this roadway segment, it would enhance the safety conditions for students at both schools. The approximate cost of lighting this segment is $36,000. Both roadway/lighting segments are within Census Tract 10322, Block Group 1. OBJECTIVE SLLI: Invest in public facility projects that help create a suitable living environment in LMI neighborhoods. OUTCOMES: Availability/Accessibility of a Suitable Living Environment. • Completion of pedestrian lighting of one or two roadway segments within the LMI area. City of Meridian, Idaho 2011 Action Plan -Revised 2. Evaluation of the City's Past Performance The City has successfully applied for and received the following CDBG grants through both the Idaho CDBG Small Cities Program and as an Entitlement Community. Awarded Amount Project Status 1985 $272,697 Revolving Loan Fund Closed Out 1985 $4,388 Renovate Senior Center Closed Out 1987 $5,000 Renovate Senior Center Closed Out 1988 $400,000 Public Infrastructure Closed Out 1991 $400,000 Downtown Revitalization Closed Out 1995 $52,000 Renovate Senior Center Closed Out 2004 $100,000 Renovate Senior Center Closed Out 2006 $52,900 Renovate Senior Center Closed Out 2006 $250,000 Job Creation Closed Out 2007 $230,544 CDBG Entitlement Processing 2008 $237,775 CDBG Entitlement Processing 2009 $249,947 CDBG Entitlement Processing 2010 $274,368 CDBG Entitlement Processing 3. Summary of the Citizen Participation Process The City of Meridian employs a comprehensive citizen participation process for all CDBG projects and activities. The City solicits input from Meridian residents in all phases of its Community Development efforts, from the initial planning and project/program implementation to reporting and assessing accomplishments/outcomes. This process fosters the open and inclusive identification of needs and delivery of services to City residents. It also helps to ensure that the overall direction of the CDBG program is (1) consistent with residents' expectations and (2) responsive to neighborhood and stakeholder concerns. A summary of this process is presented below as identified in 24 CFR § 91.220(b). A complete copy of the Citizen Participation Plan can be found in the Appendix of the 2007 - 2011 Consolidated Plan. A. Participation The City encourages citizen participation in all stages of the planning process. From the drafting of the Consolidated Plan to the submittal of the annual Performance Evaluation Report, the City hosts Public Meetings, provides draft copies of the Plan, encourages, accepts and incorporates citizen input and feedback, and holds special public hearings whenever any substantial amendments are proposed. The City works with non-profit organizations to encourage the participation of program beneficiaries, including low- and moderate -income residents. Bi -lingual services and additional assistance for persons with disabilities are available upon request. City of Meridian, Idaho 2011 Action Plan -Revised B. Public Meetings The bulk of Meridian's Citizen Participation process occurs through public meetings. Meridian CDBG staff hosts three public meeting during the funding cycle; one in preparation for the Consolidated Plan and its annual update through the One -Year Action Plan, one in conjunction with obtaining approval of the draft plans, and the third with the City's Consolidated Annual Performance Evaluation Report process. These meetings give residents an opportunity to comment on all aspects of CDBG program administration, as well as all activities undertaken by the City. A similar public process ensues when substantial amendments are proposed to the Consolidated or Annual Action Plans. To solicit input on CDBG activities, the City publishes notices in the local newspapers, the Valley Times and The Idaho Statesman, two weeks prior to each meeting. The notices include information about the availability of draft and final plans, which are typically available for public review at City Hall, the Public Library, the Meridian Senior Center, and on the City's website. City staff also approaches City Council periodically at their weekly public meetings to obtain feedback and direction on CDBG priorities, use of leftover funds, etc. This gives interested citizens an additional way to stay informed on how the program evolves throughout the year. C. Access to Information The City posts all CDBG-related plans (including the Consolidated Plan, annual action plans, and CAPERS) on its website for public review and scrutiny. The CDBG portion of the City's website is located at hiip://www.meridiancity.org/cdb Draft versions of all plans are available for review and comment by citizens, public agencies, and other interested parties before they are considered and acted upon by City Council and submitted to HUD. Copies of draft and final reports are available free of charge at Meridian City Hall. Requests for access to specific information can be made in advance and coordinated with City personnel. City staff is also available to persons or interested parties who require technical assistance in understanding the Plan, the preparation of comments, the preparation of requests for funding, or the process in general. Staff is readily available to receive and respond to any and all questions, comments, or concerns that arise about the CDBG program throughout the year. D. PY2011 Process The City began identifying activities for the PY2011 Action Plan in spring 2011 with requests for activity ideas, meetings, project eligibility research, etc. The City hosted a CDBG Workshop for past and potential future subrecipients on April 29, 2011 to provide information on the program and solicit project ideas. Thirteen individuals attended representing nine organizations. The City published notices in the Valley Times and The Idaho Statesman to announce a pre - draft public meeting that was held on June 7, 2011 at Meridian City Hall. Nine individuals City of Meridian, Idaho 2011 Action Plan -Revised 10 attended and discussed possible activity ideas and priorities with staff and the City Council. The input provided helped shape the draft Action Plan that went out for public comment. The following chronology summarizes the City's formal Public Participation efforts: • April 18, 2011: Contacted City Department Directors to request activity ideas. • April 29, 2011: Hosted CDBG Workshop for past subrecipients and interested organizations to learn about the Program and solicit activity ideas. • June 7, 2011: Conducted Pre -Draft Public Meeting. • June 21, 2011: Draft Action Plan released for public review and comment. • June 21, 2011: Opened public hearing and comment period for Draft Action Plan. • July 26, 2011: Closed Draft Action Plan public hearing and comment period • July 26, 2011: City Council Adopted Program Year 2011 Action Plan E. Efforts to Broaden Public Participation In addition to the steps outlined in the City's Citizen Participation Plan, staff also met with several non-profit entities including Ada County Housing Authority, Neighborhood Housing Services, Meridian Food Bank, Meridian Boys & Girls Club, and the Meridian Senior Center, to discuss possible projects and activities. 4. Summary of Public Comments The following individuals testified in support of the draft plan at the June 21, 2011 public hearing: • Colleen Braga, Director of Ada County Boys and Girls Club • Marcus Myers, Principal of Meridian Elementary School • Jana Rangel, Teacher at Meridian Elementary School • Liz Warner, Director of Meridian Food Bank 5. Summary of Comments not Accepted Greg Morris, Director of the CATCH Program, and Jeannie Buschine from the Meridian School District testified on behalf of the Charitable Assistance to Community's Homeless (CATCH) Program. The CATCH Program applied for public service funding to fund a part-time staff person in Meridian to coordinate housing and social services for families in Meridian experiencing homelessness. After listening to all the testimony, the City Council decided to not fund the CATCH Program with CDBG public service funds. City of Meridian, Idaho 2011 Action Plan -Revised 11 Resources 1. Federal, State and Local Resources CDBG and City general funds are available to support program activities. The City may consider additional partnerships with Meridian Development Corporation (MDC) and Ada County Housing Authority (ACHA) to leverage available resources and achieve maximum results. The following funding sources have been identified to help address the needs of low/moderate income (LMI) individuals and families. Some resources may be directly leveraged to help fund CDBG eligible activities, in which case all HUD regulations and requirements regarding matching will be satisfied, pursuant to 24 CFR § 91.220(c)(2). While other resources may not be able to contribute directly toward CDBG-eligible activities, they may be able to provide assistance to related support programs. These leveraged funds will be tracked and documented as part of the compliance monitoring process. Federal resources that may be made available U.S. Department of Housing and Urban Development: - Section 8 Housing Choice Voucher Program - HOME Investment Partnership Program Emergency Shelter Grant Housing Opportunities for Persons with AIDS State resources that may be made available • Idaho Community Foundation • Idaho Housing and Finance Association Idaho Department of Education Idaho Department of Environmental Quality Idaho Association of Mortgage Brokers Idaho Department of Agriculture State Tax Credits City of Meridian, Idaho 2011 Action Plan -Revised • U.S. Department of Health and Human Services • U.S. Department of Education • Federal Housing Administration Homeownership Program • Fannie Mae • Federal Emergency Management Administration • U.S. Veterans Administration • Idaho Department of Health and Welfare: - Community Services Grant - Family and Child Services - Public Health Services - Domestic Violence Grant - Idaho Children's Trust Fund • Idaho Office on Aging • Idaho Department of Justice 12 Local resources that may be made available • Meridian General Funds • Meridian Development Corporation • Ada County Association of Realtors • Ada County Housing Authority • Neighborhood Housing Services • Boise Valley Habitat for Humanity • Supportive Housing and Innovative Partnerships • El -Ada Community Action Partnership • United Way • Faith -based Organizations • Local utility companies • Individual and Business Donors • Civic Organization Donations • Volunteer in-kind services City of Meridian, Idaho 13 2011 Action PlanRevised Obiectives, Activities & Measures In PY2011, the City of Meridian will spend the majority (781/o) of non -administrative funds on activities that benefit low- and moderate -income persons or households. The remaining funds are slated for addressing economic development through the elimination of slum and blight. The City's PY2011 entitlement is anticipated at $230,715.00. Objectives, Activities, and Measures for each project/activity are outlined below. 1. Suitable Living Environment: $109,600.00 OBJECTIVE SLID: Invest in public facility projects that help create a suitable living environment in an LMI neighborhood. ACTIVITY: Playground at the Meridian Elementary School ($75,000) To achieve this objective, the City will invest in the infrastructure of a playground facility to benefit the students of the elementary school, the adjacent Boys and Girls Club members, and the residents of the identified census block groups. The land has been secured and the design of the playground has been donated by a local landscape architect. The playground will be used by the students at Meridian Elementary School, as well as the Meridian Boys and Girls Club. In addition, the school is ensuring that the playground will be open and accessible to the community during non -school hours. The playground is located within the LMI Census Tract 10322, Block Group 1. MEASURES: One (1) Public Facility. OBJECTIVE SL3.3: Support public service activities that benefit presumed and documented LMI residents on both an area and clientele basis. ACTIVITY: Meridian Food Bank ($24,600.00) The City will provide support to the Meridian Food Bank to purchase equipment and supplies related to their primary function; providing food to individuals and families in need. MEASURES: • Provide assistance for at least 1,000 Meridian residents in need. ACTIVITY: Meridian Boys & Girls Club Scholarships ($10,000) The City will provide support to the Meridian Boys and Girls Club to offer scholarships to children of LMI households for the purpose of enrolling in one or more of the Club's fee-based programs. Provide scholarships for up to 30 children to attend the Meridian Boys and Girls Club's fee based programs. City of Meridian, Idaho 14 2011 Action Plan -Revised 2. Affordable Housing: $35,000.00 OBJECTIVE DH2.2: Expand homeownership opportunities for low -moderate income individuals and families. ACTIVITIES: Homeownership Assistance The City will partner with two housing service providers (Ada County Housing Authority, $15,000; Neighborhood Housing Services, $20,000) to assist LMI buyers to purchase homes. MEASURES: Up to three LMI households assisted in the purchase of a home in Meridian. 3. Economic Development: $40,000.00 OBJECTIVE E03.1: Support the efforts of Meridian Development Corporation to implement the Urban Renewal Area Plan in revitalizing downtown. ACTIVITIES: Meridian Development Corporation (MDC) Fagade Improvement Program The City will partner with MDC to complete at least one fagade improvement project to address blight in the Urban Renewal Area (URA). This project will be limited to exterior improvements or the correction of code violations only, as specified in the CDBG Desk Guide. The City has researched and done its due diligence on Slum and Blight Area (SBA) rules and regulations particularly in regards to the establishment of the Urban Renewal Area and the plan set forth to revitalize the area. To the best of the City's knowledge, this activity qualifies as a SBA activity. MEASURES: One completed fapade improvement project in the URA. 4. Planning & Administration: $46,115.00 OBJECTIVE: Efficiently administer the City's CDBG Program and plan for successful activities and beneficial outcomes in the future. ACTIVITIES: CDBG Program Administration and Planning. MEASURES: Develop an updated Consolidated Plan to guide the City's CDBG Program. Maintain compliance with all applicable federal, state, and local regulations. Work with subrecipients to complete proposed activities and projects that benefit the community. City of Meridian, Idaho 15 2011 Action Plan -Revised Geographic Distribution Meridian's low -moderate income area is depicted in Appendix A.1. The area is bisected by Meridian Road and Main Street, which, between the railroad and Cherry/Fairview, is the City's historic downtown core. East and west of Meridian/Main, the area is primarily residential in character with the exception of some light industrial uses adjacent to the rail line. Much of the single family/detached housing stock in the area was constructed in the early to mid 1900's. There are also several multi -family complexes and mobile home parks in the LMI area and immediate surrounding vicinity. The LMI Area is the focus of location -specific activities for the upcoming program year due to the fact that this identified area has the greatest needs for improvements and services within Meridian. The City will spend approximately 81% ($149,600) of available PY2011 funds on location -specific activities in this area (after removing the Administration and Planning allocation of 20% from the total entitlement). According to current census data, there are no significant concentrations of racial or minority groups. The following projects will occur in specific locations or pre -identified geographic area: 1. Playground at Meridian Elementary School ($75,000). This playground will be located on property owned by the Meridian Elementary School located at 1035 NW I" Street. The project is located in a pre -designated LMI area as identified by HUD (Census Tract 10322, Block Group 1). The City may choose to advance public facility improvement projects within the designated LMI area of the City if other projects do not move forward during the program year. The total of these projects and/or the above identified playground project will total no more than $75,000. 2. Food Bank ($24,600.00): The Meridian Food Bank is located at 15 E. Bower Street (see Appendix A.2). This location is near the geographic center of the City's LMI area, which makes it easily accessible for residents who can most likely benefit from the services the Food Bank provides. 3. Meridian Boys & Girls Club Scholarships ($10,000): The Meridian Boys and Girls Club is located at 911 N. Meridian Road (see Appendix A.2). This location is in a pre -designated LMI area as identified by HUD (Census Tract 10322, Block Group 1). 4. Facade Improvement ($40,000): The specific location of a facade improvement project will be determined by the Meridian Development Corporation (MDC) Board. MDC's jurisdiction is the City's Urban Renewal Area as established by City Council on August 27, 2002 and recognized by HUD on March 6, 2009. A map of the Urban Renewal Area is included in Appendix A.3. The remaining projects/activities for PY2011 are not tied to any specific geographic area. City of Meridian, Idaho 16 2011 Action Plan -Revised Additional Requirements 1. Affordable Housing The City will partner with Ada County Housing Authority (ACHA) to expand affordable housing opportunity in PY2011. The City will continue funding homeownership assistance to eligible prospective buyers identified through the Section 8 program. This activity, which was a great success in past program years, will receive $15,000.00 for continuation in PY2011. This will allow ACHA to assist one eligible homebuyer in the upcoming program year. The City will also provide $20,000.00 to Neighborhood Housing Services (NHS) to provide similar assistance (down payment, closing cost, etc.) to eligible homebuyers who are not currently receiving Section 8 funds. The City does not plan to provide monetary assistance for rental purposes in the upcoming program year, but will continue to facilitate discussions with area residents and service providers. 2. Public Housing The City does not plan to contribute monetarily to expanding public housing in PY2011, but will continue to encourage homeownership for eligible buyers as described above, and participate in the regional dialogue with neighboring communities and service providers to (1) define goals and formulate a public housing strategy, (2) identify potential funding sources to implement that strategy, and (3) involve new/broader segments of the community that have not been involved in such discussions in the past. 3. Homeless and Other Special Needs In PY2011, the City's efforts to address emergency shelter and transitional housing needs of homeless individuals and families, to prevent low-income individuals and families with children from becoming homeless, to help homeless persons make the transition to permanent housing and independent living, to address chronic homelessness, and to address the special needs of non -homeless persons will occur primarily through an ongoing partnership with the Boise City/Ada County Continuum of Care (CoC). PY2011 CDBG funds will not be invested in activities specifically targeted to these objectives primarily because of the relatively small amount of its formula grant. In addition, the City is not a recipient of HOPWA formula grants. The City will participate in the CoC to identify ways of supporting area housing providers' efforts to increase affordable transitional and permanent housing facilities. The Boise City/Ada County Continuum of Care (CoC) works to provide supportive housing services to address the reasons for a persons' homelessness, which may include mental illness, disabilities, or fleeing from domestic violence. This CoC operates within Ada County, in which the City of Meridian is located. As additional information is obtained regarding homelessness within Meridian, the City will determine whether other federal, state or local/private funds can be leveraged with CDBG funding to effectively address these needs within the community in future program years. So while the City has not set specific numeric goals to assist special needs populations during Program Year 2011, it does provide support for and coordinate with an existing CoC that does provide these supportive services. If one of the proposals the City chooses to fund under the CDBG grant should specifically benefit a Special Needs population (s), quantifiable goals will be established during the contracting phase. City of Meridian, Idaho 17 2011 Action Plan -Revised 4. Barriers to Affordable Housing The City will update the Consolidated Plan during PY2011. The Consolidated Plan will include an updated market analysis and Analysis of Impediments to Affordable Housing, and the City is in discussions with Idaho Housing & Finance Association about linking this effort with a broader, statewide initiative. 5. Other Actions Over the course of the upcoming program year, the City will compile and disburse information on lead- based paint hazards in order to (1) educate the public, (2) gauge the prevalence of lead paint contamination, and (3) start to address the issue within the City. There is a wealth of information already available from HUD, the State, neighboring communities, and various organizations that staff will gather and make available at City Hall, on the City's website, and at other locations throughout the community. The City will continue to engage in the regional dialogue with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing, and reduce the number of families living in poverty. 