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2012-06-12�E IDIAN�- CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, June 12, 2012 at 3:00 PM (3:03 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. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Professional Services Agreement with Kevin Kirk & Onomatopoeia for Musical Talent for August 11, 2012 Concerts on Broadway for a Not -to -Exceed Amount of $3,500.00 B. Approval of Agreement for "Access Control System at the Wastewater Treatment Plant - Headend, Mechanical, Blower and New Filter Buildings A & B" to Apex Integrated Security Systems for a Not -To -Exceed Amount of $89,023.41 C. Approval of Task Order 0759b for "Well Monitoring and Aquifer Testing 2012" to Hydro Logic, Inc. for the Not -To -Exceed Amount of $80,000.00 D. Approval of Change Order No. 1 to Task Order 10312a for "Well 16 - Test Well Design" to Hydro Logic Inc." for the Not - To -Exceed Amount of $26,000.00 E. Agreement with Nampa Meridian Irrigation District (NMID) to cross the Hunter Lateral 5. Community Items/Presentations A. Continued From June 5, 2012: City Scholarships Presentation Meridian City Council Meeting Agenda — Tuesday, June 12, 2012 Page 1 of 2 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. B. Annual Update and FY2013 Budget Request by Kelly Fairless, Executive Director of Valley Regional Transit 6. Items Moved From Consent Agenda None 7. Department Reports A. Parks Department: Strategic Plan Update Moved to Item 5A1 — Following the Scholarship Presentation B. Community Development: COMPASS Communities in Motion 2040 - Growth Scenarios Discussion C. Police Department - Code Enforcement Division: Proposed Updates to Nuisance, Solid Waste, and Noise Codes D. Police Department — Animal Control Division: Proposed Updates to the Animal Control Code E. Public Works Department Report: Draft Memorandum of Agreement with City of Boise and Ada County for Sharing Countywide GIS Dataset 8. Future Meeting Topics 9. Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(a)(f): (a) To Consider Hiring A Public Officer, Employee, Staff Member Or Individual Agent, Wherein The Respective Qualities Of Individuals Are To Be Evaluated In Order To Fill A Particular Vacancy Or Need. This Paragraph Does Not Apply To Filling A Vacancy In An Elective Office Or Deliberations About Staffing Needs In General, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 5:22 PM Out of Executive Session at 6:20 PM Adjourned at 6:20 PM Meridian City Council Meeting Agenda — Tuesday, June 12, 2012 Page 2 of 2 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 June 12, 2012 A meeting of the Meridian City Council was called to order at 3:03 p.m., Tuesday, June 12, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Jacy Jones, Bruce Chatterton, Bill Parsons, Tracy Basterrechea, Eric Strolberg, Mark Niemeyer, Steve Siddoway, Warren Stewart, Robin Jack, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Well, thank you for all joining us this evening -- or this afternoon. So used to evening meetings. We do appreciate you being here. For the record, it is Tuesday, June 12th. It's three minutes after 3:00. We will start with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is Adoption of the Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun Hoaglun: One item we need to move on the agenda, 7-A, the Parks Department Strategic Plan update, will fall under 5-A. So, it will be after the city scholarship presentation. So, we will call it 5-A-1. And with that change, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second Meridian City Council Workshop June 12, 2012 Page 2 of 41 De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Professional Services Agreement with Kevin Kirk & Onomatopoeia for Musical Talent for August 11, 2012 Concerts on Broadway for aNot-to-Exceed Amount of $3,500.00 B. Approval of Agreement for "Access Control System at the Wastewater Treatment Plant - Headend, Mechanical, Blower and New Filter Buildings A & B" to Apex Integrated Security Systems for aNot-To-Exceed Amount of $89,023.41 C. Approval of Task Order 0759b for "Well Monitoring and Aquifer Testing 2012" to Hydro Logic, Inc. for the Not-To-Exceed Amount of $80,000.00 D. Approval of Change Order No. 1 to Task Order 10312a for "Well 16 -Test Well Design" to Hydro Logic Inc." for the Not- To-Exceed Amount of $26,000.00 E. Agreement with Nampa Meridian Irrigation District (NMID) to cross the Hunter Lateral De Weerd: Item 4 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: There are no changes on our Consent Agenda, so I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council Workshop June 12, 2012 Page 3 of 41 MOTION CARRIED: ALL AYES. Item 5: Community Items/Presentations A. Continued From June 5, 2012: City Scholarships Presentation De Weerd: Well, it is with pleasure that I have an opportunity to introduce our scholarship awards. This scholarship program was started a number of years ago and we used funds raised through the State of the City, through sponsorships to fund these youth scholarships and these youth scholarships are to recognize our students that are not only strong academically, but they are strong in citizen and community involvement. Those that really have in their own right left a legacy on our community. Today we have three of the four scholarship winners that are here tonight and I will read a little bit about each one of them and, then, ask them to come forward to receive just a certificate, not the actual check. We will send that to the colleges that they are attending, but just to show our appreciation for what they have done in our community. Now, the selection of these students are done by a panel and they are represented by the city, the senior community, our Chamber of Commerce and our nonprofit sector and we redact all identifiers, so the panelists don't know who they are rating, but they are rating them on the basis of their academic performance, their school involvement, their community involvement and their leadership traits. So, these are the cream of the crop, in our opinion, and we certainly appreciate them being here tonight and also wish them well in the future. And one of the things that I do want to leave with the three of you that are here, you may leave to go off to get your higher education and it is our goal that you will come back and continue to serve our community that you have already invested your time and your talent in and raise your families here. So, certainly we have a selfish goal here, because we hate to lose our talent and we hate to lose those that are already passionately involved in our community. So, that is my -- my goal and my challenge to all of you. Okay. First I would like to recognize Brady Clark. He just graduated from Meridian High School and will attend BYU-Idaho where he intends to earn a bachelor's degree. His primary interest of study includes education, law enforcement, and business. Brady was a member of the National Honor Society, varsity choir, and tennis team. He has been extremely active in scouting for many years and he earned his Eagle Scout rank by assembling more than one hundred hygiene kits for disaster victims and others in need. In addition to working at an appliance shop, he is active in church activities and involunteers regularly for community service projects, such as he has donated his time to causes such as the Red Cross blood drive and the breast cancer prevention pink out. He has helped with the Special Olympics, distributed Thanksgiving dinners, volunteered at food banks and also regularly rakes up leaves, picks up trash and cleans up yards to help beautify our community. So, at this time I would like to ask that Brady come forward and -- so we can recognize you. So, Brady, this is for you, your education, and your future and as we invest in your future we hope you come back. Thank you. Okay. Brynja Reynisdottir-Jonsson is our next awardee and she also just graduated from Meridian High School. She will go on to college where she plans to study biology, history, leadership and Spanish, with the ultimate goal of Meridian City Council Workshop June 12, 2012 Page 4 of 41 becoming a pediatric oncologist or a hematologist or something like that. You know, blood person. So, she's very ambitious and you will see that from her engagement. During her high school years Brynja maintained an ambitious academic class load while completing 230 hours of community service for a variety of local nonprofit organizations. These include the Meridian Food Bank, Idaho State Veterans Home, Habitat For Humanity, Toys For Tots, the Idaho Humane Society, Chief Joseph Elementary School's kindergarten program and others. She is taking 18 credits this summer alone at BSU. She is a member -- or was a member of the Leo Club, National Honor Society, Treo Club, Link Crew and completed the Leadership Boise Academy. She was also a member of my Meridian Mayor's Youth Council, for which I certainly also thank her, and would ask her to come forward and receive appreciation. Anything to say? And, Brady, certainly if you want to say anything I'd welcome -- okay. Reynisdottir-Jonsson: I just want to say thank you for the scholarship. It means a lot to me. It will help this summer definitely with all my student loans and financial aid. So, thank you. De Weerd: Thank you. Brady, did you want to say something? Come on up. I'm sorry. My -- Clark: I'd also like to say thanks, because this is a great opportunity and every bit counts and this is a big bit. So, thank you. De Weerd: Well, good. Thank you. Okay. Our third student that we will recognize is not a stranger to Council chambers or to the city. Eli Nary has recently graduated from Rocky Mountain High School. I think his mother is still in tears on that one. He will soon begin his -- he will soon begin his studies at the College of Idaho where he plans to pursue English and theater degrees and also to study history, education, and national -- national -- natural sciences. Although national would be pretty consistent with what he has been involved in. Throughout school he has excelled in theater, debate, choir, and La Crosse. In addition to working part time, he is an active community volunteer and student leader, participating in programs including the Gem Boys State, Meridian's Promise, the Idaho Education Forum, Rake Up Boise, and many others. Eli was a five year member of the Meridian's Mayor's Youth Advisory Council. I think he's been the only five year member that we have ever had, because he kind of slipped under the radar there. He turned 14, was eligible, and he was still in middle school. That's when we had to clarify that it was for high school students. But we have enjoyed his participation and he was very engaged. He has served as our chair person for two years. Eli is also interested in local and state government and has advocated for several pieces of legislation and volunteered on many city and state election campaigns. At this time I'd like to invite Eli to come forward, please. E.Nary: I really have a hard time being brief, so this will be a learning experience for all of us. First off, I'd like to thank the city, really, for this opportunity and for all the opportunities that they have allotted, all of our Councilmen and our Mayor have been Meridian Cily Council Workshop June 12, 2012 Page 5 of 41 fantastic and really have advocated for youth participation, so I greatly thank them for that and this scholarship will go to great use. So, thank you very much. De Weerd: Thank you. Council, do you have any comments that you would like to make at this time? Hoaglun: Well, Madam Mayor, just thanks to these young people for their involvement and activity within the city. We certainly appreciate it and as the Mayor said, we certainly want you to come back and continue your contribution in future years as you come back to your hometown and we hope that happens, but life has a way of holding lots of adventures out there, so who knows where you end up for awhile, you will always come back home. We know that. So, congratulations to all of you. Well deserving and it's a great group of young people. Thank you. De Weerd: Mr. Rountree. Rountree: Just congratulations to all of you. It's nice to put names and faces and what you have done together. Appreciate all of the efforts that you have shown to the community, as well as your school. I wish you all well in your education pursuits and hope all your dreams come true. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor. I would add that it's impressive the list of accomplishments that you already have and on behalf of all of us we are very proud of you and look forward to hearing more about your successes in the future and congratulations to all three of you. De Weerd: Mr. Bird. Bird: Congratulations to all of you. You kids really earned it. Worked hard at it. I know a couple of you. Watched Brady play basketball for a few years and stuff. It's really good and I'd like to see you at Christmas breaks come in and see us. Come to a Council meeting and tell us how it's going. We appreciate that and good luck to all of you on your endeavors at school. De Weerd: So, we won't make you wait through a City Council meeting. You, actually, are excused. But we do appreciate you joining us here today and, again, hearffelt thanks for everything that you have done up to this point for this community. I think that is truly one of the reasons that it continues to be recognized as a best place for young people. It's the engagement of our youth in creating a very livable and a community that people are proud to call home. So, we do hope that you come back home. But we wish you success on your -- this next chapter in your lives. So, congratulations. A. Parks Department: Strategic Plan Update Meridian Cily Council Workshop June 12, 2012 Page 6 of 41 De Weerd: Okay. Our next item is our Parks and Recreation Department strategic plan update and I'd like to welcome Director Steve Siddoway and I'll turn it over to you, Steve. Siddoway: Thank you, Madam Mayor. I have been in front of you on a regular basis for years and I still find myself getting nervous, because I care so much about what -- what we do as a department and I know you do, too, and I hope that you can sense the passion we have for -- for what we do in this community. We chose as our back drop for our slide show our future vision for the Kleiner Park Pond 50 years from now when all the trees are grown up. Very happy to be able to show the Kleiner Park image on our parks map green and not gray as a future park for the first time. It is -- it is on our map and we are getting a really good distribution of parks throughout the community with a variety of types and sizes. Kleiner Park is now off the list of future parks. We really have two main future parks, the next of which will be the Borup Bottles property out on our western edge and, then, in the future our 77 acres down on the south, in the south Meridian area. We do have a Willy Martin Park that we currently own. It's undeveloped. We are waiting for the development to come and happen there as a neighborhood park and, then, we have some additional neighborhood parks, location not yet identified, to be part our capital improvements plan. Before I give you the statistics of what we have today, Mike Barton and Roger Norberg, would the two of you stand for just a moment? Mike Barton is our parks superintendent. Roger Norberg is our parks foreman. And together they form the -- the top of the team, if you will. There is many underneath them that are abig -- there is a big team and a big crew below them, but they oversee the group that takes care of these statistics I'm about to go over. I just want to recognize you and thank you for all your work. Thank you. With Kleiner Park now on our books we now own 242 acres of developed park land, 193 of it is on our regional community parks, 41 in our neighborhood parks and seven acres in our smaller mini and special use parks. In addition to that we take care of a little over 35 acres of other maintenance areas, 13 miles of pathways, which includes both those in the community and those in the parks. So, it's a combination of both of those. Our current level of service just jumped. We are now over three. We have been hovering around 2.4, 2.6 for some time, but with the addition of Kleiner Park we now have 3.2 acres per thousand in our community. That's based on a 75,000 population number. If anyone has a more updated number then we can plug that in. But that 242 acres and 75,000 people, that gives us the 3.2 acres per thousand number today. We do have that 142 acres of undeveloped park land that we talked about primarily in the Borup Bottles property, the south Meridian portion, and, then, we have some smaller ones at the William Watson, the Settlers tennis area, and a small undeveloped portion of Storey Park that we hope to develop in our CIP as well. If all of these lands were developed today, with our current population, we would be just over five acres per thousand, which has been our formal goal for some time. If all of it's developed in ten years and the population within that ten years were to grow to 100,000, just so you can see the impact, we would be at just less than four acres per thousand. The CIP, though, does not develop all of that out and if the CIP were developed and the population grows, we Meridian City Council Workshop June 12, 2012 Page 7 of 41 would be right at about three acres per thousand. I want to take just a moment and talk about our staff, but before I do that I'd like to introduce our admin staff. Rachel, Janice, and Hailey, would the three of you stand for just a moment? Rachel is our Administrative Assistant II. Janice sits at the front counter. And Hailey is our new part time seasonal front office assistant that is helping with the great influx of calls and shelter reservations and things that we are getting and appreciate all that you do. Thank you. And just a quick special note for Rachel, with all of the craziness of getting ready for the Kleiner Park grand opening, she still found time to help me put together this slide show that you're watching right now. So, thank you. We do have about just over 20.5 -- half person somewhere walking around, apparently. No. We have apart- time person, Terry Whipple, that is the .5, but 20 -- 20 year around employees, 60 total employees during our peak season and in addition to that our independent contractors are those that teach classes in our activity guide and you have a copy of that activity guide at your desk and for anyone in the audience there are copies in the back. So, recent key staffing changes, Roger Norberg was brought in as the maintenance foreman in the past year. Dan White and Jeremy Anselmo are the team that were hired to care for Kleiner Park. So, you go out there and see them, the -- the efforts that you see going on are led by them and they have a couple seasonals as well. And, then, Ross Cipriono -- let's see. Skipped one. Patrick Dilley, who I will mention more later, but he's also here as our recreation coordinator. Allison Kaptain, as I think everyone remembers her, while we miss her, she was just in town this past week for the -- Luke's wedding and things like that, but she moved Wyoming and Patrick is our new recollection coordinator and Ross Cipriono assists Garrett as our three-quarter site supervisor in the field running back and forth between a whole lot of gyms. De Weerd: Hey, Steve? Siddoway: Yes. De Weerd: Just would like to take a moment and congratulate you and your staff. It's very rare for a city to have the opportunity to have a 25 million dollar gift like we received this last weekend, the Julius M. Kleiner Memorial Park, and time and time again the trustee group commented on the quality of the people they interacted with from certainly Steve on down. The ownership that our parks crew has taken -- all of you and all of the involvement has been greatly appreciated and noted for a city to -- certainly it's an unusual circumstance. to have a gift the size of a 25 million dollar park and a turn key park at that, which is exciting. But you have been involved from the visioning and the turnover every step of the way and you were partners at the table. It was their park. It was their land, they developed it, and they turned it over, but every step of the way you were at the table working elbow to elbow and -- and taking ownership and looking at how can we create a park that was not a burden to our taxpayers, that was easy to maintain, that looking at the longevity of the materials being used, that the design and all of that --what you did really added to an amazing park that I think will be the grand daddy of the park system in the Treasure Valley and we saw a lot of pride from our citizens that braved the blustery weather and was out there to enjoy Meridian Cily Council Workshop June 12, 2012 Page 8 of 41 and partake and to show their appreciation to Gene Kleiner who donated. You have so many reasons to be proud of yourself and I just want to make sure that you know how appreciated your efforts were and they were noticed and I want to thank you. And I think I do speak on behalf of Council as well. That was a red letter day that only happens in people's wildest dreams and we actually saw it happen, so thank you. Bird: Madam Mayor, could I just interrupt -- De Weerd: Mr. Bird. Bird: -- and add one thing? Steve, you and your staff on Saturday with the conditions that you were under and everything I don't think I have ever been to a better opening or function that has been so smooth with what conditions you guys had to work with and can't thank your staff -- every one of them enough for the way they represented the City of Meridian and I'm proud of it. Thank you. Siddoway: Thank you. Well, the staff does a lot of varied things from sports, to summer camps, to special events, to volunteers, to parks and all of the issues and craziness that comes with them and I know it feels a little bit like herding cats to them sometimes. We have been working I think, as you know, on a department video and I thought we would show you just a little preview of some of what we have come up with so far, featuring some of our parks department's finest. So, if you would, Rachel. De Weerd: I would like to talk to you about that green water, you know. Is that algae? (Video played.) De Weerd: Hey, Roger, I recognized you. Siddoway: Wouldn't do nothing else. I think that's the sentiment shared by our staff. It does feel a bit like herding cats sometimes and I just got a chuckle when I saw that and thought I would share that with you. But I do want to take just a moment and talk about the Kleiner Park that was just mentioned. I'm not going to read all these numbers to you, you have seen them before, but I just ask you to remember this snapshot, if you will, because I'm going to come back to it at the end. But this represents to a sense all of the civil engineering work that goes into a park. A lot of people think of a park as grass and sprinklers and, you know, maybe a restroom and a playground, but there is a lot of the park that remains unseen that is underground. I thought I would just -- now that we are to the end I thought I would just share with you a quick montage of not all but some of the aerial photos. July 2010 was our ground breaking out there, just --just under two years ago, and you can see the progress just a few months later with the parking lots in and the ponds being created in October. Winter came early that year in November and put a halt to things in November, but by January things were back underway and you can start to see a little bit of water in those -- in those ponds. Now, the last two slides I picked were September of last year as we were -- you can start to Meridian Cily Council Workshop. June 12, 2012 Page 9 of 41 see some of the grass coming in, the ponds are now full, the senior center is under construction and, then, just last month the bottom right photo was taken May 2012 with at that time a nearly complete park and the arboretum area hadn't quite been seeded yet when this photo was taken, but it has now. The senior center or the Center On The Park as they are calling it, held its grand opening on May 25th, just a couple weeks ago. You were there. But I just wanted to acknowledge that and the remarkable event room that they now have available in that facility. The Rock of Honor Plaza is a fantastic element of the park. We had what for me will be an unforgettable unveiling ceremony last November 11th. Gene Kleiner and Mike Kleiner were in town. We had the fly over at that time and I know that Mr. Kleiner was extremely moved by that -- by that event. The active recreation complex, if you have been out there, on or since the grand opening you know active is the correct term for that. It is very very busy. Lots of people out there, unlike this photo, which was taken before the grand opening. But full of kids, full of people, which is, you know, what we love to see. The signage and furnishings have come together. The signs themselves are pieces of art. We have got the benches throughout the park that are built just for this park with the J.M. Kleiner Memorial Park logo on it and, then, this honor bench is one from the Rock of Honor. Art in the park. The obelisks and -- I think everyone knows now we have talked to, but just in case there is any questions about the wind turbines on the top of the obelisks, they did have to come down for safety reasons. They were up. We had a couple fail over the winter and between the trust and ourselves we just decided that although we miss very much the motion of those wind turbines on the top, they needed to come down and we will see if another solution presents itself. But for now they are down. And the statute that Jay Warren designed in the center of the park of Julius M. Kleiner. So, the park is now open. We are moving from construction mode to operation and maintenance mode. The park is proving not to -- not to be without its own set of operational challenges, but I have a team that is ready as any, anyway, to face those head on and address them. Now, I want to refer back to that -- the slide with all numbers and I want to pass this around. It goes with the photo that's on the top there, but last month the project was submitted for and was awarded the Civil Engineering award -- you might have to help me with the -- the ASCE, is that the American Society of Civil Engineers? Rountree: Uh-huh. Siddoway: They recognize this project because of those numbers on that -- on that slide as not only an incredible park, but an incredible civil engineering achievement and it was up against other projects across the state, including up one that's also near and dear to our heart, Ten Mile interchange was in the running, but they recognized the -- the incredible civil engineering achievement that is in this park. So, I just wanted to take a moment and mention that. Colin Moss, would you stand for just a moment. Colin Moss, as I know you all know, oversees our special events program and he does a phenomenal job, especially given the number of events that he helps coordinate, many that he puts on himself, and, then, others that community partners put on, but, then, we have to coordinate with. So, thank you, Colin, for all of your efforts. We do the special events to help build a strong sense of community. Examples. The Ignite Youth one is Meridian City Council Workshop June 12, 2012 Page 10 of 41 through the Mayor's Youth Advisory Council. The Cable One Movie Night in Meridian has been his baby for five full years and we are starting our sixth; is that correct? So, it's great to see the success of that program and to see it moving forward. Dodge ball tournament, golf scrambles -- this year we did the unplug and be outside week and we were very pleased to be able to partner with that statewide effort and offered several of our activities free of charge through our contractors to be a part of that -- that week. The Barn Sour Fun Run is coming up in just a couple weeks, so no rest for Colin. He's going from one event to the next and the Independence Day celebration on the Fourth of July. Later this summer we will have the community block party and, then, of course, at the end of the year we hold Christmas in Meridian. Last year through the help of Garrett we also started this holiday classic volleyball tournament and raised money there for needy children. So far -- last year we had 31 temporary use permits and 83 event days just over the course of the summer. 2012 we are only on the 12th day June, we have already had 17 TUPs come in with 33 event days so far. So, more still coming. And we have been working quite a bit on the special event criteria as you know. Colin also oversees and helps to coordinate our volunteer efforts. There is others across the department, notably I know Elroy does a lot with our Eagle Scout projects, but the parks crew helps to identify and help with most of these projects. But last year I just want to mention was a record breaking year for us for volunteers in our department. I think the year before was also, but we beat that -- that number last year again with over 4,400 volunteer hours, which represents 68,000 dollars in savings for labor and things that we didn't have to pay for in our department. That next number is pretty remarkable to me. Over 2,300 volunteer hours just at Kleiner Park since June of 2011. So, the past year -- the past 12 months we have had numerous Eagle Scout projects helping us with things like picnic tables, trash cans and church groups and others have helped plant trees, spread bark, and things like that and we are really appreciative of the groups that have come out and helped us out as volunteers. Moving on to the landscape maintenance. I think it's notable just to show that in addition to our parks, which we maintain, we also through contract also maintain 31 remote sites today with approximately 35 acres total in them and we know that we have additional sites coming to maintain in the future, such as Franklin, Ustick, and split corridor projects. Jay Gibbons, would you stand for just a moment. Is Jay -- there is Jay. Thanks, Jay. Jay Gibbons is our parks and pathways project manager and having Jay join our team has been a real boon to our group. We had desired for some time before him coming on to really advance the construction of pathway projects and Jay has taken that bull by horns and has got a lot accomplished, so thank you, Jay. Jay did a pathways master plan update. Worked on it last year. Beginning of this year that was adopted and approved by Council. The Jackson drain pathway, which is east of Bud Porter, was -- there was a small section -- again, we are not talking about long lengthy sections of pathways here, we were looking for small connectors, but that one was completed. Fothergill pathway same thing, completed. And, then, a Heroes Park pathway on the east side of the park was also completed. If you have been driving down Pine you probably have seen this next one, which is the Five Mile Creek pathway segment H-1, the Badley to Fairview section is still a future piece that we hope to get, but the Pine to Badley is the one that's nearing completion and they have been paving out there last week and I think this week they Meridian City Council Workshop June 12, 2012 Page 11 of 41 are pouring extruded curb and there is only about a week's left of work out there and that project should be wrapped up as well. They continue to work on the section of Five Mile Creek pathway that's in front of Bridgetower Subdivision. We are working on easements out there with the HOA and others that are adjacent. The Ustick-Linder- Bridgetower connection is the piece right next to that that's on the ACHD property and they have been working with us on a connection to get that connected all the way to the Ustick-Linder intersection. Just some construction photos from the past weeks. Of the -- these are all of the Five Mile Creek Pine to Badley construction project, with a section of culvert that had to be replaced, a water line section that was under the pedestrian bridge. You can see the hollow core panel that became the pedestrian bridge being installed and installing some of the gravel that became some of the base for the pathway, but it's been a -- it's been a big project of its own and appreciate Jay's work there. So, we have 13 and a half miles that have been accepted and are being maintained by the department right now. About eight of it is in our park system and about five and ahalf -- 5.6 miles are in other areas, like the Bud Porter Pathway or in subdivisions that have completed projects that connect. There are about 12 miles of additional pathway out there that are maintained by others today, so we think in the city there is just over 25 miles of pathway out there. Patrick Dilley, would you stand for just a moment. As I mentioned earlier, Patrick joined us earlier this year when Allison left and Patrick has been drinking from the fire hose and he's had a lot to learn in a short period of time, but he also has just taken ownership of this program better than I could have expected. He digs in, he figures it out, he gets it done. He was in charge of the activity guides that you have copies of and I love that he used photos that we have of our own parks and recreation system in this activity guide and so he's been working actively with all of the contractors that help teach the classes that are in here and summer camp started for him that he oversees just last week and it's a very very busy time for Patrick, but we sure appreciate your efforts as well. Thanks. The community center gets a lot of use. The AARP tax date actually came to City Hall this year, but the winter spring and summer camps have all been held out there. It's used six days a week with -- between one and seven classes a day. I think you were telling me today we had not only summer camp, but art camp and a couple of violin camps and something else out there. But it's being heavily used. Those activity guides come out three times a year and he also has a significant roll with the Mayor's Teen Activities Council. That's a sub committee of the Mayor's Youth Advisory Commission? Council? Committee? Council. The community center has seen some upgrades. Electrical upgrades. We came to you just a month ago with a -- an amendment that was approved to get us some needed improvements. We have a new furnace in. The AC units are being assessed and going in. The roof repair is scheduled. They say they are busy on another project called City Hall right now for some reason. But they will be over there shortly and we will be doing repairs to the roof of the community center as well. I'm pleased to announce that the activity guide participation is starting to trend upward again. When we started the downward -- when the economy turned down we started to see a downward cycle in the registrations, noting that the pay-to-play activities were being impacted by the economy, but last year we did go up in 2011 as compared to 2010 and this year you can see from the winter guide we had -- which is the purple part Meridian City Council Workshop June 12, 2012 Page 12 of 41 of bar -- oops. What just happened? I was trying to circle -- it doesn't want to -- De Weerd: I'm sorry to have to interrupt you, but it's Dairy Days princess contest and I'm a judge, so I have to leave, so I'm going to turn this over to Councilman Hoaglun to run the meeting. I apologize, but, again, I would like to reiterate how much I appreciate your staff and yourself for what you do to maintain that focus on family and family friendly and our youth, so -- Siddoway: Thank you. De Weerd: -- thank you Siddoway: So, I was just trying to point out that the -- the winter guide portion of those bars went up in 2012 compared to 2011. Elroy Huff, would you stand for just a moment? Elroy, as you know from last year's strategic presentation Elroy agreed to take on the role of the arborist. He's also had a critical roll in Kleiner Park and I think I have recognized that roll before and definitely appreciate that. But we have multiple tree projects going on. The downtown trees that this slide represents is just one of the many things that Elroy does overseeing our tree program, the golf course tree projects that have gone on recently have been coordinated by Elroy and just really appreciate your work as well. As you can see we are at 40 percent of the downtown tree boxes being replaced today. We have 12 more that are currently under construction. You have probably seen the boxes in front old City Hall that have been torn out just in the past weeks and are being actively worked on. We got a grant for tree pruning projects throughout the city and got that complete and I have one other award to pass around, which I think Elroy's name should be on here, but this year as part of the Arbor Day celebration the city received its ten year award. So, the City of Meridian has now been a Tree City USA for ten consecutive years and that is thanks to the efforts of Elroy. He submits the application every year, oversees the tree projects that they are based on and I think it's really worth noting that this is our ten year anniversary for receiving that award. Garrett White, would you stand. Garrett oversees our sports leagues and if anyone has been in sports leagues you know that they come with their own set of challenges, but no one handles them better that I have ever seen than Garrett White does. He's been growing the leagues, he has been looking for ways to make them better and has been actively involved the checking of resident and nonresident -- this Thursday he's doing more check I know. So, appreciate all your efforts with the sports leagues and the growth that we realize there and some of the new activities you brought to us. You can see here the growth that's been realized in recent years of our sports teams and our sports participation. We are reaching the point where it can't really grow anymore, because the facilities that we have are -- are maxed out both in terms of gym space and softball fields and the gyms use both our basketball programs and our volleyball programs. You can see here that the -- our spring softball field space is full. There are certain times of the year where they don't have this type of usage, but if you look at our spring softball season, we have got 103 teams this year in spring softball. You can see right here in 2012 those are the extent of use on available times, that little Meridian City Council Workshop June 12, 2012 Page 13 of 41 bit of -- that 36 at the top is the spaces that are held open just for rain outs and I think most of those are going to be taken up this year with the weather. How may days? One day left. One day left in that -- in that schedule. You can see the gym usage also on the right. Too bad the Mayor left, but I think she knows this, because she asked for the numbers a couple of weeks ago, but just to let you know, Garrett helped to put on a girls fast pitch tournament last month and it brought in 24 local teams, as well as five traveling teams from other states. He did some asking around about amounts spent, so these are -- these are estimates, but they are estimates based on actual feedback that we got from -- from players and teams that were coming. We estimate that one tournament resulted in over 63,000 dollars spent in Meridian over the Memorial Day weekend as part of that -- that tournament. So, good job. I want to recognize the efforts of our Parks and Rec Commission. They have set their priorities -- and I'm not going to read them all to you. They were presented to you by our President Phil O'Dell. Just looking behind me to make sure I don't have any commissioners to recognize. But we have a very active and, frankly, awesome commission. They always come, they are always engaged, they are passionate, they love what they do. There is a group of them meeting upstairs in about eight minutes. They are our parks amenities group and they -- they do a lot for us and their -- their priorities are updated yearly and shared with Council. I will just mention at the bottom of this slide the committees that are involved. We have three committees that that group divides into. Our recreation and special events committee, our parks amenities and signage committee, and our community liaison committee and that community liaison -- the issue of the dog park task force that's mentioned there, they have recently taken on an actual video that they are filming clips of our activities this summer. Hoaglun: Phil is just coming in the door, Steve, just if you want to acknowledge him. Siddoway: Well, let me take a moment to acknowledge our president, Commissioner Phil O'Dell who just walked in. I was just going over your 2012 priorities. We appreciate our volunteers -- citizen volunteers on that commission very much. They donate their time and they give us a significant amount of time on a monthly basis. We are to the last few slides. We are not going to -- each one of these could deserve a slide or two of their own, but we are not going to take the time to cover them, but we have realized several additional accomplishments since our presentation this time last year. There has been a second round of golf course trees that have been coordinated and planted out at the golf course. We also held our second parks and recreation community golf scramble. The funds from that one benefit our care to share program. The recycling pilot program at Settlers Park, Mike Barton has helped to coordinate that and we got funds through the Solid Waste Advisory Commission and we have been very excited and grateful to get that underway and it's been going great. I can't say enough about the maintenance shop property purchase and how important and excited we feel about that. Efforts are underway heavily right now and that project's moving forward in grand measure. The Cherry Lane property purchase next to the Borup property, about 17 and a half acres there, we are grateful for. We finished the agreement with the Rock of Honor, in addition to the Rock of Honor project itself. Movie Meridian City Council Workshop June 12, 2012 Page 14 of 41 night improvements, including some electrical work that was out there to keep circuit breakers from tripping. Last year after our presentation we did receive an AIC award for the Heroes Park reclaimed water partnership that we have with Public Works Department. We have a community garden partnership in Kleiner Park and that agreement came through Council just a few weeks ago. This winter we were able to do some improvements to the Tully Park dugouts and get the roof on that that you see in that right-hand picture there. Those improvements have been incredibly well received and we have had just a ton of great comments come back to us on that. Appreciate the parks crews' efforts there. The improvements out at the -- additional improvements at the Mo Brooks field, you saw many of them when we were on our tour last fall. The Ten Mile interchange landscaping has been being coordinated -- or portions of it that ITD is still working on in order for us to fully take that over. But you will see some additional improvements out there by ITD soon. We help coordinate with ACHD the storm water facility landscaping out at Linder and Chinden and we have been actively engaged with both the fire department on their continuity of operations plan, as well as the Public Works accreditation. We had a whole set of section to do there and appreciate the efforts of Mike, Roger, and others in helping to put together -- and, Jay, you were heavily involved in that as well. But many people have taken part in the completion of those plans. Our smoking in the park policy has gone into effect since the last presentation. Just so you know, it's been submitted for an AIC award for this year. Haven't -- haven't heard back yet whether or not it's been accepted, but it has been submitted and just wanted to make you aware of that. Present Challenges and Opportunities, we are actually working on our Storey Park master plan and the land and water conservation fund conversion. There was meeting today, in fact, to talk about the selection of an appraiser for that project to praise the properties involved. The field house concept plan we hope to move forward to help address the gym space needs and we have land to do it on. The MYB overflow parking is adjacent to Settlers Park on school district property. We hope to put some additional temporary parking here. The skate park in Tully Park has its operational challenges. The police department has been a great partner recently and just want to acknowledge their efforts with their bicycle patrols and others out there. They have been really making great effort to help us take that back and -- and make it a more family friendly place. The dog park we know at the police department -- we will lose sometime soon, when the planned police department improvements move forward, so we are trying to make plans for that out at the Borup property. We have challenges associated with large events in Kleiner Park figuring out how to deal with our softball field and gym space and the increased event coordination. Major current projects that we have underway going to design and soon to development. The tennis project in Settlers Park we hope that -- the partnership there that was going to build us an indoor facility will not be able to build us an indoor facility. We are planning to move forward with impact fees to build the outdoor courts that were originally envisioned there. Pathway projects, the ACHD cost share and, then, our -- my favorite the -- maintenance facility design and construction and you see the concept plan of the elevation there, but a lot of work has happened since these were created and we gave you the update about a month ago. Mike Barton has been working with the project manager, working closely with Kreizenbeck and the architects Meridian City Council Workshop June 12, 2012 Page 15 of 41 and there are at least weekly meetings, sometimes more, and they have been through a number of issues and we should be getting to detailed plans and construction documents in short order. In fact, I think they have about a 70 page plan set ready for us this week I understand. So, appreciate all the efforts there moving that forward. Well, with that I thank you for your time. Like the video at the beginning, you know, there is so much that we feel at times a bit like herding cats, but we love being cat herders and we -- we love what we do. Hopefully that shows and we appreciate your support for the things that we do. We know that you have real passion of your own for parks and recreation issues and many of you have done it for longer than we have, so thank you for your help and we will stand for any questions. Hoaglun: Thank you, Steve. Are there any questions, comments from Council Members? Bird: I have none. Very good Rountree: Good job. Zaremba: Mr. President, I would just add my thanks to what has been said before for all of you and all of the effort that you put in and Steve as your leader, all the effort that you put in. As I-drive around I try and swing by parks as I'm on my way other places and I see them full and people enjoying them all the time and that's really what it's about is the community out and interacting with each other in our parks as a place to be out and about and I'm just thrilled to see what I see and I know how much work goes in behind that I don't see, so I appreciate all of you and thank you. Siddoway: Thank you. Hoaglun: Thank you, Steve. Appreciate the presentation, the work of your staff. Parks commission, Phil, if you could pass on our thanks for everything they do. It's agreat -- great effort and you can see the -- the results out there and it's wonderful everywhere. Thank you. Siddoway: Thank you very much B. Annual Update and FY2013 Budget Request by Kelly Fairless, Executive Director of Valley Regional Transit Hoaglun: Next item on the agenda is annual update and budget request by Kelly Fairless, executive director of Valley Regional Transit. So, welcome, Kelly. Glad to have you here today and your presentation. Fairless: I have got a handout I'll -- Mr. President, Members of the Council, thank you for the opportunity to be here. I keep saying that I can't believe a year has gone by, so -- seems like I just blinked my eyes and here we are. The graphic I handed out -- and Meridian City Council Workshop June 12, 2012 Page 16 of 41 I'm going to apologize for anyone who will be at the MDC meeting tomorrow, because you will hear the same presentation. But maybe I'll do it better tomorrow having had so much practice. So, the handout is really to kind of guide the presentation. I'm going to walk through some of the -- and highlight some of our activities. I am going to spare you some of the details from things that are probably more relevant to the other cities in our jurisdiction, so I will just kind of get through this fairly quickly. First I want to recognize that the board did adopt the change in our governance structure that we talked about last year. Councilman Rountree was the leader in that effort and I'm proud to report that we have seen a higher participation at the two annual board meetings than we had been seeing before, so that was a very positive result. And also it's given staff time, which is what we were hoping would happen, to be able to get in the communities and work more closely in each of the jurisdictions on the projects that will benefit those jurisdictions. One example that I have spoken with several of you about is our senior ride project and I will have a little more to share with you on that as I go through the presentation. We did finalize Valley Connect and this graphic represents all of the products and services that are under that. It's really the first time we pulled together all of our planning under one -- one document to tie together not just the services that Valley Regional Transit is directly responsible for, but also the services throughout the valley that are being operated by other providers as well. The ride line, which is at the center of the graphic is our signature project for the next couple of years. We are putting together a one stop shop customer information center. We are excited that the -- moving into the new building is one of the -- was one of the milestones we needed to reach, so that we would have a call center location and one wing of the building is dedicated to the call center. We have also set up the staffing to administer and coordinate transportation services throughout the region. We are developing an implementation plan that will continue through the phases of developing and implement ride lines. We are making a lot of technology investments. The phone system in the new building is part of those investments as well. We instituted travel training in the organization as a paid staff function. It had been being under the Americor program and we have now two travel trainers in the last years. They have been -- they have travel trained 158 individuals and we have enrolled six travel ambassadors and these are people who just create a buddy system for folks who may be nervous about riding, don't require the real intensive travel training that's offered. We have also been expanding our outreach to employers in the region and developing bus path contracts and that not only helps us increase our revenue, but it also increases our ridership as well. On our traditional Valley Ride public transportation services, the services -- the inter-county routes we are seeing a slight increase in ridership from last year. The other services we are seeing stay fairly level. The Canyon county local service is down slightly. We are excited to report that all of the inter-county routes now have 40 foot CMG buses on them, so we have been able to increase our capacity and that might be one of the contributing factors to why we are seeing more ridership on those -- those routes. These buses are more designed for those longer distance and the capacity is going to help I think build ridership. We have also been installing shelters, bus stops, and benches. We received federal funding a couple of years to do Americans With Disabilities Act bus stop improvements. We have 36 standard shelters that are going to Meridian City Council Workshop June 12, 2012 Page 17 of 41 be installed in 2012. Fourteen of them are in Canyon county, 22 are in Ada County. We use a combination of rider hoardings at a location, as well as serving particular activity centers where shelters are important. We have 155 bus stop improvements that we will be completing in Ada County and we have also been working with the College of Western Idaho on a bus lane for their campus, a park and ride, and we will be installing more infrastructure at the CWI campus as that develops as well. We have been installing benches in -- 150 advertising benches are now located throughout Ada and Canyon counties. We also have been installing historic benches in the historic areas of each of the communities where service is -- is available. The system that runs our inter- county service, it's anchored out of Nampa and that facility is very undersized for -- as the system grows and we have completed an environmental document and appraisal on anew location in Caldwell for a transit and operations facility that this -- the service that comes through Meridian will be utilizing if that project gets completed. We are feeling really confident about that. It did -- at least it's the two major milestones for first federal funding. One is we do have the initial phase is funded at 500,000 federal dollars and we were able to get our environmental document and our appraisal done. So, that location that we have identified for that is the Happy Day Ford lot that's -- facility that's in Caldwell. So, we think it's a great utilization of that space. We won't have to build it from scratch, we can remodel the building, so we are excited about that. The last area I'll touch on is our Go Ride program and those are more community based transportation services. We have been developing a volunteer driver pool. We have about 28 volunteers in the region right now. Seventeen of those are in Ada County, 11 are in Canyon county. Just in the month of April we had 128 rides on the volunteer program. We are developing a vehicle sharing program, which is where we have vehicles that are in a pool. Some of them are retired vehicles from the transit system. We have been using retired vehicles from Ada County Highway District. We have been able to develop memorandums of understanding with certain human service agencies. Some examples are Parma Senior Center, Kuna Senior Center, Create Common Good, and the International Rescue Committee. And they are able to access those pool vehicles, rather than -- for example, Kuna, their vehicle, their existing vehicle, is broken down quite a bit, so they are able to access a vehicle that, then, can keep their service whole. So, they are using it as much for continuity of service and for special events that they may be hosting. Create Common Good has been using it as job access vans for their workers at the farm out off Federal Way and the International Rescue Committee is also on to use it to help with job access and resettlement of refugees in the Boise area. We have also working with -- we are going to be working with Catholic Charities, Easter Seals, Life Church, and some other churches to try to develop and expand the opportunities for transportation to their populations. We are in the process of developing a job access van pool. We have been working with Nunhems Seed Company out in -- in Parma area and looking at serving employers there in somewhat difficult places to serve with a more traditional public transportation system. So, we have also been working with Simms Fruit Ranch and the Idaho Office on Refugees. They are struggling, from what I understand, with finding employees to pick fruit and they are looking at using the refugee population to pick fruit and we are also providing the vehicle as a job access van. So, we are excited about that opportunity. With that Meridian City Council Workshop June 12, 2012 Page 18 of 41 will stop here and stand for any questions that you may have. Hoaglun: Thank you, Kelly. Any questions for Kelly? Bird: I have none. Hoaglun: Councilman Rountree? Rountree: Mr. President. Kelly, first, I'm pleased to hear that the governance change has resulted in what we thought would happen and that's great. I'm excited about that. You mentioned the vehicle sharing and the partnership with ACHD. Have you reported success to them and have they reciprocated on being more open to provide those vehicles in the future? Fairless: Mr. President, Councilman Rountree, we met with them a couple of months ago and reported on how the program is going and I think it's helpful that we are bringing additional vehicles, we are not just relying on their vehicles, and we requested for up to four more vehicles and they seemed favorable to that. We are just working through the -- the bureaucracy to make it happen and so I was encouraged by the meetings. Rountree: Great. Thank you. Hoaglun: Anything else for Kelly? Bird: I have none. Hoaglun: Done? Okay. Well, thank you for that update, we appreciate that, and it sounds like these are moving forward in fine fashion. Not herding cats at all like parks; right? Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I was understanding that you were going to have a budget discussion as well, though. I appreciate the early part of the presentation. Fairless: So, the budget request was sent several weeks ago and I was just -- if you all have questions. It's our pretty standard budget request, so we did include in that -- we needed to make an adjustment in the budget request to make the per capita dues. We were flat in our request the last couple years. Unfortunately, the populations didn't stay flat, so it threw us out of whack with our per capita request. So, the request that you all got did two things. One, it made that adjustment on the per capita dues, so that everybody's got the same rate again and, then, it did include a two and a half percent Meridian City Council Workshop June 12, 2012 Page 19 of 41 increase in the request that you all are asked to consider in your budget process and that -- we have had three fiscal years without any increases and we can't kind of continue to hold that. We have been really fortunate to be able to -- for a variety of reasons to be able to keep our budget at that level, but there is only so long that you can do that and we have kind of reached that point. Hoaglun: Good. We will take that up when -- during the budget sessions and appreciate that update, Kelly. Thank you. Zaremba: Thank you. I would comment that Kelly and VRT do an excellent job with next to nothing coming in. I mean this is not a secure business to be in under the present funding scenario and you do a wonderful job with what you have got and to keep your requested increase so small after several years of not asking for one at all is appreciated and I know we will consider that. But thank you for all your work. Fairless: Thank you. And I do want to -- I guess reserve the opportunity -- the board is going to consider the outcome of that senior ride project I was telling you about and to maybe come back and talk about that in more detail once that's adopted and we are going to be looking at each community as parts of zones, so we will have some recommendations for each jurisdiction and that's something that the executive board will see in July and, hopefully, the board will adopt it in July and, then, we will be back in and it will seem like the year went by really fast that time. Hoaglun: Yeah. We look forward to hearing that report as well, Kelly. Thank you. Item 6: Items Moved From Consent Agenda Hoaglun: We had no items moved from the Consent Agenda. Item 7: Department Reports A. Parks Department: Strategic Plan Update Moved to Item 5A1 -Following the Scholarship Presentation Hoaglun: 7-A was moved to 5-A-1, so that one is completed. B. Community Development: COMPASS Communities in Motion 2040 -Growth Scenarios Discussion Hoaglun: So, we are to 7-B, Community Development, COMPASS, Communities In Motion 2040. Is that you, Caleb? Hood: Mr. President, it is, and with your approval I would like to just stay seated over here. I have got some larger version of some of the maps I'm going to show you, so I can read my notes and kind of flip through charts as we go through the PowerPoint Meridian City Council Workshop June 12, 2012 Page 20 of 41 presentation. Hoaglun: That would be great, Caleb. Thank you. Hood: It seems like I was just here asking you all to endorse the Communities In Motion 2035 project with COMPASS, but it's time again to update that long range transportation plan. Because I was here not too terribly long ago -- a year so ago, 18 months ago, asking you to endorse the 2035 plan, I'm not going to go through a lot of the background information. I will assume at this point that you all know what the CIM is and does for the most part, that it is the long range transportation plan for Ada and Canyon counties. COMPASS is currently at the gross scenario stage, which I think you all were invited. I don't remember who participated here at the end of February, first of March. There were three workshops held in Ada and Canyon counties . Again, I know you were all invited, but they are at the point where they are trying to choose a preferred growth scenario for the valley, so I wanted to run through that with you a little bit today. Before I get into some of the details Ijust -- my thoughts on this are -- I'm trying to see if I can get some consensus from the Council on this and, then, put a response back to COMPASS under the umbrella of it being a response on behalf of the city. So, if you would rather do it individually, that's fine, too. I would just encourage you to submit -- we do only have a couple of more days. Sunday at midnight is the deadline for getting our comments over to COMPASS. So, again, with that in mind, if we can -- I'm going to pause in a couple of locations and, then, share those comments with COMPASS, reflecting your all's thoughts, so I'm going to move forward. There is a lot to get through, but I'm going to try to do this in 20 minutes or so. So, maybe to start I will let you know that the -- that I did host a meeting and a BAG with Meridian's transportation task force here last Thursday. We didn't have everybody in attendance. I was hoping for a few more, but just quickly to give you a synopsis of how that meeting went, the preferred land use scenario -- and I realize you haven't probably seen these yet, but most of the members that were present at our meeting last week preferred the hometowns and the town and country option of the four the most. I will put a caveat to that. We were -- we spent most of the time just looking at the land use designations and comparing them to the -- to the city's comprehensive plan, which we will do a little bit of this afternoon as well. I kind of want to take a little bit of different approach with Council and kind of bring you back out to the 40,000 foot level and look at it as a regional plan. You know, we will also zoom in and look at our -- our future land use map a little bit, but more some of the themes that seem to arise with some of these options. Some of the discussions that we had with the task force, they did like -- like the option to preserve farms, but realized there aren't a lot of tools in our tool box if we are going to pick something that preserves ag land. There was some realization that housing options and choices need to change or will change over time, i.e., there will be some -- a need or a want for some smaller lots and homes that are closer in, maybe even integrated with other types of uses close to parks and shopping opportunities. So, with that assessment of the task force discussion last week I think we will get into this. So, again, in February, March, there was participation -- I think it was about 170 or so folks from the area from a vast range of expertise and backgrounds that -- that Meridian City Council Workshop June 12, 2012 Page 21 of 41 participated in COMPASS's workshop. From those 27 table scenarios COMPASS has worked with their consultants to narrow that down to four land use scenarios. They vary pretty significantly and we will see that here in a minute. There are some things that are the same that I would like you to remember as we go through this. The horizon year is 2040 for all of these. The overall population is one million 22 thousand and there are 466,000 jobs. The difference, really, is how those jobs and the population are allocated throughout Ada and Canyon counties. So, again, COMPASS synthesized all those. They used some of the comments that were filled out from the workshop participants in coming up with the themes for these four scenarios, again, that we will look at here in just a minute. These are the most important things that were identified by the participants of the Meridian, Boise, and Nampa workshops. I did want to just pause here and see if you concur with what our most important -- and particularly the Meridian ones -- or if there is another group that you seem to identify with as being the most important moving forward, if you would share that. That is one of the explicit comments that COMPASS would like feedback on and if there are any others that aren't listed here or if you have any issues with these indicators, but, again, the context of this is moving forward in the future, one of the elements on the right are most important and maybe if you have the top two or, again, if you can just say, you know, if you like the distribution of these better amongst one of the three workshops more than the other, I would ask for some input on that if you have any. Hoaglun: Caleb, real quick. What do you mean by health? Health jobs? Health -- health? Hood: It would be community. So, just a healthy community. So, a lot of that has to do with walkability even. Access to doctors, medical services. I'm not -- that one I'm not exactly sure what all is included in that health element, but it would be something along those lines. I don't think it goes back to the health of our economy or jobs, but is a quality of life type health. Hoaglun: Well, from my perspective, you know, economic development and transportation kind of go hand in hand. I mean if you're looking at retail operations or even workspace where you have manufacturing or service jobs, you want to develop those and expand what we have currently and transportation is a key factor in that, because of people moving to and from work, goods being transported to and from. So, that looks pretty good for Meridian. I could see where that would be the top two and it looks like economic development is a little stronger and yet transportation is very important component of that, so -- Hood: Any other comments or any indicators that you don't see listed here that maybe should be considered as we move forward in the transportation planning realm? If there is not that's fine, too. Zaremba: Mr. President? I would just add that I -- the way the Meridian one is distributed works very well for me. I like how that came out. Meridian City Council Workshop June 12, 2012 Page 22 of 41 Hood: All right. Zaremba: And as Councilman Hoaglun pointed out, even in this case, transportation and economic development make up over 60 percent of those who rated them as top interest and I agree with that as well. Hood: Okay. So, a couple of things on this slide and as we get into the scenarios, you don't need to swallow any of these scenarios whole. I will -- I will point out certainly some shortcomings as I see them in some of these, but it is more, again, to provide feedback as a preferred scenario is drafted and if the baseline from one of these can be used as we tweak that to more represent what the future looks like, that's the idea here. So, I'm not going to dwell on this slide too much, but -- but I'd like to hammer that point home that you don't -- you don't have to choose one of the four and say we endorse this one, it can be a combination of the options as well. So, getting into the first option on the table, active corridors, let me just read a little bit of -- about what this scenario contains as far as themes. So, it locates new housing, jobs along transit corridors. High capacity transit would serve State Street and a route parallel to I-84. Much of the new growth would be higher density and mixed use. The goals include minimizing congestion and improving housing and transportation affordability. I will -- as you try to, you know, wrap your head around, you know, the colors on the map, yellow does represent medium density residential. Green -- I know it's kind of hard to see here is lower density residential. The darker browns are higher density residential. The key you can kind of see on the left and I've got another map here that we will look at that kind of synthesize this and compares it to -- you know, zooms it into Meridian specifically, but, again, a lot of the growth is congregated along transportation corridors in this scenario. With this scenario -- Hoaglun: I think, Caleb, that was true when the wagon trains were rolling through, too. Hood: Yeah. It is typical of development. Transportation opportunities certainly attract and will drive new transportation opportunities, too, so -- in this scenario the population for Meridian -- and this includes the -- our areas of impact, too. The population would be 181,562 in 2040. Nice round number. And jobs would be 61,688. Those rank three and four respectively out of the four alternatives, the third lowest population, and the fourth highest number of jobs in this scenario occur within Meridian in our area of impact in 2040. Just to kind of put that in context a little bit today, I heard a little bit of Steve's presentation. In our area of impact our population right now is actually estimated at 88,431. So, 78,000 being within current city limits, but 88,000 just including our area of impact in the county. So, jobs are about 29,000 jobs currently within Meridian in our area of impact. So, again, just to kind of -- as we go through these that's a today scenario, is a 2010 number. So, what we have put together -- I have gotten some help from Brian McClure -- actually, a lot of help in putting this map together. He did all the work and what he's done is he's overlaid Meridian on top of our future land use map. So, you can kind of see where, one, the growth is allocated. So, if you look at the black Meridian City Council Workshop June 12, 2012 Page 23 of 41 -- I'll try to point this out here with the -- the mouse. But any of the figures that are black outlined, the land use has got a black outline -- that's where growth is anticipated between now and 2040. So, you can see again -- not surprising, you know, most of the things between -- you know, just south of I-84, north to about Ustick, that's where you see most of the growth in Meridian occurring in this scenario. The areas that are shown as cross-hatch would be redevelopment. Basically, either wiping whatever is there on the ground away and it's going to be rebuilding new within those -- those shaded areas. As we kind of look at this comparison, it's -- it's a little unfair. It is a little apples and oranges, because, again, our future land use map doesn't have a build out year, it's just build out. However long it takes us to get there, those are the land uses we assume. This does have that horizon year of 2040. You know, it's a little unfair, too. A half day workshop to a two county plan versus our plan, which has been evolving for the past 25 years and we know some of the details of what's going on, our infrastructure plans, and having people that are -- maybe not familiar with Meridian designate land uses on here, you know, again, that's what I see as what should come, but just to kind of keep that in mind. It's not a real fair comparison to critique these two heavily. But we will do a little bit of that. So, I just want to point out a couple of things on this -- on this active corridor that I find interesting anyways. If you look in the northeast part of town, really, they haven't allocated any growth up there. It's kind of -- you know, our plan still shows up there, but they haven't outlined them -- any of them in black, which I find odd, because the city of Boise comes right up there. So, you- know, the services are there, Boise is there, we have growth occurring there, but, basically, in that area just south of Chinden and east of Meridian Road, very little -- no growth, essentially, up in those couple square miles. I find that interesting. I'd also carry that thought forward into north Meridian. If you look there, there is, basically, no growth north of Ustick, you know, east -- or west of Linder, which I don't see that as very feasible in 2040. I mean that's where we are growing now and we are going to trend to grow there. So, you know, it's pretty intense in the rail corridor again, which isn't surprising with some of the key themes from this one. It's probably a little too intense. They have some high density residential going in the Ten Mile area where we don't really have it planned even north of there where, you know, we may see some in-fill in those areas, but it's pretty intense on those areas. The Ten Mile area stuff that they have is actually pretty close to the Ten Mile interchange specific area plan. I mean with the interchange there what you see here pretty much is what our vision for Ten Mile is. So, that one actually matches up pretty nicely. A weird outlier with all of these -- the Winco, Home Depot, commercial area, you know just at 1-84 and Meridian Road, Progress, all four of the scenarios show that being scraped and an office park being put in there, which I just find very odd. I don't know -- and Idon't see that being feasible. So, if you look here, again, Storey Park, the speedway, they all go away and it's office parks. So, a little concerning on that -- on that front. But, anyway, just some of my observations. I'm not trying to influence you too much in your comments, but just kind of compare and contrast type things with active corridors. So, are there any comments or do you want to spend anymore time on active corridors at this point? Hoaglun: Yeah. Unless members have comment, keep rolling along. I mean I just Meridian City Council Workshop June 12, 2012 Page 24 of 41 think, Caleb, my observation is when they do things like that I'm thinking we are spending time with people in the community, developers who have purchased property, are looking long term, we get a feel for what's going on and we kind of do the zoning based on what is coming down the pike and what works and we look at transportation corridors, I kind of trust our local involvement process a little better than other folks coming' in and just doing that half day workshop. I appreciate their effort, but at the same time we kind of get a little more involved in that and a lot more details, so -- Hood: And I appreciate the comment. Again, I think we will bring this back, if we can, at the end of the themes, because we could shoot holes in these scenarios all day, but I will keep going through these and I will move on to the second one. Zaremba: Mr. President? Hoaglun: Councilman Zaremba Zaremba: I would just add a comment. I went to one of the workshops and I enjoyed it very much. It was a good exercise. But I think Caleb has captured -- at the table that I was at one of the instructions that we were given is don't be constrained by what's already there and don't be constrained by what it might cost. So, these scenarios are wishful I think. Certainly on the one we just- looked at if you wanted to say active corridors and let's pack all of the growth along the existing highways and railroads, that's what you would get, but -- and they did come up with some good ideas generally, but they were not constrained by reality as part of their instruction. Hoaglun: So, it would be like my wife -- me telling her, honey, where do you want to go on vacation, no matter the cost, it would be good. So, yeah. In your dreams. Zaremba: I think the good work came out of it and we can, you know, look through it and express opinions, but Caleb is correct, that they were not feeling constrained by existing conditions. Hoaglun: Okay. Thank you for that, Councilman Zaremba. Caleb. Hood: Okay. So, scenario number two is titled Hometowns. Some of the themes from this -- it builds upon the existing cities and makes them sort of independent complete communities, with local jobs, housing, parks, and schools, most single family homes are built as in-fill within existing neighborhood and are located near existing parks and schools. New jobs, including industrial, commercial, and office space are concentrated near the rail line. The scenario potentially supports new highway development, given the new development in rural areas. They include short commutes and lower infrastructure costs with more consistent jobs to housing balances. So, that's -- that's kind of the background information on this synthesized theme. You can -- and it's really kind of evident if you look at some of the smaller communities as you compare these. Some of the scenarios certainly impact some of them in these themes, more than Meridian Cily Council Workshop June 12, 2012 Page 25 of 41 others, like a Parma that doesn't get many jobs or additional growth along active corridors per se or some of these other ones, so some of the smaller communities certainly are effective again, greater than like a Meridian or a Boise. So, just to put this in -- back into terms that are a little bit easier to understand, the population in Meridian under this scenario would be 174,182. There would be 77,979 jobs in 2040. Again, those rank number four and number three respectively across the four scenarios for population and job growth. So, to compare it to our current plans for land use, this one actually matches up fairly well with our current comp plan, future land use map, with -- with both land use designations and probably where those growth areas will be in Meridian. You can see north Meridian, certainly there is a lot more growth actually made -- you know, I don't know how much -- depending on when 16 goes in, getting those -- you know, starting to bleed across the west side of McDermott Road. It may be, you know, 2040, probably, within the realm of possibility. So, again, looking at the designation, they seem to match up pretty closely to the city's vision. Even Ten Mile -- Ten Mile is, you know, not the exact plan, but the intensity and kind of scale of a lot of the land uses and the growth in that area certainly match up. The corridor -- Ten Mile corridor heading south is a little more intense than what we are envisioning currently with -- through the South Meridian Plan and, you know, right now we don't have any designations out there. This is really a trend type scenario, if you will. I mean it's kind of the way we have been growing and would just sort of expand that out 28 years. So, kind of an outlier, too. There is a huge park in south Meridian that isn't surrounded by any development, so those are the two square miles you see down there ,which is just a really large park. And, again, the intensity I think along Ten Mile and, then, again, the commercial park at Meridian Road and I-84 being scraped and redeveloped with office. So, those are some of my comments on this one, but, again, it's some of the same if you will. That's what we have now. So, any comments on -- on this one at this point in time? Hoaglun: No. Hood: Okay. Option number three. Town and country. So, the town and country enables cities to become denser and more walkable, while smaller rural towns would see minimal growth. This scenario includes a variety of housing choices, with the highest density options and the most new multi-family development. They are both transit system of support, the higher density walkable communities. Key goals include protection, walkability, and access to a mix of uses in central areas. So, some of those themes shared across these different options. This one in the active corridor actually shares some -- some similarities as well. Walkability is a little bit higher theme here. So, doing the comparison -- I guess I should give you the number, since I have been giving it for the other ones. Population in town and country would be 186,433 for Meridian, with 82,657 jobs. Those both rank as number two across the four scenarios for that 2040 horizon. So, in this one, you know, north Meridian I think is probably pretty accurate. You can see some of the -- where the Tree Farm is currently, showing some of that being developed even further. I think that's pretty -- probably pretty high likelihood in north Meridian and the land uses match up pretty well with what we have Meridian City Council Workshop June 12, 2012 Page 26 of 41 got planned. Again, they have left kind of that area between us and Boise. They aren't allocating any growth there, which I just think is a little odd, with utilities being there and it being, you know, closer in to things. I will call out, you know -- it's some of the office park expansion stuff where you have got on Meridian Road south -- between Overland -- south of Overland, there is -- there is homes in there and it's showing office in the whole section, which is just odd. I don't know -- you know, Meridian Greens and some of those other subdivisions, they aren't going away, so even in-filling them I could see some of that maybe along Meridian Road, but to take that all the way internal to that section just seemed a little bit odd to me. That's a lot of office to even be in-filling with and the location, Ijust -- I didn't understand. There seemed maybe to be -- and I will follow some of that through as you move back to the west and south of the interstate, scraping some of those homes and things that are in there I don't see -- you know, there is certainly some opportunities for some in-fill, you know, there is some one and some five acre lots in there. But I don't see those homes going away and building higher density residential and even some of the mixed uses that they have shown in this particular scenario. So, it's pretty intense, too, which we aren't necessarily envisioning at this point for those areas. So, kind of a head scratcher there. Again, that huge -- there is a huge park shown in southwest Meridian that takes up, you know, two square miles, which is just enormous. So, I don't know how they synthesize that in. We don't have any plans, so I didn't compare this against all the 27 tables during the workshops, but, again, that -- that seems to be not very feasible there. But, again, that's just some of my things comparing the two that I saw were pros and cons to this scenario, so -- Hoaglun: From my perspective, Caleb, your -- your observations are spot on. Anybody else, Council? Bird: I have none. Hood: Okay. The fourth and final option at this point, outdoor playgrounds. So, I will read -- this one is a scenario that maintains