6. Impediments to Fair Housing The City of Meridian, along with the other entitlement communities in Idaho, is coordinating with the Idaho Housing and Finance Association (IHFA) for a statewide Analysis of Impediments to Fair Housing study. In addition, the City will be conducting its own AI during the program year as part of preparing a new Five Year Consolidated Plan. The City will look to implement the actionable objectives from its individual Al in order to positively promote fair housing and to work to correct barriers to fair housing. City of Meridian, Idaho 18 2011 Action Plan -Revised Program -Specific Requirements 1. PY2011 CDBG Activities to Benefit LMI persons The majority (78%) of non -administrative expenditures this Program Year will benefit LMI residents and households. Affordable homeownership, the Meridian Boys and Girls Club scholarship program, and the Meridian Food Bank will benefit the target population on a clientele basis, and the All -Abilities Playground or other public facility projects will do so on an area basis. The City's Planning & Administration funds will go in part to updating the City's Consolidated Plan, which will determine how the City will continue to serve LMI residents and households in the future. Monitoring The City will employ a combination of formal and informal procedures to ensure the effectiveness of the CDBG program. Each activity in the PY2011 Action Plan is unique, requiring different steps and participation of different partners. The CDBG administrator will maintain regular contact with implementing partners and HUD staff to ensure that activities proposed in the Action Plan (1) comply with CDBG program requirements, (2) move forward on appropriate timelines, (3) adequately forward the goals and objectives in the Consolidated Plan, and (4) are completed successfully. As potential issues are identified, City staff will promptly contact our CPD representative to discuss appropriate ways to avoid and/or address any problems. To ensure compliance with federal regulations, including those regarding the timeliness of expenditures, the program administrator will (1) update IDIS regularly as requests for payment disbursement and activity reimbursement are received, (2) concurrently maintain a spreadsheet that tracks collective CDBG expenditures among all program years, and (3) continue working with the Finance Department on ways to refine and improve financial monitoring procedures. The City is acutely aware of the necessity to expend funds in a timely manner. Staff communicates this necessity and importance thereof to its sub -recipients in the review of the sub -recipient agreements, during on-site monitoring visits, and during on-going discussion throughout the program year. Sub - recipients are made aware of the fact that if funds are not expended in a timely manner that their CDBG funding may be in jeopardy or that they may not be eligible for funding in future program years. The City works closely with its sub -recipients to understand the issues that may affect their timely expenditure of funds and assists the sub -recipients, as it is able, to address the issues. The City will maintain detailed records to enable staff, HUD, auditors and the public to determine the status of each funded activity, as well as the overall program. City of Meridian, Idaho 19 2011 Action Plan -Revised The City will use a variety of techniques to monitor subrecipients and review for compliance. The City recently updated its monitoring policy and procedure based on comments received from HUD from their monitoring visit to the City in 2010. The City will follow the new procedure during this and subsequent program years. Expectations will be clearly outlined in sub -recipient agreements, tailored specifically to each activity and subrecipient entity. Through phone conversations, written correspondence, desk monitoring, and on-site monitoring visits, staff will review each sub -recipient's ability to meet the program's financial, production, and overall management requirements and make necessary determinations or take necessary actions to preserve program integrity. City of Meridian, Idaho 20 2011 Action Plan -Revised APPENDIX A: MAPS 1. LMI Census Block Groups 2. Meridian Food Bank, Meridian Boys & Girls Club, and Meridian Elementary 3. Urban Renewal Area Map 4. Meridian Elementary School Boundary/Playground Service Area Map City of Meridian, Idaho 21 2011 Action Plan -Revised Appendix A.1: LMI Census Block Groups Census Tract 10321, Block Group 2 (46.06% LMI) Census Tract 10322, Block Group 1 (45.01 % LMI) Census Tract 10322, Block Group 2 (72.04% LMI) PPAI'16.20N _0 b25 �,12m 250U�11 ,pool Feel �� a � ��— CHE RY FAIRi i z PINE z LI � F N FRANKLIN ❑ 77� - r 1. Legend ® LMI Census Block Groups City of Meridian, Idaho 2011 Action Plan -Revised Low -Moderate Income Area Census Block Groups 22 Appendix A.3: Map of the Meridian Urban Renewal Area City of Meridian, Idaho 24 2011 Action Plan -Revised LAI NDALE � LYNN w CHERRY FAIMl___ 5 W N I w W = W F i1w !3cv GRORER .NORTH S. EL IS iELM fw OGSBILL n -KWAGHNGTON I SWW BADLEMAPLE MAPLE '~mLNSu CAMELLIA o i DRUCKERHERRT CHERRY Z QAMELLI4 -W 'ii WASHINGTON CARN f yWu _3m 1rILR�Laa¢TOI, NASHFORD O,i SHEILNR�tJr3]�O SF TATE w APPLEGATE y-LAH i $_- (CRITERION -_ -CCCAAAry. STATE 3 �I G IINE IDAHO_BROA IDA 0 gµnu. s WAYS _. ,• _�. a.°- COMMERCIAL __'_. �.. RAILROAD". LOWER I TAYLOR DA r. TAYLOR x n KING KING O zr o. , FRANKLI CREST WOOD m 05 Q PIPER ❑ it �ty 3 K1MRq SHETT W S I- 91 NLMER KALISPELL 2 LL r O 0 HANOVER x. n GEM1I a N PENNWOO ARP Nm eGR�, RATEE SORP RATE U J Le//yyend CO Urban Renewal Area A" £ In _ WALTM1IAN O I _ EIDER of 0 ap ®Parks O a Ip:' U RW 2 S. U Schools Schools .Kip. VE NHONKER u JACKSNIPE a W 0 355710 1,420 2,130 2,840 Feet City of Meridian, Idaho 24 2011 Action Plan -Revised Appendix A.4: Map of the LMI Area, Meridian Elementary School Boundary/Playground Service Area LMI Area and Meridian Elementary School Boundary jw no— r - 4W, NAP gi L- -1, — malls H 'AMNAR P's 1 i WO, Y'�*( jft.T �14 K F ilia CHIT AMU MW 13 �� I k �&�n i H Meridian Elementary School T 141 PI[fMRVIPWl AVE ESE m'+" Playground SiteII J I - Aj 11�1� 1111114 r4 A Meridian Boys and Girls Club U 'rill I, I : TFAINKI JILIT I I I I I F11 Q —VVVfill Ul 4� 111�1 111111111H I 'TMI 7 II„�IL `FHM0 11�1.1 "IN, FI -0 -I Jw L u� Ljq 1", IIIIII V A r flF IJL[N J -W tin] .... ...... j 1 1 -f I _ NL 4_411 iii UJI 'W Min Fj IT �n r '1 J /P) WilM IV 112�4 .1 ti IWI, 111 MI9 Legend Meridian Elementary Boundary LMI Area City of Meridian, Idaho 25 2011 Action Plan -Revised APPENDIX B: TABLES 1. Joint Table 1C, 2C, and 3A -Summary of Specific Annual Objectives 2. Table 3B — Annual Affordable Housing Completion Goals Table 3C — Consolidated Plan Listing of Projects a. Program Administration b. Playground at Meridian Elementary School c. Ada County Housing Authority d. Neighborhood Housing Services e. Meridian Food Bank £ Meridian Boys and Girls Club g. Fapade Improvement Program h. LMA Pedestrian Lighting (FALL -BACK ACTIVITY) City of Meridian, Idaho 26 2011 Action Plan -Revised Appendix B.1 Joint Table 1C, 2C, and 3A - Summary of Specific/Annual Objectives Grantee Name: City of Meridian, Idaho Availabilit IA cessibility of Decent Housing H-1 Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed Afforda ility of Decent Housing H-2 Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed DH 2.2 Expand homeownership opportunities for low- moderate income individuals and families. CDBG/ Other 2007 2008 2009 2010 2011 Affordable units purchased (homeowners assisted). 0 1 1 1 2 0 3 3 N/A 300% 300% % % MULTI-YEAR GOAL 5 6 120% City of Meridian, Idaho 27 2011 Action Plan -Revised Sustainability of Decent Housing (DH-3) Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed DH 3.1 Participate on boards and committees and cooperate with other entities to promote fair and affordable housing. CDBG/ Other 2007 2008 2009 2010 2011 Activities. 1 1 1 1 1 1 2 1 1 100% 200% 100% 100% % MULTI-YEAR GOAL 5 3 60% DH 3.2 Collect and disburse information about the dangers of lead based paint. CDBG/ Other 2007 2008 2009 2010 2011 Individuals educated. 20 20 20 20 20 100 ? ? ? 500% 0% % % % MULTI-YEAR GOAL 100 100 100 Availabilit/Accessibility of Suitable Living Environment(SL-1) Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed SL 1.1 Invest in public facility projects that help create a suitable living environment in LMI neighborhoods. CDBG 2007 2008 2009 2010 2011 Public facility activities. 1 1 1 1 1 0 2 1 0% 200% 100% % % MULTI-YEAR GOAL 5 3 60% A rdabili(V of Suitable Living Environment SL•2 So tainability of Suitable Living Environment SL3 SL 3.3 Support public service activities that benefit presumed and documented LMI residents on both an area and clientele basis. CDBG 2007 2008 2009 2010 2011 Residents assisted. 5 5 5 5 5 0 13,223 29,000 0% 264,460% 580,000% % % MULTI-YEAR GOAL 25 42,223 168,800% City of Meridian, Idaho 28 2011 Action Plan -Revised Availability/Accessibility of Economic Opportunity (EO -1) Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed Affordabilit of Economic Opportunity EO -2 Sustainabilit of Economic Opportunity EO -3 Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed EO 3.1 Support the efforts of Meridian Development Corporation to implement the Urban Renewal Area Plan in revitalizing downtown. CDBG 2007 2008 2009 2010 2011 Revitalization and/or fagade improvement activities. I 0 1 1 1 0 0 0 0 0% N/A % % % MULTI-YEAR GOAL 4 0 0 Neighborhood Revitalization NR -1 Other 0-1 City of Meridian, Idaho 29 2011 Action Plan -Revised Appendix B.2 Table 3B: Annual Affordable Housing Completion Goals Grantee Name: City of Meridian Program Year: 2011 Expected Annual Number of Units To Be Completed Actual Annual Number of Units Completed Resources used during the eriod CDBG HOME ESG HOPW A BENEFICIARY GOALS Sec. 215 Only) Homeless households 0 ❑ ❑ ❑ ❑ Non -homeless households 0 ❑ ❑ ❑ ❑ Special needs households 0 ❑ ❑ ❑ ❑ Total Sec. 215 Beneficiaries* ❑ ❑ ❑ ❑ RENTAL GOALS Sec. 215 Only) Acquisition of existing units 0 ❑ ❑ ❑ Production of new units 0 ❑ ❑ ❑ Rehabilitation of existing units 0 ❑ ❑ ❑ ❑ Rental Assistance 0 ❑ ❑ ❑ Total Sec. 215 Affordable Rental 0 ❑ ❑ ❑ ❑ HOME OWNER GOALS Sec. 215 Only) Acquisition of existing units 0 ❑ ❑ Production of new units 0 ❑ ❑ Rehabilitation of existing units 0 ❑ ❑ Homebuyer Assistance 6 ® ❑ ❑ Total Sec. 215 Affordable Owner 6 ® ❑ ❑ ❑ COMBINED RENTAL AND OWNER GOALS Sec. 215 Only) Acquisition of existing units 0 ❑ ❑ ❑ Production of new units 0 ❑ ❑ ❑ Rehabilitation of existing units 0 ❑ ❑ ❑ ❑ Rental Assistance 0 ❑ ❑ ❑ City of Meridian, Idaho 2011 Action Plan -Revised Homebuyer Assistance 6 ® ❑ ❑ Combined Total Sec. 215 Goals* 6 ® ❑ ❑ ❑ OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal ❑ ❑ ❑ ❑ Annual Owner Housing Goal 3 M ❑ ❑ ❑ Total Overall Housing Goal 3 M ❑ ❑ ❑ City of Meridian, Idaho 31 2011 Action Plan -Revised Appendix B.3(a) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Program Administration Project Title PY2011 Program Administration Description The City's Overall CDBG program management, coordination, monitoring, reporting, and evaluation will include the following types of assistance: • Coordinating Fair Housing activities with regional partners • Ensuring compliance with the adopted Consolidated Plan ■ Preparing program budgets, schedules and amendments ■ Evaluating program results against stated objectives • Monitoring program activities for progress and compliance; audit and monitoring findings ■ Preparing reports and other documents for submission to HUD • Developing agreements to carry out program activities ■ Updating Five Year Consolidated Plan Objective category: ❑ Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Citywide as applicable Objective Number Project ID HUD Matrix Code CDBG Citation 21A 24 CFR § 570.206 Type of Recipient CDBG National Objective Entitlement N/A Start Date Completion Date 10/01/2011 09/30/2012 Performance Indicator Annual Units N/A N/A Local ID Units Upon Completion N/A City of Meridian, Idaho 2011 Action Plan -Revised Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total .................................................................. $46,115.00 .................................................................. ............................................................. $46,115.00 .................................................................. $46,115.00 ..........................................1........................ 32 Appendix 13.3(b) Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Suitable Living Environment Playground at Meridian Elementary School Description The City will provide funding to purchase playground equipment for a new playground to be located at Meridian Elementary School, a public school within the identified LMI area. The service area of the playground is defined as the Meridian Elementary School Boundary, and includes four census block groups. Objective category: M Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: M Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area 1035 NW lst Street, Census Tract 10322, Block Group 1—Playground location Service Area includes, Census Tract 10322, Block Groups 1 & 2 and Census Tract 10321, Block Groups 1 & 2 Objective Number Project ID SL 1.1 HUD Matrix Code CDBG Citation 03F 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Subrecipient LMA Start Date Completion Date 10/01/2011 09/30/2012 Performance Indicator Annual Units Completed Facility 1 Local ID Units Upon Completion 1 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 33 2011 Action Plan -Revised ............................................................. $75,000 .................................................................. ............................................................. $75,000 ............... .... ............................. I ............. .... $75r 000 .... ................................................ Appendix B.3(c) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title Ada County Housing Authority Homeownership Description The City will provide funding for the Ada County Housing Authority to provide direct homeownership assistance to help LMI individuals purchase homes. Objective category: ❑ Suitable Living Environment ® Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility ® Affordability ❑ Sustainability Location/Target Area Citywide as applicable Objective Number Project ID DH 2.2 HUD Matrix Code CDBG Citation 13 24 CFR § 570.201(n) Type of Recipient CDBG National Objective Subrecipient LMH Start Date Completion Date 10/01/2011 09/30/2012 Performance Indicator Annual Units Households 1 Local ID Units Upon Completion 1 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 34 2011 Action Plan -Revised $15,000.00 .................................................................. . ................1111...............................1111..... $15,000.00 .................................................................. $15,000.00 ....................................111..............1............. Appendix B.3(d) Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Affordable Housing NHS Lending, Inc. Description The City will provide funding for the Neighborhood Housing Services to provide direct homeownership assistance to help LMI individuals purchase homes. Objective category: ❑ Suitable Living Environment ® Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility ® Affordability ❑ Sustainability Location/Target Area Citywide as applicable Objective Number Project ID DH 2.2 HUD Matrix Code CDBG Citation 13 24 CFR § 570.201(n) Type of Recipient CDBG National Objective Subrecipient LMH Start Date Completion Date 10/01/2011 09/30/2012 Performance Indicator Annual Units Households 12 Local ID Units Upon Completion 2 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 35 2011 Action Plan -Revised $20,000.00 ................................................. I ............. ... ............................................................. $20,000.00 .................................................................. $20,000.00 ....................................................... I ........... Appendix 113(e) Jurisdiction's Name: Priority Need: Project Title: Description Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Suitable Living Environment — Public Services Meridian Food Bank CDBG funding will assist the Meridian Food Bank in purchasing equipment and supplies related to their primary function; providing food to individuals and families in need. Equipment may include refrigerators/freezers for food storage, a truck to pick up and transport food, and computers to (1) track food, monetary donations, and inventory, and (2) monitor and report finances for documentation purposes. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Meridian Food Bank — 15 E. Bower; East of/adjacent to Census Tractl01322, Block Group 2 Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation 05 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subreci fent LMC Start Date Completion Date 10/01/2011 09/30/2012 Performance Indicator Annual Units Residents 1,000 Local ID Units Upon Completion 1,000 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 36 2011 Action Plan -Revised .................................................................. $24,600.00 .................................................................. $24,600.00 .................................................................. ......................................................... $24,600.00 ...................... Appendix 13.3(1) Jurisdiction's Name: Priority Need: Project Title: Description Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Suitable Living Environment — Public Services Meridian Boys & Girls Club CDBG funding will assist the Meridian Boys and Girls Club in providing scholarships to children of LMI households for the purpose of attending the Club's fee based programs. Objective category: M Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: M Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Meridian Boys and Girls Club — 911 N. Meridian Road, Census Tract 10322, Block Group 1. Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation 05L 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 10/01/2011 09/30/2012 Performance Indicator Annual Units Residents 30 Local ID Units Upon Completion 30 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 37 2011 Action Plan -Revised .......................00............................................ $10, 000 .................................................................. $10,000.00 ..........................................1....................... ............................................................. $10,000.00 .................................................................. Appendix 11.3(g) Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Economic Development Fagade Improvements Description Partner with Meridian Development Corporation to complete one non-residential fagade improvement project to address slum and blight in the Urban Renewal Area. Objective category: ❑ Suitable Living Environment ❑ Decent Housing M Economic Opportunity Outcome category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Project will be located within the City's urban renewal area. The exact location will be determined by the MDC Board. Objective Number Project ID E03.1 HUD Matrix Code CDBG Citation 14E 24 CFR § 570.202(a)(3) Type of Recipient CDBG National Objective Subreci lent SBA Start Date Completion Date 10/01/2011 09/30/2012 Performance Annual Units Indicator: 1 Facades improved Local ID Units Upon Completion 1 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 38 2011 .action Plan -Revised ............................. $40,000.00 .................................................................. ............................................................. $40,000.00 .................................................................. .....................................-..................... $40,000.00 . ............ ............-..................... ........ ........... Appendix B.3(h) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment Infrastructure Improvement/Public Facilities Project Title: Pedestrian Lighting Description (FALL -BACK ACTIVITY) Should any activity proposed in PY2011 fail to move forward, the City will design and install pedestrian lighting improvements along one or two roadway segments in the LMI area around Downtown. The first roadway segment proposed for pedestrian lighting is Cherry Lane along the frontage of the Meridian Middle School. The second roadway segment would be on Camellia and Washington from just east of Linder Road to 8th Street. Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area Census Tract 10322, Block Group 1 (45.01% LMI) Objective Number Project ID SLIA HUD Matrix Code CDBG Citation 03K 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Subrecipient LMA Start Date Completion Date 10/01/2011 09/30/2012 Performance Indicator Annual Units Completed Facility 2 Local ID Units Upon Completion 2 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 39 2011 Action Plan -Revised .................................................................. $75,0 .................................................................... ............................................................. $75,000.00 $75,000.00 ............................. ...... .... ........