the region's agriculture and recreational opportunities with farmland presentation, regional open space, and robust trails and parks network. The scenario provides for density in major centers and lower density in areas outside of environmental constraints. Key goals include better access to parks and maintaining agricultural and environmental resources. The numbers for outdoor playgrounds for Meridian, the population would be approximately 198,321. The jobs 86,339. That ranks -- those are the highest ranking of the four scenarios for jobs and population in this scenario of outdoor playgrounds. So, this scenario -- some of my observations anyways -- get to that slide here. They have placed in this -- in this synthesized scenario large area of -- working from north to south -- of office north of Chinden there that Ijust -- that's probably not how it's going to develop anyway. At least that's not consistent with our plans. We have got some new residential going in there now. Spurwing. So, having it be that intense with office just doesn't seem like where that's going. So, that jumped out to me immediately. If you move just south of there a mile and a half or so, they have redevelopment of some residential neighborhoods near the intersection of Ustick and Linder, north of Ustick there, that, Meridian City Council Workshop June 12, 2012 Page 27 of 41 again, I mean most of the homes in there are fairly new and I don't see them wiping out entire subdivisions to build just slightly higher residential cities. Certainly some in-fill, maybe some mother-in-law quarters, some things like that, but the cross-hatch represents scraping of whatever is on the ground currently. So, that kind of stood out to me as well. Hoaglun: And I think, Caleb, that includes my house, so it ain't going to happen Hood: Get ready to move. Yeah. So, this -- some of those things didn't seem to be real feasible. The Ten Mile area, again, it doesn't jive with what our plans are for Ten Mile. There is quite a bit of office there, which isn't inconsistent, but the land use types don't align as well as some of the other scenarios do, particularly south of the interstate along Ten Mile. It's pretty intense with commercial and we just don't really envision that was for commercial or office. There is residences that are there, a lot of them on larger acreages that -- you know, Icould -- I'm not saying that we won't see any office there, but it won't probably be largely office in those areas. The low density towards -- towards our boundary are shared future city limits with Nampa. That does seem to be appropriate low density residential there along that boundary. It is a little bit odd. You can see the growth coming up from Kuna north and a band of white in there where there isn't really any growth, so I just find that, you know, interesting to point out that the Ten Mile corridor isn't as developed in this scenario that it is in some of the other ones where they show it being seamless, basically. It's that connection point between us and Kuna and here there is a gap in that growth for jobs and housing by the year 2040. So, anyway, just a couple of my observations on -- on that scenario and I don't know if there is any comments on that one or not. If not, I'm going to move on. Hoaglun: I guess, Caleb, maybe white means there is lack of sewer. I don't know. Councilman Zaremba, do you have a comment? Zaremba: Mr. President. Caleb, both of these last two had I think a little higher emphasis on preserving ag land and as was discussed at the table that I was at, if that is to be your point, we are taking as a given that in 2040 the population of the entire valley was going to be 1.5 million or something like that or one -- Hood: Just a little over a million Zaremba: Yeah. 1.28 or something like that. So, the point that we all made among ourselves was, okay, if you're going to set aside all these square miles for ag, then, that growth has to be compacted into other areas and so Meridian's own vision of what our growth is likely to be and -- and what we are already planning on, in my opinion, is a little closer to the possibilities than any of these projections. I just -- from my own experience of living other places, preserving that much ag land when there are development pressures is difficult. But you can certainly understand in the last two scenarios, the town and country and the outdoor playground, what they are trying to preserve means that you have got to put pressure on the other areas to have the growth Meridian City Council Workshop June 12, 2012 Page 28 of 41 condensed. So, you ask to see that as the result comes out here, but I just wanted to point out that that's what makes it happen that way in these scenarios. Hood: Thank you. So, I won't spend really much, if any, time on this. This is in your memo. It compares -- this is a comparison done by COMPASS and a consultant that just sort of compares them, but I don't want you to put necessarily a lot of stock in this. You know, as was the point made earlier, I think our plan probably does it best at this point. So, I don't know, you know, how we are going to form comments, if that's -- there is consensus there among the Council, but maybe we will visit that in just a second. I just want to cruise through real quick the -- these heat maps. So, there is active corridors and where the population density -- so, again, red being the most intense, white being very low. Hometowns for population. Town and country. Outdoor playground. Here is the employment heat maps. Employment density. Active corridors. Hometowns. Town and country. So, there is the information. I hope you have a chance to -- you know, to review the staff memo and I know some of you have already participated in this process being on the COMPASS board and being hit from different -- different directions to participate in this, but, you know, as we get to maybe some -- some final comments I think for the comments at this point I'm supposed to ask you to imagine life in 28 years, where are you living, where are you working, what does the transportation look like. Do you drive? Do you bike? Do you walk? Are you taking a bus? And, then, which if any of these futures do you see yourself living in, if any. And, again, you don't have to swallow them whole. There can be, you know, concepts from these that you like the best. So, with that I have kind of put my preferred scenario at the top of these, but, again, as we -- as we comment back to COMPASS, you know, the ag preservation comment came up again from Councilman Zaremba, are there any other things that you have heard today from any of these that -- or baselines of any of these themes that you can -- that we can get behind. We see ourselves getting behind and really supporting and maybe even coming up with the tools to implement it as a region as we choose a growth scenario for long range transportation planning. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: To your last point in 28 years, if I'm on the right side of the grass, I hope I have all my faculties, but I'm not going to be concerned about most of this. A point I made at the start of this with COMPASS -- and it's not been heard and I will make it again. This exercise was about a two hour exercise with people who didn't know anything more than the parameters that were given to them and they played games to make the parameters come out and match the number of jobs with the numbers of people and manipulated land uses to get there. My opinion when this all started and my opinion now is that every land use plan that every community has now should be reflected in a trends that's to be analyzed to predict what it is that are going to be like. We did a much better job in this community developing our Comprehensive Plan and the plan we have now than this thing reflects. I'm sure Boise has done the same thing. Meridian City Council Workshop June 12, 2012 Page 29 of 41 I know Eagle is in the process of doing it. Nampa has -- in the process or just completing this same process. I do not see a scenario that addresses that and that was to be done, in my recollection. At this point I see we are spending a half a million dollars to play games and not reflecting what we have all spent a lot more time in trying to develop with our own area of impacts and our own comprehensive plans. To me if we adopt any of these, are we going to, then, turn around and change our comp plans to reflect them? I don't think so. At least not some of these things we know are not going to happen. We know we are not going to have two sections of park. We know we are not going to scrape some of the finest neighborhoods we have in the community. To me the message back to COMPASS is, fine, we have gone out, we have seen that there is some emphasis on these multiple emphasis areas that people want to preserve farmland, they want this for help, they want this for economic development, they want this for transportation. But our own planning processes need to be brought together and consolidated in another scenario and if that tells us that we -- we are going to have way too many people or we are not going to have enough jobs, then, we need to think about our collective planning processes. But just to do another blanket process to meet the parameters that somebody picked, to me is -- I just get frustrated with these exercises and that's all they are. Bird: Mr. Chair -- President? Hoaglun: I think if we were the British Parliament there would be a lot of hear hear going on. Councilman Bird. Bird: Hear. Hear. I agree. I hope we didn't spend a half a millions dollars on -- Rountree: That's what this project's costing. Hoaglun: Yes . But, Councilman Bird, that's free money, because it's federal -- Bird: I know it's -- it's federal money. Federal money that we got to spend. I would think if they want to -- if they got that kind of money they can turn it back to us in our dues and we can use it for something good. I'm like Councilman Rountree, this is a waste of people's time, in my opinion. I -- your development is going to be determined by jobs, development of the developers, and the money. We can sit here and wish all we want. Until we put our pocket book out there we are not going to determine a lot of stuff . Hoaglun: Councilman Zaremba, did you have a comment? Zaremba: Well, I think I'm in line with what's already being said. You know, I make a point many times that cities are reactive. We don't create or control growth. We make plans for how we would like to see it be balanced and how we'd like to encourage people to go, but it's the land owner that really makes the decision and comes to us and says they are going to do something. I was kind of thinking, you know, that maybe Meridian City Council Workshop June 12,2012 Page 30 of 41 there was a way to blend all of their scenarios and say, well, even though it doesn't match what -- what we are saying, it would still justify the correct transportation system on the major corridors at least -- any one of these four corridors or for any one of these four scenarios or blending all four scenarios -- certainly shows that need for continued transportation infrastructure and the growth for that. As the other Councilmen would say, just speaking for Meridian itself, it would be more effective to drop our comprehensive plan into there instead of the open -- open book that we really were given. You're right, the parameters were fit this many population in, fit this many jobs in, and other than that there weren't very many rules and I agree with the discomfort with that, but I do want to promote whatever gets us enough transportation infrastructure. That's what we need as a result of this. Hoaglun: Further comments? Rountree: Well, I -- David's last point and I think that's important, we do need to have the transportation system reflect what we anticipate's going to happen and I think we have done a better job with our own comprehensive plan anticipating what's going to happen than what the scenario -- these four scenarios do. And to me that's what we ought to be analyzing and that's what we ought to end up at the end of the day with if -- well, enough said. Hoaglun: And I think, Councilman Rountree, you said something very important when you were talking earlier about taking our comprehensive plan and looking at the trends and we work with staff, we work with the Planning and Zoning Commission, we listen to our citizens on where the community is going, what direction growth is, where it's happening and how it's happening and looking at trends in that direction and that's what should be submitted and as Councilman Zaremba said, dropped -- dropped into this thing, because that's -- that's the process is we listen to people, what's going on, and develop it from there. And so -- and, Caleb, you guys are on top of that, you're in it every day, and -- and put these things together, so I -- I agree with what's been said up here, to take what we have developed and say this is -- this is what we want. And, you know, my wagon train comment is -- is still true. I mean that's -- the transportation corridors that exist now and that were planned in the future are going to be high growth areas. That's -- that's the way it's been since early times, since man started traveling and that's -- it will not change and so I know we have to look at where are those -- where those corridors should be and kind of a little chicken and egg thing, you know, gee, am I going to buy land here because there is going to be a highway or the highway is going in here, so I am going to buy land here, if you're looking at developing a business or some sort of major development. So, what's existing and will expand is certainly hot and, then, things like the Highway 16 expansion will create new corridors. So, it's kind of a -- kind of a process here that we are familiar with, it's just a matter of making these maps reflect that. So, was that clear as mud? Hood: It's very clear. No, it really is. I do make just a couple of -- it sort of water under the bridge now, but we did send -- the Mayor signed a letter and sent it to COMPASS Meridian City Council Workshop June 12, 2012 Page 31 of 41 before the board action to hire a consultant to go through this process and it said essentially what you all said. Why are we doing this? You could get a consultant and this is where I'm going to go with my comments in working with their staff is -- everybody's comprehensive plan that doesn't have a constrained year of 2040 and figure out where that growth is going to go in the next 28 years, not -- you know, land use designations, but where are we going to grow as a region and allocate those jobs -- use the same cap number, but figure out where is that growth going to go. Don't mess with the land uses that the communities have planned for, but where is the next hot spot going to be or the next few as a region. So, try to get there if we can, but, again, the board voted, this was something that they wanted to go through this process of -- some of them are you. So, anyways, that's where it is and -- Hoaglun: Well, we don't win all the votes all the time, so -- Hood: Yeah. So, I will carry those thoughts forward and thank you for your time today Hoaglun: Thank you, Caleb. Well, that was 45 minutes, just so you know. hood: I think I was only about 20, though. C. Police Department -Code Enforcement Division: Proposed Updates to Nuisance, Solid Waste, and Noise Codes D. Police Department-Animal Control Division: Proposed Updates to the Animal Control Code Hoaglun: 7-C. Police Department. We have our next two items, in fact, the Police Department, Code Enforcement Division and, then, Animal Control Division. So, Eric, are you doing this one? All right. Eric Strolberg, come on up and tell us what you have in mind today. Strolberg: Well, Councilmen, I have two things to deal with. The first one is a nuisance code update. That's something that comes about in the last year with my dealing with code enforcement and we found some things in the nuisance code that we could work to improve, so we could utilize those codes better. This will kind of divide the code in two different areas. One would be abatable nuisance and nonabatable nuisances. It also brings in graffiti, which we have learned that the only way we could control graffiti by code in the past is if it was on a fence. It didn't address anything to do with buildings or alleyways. So, I bring that in. It also brings up an illicit dumping code, which is something didn't have in the past where if you were to discharge something out on the street, oil, there was no code for that. And also talks about constructing sidewalks. In the past the nuisance code had its -- a five day notice attached to it and a right to appeal before Council and we have had good luck with the weeds and the process that was set forward in that and dealing specifically with private property versus public areas. So, we have tried to wrap that together with private property issues to be Meridian City Council Workshop June 12, 2012 Page 32 of 41 respectful of those. Those would be abatable nuisances that would require the five day notices. More on the public property side of things there would be specific things that were not -- wouldn't require the five day notice and you can immediately address those, whether it would be with a citation or abatement. And, then, there was a couple of clean-up items for the waste -- solid waste recycled material, that was something that was an oversight in the previous code and we needed to pick that up. And moving the hours around in the nuisance code and noise code. That's it in a nutshell. Is there any questions that I may answer? Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: With respect to the noise code, are our code enforcement people carrying around instrumentation that they can actually detective noise levels at or above the levels we have established in our ordinance? Strolberg: Councilman Rountree, no, they don't have any specific instrumentation to do that and the way the code's written it's very --deals with the instrument that does it, but not anything in a decibel rating. There is nothing in the city code for decibel rating, so we don't address that. It was more of a -- there is the city code nuisance disturbing the peace code and they also have the same similar language for the time that it would occur in the nuisance code, so we kind of put them together so that they mirror each other, but it's not something that code enforcement deals with a lot in the nuisance areas, but handled by the police department. Rountree: Okay. Hoaglun: Eric, I had a question on the snow removal. That is a nuisance now? It's becoming a nuisance? I mean I know there is a requirement for snow removal, but it's going to be in the nuisance category that if it exists and it's a nuisance and -- but do the requirements for amount of time to get that off remain or does that change that -- the timing? Strolberg: Yeah. Council Hoaglun, that was, actually, in Chapter 8 was its own stand alone chapter where the snow removal ordinance was and the language has been brought pretty much over verbatim, but rather than going specifically into half inch or an inch or immediately as soon as it stops snowing or any of those types of things, we addressed it as a nuisance, because it's more broad and it also is one of the abatable nuisances, so it will be something that you would be required to notify the person that they need to abate it, which would give them time to comply before -- if we had circumstance where the ice and snow stays, give them time to comply before the city is going to step in and clear those sidewalks or do this type of thing. Hoaglun: Which probably will work, because if we have that snowstorm overnight and Meridian City Council Workshop June 12, 2012 Page 33 of 41 by mid afternoon that -- that day it probably will likely have melted off, so, you know, on those cases, then, the nuisance has been abated, so -- Strolberg: Yeah. With a five day notice I think that's reasonable for someone to remove it by that time. Getting keeper into it, there was some discussion about, you know, at what point is it required to start abating? Immediately when it stops snowing or is it a half an inch or the three inches. So, again, it's kind of a general reasonable rule that it's a nuisance when it gets to that point and we send out a letter for the abatement. Hoaglun: Okay. I think that will work. Thank you. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: On that one subject, I would maybe refer to ACHD and ask them -- since the sidewalks -- maybe not people's driveways, but the sidewalks are actually in ACHD's right of way, I know we are enforcing -- we enforce state law and we enforce county law, even though they are in ACHD and ITD rights of way. But I think ACHD has some rules about ice on sidewalks and since they own the right of way we might just want to look at what they say and make sure that we are compatible with what they say. Strolberg: Yes, Councilman. We did review that, because that was a big question that came up and the way it come -- especially to the illicit dumping in the storm water drain, because they do -- they own the right of ways and I have worked with Emily Kane on that to make sure that we don't infringe on anything that Ada County does and this code would be compliant with that. Zaremba: Good. Strolberg: They also have no enforcement branch with Ada County. Zaremba: Right. Strolberg: So -- the highway district. So, they definitely are -- work with us very closely for these types of issues. They -- and we can't enforce their codes. So, it works hand in hand with that and it was reviewed to make sure it was in compliance. Zaremba: Great. Thank you. Hoaglun: Anything else for Eric on -- Bird: I have nothing. Hoaglun: -- this one? Okay. All right. And you have animal control as well? Meridian City Council Workshop June 12, 2012 Page 34 of 41 Strolberg: Yes. Hoaglun: All right. Go ahead into that one. Strolberg: So, taking a different approach with the animal control revision, rather than present that in an ordinance update, we'd like to present that as this is a discussion item. As you see there was -- in the handout there was options -- two options in a couple of areas. A little bit of background. The current animal control code was updated in 2010. I don't believe the area with the vicious dog ordinance, which is what we are specifically dealing with today, was part of that update in 2010. I believe that that was already -- nothing was changed in that area in 2010, let's put it that way. In this last year I have had the opportunity to work with a couple of cases that would -- came near to or could be represented as a vicious dog and what we found is the current code had some provisions in it that we were not allowed -- we were not able to enforce, one of which being that the person had to apply and obtain a vicious dog license, which we don't have. Administratively we could have created the forms, created the license, but the next step in that was that they would have to -- the dog owner would have to obtain insurance. What we found in research is that it was not possible. So, if we have something written in the code that they can't obtain, which would lead them not to be able to get a vicious dog license, then,-the code doesn't work for us. There has never been a vicious dog label or license in the city under this code either and I think part of the reason for that is the problem with the code. So, with that said, we have three options to look at and, again, as a discussion item from the Council today would be which of the three different options would be -- option one would be to require the dog, once it is declared vicious, secured in the standards and similar to what we have in ordinance today in that we wouldn't license them per se, but they would be declared vicious. They have the process to go through, they could appeal that to the chief of police and, then, also appeal it to the Council. The difficulties with that is the management of it. If we have declared dogs that are vicious, then, that falls to code enforcement, animal control, somewhere in there to follow through with those -- the belief by the citizens that we would be checking in on them, then, we could write administratively into the codes more that would allow or require -- if your dog was licensed, it would allow us to come visit, make sure that your kennel is secure and those kinds of things. That would be a very onerous task and there would be a lot of man hours spent on that. This second option was -- after speaking to the chief and the deputy chief, and staff we believe it's probably the best option at this point would be to -- basically, once the dog was declared vicious that you have the 14 days and, then, you remove it from the city or it be euthanized. Rather than bring up the point of harboring vicious dogs in our city, let's encourage them to leave or be euthanized and that seemed to work well with most of the scenarios as they played out when a situation like this arises and that's most of the time what people seem to want is they don't want them around. That would be something that would be very -- much easier to administrate within the department and also track with animal control. The third option would be simply removing the vicious dog element out of the code completely and addressing the Meridian Cily Council Workshop June 12, 2012 Page 35 of 41 behavior of allowing a dog to attack and those things that we already have a code for currently. In doing that we would be at the point where we would rise to the level of vicious dog we would utilize the code and there is a state code that talks about vicious dog and the definition thereof. It gives you the second or subsequent violation it says the judge may order the dog destroyed. So, basically, one bite is free. It is a misdemeanor, so the judge could order it as such, but it's an option on -- it's quite a step back from where we are now. The options that we have right now don't work very well, but it's quite a step back to go completely away from having nothing. I guess my main points are those three options. Hoaglun: Eric, I'm trying to remember -- the animal control officer can declare the dog vicious, but what are the -- I can't remember what the -- what has to take place. I mean a dog bite doesn't necessarily mean the dog is vicious, because the human could be completely in the wrong on that -- in that situation. So, I know it's not just because a dog bit someone. But how do they get to that point and determine is that dog vicious? I can't recall all the details of that. Strolberg: In the proposed draft, Councilman Hoaglun, the language is about the same and the language is also very similar to surrounding jurisdictions and the state code. But it talks about if an animal control officer can declare the dog as vicious, the dog's behavior would have to fall within an unprovoked or vicious or terrorizing manner when it approaches somebody, which doesn't necessarily mean it bites somebody and it's one -- it's one or more of the following. It's under 626, declaration of a vicious dog. They also have the unprovoked attack or bites another person. Entire history are documented -- I'm kind of summarizing here. Hoaglun: That's fine Strolberg: And, then, any dog that's harbored or -- for the purpose of fighting or attacking. Then, there is some exceptions that I think are very reasonable. The dog is declared vicious if the injury sustained when the dog was being tormented or teased or assaulted, if it occurred because someone was trespassing on their property, those types of things. Those are the exceptions. Also law enforcement dogs. Or if the dog was protecting or defending you. So, that's the criteria that would still be used and internally that would obviously be reviewed by command staff. The greater part of that is we still have the options for a person to appeal. Hoaglun: Right. Okay. I glad -- I like those conditions. It's --those are reasonable and allows for some -- you know, especially -- I don't have a dog anymore. For 13 years I did and if someone came on in the middle of the night so they would have gotten bit -- even though he's chained up at the back door, but -- and, you know, that's just their fault, not the dog's fault. Strolberg: Yeah. You need to have reasonable provisions Meridian City Council Workshop June 12, 2012 Page 36 of 41 Hoaglun: Yeah. So, definitely want those protections in place, but -- Council, other comments? Zaremba: Mr. President? Hoaglun: Councilman Zaremba Zaremba: I'm inclined to lean towards the state requirements and part of my thinking on that is early on with the Parks Department I was aware of what -- the dog park task force and all were doing. Out of what they were doing they discovered that probably only a quarter or less of the dogs that probably are in the city, according to our population, are registered in the first place. So, if people are not coming into register their dog, I don't know how much cooperation we would get asking them to come in and register a vicious dog. Basterrechea: Can I respond to that? Zaremba: Yes. Go ahead, Terry. Or Tracy. Basterrechea: The one thing I would say is with option two that gives us the ability to go and take that dog. Right now we do not have that ability and we have run into that problem where we had a vicious dog, but under the current ordinance we can't actually go onto the property to see if that dog is still there and taken that dog. We actually tried to get a search warrant written and we couldn't get it, because the code doesn't cover that. Under the state code you have to realize if you have a terrible dog bite they still get one freebie and we have got to explain that to the victims of a three year old little kid who had its face halfway torn off, well, they get one freebie before we can really take any action. That's why we are really leaning towards option two where we can say that dog can't even come in the city and if we get it in the city we will take the dog. Zaremba: I can see the sense to that. Thank you. Hoaglun: Yeah. That makes sense. And especially -- I don't know if the state code gets into the details like our code gets into in terms of how that animal control officer will determine and the reasonable situation was and those types of things. So, I -- it's just -- and oftentimes state law can't get into that stuff, they just don't, it's alittle -- a little broader. So, I much prefer having the opportunity for us to take that dog, to euthanize, to have it moved out of the city Ithink -- was that option two? Was that part of option two? Strolberg: Yes. Hoaglun: Was to euthanize or take it out of the city and I think that Bird: I'm for that. Meridian City Council Workshop June 12, 2012 Page 37 of 41 Hoaglun: Any -- I think we are in agreement on that. After that explanation, Councilman Zaremba? Zaremba: Yeah. Thank you. Hoaglun: Okay. Okay. So, I guess you got an answer for that, Eric. Strolberg: No, that was -- that was it. Under F on the -- page 11 would be the basic language for that, which talks about the process after what we discussed of how it would be declared, the criteria to get it declared -- the criteria to get is declared vicious and, then, the second -- I'm sorry. The second option, that's the bottom one, would talk about the 14 days and, then, that would give the time for appeal and, then, the fact that it could be -- could be harbored and that would also allow us to season impact, so that would be the draft language. Hoaglun: Okay. Rountree: I agree with that. Hoaglun: Sounds good. Great. Thank you, Eric. Strolberg: Thanks very much. E. Public Works Department Report: Draft Memorandum of Agreement with City of Boise and Ada County for Sharing Countywide GIS Dataset Hoaglun: All right. 7-E. Public Works Department. Warren? Who is -- oh. Zaremba: Mr. President, before we move on -- Hoaglun: Yes. Councilman Zaremba. Zaremba: The process is that that comes back to us as an ordinance from the legal department and -- Strolberg: Yes. We will clean up the language and bring it back. Zaremba: Thank you. Stewart: Robin is going to do the presentation for Public Works. Hoaglun: Okay. Thanks, Robin. Welcome. Meridian City Council Workshop June 12, 2012 Page 38 of 41 Jack: Thanks. Thanks for having me. So, I just -- I'm just here before you -- I have been serving on a COMPASS committee for the last several years called the regional geographic advisory committee and one of the goals of the committee is to work on GIS data sets that can be shared across both Canyon county and Ada County and that data can be used for -- from the stuff that you have seen with the planning -- transportation plans. If we work cooperatively with our data at all it gives people the opportunity for better analysis . So, this is the beginning of working on a data set that we have been working on or addresses for both counties and I came before you quite some time ago and we kind of touched bases on some of the street naming issues around addresses and this is the next step to get a memorandum of agreement between these agencies that we are sharing and working with on this data. And I'm just coming before you not to ask for a signature on this today, but just so it will give you time to review it and this will be presented with -- to Boise city and Ada County and, then, by the GIS managers for each of those entities. And if they choose to sign it, then, this would come back to you on a Consent Agenda. So, that's kind of what I'm here for. So, I have been working on this memorandum of agreement with Emily Kane for the last few weeks and she's not with other GIS staff from Ada County and Boise city and they have all reviewed this and agreed with the -- the memorandum. So, I'm going to kind of briefly give you the bullet points of what the agreement says, even though I know that you can read it yourself if you would like. And I'm not an attorney, so if there is any true legal questions I'm going let Bill answer those. So, the bullet points of this memorandum is that it authorizes the city staff to disclose the information to the city of Boise and to Ada County GIS staff, as well as to Compass and other utilities that are subject to the applicable laws. It authorizes GIS staff to disclose this information to the public pursuant to public records request, subject to legal descriptions and under cover of language limiting the use of the information disclosed. It also protects the staff by requiring that a uniform disclaimer accompany the publically disclosed information. It acknowledges the provisions of the Public Records Act that says a government agency cannot disclose a list that will be used as a mailing or a phone list. It also disallows the disclosure of sensitive information, including address points that would jeopardize public safety. It protects the city from liability for problems that may arise due to errors in the data. Hoaglun: Robin, on that public safety, is that -- I guess how broad does that go? What was that -- Jack: That is in there because there is one piece of information that's attached to the addresses and for certain addresses we have well houses, we have lift stations, we have some of our utility infrastructure and so what has been agreed upon is that those -- that piece of information that gives that specific utility information, that would be taken out before that would be distributed to the public, but it would be left in for emergency services. So, this data could go to dispatch. It is currently being used in the police RNS systems and in the ITF system and it will be available to anyone who needs it, that is using it for that particular purpose. Hoaglun: Okay. Thank you. Meridian Cily Council Workshop June 12, 2012 Page 39 of 41 Jack: Is there any other questions or comments? Hoaglun: Council, any other questions? Bird: No. Rountree: I have none. Hoaglun: Have none? Zaremba: Sounds good to me. Hoaglun: Okay. Bird: Sounds great. Jack: Great. Thank you very much. Hoaglun: Thank you, Robin. Item 8: Future Meeting. Topics Hoaglun: We are to Item No. 8, Future Meeting Topics. Council, anything for future meetings that you want to cover? Bird: I don't have anything. Rountree: I have nothing. Item 9: Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(a)(f): (a) To Consider Hiring A Public Officer, Employee, Staff Member Or Individual Agent, Wherein The Respective Qualities Of Individuals Are To Be Evaluated In Order To Fill A Particular Vacancy Or Need. This Paragraph Does Not Apply To Filling A Vacancy In An Elective Office Or Deliberations About Staffing Needs In General, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation Hoaglun: Okay. Item 9-A is Executive Session. Do we have a motion to go into Executive Session? Bird: Mr. President? Meridian City Council Workshop June 12, 2012 Page 40 of 41 Hoaglun: Councilman Bird. Bird: I move we go into Executive Session as Idaho State Code 67-2345(1)(fl, (1)(fl. Rountree: Second. Hoaglun: We have a motion and a second to go into Idaho -- into Executive Session. Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. MOTION CARRIED: ALL AYES. Hoaglun: We are adjourned into Executive Session. EXECUTIVE SESSION: (5:22 p.m. to 6:20 p.m.) Zaremba: Move to adjourn Executive Session. Rountree: Second. Hoaglun: Motion and a second. All those in favor say aye. MOTION CARRIED: ALL AYES. Zaremba: Move to adjourn the meeting. Rountree: Second. Hoaglun: Motion and a second to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~' ~-- ~7 i 3 i Imo. DATE APPROVED G~7 w-~~ t ~.S ~ ck.t~ , ATTEST: Page Meridian City Council Workshop June 12, 2012 PROJECT NUMBER: ITEM TITLE: DATE: STAFF To SENT TG SENTTO NOTES INITIALS STAFF AGENCY APPLICANT PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this k2 day of June, 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Kevin Patrick Kirk, Inc., a corporation organized under the laws of the State of Idaho, whose address is 1606 N. 17th St., Boise, Idaho ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of Kevin Kirk & Onomatopoeia, a seven -piece band specializing in the performance ofjazz music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: A. Performance. Kevin Kirk & Onomatopoeia shall perform for the public approximately fifteen (15) songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, August 11, 2012, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. In case of inclement weather, the venue will be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on August 11, 2012, and Kevin Kirk & Onomatopoeia may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. Kevin Kirk & Onomatopoeia will require one hour to complete set up and sound check prior to 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom, A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of three thousand five hundred dollars ($3,500.00). This payment shall constitute full compensation from City to Promoter and/or to the members of Kevin Kirk & PROFESSIONAL SERVICES AGREEMENT—KEVIN KIRK/ONOMATOPOEIA, CONCERTS ON BROADWAY PAGE 1 of 6 III Onomatopoeia for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of Kevin Kirk & Onomatopoeia shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. B. Cancellation of event. If Kevin Kirk & Onomatopoeia is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of Kevin Kirk & Onomatopoeia. Any decision regarding whether to cancel the performance shall be made no earlier than 6;30 p.m. on August 11, 2012. C. Method of payment. By August 1, 2012, Promoter shall provide City with: 1) a completed ACH Form, 2) a copy of a voided check, and 3) an invoice in the amount of three thousand five hundred dollars ($3,500.00) for services to be provided on August 11, 2012. So long as all documents are complete and received by August 11, 2012, City shall pay Promoter in full via direct deposit on August 11, 2012. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Kevin Kirk & Onomatopoeia members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Kevin Kirk & Onomatopoeia shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Kevin Kirk & Onomatopoeia's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Kevin Kirk & Onomatopoeia shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Kevin Kirk & Onomatopoeia shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City PROPESSIONAL SERVICES AGREEMENT—KEVIN KIWONOMATOPOEIA, CONCERTS ON BROADWAY PAGE 2 of 6 respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and Kevin Kirk & Onomatopoeia shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. PROFESSIONAL SERVICES AGREEMENT- KEVIN KnWONOMATOPOEIA, CONCERTS ON BROADWAY PAGE of A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. See, e.g., section I.B., requiring one (1) hour of setup and sound check time prior to 6:30 p.m. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subj ect only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. The band shall be listed as "Kevin Kirk & Onomatopoeia" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Kevin Kirk & Onomatopoeia under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Kevin Kirk & Onomatopoeia, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Kevin Kirk & Onomatopoeia acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of Kevin Kirk & Onomatopoeia shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss PROFESSIONAL SERVICES AGREEMENT—KEvINKIWONOMATOPOEIA, CONCERTS ON BROADWAY PAGE4 of or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of Kevin Kirk & Onomatopoeia is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of Kevin Kirk & Onomatopoeia and City or any official, agent, or employee of City. Promoter and Kevin Kirk & Onomatopoeia shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of Kevin Kirk & Onomatopoeia shall comply with any and all applicable federal, state, and local laws. I. Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of Kevin Kirk & Onomatopoeia shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. 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. PROFESSIONAL SERVICES AGREEMENT—KEVIN KIRK/ONOMATOPOEIA, CONCERTsoNBROADWAY PAGES of P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: C23L Promoter: City of Meridian Kevin Kirk for Kevin Patrick Kirk, Incorporated Emily Kane, Deputy City Attorney 1606 N. 17th St, 33 E. Broadway Avenue Boise, Idaho 83702 Meridian, Idaho 83642 Phone: (208) 761-7536 Phone: (208) 898-5506 E-mail: kevinkirkmusic@gmail.com E-mail: ekane@meridiancity.org Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Q. Warranty of authority. Promoter expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Kevin Kirk & Onomatopoeia and each and every member thereof. Promoter further warrants that he is authorized to bind Kevin Kirk & Onomatopoeia and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Kevin Kirk & Onomatopoeia and its members. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Zn,_lay of June, 2012. PROMOTER: Kevin Kirk, Preside t Kevin Patrick Kirk, Inc. CITY OF MERIDIAN: Mayor IDAMO SEAL w� b i °T ode TRI A0p City Clerk PROFESSIONAL SERVICES AGREEMENT -KEVIN KIRVONOMAroroEIA, CONCERTS ON BROADWAY PAGE 6 of 6 Meridian City Council Meeting ---------------- DATE: E-MAILED TO SENT 70 SENT TO NOTES INITIALS STAFF AGENCY APPLICANT AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES Access Control System at Wastewater Treatment Plant (RS -485) — Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 12'" day of June, 2012, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Apex Integrated Security Systems, hereinafter referred to as "CONTRACTOR", whose business address is 109utgStreet, Boise, ID 83702, and whose Public Works Contractor License # is ELE-SC-31669. INTRODUCTION Whereas, the City has a need for services involving Access Control System and Installation at Wastewater Treatment Plant (RS -485) — Headend: Mechanical: Blower; New Filter Buildings A & B; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or Apex - Access Control & Installation (RS -485) at Wastewater Treatment Plant page 1 of 12 Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B 'Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $89,023.41. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, Apex - Access Control & Installation (RS -485) at Wastewater Treatment Plant page 2 of 12 Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2012 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60 (sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Apex - Access Control & Installation (RS -485) at Wastewater Treatment Plant page 3 of 12 Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 4. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. Apex - Access Control & Installation (RS -485) at Wastewater Treatment Plant page 4 of 12 Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Apex - Access Control & Installation (RS -485) at Wastewater Treatment Plant page 5 of 12 Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained bythe City orthe City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Apex - Access Control & Installation (RS -485) at Wastewater Treatment Plant page 6 of 12 Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c Apex Integrated Security Systems Attn: Bill Atkinson 109 South 4" Street Boise, ID 83702 Ph. (208) 378-9650 Idaho Public Works License #: ELE-SC-31669 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Apex - Access Control & Installation (RS -485) at Wastewater Treatment Plant page 7 of 12 Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. Apex - Access Control & Installation (RS -485) at Wastewater Treatment Plant page 8 of 12 Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: ��'//�✓CSC TAMMY de VVID, MAYOR APEX INTEGRATED SECU 7Ty SOLUTIONS, INC ZB it Atkinson Dated: 6 - 12- - I ,I- Dated Approved by Council: tA..� I a VDAU 2`O x'90 Attest: .149 . , _ LMAN, CITY e SEAL+ fA, TRF ASS - Apex - Access Control & Installation (RS -485) at Wastewater Treatment Plant page 9 of 12 Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c Purchasing Approval BY: ze4(� KE FTH'WATTSK, 15drch-asing Manager Dated: ZZ Depar nt Ap val WA EN STE ART, Engineering Manager Dated:�7 / f7 Apex - Access Control & Installation (RS -485) at Wastewater Treatment Plant page 10 of 12 Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c Exhibit A SCOPE OF WORK Provide and Install electronic locks for Filters Building A and Filters Building B and integrate into the Lenel OnGuard system per written proposal dated 4/29/12. Notes and Exclusions: • Price does not include additional reader licenses or software upgrades. • Data cabling between buildings provided by the City of Meridian • Electric locks for new filter building A & B are not included. Apex - Access Control & Installation (RS -485) at Wastewater Treatment Plant page 11 of 12 Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $89,023.41. TASK DESCRIPTION AMOUNT A• Headend $5,502.36 B. Mechanical $17,565.71 C. Blower $9,887.21 D• New Filter Building A $24,931.63 E. New Filter Building B $23,071.50 F. Additional Services (Engineering/Design, Programming, Project Management, Startup & Commissioning). $7,040.00 G. Shipping & Handling $1,025.00 TOTAL $89,023.41 Apex - Access Control & Installation (RS -485) at Wastewater Treatment Plant page 12 of 12 Headend; Mechanical; Blower; New Filter Buildings A & B Project 10160c Meridian Clt,y:.Council Meeting TASK ORDER NO. 0759b Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND HYDRO LOGIC, INC (HYDROGEOLOGIST) This Task Order is made this 1St day of June, 2012 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by (HYDRO LOGIC, INC), hereinafter referred to as "Hydrogeologist" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 6a) between the above mentioned parties dated December 6, 2011. The Project Name for this Task Order 0759B is as follows: CITY OF MERIDIAN Well Monitoring and Aquifer Testing 2012 PROJECT UNDERSTANDING In order to gain greater understanding of the characteristics of Meridian's aquifer system, which is the sole source of potable water for the City, and to better utilize and protect this important resource, the City has engaged in building test wells that can also be used as monitoring wells. The City has been collecting data from these wells for twenty years. The value of long-term monitoring data to the City could be very great for future supply planning and water rights issues. This Task Order provides for continued collection of data from Meridian's monitoring wells and collection of data in coordination with aquifer / pumping tests by a qualified Hydrogeologist. This project also includes assembly and synthesis of this data into reports. SCOPE OF WORK TASK 1.1 — CITY GROUND WATER LEVEL MONITORING Hydrogeologist will measure, maintain, keep secure, document, plot, and report on the City's ground water level monitoring network consisting of 12 individual monitoring sites and 39 tube wells. The Owner will provide access to conduct the measurements. Task Order 0759b - Ground Water Monitoring and Aquifer Testing Page 1 of 4 Hydro Logic, Inc. Hydrogeologist will make monthly visits (a loop) to all monitoring stations for purposes of measuring aquifer pressures in the City's monitoring network. Hydrogeologist will also inspect, repair, and secure as necessary the locking security enclosures using the Hydrogeologist's own locks. The Hydrogeologist, and not the City, is wholly responsible for maintaining and securing the network of wells and to ensure that the above -ground aquifer pressures (flowing artesian wells) are contained and that the monitoring wells are not leaking. During the winter months, the Hydrogeologist will ensure that the flowing wells are pressurized so that the water levels in the wells are below ground to prevent freezing and subsequent cracking of the PVC monitoring wells. Hydrogeologist shall enter the measured water levels into a computer-based spreadsheet program for plotting and presentation to the City in an annual report. DELIVERABLES: Report of measured water levels will be compiled and submitted to the City by January 31St for the previous calendar year monitoring. TASK 1.2 — AQUIFER TESTING At the City Project Manager's direction, the Hydrogeologist will conduct and report on long- term, multiple -well aquifer tests using the City's equipped production wells and or other wells that may have a hydraulic connection, hydrogeologic connection or other significance to the City. Hydrologist will coordinate with the Water Department to manipulate the City's pumping in the vicinity of the aquifer tests. DELIVERABLES: For each test conducted, a comprehensive report will be provided that will include pre-test trend data, drawdown measurements, and a post-test recovery period lasting, in total, from one to two months in duration for all wells measured. Reports will be interpretive in nature and describe the measured hydraulic interconnection across the aquifer system and derive aquifer coefficients of transmissivity and storativity for use in future numerical modeling of the system. All work will be carried out with an eye toward the future spectre of conjunctive administration of surface and ground water as a single resource and protection of the City's portfolio of municipal water rights. TASK 1.3 — REPORT At the City Project Manager's direction, Hydrogeologist will process, synthesize, present, interpret, and report on the long-term record of water monitoring for the City. DELIVERABLES: Long-term groundwater monitoring report. ASSUMPTIONS City staff will ensure that Hydrogeologist has access to City facilities. Task Order 0759b - Ground Water Monitoring and Aquifer Testing Page 2 of 4 Hydro Logic, Inc. City Water Division staff will operate pumps for any aquifer tests that are executed. TIME OF COMPLETION/SCHEDULE Hydrogeologic services will be completed on an as -needed basis and time of completion will be set as services are requested. COMPENSATION PAYMENT SCHEDULE Task Order includes furnishing all labor, materials, equipment, and incidentals as required for the GROUND WATER LEVEL MONITORING AND AQUIFER TESTING 2012. Task No. Task Description Due Date Price Task 1.1 City Ground Water Level Monitoring 9/30/2013 $40,000.00 Task 1.2 Aquifer Testing 9/30/2013 $30,000.00 Task 1.3 Report 9/1/2012 $10,000.00 TASK ORDER TOTAL ....................... $80.000.00 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 0759b is eighty thousand dollars ($80,000.00). No compensation will be paid over the Not -to - Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses are per the Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. CITY OF MERIDIAN Task Order 0759b - Ground Water Monitoring and Aquifer Testing Hydro Logic, Inc. HYDRO LOGIC, INC. S w BY: ED SQUIRES Dated: �� l - 2O L 2 - Page 3 of 4 Council Approval Date: Atteesst CA�Jry� ,190 l� Of W CITY CLERK oe Approved as to Content KEITH WATTS, PURCHASTNG MANAGER Dated: � IOAHO SEAL e ra esaPe Departme t ApprO BY: WARREN STEW T, ENGINEERING MANAGER Dated: / ( / / Z Task Order 0759b - Ground Water Monitoring and Aquifer Testing Page 4 of 4 Hydro Logic, Inc. di..., n City Cc��r�rcil l�le�ti� ► ----- -- ------ DATE, E-MAILED TO SENT TO SENTTO NOTES INITIALSSTAFF AGENCY APPLICANT CITY OF MERIDIAN 33 EAST BROADWAY AVENUE MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 1 Project Number: 10312a Date: 5/16/2012 Effective Date: CONFIRMING CONTRACTOR: Hydro Logic PROJECT: Well 16 -Test Well Design The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: 1) Design a liner in existing Production Well 16 to occlude the well's original reducer and headpipe connection. 2) Provide support for procurement of liner by contacting contractors. 3) Provide inspection of liner construction and installation in existing well and reinstallation of pump and column. 4) Aquire water samples from reconstructed well 5) Provide technical memorandum to describe the work and results that can be used as support for submittal to IDEQ. 6) Deliverables: Liner design and installation inspection, water sample reports, technical memorandum. Reason for Change Order: Well 16 production well is scheduled for replacement due to exceedence of the Uranium MCL and poor condition of the well casing. During the course of design work on Well 16B test well, the consultant made some discoveries about how the original production well construction methods might be contributing to the high Uranium levels encountered. The consultant made a verbal request to the City PM to accomplish the work stated above. This work was not only potentially valuable as a temporary correction for the existing well, but also to understand the underlying sub -aquifer geochemistry which is an objective of the current Task Order. For this reason, City PM agreed and made a verbal work directive to accomplish this work under the current Task Order. Attachments: Original Task Order Scope of Work CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $35,000.00 Original Contract Completion Date: Original Contract Completion Days: AFTER THE FACT/ CONFIRMING Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to 0 $0.00 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $35,000.00 Net Increase (decrease) of this C.O. Net Days Increase (decrease) of this C.O.: $26,000.00 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: $61,000.00 N/A WORK IS ALREADY COMPLETE RECOMMENDED: (PROJECT MANAGER) ACCEPTED(CONTRACTOR) � � By: By: Date: �: �Z Date: (D �•(/(r )APPROVED: (ITy PURCHASIN AGE T) / / OUNCIL APPROVAL i U0.pT1? Ar/CUS G/{// By: Keith Watts Date: �0/y//Z ? Date: CCCJJJ Civof APPROVED tr�*v) E /II3DN ` x By: Mayor Tamm a eerd oA S City Cler Ja a Holman Date: !