-.................. APPENDIX C: CERTIFICATIONS CPMP Non -State Grantee Certifications �Q4N DEv��D Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. ❑ This certification does not apply. ® This certification is applicable. NON -STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of Impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antldlsplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged In the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; S. Notifying the agency In writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the Identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti -Lobbying -- To the best of the jurisdiction's knowledge and belief: City of Meridian, Idaho 40 2011 action PlanRevised 8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of ]urisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and Implementing regulations at 24 CFR Part 135. Sig natu e/ thorized Official Date /ammj Name Title 33 E. Broadway Address Meridian, Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 41 2011 rection Plan -Revised ❑ This certification does not apply. ® This certification is applicable. Specific CDBG Certifications The Entitlement Community certifies that Citizen Participation -- It is In full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria It. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2010 and 2011 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate -Income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing 14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti -discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, 1, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. City of Meridian, Idaho 42 2011 Action Plan -Revised Signature/ ut rized Official Date Name Title 33 E. Broadwa Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 43 2011 Action Plan -Revised ® This certification does not apply. ❑ This certification is applicable. OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 44 2011 Action Plan -Revised ® This certification does not apply. ❑ This certification is applicable. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction Intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 45 2011 Action Plan -Revised ® This certification does not apply. ❑ This certification is applicable. HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non -substantial rehabilitation or repair of a building or structure. Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 46 2011 Action Plan -Revised ❑ This certification does not apply. ®This certification is applicable. ESG Certifications I, Mayor Tammy de Weerd, Chief Executive Officer of the City of Meridian, Idaho, certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. 5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or City of Meridian, Idaho 47 2011 Action Plan -Revised termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client -level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulation -the U. S. Department of Housing and Urban Development. Signature/ thorized Official Date Name Title 33 E. Broadway Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 48 2011 Action Plan -Revised ❑ This certification does not apply. ® This certification is applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug -Free Workplace Certification 3. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 4. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug - Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. S. Workplaces under grants, for grantees other than individuals, need not be Identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the Identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 6. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 7. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously Identified the workplaces in question (see paragraph three). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street City County State Zi Meridian City Hall 33 E. Broadway Meridian Ada ID 83642 9. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; J. all "indirect charge" employees unless their impact or involvement Is Insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). City of Meridian, Idaho 49 2011 Action Plan -Revised Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti -displacement and Relocation Plan Signature/Aut rized Official Date Name Title 33 E. Broadway Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 2011 Action Plan -Revised 50 APPENDIX D: SF 424 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *1. Type of Submission: *2. Type of Application If Revision, select appropriate letter(s) ❑ Preapplication ❑ New ® Application ® Continuation *Other (Specify) ❑ Changed/Corrected Application ❑ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by Slate: 7. Slate Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: CITY OF MERIDIAN, IDAHO *b. Employer/Taxpayer Identification Number (EIN/TIN): c. Organizational DUNS: 82-6000225 028 451 367 d. Address: *Street 1: 33 E. Broadway Street 2: *City: Meridian County: Ada *State: Idaho Province: *Country: USA *Zip / Postal Code 83642 e. Organizational Unit: Department Name: Division Name: Meridian Planning Department f. Name and contact information of person to be contacted on matters involving this application: Prefix: *First Name: Lori Middle Name: *Last Name: Den Hartoa City of Meridian, Idaho S1 2011 Action Plan -Revised Suffix: Title: CDBG Administrator Organizational Affiliation: *Telephone Number: 208-884-5533 Fax Number: 208-888-6854 *Email: Idenhartog@meridiancity.org OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: HUD 11. Catalog of Federal Domestic Assistance Number: CFDA Title: *12 Funding Opportunity Number: 14.218 *Title: COMMUNITY DEVELOPMENT BLOCK GRANT/ENTITLEMENT GRANTS 13. Competition Identification Number: Title: City of Meridian, Idaho 52 2011 Action Plan -Revised 14. Areas Affected by Project (Cities, Counties, States, etc.): CITY OF MERIDIAN, IDAHO *15. Descriptive Title of Applicant's Project: Investment funds to create/sustain suitable living environments, expand affordable housing opportunities, eliminate slum and blight, and administer the CDBG program. OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 16. Congressional Districts Of: *a. Applicant: 1 *b. Program/Project: 1 17. Proposed Project: *a. Start Date: 10/01/2011 *b. End Date: 09/30/2012 18. Estimated Funding ($): *a. Federal 230,715.00 *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 230,715.00 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ❑ Yes ® No City of Meridian, Idaho 53 2011 Action Plan -Revised 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® ** I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: *First Name: Tammy Middle Name: *Last Name: De Weerd Suffix: "Title: Mayor *Telephone Number: 208-888-4433 Fax Number: 208-884-8723 *Email: deweerdt@meridiancity.org *Signature of Authorized Representatio�:�^% ,ry��jr! �fJ1a/a Date Signed: Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 City of Meridian, Idaho 54 2011 Action Plan -Revised OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 City of Meridian, Idaho 55 2011 Action Plan -Revised *Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. City of Meridian, Idaho 56 2011 Action Plan -Revised INSTRUCTIONS FOR THE SF -424 F'u blit reporting burden for this eo"ecdon of information is estimated to average 60 Knutes per response. including rme for review ag instructions, search'ng existing data sources, gathering .surd maintaining the data needed,. and completing and reviewing the collection of infi tr ion. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggesticns for reducing this burden, to the Office of Management and Budget, Psperssork Reduction Project (0348-0043),'N3shingion. DC 20603. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Ibis is a standard form (i Ldudin; the contiunatiou _beet) required far uie as a cover Amer for submission ofpreapplicatious and applications and related iuformaticn under diSc:mdouary programs. Some of ibe items are regAmd and some are optional at tba discretion of The applicnar or the Federal �ageucy (ageucy). Fequired items are identified wiTli au asterisk on Elie fonu eedarespecified in Che instnuctfoni below. In addition to the iustructious providedbei applicants must cousn7taSeucy instructions to determine spe.ific requirements. Item Entry: hent Enir• : 1. Type of Submission: (Request Select one type of submiss on in accordance oath agency instructions. 1D. Name Of Federal Agency: (Required) Enter the name of the Federal agency from wh--ch assistance is being requested with Preapplicsticn this application. Appfloation 11. Catalog Of Federal Domestic Assistance NumbertTitle: ChangedlCorrected Application — If requested by the agency, check if This submission is to change or correct a previously submitted Enterlhe Catalog c'Federal Domestic Assistance numberand app7nation. Unless requested by the agency, applicants may not title of the program under which assistance is requested, as use this fi submit changes after the closing date. found in the program announc i, if aoWcalii. 2. Type of Application: (Required) Select one type of application in 12. Funding Opportunity NumbedTiffe: {Regtrred) Enter the accordance with agency instructions. Funding Opportunity Number and bile of the appaiunily under • New—An .applicalicn that is being submitled to an agency for the which assistance is requested, as found in the program First time. announcement. • Contnua6an-An extension for an additional fundingfbudget period fora protect with a projected camp"eiian date. Th -s can include renewals. • ReVston -Any change in the Federal Government's hianral 13. Competition Identification Number -Title: Enter the Corripegtion Identification Number and title of the eompeittian under which assistance is requested, if app`cabfe. ob. kation or contingent "iability born an existing obligation. '.f a revision, enter the appropriate fetter(s). More than one may be selected. If "Oilier' is selected, please spedly in lent box provided. 14. Areas Affected By Project: Listthe areas oreniities using A- Increase Award B. Decrease Award the categories (e.g_ cities, czunties, states, etc.) specfied in C- Increase Duraron D. Decrease Duraton agency instructions. Use the cenfiluation stieette enter E. Other (specify) add`tional areas, if needed. 3. Date Received: Leave this field blank- This date will be assigned by the 15. Descriptive Title of Applicant's Project: {Requmd) Enter a Federal agency. brief descriptive the of the prai If appropriate-, attach a map showing project localion (e.g.. construction or real properly projects). For preaWcations, allich a summary 4. Applicant Identifier: Enter the entity identifea ass:gi ed by the Federal spency, if any. or apps cant's conlral number, if app°cai desorption of the project. 5a Federal Entity Identifier: Enter the number assigned to your organizatian by the Federal Agency, if any. 10. Congressional Districts OF. (Required) 16a. En ver the app! cams Congressional Dialect, and 18b. Enter all D. strict(s) affected by the program or protect. Enter in th a FormaL2 5b. Federal Award Identifier. For neer applicatRxs leave blank. For a ccntinuatfon or revision to an existing award, enter the previously assigned Federal award identifier number. If a changed+corrected applicafian, enter the Federal Identifier in acoordance with agency characters State Abbreuiatian — 3 characters District Number, a -g., CA -045 for California 5r' district. CA -012 For Cafornia 12" district, NC -103 for North Carolina's IOP ctstrid. instructions- If a7 congress -venal districts in a state are affected,. enter 'all" lar the district number, e.g., h1D-all for all 6. Date Received by State: Leave this Feld blank. This date rill assigned b the State, ifs livable- congressional districts in Marland. V nationwide. i.e. alt districtswithin all states are affected, enter US -all - T. State Application Identifier: Leave anis field blank.''€his ident be assigned by the State, if applicable. Jagency the prograndproject is outside the US, enter GM01). 8. 8. Applicant Infomratign: Enter the following rn accordance w.lh instructionsa. Legal Name=(Required): Enter the legal name of appcant i17. undertake the assstanoe aoivity This is the name that he ergan izaiion has registered with the Central Contractor Reaisiry. Information on Proposed Project Start and End Dates: (Required) Enter the pmpased start date and end date of the protect. renislering min CCR may be obtained by visitirm the Gran€s. v ov website. b. Empfoyen Taxpayer Number (ElNITIN): (Required): Enter the Employer orTaxpayer Identikcatan Number ZEIN or TIN) as assigned by la. Estimated Funding: (Required) Enterthe amount requested the Iniemal Revenue Service. If your organization is not in the US, enter 444444444. or to be contributed during the fist fundingfbudget period by each contributor. Value of in-kind contributions should be c. Organizational DUNS: (Required) Enteriheorganizatgn's DUNS cr DUNSt4 number received from Dun and Bradstreet. Infam iign on included on appropriate rhes, as applicable- If the attar will result in a dollar change to an existing award, indicate only the obte'n-ng a DUNS numbsr may he obtained byvsiinp the Grants.gav website. amount of ilia change. For decreases, enclose the amounts in parentheses. d. Address: Enter the complete address as follows: Street address {Line 1 m red), City {Requiredi, County, State (Required, if country is US), Prov;nce, Country (Required). ZipiPoslal Code (Required, if ccualry is U51. 19. Is Application Subject to Review by State Under Executive Order 12372 Process? AppCcants should contact the State Sime Paint of Contact (SPDC) for Federal Executive Order 12372 to determine whether Coe application is sidb d to the e. Organizational Unit: Enter the name of the primary organizational unit and de artment or division, ifapplicable) that will undertake the City of Meridian, Idaho 58 2011 Action Plan -Revised assistance activity, If applicable. State intergovernmental review process. Seer. the f. Name and contact information of person to be contacted on appropriate box. Ii 'a.' (s se"ected, enter the date the matters involving this application Flier the name (First and last name app`catbn was submitted to the State required), crganizatibn.al affiliation (if affiliated with an arganizAbn other 20. Is the Applicant Delinquent on any Federal Debt? (Required) Select the appropriate box_ This queston applies to than the app'sant organization), telephone number {Required), fax number, and ema7 address (Required) of the person to contact on natters related to this application_ the applicant organfzaton. not the person who signs as the authorized representative. Categuess of debt include delinquent audit dila ofnanoes, bans and taxes. tf yes. include an explanation an the continuation sheet. P. Type of AW.cant:(Required) 21. Authorized Representative: tRequrred) To be signed and Select up to three applicant t'/pefs) in accordance with agency dated by the authorized representative of the applicant nsbucticns. organ zation Enter the name IFlrst and last name requ.ma) A. State Gavemmen` M. Nonprofi vrith EDI C2IRS titre (Required). telephone number (Rc-quiredi, fax number. B. County Government Status (Other than Instituton and email address (Required) of the person authorized to sign C. City or Totxnship Gcvemment of Higher Education) for the applicant. D. Special f .strict Gcvemment N. Nonproti vrithout aOIC3 IRS A copy of the governing body's authorizatav for you to sign E. Regional Organization F. V.S. Terelory or Possession Status (Cdher than Instituron of Higher Education) this applioat'an as the official representative must be on Ve in the applicant's offve. (Certain Federal agencies may require G. independent S&ool District 0. Private Institution of H-gher that this aufhorizaiicn be submitted as part of the app`catbn.) H. PuV LgStste Controlled Educaton (nsittution of Higher Education P. Individual I. rndiariMative American Tribal d. For-ProEi Organizaton Govemrnent(Federa"y (Other than Small Business) Recognized) R. Small Business J. rndianfNat(ve American Tribal Government Otherthan S. H;span-a-seri.ng±nsfitugcn T. H-storically Black Co^eges Federally Recognized) and Uri versites (HBCUs) K. rndia Maifive American U. Tribally ConbVied Colleges Tribally Designated and Un"versWes (TGC Us) Organization V. Alaska Native and Natve L. Pub`.dlnd-an Housing Havraran Serving Institutions A»thority W. Non-domestic(ncn-US) Entity X. Other {specify) City of Meridian, Idaho 58 2011 Action Plan -Revised APPENDIX E: PROOF OF PUBLICATION - COMMENT PERIOD LEGAL NOTICE CITY OF MERIDIAN NOTIM OF PUBLIC NEARING AND PUBLIC COMMENT PERIOD nui p Mbr�idmia0�s@�o = {imntiCDBG1 Program Pub. June 6,13, 2011 IXi116S6A62501 City of Meridian, Idaho 59 2011 Action Plan -Revised DATE: Meridian City Council Meeting 27, 2011 ITEM NUMBER: Ca PROJECT NUMBER: ITEM TITLE: CDBG Resolution Resolution No. Resolution adopting CDBG PY201 1 Revised Action Plan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 4o-5 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING SUBMISSION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2011 ACTION PLAN AS REVISED TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that an annual action plan be submitted to the United States Department of Housing and Urban Development ("HUD") in order to receive Community Development Block Grant ("CDBG") funding for the Program Year of 2011; and WHEREAS, the City held a public hearing on the Program Year 2011 Action Plan on July 26, 2011, and held a public comment period on the draft application materials from June 21, 2011 to July 26, 2011. WHEREAS, with the Adoption of Resolution No. 11-796, the City approved the Program Year 2011 Action Plan on July 26, 2011 and forwarded it to HUD for review and comment; WHEREAS, HUD reviewed the Program Year 2011 Action Plan, provided comments and requested revisions to the 2011 Action Plan in a letter to the City dated August 30, 2011; WHEREAS, the City revised the Program Year 2011 Action Plan in accordance with the comments provided by HUD, and this resolution is intended to SUPERSEDE and REPLACE Resolution No. 11-796; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Revised Program Year 2011 Action Plan and its certification documents, copies of which are attached hereto as EXHIBIT A and incorporated herein by reference, be, and the same hereby are, approved as to both form and consent. Section 2. That this Resolution supersedes Resolution No. 11-796. Section 3. That the Revised Program Year 2011 Action Plan attached hereto replaces the Action Plan approved by the City of July 26, 2011. Section 4. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attend the certifying documents for the Program Year 2011 Action Plan for and on behalf of the City of Meridian. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION APPROVING REVISED CDBG DOCUMENTS —Page 1 OF 2 OPTED by the City Council of City of Meridian, Idaho this day of 77 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this day of `-' , 2011. ATTEST: 0 aycee APPROVED: Mayor T de Weerd . Holman, City Clerk !? a R ; ♦ � t. �� art `! .�� �•u,n ��' '� "q �,� �+ •:� '+s,. r RESOLUTION APPROVING REVISED CDBG DOCUMENTS Page 2 OF 2 Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Resolution - Mayor Performance Review Committee Resolution No. It —10(p Mayor and City Council Establishing a Mayor Performance Review Committee and Providing an Effective Date MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. //40,(o BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL ESTABLISHING A MAYOR PERFORMANCE REVIEW COMMITTEE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian has, pursuant to City Ordinance, convened a citizen's panel each City election year since 2005 to evaluate compensation for the Mayor and City Council members; and WHEREAS, in 2011 the recommendation of the panel was to establish a permanent City committee compromised of citizen's to establish benchmarks for performance review for consideration of additional or variable compensation for the Mayor of the City of Meridian; and WHEREAS, said benchmarks shall be created by the committee with input from the Mayor and reviewed by the City Council; and WHEREAS, the following members of the Meridian community have agreed to serve on said committee at this time: Dr. Tom Hammond Chris Klein Thomas Sauer Clint Shiflet David Turnbull Bill Nary (ex -officio) NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a committee is hereby established as the Mayor Performance Review Committee; and Section 2. That the initial members shall be Dr. Tom Hammond, Chris Klein, Thomas Sauer, Clint Shiflet, David Turnbull, Bill Nary (ex -officio) and shall serve on the Committee until they resign or are replaced by Resolution of the City Council; and Section 3. That the Committee shall establish criteria and benchmarks to assess the performance of the Mayor of the City of Meridian annually. Said benchmarks shall be created with the assistance of the Mayor and reviewed by the City Council annually; and Section 4. That the Committee shall make annual reports to the City Council on the performance of the Mayor in relation to the benchmarks that have been established and make MAYOR's PERFORMANCE REVIEW COMMITTEE - PAGE 1 OF 2 recommendations to the City Council as to whether the Mayor should receive additional or variable compensation for achieving or exceeding the established benchmarks; and Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 44— ADOPTED by the City Council of the City of Meridian, Idaho, this �7 day of r . 