� yAy.Be Date: F to ACTRFFMF.NT This AGREEMENT, is made and entered into this day of , 2012, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Broadway, Meridian, Idaho 83 642 hereinafter referred to as the "City", WITNESSETH: WHEREAS, the District owns the irrigation ditch or canal known as the HUNTER LATERAL, an integral part of the irrigation and drainage works and system of the District, together with the easement therefor to convey irrigation water, to operate, clean, maintain, and repair the Hunter Lateral, and to access the Hunter Lateral for those purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the Hunter Lateral for the benefit of District's landowners; and, WHEREAS, the City's easement is particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the Hunter Lateral crosses and intersects the real property described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the City desires permission to cross and encroach upon the Hunter Lateral and/or the District's easement under the terms and conditions of this Agreement; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: A. Scope of Agreement 1. The City shall have the right to cross the Hunter Lateral or encroach upon the District's easement for the Hunter Lateral in the manner described in the "Purpose of Agreement" attached hereto as Exhibit C and by this reference made a part hereof. AGREEMENT- 2. Any crossing, encroachment upon or modification of the Hunter Lateral and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of Agreement," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. The City shall only be permitted to cross, encroach upon or modify the Hunter Lateral and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. The installed facility shall be subject the conditions of this agreement and the City shall have access to repair, maintain, or replace said facility as needed. 3. This Agreement pertains only to the City's encroachment upon the Hunter Lateral and/or the District's easement for the purposes and in the manner described herein. The City shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Hunter Lateral except as referred to in this Agreement without the prior written consent of the District. 4. The City recognizes and acknowledges that the permission granted by this Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the City affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the City from the holder of title to the property. Should City fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, the City shall hold harmless, and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair 1. The City agrees that the work performed and the materials used in any construction permitted by this Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this Agreement means any object or thing installed by the City on, over or in the vicinity of the District's easement) shall be constructed, installed, operated, maintained, and repaired at all times by the City at the cost and expense of the City. 3. The City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the Hunter Lateral or the District's delivery of irrigation water; C. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the Hunter Lateral; f. any other damage to the District's easement and irrigation or drainage works. AGREEMENT — 2 4. The City agrees to hold harmless, and defend the District from all claims for damages arising out of any of the City's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 31, or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The City shall, upon demand of the District, remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the Hunter Lateral, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 31 The District shall give reasonable notice to the City, and shall allow the City a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The City shall respond within 24 hours to begin repair or remediate any interference with the District's operation and maintenance of the Hunter Lateral. The District reserves the right to perform any and all work which the City fails or refuses to perform within a reasonable period of time after demand by the District. All work performed shall be performed in manner required by Idaho law, including but not limited to the use of licensed public works contractors and engineers and the performance standards as required by law and ordinance. The City agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph, and the City shall hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this Agreement shall be at all times construed according to such principles. 2. Nothing herein contained shall be construed to impair the Hunter Lateral or the District's easement, and all construction and use of the District's easement by the City and the permission herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the Hunter Lateral for the transmission and delivery of irrigation water or transmission of drainage water. 3. The City agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the Hunter Lateral. 4. In the event of the failure, refusal or neglect of'the City to comply with all of the terms and conditions of this Agreement, the permission granted to the City under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may unreasonably and materially interfere with the maintenance and AGREEMENT- operation of such Hunter Lateral by the District with its equipment for the maintenance of the Hunter Lateral shall be promptly removed by the upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. 1. Neither the terms of this Agreement, the permission granted by the District to the City, the City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance of any obligations of this Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its drains, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this Agreement or the City's activity authorized hereunder, City shall hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction and the City shall cease the activity and remove the facility which subjects the District to such requirements. F. Hold Harmless 1. In addition to all other indemnification provisions herein, City further agrees to, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of City or its agents, contractors or subcontractors in performing the construction and activities authorized by this Agreement. G. Fees and Costs 1. The City agrees to pay to the District fees and costs incurred by the District for work necessary to prepare this Agreement. The amount shall not exceed $500.00 without the additional consent of the City. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement, whether by institution of suit or not the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous 1. No Claims Created. Nothing in this Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the City or any third party against the District. 2. Assignment. Neither this Agreement nor any agreement entered pursuant to this Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. AGREEMENT — 4 3. Amendment and Modification. Any amendment or modification of this Agreement must be in writing and signed by all parties to be enforceable. 4. Interpretation. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this Agreement, and are not intended to be aids in interpretation of any provision of this Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement. 5. Binding Effect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easement of the City within the real property described in Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District 5525 East Greenhurst Nampa, ID 83686 City of Meridian 33 E. Broadway Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. AGREEMENT - ATTEST: Its Secretary NAMPA & MERIDIAN IRRIGATION DISTRICT Its President CITY OF MERIDIAN Its Mayor ATTEST: �0'��j�O AQ city,of E IDIA.N 10aao SEAL Its-16ty e k f the lit AGREEMENT — 6 STATE OF IDAHO ) ss: County of Canyon ) On this day of , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared Clinton C. Pline and Daren Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of AAA, ) On this I Z day of 3une- , 2012, before me, the undersigned, a notary public in and for said state, personally appeared -T,�,r,r, d e Weed and J0'q c e e W0\n1dLy1 known to me to be the Ha vn Y- and CJCN V. of the CITY OF MERIDIAN, the entity that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. **gorse * *�e1k JQ.44 N0J •«• 4 ; ' L�4 Notary Public forCv�d Residing atfa ff My Commission Expires: .01 e 1 ! i► E 01 ! AGREEMENT -7 EXHIBIT A Legal Description A right-of-way for an 8" water main, located on NW 1St Street between E. Fairview Avenue and W. Franklin Road, in the NEI/4 of Section 12, Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho. AGREEMENT — 8 EXHIBIT C Purpose of Agreement The purpose of this Agreement is to permit City to: 1. construct and install an 8" PVC water main a minimum of three (3) feet under and across the piped Hunter Lateral and the within the District's easement, all within City's right-of-way where NW 1St Street intersects the Hunter Lateral in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D-1 attached hereto and by this reference incorporated herein. b. City shall notify the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. City represents that City has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. City recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by the City which is the subject of this agreement. d. The parties to this agreement recognize this agreement is an accommodation to City. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. e. Construction shall be completed prior to December 1, 2012. Time is of the essence. AGREEMENT - 9 Meridian City Council Meeting CLERKS OFFICE FINAL ACTION Meridian City Council Meeting ;&={%-3 f&J\}{\3)§ m % + /0253;/32z =z m a7pfza/z\b 5§7332[»}R (D y � rD 0. 3 0 n C)7 / O / � c � CZ --iƒ /=}\\2 � ~� \}) \ } e J (D y � rD 0. 3 0 n C)7 / O / � c Mert�dian City Council Meeting E-MAILED TO SENT TO SENT 7C1 DATE: STAFF AGENCY APPLICANT NOTES INITIALS DATE: E-MAILED TO SENT TO SENT'f0 NOTES INITIALS STAFF- AGENCY APPLICANT June 7, 2012 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: CIM 2040 Land Use Scenarios June 12, 2012 City Council Workshop Agenda Item Attached is a summary COMPASS has prepared, explaining and analyzing four potential growth scenarios for the region in 2040. A preferred land use, or growth scenario will be used to compose Communities in Motion (CIM) 2040, the long-range transportation plan for Ada and Canyon counties. On June 12a', City staff will run through these potential growth scenarios, comparing and contrasting them to the City's Comprehensive Plan Future Land Use Map. Staff will seek direction from Council on which, if any, scenarios are preferred. Staff intends to take Council direction given and respond back to COMPASS on behalf of the City by the public comment deadline, June 17th Federal regulations require that metropolitan planning organizations (COMPASS) develop long- range transportation plans, which must be updated every 3-5 years. These plans help ensure roads, bridges, and transportation services (buses, etc.) are ready for the future. Planning helps prioritize projects based on public input and how the region is likely to grow. The current regional long-range transportation plan, Communities in Motion 2035, was adopted by the COMPASS Board in September 2010. For more information on the land use scenario planning process for CIM 2040, go to: http://www.compassidaho.orp-/vrodsery/cim204O scenarioplanning htm Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.merldiancity.org Page 2 0 Communities in Motion 2040 COMPASS The Treasure Valley in 2040 Growth Scenarios Indicator and Scenario Descriptions The potential growth scenarios shown on the next few pages demonstrate four ways growth could be allocated in the Treasure Valley by 2040. All Include a total population of 1,022,000 and 466,000 jobs. The differences Ile In where those jobs and people are located, based on different goals and values. Please use the accompanying comment form to provide your comments to COMPASS on these scenarios and on the Indicators (Issues/values) used to compare the scenarios. Your Input will help develop a preferred growth scenario that will be the basis for Communities In Motion 2040, the regional long-range transportation plan for Ada and Canyon Counties. The following pages contain descriptions of the scenarios, as well as maps showing land use (e.g., the location of housing, jobs, parks, etc.) and the location and density of employment and population for each scenario as it would appear in 2040. Maps are also Included for 2010 for comparison. In the employment and population density maps, red Indicates the most employment/population per acre; white indicates the least, No comment form? Want additional Information? Print a comment form, comment online, and find additional information at www.comaassidaho.ora (click on "Link to submit comments on Communities In Motion 2040 growth scenarios"). Indicators The indicators described below are provided to help you when comparing across the different scenarios. Think of them as features you may compare when buying a car, such as gas mileage, price, and safety. Being able to compare those features across different cars can help you in making your decision. Similarly, when you look at the growth scenarios, you'll see information on how they fare on select indicators. The Indicators used to compare the scenarios are explained below and are shown with each scenario. The table on the last page summarizes this information and shows Indicators and scenarios side- by-side. These are just a few of the many different Indicators that could be used to compare the scenarios, and may or may not be the ones you care about most. You can find more indicator comparisons online (see above). Indicator Definitions: • ]obs -Housing Balance: The ratio of jobs and housing in a community, which helps reduce commuting. • Housing Variety: The mix of different housing types (single family vs. multifamily options, such as condos and apartments), which provides more choices In affordability and location. • Housing + Transportation Affordability: The combined costs of housing and transportation based on type of housing and distance to jobs. • Traffic Congestion: The amount of automobile traffic in a community, measured by the number of roads that are over capacity. • Population near Transit: The percentage of population within a 10 -minute walk to current or future transit stops. • Population near Parks and Schools: The percentage of population within a 10 -minute walk to current or future parks and/or schools. • Preserved Agricultural Land: Acres of agricultural land undeveloped and used for farming. • 1Nalkability: A measure of how convenient it is to walk between home, work, and services within a neighborhood. Page 3 2040 Potential Growth Scenarios Active Corridors This scenario locates new housing and jobs along transit corridors. High capacity transit would serve State Street (Highway 44) and a route parallel to Interstate -84. Much of the new growth would be higher density and mixed use. Key goals Include minimizing congestion and improving housing + transportation affordability. Explanation of residential densities on land use maps High density - Mainly housing with more than one unit in a building, such as apartments of condos. Eight or more dwelling units (homes)/acre. Medium density - Mainly single family homes on individual lots. Most current housing in the I reasure Valley fits into this category. Two to seven dwelling units per acre. Low density - Mainly single family homes on large lots, such as in rural areas. Fewer than two dwelling units per acre. Good It Better * * Best * * * M Active Corridors Ilk 2000 Land Use `3 �` �7 r 'rraaawn sir _. As `. vnlae m.. 1 t , 4, II �j'-_•asJ t -a Land Use a aP o 4 0 0 {eqa. - f 'N U � • R F[sJrnlur/40untFnL I �" 1�\�. e a. aw OmYy - EnyblR<na Cealx / .ra I -". FarvoaJ prauw�e N9rteRmrea .1.1^ba Q InleaFanpc an4 ovauront r a aP o 4 0 0 {eqa. - f 'N U � • R Page 4 Hometowns Good * Better * * Best This scenario builds existing cities into "complete communities" with local jobs, housing, parks, and I. schools within Areas of City Impact. Most single family homes would be built as "infill" within existing neighborhoods and would be located near existing parks and schools. New jobs, Including Industrial, commercial, and office space, would be concentrated near the rail line. This scenario could potentially support new highway development given the new development in rural areas. Key goals Include shorter commutes and lower infrastructure costs with more consistent jobs-to-housing balance. ,. Q Hometowns \ama \ 2040 Land Use ` rl ay.ucr. O 4 _ OA Q' �6O O I `O 1 \\ O Land Usc \\ {—':9 xa arc hp:nensrr O Is s rt. Page 5 outdoor I'layground This scenario maintains region's agriculture and recreation opportunities with farmland preservation, regional open space, and robust trails and parks network. This scl provides for density in major centers and density in areas outside of environmental constraints and may call for development c highways and more transit. Key goals includ better access to parks and maintaining agricultural and environmental resource Good * Hetet * * test * * * p Outdoor Playground pa„I,,, ” 2040 Land Use t w. �mias I I i L. '� 1. 1]mton qor r I - is W[5114 a Land uss n�..e,uel rrvNr r.nry t, 00 Y Po�mnpl4errmnferor. 'I I:rs�lr.rpallUrl Mr.slr It. - FnNM1In :.ralaM:r Pe.fr � �� InLnYO' — N)I.pW i r»1 ewer O Pt...to., rnrw Page 6 Town and Country This scenario enables cities to become denser and more walkable while smaller, rural towns would see minimal growth. This scenario Includes a variety of housing choices with the highest density options, and the most new multifamily development. Robust transit would support the higher density, walkable communities. Key goals include agriculture protection, walkabiilty, and access to a mix of uses in central areas. L arnl Usa . P[I.hnfYMNunfr.n.:. 0 Imm.xnpe nrr nnrvY na G"A ♦ now * Or jest OF a * Town and Country " 2040 Land Use 4U3}Ncn ;film . ,F_ 1' ♦ L�"� s.s.,„ �b Page 7 Comparing to Current Trends If current growth patterns continue, much of the new growth would occur on what currently Is agricultural or other undeveloped land. We would also see very little change in the variety of housing options, and homes would continue to be built further from jobs. All of this would feed more traffic onto our roads and would make it more difficult to serve the region with adequate transit, such as buses. The scenarios we are considering look at patterns of development that differ from this and try to Improve on It In various ways. Each one has small or large benefits compared to current growth patterns, as the Indicator charts show. 2010 Pa1I1N Lord Use Ap[mfe n71!p.mry 2010 Land use aeu��lw ummmmv, �[.ifWrrury Crwfn !""� M01"WO pi 0 IartKAanpe t V11 J 2010 Land use M01"WO pi Ea;Pe t r -X toj- p . U 1.1aj�J , D_ fl J Page 8 Indicator Comparisons Good* Better * * Best * * * Active Corridors Hometowns . Elie ral to of jobs and housing m it communil Y, which IIelp; IVdute GUnrrnLilt 4 - Outdoor Town Playground and Country The mix of different housing types (single-family vs. multifamily options such as condos and apartments), which provides more choices in affordability and location. Housing + transportation affordability The rianbined costs of housin0 and transportation based on type or housing and dtstance to job's. The amount of automobile traffic in a community, measured by the number of roads that are over capacity. Population near transit t: The percentage of population within a 10 -minute walk to current or future transit stops. The percentage of population within a 10 -minute walk to current or future parks and/or schools. Acres of agricultural land undeveloped and used for farming. A measure of how convenient it is to walk between home, work and services within a neighborhood. -------------- DATE: E-MAILED TO SENT TO SENTTO NOTES INITIALS STAFF AGENCY APPLICANT DRAFT Code Enforcement Department Report • June 12, 2012 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE ADDING DEFINITIONS OF GRAFFITI AND NUISANCE MATERIALS TO MERIDIAN CITY CODE; ADDING PROVISIONS TO PROHIBIT AS NUISANCES GRAFFITI AND NUISANCE MATERIALS; ESTABLISHING ABATEMENT PROCESSES AND PENALTIES FOR FAILURE TO ABATE NUISANCE WEEDS, GRAFFITI, AND NUISANCE MATERIALS; ESTABLISHING PENALTIES FOR GENERAL NUISANCES; CLARIFYING OWNERSHIP OF SOLID WASTE OR RE' CYCLABLES; CLARIFYING PUBLIC DISTURBANCE NOISE TIME PERIOD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code section 50-317, cities are empowered to cause all sidewalks and alleys to be cleared of snow, ice, rubbish, and weeds, and to abate nuisances on private property within the city, and to assess the cost thereof against the property so abated; WHEREAS, the perpetuation of graffiti constitutes visual pollution and a public nuisance, a failure to remove graffiti is known to result in additional graffiti, graffiti leads and contributes to urban blight, encourages gang activity, and decreases property values, business opportunities, and community pride, and the prompt removal of graffiti from walls, fences, pavement, structures, and other such improvements, whether public or private property, is necessary to avoid or ameliorate detrimental impacts on the City and its residents; WHEREAS, when hazardous materials are dumped or leaked into the roadway or the storm drain system, such chemicals are discharged, untreated, into natural water bodies, which can affect human health, increase drinking water treatment costs, create environmental and health hazards for the community and people of Meridian, and should therefore be designated a nuisance; WHEREAS, in addressing nuisance weeds and graffiti, the City's primary objective is the expedited abatement of such nuisance conditions, and the deterrence of ongoing or repeated incidences of such nuisance conditions through criminal prosecution and penalties is a secondary enforcement tool; WHEREAS, in addressing nuisances other than weeds and graffiti, the City's primary objective is deterring ongoing or repeating incidences of such nuisance conditions through criminal prosecution and penalties; WHEREAS, as allowed by the holding in California v. Greenwood, 486 U.S. 35 (1988), and as may be required for law enforcement and public safety purposes, City personnel are lawfully authorized to access and/or seize solid waste and recyclable materials placed for collection; WHEREAS, disturbance noises typically arise at night when the patrol division of the Meridian Police Department is on duty, rather than during the day when the code enforcement division of the Meridian Police Department is on duty, and are therefore best addressed by the police provisions of Meridian City Code, rather than under the nuisance provisions; NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 1 OF 10 DRAFTCode Enforcement Department Report • June 12, 2012 WHEREAS, the disturbance noise provisions are herein reworded for improved clarity and enforceability; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 4, Chapter 2, of the Meridian City Code shall be amended as follows: Chapter 2 4-2-1: DEFINITIONS: A. ABATABLE NUISANCES: Enumerated nuisance conditions that may be abated by the Citv in accordance with the provisions of this chapter, specifically including without limitation the following nuisance conditions: 1. Nuisance materials leaked, drained, seeped, dripped, sprayed or dumped onto the ground on privaterp operty; 2. Nuisance weeds: 3. Graffiti,• or 4. Snow or ice on a public sidewalk abutting or adjoining Any privately -owned premises 5. Personal property on any portion of a public sidewalk, except as specifically allowed by law or by written permit issued by the City or other governing authority. B. GENERAL NUISANCES: Nuisance conditions that may lead to criminal charges without any prior attempt by the City to obtain abatement thereof specifically including without limitation nuisance materials leaked drained seeped,dripped sprayed or dumped onto the ground onup blic property, or any other nuisance condition not enumerated in the definition of Abatable Nuisances C GRAFFITI• Any inscription work figure, symbol drawing mark or design that is marked etched scratched drawn or painted on any real or personal propertyoprovement including but not limited to, walls, fences,ag tes, pavement, buildings rocks trees bridges streets sidewalks and/or signs whether suchrp operty is public private temporary, or permanent without the consent of the owner of such pro e�rty or the owner's authorized agent and which inscription work figure symbol drawing marls or design is visible from any publicly accessible location D. NUISANCE MATERIALS: Hazardous, noxious dangerous or offensive materials including but not limited to, oil, gasoline, fuel, antifreeze, paint pesticides or herbicides. E. JUNK VEHICLE: Any vehicle, or parts thereof, which: t�l_Cannot be safely operated under its own power; B—. 2. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers, or adequate fenders; 49�3_Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or D—.4. Is otherwise in a wrecked, partially dismantled, inoperative, or dilapidated condition. NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 2 OF 10 DRAFTCode Enforcement Department Report • June 12, 2012 F. NUISANCE: Anything which unreasonably injures or offends the health or senses; obstructs the free passage, comfortable enjoyment, or customary use of public or private property; or creates an actual or potential safety, health, or fire hazard. G. WEEDS: Undesirable plant growth, whether living or dead, that is unkempt, unsightly, deleterious and/or injurious to the public. This definition shall not include cultivated grasses and pastures, though such vegetation may be declared a nuisance where otherwise appropriate. 4-2-2: NUISANCE CONDITIONS PROHIBITED; RESPONSIBLE PARTY: A. Nuisance Prohibited: It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any nuisance on such property, or upon any street, sidewalk or public right of way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance upon any public property, right-of-way, or infrastructure including sidewalks streets gutters or storm drains. B. Prohibited nuisances shall specifically include, but shall not be limited to, the following conditions and/or matter: 1. The proliferation and/or growth of weeds which: a. Are over eight inches (S") in height; b. By reason of size, manner of growth, location, or dryness, constitute a safety, health, or fire hazard to any person, building, improvement, crop, or other real or personal property; or c. Are designated as noxious weeds by the state of Idaho. 2. Graffiti, on any surface. 3. Nuisance materials on the ground whether leaked drained seeped dripped sprayed or dumped, except that this shall not include the incidental leakage of nuisance materials from registered vehicles lawfully moving or parked upon a public right-of-way the lawful application of pesticides or herbicides for purposes of controlling pests or weeds• or activity otherwise specifically allowed by law or by written permit issued by the City or other governing authority. 4. Snow or ice on any public sidewalk abutting or adjoining anyprivately-owned premises. 5. Personal property on any portion of a public sidewalk, except as specifically allowed by law or by written permit issued by the City or other governing authority. 6 One or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or otherwise concealed from public view pursuant to title 11 of this code, except as to junk vehicles stored or parked pursuant to the operation of a lawfully conducted business, industry or commercial enterprise. NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 3 OF 10 DRAFT Code Enforcement Department Report • June 12, 2012 7 4. Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary condition. 8 � Refuse, vegetative decay or any decaying substance, garbage or filth of any kind which is exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary condition. 9 & Discarded matter which has no substantial market value, is exposed to the elements, and is not enclosed in any structure or otherwise concealed from public view, including, but not limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap metal, tires, broken glass, and/or other dilapidated or deteriorating personal property. 10 -: The accumulation of and/or failure to lawfully dispose of solid waste on any commercial or residential premises. 11 8-. Any building or structure that is so dilapidated or is in such condition as to menace the public health or the safety of persons or property on account of increased fire hazard or otherwise. C. B, Responsible Party: Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the owner of record, as reflected on the most recent assessment roll, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be responsible for payment of any and all costs incurred in abating the nuisance. The owner of record shall bear the burden of rebutting this presumption. 4-2-3: ABATEMENT OF ABATABLE NUISANCES: PROCEDURES AND PENALTIES: A. Applicability: The procedures set forth in this section shall apply to Abatable Nuisances, as that term is defined in this chapter. B. A: Notice And Order To Abate: If it is determined by a code enforcement officer that an Abatable Nuisance anuisanee exists en any prop", the code enforcement officer shall cause a notice of violation and order to abate to be issued to the owner, occupier, and/or person in control of such property. Such notice and order shall contain the street address and parcel number of the property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The code enforcement officer shall issue such notice and order to the owner, occupier, or person in control of the property on which the nuisance exists in one of the following ways: 1. By personal service upon such owner, occupier, or person in charge or control of the property; or 2. By regular mail to such owner, occupier, or person in charge or control of the property, at the address shown on the last available assessment roll, or as otherwise known; or NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 4 OE 10 DRAFTCode Enforcement Department Report • June 12, 2012 3. By posting such notice and order at a conspicuous place on the property and publishing one notice in the official newspaper of the city that the property has been posted in accordance with this chapter and ordering the owner, occupier, or person in charge or control of the property. C. & Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or control of any property where any Abatable Nuisance nuisance exists, to abate such nuisance within five (5) calendar days from the date of personal service, mailing, or publication, except that the code enforcement officer may require summary abatement of an Abatable Nuisance a nuisanee eenditien where such condition presents an imminent or ongoing threat to or impairment of human health or safety. Abatement of graffiti shall meet the following standards: 1, The removal of such graffiti shall not follow the pattern of the graffiti such that the inscription, work, figure, symbol, drawing, mark, or design of such graffiti remains apparent. 2. The removal of such graffiti by painting over it shall be reasonably similar or identical to the original color of the surface upon which such graffiti was applied. 3. If the surface is heavily covered with graffiti, the entire surface shall be repainted D. Appeal: Within five (5) calendar days from the date of service, mailing, or publication of the notice of violation and order to abate; the owner, occupier, and/or person in charge or control of the subject property may appeal to the city council by filing a written appeal with the city clerk, which appeal shall enumerate the grounds for appeal. The city clerk may schedule such appeal for hearing at the next regular meeting of city council, City council shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order to abate. The decision of the city council shall be final. If city council affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the nuisance as ordered. E.A-. Criminal Penalties: .^ :y persenwhe If, following notice of violation and order to abate, any erson eause&, create&, cr allows the existence of a" nuisanee-an Abatable Nuisance, such person shall be guilty of a misdemeanor. Each and every day in which any such violation shall-eentinu shall continues may be deemed a separate offense. Upon conviction for a violation of this ehapter section, the city shall request from the criminal court an order of restitution for any and all costs of abatement and/or other related costs incurred by the city. Peace officers and code enforcement officers shall have the authority to issue uniform citations to violators of this ehapter section, F.43-. Civil Penalties: In addition to any other penalties described in this ehapter section, the city may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from nuisance, and/or to recover any and all costs of abatement, enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs. NUISANCE, SOLID WASTE, AND NOISECODE UPDATES PAGE 5 OF 10 DRAFT Code Enforcement Department Report • June 12, 2012 G.E Abatement; Administrative Penalties: In addition to pursuing criminal and/or civil penalties, and notwithstanding the imposition of any civil or criminal fine, penalty or imprisonment, the code enforcement officer, after providing notice and hearing as provided herein, may abate or cause the abatement of any Abatable Nuisance mtisanee where the owner, occupant, agent or person in control of property does not comply in all respects with an order to abate a nuisanee, the code enforcement officer may abate or cause the abatement of such nuisance. The owner, occupier, and/or person in charge or control of the subject property shall be billed, assessed, and/or held responsible for any and all actual expenses of such work, and any related charges, including fees and fines that may be imposed pursuant to this chapter and/or adopted by fee schedule, pursuant to the following procedures: 1. Recovery Of Abatement Costs And Fees: Within thirty (30) days of abatement of the nuisance, the city shall send to the owner, occupier, and/or person in charge or control of the subject property, by regular mail, a billing statement requiring payment to city the costs of abating the nuisance and administrative fee as established by fee schedule. 2. Nonpayment Of Abatement Costs: If full payment is not made to city within fifteen (15) days of the mailing of the billing statement requiring payment of abatement costs and fees, the city may: a. Attempt to recover such amount through the city bill collection procedures; and/or b. Levy a special assessment against the subject property pursuant to Idaho Code sections 50-1008 and 50-334 and/or any subsequently adopted or otherwise applicable laws. Notice of the special assessment shall be sent by regular mail to the owner of the subject property, and shall state the address and parcel number of the subject property, date of abatement action taken, and state the amount to be assessed, including any applicable administrative and/or late fees, and shall state that if the assessment is not paid within thirty (30) days, the assessment will be placed on the real property tax rolls and will become a lien against such property. If payment to the city clerk is not made within thirty (30) days after mailing the notice of special assessment, the assessment shall be declared delinquent and shall be certified, including a ten percent (10%) late fee, to the Ada County assessor by the city clerk, not later than August 1 of each year. Upon such certification, the assessment shall be placed upon the tax roll and shall thereafter become a lien against the property described in the notice and shall be collected in the same manner and subject to the same penalties as other city taxes. Upon payment of the assessment, fees and penalties in full, the city clerk shall file a release of lien with the Ada County assessor. H.D7 Summary Abatement: Nothing contained herein shall prevent a code enforcement officer, peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of an Abatable Nuisance a nuisanee eandition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. LR: Noxious Weeds: In addition to other remedies set forth in this chapter, the code enforcement officer shall may notify Ada County of the presence of any noxious weeds. 4-2-4: GENERAL NUISANCES: PROCEDURES AND PENALTIES: NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 6 OF 10 DRAFTCode Enforcement Department Report • June 12, 2012 A. Applicability: The procedures set forth in this section shall apply to General Nuisances as that term is defined in this chapter. B. Criminal Penalties: Any person who causes, creates, or allows the existence of any General Nuisance shall be guilty of a misdemeanor. Each and every day in which any such violation shall continue shall be deemed a separate offense. Peace officers and code enforcement officers shall have the authority to issue uniform citations to violators of this section Issuance of notice of violation and order to abate shall not be a mandatory prerequisite to issuance of a uniform citation under this section. C. Civil Penalties: In addition to an offer penalties described in this section, the City may also take civil action to obtain an order mandating the abatement of such General Nuisance and ongoing maintenance of such proyarty free from nuisance, and/or to recover any and all costs of enforcement, litigation, and/or prosecution including but not limited to attorney fees and court costs. D. Summary abatement: Nothing contained herein shall prevent a code enforcement officer, peace officer, or fire marshal from requiring, undertaking or causing summary abatement of a General Nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. 4-2-65: HINDERING AUTHORIZED PERSON: It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized city official or employee to enter upon private or public property to enforce the provisions of this chapter. Section 2. That Meridian City Code section 4-1-10(H) shall be amended as follows: H. Taking Of Solid Waste Or Recyclables: All solid waste and recyclable materials placed for collection shall be owned by, and shall be the responsibility of, the customer until collection. Upon collection, all solid waste and recyclable materials shall become the property of the franchisee. It shall be unlawful for any person to take, examine, uncover, snoop in, separate, gather, collect or salvage materials deposited in wheeled carts or containers except with the express permission of the owner or occupant or as otherwise allowed by law. Section 3. That Meridian City Code section 6-3-6 shall be amended as follows: 6-3-6: NOISES CREATING PUBLIC DISTURBANCE: A. Prohibited Acts: Between the hours of eleven o'clock (11:00) p.m. and six o'clock (6:00) a.m. or at any time so as to unreasonably disturb or interfere with the peace comfort or enjoyment of others, it It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the such property, sound that is a public disturbance noise, The following sounds are determined to be public disturbance noises: NUISANCE,. SOLID WASTE, AND NOISE CODE UPDATES PAGE 7 OF 10 DRAFT Code Enforcement Department Report • June 12, 2012 1. Horns Or Sirens: The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; 2. Repetitive Motor Vehicle Sounds: The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off highway vehicle or internal combustion engine within aresidential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; Yelling Or Shouting: Yelling, shouting, hooting, whistling or singing on or near the public streets which unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 4. Noise From Buildings: The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, or from any fixture or apparatus attached thereto, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions or social gatherings; 5. Motor Vehicle Sound Systems: Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty feet (50') from the vehicle itself, 6. Audio Equipment: Sound from audio equipment or any device that amplifies sound, sueh as tale pi fifers, Fadies, or eorapaet disc players, operated at a volume so as to be audible greater than fifty feet (50') from the source PAid if not fated n the o� oftho .,pe .:pe .. prep„ y v operates or so as to unreasonably disturb or interfere with the peace comfort and repose of owners or possessors of real groperty. B. Exceptions: 1. Sounds caused by any emergency vehicle or personnel when responding to an emergency call or acting in time of emergency, 2. Sounds caused by activities upon any outdoor municipal, school, religious, or publicly owned property, park, or facility, provided that such activities has been authorized by the owner of such property or facility or its agent. 3. Sounds caused by parades, fireworks displays, or any other event for which a permit for that type of activity is required and has been obtained from the authorized governmental entity within such hours as may be imposed as a condition for the issuance of said permit. 4. Sounds caused by locomotives or other railroad equipment. 5. Sounds caused by burglar alarms that are not in violation of this code. NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 8 OF 10 DRAFT Code Enforcement Department Report • June 12, 2012 6. Sounds caused by safety warning devices required by law. 7. Sounds caused by devices or machinery that is part of the use within the confines of the particular zoning designation that the device is located or pursuant to a conditional use permit (i.e., drive-through window speakers, car lot PA systems). Sounds emanating from devices used within the common areas of a multi -unit facility whose use has been approved by the owners or management of the facility. Said use must comply with any regulations imposed by the owners or management of the facility to be exempt under this section. This exemption only applies in relation to other units within the same facility. .. . C. D. Violation, Penalties: Any per -son . elating two provisions of this seeti..n shall be subjeet to P %, as prw,4ded in eetion 1 ^ 1 of t'iiis ,.,.a,,. A violation of this section shall be a misdemeanor. Section 4. That Title 8, Section 1, Meridian City Code, is hereby REPEALED. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this Ordinance shall be in full force and effect on July 1, 2012. PASSED by the City Council of the City of Meridian, Idaho, this day of June, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of June, 2012. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 9 OF 10 C. D. Violation, Penalties: Any per -son . elating two provisions of this seeti..n shall be subjeet to P %, as prw,4ded in eetion 1 ^ 1 of t'iiis ,.,.a,,. A violation of this section shall be a misdemeanor. Section 4. That Title 8, Section 1, Meridian City Code, is hereby REPEALED. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this Ordinance shall be in full force and effect on July 1, 2012. PASSED by the City Council of the City of Meridian, Idaho, this day of June, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of June, 2012. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 9 OF 10 Meddian City Council Meeting DRAFT Code Enforcement Department Report • June 12, 2012 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING CHAPTER 2, TITLE 6 OF THE MERIDIAN CITY CODE, RELATING TO ANIMAL CONTROL, INCLUDING DEFINITIONS; ANIMAL CONTROL OFFICER; CITY DOG POUND; CITY OF MERIDIAN DOG LICENSE; IMPOUNDMENT, RECLAMATION, AND RELINQUISHMENT OF DOGS; DECLARATION OF ABANDONMENT; DECLARATION OF VICIOUS DOG; REQUIREMENTS FOR VICIOUS DOGS; LIVESTOCK HARBORED ON PRIVATE PROPERTY; PROHIBITED ACTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the public health, safety, and welfare to establish regulations regarding animal control; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 6, Chapter 2 of the Meridian City Code is hereby repealed, and shall be replaced with language to read as follows: Title 6, Chapter 2: Animal Control 6-2-1: DEFINITIONS: As used in this chapter, the following terms shall be defined as in this section provided: A. 7 -IN -1 VACCINE: An injection that vaccinates against distemper, parvovirus, parainfluenza, adeovirus, leptospira I, leptospira II, and coronavirus. B. ABANDONED ANIMAL: An animal that is impounded in accordance with the provisions of this chapter, and is: 1. Suffering from serious injury, rabies, or other serious disease; 2. Not wearing a legible license when it is impounded; 3. Voluntarily relinquished by its owner; or 4. Not reclaimed by its owner after five (5) working days of such impoundment, except that such time shall be tolled where the dog owner appeals a declaration that the dog is a vicious dog. C. ANIMAL: Any member of the animal kingdom, except members of the human race. D. CITY DOG POUND: The primary location at which dogs shall be impounded in accordance with the provisions of this chapter, as designated by the Chief of Police. ANIMAL CONTROL ORDINANCE UPDATE PAGE 1 OF 12 DRAFT Code Enforcement Department Report • June 12, 2012 E. CRUELTY TO ANIMALS: The intentional and malicious infliction of pain, physical suffering, injury or death upon an animal, including, but not limited to: 1. Depriving of or failing to provide an animal with adequate food, water, shelter, and/or essential veterinary care. 2. Leaving an animal in one's possession, custody, control, or care unattended for more than thirty-six (36) hours. 3. Maliciously or cruelly killing, maiming, wounding, beating, mutilating, torturing, tormenting, overworking, or otherwise abusing any animal. 4. Allowing, arranging, or instigating a fight between two animals. 5. Making accessible to any animal, by any means, with intent to cause harm or death, any substance that is poisonous, or that has, in any manner, been treated or prepared with any harmful or poisonous substance, except that this definition shall not include the lawful use of poisonous substances for the control of rodents and/or insects in furtherance of the public health; nor shall this definition include the lawful use of poisonous substances by a veterinarian or animal control officer for the purposes of euthanizing an animal. F. DOG: Any male or female member of the canine family. G. IMPOUND: To deliver a seized animal to the City dog pound. H. LIVESTOCK: Domesticated animals, traditionally kept for use or profit, which are housed outdoors and/or in outdoor enclosures such as pens, barns, barnyards, pastures, corrals, coops, sties, stables, or paddock areas. Livestock shall include, but is not limited to: horses, donkeys, mules, cattle, llamas, alpacas, swine, sheep, goats, rabbits, poultry, and/or domesticated birds, except that this definition shall not include chicken hens. I. OWN: to be the owner thereof; or to keep, harbor, or possess; or to accept or maintain custody, control, or care thereof. J. OWNER: Any person owning, keeping, harboring, or possessing an animal, or accepting or maintaining custody, control, or care of an animal. K. SEIZE: To take custody of an animal. L. VETERINARIAN: A doctor licensed to practice veterinary medicine in the state of Idaho. M. VICIOUS DOG: A dog declared by the Animal Control Officer to be a vicious dog. 6-2-2: ANIMAL CONTROL OFFICER; CITY DOG POUND: A. Animal control officer. The Chief of Police shall appoint one or more Animal Control Officer(s) who shall, under the direction of the Chief of Police; have the authority to enforce the provisions of this chapter. Additionally, the Animal Control Officer shall be authorized to: 1. Seize and impound dogs that are at large and unattended in City limits. ANIMAL CONTROL ORDINANCE UPDATE PAGE 2 OF 12 DRAFTCode Enforcement Department Report • June 12, 2012 2. Seize impound, and euthanize dogs in accordance with the provisions of this chapter. 3. Seize and impound vicious dogs which are not properly secured in accordance with all standards and provisions of this chapter, and euthanize same pursuant to court order. ZN1' 3. Seize and impound vicious dogs in accordance with the provisions of this chapter, and euthanize same pursuant to court order. 4. Remove and properly dispose of the carcass of any dead animal found in any public place. 5. Declare that a dog is abandoned; 6. Decide whether an abandoned dog shall be euthanized or made available for adoption. 7. Declare that a dog is a vicious dog. 8. Issue uniform citations for violations of this chapter. B. City dog pound. The Chief of Police shall designate a City dog pound. Such dog pound shall provide adequate physical accommodations, materials, and staffing to provide basic housing, feeding, watering, vaccination, and supervision of dogs impounded therein. 6-2-3: CITY OF MERIDIAN DOG LICENSE: A. Dog license required. Each dog owner living in or visiting Meridian for thirty (30) days or longer shall obtain a City of Meridian dog license for each dog that is owned by such person and that is more than six (6) months of age. 2. Application for a City of Meridian dog license shall be made to the City Clerk, Meridian Police Department, or licensing designee duly authorized by the City as set forth in this chapter. Such application shall include the following: a. A completed application form, which form shall include the name, physical address, mailing address, and telephone number of dog owner and a description of dog to be licensed; b. A valid rabies vaccination certificate issued by a licensed veterinarian within the previous year for a dog that was less than one (1) year old when vaccinated; or within the previous three (3) years for a dog that was one (1) or more years old when vaccinated; c. A valid spay or neuter certification, if applicable; and ANIMAL. CONTROL ORDINANCE UPDATE PAGE 3 OF 12 DRAFTCode Enforcement Department Report • June 12, 2012 d. Applicable dog license fee per fee schedule. Where the fee schedule provides for a lower license fee for a spayed or neutered dog, the City or its licensing designee shall allow the payment of the lower license fee only upon the dog owner's presentation of a certificate of neuter or spay issued by a veterinarian or by the Idaho Humane Society. License fees shall be waived for: (1) The owner of any dog used by a visually impaired, hearing impaired, or disabled person and used as a seeing eye dog, hearing ear dog, or service dog shall not be required to pay a license fee. The City or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of certification of the dog owner's visual or hearing impairment or disability by a licensed medical doctor. (2) The owner of any dog in training to serve as a seeing eye dog, hearing ear dog, or guide dog shall not be required to pay a license fee. The City or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of proof that such dog is in training for such purpose. (3) Any dog owned by a public entity or public agency. 2. The City Clerk, Meridian Police Department, or licensing designee shall issue a dog license tag within two (2) working days of receipt of complete application materials and fees. B. Annual licensing required. All City of Meridian dog licenses shall be valid only in the calendar year issued and shall expire December 31 of that year. C. Lost dog license tag. The City or its licensing designee shall reissue a lost dog license tag upon payment of lost dog tag fee as set forth in fee schedule and verification that the license tag sought to be replaced is a current and valid City of Meridian dog license, which verification shall be made by reference to the official log(s) of the City or its licensing designee(s). D. Dog licensing designees. In order to facilitate the licensing of dogs within the City of Meridian, the City may enter into agreements with the Idaho Humane Society, veterinarians, or vendors of pet products doing business within the City of Meridian authorizing such licensing designee to issue City of Meridian dog licenses on behalf of the City, except that no licensing designee shall be authorized to issue vicious dog licenses. 6-2-4: IMPOUNDMENT, RECLAMATION, AND RELINQUISHMENT OF DOGS: A. Vaccination of impounded dogs. Upon impoundment of a seized dog, the Animal Control Officer shall administer to such dog a 7 -in -1 vaccination. B. Notice of impoundment. Within two (2) working days of seizing a dog wearing a legible dog license, the Animal Control Officer shall serve or mail to the dog's owner at the licensed address notification that such dog has been impounded. Such notice of impoundment shall contain the following information: 1. Date and location of the dog's seizure; ANIMAL CONTROL ORDINANCE UPDATE PAGE 4 OF 12 DRAFTCode Enforcement Department Report • June 12, 2012 2. Date and location of the dog's impoundment; 3. Hours and location at which the owner may reclaim ownership and take custody of such dog; 4. Fees that must be paid prior to reclaiming ownership and taking custody of such dog; Notification that the Animal Control Officer shall declare such dog abandoned if not reclaimed within five (5) working days of its impoundment; 6. The date upon which such dog shall be declared abandoned if dog owner fails to reclaim and take custody prior thereto; and 7. Notification that upon declaration of abandonment, such dog shall be euthanized or made available for adoption. Notice of impoundment shall not be required where address of the dog's owner is unknown or where the whereabouts of the dog's owner are unknown. C. Reclamation of impounded dog. The owner of a dog that has been impounded may reclaim such dog by accomplishing the following within five (5) working days of such dog's impoundment: 1. Personally appearing at the location of such impoundment; 2. Paying in full all applicable fees per City fee schedule, including, but not limited to: 7 -in -1 vaccination fee, impound fee, and/or daily boarding fee; 3. Paying in full all costs incurred by City to provide basic veterinary care to the impounded dog, upon presentation of an invoice for same; 4. Submitting complete application materials and fee for a City of Meridian dog license for such dog if the dog is not then licensed and the dog owner is a resident of Meridian; and 5. Taking physical custody of such dog. D. Relinquishment of living or dead dog. An Animal Control Officer shall, upon a dog owner's request and payment of fee established by fee schedule, take possession of any dog, living or dead, that is owned by such person. The Animal Control Officer may require proof of ownership before taking possession of a voluntarily relinquished dog. When a dead dog is voluntarily relinquished to an Animal Control Officer, the Animal Control Officer shall dispose of the dog. 6-2-5: DECLARATION OF ABANDONMENT: A. Declaration of abandonment. Animal Control Officers are authorized to declare that a dog is abandoned where such dog meets the definition thereof as set forth in this chapter. B. Effect of declaration of abandonment. Upon the Animal Control Officer's declaration that a dog is abandoned, such dog may be euthanized or made available for adoption by any person. ANIMAL CONTROL ORDINANCE UPDATE PAGE 5 OF 12 DRAFTCode Enforcement Department Report • lune 12, 2012 The decision to euthanize a dog or to make a dog available for adoption shall be made in the sole discretion of the chief of police or designee based on factors including, but not limited to, the health, disposition, behavior, and/or adoptability of the dog. 6-2-6: DECLARATION OF VICIOUS DOG: A. Declaration of vicious dog. The Animal Control Officer is authorized to declare that a dog is a vicious dog. 1. Any dog whose behavior or actions fall within one or more of the following shall be declared a vicious dog: a. Any dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack, which placed a reasonable fear in such a person that such violence was imminent, upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog; or b. Any dog which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog; or c. Any dog with a prior history or documented incidents of attack or biting of persons or other animals, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of persons or other domestic animals; or d. Any dog owned or harbored primarily or in part for the purpose of fighting or attacking people or any dog trained for fighting or attacking of persons. 