1 APPROVED by the Mayor of the City of Meridian, Idaho, this a� day of lriom.f 1 APPROVED: ,s Mayor T de Weerd ATTEST: n n u (n! u y By: 1 aycee lman, City Clerk ! M1 //1gNll uf51��� MAYOR'S PERFORMANCE REVIEW COMMITTEE - PAGE 2 OF 2 Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved from Consent MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Department Reports Mayor's Office - Mayor's Youth Advisory Council (MYAC) Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Department Report Legal Department - Lakeview Golf Club Request for Lease Payment Waiver MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Department Report Legal Department -Meridian Entrepreneur Think -Tank Request for Waiver of Certificate of Zoning Compliance (CZC) Fee MEETING NOTES / 61 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS September 20, 2011 City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Attn: City Clerk To whom it may concern: i fl z'' 'o v � I ''19t t9 G.{d7i This letter is to request waiver of the Certificate of Zoning Compliance fees assessed in the amount of $453.00 on It CZC-11-036 for the Meridian ETC, LLC. We would appreciate the consideration of the City Council in this matter. C lie La son, Executive Managing Member Me­ndian ETC, LLC 33 E. Idaho Ave. Meridian, ID 83642 208.602.5129 Meridian City Council Meeting September 27, 2011 ITEM NUMBER: In 17 PROJECT NUMBER: -7 A ITEM TITLE: Department Report Public Works - Water Conservation Plan Development MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN-- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, PE Assistant City Engineer DATE: September 13, 2011 Mayor Tammy de W eerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Request for September 27 City Council Meeting Agenda Item Under Department Reports: Water Conservation Plan Development I. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, Engineering Manager 489-0350 Tom Barry, Public Works Director 489-0372 II. DESCRIPTION A. Background The 2010 update to the City's Water Master Plan is nearly complete (last update was 2006). A common component found in Water Master Plans is a Water Conservation Plan. Meridian has never developed a formal Water Conservation Plan. This task was added to the City's 2010 Water Master Plan update. City staff will be largely responsible for implementing the plan, and are taking a lead role in its development. A key component of the development of the Water Master Plan is public participation. With Council approval last fall, a working group was formed from residents and businesses that developed goals, objectives and strategies which have been included in a draft Water Conservation Plan. The draft 2011 Meridian Water Conservation Plan is complete. Staff is requesting that Council review and comment on the draft plan and provide input for reaching out to the public, finishing the plan and adopting the plan. Page I of 2 III. IMPACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. This particular project focuses on ensuring that our resources are conserved to be able to meet the needs of our community into the future. B. Service/Delivery Impact: Finalizing and adopting the Water Conservation Plan will have a long-term impact on service by helping to ensure water is available as the community grows. It will also serve to strengthen the relationship between City service providers and customers through communication regarding water conservation. C. Proiect Costs: Total budget recommended in the draft 2011 Meridian Water Conservation Plan is $20K per year to be dedicated to activities and staff time related to following the conservation actions recommended in the plan. At least $5K of this amount can be offset by decreasing the advertising / outreach budget of the Water Division which previously took responsibility for all Water Conservation efforts. The draft plan now recommends these responsibilities be administered by the Environmental Division. Approved for Council Agenda: Page 2 of 2 DRAFT CITY OF MERIDIAN IDAHO C�WEIIDZ IAN� 2011 WATER CONSERVATION PLAN City of Meridian Water Conservation Plan Table of Contents SECTION 1— INTRODUCTION AND SUMMARY 3 PURPOSE AND SCOPE OF THE PLAN........................................................................................................................... 4 PLANELEMENTS....................................................................................................................................................... 7 RESOLUTION AND ADOPTING THE PLAN................................................................................................................... 7 SECTION 2 — AREA CHARACTERISTICS PHYSICALSETTING................................................................................................................................. WATERSYSTEMS.................................................................................................................................... DEMOGRAPHICS FORECAST.................................................................................................................... SECTION 3 — ANALYSIS OF HISTORICAL AND PROJECTED WATER DEMAND HISTORICAL WATER USE - POTABLE WATER ............................. HISTORIC WATER USE - SURFACE WATER ................................. SUMMARY OF PROJECTED DEMAND - POTABLE WATER ............. SECTION 4 — WATER SUPPLY SOURCES OF WATER - CURRENT CAPACITY AND SOURCE OF SUPPLY .......................... SUSTAINABLE YIELD.................................................................................................... SUPPLY AND DEMAND BALANCE.................................................................................. SECTION 5 — RECLAIMED WATER PLAN ............ 8 .................................15 ................................. 15 ................................. 15 ................................. 15 CITY'S CURRENT AND PLANNED RECLAIMED WATER PROGRAM............................................................ SECTION 6 — CURRENT WATER CONSERVATION PLAN........................................................... MEASURES IMPLEMENTED....................................................................................................................... MANAGEMENT OF NON -REVENUE WATER.............................................................................................. 17 17 18 18 18 SECTION 7 — POTENTIAL CONSERVATION ACTIONS...............................................................................19 SECTION 8 — RECOMMENDED PLAN............................................................................................................... 20 SECTION 9 — WATER SHORTAGE PLAN......................................................................................................... 24 WATER SHORTAGE PLAN ELEMENTS...................................................................................................................... 24 WATER SUPPLY CONDITION 1: POSSIBLE WATER SHORTAGE PREDICTED............................................................. 26 WATER SUPPLY CONDITION 2: PROBABLE WATER SHORTAGE PREDICTED........................................................... 27 WATER SUPPLY CONDITION 3: WATER SHORTAGE EMERGENCY........................................................................... 28 APPENDIX A — WATER CONSERVATION WORKING GROUP MEMBERS ............................................. 29 APPENDIX B — CONSERVATION ACTIONS CONSIDERED......................................................................... 30 APPENDIX C — CITY CUSTOMER PROFILE................................................................................................... 35 APPENDIX D — DEFINITIONS.............................................................................................................................. 36 APPENDIX E — LIST OF TABLES AND FIGURES..............................ERROR! BOOKMARK NOT DEFINED. 7/13/2011 DRAFT Page 2 of 37 City of Meridian Water Conservation Plan List of Figures and Tables Figure 2-1 Historic Population Trend............................................................ Table 2-1 Service Area Population Projections ............................................. Figure 3-1 Historical Water Production......................................................... Table 3-1 Historical Per Capita Demand - Potable Water ............................. Table 3-2 Projected Demand Without Conservation ..................................... Figure 3-2 Demand Projections to 2060 ........................................................ 7/13/2011 DRAFT Page 3 of 37 City of Meridian Water Conservation Plan Section 1— Introduction and Summary Meridian Idaho is a community situated in a high desert location that may have been summarily dismissed as uninhabitable by people traveling along the Oregon Trail to greener lands along the west coast. Meridian only receives about 12 inches of precipitation per year. The native landscape is sparse, mostly treeless and the summers are hot and dry. The federal construction of water storage dams and irrigation canals allowed surface water from the Boise River watershed to be delivered throughout the area, including virtually all land in the past, present and future city limits of Meridian. This surface water supply has enabled the development of agriculture and industry. Although Meridian land is served by surface water providers for irrigation, the City relies exclusively on groundwater for its municipal water source. This groundwater is present both from the effects of leaking canals, long term flood irrigation and from natural recharge. The City operates and maintains 18 wells that pump approximately 3 billion gallons of groundwater annually. The City has monitored pressures in the aquifer system over the last several years and has not found any statistically significant decline that would indicate water is being used faster than recharge is occurring. In summary, the City of Meridian has not experienced water supply shortages and future water supplies appear to be assured for many years. So, Why Conserve? Even if the details of how are complex, the answer to why is simple: Although it is plentiful now, annual water supply for Meridian residents by surface water or groundwater is a finite resource. It is one factor that has the potential to limit growth and industry in the area and in the City itself. Not only can a shortage of clean water limit growth, but there are other negative consequences including the economic burden of increased cost of water on residents and businesses. In addition to affecting the overall supply of water, conservation can: • Decrease reliance on development of new sources of water supply • Delay or reduce capital investments for water and wastewater • Reduce operation and maintenance costs for water and wastewater • Improve supply reliability • Encourage the most beneficial use of available water for residents of Meridian and the surrounding area Purpose and Scope of the Plan The overriding purpose of adopting and implementing a water conservation plan is to ensure an ample supply of clean, safe, affordable water for current and future City residents. Additionally, studying water conservation can help define and adjust limits for our current water supply. 7/13/2011 DRAFT Page 4 of 37 City of Meridian Water Conservation Plan Purpose The purpose of the conservation plan is to preserve, protect and extend the useful life of the City's current water supplies by reducing per -capita water consumption. Scope As part of the 2011 Water Master Plan, the City held a workshop to discuss long-term water supply issues. The workshop was attended by City staff, elected officials, and subject matter experts. As a result of that effort and further direction, the following scope was developed for the Water Conservation Plan: Plan Term The objectives of this plan have a time frame from 1-10 years. Because this is the City's first formal Water Conservation Plan, there are many unknown factors that will influence future versions. Primarily, it is unknown to what extent different conservation actions will influence residents. The overall plan should be re-evaluated in 3-5 years, however, specific conservation actions should take place or be evaluated annually or even on shorter schedules as indicated in the Conservation Actions matrix. Groundwater Vs Surface Water The City of Meridian currently uses groundwater as its only source of potable water for residents. The City currently has no control over the delivery or allocation of surface water to residents. In fact, since residents pay a fixed fee for surface water regardless of the quantity used, there is no fiscal incentive for them to conserve. Regardless of current delivery practices, the City staff and elected officials realize that the yearly supply of surface water is a variable and finite resource that has a great impact on the economy and quality of life for Meridian residents. Even if surface water conservation has no immediate benefit or need for residents, population growth, climate change, and other factors will likely change that in the future. Understanding that the culture of water conservation is developed over time, this plan recognizes that starting the effort before there is a dire need will help ensure future success. For these reasons, this plan encourages the conservation of both groundwater and surface water. Plan Data Much of the data used in this plan was assembled and presented as part of the 2011 Water Master Plan update for the City of Meridian. This plan was developed by Murray, Smith and Associates and staff from Meridian Public Works Engineering and Water Operations. The Water Master Plan should be consulted for more detailed information or explanation of how data was gathered, assembled and analyzed. Plan Development and Public Participation The goals, objectives, guidance and determination of appropriate conservation measures for the City have been developed cooperatively by a Water Conservation Plan Working Group composed of citizens, business representatives and City staff. Working Group members were sought out through website advertisement, outreach activities and individual contacts. Staff 7/13/2011 DRAFT Page 5 of 37 City of Meridian Water Conservation Plan made specific efforts to ensure that different groups of customers were represented. The City of Meridian is grateful for the time and effort these members provided. Conservation Plan Working Group Members are found in Appendix A. Specific objectives of this 2010 Water Conservation Plan Working Group: • Identify goals of the Meridian Water Conservation Plan by 3/30/11. • Identify objectives of the Meridian Water Conservation Plan by 4/30/11. • Identify a Water Conservation Coordinator by 3/30/11. • Examine potential conservation measures and select appropriate measures to recommend for implementation by 6/30/11. These include measures for a water shortage plan. • Recommend an annual budget for water conservation by 6/30/11. • Recommend a complete Water Conservation Plan for Council approval by 9/30/11. 7/13/2011 DRAFT Page 6 of 37 City of Meridian Water Conservation Plan Conservation Plan Goals Meridian Water Conservation Plan Long Term Goals were developed by the working group described above with input over several weeks and workshops. They are: • Ensure an adequate, sustainable and reliable supply of water at a reasonable cost for current and future needs of the community. • Promote environmentally and economically sound use of available water resources. • Protect and preserve water resources through leadership, research, cooperation with other stakeholders, and education. • Prepare for drought and water emergencies. Conservation Plan Objectives The Working Group developed some specific objectives that could be used to guide what conservation actions would be recommended. • Adopt a formal water conservation plan by October 1, 2011. • Adopt a water shortage plan by October 1, 2011. • Establish an ongoing water conservation education program for the Meridian community by 2013. • Evaluate and report on the effectiveness of the Water Conservation Plan to the community annually; share experience, lessons learned, generate public involvement and get feedback. • Reduce Meridian customer potable water per capita use by 3% by 2015, in addition to the reduction achieved by the addition of more customers who use surface water for irrigation. • Provide leadership by convening stakeholders within the Lower Boise watershed and developing a water conservation partnership by 2015. • Gather hydrogeologic data and develop a realistic working model of aquifer system around Meridian by 2013. Develop fresh water supply projections (sustainable aquifer yield) by 2015. • Reclaim and reuse 80% of Meridian's wastewater by 2030. • Establish cooperative relationships with surface water providers by 2013. Plan Elements This plan includes four basic elements: • Study area characteristics • Analysis of historical and projected water demand • Water supply • Past, current and future conservation measures Resolution and Adopting the Plan It is intended that this plan will be reviewed, approved and adopted by the City Council. 7/13/2011 DRAFT Page 7 of 37 City of Meridian Water Conservation Plan Section 2 —Area Characteristics Physical Setting The City of Meridian is located in Southwestern Idaho approximately 32 miles east of the Oregon border and approximately 110 miles north of the Nevada border. The City is named for Idaho's principle meridian used for the initial survey of the state. Meridian was established in 1893 and incorporated as a village in 1903 with a population of approximately 200. The elevation of Meridian is about 2600 feet above sea level. The average daily temperature varies from 75 degrees Fahrenheit in the summer to 29 degrees Fahrenheit in the winter. Average annual precipitation is 11.5 inches. Average summer relative humidity at noon is 41 percent. Nights are cool and the growing season is approximately 175 days long. The development of flood irrigation and Meridian's climate made it well suited to a variety of agricultural activities. Dairy farms, dairy product production, fruit growing and fruit packing were the primary industries in Meridian through the first half of the 20th century. Agricultural activity continues today, but is being replaced by urban development and corresponding economic diversification. Land converted from agriculture to other uses is still served by irrigation systems that provide abundant water at low cost. Since 1994, Meridian has been the fastest growing city in Idaho with the population tripling between 1990 and 2000, and more than doubling between 2000 and 2007. It has become a center of retail and commercial development in southwest Idaho. Water Systems Municipal System Meridian's municipal water system is a public system under the direction of the City government, The system has over 400 miles of pipe and approximately 3,500 active fire hydrants. It includes 19 wells that have a combined capacity of about 18,000 gpm, 21 pressure control valves, 2 booster stations and 2.5 million gallons of storage. Some details regarding current and predicted demand follow in this narrative. Additional information can be found in appendix C. Surface Water Systems Most residents in the City of Meridian are also served by pressurized and non -pressurized irrigation systems that are supplied by surface water that was originally diverted for agricultural use. Delivery of surface water is managed by irrigation districts. Flood irrigation is employed in much of the agricultural areas surrounding the City; however, as urban development occurs on farmland, surface water delivered to that land is provided to City residents through pressurized irrigation systems. These systems are owned and operated either by the irrigation districts or homeowners associations. 7/13/2011 DRAFT Page 8 of 37 City of Meridian Water Conservation Plan As noted, not all residential properties in the City have surface water irrigation systems. Currently, about 20% of the population uses municipal water for irrigation; however, new developments in the City are required by city code to provide pressurized irrigation systems from surface water if the developing land was previously served by surface water. This city code is in alignment with state law that strongly encourages the use of surface water as the primary source for irrigation (including lawns). Because of this, the population percentage using municipal water for irrigation will continue to shrink with time. 7/13/2011 DRAFT Page 9 of 37 City of Meridian Water Conservation Plan Demographics Forecast The population of the City and the surrounding area saw relatively slow growth until 1990. From 1990 through 2007, the population estimates reflect extremely rapid growth. The yearly growth rate from 2000-2007 ranged from 6.5% to 21.8% with an overall yearly average of 12.3%. With the nation-wide economic decline starting in 2008, growth has dramatically decreased. A summary of historical City population according to US Census and COMPASS records is shown in Figure 2-1 and Table 2-1 below. Figure 2-1 Historic Population Trend As part of the Water Master Plan Update COMPASS population forecasts by Traffic Analysis Zones (TAZ) were applied to growth areas estimated by City planning staff to estimate future populations for the City impact area. Table 2-1 Service Area Population Projections Year Meridian, Idaho Historic Population 80,000 66,000 2015 70,000 2020 104,000 60,006 140,000 2060 50,000 40,000 Population 345,000 30,000 20,000 10,000 0 1940 1950 1960 1970 1980 1990 2000 2010 Year As part of the Water Master Plan Update COMPASS population forecasts by Traffic Analysis Zones (TAZ) were applied to growth areas estimated by City planning staff to estimate future populations for the City impact area. Table 2-1 Service Area Population Projections Year Service Area Population Estimate 2010 66,000 2015 85,000 2020 104,000 2030 140,000 2060 252,000 Build -Out 345,000 7/13/2011 DRAFT Page 10 of 37 City of Meridian Water Conservation Plan Section 3 —Analysis of Historical and Projected Water Demand Historical Water Use - Potable Water In general, total production of potable water, as shown in Figure 3-1 has steadily increased over the last decade although it has fallen off somewhat since 2007. Figure 3-1 Historical Water Production Historical Water Production a m 3.5 t m 3 rn p 2.5 n 2 c 0 '5 1.5 7 V 0 a` w 0.5 a 0 rn o 0 0 0 0 0 0 0 0 0 N N N N N N N N N N Year 7/13/2011 DRAFT Page 11 of 37 City of Meridian Water Conservation Plan An analysis of total production divided by the estimated population at each year showed a clear trend of decreasing per capita consumption. This decrease could be explained by several factors. • City requirement for new development to use surface water for irrigation where available thereby reducing the percentage of customers using potable water for irrigation. • Conservation due to rate increases. • Conservation due to recent economic hardships, even without rate increases. • Conservation due to building codes and practices that require or encourage more efficient fixtures and appliances. • Greater public awareness regarding the importance of water conservation. Table 3-1 Historical Per Capita Demand - Potable Water Year Service Area Population" ADD (gpcpd)b NIDD (gpcpd) MMD (gpcpd) 2005 50,449 147 285 307 2006 59,851 137 260 252 2007 64,617 147 295 249 2008 64,969` 132 233 272 2009 65,321` 128 243 227 Averages 138 263 261 'Population figures are based on COMPASS city populations and service area ratios b Gallons per capita per day `Population is linearly interpolated using COMPASS 2010 benchmark population Because most of the area that will develop and provide new customers for the City's potable water is currently served by surface water for agriculture, it is expected that the trend of decreasing per capita demand for potable water will continue as the city grows. Research completed for the City's Water Master Plan indicated that residents served by surface water for irrigation used about 112 gpcpd of potable water while residents that use potable water for irrigation used about 224 gpcpd of potable water (both figures based on ADD). Since all new customers will be served by surface water for irrigation, the overall per capita demand should continue to drop without any conservation measures. A conservative per capita ADD of 130 gpcpd was used as a base for future demand projections that do not include any additional conservation measures. Historic Water Use - Surface Water It is important to note that, although the demand for potable water for lawn irrigation is reduced by the use of surface water, the overall use of water is not reduced. Surface water is supplied to property owners at historic delivery rates (generally about 4 acre feet per acre during the irrigation season) based on the historic agricultural use of the land. Property owners are assessed a fixed fee and are not charged based on the amount of water used. Consequently, property owners have no incentive to conserve surface water. Even though surface water delivery is accounted for by providers through weir measurements, the use of that water by customers is not measured, so the per capita demand is unknown. 7/13/2011 DRAFT Page 12 of 37 City of Meridian Water Conservation Plan Summary of Projected Demand - Potable Water As discussed earlier, a per capita average day demand of 130 gpcpd was applied to the population forecasts discussed in Section 2. The following Table 3-2 and Figure 3-2 summarize the resulting demand forecast. Table 3-2 Projected Demand Without Conservation Year Service ADD MDD MMD PHD Area (mgd) (mgd) (mgd) (mgd) Population 4 80 P Estimate .fir rt—PHD 2015 85,000 11.05 22.10 19.89 33.15 2020 104,000 13.52 27.04 24.34 40.56 2030 140,000 18.20 36.40 32.76 54.60 2060 252,000 32.76 65.52 58.97 98.82 Figure 3-2 Demand Projections to 2060 Demand Projections at 130 gpcpd 120 100 4 80 P .fir rt—PHD �MDD 9 60 —&—ADD r G 40 20 0 2010 2020 2030 2040 2050 2060 2070 Year The 2011 Water Master Plan Update discusses the impact of water conservation on future demand. The data gathered showed that customers using surface water for irrigation had an average per capita potable water consumption of 112 gpcpd. This number can be used as a target for overall per capita consumption with conservation. This is a 13.8 percent difference in per capita consumption (from the proposed planning metric of 130 gpcpd). 7/13/2011 DRAFT Page 13 of 37 City of Meridian Water Conservation Plan The impact of such reduction over time to a water provider would be significant. In 2060, MDD could be reduced by 9 mgd. ADD could be reduced by 4.5 mgd which equates to over 1.6 billion gallons per year. For the utility, this means less infrastructure expense, less operational expense and less impact on the water source. Conservation of Surface Water The extensive use of surface water by Meridian residents for irrigation is a benefit because it reduces overall use and peaking factors for potable water, therefore reducing overall cost. However, this conservation plan recognizes that using surface water instead of potable water for purposes such as irrigation does not imply overall water conservation. As previously mentioned, the pricing of surface water (one flat fee for a year regardless of how much is used) does not provide an economic incentive to conserve. Surface water is not supplied by the City and the City has no control over how it is priced and delivered. Additionally, the actual use of surface water delivered to Meridian residents is not measured, so conservation efforts related to this resource can not be quantified at this time. This plan recognizes that even though yearly surface water supply is normally more than sufficient for irrigation purposes and inexpensive now, it is likely that conservation of this resource will eventually be critical to the growth and prosperity of the City and the region. Therefore, the plan includes consideration of actions to conserve water whether it is surface water provided by irrigation districts and canal companies or potable water provided by the City. The Water Conservation Plan Working Group discussed some ideas on how the delivery and use of surface water might be changed to encourage conservation. One recommendation includes establishing working groups with irrigation districts, canal companies and legislators. Current practices for allocating and delivering surface water have been employed for over 100 years and alternatives for the future have not yet been developed. This plan focuses on education and building a culture of water conservation that is appropriate for the and climate in which we live that invites anyone to participate. It includes forming partnerships with the Idaho Department of Water Resources (IDWR) and other water suppliers, but does not include any specific actions regarding surface water suppliers. It is envisioned that future revisions of the plan can build on this initial and progress can be made towards conservation of the overall water resource. 7/13/2011 DRAFT Page 14 of 37 City of Meridian Water Conservation Plan Section 4 — Water Supply Sources of Water - Current Capacity and Source of Supply Meridian currently relies on groundwater as the single source for all its potable water supply. Although it is the sole source of potable supply, it is a complex resource. Municipal wells tap the groundwater supply from 300 to 800 feet below ground level. Water from these various depths and locations varies in chemical composition and overall quality. Meridian's Municipal water supply system has the capacity to pump approximately 33,000 gpm for several hours and up to 30,000 gpm for an indefinite time period. The 2010 Water Master Plan Update includes detailed information about Meridian's water supply and distribution infrastructure. Sustainable Yield Changes in static water levels have been observed at wells across Meridian, but they have not been significant and have not necessarily been attributed to municipal pumping. There is very little information on the rate of recharge of the aquifer system and the sustainable pumping volume. Meridian monitors water levels at several observation wells at various locations throughout the city. Data has been collected for a number of years with some wells dating back to the early 1990s. The City is working to use this data along with drilling logs, to develop a groundwater model and aquifer mapping in order to better understand the characteristics of the aquifer system, including the recharge mechanisms and sustainable yield. The information being gathered and analyzed for Meridian will likely be the best available data that exists and will be invaluable for the City's conservation efforts. Supply and Demand Balance The 2010 Water Master Plan projected demands through ultimate build -out for the City. Total demand projections using a conservative per capital demand of 130 gallons per day were used in Table 3-3. Average demand per day is projected to be about 33 million gallons in 2060. Over a year, that equates to 12 billion gallons of potable water supply needed. History and all available data have shown that the aquifer system that Meridian relies upon for potable water supply is extremely productive; however, as discussed, the ultimate sustainable yield is unknown. Additionally, we may not know when we have exceeded this sustainable yield until after it happens. Again, more data collection and analysis is needed to better understand this issue. Once again, surface water supply and conservation may become an important issue. The Treasure Valley Comprehensive Aquifer Management Plan (CAMP) effort produced a Treasure Valley Future Water Demand study by WRIME Consultants. The study indicated that the net water demand (regardless of source) per acre for agricultural land was greater than for urban 7/13/2011 DRAFT Page 15 of 37 City of Meridian Water Conservation Plan land. Therefore, the conversion of agricultural use to urban use as population in Meridian and the Treasure Valley grows produces a net decrease in overall water demand. Although this concept has not been met with agreement from all parties involved in the CAMP, it underlines a recurring theme of this plan; that water conservation should include surface water and groundwater. To encourage the conservation of both resources, which are naturally connected, legislators and regulatory agencies must work towards the most beneficial use of water. If this can be accomplished, it would appear that the overall water resource will support our demands for at least 50 years. 7/13/2011 DRAFT Page 16 of 37 City of Meridian Water Conservation Plan Section 5 — Reclaimed Water Plan The conversion of wastewater to reclaimed water, and its use, will be a key component in water conservation in the future. Reclaimed water has a variety of applications which can either replace or reduce the need for other sources of water, and/or replenish groundwater supplies, or both. The following description is from the draft Reclaimed Water Master Plan developed for the City by HDR Engineering: City's Current and Planned Reclaimed Water Program OVERVIEW OF RECLAIMED WATER PROGRAM The City of Meridian (City) is developing a program to produce and distribute reclaimed water for a variety of uses. Reclaimed water is a highly treated water resource generated at the City's municipal wastewater treatment plant that meets standards for reuse established by the Idaho Department of Environmental Quality (DEQ). This Reclaimed Water Master Plan (Master Plan) presents a long-range vision for, the City's reclaimed water program and defines market expectations for reclaimed water sales. Cost opinions for constructing future components of the reclaimed water production and distribution system are also presented, which establishes the foundation from which a framework for financing capital investments has been analyzed. Finally, the Plan identifies policy and implementation issues that will affect development and financing of the reclaimed water program. The City's reclaimed water program will continue to evolve as the City gains experience with the production and distribution of the resource. Therefore, the policies, assumptions, and findings of this Master Plan are expected to be updated regularly, particularly in the near-term. Program History The City has been producing Class A reclaimed water since 2009, and beneficially reusing the water for turf irrigation at Heroes Park. This demonstration project has offered a highly visible means by which to educate the public about the value of this resource. The Idaho Department of Environmental Quality issued the City a Final Wastewater Reuse Permit (No. LA -000215-02) on April 19, 2010. This permit is effective for five years and allows for the use of reclaimed water in irrigation, dust suppression, toilet flushing, lined surface water features, sanitary sewer flushing, and fire suppression throughout the City. This "City-wide" permit supports the expansion of the program that is presented in the Master Plan. The Vision for of the Meridian Public Works Department for the year 2030 was developed in 2009. Recycling and reusing wastewater is a primary component of that Vision which foresees recycling and/or reuse of 80% of the waste stream by that time. 7/13/2011 DRAFT Page 17 of 37 City of Meridian Water Conservation Plan Section 6 — Current Water Conservation Plan Measures Implemented Conservation efforts in Meridian have historically been the result of supply and distribution system limitations, rather than a concern for the long term availability of supply. In 1993, the City distributed a flyer to customers and asked them to conserve in a number of different ways so water would be available to everyone for the summer, but after new wells were constructed, the system crises was over and formal conservation plans were not adopted. Even though a conservation plan has not been formally adopted, Meridian currently practices several important conservation practices that include: • Metering water to customers and including a component of the bill for usage • Tracking non -revenue water used for flushing and hydrant flows • Managing tight pressure zones to avoid high service pressures • Enforcing building codes for low flow toilets and show heads • Encouraging the use of reclaimed water • Using automatic irrigation controls for Parks Facilities 1993 Flyer Management of Non -Revenue Water The 2010 Water Master Plan Update evaluated production and sales records for 2008 and 2009, and found that non -revenue water is very low, averaging just 3% of water produced. This can be attributed to several factors: • Much of the City's infrastructure is very new due to the recent explosive growth • The City has an active meter replacement program • The City tracks water used for flushing • The City tracks water used for fire training 7/13/2011 DRAFT Page 18 of 37 Our WaterSitpation ly. YOr• u r.� Aye, n,U; IIaA.,, ^y,ry ha A F� renpk m U's, ny .u,efn;;Uti4;.yw; tMendia1, 1 MH ol 12,5,:: r:n elry„PrelrPPo �n azigle rtup,! ffOMsl r.ary '.mM..fl..errelu... 1993 Flyer Management of Non -Revenue Water The 2010 Water Master Plan Update evaluated production and sales records for 2008 and 2009, and found that non -revenue water is very low, averaging just 3% of water produced. This can be attributed to several factors: • Much of the City's infrastructure is very new due to the recent explosive growth • The City has an active meter replacement program • The City tracks water used for flushing • The City tracks water used for fire training 7/13/2011 DRAFT Page 18 of 37 City of Meridian Water Conservation Plan Section 7 — Potential Conservation Actions This plan is Meridian's first formal water conservation plan. As discussed previously, the City's water supply and distribution infrastructure is more than capable of providing peak demands and emergency flows to customers. In addition, the City is extremely fortunate to be tapping an aquifer system that has shown little to no decline after several years of sustained pumping. The City understands, however, that annual water supply is a limited resource and is taking measures to better understand the resource. The Conservation Plan Working Group submitted their ideas for water conservation measures which were consolidated and added to measures found in the AW WA Manual: Water Conservation for Small and Medium -Sized Utilities. The Working Group preferred the term Conservation Actions, rather than measures. These potential actions were organized and discussed by the Working Group in light of the Goals and Objectives they had previously developed. The outcome was a list of recommended actions for the plan. The Conservation Actions were categorized as follows: • Utility / City Practices • Ordinances and Rules • Outreach • Incentives • Reclaimed Water In developing the Goals, Objectives, and Conservation Actions of this plan, the different perspectives of the Working Group members were apparent. However, it was a consistent opinion among members that the best conservation actions were those that employed education, outreach and setting an example through City leadership rather than developing ordinances or rules to try to force customers to conserve. Appendix B contains the matrix of Conservation Actions considered including recommendations / notes from the Working Group. Some actions discussed may require additional research to determine potential costs and benefits. In several cases, the group recommended that actions be considered based on future research and analysis. 7/13/2011 DRAFT Page 19 of 37 City of Meridian Water Conservation Plan Section 8 — Recommended Plan The initial recommendation is to assign the duties of a Conservation Coordinator to an existing position within the Environmental Division. It is contemplated that a part time position may be added in the future for this function. The Conservation Coordinator will be responsible to implement or facilitate the implementation of the action items below, to measure their effectiveness, and to provide regular reports on conservation efforts to the City Council. The conservation plan includes objectives that reach to 2015. However, a yearly report to City Council is also an objective and it is anticipated that, as the action items are completed and information is gathered and analyzed, the conservation plan and action items will be updated annually. The following table includes the actions that have been recommended by the Working Group. As a formal conservation effort is new to the City, many of the recommendations are simply to research or evaluate different actions to analyze their feasibility and efficacy. Action Estimated Estimated , Lead Staff Support Staff Cost Benefit City / Utility Practices Evaluate costs and benefits of Low Low Engineering reducing the water from flushing Division by improving supply water quality through filters Purchase leak detection Med Med Water equipment to reduce wasted Division water from system leaks Develop source meter calibration Low High Water Engineering program Division Division Create automatic alerts when Low High Utility Water, customer use increases Billing Conservation abnormally Coordinator Perform audits on top users in Low Med Utility Water, customer categories and use info Billing Conservation for outreach Coordinator Develop audit pilot program for Low High Conservation Enviro, landscape irrigation Coordinator Planning, Water Division Support Parks Department Low Low Conservation conservation efforts Coordinator Cooperate with other Low Low Conservation government or water supplier Coordinator conservation efforts 7/13/2011 DRAFT Page 20 of 37 City of Meridian Water Conservation Plan A��tron.` ". E timated Estimated Lead Staff Support- S'tafl , "Cost ` Benefit Perform fixture audit and Low Low Conservation corrective actions for City Coordinator buildings Coordinate with Building Low Low Conservation Building Services to ensure high Coordinator Services efficiency fixtures are included in new construction Seek conservation program Low Low Conservation Planning funding from state, county, or Coordinator Grant federal resources Administrator Request a budget of $25,000 for High High Conservation Finance water conservation. Funding Coordinator would support a portion of a position and conservation actions recommended. Benchmark Meridian's Low NA Conservation conservation efforts with other Coordinator similar cities and include in annual report to Council Explore formation of regional Low NA Conservation water conservation group (or use Coordinator existing regional group) Meet with IDWR regularly to Low Med Conservation discuss ground and surface water Coordinator conservation issues Recognize people or businesses Low Med Conservation that practice conservation- award Coordinator program or news posts Ordinances and Rules Benchmark other cities Low NA Conservation Building regarding individual unit Coordinator Services metering to multi -unit buildings Set aside a portion of rates for Public Engineering conservation efforts Works Division, Finance Explore feasibility of tiered rate Low NA Conservation Engineering structure Coordinator Division, Finance Develop planning ordinances Med High Planning Conservation that encourage and incentivize Coordinator conservation Create design standards for Med High Planning Conservation landscaping Coordinator 7/13/2011 DRAFT Page 21 of 37 City of Meridian Water Conservation Plan Acttoi -, `` ' Esti' ated `!Estimated Lead Staff Support Staff Cost Benefit Examine benefits of adopting Low NA Conservation Building 2009 plumbing code Coordinator Services Outreach Continue efforts with schools Low High Conservation Coordinator Distribute educational materials Low High Conservation Water at various locations / events Coordinator Division, Engineering Division, Planning Collaborate with professional Low Med Conservation organizations and HOAs Coordinator Develop web page dedicated to Low High Conservation Information water conservation, including Coordinator Technology tips, electronic brochures, innovative technologies, and links to other sites, kid's pages, and games Include education about peak Low Med Conservation Engineering hour usage to reduce peaking Coordinator Division, factors Water Division Provide information on self- Low High Water audits to customers. Division Conduct outreach to commercial Low Med Conservation Building and industrial customers Coordinator Services regarding fixtures, cooling towers, appliances, etc. Reclaimed Water Explore feasibility of reclaimed Low NA Engineering water fire hydrants and water Division truck filling stations. Encourage conversion of potable Low Low Engineering water irrigators to reclaimed Division water Encourage large potable water Low Low Engineering users to convert appropriate uses Division to reclaimed water Cost Estimates (Cost to City): Low = $0-5,000 Med = $5,000420,000 High = Over $20,000 7/13/2011 DRAFT Page 22 of 37 City of Meridian Water Conservation Plan Benefits: Because the potential benefits from an action item can be actual measurable water conserved, or non-measurable benefits such as customer awareness and education, the High, Medium, and Low levels are a best guess based on group discussion. 7/13/2011 DRAFT Page 23 of 37 City of Meridian Water Conservation Plan Section 9 — Water Shortage Plan Water shortages are situations when the City is unable to meet the water demands of its customers at the minimum required distribution pressure. Such conditions can be short or long term depending on the causes and can be due to problems with pumping and distribution infrastructure, the water supply, or unusually high demands. Water Infrastructure Problems: • Water main breaks • Well failures • Booster failures • Power failures Water Supply Problems: • Contaminants in supply • Extreme drought • Conjunctive management/ curtailment • Water table decline Unusually High Demands: • Multiple simultaneous fires • Extremely hot weather The City of Meridian has a very robust supply and distribution system. However, if several of the problems identified above occurred in combination, there may be a need for cooperative community conservation to ensure that water is available for critical uses such as fire fighting and medical needs. Meridian's water distribution system includes five different pressure zones to ensure water is delivered to customers in a narrow range of pressures- generally between 60 and 80 psi. With one exception (the lowest zone), each pressure zone has wells to supply demand in that zone. Pressure zones are separated by Pressure Reducing Valves (PRVs) that maintain pressure differential, but still allow flow between zones. The highest pressure zone can transfer water down to any zone below it. Because of the operational nature of these pressure zones, calculations for supply and demand will include a pressure zone and all zones above it to determine if a water shortage situation is pending or exists. Water Shortage Plan Elements Ideally, the City would respond to the threat of a shortage and manage demand to avoid the shortage. The following are three different conditions and the appropriate responses in order to manage demand and maintain system pressure for critical uses. Each condition level includes 7/13/2011 DRAFT Page 24 of 37 City of Meridian Water Conservation Plan the following elements: 1. Triggering Conditions 2. Initiation Procedures 3. Demand Management Response 4. Termination Procedures Because Meridian's system does not include large storage facilities, it relies on instantaneous pumping capacity from wells to serve peak demands. Therefore, the triggering conditions for determining whether a shortage is pending or exists are based on the Peak Hour Demand in relation to the pumping capacity of the system. It is important to note that the City will take additional actions to correct or mitigate whatever problems have lead to a water shortage. The responses considered in this plan are only directed to managing demand / encouraging conservation. Another important note is that the termination of a Supply Condition can mean the condition has improved or gotten worse, so the demand management response selected should be appropriate to the change in condition. 7/13/2011 DRAFT Page 25 of 37 City of Meridian Water Conservation Plan Water Supply Condition 1: Possible Water Shortage Predicted Triggering Conditions: Forecast Peak Hour Demand plus fire flow through the next 6 months exceeds the current capacity of any pressure zone and the zones above it combined. Initiation Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office. The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response: Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options: • Use billing inserts to inform customers of the situation • Provide press release for Website • Distribute press release HOAs, businesses, and customers by email Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 DRAFT Page 26 of 37 City of Meridian Water Conservation Plan Water Supply Condition 2: Probable Water Shortage Predicted Triggering Conditions: Forecast Peak Hour Demand through the next six months exceeds of the current capacity of any pressure zone and the zones above it combined. Initiation Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office. The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response: Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options: • Press release may need to be distributed to media for general release • Use billing inserts to inform customers of the situation • Provide press release for Website • Distribute press release HOAs, businesses, and customers by email Consider implementing mandatory conservation measures: • Prohibit outdoor use of City water • Initiate conservation rate schedule • Charge emergency conservation fees for residential use over 7,000 gallons • Initiate probable water shortage rate schedule - TBD. Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 DRAFT Page 27 of 37 City of Meridian Water Conservation Plan Water Supply Condition 3: Water Shortage Emergency Triggering Conditions: Current Peak Hour Demand exceeds the current capacity of any pressure zone and the zones above it combined. Initiation Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office. The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response: Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options: • Press release may need to be distributed to media for general release • Use billing inserts to inform customers of the situation • Provide press release for Website • Distribute press release HOAs, businesses, and customers by email, or phone alert Initiate or continue probable water shortage rate schedule. Consider implementing mandatory conservation measures: • Prohibit outdoor use of City water • Continue or initiate conservation rate schedule • Charge emergency conservation fees for residential use over 7,000 gallons Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 DRAFT Page 28 of 37 City of Meridian Water Conservation Plan Appendix A— Water Conservation Working Group Members Meridian Water Conservation Plan Working Group Member Name Organization / Connection Mark Erikson Saint Lukes Hospital Frank Morandi Roaring Springs Water Park Bill Martin / Derrick Martin Metro Express Car Wash John Wiskus Meridian Resident Mike Polk Meridian Resident Thomas Baker Boise Resident / Teacher Mark Fischer Meridian Resident Liz Paul Idaho Rivers United Pete Friedman Meridian Planning Deputy Director Mollie Mangerich Meridian Environmental Program Manager Dennis Teller Meridian Water Superintendent Andy Roman Meridian Resident / Idaho Rivers United / HOA Vice -President Jeff Brooks Meridian Resident Steve Eddy Fast Eddy's 7/13/2011 DRAFT Page 29 of 37 City of Meridian Water Conservation Plan Appendix B — Conservation Actions Considered Below is a matrix of the conservation actions considered by the working group. Each concept was discussed. Water Conservation Actions Utility / City Practices Reduce water used for flushing Reduce water used for fire training Reduce lost water - ensure system leaks are detected and stopped quickly Reduce water consumption and lost water - system pressure management Develop reclaimed water system / expand the use of reclaimed water Convert potable water irrigators to reclaimed water irrigation Convert large potable water users (other than irrigation) to reclaimed water Calibrate source meters Current Practice Water division tracks water used for flushing and for fire hydrant tests. Additional planning and modeling for reducing water needed for flushing will carry some cost. Fire department tracks water used No leak detection program. Currently manage pressure zones between 60 and 80 psi Reclaimed water master plan currently being developed Reclaimed water master plan effort Reclaimed water master plan effort Proposed Action Green sand filters (may reduce need for flushing). What do other cities do? Reuse the flushed water? Portable filters? Reclaimed water fire hydrants? / truck filling? Purchase leak detection equipment and institute a proactive program. Use SCADA to monitor supply vs WWTP inflow. Encourage customers to install pressure reducing valves at houses near higher pressure areas. Could outreach to customers with a map. Reclaimed water hydrants? Install reclaimed water as opportunities arrive. Convert potable water irrigators to reclaimed water irrigation according to master planning guidance. Convert large potable water users (other than irrigation) to reclaimed water according to master plan guidance. Currently not done regularly Start up program. 7/13/2011 DRAFT Page 30 of 37 City of Meridian Water Conservation Plan Water Conservation Actions Perform indoor water audits for customers Perform landscape irrigation audits (city water) Perform landscape irrigation audits on City parks and other facilities Perform fixture audit and replacement if needed in current City buildings. Use high efficiency fixtures in all new City building construction Seek conservation program funding from state, county or federal sources. Identify a Water Conservation Coordinator Current Practice Proposed Action Water leak detection on case- Alert automatically when by -case basis for customers or when abnormally high usage is noted. This system is automated. Dennis to provide details of how it works. No audits Install weather based smart controllers in City Parks customers' use goes up a given % (TBD). Encourage water audits by customer (self) or by private business through outreach. Attach note to bills regarding usage compared to history or average customers. Look at top users and audit some of them, then use that info for outreach. Partner with home improvement stores - water conservation kiosk. Develop audit pilot program. Work with other government offices to cooperate with their conservation efforts. Support Parks efforts. NA Perform fixture audit and replacement if needed in current City buildings. Also make sure efficient fixtures are working as intended (signage, valve direction, etc.) Perform cost effective Last building (City Hall) was LEED Silver NA No Water Conservation Coordinator corrective actions as needed. Coordinate with building services to ensure fixtures in new construction are high efficiency. Seek conservation program funding from state, county, or federal sources. Water Conservation Coordinator recommended to be added to .5 time position duties in Environmental Division. 7/13/2011 DRAFT Page 31 of 37 City of Meridian Water Conservation Plan Water Conservation Current Practice Proposed Action Actions Approve a conservation No budget for conservation Request a budget of (TBD) budget for water conservation from City Council. Benchmark Meridian's NA Benchmark Meridian's conservation efforts with conservation efforts with other similar cities - other similar cities - include include in annual report to in annual report to Council. Council. Form regional water NA Explore formation of regional conservation group. water conservation group. Meet with IDWR regularly NA Meet with IDWR regularly to to discuss ground and discuss ground and surface surface water conservation water conservation issues. issues This action compliments the formation of a regional water conservation group. Low water user awards Recognize people or businesses that practice conservation, e.g. yard signs. Ordinances and Rules Meter water to customers Meter water to all customers Continue to meter water to all customers. Meter water to individual Benchmark other cities to see units in multi -family if any are requiring new buildings. multi -family buildings to have individual meters to each unit. Encourage property managers to teach conservation for their own or their tenants' benefit. Structure rates to Water rate = $5.38 + $1.86 / Continue. Use a portion of emphasize consumption 1000 gal collected rates to fund over base conservation efforts. Charge city accounts like Currently meter usage, but Don't charge, but review other customers do not charge ourselves usage and make sure City departments are on board and demonstrating conservation methods. Use a tiered rate structure NA Explore feasibility of tiered rate structure. Collect a Conservation Fee NA (Put conservation funding in water rates.) 7/13/2011 DRAFT Page 32 of 37 City of Meridian Water Conservation Plan Water Conservation Current Practice Proposed Action Actions Landscaping Current ordinance Continue use of surface water encourages use of surface for irrigation. Develop water for irrigation. planning ordinances that encourage and incentivize conservation in landscaping. Create design standards for landscape features to ensure that they don't' waste water (e.g. berms). Grass reduction, xeriscape berms, etc. Residential activities Building codes control Examine benefits of adopting fixtures 2009 plumbing code. Check with Dennis / Brent. Industrial activities Building codes control Examine benefits of adopting fixtures 2009 plumbing code. Check with Building Services Division. Construction activities Code requires rental of Continue current practice. meters for filling trucks and Build reclaimed water fill other activities. points and encourage use of reclaimed water for dust control. Indoor Water Use - explore Research / Clarify this issue. opportunities to amend Idaho Plumbing Code to allow reclaimed water for indoor uses. Require upgrades to How can we incentivize? fixtures as a condition of What is current account setup sale of property fee? Can we have customer contact encourage fixture upgrades for customers' long term benefit? Use real estate community to outreach also. Outreach Discuss / assist schools Some activity Continue efforts with schools. with conservation Get them to consider more measures efficient fixtures. Distribute educational Pamphlets available at Water Continue and expand. pamphlets on conservation Department (lawn watering, conversion to low water use landscaping, indoor use practices, etc.) 7/13/2011 DRAFT Page 33 of 37 City of Meridian Water Conservation Plan Water Conservation Actions Conduct presentations in collaboration with other organizations - professional, HOA, etc. Develop web page dedicated to water conservation, including tips, electronic brochures, links to other sites, and reports on innovative technologies Educate about peak usage control (amount and time of usage) to reduce peaks. Current Practice Some tips in Water Division section of current website - not very extensive New construction and upgrades- not City owned Proposed Action Conduct presentations in collaboration with other organizations - professional, HOA, etc. Have HOA contests to see which subdivisions do best. Develop web page dedicated to water conservation, including tips, electronic brochures, links to other sites, and reports on innovative technologies. Links to other sites, kids pages, games, etc. Educate about peak usage control (amount and time of usage) to reduce peaks. Improve plant facilities No outreach program to Outreach to these customers maintenance encourage Upgrade cooling towers No outreach program to encourage Change to low water use No outreach program to landscaping encourage Upgrade fixtures and No outreach program to appliances - hotels, encourage schools, care facilities, HOA maintained facilities Upgrade fixtures and No outreach program to appliances - older encourage residential buildings Incentives Give away faucet aerators No give away / exchange Evaluate cost / benefit. program Give away or exchange No give away / exchange Evaluate cost / benefit. low flow shower heads program Provide rebates for high No rebate program Evaluate which fixtures to efficiency toilets provide rebate for and Provide rebates for No rebate program propose a plan. Benchmark efficiency clothes washers other cities. Provide rebates for No rebate program irrigation system moisture sensors 7/13/2011 DRAFT Page 34 of 37 City of Meridian Water Conservation Plan Appendix C — City Customer Profile- 2010 Records Church City Commercial Multi -Unit Residential Residential School Number of Accounts Percent 66 0.3% 36 0.1% 1046 4.1% 188 0.7% 24056 93.3% 404 1.6% 25796 100.0% Residential Building Inventory Year Number of Units Built 1970 to 1993 5,500 1994 to Present 20,400 (new building code was adopted in 1994) 7/13/2011 DRAFT Page 35 of 37 City of Meridian Water Conservation Plan Appendix D — Definitions ADD- Average Day Demand: The total volume of water delivered to the system in a year, divided by 365 days. AWWA- American Water Works Association: An international nonprofit educational association dedicated to safe water. Founded in 1881 as a forum for water professionals to share information and learn from each other for the common good, AWWA is the authoritative resource for knowledge, information, and advocacy for improving the quality and supply of water in North America and beyond. COMPASS- Community Planning Association of Southwest Idaho: An association of local governments working together to plan for the future of the region. The agency conducts this work as the metropolitan planning organization (MPO) for northern Ada County and Canyon County. The federal government requires the formation of an MPO when an urban area reaches 50,000 people. DEQ / IDEQ- Idaho Department of Environmental Quality: The state agency tasked with ensuring clean air, water, and land in the state and protecting Idaho citizens from the adverse health impacts of pollution. Groundwater: Groundwater is water that exists below the land surface. Gpcpd- gallons per capita per day: Amount of water a person uses on average per day. HOA: Homeowners Association IDWR- Idaho Department of Water Resources- IDWR serves the people of Idaho and protects their welfare by making sure water is conserved and available to sustain Idaho's economy, ecosystem and the resulting quality of life. MMD- Maximum Month Demand: The maximum volume of water delivered to the system during any single month, divided by 30 days. MDD- Maximum Day Demand: The maximum volume of water delivered to the system during any single day. MPO- Metropolitan Planning Organization: A federally -mandated and federally -funded transportation policy-making organization in the United States that is made up of representatives from local government and governmental transportation authorities. PHD- Peak Hour Demand: The maximum volume of water delivered to the system during any single hour. 7/13/2011 DRAFT Page 36 of 37 City of Meridian Water Conservation Plan Potable Water: Potable water is water that can be consumed in any desired amount without concern of adverse health effects. Water provided by community water systems including public and private utilities is considered potable water. Surface Water: Surface Water is water that is supplied by streams, rivers, and lakes. It is usually stored in man-made reservoirs and transported through canals. 7/13/2011 DRAFT Page 37 of 37 Meridian City Council Meeting DATE: September 27, 2011 ITEM TITLE: Department Report ITEM NUMBER: PROJECT NUMBER: Public Works / Building Department Report - Professional Services Agreement Between Idaho Division of Building Safety and City of Meridian for electrical inspections and plan review services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS �E IDIAN�:- i Uli ti ii TO: Mayor Tammy de Weerd Members of the City Council Development Services Division Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 FROM: Bruce Freckleton, Development Services Manager DATE: 9/22/2011 SUBJECT: PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES The Development Services Division of the Public Works Department respectfully requests the following item be placed on the September 27, 2011 City Council Agenda, under Public Works Department Reports, for Council's consideration: I. DESCRIPTION The City of Meridian entered into a Professional Services Contract with Harold's Electric Company, Inc. on November 24, 2009 for the provision of electrical inspection and plan review services for structures constructed within the City of Meridian. This contract is set to expire oil September 30, 2011, and Harold's Electric Company, Inc. has provided notice to the City that it no longer wishes to continue their contract relationship. The Development Services Division has negotiated a new agreement with the State of Idaho Division of Building Safety for the provision of the electrical inspection and plan review services beginning October 1, 2011, and running through September 30, 2012. The compensation terns of this new agreement are the same as the existing contract terms with Harold's Electric Company, hrc. Process logistical terns and performance expectations are also incorporated into this new agreement so as to be in alignment with our established process and procedures. II. REQUESTED ACTION Approve and authorize file Mayr to sign the Addendum and the City Clerk to Attest III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Set -vices Manager 489-0362 Brent Bjornson, Building Plans/htspection Coordinator 489-0304 , zz, 2or t Date PROFESSIONAL SERVICES AGREEMENT BE IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES ("Agreement") is made and entered into this 27th day of September, 2011, by and between the Idaho Division of Building Safety ("Division"), whose address is 1090 East Watellower Street, Suite 150, Meridian, Idaho and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Division and City may hereafter collectively be referred to as "Parties." WHEREAS, the Division is a self-governing agency of the State of Idaho having statutory authority under Idaho Code sections 54-1001C and 67-2601A to enter into contracts with a municipality for the purpose of performing electrical inspector services; and WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt and enforce building codes and local amendments thereto, and by Idaho Code sections 39-4116(1), 50-301, 54-1001C to enter into contracts with the Division for the purpose of performing inspector services in accordance with such codes and local amendments; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter in to a contract with the Division to provide for electrical inspector services; and WHEREAS, the Division, though its statutory authority and pursuant to the terms of this Agreement, has also determined that it is in the best interest of the Division to enter into such an Agreement with the City and intends to provide electrical inspector services as set forth herein; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Division and the City hereby agree and contract as follows: I. DELEGATION OF AUTHORITY. A. City delegation of authority. City, having adopted the 2008 edition of the National Electrical Code of the National Fire Protection Association ("NEC"), as amended by Title 10, Chapter 3, Meridian City Code ("local amendments"), hereby delegates to the Division the functions and duties of the electrical inspector, as established by the NEC, local amendments thereto, and this Agreement. The City does hereby grant the Division the power and authority to do so within the City's jurisdiction throughout the term of this Agreement. B. Division acceptance of authority. The Division does hereby agree to perform the functions and duties of the electrical inspector, as established by the NEC, local PROFESSIONAL SERVICES AGREEMENT BETWEEN DBS AND CITY OF MERIDIAN PAGE I OF 14 FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES amendments thereto, and this Agreement. To the extent that the rules of the Idaho Electrical Board governing the use of the NEC, as set forth in IDAPA 07.01.06, conflict with or depart from the local amendments to the NEC, the Division shall perform its duties under this Agreement in accordance with the local amendments, as contemplated by Idaho Code section 54-1001C. 11, RESPONs1m ms OF DIVISION. A. Scope of Services. Within the jurisdictional boundaries of City, Division shall perform services under this Agreement as set forth in the Scope of Services, attached hereto as Exhibit A and incorporated by reference as though fully set forth herein. B. Communication and records. 1. Administrative. Division inspectors shall utilize the tablet PCs and Accela Mobile Office Software provided by City for the purposes and in the manner set forth in this Agreement and all exhibits hereto. Division shall be available for phone calls, consulting, and questions from City, applicants, and permit holders during normal business hours. Division shall provide its inspectors, at Division's expense, cellular telephones with voice messaging. Division personnel shall attend office meetings with City staff, applicants, design professionals, and others upon request of City. 2. Violations. Division shall provide notice of observed electrical code violations to City. City shall, where appropriate, investigate and enforce civil and criminal penalties for uncorrected violations. 3. Public records. Division acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Division are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Division shall, upon request and within three (3) business days of such request, provide requested information or records to the City Clerk's Office. 4. Report of services. The Division shall upon request prepare and provide to City all data collected and/or reports prepared regarding inspection services conducted within [he City's jurisdiction. C. Qualified staff. Division agrees to provide staff sufficiently qualified to provide services in the manner and in the timeframe established by this Agreement, Only professionals certified per Idaho statutory requirements to conduct such work shall provide services under this Agreement. Division shall ensure that Division personnel, in providing services hereunder, interpret all applicable codes reasonably and impartially. Division shall ensure that its personnel perform all duties required under this contract in a courteous and professional manner. Division shall supply City with a list of all Division personnel who are assigned to provide services under this agreement, including their credentials and qualifications. PROFESSIONAL SERVICES AGREEMENT BETWEEN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAOF.2OF 14 D. Equipment; facilities. Division shall provide a primary workspace, equipment, office supplies, clerical staff services, and vehicles for use in completing services required hereunder and/or any other business transactions related to this Agreement. Division shall retain liability insurance for the vehicles as required by Idaho law, and shall provide City with proof of such insurance. Ill. RESPONSIBILITIES OF CITY. A. Tablet PCs. City shall furnish Division with two (2) tablet PCs equipped with Accela Mobile Office software and related equipment asset forth in Exhibit B. All tablet PCs and related equipment are and shall remain the property of City. Tablet PCs and related equipment are issued to Division for the sole purpose of conducting services enumerated under this Agreement. All applicable City Standard Operating Procedures shall apply to Division's use of the tablet PCs and related equipment; additionally, no personal electronic files of any kind may be stored on the tablet PCs, Division shall take all necessary measures to maintain the tablet PCs and related equipment in good working condition. City or City's agent shall perform all necessary maintenance and repair of the tablet"PCs and related equipment. Division shall reimburse City for the cost of any major repair or replacement of the tablet PCs and related equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All tablet PCs and related equipment shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. B. Incidental office supplies. Though Division staff will be primarily stationed at Division's office and utilize Division equipment and supplies, City shall provide, for Division inspectors' incidental use, at Meridian City Hall, office space, computers, telephone system, and clerical staff services for the purpose of completing services required hereunder and/or any other business transactions related to this Agreement. City shall maintain ownership of all City equipment provided by the City and made available to the Division for this limited purpose. C. Designate liaison. City shall, and hereby does, designate the Building Plans and Inspection Coordinator to work as a liaison between the Division and City with regard to day-to-day and administrative matters and to help coordinate services with applicants, permit holders, and other interested persons. City shall provide Division the name, e- mail address, and telephone number of the Building Plans and Inspection Coordinator. D. Code changes. City shall provide notice to Division of any amendments or modification of City ordinances adopting and/or amending the 2008 NEC. PROFESSIONAL SERVICES AGREEMENT BETWEEN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 3 OF 14 IV. GENERAL PROVISIONS. A. Term. The term of this Agreement shall be from October 1, 2011 through September 30, 2012. Time is of the essence in Division's performance of each and every obligation under this Agreement. B. Revenue allocation, Division shall be entitled to the following shares of electrical permit fee revenues collected by City: fifty percent (50%) of the first $80,000 in residential permit fees collected by City annually; forty percent (40%) of residential permit fees above $80,000 collected by City annually; and fitly percent (50%) of commercial permit fees collected by City annually. C. Hourly rate. For duties and functions expressly enumerated hereunder as billed hourly, upon prior written approval of or written request for such services, Division may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Division an hourly rate for any service provided without City's prior written approval or request. D. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Division's share of permit revenues collected by the City no later than the tenth (10th) day of the month following City's collection thereof. City shall maintain an accounting of all permit fees and shall provide to Division a full accounting therefor upon request. E. Transition. It is acknowledged by the parties that the City collects permit fees when permits are pulled. Division shall not be entitled to its allocated share for those permits already pulled and active as of the effective date of this Agreement, though it shall provide required inspection and plan review services related to such permits through issuance of Certificate of Occupancy. Division shall be entitled to its allocated share for all permits pulled through the term of this Agreement, even if it does not provide services related to all such permits through issuance of Certificate of Occupancy by the end of the contract term. F. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. G. Notice. Communication between the Building Plans and Inspection Coordinator and Division personnel regarding day-to-day and administrative matters shall occur via e- mail, facsimile, or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or (nailed in the United States mail, addressed respectively as follows: City of Meridian Idaho Division of Building Safety Attn: Public Works Director Attn: Administrator 33 E. Broadway Avenue 1090 E. Watertower Street, Suite 150 Meridian, Idaho 83642 Meridian, Idaho 83642 PROFESSIONAL SERVICES AOREEMENT BETWEEN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 4 OF 14 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. H. Termination. Either party may terminate this Agreement immediately if, at any time: (1) the other party is in material breach of any warranty, term, condition, covenant, or obligation under the Agreement; (2) judicial interpretation of federal or state laws, regulations, or rules renders fulfillment of the Agreement infeasible or impossible; (3) the other party fails to comply with any material and applicable law, regulation, or rule; (4) Division or its staff endangers the health and/or safety of customers, staff, or the public; (5) Division or its staff falsifies records; or (6) Division or its staff engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement. City may terminate this Agreement by providing sixty (60) days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Division may terminate this Agreement by providing sixty (60) days written notice to the other party if, at any time, for any reason, Division determines that termination of the Agreement is in the best interest of Division. In the event of termination, the non -terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. This Agreement may be terminated at any time by mutual written consent of both Parties. L Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. Liability. City and Division each shall be responsible only for the acts, omissions or negligence of its own officers, employees or agents. Nothing in this Agreement shall extend the responsibility or liability of either City or Division beyond that required by the Idaho Tort Claims Act. Each party shall defend itself against any claims that arise solely from wrongful acts, omissions or negligence of its officers, employees, or agents in the course of the performance of this Agreement, but shall not assume responsibility for the acts, omissions or negligence of the other party or the other party's officials, employees, agents and volunteers. Each party shall promptly notify the other patty of any claim arising under this Agreement and shall cooperate fully with the defending party or its representatives in the defense of such claims. K. Independent contractor. In all matters pertaining to this Agreement, Division shall be acting as an independent contractor, and neither Division nor any officer, employee or agent of Division shall be deemed an employee of City. Except as expressly granted herein, Division shall have 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. PROFESSIONAL SERVICES AGREEMENT BETWEEN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 5 OF 14 L. No third party rights. Nothing in this Agreement shall be deemed to subject the Division or the City to suit by persons not party to this Agreement. The Agreement is intended solely to facilitate intergovernmental cooperation among the Parties and does not create any right in other persons to seek administrative or judicial enforcement of provisions herein. Nothing in this Agreement, expressed or implied, is intended to confer on any person or entity other than the parties, any right or remedy under or by reason of this Agreement. M. Governing law. The validity, construction and performance of this Agreement and all disputes between the parties arising out of this Agreement or as to any matters related to but not covered by this Agreement shall be governed by the laws of the State of Idaho. N. Venue. The parties agree that any proceeding arising out of this Agreement, or for the interpretation, performance or breach of this Agreement, shall be instituted in Ada County, Idaho, where City is located. 0. Assignment. The Division may not subcontract or assign any right or duty arising hereunder without the prior written consent of the City. Any subcontractor or assignee shall be bound by all of the terms and conditions of this Agreement. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. P, Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. Q. Preparation of Agreement. All provisions of this Agreement have been subject to full and careful review by and negotiation between Division and City. Each party has availed itself of such legal advice and counsel as it, respectively, has deemed appropriate. The parties hereto agree that neither one of them shall be deemed to be the drafter or author of this Agreement, and in the event this Agreement is subject to interpretation or construction by a court of law or panel of arbitration, such court or panel shall not construe this Agreement or any portion hereof against either party as the drafter of this Agreement. R. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. S. Appropriation. By signing this Agreement, both patties understand and agree that Division and City are governmental entities. This Agreement shall in no way or manner be construed so as to bind or obligate Division, City, or the State of Idaho beyond the term of any particular appropriation of funds by the Idaho Legislature or Meridian City PROFESSIONAL SERVICES AGREEMENT BETWEEN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 6 OF 14 Council as may exist from time to time. Each party reserves the right to terminate the Agreement if, in its sole judgment, the legislature of the State of Idaho or the Meridian City Council, as the case may be, fails, neglects, or refuses to appropriate sufficient funds as may be required for the Division or City to continue their required performance under the Agreement. Any such termination shall take effect on sixty (60) days prior notice and be otherwise effective as provided in this Agreement. T. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. U. Voluntary. The Parties hereby acknowledge that they have entered into this Agreement knowingly, voluntarily and without threats or promises in any form or nature whatsoever. V. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. W. City Council approval required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. DIVISION E UIL ING SAFETY: C. Kelly Pearce, Administrator CITY OF MERIDIAN: Tammy d X rd, Mayor y�- City Clerk PROFESSIONAL SERVICES AGREEMENT BETWEEN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 7 OF 14 EXHIBIT A SCOPE OF SERVICES Overview: Division shall conduct detailed electrical plan reviews for any and all projects requiring review as determined by Meridian Development Services and perform field inspections for commercial and residential projects in the City of Meridian to ensure compliance with all current codified or ordained codes of the City. Division shall verify that the appropriate City electrical permit has been obtained; determining that any and all installation inspected is performed in conformity with all applicable electrical codes and/or correction orders; provide notice to the permit holder and the City of any violation, and order correction of any such violation. 1(. SERVICES PROVIDED BY DIVISION. A. PLAN REVIEW. 1. Commercial Projects a. Division shall complete plan review no more than ten (10) working days after receipt of complete application for all commercial applications. b. Division shall provide plan review comments, redlines, re -submittal requests and other correspondence to all design professionals of record and to City. c. City shall provide Division with a project disk containing PDF files for all projects requiring electrical plan review. (City receives many electrical permit requests for small projects where plan review is not required. When this occurs, City will issue a permit and schedule electrical inspection only, and a project disk is not required and therefore one will not be fiunished to Division.) d. Division shall perform plan review for electrical lighting, interior and exterior, for Com Check compliance on all new commercial projects. e• Division shall evaluate the submitted certificate of value for accuracy. f. Division shall provide stamped "approved" plan sheets for all applicable sheets in a plan set that are reviewed for construction purposes. 2. Tenant Improvement Projects a. Division shall perform electrical plan review for tenant improvements as required by City. Some tenant improvement project submittals (e.g., design build) will not require plan review. PROFESSIONAL SERVICES AGREEMENT BL•TWF.EN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 8 01114 b. Where tenant improvement plan review is required by City, Division shall complete plan review no more than seven (7) working days after receipt of complete application, except that Division shall complete "Fast Track Tenant Improvement" projects no more than three (3) working days after receipt of complete application. City may designate a project "Fast Track Tenant Improvement" when there is no use change and no Ada County Highway District review required. c. Division shall provide plan review comments, redlines, re -submittal requests and other correspondence to all design professionals of record and to City, d. City shall provide Division with a project disk containing PDF files for all projects requiring electrical plan review. (City receives many electrical permit requests for small projects where plan review is not required. When this occurs, City will issue a permit and schedule electrical inspection only, and a project disk is not required and therefore one will not be furnished to Division.) e. Division shall perforin electrical plan review for interior electrical lighting, for Com Check compliance on all commercial tenant improvement projects. f. Division shall evaluate the submitted certificate of value for accuracy. g. Division shall provide electronic stamped "approved" plan sheets for all applicable sheets in a plan set that are reviewed for construction purposes. 3. Residential Projects Residential project submittals do not require plan review. S. INSPECTIONS 1. Commercial Projects a. Division shall per'for'm all electrical inspections for commercial projects, from initial inspection through issuance of the Certificate of Occupancy. City shall provide all pass/fail inspection tags, and notices for Division's use. b. Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day between 8:00 a.m. and 5:00 p.m. If the request is received on a non -business day, the inspection shall be performed the next business day. c. Division shall sign off for final electrical inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion. As appropriate, Division shall provide notices of violations of applicable standards to permit holders. PROFESSIONAL SERVICES AGREEMENT BETWEEN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 9 OF 14 d. Division shall input all electrical inspection information into the tablet PCs using Accela Mobile Office software. This shall include, but not be limited to specific information related to inspection, correction notices, and re -inspection. e. Division shall perform as many inspections as necessary on any permit. Division may charge re -inspection fees if items from a previous correction notice are not corrected when a new inspection is requested. 2. Tenant Improvement Projects a. Division shall perform all electrical inspections for tenant improvement projects, from initial inspection through issuance of the Certificate of Occupancy. City shall provide all pass/fail inspection tags, and notices for Division's use. b. Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day between 8:00 a.m. and 5:00 p.m. If the request is received on a non -business day, the inspection shall be performed the next business day, c. Division shall sign off for final electrical inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion. As appropriate, Division shall provide notices of violations of applicable standards to permit holders. d. Division shall input all electrical inspection information into the tablet PCs using Accela Mobile Office software, This shall include, but not be limited to specific information related to inspection, correction notices, and re -inspection. e. Division shall perform as many inspections as necessary on any permit. Division may charge re -inspection fees if items from a previous correction notice are not corrected when a new inspection is requested. 3. Residential Projects a, Division shall perform all electrical inspections for residential projects, from initial inspection through issuance of the Certificate of Occupancy. City shall provide all pass/fail inspection tags, and notices for Division's use. b. Inspection requests received prior to 8:00 a.m, on a business day shall be performed the same business day between 8:00 a.m. and 5:00 p.m. If the request is received on a non -business day, the inspection shall be performed the next business day. c. Division shall sign off for final electrical inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion, As PROFESSIONAL SERVICES AGREEMENT BETWEEN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 10 OF 14 appropriate, Division shall provide notices of violations of applicable standards to permit holders. d. Division shall input all electrical inspection information into the tablet PCs using Accela Mobile Office software. This shall include, but not be limited to specific information related to inspection, correction notices, and re -inspection. e. Division shall perform as many inspections as necessary on any permit. Division may charge re -inspection fees if items from a previous correction notice are not corrected when a new inspection is requested. C. FUNCTIONS UNRELATED TO PERMIT. Where City requests or approves Division's provision of services unrelated to a City electrical permit, the Division shall provide such services at the hourly rate established by the parties in this Agreement. Such services may include, but are not limited to: assisting the fire chief in the investigation of fires caused by electrical installations; inspecting a structure for dangerous or hazardous conditions or equipment; or assisting City with damage assessment in the event of an emergency, natural disaster, enemy attack or other major incident. City shall not be obligated to pay Division an hourly rate for any service provided without City's prior written approval or request. PROFESSIONAL SERVICES AGREEMENT BETWEEN DBS AND CITY OF MERIDIAN PAGE I I OF 14 FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES II. PROCESS PROTOCOL. A. Cross -Functional Flow Chart. City receives electrical permit application, collects fees, and Inputs Intake Into Accela Mobile Office /Plan N review required? Y City provides to Division disk with PDF files for plan review City Issues permit and notifies Division via Accela Mobile Office of Inspection need DlVlslgn.". conducts 'YJ[agpecklon;.:enYersstatus Into:_9cceIQ�Mob11a OffICe:':: City Issues Certificate of Occupancy after Inspection status Is "Approved" Process Ends City Issues permit and notifies Division via Accela Mobile Office of Inspection need Process Ends PROFESSIONAL SERVICES AGREEMENT BETWEEN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 12 OF 14 B. Computerized Permit Tracking Program. Division shall provide data and input into the City's Accela Mobile Office software via the tablet PCs. All permit applications and inspections shall be entered into the program and each step of the process documented in this manner as soon as possible following completion. Every reasonable attempt shall be made to keep all entries current; in any event, Division shall not allow entries to be more than one working day behind the current status of each permit. C. Coordination. Division field inspections will verify and incorporate requirements of approved plan documents on which permits are granted. III. SERyICE LEVEL EXPECTATIONS. CARE Principles. City expects all contract personnel, including Division, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. A. Customer Service: Division is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. B. Accountability: Division acknowledges that each of us is responsible for our own work, choices, and actions. Division personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. C. Respect: Division personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; heat all customers and co- workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. D. Excellence: Division personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT BETWEEN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 13 OF 14 EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO DIVISION PROFESSIONAL SERVICES AGREEMENT BETWREN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 14 OF 14 a>l�tBillji ,, est 4y utpment, 109007 BLD0109007 Tablet PC - Motion Computing J3500 with CD Reader/Writer Tablet PC Batteries 2 - 30WHr capacity Tablet PC Soft Case Tablet PC Docking Station for J3500 with 2 cables HP Mobile Printer - Officejet 100 HP SmaIK Power Adaptor - Car - 90 Watt HP Mobile Printer/Notebook Carrying Case PROFESSIONAL SERVICES AGREEMENT BETWREN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 14 OF 14 OEM 100564 100564 BLDGIO0564 Tablet PC - Motion Computing J3500 with CD Reader/ Writer Tablet PC Batteries 2 - 30WHr capacity Tablet PC Soft Case Tablet PC Docking Station for J3500 with (2) cables HP Mobile Printer - OfficeJet 100 HP Smart Power Adaptor - Car - 90 Watt HP Mobile Printer/Notebook Carrying Case PROFESSIONAL SERVICES AGREEMENT BETWREN DBS AND CITY OF MERIDIAN FOR ELECTRICAL INSPECTION AND PLAN REVIEW SERVICES PAGE 14 OF 14 Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: $A PROJECT NUMBER: TEC 11-002 ITEM TITLE: Medina Drive-Thru Application to be vacated and noticed for the Planning and Zoning Commission meeting date of October 20, 2011 MEETING NOTES Y Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: $B PROJECT NUMBER: MDA 11-007 ITEM TITLE: Sgrol Property Public Hearing - Amendment to the DA to extend the time allowed for the agreement to be signed and returned to the City by Nunzio Sgroi - 4405 E. Ustick Road MEETING NOTES wa�t—� Community Item/Presentations Presenter Contact Info./Notes 11 �VlAkngs ori 42Ir, (C) CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: $C PROJECT NUMBER: TEC 11-005 ITEM TITLE: Cavanaugh Subdivision Public Hearing - A two year time extension in order to obtain the City Engineer's signature on a Final Plat by DBSI Tanana Valley, LLC - SEC of S. Meridian Road and E. Victory Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes Gmef (0/11 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 8D PROJECT NUMBER: MDA 11-008 ITEM TITLE: Spring Creek Ustick (aka Ashtyn Park) Public Hearing - Terminate the recorded DA (Inst. # 107022433) and the recorded Addendum (Inst. # 1 1 007871 9) approved with the Annexation and modified with the Spring Creek Ustick project by Douglas Clegg - 3165 N. Meridian Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: BE PROJECT NUMBER: MDA 11-009 ITEM TITLE: Grau Property Public Hearing - An Amendment to the DA to extend the time allowed for the agreement to be signed and returned to the City by Bill Grau - 4135 W. Cherry Lane MEETING NOTES 4r -j" Community Item/Presentations Presenter Contact Info./Notes ,F -Fc L- io/R/II CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Department Report Mayor's Office - Resolution No. l I : Reappointing Jennifer Pike to Seat 8 and Reappointing Daniel Basalone to Seat 9 of the Meridian Development Corporation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. // - L-7 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZARE MBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING JENNIFER PIKE TO SEAT 8 AND DANIEL G. BASALONE TO SEAT 9 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation has been established by actions of the City Council of the City of Meridian pursuant to the Idaho State Code as the Redevelopment Agency for the City of Meridian; and WHEREAS, that action further established its members and terms of their appointments; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to re -appoint Jennifer Pike to Seat 8 of the Meridian Development Corporation; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to re -appoint Daniel G. Basalone to Seat 9 of the Meridian Development Corporation. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Jennifer Pike is hereby appointed to Seat 8 of the Meridian Development Corporation for a three year term to run through September, 2014; Section 2. That Daniel G. Basalone is hereby appointed to Seat 9 of the Meridian Development Corporation for a three year term to run through September, 2014; Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2011. APPROVED d 2011. APPROVED: by the Mayor of the City of Meridian, Idaho, this D1 day of Mayor Tapiiny/de Weerd RESOLUTION RE -APPOINTING JENNIFER PIKE L. Holman, City Clerk DEVELOPMENT CORPORATION Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Department Report Mayor's Office - Resolution No. LED Appointing David Winder to Seat 4 of the MDC MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. //— U� BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING DAVID WINDER TO SEAT 4 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation has been established by actions of the City Council of the City of Meridian pursuant to the Idaho State Code as the Redevelopment Agency for the City of Meridian; and and WHEREAS, that action further established its members and terns of their appointments; WHEREAS, David Winder may be appointed to vacant Seat 4 for a term to expire September, 2014; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the appointment of Board Member David Winder to Seat 4 as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, David Winder shall be appointed to Seat 4 of the Meridian Development Corporation, which term shall run through September, 2014. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this � day of 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 2T day of 2011. APPROVED: Mayor T y de Weerd Holman, City Clerk RESOLUTIONAPPOINTINGDAVIDWINDERTOMERIDrfA,,b.EYiii PMVITr CORPORATION-PAGE1 Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Department Report Mayor's Office - Resolution No. 1140 Reappointing David Fulkerson to Seat 1, Gene Strate to Seat 2 and Kent Mortensen to Seat 3 of the Meridian Impace Fee Advisory Committee MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, RE-APPOINTMENTING DAVID FULKERSON TO SEAT 1, GENE STRATE TO SEAT 2 AND KENT MORTENSEN TO SEAT 3 OF THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 06-1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and and WHEREAS, that action further established its members and terms of their appointments; WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to re -appoint David Fulkerson to Seat 1 of the Meridian Impact Fee Advisory Committee; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to re -appoint Gene Strate to Seat 2 of the Meridian Impact Fee Advisory Committee; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to re -appoint Kent Mortensen to Seat 3 of the Meridian Impact Fee Advisory Committee; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That David Fulkerson is hereby re -appointed to Seat 1 of the Meridian Impact Fee Advisory Committee for a three year term to run through September, 2014; Section 2. That Gene Strate is hereby re -appointed to Seat 2 of the Meridian Impact Fee Advisory Committee for a three year term to run through September, 2014; Section 3. That Kent Mortensen hereby re -appointed to Seat 3 of the Meridian Impact Fee Advisory Committee for a three year term to run through September, 2014; RESOLUTION FOR RE -APPOINTMENT OF MERIDIAN IMPACT FEE ADVISORY COMMITTEE MEMBERS - I of 2 Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this jjday of 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 27 of 2011. �day ATTEST: By:41 Jaycee Holman, City Clerk APPROVED: �ot zCom{ Mayor T& de Weerd RESOLUTION FOR RE -APPOINTMENT OF MERIDIAN IMPACTFEE ADVISORY COMMITTEE MEMBERS - 2 of 2 Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 9D PROJECT NUMBER: ITEM TITLE: Department Report Police Department Report - Receive Spending Authority for an Office of the Justice Assistance Grant (JAG) in the Amount of $27,021.00 - Match Grant MEETING NOTES (Al:iJn:vP cl' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 27 2011 ITEM NUMBER: 9E PROJECT NUMBER: ITEM TITLE: Department Report Police Department Report - Administrative Policy Establishing leads online as the approved method for precious metals dealers to transmit records of regulated transactions to Meridian Police Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CiWE IDIANA-- Meridian Police Department ADMINISTRATIVE POLICY SUBJECT: APPROVED METHOD OF TRANSMITTING RECORDS OF REGULATED TRANSACTIONS TO MERIDIAN POLICE DEPARTMENT PURPOSE: To establish the approved method of transmitting records of regulated transactions to the Meridian Police Department as required by Title 3, Chapter 5, Meridian City Code (Pawnbrokers ordinance) and by Title 3, Chapter 9, Meridian City Code (Precious Metal Dealers ordinance) POLICY: The Chief of Police finds Leads Online to be a reliable, secure, easy to use, cost- effective, responsive, Internet -based service that will facilitate dealer compliance with City Code, law enforcement investigations of theft, and recovery of stolen property. For these reasons, the Chief of Police designates Leads Online to be the method by which records of regulated transactions are transmitted to the Meridian Police Department where such transmission is required by City Code. Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 9F PROJECT NUMBER: ITEM TITLE: Department Report Resolution No. I _0 I 0 : Adopting administrative policy of the Meridian Police Department establishing leads online as the approved method of transmitting records of regulated transactions to MPD MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. II ` 0 1 C) BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADOPTING AN ADMINISTRATIVE POLICY OF THE MERIDIAN POLICE DEPARTMENT REGARDING APPROVED METHOD OF TRANSMITTING RECORDS OF REGULATED TRANSACTIONS TO MERIDIAN POLICE DEPARTMENT; AUTHORIZING THE POLICE CHIEF TO CARRY OUT SUCH POLICY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 3-9-4(A)(2) states that precious metal dealers must submit a record of regulated transactions involving Type 1 precious metals within twenty-four (24) hours of such transaction in the manner and by the method as shall be established by the Chief of Police; WHEREAS, Meridian City Code section 3-5-9(E) states that a pawnshop's record of a regulated transaction shall be transmitted by noon the next business day to the designated internet online service approved by the Meridian police department, in a method and fashion approved by the Chief of Police; WHEREAS, the Chief of Police finds the Internet -based service known as Leads Online to be a reliable, secure, easy to use, cost-effective, responsive website that will facilitate dealer compliance with City Code, law enforcement investigations of theft, and recovery of stolen property; and WHEREAS, the Mayor and City Council find that it is in the best interest of the safety and welfare of the people of Meridian to adopt and effectuate the Administrative Policy attached hereto as Exhibit A; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Administrative Policy attached hereto as Exhibit A is hereby adopted and effectuated by the Mayor and City Council of the City of Meridian. Section 2. That the Chief of Police is authorized to carry out said Administrative Policy. Section 3. That this Resolution shall be in full force and effect on November 1, 2011. ADOPTED by the Meridian City Council this 27th day of Sept., 2011. APPROVED by the Mayor pf th�'Cit gf,Men an, Idaho, this 27th day of Sept., 2011. APPROVED: EST: Tammy e eerd, Mayor < ,, yep , lman, City Clerk RESOLUTION ADOPTING MPD ADMINIE POLICY -.--ITTT ATT!TTT%1T �mn ALTnA ATT TTI/ n,nT n A mnTl' ANT Ali T/XT UII('nUnc Dn I -fl EXHIBIT A RESOLUTION ADOPTING MPD ADMINISTRATIVE POLICY WQ' ADT TV UMT(_ TrTB'T`LTl1Tl / 17 TD ATTOATYITA11 n11TI All --A — A Q_: >-- IDIAN--- €rs€Hr Meridian Police Department ADMINISTRATIVE POLICY SUBJECT: APPROVED METHOD OF TRANSMITTING RECORDS OF REGULATED TRANSACTIONS TO MERIDIAN POLICE DEPARTMENT PURPOSE: To establish the approved method of transmitting records of regulated transactions to the Meridian Police Department as required by Title 3, Chapter 5, Meridian City Code (Pawnbrokers ordinance) and by Title 3, Chapter 9, Meridian City Code (Precious Metal Dealers ordinance) POLICY: The Chief of Police finds Leads Online to be a reliable, secure, easy to use, cost- effective, responsive, Internet -based service that will facilitate dealer compliance with City Code, law enforcement investigations of theft, and recovery of stolen property. For these reasons, the Chief of Police designates Leads Online to be the method by which records of regulated transactions are transmitted to the Meridian Police Department where such transmission is required by City Code. RESOLUTION ADOPTING MPD ADMINISTRATIVE POLICY ESTABLISHING METHOD OF TRANSMITTING RFG111.ATFn TR ANSA CT1nN RR('()12 T1S Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: PROJECT NUMBER: MDA 11-005 ITEM TITLE: Walmart Overland /Stoddard MDA 11-005 FFCL for Approval - Modification to the Existing DA to amend the conceptual development plan and certain sections of the text of the agreement in accord with the proposed changes to the development plan MEETING NOTES 1. Community Item/Presentations Presenter Contact Info./Notes VI) � CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 27, 2011 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Ordinance No. Ordinance - amending title 1, chapter 5, section 1 of the Meridian City code, regarding the corporate seal of the City of Meridian MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. d- Iq 9(0 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 1, OF THE MERIDIAN CITY CODE, REGARDING THE CORPORATE SEAL OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Corporate Seal of the City of Meridian has not been updated since 1955; and WHEREAS the City Council has decided to modernize and update the corporate seal of the City to reflect the more progressive look and to be consistent with the same features that have been adopted on all City items; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 5, Section 1, of the Meridian City Code is amended to read as follows: 1-5-1: CORPORATE SEAL: A. Design: The corporate seal of the city shall be as depicted in the rendering below: /L4 Kr ED A Uct's..J ..qq ti2,'3 „City of IDAHO SEAT. ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION I REGARDING THE CORPORATE SEAL OF THE CITY OF MERIDIAN —PAGE 1 OF 2 - !! ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION I REGARDING THE CORPORATE SEAL OF THE CITY OF MERIDIAN —PAGE 1 OF 2 B. Adoption Of Seal: The seal described in subsection A of this section is hereby adopted as the corporate seal of the city and shall be the official seal for use as of October 1, 2011. C. City Clerk Custodian Of Seal: The city clerk shall be the custodian of the, corporate seal of the city and shall affix said seal's imprint upon all official documents, records, ordinances resolutions, proclamations, licenses, and warrants. mks. Section 2. That this ordinance shall be effective upon approval and publication. PASSED by the City Council of the City of Meridian, Idaho, thisd- day of 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this a day of , 2011. APPROVED: ,�,111IIIirr Ioypry de Weerd ATTEST: - <. ^3� By ycee olman, City Clerk = j ,`1 j ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION t REGARDING THE CORPORATE SEAL OF THE CITY OF MERIDIAN - PAGE 2 OF 2