2. Except that: a. No dog may be declared vicious if an injury or damage is sustained by a person who, at the time that such injury or damage was sustained: (1) was committing a willful trespass or other crime or tort upon the premises occupied by the owner of the dog (this does not require the owner to be present at the time of the unlawful trespass or other crime); or (2) was teasing, tormenting, abusing or assaulting the dog; or (3) Was committing or attempting to commit a crime. b. No dog may be declared vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. c. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or retired, may be declared vicious if the action that would be so defined by this definition, took place while the dog was acting within its capacity for law enforcement purposes. B. Notice of declaration of vicious dog. Within two (2) working days of declaring a dog to be vicious, the Animal Control Officer shall serve or mail to the dog's owner at the licensed address written notification that such dog has been declared vicious. Such notice of declaration shall contain the following information: 1. Date of such declaration; 2. Facts supporting such declaration; 3. Notice of the right to appeal such decision as set forth in this section. ANIMAL CONTROL ORDINANCE UPDATE PAGE 6 OF 12 DRAFT Code Enforcement Department Report • June 12, 2012 C. Appeal to Chief of Police. Appeal of the Animal Control Officer's declaration that a dog is vicious may be made by the dog's owner. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the Chief of Police via U.S. Mail within five (5) working days of impoundment. At the scheduled hearing, the Chief of Police or designee shall review the decision of the Animal Control Officer to declare the dog vicious. The hearing shall be informal and no rules of evidence shall apply. The dog owner shall be allowed to present any reasonable evidence to show cause for reversal of the Animal Control Officer's decision. The chief or designee may establish procedures and time limits for the hearing, but shall hear all reasonable evidence, and upon conclusion thereof shall either affirm the decision of the Animal Control Officer that the dog is vicious, or reverse the decision. The chief or designee shall mail to the dog owner a brief written finding supporting his or her decision, including notice of the right to appeal such decision as set forth in this section, within three (3) working days following the hearing. If not appealed, the decision of the chief or designee shall be final eight (8) working days following the hearing before the Chief or designee. D. Appeal to City Council. Appeal of the Chief's or Designee's affirmation of the Animal Control Officer's decision that a dog is vicious may be made by the dog's owner. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within seven (7) working days the hearing before the Chief or designee. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within fourteen (14) days. City Council shall conduct a de novo review and may establish procedures and time limits for such hearing. Following such hearing, City Council either affirm or reverse the Chief s or designee's decision. - The City Council's decision on such appeal shall be a final decision. 6-2-7: REQUIREMENTS FOR VICIOUS DOGS: The owner of a vicious dog shall securely confine such dog to the premises owned or lawfully possessed by such dog owner. A vicious dog shall be deemed "securely confined" only where it is inside a building with no access to the outdoors, or in a securely enclosed or locked outdoor pen or enclosure with secure sides and top, and with all sides secured to the bottom of the enclosure or embedded in the ground no less than two feet (2'). It shall be unlawful for any owner of a vicious dog to fail to comply in any respect with the provisions of this section. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. 6-2-8: LIVESTOCK HARBORED ON PRIVATE PROPERTY: A. Stable refuse care. It shall be unlawful to allow stable refuse to accumulate in such a manner that it becomes unsightly and/or offensive to the smell. It is hereby required that such refuse be removed from the legal sanitary limits of the city at least once each week. B. Undue noises. It shall be unlawful to harbor or allow to remain within the corporate limits of the city any livestock which emits noises disturbing to residents of the city. ANIMAL. CONTROL ORDINANCE UPDATE PAGE 7 OF 12 DRAFTCode Enforcement Department Report • June 12, 2012 C. Stock tight fences. It shall be unlawful to allow or maintain fences which are inadequate to keep livestock within the confines of the plot, lot or pasture where such livestock is normally harbored. 6-2-9: PROHIBITED ACTS: A court sentencing a person for a violation of this chapter may assess court costs in addition to the fines and penalties set forth herein. A. Barking dog. It shall be unlawful for any dog owner to permit a dog owned by such person to bark, howl or otherwise create a disturbance. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. B. Cruelty to animals. It shall be unlawful for any person to commit cruelty to animals. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any animal found in violation of this section. C. Damage to property. It shall be unlawful for any person owning any animal to cause or allow such animal to damage private or public property without the consent of the property's owner. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. D. Dog at large in public place. It shall be unlawful for any dog owner to allow or cause any dog owned by such person to be or remain in any public place, unless such dog is controlled by a leash not exceeding six feet (6') in length. A person's first violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). A person's second violation of this section shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. E. Dog at large on private premises. It shall be unlawful for any dog owner to allow or cause such dog to be or remain upon any private premises without the consent of the person in possession of such premises. A person's first violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). A person's second violation of this section shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. F. Dog attacking or biting. Any owner of a dog which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the biting dog, shall be guilty of a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of ANIMAL CONTROL ORDINANCE UPDATE PAGE 8 OF 12 DRAFTCode Enforcement Department Report • June 12, 2012 this section. Where a dog seized pursuant to this provision shows any symptom of rabies or has not been vaccinated for rabies, the Animal Control Officer shall deliver the biting animal to the Idaho Humane Society or to a licensed veterinarian for examination for rabies, and all related costs of such examination shall be paid by the dog owner upon demand from City. Such examination may include, at the discretion of the Idaho Humane Society or veterinarian to whom the biting dog is surrendered, a period of quarantine, confinement, and/or impoundment. If such biting dog is determined to be free of rabies, the dog shall be returned to the owner upon payment to the Idaho Humane Society or licensed veterinarian who examined such animal of all related fees and/or costs. If such biting dog is determined to be afflicted with rabies, the biting dog shall be euthanized according to the provisions of this chapter. G. Dog rushing. It shall be unlawful for any owner of a dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. H. Failure to display dog license tag. It shall be unlawful for any dog owner to fail to cause any licensed dog owned by such person to wear, at all times, a durable, secure collar bearing a valid City of Meridian dog license tag. Production of proof that such dog is licensed shall be an affirmative defense to a charge of violation of this section. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). I. Failure to license dog. It shall be unlawful for any dog owner to fail to obtain a City of Meridian dog license for any dog owned by such person. It shall be an affirmative defense to a charge of violation of this section that such dog is six (6) months of age or younger. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A person's first violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). A person's second violation of this section shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. J. Failure to update dog owner contact information. It shall be unlawful for any dog owner to fail to provide to the City Clerk's Office or Meridian Police Department updated contact information where there is a change in such dog owner's physical address, mailing address, and/or telephone number registered with any City of Meridian dog license. A violation of this section shall constitute an infraction punishable by a fine of ten dollars ($10.00). K. Female dog in heat. It shall be unlawful for any owner of a female dog in heat to fail to enclose such female dog in such a manner as to preclude other dogs from attacking or being attracted to such female dog. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. ANIMAL CONTROL ORDINANCE UPDATE PAGE 9 OF 12 DRAFT Code Enforcement Department Report • June 12, 2012 L. Fraudulent display of dog license tag. It shall be unlawful for any dog owner to fail to cause or allow any dog owned by such person to wear a dog license tag issued for another dog, or to wear any imitation of a City of Meridian dog license tag. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. M. Harboring excess dogs. It shall be unlawful for any person to own; keep, harbor, possess, accept, or maintain custody, control, or care of, or license more than three (3) dogs at any single residence, property, or premises. It shall be an affirmative defense to a charge of violation of this section that such dogs comprise a single litter of puppies under six (6) months of age that is kept at a single location with the mother dog. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. N. Harboring rabid animal. It shall be unlawful for any person to own, keep, harbor, possess, accept, or maintain custody, control, or care of any animal afflicted with rabies. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any animal found in violation of this section. O. Improper disposal of dead dogs. It shall be unlawful for any person to place or leave any dead dog on public or private property, including premises lawfully owned or possessed by such person. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. P. Interference with Animal Control Officer. It shall be unlawful for any person to hinder or interfere with in any manner an Animal Control Officer who is enforcing any of the provisions of this chapter. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. Q. Removal of dog feces. It shall be unlawful for any person to fail to promptly remove and dispose of, in a sanitary manner, any and all feces left by a dog owned or being handled by such person on property, public or private, other than the premises of the owner or handler of such dog. A violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). R. Unlawful reclamation of impounded dog. It shall be unlawful for any person to recover or attempt to recover possession of any impounded dog, in any manner contrary to City policy or the provisions of this chapter. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. ANIMAL CONTROL ORDINANCE UPDATE PAGE 10 OF 12 DRAFTCode Enforcement Department Report • June 12, 2012 S. Unsecured vicious doe. It shall be unlawful for any owner of a vicious doe to fail to secure such doiz at any time. A vicious dog shall be secured by: 1) confining such dog indoors with no access to the outside, 2) confining such dog in a securely enclosed or locked outdoor nen or structure with secure sides and roof and the bottom of which nen or structure is embedded in the ground or 3) at all times when not confined indoors or in an outdoor enclosure, muzzling and securely controlling such dog by a leash not exceeding six feet (6') in length. A violation of this section shall constitute a misdemeanor punishable by a fine of one thousand dollars ($1,000. 00) and one hundred and eighty (180) days jail. Additionally, upon conviction, the court may authorize the animal control officer to seize, impound, and/or euthanize the dog giving rise to the violation. OR S. Harborine vicious dog. Upon declaration by the Animal Control Officer that a dog is vicious such dog must be euthanized or otherwise removed from the City of Meridian within fourteen 14 days of such declaration. It shall be unlawful for any person to own a vicious dog in the City of Meridian more than fourteen (14) days following the Animal Control Officer's declaration that a dog is vicious. Fourteen (14) days following the Animal Control Officer's declaration that a dog is vicious, such dog may be considered to be contraband, and may be seized pursuant to warrant and euthanized A violation of this section shall constitute a misdemeanor punishable by a fine of one thousand dollars ($1,000.00) and one hundred and eighty (180) days Additionally, upon conviction, the court may authorize the animal control officer to seize impound and/or euthanize the dogig ving rise to the violation. 6-2-10: SEVERABILITY: If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. PASSED by the City Council of the City of Meridian, Idaho, this APPROVED by the Mayor of the City of Meridian, Idaho, this APPROVED: Tammy de Weerd Mayor ATTEST: Jaycee Holman City Clerk day of June, 2012. day of June, 2012. ANIMAL CONTROL ORDINANCE UPDATE PAGE 11 OF 12 DRAFTCode Enforcement Department Report • June 12, 2012 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING CHAPTER 2, TITLE 6 OF THE MERIDIAN CITY CODE, RELATING TO ANIMAL CONTROL, INCLUDING DEFINITIONS; ANIMAL CONTROL OFFICER; CITY DOG POUND; CITY OF MERIDIAN DOG LICENSE; IMPOUNDMENT, RECLAMATION, AND RELINQUISHMENT OF DOGS; DECLARATION OF ABANDONMENT; DECLARATION OF VICIOUS DOG; REQUIREMENTS FOR VICIOUS DOGS; LIVESTOCK HARBORED ON PRIVATE PROPERTY; PROHIBITED ACTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 10- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of 2010. William. L.M. Nary City Attorney ANIMAL CONTROL ORDINANCE UPDATE PAGE 12 OF 12 Meridian City Council Meeting DATE: June 12. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Public Works Department Report: Draft Memorandum of Agreement with City of Boise and Ada County for Sharing Countywide GIS Dataset 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 DRAFT MEMORANDUM OF AGREEMENT for SHARED USE OF COUNTYWIDE ADDRESS DATA This MEMORANDUM OF AGREEMENT for SHARED USE OF COUNTYWIDE ADDRESS DATA ("Agreement") is made this day of 2012 ("Effective Date"), by and between the following government agencies, hereinafter collectively referred to as "Parties": Ada County, a political subdivision of the State of Idaho, whose address is 190 East Front Street, Suite 107, Boise, Idaho; City of Boise, a municipal corporation organized under the laws of the State of Idaho, whose address is 150 N. Capitol Blvd., Boise, Idaho; and City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho. WHEREAS, the parties hereto each have access to a compiled Geographic Information Systems ("GIS") layer of address points throughout Ada County, Idaho ("Addressing Dataset"); WHEREAS, the Addressing Dataset contains information potentially useful to the respective Parties for public safety and emergency response purposes, addressing, local and regional analyses and planning efforts, and other public service and governmental functions, to further these objectives and achieve economy of public resources it is the Parties' desire to provide to each other mutual access to the Addressing Dataset; WHEREAS, the Parties recognize that the Addressing Dataset is a public record as that term is defined in Idaho Code section 9-337(13), and thus disclosure of such record to the public is generally required by the Idaho Public Records Act, subject to exceptions to disclosure enumerated therein and the requestor's payment of fees statutorily adopted by the respective governing bodies of Parties pursuant to Idaho Code section 31-875 or 50-345; WHEREAS, the "Guidelines for Providing Appropriate Access to Geospatial Data in Response to Security Concerns," issued by the Federal Geographic Data Committee, state that in balancing the disclosure of particular GIS data or safeguarding such information as a threat to public safety or security, the agency holding such data should conduct a "user needs assessment," including (1) whether the data could be useful for planning an attack on a specific potential target, (2) whether the information is unique to the data requested, and (3) whether risks to safety or security outweigh societal benefits of disclosure; WHEREAS, the Parties have made this assessment as to the Addressing Dataset, and find that public disclosure of most components of the Addressing Dataset is generally appropriate, subject to the constraints of state and federal law in specific circumstances; WHEREAS, each of the Parties, respectively, therefore find and agree that some APA Codes, as presented in the Addressing Dataset, are exempt from public disclosure pursuant to State and Federal law; and WHEREAS, the Parties are authorized by Idaho Code section 67-2328 to enter into agreements for joint or cooperative action; NOW, THEREFORE, subject to the limitations of this Agreement and in order to meet the objectives described above, the Parties hereby agree as follows: MOA: COUNTYWIDE GIS DATASET PAGE 1 OF 5 DRAFT I. DISCLAIMER TO ACCOMPANY DISCLOSURE OF ADDRESSING DATASET. Whenever any Party hereto provides or discloses the Addressing Dataset, or any component, subset, iteration, or synthesis thereof, to any entity, the disclosing Party shall attach to the disclosed data the following language ("Disclaimer"): This record is provided on an "as -is" basis, and subject to the following conditions. No representations or warranties are conveyed with this record regarding its suitability, reliability, or accuracy for any purpose. Any user of this record accepts all risks of using it, whether such risks are known or unknown, and such user is solely responsible for complying with any and all legal requirements and prohibitions, including, but not limited to, Idaho Code section 9-348, prohibiting the use of this record for marketing or as a mailing or telephone list. Updates andlor changes to the data used to compile this record may occur at any time. Please do not re -distribute this record - further requests for this record should be forwarded to the agency from which it originated. II. DISCLOSURE OF ADDRESSING DATASET. A. Disclosure to each other. Pursuant to the conditions set forth in this Agreement, the Parties to this Agreement agree to disclose or provide to any and all other Parties all components and compilations of the Addressing Dataset that are accessible, created, or complied by the other Party or Parties. No Party shall charge a fee to the other(s) for such disclosure. All Parties hereby assert the terms of the Disclaimer as to the disclosure of the Addressing Dataset to the other Parties, and all Parties hereby accept the terms of the Disclaimer as to the receipt of the Addressing Dataset from the other Parties, and for these reasons the Disclaimer need not accompany such disclosures from one Party to another. B. Disclosure to other government entities. The Parties agree that, subject to the provisions of this Agreement and all applicable provisions of Idaho law, the Addressing Dataset and all components thereof may be provided or disclosed upon request of a local, State, or Federal government agency or taxing district, or upon request of any of the following entities, so long as such provision or disclosure is accompanied by the Disclaimer: 1. Designated agents of any Party hereto, acting on behalf of such Party; 2. Community Planning Association of Southwest Idaho ("COMPASS"); and Utilities, whether privately or publicly owned, in compliance with Idaho Code section 9- 348(7). Because this information is disclosed for the purpose of public safety and the furtherance of the conduct or administration of the public's business, no Party shall charge a fee for disclosure of the Addressing Dataset to the government entities enumerated herein. C. Disclosure to public. The Parties agree that, subject to the provisions of Idaho law, the Addressing Dataset and components, subsets, iterations, or syntheses thereof may be provided to any member of the public, pursuant to a written public records request and upon the requester's lpayment of all duly adopted and applicable fees. Specifically, without limitation, except with notice to and written consent of all Parties hereto, no party shall, and whenever possible, shall not MOA: COUNTYWIDE GIS DATASET PAGE 2 or 5 DRAFT allow any third party to, disclose to the public the Addressing Dataset or any component, subset, iteration, or synthesis thereof, where such record or information is exempt from disclosure under: 1. Idaho Code sections 9-348(1)(a) and (b), which states that no Party may disclose a list of persons for use as a mailing list or a telephone number list, and no non-governmental entity may use a list of persons as a mailing list or a telephone number list; 2. Idaho Code section 9-340B(4)(b), which exempts from disclosure records of buildings, facilities, infrastructure and systems when the disclosure of such information would jeopardize the safety of the public or any person; or Idaho Code section 9-340A(1), which exempts from disclosure under State law those records that are exempt from disclosure under Federal law, including, without limitation, Homeland Security Presidential Directive 7: Critical Infrastructure Identification, Prioritization, and Protection. III. TERM. This Agreement shall commence on the Effective Date, and shall expire one (1) year from the Effective Date. This Agreement shall automatically be renewed from year to year thereafter unless earlier terminated by any Party as provided herein. IV. TERMINATION. Any Party may terminate this Agreement for convenience or for cause upon thirty (30) days written notice, or immediately upon notice in the case of a breach of any restriction set forth in this Agreement. Upon termination, any Party that has received the Addressing Dataset or any, component or compilation thereof shall become the custodian of that record in its current iteration as of the date of termination. V. LIMITATION OF LIABILITY. Each Party shall hold all others harmless, with respect to any subject matter of this agreement or under contract, negligence, strict liability or any other legal or equitable theory for: A. Any special, punitive, incidental or consequential damages (including, without limitation, for any lost profits, cost of procurement of substitute goods, technology, services or rights); B. Interruption of use or loss or corruption of data; or C. Any matter beyond its reasonable control. This provision shall survive termination of this Agreement. VI. GENERAL PROVISIONS. A. Governing law. This Agreement shall be governed in all respects by the substantive laws of the State of Idaho and of the United States of America. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of and venue within the state or federal courts located in the state of Idaho, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. MOA: COUNTYWIDE GIS DATASET PAGE 3 OF 5 DRAFT B. Notices. All notices, statements, and reports required or permitted by this Agreement shall be in writing and deemed to have been effectively given and received three (3) business days after the date of mailing by registered or certified U.S. mail, postage prepaid, with return receipt requested. Notices shall be addressed as follows: 1. Ada County: Ada County Assessor Attn: Land Records Supervisor 190 East Front Street, Suite 107 Boise, Idaho 83702 2. City of Boise: City of Boise Attn: GIS Manager 150 N. Capitol Blvd. Boise, Idaho 83702 3. City of Meridian: City of Meridian Attn: Community Development Director 33 E. Broadway Avenue Meridian, Idaho 83642 C. No assignment. No Party shall assign or otherwise transfer any of its rights, obligations or licenses hereunder. The provisions of this Agreement shall apply to and bind the successors and permitted assigns of the parties. D. Third party beneficiaries. Licensee acknowledges and agrees that there are no third party beneficiaries of this Agreement. E. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, which shall continue in full force and effect. F. No waiver. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect. G. Entire agreement. This Agreement constitutes the complete, final and exclusive statement of the terms of the agreement between the Parties and supersedes all prior agreements, understandings, negotiations and discussions of the parties, whether written or verbal. No modification or rescission of this Agreement shall be binding unless duly executed in writing by the governing boards of all Parties. H. Authority. Each party represents that all corporate action necessary for the authorization, acceptance and delivery of this Agreement by such party and the performance of its obligations hereunder has been taken. MOA: COUNTYWIDE GIS DATASET PAGE 4 of 5 DRAFT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of 2012. ADA COUNTY: BOARD OF ADA COUNTY COMMISSIONERS By: Sharon Ullman, Commissioner By: Rick Yzaguirre, Chairman By: Commissioner Attest: Christopher Rich, Ada County Clerk CITY OF BOISE: By: David Bieter, Mayor Attest: Debbie Broughton, City Clerk ex officio CITY OF MERIDIAN: By: Tammy de Weerd, Mayor Attest: Jaycee Holman, City Clerk MOA: COUNTYWIDE GIS DATASET PAGE 5 OF 5 Meridian City Council Meeting DATE: June 12. 2012 ITEM NUMBER: ITEM TITLE: Future Meeting Topics PROJECT NUMBER: 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: June 12, 2012 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Executive Session Per Idaho State Code 67-2345 (1)(a)(f): (a) To Consider Hiring A Public Officer, Employee, Staff Member Or Individual Agent, Wherein The Respective Qualities Of Individuals Are To Be Evaluated In Order To Fill A Particular Vacancy Or Need. This Paragraph Does Not Apply To Filling A Vacancy In An Elective Office Or Deliberations About Staffing Needs In General, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation MEETING NOTES 1n ea S'. Z2. PK-, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS