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2013-10-08
C�WEFIDIAN - CITY COUNCIL WORKSHOP IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, October 08, 2013 at 3:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Approve Minutes of September 10, 2013 City Council and Planning and Zoning Special Joint Meeting B. Approve Minutes of September 17, 2013 City Council PreCouncil Meeting C. Approve Minutes of September 17, 2013 City Council Meeting D. Approve Minutes of September 24, 2013 City Council Meeting E. Findings of Fact, Conclusions of Law for Approval: SHP 13-003 River Valley Retail Subdivision by North Eagle Road, LLC Located at 3230 E. River Valley Street Request: Short Plat Consisting of Two (2) Building Lots on 1.14 Acres of Land in the C -G Zoning District F. Agreement for Professional Services with Centra Consulting Inc. for QLPE Plan Check Services for the Not -to -Exceed Amount of $50,000.00 G. Sewer and Water Main Easement for Walmart, 795.W Overland Rd H. Renewal of Emergency Medical Services Joint Powers Agreement I. Tradewinds Subdivision Water Main Easement J. Resolution No. 13-956: A Resolution for Community Development Block Grant Amended PY12 Action Plan Meridian City Council Meeting Agenda— Tuesday, October 08, 2013 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. K. Resolution No. 13-957: A Resolution Appointing Tammy De Weerd as a Member of the Ada County -City EMS System Joint Powers Board and Appointing Brad Hoaglun as the Alternate Member of the Ada County -City EMS System Joint Powers Board 5. Community Items/Presentations A. Resolution No. 13-958: Resolution Approving Project Selection for the Community Development Block Grant PY2013 Action Plan Moved to Item 4L on the Consent Agenda 6. Items Moved From Consent Agenda None 7. Department Reports A. Public Works Department: Strategic Focus Update B. Public Works: Meridian Water Conservation Plan Update C. Parks and Recreation Department: Discussion on Future Dog Park D. Community Development: Transportation Update on Projects, Plans and Programs - Includes Report on Parklet Project, Downtown Street Cross - Section Master Plan, Meridian Road Interchange Rebuild Project, and Other Transportation Projects E. Legal Department: Three Party Agreement between the City of Meridian, the Meridian Heights Water and Sewer District (MHWSD), and Lee Centers for the Dissolution and Transfer of Assets and Liabilities from MHWSD to the City of Meridian. F. Police Department: Public Safety Training Facility Design Update Motion approved to Proceed with the Covering of the Hunter Lateral for the Not -to - Exceed Amount of $80,000.00 G. Legal Department: Budget Amendment for Purchase of Real Property near City Hall for Future Parking and Demolition of 15 W. Broadway Avenue in the Amount of $373,336.00 Approved H. Human Resources: Discussion of City Policy Regarding Use of Nicotine or Tobacco Products Bring back for discussion on October 15, 2013 Agenda I. Human Resources: Discussion Regarding City Policy 6.11 - Gifts and Gratuities Meridian City Council Meeting Agenda —Tuesday, October 08, 2013 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. J. Legal and Police Department: Active Code Enforcement Discussion K. Legal Department: Fees and Hardships Discussion 8. Ordinances A. Second and Third Reading of Ordinance No. 13-1579: Parks and Recreation Code Update Approved 9. Future Meeting Topics None Adjourned at 6:47 p.m. Meridian City Council Meeting Agenda — Tuesday, October 08, 2013 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents 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 October 8, 2013 A meeting of the Meridian City Council was called to order at 3:04 p.m., Tuesday, October 8, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Caleb Hood, Tom Barry, Mollie Mangerich, Brian McClure, John Overton, Jamie Leslie, Mike Barton and Dennis Teller. 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: Welcome to our City Council Workshop. We appreciate you all for joining us. For the record it is Tuesday, October 8th. It's a few minutes after 3:00. We will start with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our pledge to our flag. If you will all rise and join us in the pledge. (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: On today's agenda under 4-J that is Resolution No. 13-956. 4-K is Resolution No. 13-957. 5-A is Resolution No. 13-958 and there is a request that this be moved to the Consent Agenda by staff. So, we will make that 4-L as part of the Consent Agenda. So, with those, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. Meridian City County Workshop October 8, 2013 Page 2 of 70 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. Approve Minutes of September 10, 2013 City Council and Planning and Zoning Special Joint Meeting B. Approve Minutes of September 17, 2013 City Council PreCouncil Meeting C. Approve Minutes of September 17, 2013 City Council Meeting D. Approve Minutes of September 24, 2013 City Council Meeting Findings of Fact, Conclusions of Law for Approval: SHP 13- 003 River Valley Retail Subdivision by North Eagle Road, LLC Located at 3230 E. River Valley Street Request: Short Plat Consisting of Two (2) Building Lots on 1.14 Acres of Land in the C-G Zoning District F. Agreement for Professional Services with Centra Consulting Inc. for QLPE Plan Check Services for the Not-to-Exceed Amount of $50,000.00 G. Sewer and Water Main Easement for Walmart, 795 W Overland Rd H. Renewal of Emergency Medical Services Joint Powers Agreement I. Tradewinds Subdivision Water Main Easement J. Resolution No. 13-956: A Resolution for Community Development Block Grant Amended PY12 Action Plan FC. Resolution No. 13-957: A Resolution Appointing °Tammy De Weerd as a Member of the Ada County-City EMS System Joint Powers Board and Appointing Brad Hoaglun as the Alternate Member of the Ada County-City EMS System Joint Powers Board Meridian City County Workshop October 8, 2013 Page 3 of 70 L. Resolution No. 13-958: Resolution Approving Project Selection for the Community Development Dlock Grant PY2013 Action Plan Moved to Item 4L on the Consent Agenda De Weerd: Item 4 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: 4-J is Resolution No. 13-956. 4-K is Resolution No. 13-957. And 4-L is Resolution No. 13-958. And, remember, we added 4-L from 5-A. So, with that, Madam Mayor, I move that the Consent Agenda be approved as amended. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Community Items/Presentations A. Resolution No. 13®958: Resolution Approving Project Selection for the Community Development flock Grant PY2013 Action Plan Moved to Item 4L on the Consent Agenda Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Public Works Department: Strategic Focus Update De Weerd: Item 7-A is under our Public Works Department. I will turn this over to our Public Works Director Tom Barry. Barry: Thank you, Madam Mayor, Members of the Council. It's my pleasure to present to you this afternoon the strategic focus of the Public Works Department, as well as our accomplishments for the past year, and as you know we -- all department heads come up and present to you annually or so regarding the state of our departments and this is Meridian City County Workshop October 8, 2013 Page 4 of 70 ours for the Public Works Department. Before I get too far along I do want to recognize the staff that's joined us here today and most of my strategic leadership team is here and I want to recognize them, as well as all the other staff who work hard each and every day to help us attain the accomplishments -- the strategic accomplishments that we are able to do and meet the challenges of this growing community. So, thank you to them. We will see a lot of their good works here in the presentation as we go. The mission of the Public Works Department is to anticipate, plan, and provide for exemplary public services and facilities that support the needs of our growing community in an efficient, customer focused, and financially responsible manner. The department as you know, but maybe many in the community do not, is a complex bunch and it is comprised of seven distinct divisions and 29 distinct functional areas or accountabilities and those are represented in this particular chart. This is not an organizational chart as it relates to staff, it's a functional accountability chart with regard to areas of responsibility that we oversee. Our infrastructure continues to grow. Here are some of the latest statistics that we have to share with you. I won't walk you through every one of those, but you can imagine on many levels we are continuing to add quite a bit of infrastructure. We are developing, again, pretty much like crazy and with that development comes the addition of water and sewer lines and mains, PRB's, a number of different well infrastructure and sewer infrastructure that comes with those expansions and so the system is continuing to grow. I wanted to spend just a quick minute. I know you know this, but for those in the audience and Council hopefuls and those watching at home, I wanted to differentiate really the work that we do from the work that the rest of the city does and what I mean is to divide this up by the General Fund versus the Enterprise Fund is -- as all of you know the Enterprise Fund is financed differently than the General Fund. We get our revenues from the sale of services, essentially, water and sewer services and for the hook-up fees that developers pay or homeowners pay, for that matter, in connecting up to those systems. That money is used exclusively for the expansion or improvement or replacement of that same infrastructure and is not to be used or allowed to be used for General Fund type activities, which are, essentially, rate based -- or, excuse me, taxpayer based funds, this is sales tax, property taxes, that are used predominately to fund almost everything else in the city. All of the other seven departments and as the activities that are associated with -- with the good work that they do as well. So, very different between Enterprise Fund and General Fund and, likewise, the different set of sort of rules, if you will, from both an accounting and logistics and financing and infrastructure related standpoint. So, let's move into the performance highlights. Now, we have a number of things to share with you. First I want to remind you of the way that we would like to present these performance highlights. We are using the balance score card. The balance score card is an industry standard that has been used in a number of organizations to allow for the organization to align its business activities with the vision and strategy of its overall organizational mission and approve internal and external communication throughout the organization, as well as monitor organizational performance against the strategic goals and initiatives that the organization strives to achieve. Now, we have modified this by inserting the operational components. The typical balance score card only includes the four corners. We have added operations, because we are, essentially, aservice-based or operationally intensive based organization. We will take each of these independently Meridian City County Workshop October 8, 2013 Page 5 of 70 and talk with you about our accomplishments, as well as some of the challenges we see in each of those quadrants. On the financial front I wanted to share a couple of our benchmarks with you. First of all, we continue -- this is over the last three years. We continue to see increases in both sewer and water account growth. That is, of course, where the dominant amount of our revenues come from, the sale of our services. However, assessments, which are, essentially, hook-ups charges for either water and/or sewer, are also growing. But you will notice here that they are growing at a much more rapid pace than our -- our account growth. So, what we are seeing is from development a surge in revenues coming back into the city. We did a quick analysis and you might recall a couple years ago I gave you the statistics that we had about 2,200 vacant lots in the city that were already ready to build on, meaning all the water and sewer infrastructure was there represented over about 13 million, if I'm not mistaken, in uncollected assessments. The number is down to around 1,700 now and continuing to drop. And, of course, a lot of the development that's going on is not on already to build lots. We have got a lot of green field areas as well. So, we are certainly seeing a huge increase in the up tick of connections -- or connection revenues related to connections. Just so you know, our overall revenue this year, year to date as around the beginning of September is six percent, about what we -- what it was last year and last year it was about 11 percent -- or, excuse me, 15 percent over fiscal year 2011. Largely, again, dominated by the growth in the water and sewer hookups. Well, there is where we spend our money. We spend money largely in the Enterprise Fund on two principle areas if you will. Capital expenditures. This is for expanding the system or revitalizing the system, replacing the system, upgrading the system, those types of things. We dominate the spending in wastewater. It is a very expensive business that is not unique to Meridian. So, we spend about three million in water and about 5.3 million of our revenues for capital expenditures. When it comes to operating, we are including both personnel, operating, and maintenance costs, wastewater again continues to dominate. It has about 38 percent of our overall costs go to wastewater operations, about 29 percent go to water operations. Public Works admin, which includes both the administration arm, the business operations arm, inspection, environmental, as well, as engineering, comprises about 28 percent and I did say environmental. We pulled that out separately. You have asked for that to be pulled out in years past, so we continue to track that separately and that amount is, essentially, about four percent of our overall expenditure. We like to put our dashboard up. You have seen this a number of times. This dashboard describes a number of different industry matrix that we continue to track on an annual basis and these matrix are important, because they help us understand where we are on both a cost standpoint and a revenue standpoint and an overall operational standpoint with regard to reserves and operating income. So, I will walk you through the first very few. The red, yellow, green graphs at the very top there are cost of services. This compares our utility costs against other organizational utility costs around the country based upon American Public Works Association standards and what you will see is that Meridian in the water area has a very favorable -- meaning less than ten percent of our costs are in the industry standard of being the best in the country and about ten percent below industry average. The same is -- well, close to the same is true in wastewater. We are a little bit above the best, but certainly within the average -- much on the lower side of the average for industry standards with regard to cost of Meridian City County Workshop October 8, 2013 Page 6 of 70 services on a million gallons of wastewater treated. The four dials in the center essentially cover a number of different things. We will take the first two on the left and this is, essentially, operating ratios, which measures the operating revenues in our organization against our operating expenses and this particular value measures assistance capability of handling operational costs through our user rates and fees. So, we want to make sure that operational costs are being covered by rates. That's why we set up this organization or the system, if you will, several years ago and what you will see is we are doing very well here in both of those matrix where we are covering our operational costs with our operational revenues. If you move over to the graphs on the right, this is, essentially, our revenues versus expenses, which compares total revenues, as you might imagine, against total expenses. This summary is a representation of how the system is doing financially overall and what you see here is that essentially we are positive on revenues or collecting more revenues than we have expenses at the moment. There is a number of different reasons for that. If you have tracked the information that the Finance Department has put together you will know, again, that water and sewer assessments are outpacing even what we have predicted as a projected budget and that's because growth is moving much more quickly than it has in recent years. In addition to that, we are not able to keep pace with the capital construction that we need to be moving on and I will be talking to you about that in a little bit here. Capital construction is waning a bit. We are not able to keep pace with the demands that we have on the capital construction side. Moving down to the two black dials. There is one on either side of the two vertical bars. Those are, essentially, affordability indices and those, essentially, measure, according to the EPA matrix, they measure how affordable are our rates, both on the water side and the sewer side and I'm pleased to report they are extremely affordable when you use that matrix that the EPA has established for developments of new environmental regulations. The two middle dials, the vertical ones, just measure, essentially, what our ending fund balance is and, essentially, you will see that we are in good position there. This excludes our reserves. As you know we have about 13 and a half million in reserves that we have set aside for a number of different reserves and, then, the two dials on the bottom there, which talk about annual system reinvestment, also known as depreciation, you will see we are a little bit in the red there, but those dials are coming back. We have been watching this for several years. If you look at some of these -- if you look at these two indices over the past couple of years you will notice that the dial is coming back, which means that we are getting better and better at this. We are still not there, but we continue to work. We hope to see some improvements as well over this next year and hopefully get those in the green by the time we talk to you this time next year. We will talk about specifically some of the financial accomplishments we have had. As you know a number of months ago we had the wastewater division come in and share with you the good news regarding the collection system program. As you recall in 2009 you gave us approval for in-sourcing our collections, cleaning, and camera inspection program. Since 2009 if we had to pay a contractor for the same level of service over that same period of time it would have cost us 4.7 million dollars to do what we did for only 1.6 million. So, we are really pleased with that. It was a great financial decision for us and, not only that, we have been able to shorten the amount of time it takes us to get through the entire sewer system from around 15 years now down to four, which is a Meridian City County Workshop October 8, 2013 Page 7 of 70 much better -- much more closely matches the industry standards. So, that's good news. Our sensory jar sounds like -- unless we are talking with our laboratory staff sounds like quitexa boring thing. But, essentially, this is important, because what we have done at the wastewater treatment plant is we had used the laboratory staff to help us determine whether or not design improvements that we have conceived are actually going to have or make a difference that we thought they would before we begin construction and in this particular case the centrate jar testing that we did for evaluating the flock tank project evaluated that the project we had conceived, which was supposed to get us quite a bit of gains on wastewater treatment actually didn't produce any gains whatsoever. So, we saved over a million dollars by avoiding those costs and investing in that type of system simply by taking a few months and setting up some jar tests inside the laboratory with our own staff saved the city over a million dollars. So, we are really pleased with that. As you know we continue to also enhance our financial accountability. We conduct monthly and quarterly division reviews across the entire department and we have also been able to post significant improvements in a number of those different divisions. As I mentioned, operationally we have been able to achieve significant improvements over the last four to five years. I will share a little bit more on that as we go. Our capital construction, however, that indices is -- is not as strong this year as it was last year. We are falling behind essentially. We are not able to keep pace under -- on our capital construction program and inspection is also not able to keep pace as well and we will try and touch on that here in just a little bit also. Some of our challenges on the financial indices essentially revolve around project management improvements or capital improvement project performance. This, again, is being able to jump on projects sooner, being able to manage those projects from conception to construction much more efficiently and some of these -- some of the obstacles which prevent us from doing that have to do with process. Essentially what we have been doing as we have been digging more and more is we have found out that there are enormous processes that add significant time and compromise our ability effectively deliver projects on the conceived schedule that we have developed at the start of the year. So, we have to spend a lot more time improving processes, not only within our department and within our division, but between departments. A considerable amount of work still has to be done there. Depreciation although getting better as I mentioned, valuing those assets is important for us, even understanding what those assets are and where they are has been an enormous task. For the last four years we have been working on expanding the asset management program for the department and that has allowed us to track tens of thousands of assets that we didn't even track before. So, this allows us to, then, identify the type of asset, its longevity or life cycle and allows us to preventatively schedule its repair or replacement or maintenance before it breaks. That has allowed us to achieve significant efficiency gains across the department on a number of our infrastructure. So, lastly some of our challenges involving finances is rates. We want to make sure that our operational revenues keep pace with our operational costs and that seems to be forecasted out for the next five years to be fairly stable for us. We are pretty excited about that. But we do know that usage on the water side continues to reduce. If you were in the city ten years ago as a resident your average water consumption was around 14 to 15 thousand gallons per month. Today it's less than 8,000 which means, essentially, you're using less water, which is a Meridian City County Workshop October 8, 2013 Page 8 of 70 wonderful thing, unless you're entire program is based upon a certain consumption of water. So, while we love to see the conservation piece, conservation does impact the overall financial stability of the organization. Now, we don't see anything immediately that throws any concerns to us, but it's something that we have to continue to track to make sure that we are -- have long term stability in the financial capabilities of the organization. And, then, assessments versus rates. You know, we have been operating under a policy that growth pays for growth and that policy has worked well for us and what we see is that when growth surges we get a surge in revenues and that surge in revenues is, then, earmarked for other types of improvements, which takes us some time to get. So, you get this sort of bubble effect where you get a surge in development, a surge in assessment revenues and, than, an expension -- or expending of those revenues over time and you end up with these fluctuations and that's a cycle that we have just gone through with this recession. So, we are seeing again the growth of a lot of those funds as well. So, maintaining -- or keep an eye on that is important for us going forward. Operationally we have got a number of different improvements. Most of these -- or accomplishments (should say -- are just kind of statistical pieces of information. I don't know if you know, but in an -- in an annual year essentially we produce about 3.2 billion gallons of potable water, all without a single violation of the Safe Drinking Water Act. We treated two billion gallons of wastewater in that same time frame and we have produced over 40 million gallons of reclaimed water that was recycled and reused within our own community and which we are pretty proud of. We have added a number of infrastructure lines and appurtenances that go with those lines. We have also developed an asset plan for our water division. As you know we have been doing asset management and inventory characterization on the wastewater side for some time. We have integrated that into water and through our phase one water asset plan have worked diligently to try to get key assets identified and input into the system. That plan should be finished -- phase one should be finished by February of this year, in which case -- after which we will start phase two. We have got tens of thousands of assets that are being added into the system and characterized and inventoried and so on and so forth. It's enormous work and we are doing it with the same resources that we have, you know, before we even started this work. We have made a number of different well improvements to the system. Some of them have been pilots that we have been testing our water treatment with. A number of them have been redrills or test wells or those sorts of things. The collections program, as I mentioned, was a huge operational accomplishment for us, because not only did it save us three million over the same time period, but we have been able to get through the entire collection symptom program in a much -- essentially a third of the time. We did, as you know, make pretreatment fees more equitable, so that that way when developers are bringing on -- or our builders are bringing on system improvements that they are not having to pay for inspections they don't need. There is many cases where a developer or a builder will come in and we have to do a review to determine that, yes, we don't need grease traps and we don't need other sorts of pretreatment types of things and, therefore, if you don't need that why would we charge you the inspection fee. So, we have separated out the inspection fees and the review fees, so that we get a little bit more equitable treatment there and, then, the supplemental specification, as you know, were recently updated. That was no small task. It took us two years to update the Meridian City County Workshop October 8, 2013 Page 9 of 70 supplemental. These are the kinds of projects that plague us, because it takes a lot of time, because they are very detailed and, essentially, we are working with the same resources that we have always had, so we kind of -- we just kind of plug away, you know, month after month after month until we get it done and it takes us a large amount of time at that pace to get those kinds of projects done. Some of the things that we also want to highlight as accomplishments are the wastewater treatment plant, the laboratory, the administration building and the RV dump, call currently on schedule or within a few weeks of being on scheduled. The RV dump, if you have been by lately, is nearing completion. We are excited about that. The wastewater treatment plant lab and admin buildings are all out, essentially, to bid and we hope to have -- we hope to have those numbers back and get some ground broken here in the not too distant future. As you know, the split corridor phase two project we celebrated the ribbon cutting the other day, 33 days done early and I don't know if people know this -- the majority of that project costwise -- or a substantial portion of it was water and sewer system improvement. We spent over two and a half million dollars upgrading the water and sewer systems in and around downtown in concert with ACHD's improvements regarding the split corridor. So, we are pretty excited about that. We did just finish the 8th Street project, despite the fact that you all might recall we had a tragedy in our community regarding one of our residents attacking one of our contractors and a firefighter and so on that was in the news. That did delay the project about a week. But, nevertheless, we were able to get the project completed on time with -- you know, when you consider that and it looks great and our goal is to get it done before the school start and we are pretty darn close. Franklin Road reconstruction, if you have been by there, we have got the final grading done, we have got asphalt being laid as recently as this morning. So, we hope that that will be done here over the next week or so. And, then, our RAS or return activated slug basin denitrification project is also underway and that will help us reduce costly chemical usage and total nitrogen concentrations that help improve phosphorus reductions at the wastewater treatment plant. There is a lot of things going on. We still have some challenges operationally. mentioned one of them and that is standardization of internal and cross-functional processes. This isn't just on the financial side of things; but this is on an operational side. We really need to take some time and figure out a lot of these processes and streamline those processes and get staff trained up on them. While we have been doing a lot of this, you can't imagine how many processes we have in the city to get things done and all of them have a purpose. But we do need to make sure that we can streamline them to the greatest degree that we can. We want to improve our project management capabilities both from a software management standpoint, as well as a staff standpoint. The Boise River TMDL, the total maximum daily load, which has huge implications for the Treasure Valley, is also critical to us and we are playing a lead role in that with DEQ and the Environmental Protection Agency, along with our consultants, because whatever goes into the TMDL is what we are going to get stuck with having to meet through our national pollution discharge elimination system permit, which is the next big challenge. As you know we are next in line with the EPA. It's been 14 years or so since we last talked with them seriously about our wastewater treatment plant permit. They are about ten years overdue from our last permit update and we are told that they will have our permit fully updated and in effect next year -- for a number of years now, Meridian City County Workshop October 8, 2013 Page 10 of 70 but we do have a permit rider and we have had them down from Seattle, along with the associate director from Region Ten EPA. We invited them down as well to take a tour of the treatment plant, see what we have been up to regarding our improvements, both operationally and technologically and infrastructure wise. We have also had leadership from the department of environmental quality come out as well. So, we are gearing up for that work. But that will be a challenge. Likewise, the wastewater treatment plant improvements of which there are many, we have presented to you a five year capital improvement plan, essentially our facility plan for the wastewater treatment plant. We are doing two -- or three or four of the major projects this last year and this year and we will continue for the next several years. The next thing that you will see from us is going to be the maintenance facility at the wastewater treatment plant. So, that's keeping -- keeping the plant running while it's under construction is another challenge for us and it's something we are up to, we have been doing it for about 20 years as the city has grown. Ordinance designed. Our ordinance and design guideline updates are also important. We have a number of ordinances that are antiquated and have actually caused us some trouble over the last year or so. One of them is site tours. The site tour ordinance and in connection shared services and encumbered mains along an operating boundary that we have no easement. So, therefore, we have no access right, unless you have certain authorities that we found out in some cases we thought we had, but don't. So, we have to make improvements along those lines. The design guidelines that we have been working on for some time is a major attempt to consolidate all design guidelines to put them into one document, not necessarily redo all of the guidelines, but, essentially, do a consolidation of many of the guidelines that already exist and continue to update and upgrade those that are needing to be updated. Capital construction and inspection are problematic for us. As I mentioned before, we can't keep pace at the moment. The number of capital projects that we have been working on and the cost and complexity of those projects have surged in the last two years and the same is true for inspection. Now, our inspection program in Public Works -- this is not building inspection, this is utility inspection -- is controlled by not only what we do publicly, but what is done privately. So, we have private inspection, meaning that we have developers that go around and install water and wastewater infrastructure that we end up getting ownership of -- they transfer over to us and so we want to make sure that it's built to the standard that the City of Meridian wants, so that when we operate it and maintain it we are doing so in the best -- getting it in the best shape and that we are financially responsible for this long term stewardship. So, those service levels that we are able to provide, although good, are not adequate for keeping pace with the surge in capital construction and in inspection. But to move to customers, we can talk about a number of different accomplishments. I won't go into great detail here. A lot of this has been shared with you throughout the year, but we did install a refill station along the Borup Trail near Tully Park. Essentially, this has been well received. It was a little bit of money that we were able to set aside to trial the use of tap water, like encouragement of tap water, instead of bottled water. We would like to see an expansion of this. I think we will be bringing that to you. I think, actually, maybe even already asked for that for next year. The Starts At Home animation is something that we have got a lot of favorable comments on in the lower left there. That's been phenomenal. We are in the middle right now of doing the next one and we have got Republic Services helping us Meridian City County Workshop October 8, 2013 Page 11 of 70 out. They will be doing wastewater -- or, excuse me, they will be doing solid waste for us, an animation that shows the Solid Waste Advisory Committee and the City of Meridian and the Republic Services is working on collaboratively, about 10,000 dollars from Republic Services is going into that animation, which we are proud and pleased with. We will also be working on the water animation here in the next couple of months as well, so -- we have also -- we talked about Meridian corridor phase two. Many of you may not have even known that we switched our emergency on-call number over to a new service that is with Streamlined Conversion and allows us much greater access and control of information between the city and our customers. That has been -- that's been a phenomenal transition for us and it's been seamless. If you didn't know about it we have done our job. Roaring Springs -- excuse me. I want to talk a little bit about the winter of 2013. Most of you may recall it was a very difficult winter. We had a number of residential -- residence, homes, and businesses out of water because of frozen pipes. We had over a hundred on-call -- or on-call call requests, meaning overtime requests for service restoration outside normal business hours, which taps our overtime budget for the year, but we were able to get everybody back in line within a reasonable time frame and we had heaters out in those meter pits and we did everything we could to get people up and running and we had a very very good customer response rate on our customer comment cards during that time period as well. So, we are really proud of that and I'm really proud of the water guys for, you know, taking time away from their family in helping our community get water restored. In addition, Roaring Springs is tickled pink, although they didn't get pick water from us this year, they got clear water. They are so happy with the water that we were able to provide them this year. As you know, some of our wells are plaqued with iron and manganese and we do what we can to try to keep those -- those constituents down in the system. This year we were able to shut some systems off because of our pressure zone and feed from much better quality water from much better wells and so we have placed a couple calls back and forth and coordinated the whole thing and orchestrated the delivery of some really great quality water and they were just tickled pink about that. And, then, the consumer confidence report, which is, essentially, our water quality report, as you know for the last couple of years we have been updating and upgrading that. We did receive an Association of Idaho Cities award for the quality and educational components of that particular CC&R. You may recall the old CC&R was a mimeographed single sheet of paper, double sided, and it gave you what the numbers were. Now our education campaign has got, essentially, a really nice web press booklet with a number of different activities and educational components to it that we have been able to produce at a lower cost. So, we are very pleased with that. We continue to provide leadership by awarding environmental excellence awards throughout the community recognizing the good deeds of businesses. We gave several of those out this year. We have done a number of different community educational outreaches. We have touched over -- close to a thousand people throughout our community with our different community education events. That doesn't include the Public Works Week. As you know one of our signature outreach events. This year we estimate about 700 or so -- 800 different folks that came out for Public Works Week Expo and that doesn't include the other different activities, like the tour -- the facility tour or the golf scramble and those other things. Whereby, as you know, we raised 5,000 dollars for the Meridian Food Bank. We gave right back to Meridian City County Workshop October 8, 2013 Page 12 of 70 them. In addition to several hundred pounds of canned food for them. So, that fundraising is important to the 25 staff and the department as well. Some of our challenges our customerwise include source water quality improvements. Trying to dial into water quality improvements has been a challenge for us and we are up to the task, but we are going slow and we want to make sure that the improvements we make are going to be lasting improvements and are good -- and that we are being good financial stewards of the resources we are using to bring about those improvements. The wastewater system odor control project is -- we are trying to get a little bit more steam behind that. As you know it's got a couple developments now. Very near the wastewater treatment plant. And despite the fact that we have done what we could zoningwise to preserve and protect the area around the wastewater water treatment plant, the areas that did not have the industrial zoning are getting residential developments in and, of course, we can't control where the wind blows. So, we do have some challenges there as we try to get those odor improvement projects turned more quickly. Communications. Also a challenge for us. We do -- we do engineering and operations, we are not communications people. So, it's been nice to have Natalie join the city and we have been using a lot of her time. Unfortunately, we don't get all of her time, so we do still struggle with getting the education and outreach components of our department out. We don't do any social media. We have been doing a little bit on the animation video. Our website is antiquated and actually needs a big overall. But those are the kinds of things that, you know, essentially we are not all that versed on. As you know, the Meridian Heights Water and Sewer District we have been working with, signed the agreement last week. This is going to be an operational challenge for us, bringing on about a thousand new residents or about 300 new accounts and providing them both water and sewer and getting them transitioned into the city, again, if they choose at the November ballot to come into the City of Meridian. Of course, if they choose not to do that everything stays the status quo. So, we don't know how that's going to turn out just yet. There are some dig line improvements that are on the way I won't bore you with, except essentially to say that dig line has been a challenge for us on two fronts. One, keeping pace with a number of big line tickets has been a real challenge for us. We are now up to about 500 dig line tickets per month, which is -- which is enormous for one staff person to try to handle in one month's time. So, you do the math. Thirty days, 500 tickets -- we just can't keep pace with that. In addition, we have some legislative changes to dig line, which may further complicate our ability to keep pace on that front. But we don't know how that's going to shake out just yet. And, then, customer care database. We are trying to develop a database where we track concerns from different customers and, then, GPS those concerns into different areas to allow us to better respond predictably to particular concerns that the community might have. For example, brown water quality and other sorts of calls are things that are the kind data we want to track, so that we can be more prescriptive about where we focus our time and attention on the improvement front in keeping customers happy. The next section is on employees and this has been a struggle for us. We are having -- this is probably an area that we need to spend considerably more time on on a number of different fronts. We do have several accomplishments we want to share with you. Number one, we did do a citywide employee satisfaction survey this year. We did that citywide. Public Works did participate in that. But we took it a step further in the Public Meridian City County Workshop October 8, 2013 Page 13 of 70 Works Department by providing a supplemental survey, such as staff were asked to fill out. It asked other questions, which we wanted to get at identifying satisfaction -- job satisfaction and personal and professional growth and a number of different fronts. So, we did do the supplemental survey. We did also convene focus groups that came out of the survey to validate the statistical information that we received, as well as to get at root cause analysis for lifestyle says a certain way about certain things. About 22 percent of the entire department were asked to serve as a focus group member. And, then, we had several communications and educational opportunities through that work. That work is still ongoing. We are trying to develop an action plan with division managers on how we are going to approach the employee satisfaction and elevate improvement in certain areas. I will share those results those with you in just a moment. We also provided an employee safety assessment and training this year. We audited the -- the Public Works Department from a safety perspective in all sectors of the department and now we have a whole list of things that we should probably be looking at and be attentive to and is that being -- that is being worked into our overall action plan to elevate the awareness and the safety training of our staff. Some of us participate on the compensation plan committee and I will talk a little bit more about that. Mr. Nary's leadership has been instrumental in helping the committee move forward on those fronts. But the compensation plan committee did have important work that I think is going to positively impact the Public Works Department and I will share -- again, Iwill get to that here in just a minute. We developed also a skill and capability assessment whereby we now are working towards identifying the skills and capabilities of each staff person in the department and, then, identifying where we need their skills and capabilities to do -- or to be, so that we can develop a gap analysis and develop individual training plans, so that we tailor our training and not just give blanket training that people may or may not need or find useful, we wanted to specify the types of training that they need in our organization, so it truly benefits the position and, therefore, the organization. For that reason we have developed also a training tracker database with IT staff. They have been instrumental in helping us put together this tracker database. This helps us track CVUs and also professional credentialing credits and a number of different types of professional credentials. We have been sometimes on the heel or the backside of knowing when we actually need to have certain staff credentials, because we haven't updated with -- or kept track of the credentialing. So, that will help us with that. And, then, the workload analysis -- this is kind of making sure that we have the right resources in the right places in the organization, because that's something we have been focused on as well. A lot of that work has been done, but there is still a little bit more work to do in that area. For award and recognitionwise we have come a long way and we have had a number of different awards that have been bestowed upon the city and our staff I wanted to share with you. Laurelei Ball received the laboratory analysts excellence award and continues to be an outstanding member in our Public Works Department. We had about a quarter of the employee of the year awards go to Public Works staff this year, which was great. We are very excited about that. From a certification standpoint about three percent of the entire Public Works staff credentialed up, which was great. And, then, from a Public Works award or a recognition standpoint, we have nearly half of our entire department recognized for good works over this last year. Many from a team perspective and many from an individual perspective as well. Meridian City County Workshop October 8, 2013 Page 14 of 70 So, we are doing better I think in recognizing staff and trying to reward them appropriately, but there is still a lot more we could be doing. In-house wise from a promotional perspective we have had about ten percent of our staff in the Public Works Department move up or be promoted, which is a great number. I don't even think many in our own department are aware at how often we do look at staff internally. So, that -- we are pretty pleased with that number, too. Ten percent moving up into higher level positions is a great number for us. It's probably the highest it's been in five years. But there are a number of challenges that we are up against on the employee front. Many of them have to do with talent management. Recruitment, retention, discussion planning, are all areas that we need to work and spend more time on. It takes us an average of about six months to hire somebody once we have an available vacancy. A lot of this is process driven. A lot of it is just finding the right person. We still have positions that have been open for eight or ten months that we just can't find the right person and we are not trying to be too picky, but we definitely want to make sure that if we hire the right person that that person will be happy and stick around and that we don't have to fill that position in year or two or three later. Retention. We have a ten percent turnover rate in the Public Works Department. Some of this is voluntary and some of it's involuntary. I won't go into that level of detail at this point. Other than to say that that retention number is higher than we would like to see it. We like to see it more in line between four and five percent. So, we'd like to cut that in half. But there is a lot of work that goes into lowering that number. For example, training and performance evaluation and coaching and mentoring and those sorts of things. Things that we are just -- we just are finding that we have two little time to spend on, but that we know is very very important for the success our staff. Succession planning in our department is essentially inadequate, although I did share with you the fact that we have a ten percent in-house promotion rate, I can't tell you that it's ten percent because of anything we necessarily did on our own as a department leadership. It just happened to work out that way and -- and I wish I wasn't saying that to you, but that is the case. Also workforce development, whether it's -- I mean we have improved quite a bit on training, but as far as our performance improvements go, that's all we do. We send people off to training, they go get trained, and we expect them to come back and be smarter and brighter and more assertive and we don't really follow up. I mean we are not -- we are not spending the time to circle around, because there isn't enough time to do that. We are still focused on the day to day. So, it's been a challenge for us. Employee safety with our audit has identified that there are a number of things we need to work on. I'm pleased to say that about 99 percent or 98 percent of the entire department has gone through the eight hour OSHA safety training course in the last month and a half. We have two more hours to receive our ten hour certification as a department and we brought in an OSHA trainer to help us with that and we are still trying to be very attentive to improving that -- the overall safety and health of our department. So, we need to implement the safety audit findings. That's going to be a challenge for us. And we need to modify our safety training program and staff and also get into better coordination of the various types of training that we need to bring in- house. The employee satisfaction. This is an area that I mentioned I was going to save a couple of statistics for you. Employee satisfaction is waning in the department. I will tell you that. It's waning for a number of different reasons. Essentially when we did our Meridian City County Workshop October 8, 2013 Page 15 of 70 Public Works survey and -- supplemental survey I should say -- we found out there were a couple of teams departmentwide that were -- that are challenging us as a department and those things include essentially pay and benefits, no opportunity for advancement and the feeling that there are several manage challenges -- that managers don't have the time and in some cases even the skills to manage. That's been a challenge for us, because we really -- we need to rely on our management staff to oversee our technical, administrative, and professional and operational staff to make sure that things are getting done when they need to get done in the way that they need to be done. Then as I mentioned, the -- or I don't think I did mention. That workload was stress and the work live balance is also a challenge. If you look at the way the department is going and what's happening in and around our community, every single matrix is on the way up, whether it is essentially number of projects or if it is number of assessment or type of assessment or water accounts or sewer accounts or building permits or whatever it is, all our indices are going up. In the last five years alone the number of water and sewer accounts added to this department has grown by almost 19 percent. The number of staff have grown at less then five. So, even though those aren't aone-to-one comparison, I just throw that out to show you that in certain areas of our department we are struggling and that struggle has created, essentially, an enormous amount of stress for certain members of the Public Works Department. In fact, our survey, I'm sad to report, did show that, essentially -- let me make sure I get the number for you. It's, essentially, as high as 50 percent of some divisions felt extremely overwhelmed in the department, unable to keep up, and that they felt that the organization was understaffed and that it's too lean and that the current workload is not sustainable with the resources that we have. Those are comments straight out of our supplemental survey. So, we are trying to remedy this. This problem isn't widespread, but it is certainly a challenge in certain areas of our organization. So, that's going to be a challenge for us as we move forward. As you know, the Public Works Department has focused extensively on improving its efficiency over the last four years. You don't get a 20 percent improvement over four years in your personnel, operations, and maintenance components sectors of your organization without really spending some time there turning over every rock and grabbing every low hanging fruit you can. But we have grabbed almost all the low hanging fruit we can and, unfortunately, I'm sad to say that as we have improved our efficiencies we have compromised, we will be able to do more -- more quantity of work, but as that quantity of work increases the quality of our work is sometimes challenged. As you know overachievement in efficiency can lead to errors or mistakes or omissions and ultimately can increase an organizational -- organizations risk and liability and not to mention undermine the very efficiencies gained by necessitating rework and we are doing a lot of rework in certain areas of our department. We are doing things over and we are redoing them at a greater pace than they should be, because we haven't -- we haven't the time to do them right the first time. So, I'm just saying you can do it right the first time or you can do it over and we find, unfortunately, in many cases we are doing it over more than we like to see. But the problem that we have is easily solvable. Although we do have enormous work, we do have resources in the department. We are not resources constrained from a financial standpoint. We are not constrained from a work standpoint. There is plenty of projects. We are constrained from a staffing standpoint. So, what we need to do is we need to, Meridian City County Workshop October 8, 2013 Page 16 of 70 essentially, balance those resources, so that our financial resources, the work required of our staff and our staff are all on par and that's what our challenge is over this next -- next year. So, the last area of strategy -- and I will go through this pretty quickly. Our accomplishments in the strategy score card, essentially, are improved long-term emphasis with regard to planning. The SKADA master plan, the five year CIP plans, and even after predicting out ten years from a capital standpoint are all important characteristics of getting ahead of growth and have focused on these types of plans and we really haven't focused a whole lot on the staffing plans that need to go with that. Five year rate forecasting, we are still continuing to do that. We continue to look in good shape on that front. Our strategic plan for Public Works has been updated this year. I'm pleased to report that about 25 percent of all the objectives that we set out to achieve have been achieved and 50 percent are in process. We are a little bit further behind than we wanted to be, but we are still making good progress there. Well, we did get called in to do a water shortage contingency plan on short notice this year. I want to appreciate the leadership of our liaison Charlie Rountree for helping us through that, giving us a lot of insights and input to the improvements of the water shortage contingency plan. That's been very good. We were luck -- fortunate this year that, essentially, the day we asked people to voluntarily assist us in reducing their water consumption for the month of September, the skies didn't part, they did the opposite, and it started to rain and get cold. So, we are fortunate from that perspective and we have seen essentially no impacts in the water system as a result. We did take a lot of conscious effort. We worked with the Fire Department, the Parks Department, and a number of other departments to curb water use, which I want to thank them for their assistance in that. All of that helps. Our national pollution discharge elimination system permitting and strategy meetings have been going well. We have been able to get time with leadership at EPA, as well as DEQ and I think that's making a significant difference in the way they look at our program and our projects and our services from a wastewater perspective. I have been told by the associate director that she will do her very best to make sure that our reclaimed water program isn't compromised with this new permit and that's very important to us as you know. So, I appreciate that. Without those kinds of strategic opportunistic meetings and conversations you kind of get what you're stuck with. So, we are being very active on that front. And as you know, we have done quite a bit of proactive legislative work. We have kind of been a silent leader, but we have gained a lot of respect by a number of different organizations in and around the state with regard to our legislative work. We still need to continue focusing strategically on a number of different areas. Our water asset management plan, which talked about finishing phase one and getting to phase two, so that we can get all of our water assets incorporated into the system, tracked, monitored and, then, eventually scheduled for either repair or replacement or upgrade. Boise River outfall relocation and repair. We have been trying to upgrade the outfall that we have for the Boise River to give us the flexibility that we may need in the event that we are pushed to the Boise River outfall. As you know, all of our discharge goes to Five Mile Creek at the moment. So, we have been -- we have got to focus on doing those kind of upgrades. The encumbered means and shared sewer services, you know, getting mains out of people's backyards and getting them into easements or into right of ways where we have access to them, getting the shared services, issues, particularly in downtown fixed, Meridian City County Workshop October 8, 2013 Page 17 of 70 so that we have access and we can actually serve properties better is important for us. When you have shared services and one person doesn't take care of their system and backs up the neighbor's services, that creates a problem for us in the overall system management. Establishing new Council relationships, it's going to be important for us. We are going to get, you know, three new Council members this year, possibly more, and we want to make sure that we spend time with our new Council members and we update them and educate them on what we are doing in Public Works and that's going to be a considerable effort I'm sure not just on myself and my leadership team, but by many other departments throughout the city. Legislatively we still have a lot of work to do. That's sort of a bunch of work that's important, but just turns every year and the legislative calendar for us keeps getting longer and longer. It used to be that we would only work during the legislative season, now we are working with it further to get to further out ahead on certain legislative issues. So, that's important. South Meridian planning. That's critical. Figuring out how we are going to plan and service the south Meridian area with the city of Kuna and the Ada County all sort. of working together. That's something we still have to continue to work on. Reuse program expansion. As you know we would like to get to the golf course as soon as we can, but we just don't feel comfortable exacting the resources to get there until the EPA gives us the go ahead that the reclaimed water program won't be compromised in our new permit. So, we are working really hard on that one. And, then, our strategic plan progress, we want to make sure that we continue to be diligent about the improvement strategically that we are doing to move the department forward. So, other areas that we want to focus on is improving our services. We'd like to move to a flex net reading system. We are still waiting for the technology to sort of catch up and be -- be something that is as useful as we hope it would be. This is automatic meter reading, if you will. City wide irrigation system. We have got a project underway right now to evaluate whether or not it makes sense for us to move to a system like the city of Nampa has where we have our own irrigation systems that we partner with Nampa-Meridian and Settlers on. Water treatment for the potable water side continue to be something that's important for us and getting the wells that have the most iron and manganese in them some treatment, so that we can reduce those concentrations in the lines and reduced ground water is important for us. Community awareness. I won't list all of those things, but, essentially, we really want to continue to step it up in our community awareness efforts. We have done a lot of great things, but there is so much more to do. Finally, I think some people know what Public Works is and that's exciting for us. We want to make sure a lot more know what it is and know what it's about and what it means to them and ultimately help get -- gain their support for the things that we do in our community that truly impact the quality of life of every single resident in our community. And, then, finally, giving back to our community, we continue to partner with the Meridian Food Bank. We value that partnership and we value the leadership there to give back to our -- our own record in our own community and so we are very -- we are very excited to continue our efforts that way and I want to thank the staff for their time and effort on doing just that. So, that's it for now. I mean we could go and on. I'm sure you know that. There is a lot to cover. It's a big department. But I did want to give you the highlights and I will stand for any questions that you might have. Meridian City County Workshop October 8, 2013 Page 18 of 70 De Weerd: Thank you, Tom. Council, any questions? Bird: I have none. Just a very nice report, Tom. Appreciate it. Rountree: Madam Mayor, no questions. Tom, again, an outstanding report. All of the challenges aside, you guys have made major accomplishments and -- and efficiencies in the department that have really benefited all of us and our community and I appreciate that and I thank you all out there in the audience, you have done a great job over the years and this past year as well. We did indicate that some of your challenges -- a good share of your challenges are employee based and you and I have talked about that and I think that that's a subject that we need to address, because there are some areas that are critical for the quality of our Public Works facility that we need some extra help in inspections and big line and some of those areas where we need some specific technical folks and we also need to give our managers an opportunity to managed. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I wrote down some comments that you made during -- during your presentation and it's clear there are some -- as Councilman Rountree pointed out, some areas that you need some assistance on in terms of having -- having employee support and whatnot and that's something that we definitely have to work on and I'm assuming will be part of the budget proposal for next year moving forward and looking for opportunities to find ways to make it work in the meantime, which I know you're doing, but it can be tough, but do appreciate the work everyone does, because everyone is doing a good job, but it does add up over time and makes it difficult for folks. Barry: Madam Mayor, if I will, I appreciate Councilman Rountree's comments, as well as Councilman Hoaglun's comments. We -- we have struggled with this. As you know our -- if we have to wait for certain modifications for the budget cycle we are a year out and I don't think in some areas of our organization we can -- we can sustain that kind of wait. Councilman Rountree and I have talked about certain areas of the department where we may want to focus a little bit more quickly on rectifying and he mentioned a few of them. Inspection. Engineering is another. And dig line is another. So, I'm working on a proposal and I'm going to share that with both the Mayor and Councilman Rountree, our liaison, here over the next several weeks to see if we can't accelerate a correction, if you will, in certain areas of the organization and, then, put off those other resources that we might need upcoming to the budget process, which would allow for a little bit more time to study and get comfortable with those particular resources. But I'm afraid that we are not going to be able to wait that long for -- for all the corrections, if you know what I mean. Hoaglun: And, Madam Mayor, Tom, yeah, I would be interested in listening to what options are available out there to rectify the situation sooner as opposed to later. Meridian City County Workshop October 8, 2013 Page 19 of 70 Barry: Great. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just like to say that that area, personnel and in all the areas, appreciate how much you and your staff do the look forward and see what needs to be done. A lot of things that have been identify as needing to be done a long time ago nobody was even looking at. So, when you bring something up that's a-challenge kudos to you and your staff for even recognizing that this is coming and I look forward -- you always manage to come up with some pretty good solutions as well and I look forward to discussing those. But you and your staff are just amazing for being able to look ahead and say here is something we need to plan for and look out for and be ready for, so that helps. Barry: Thank you. De Weerd: Well, certainly there is a lot of information in that presentation. Public Works is a very complex organization and the Enterprise Fund supports itself. We appreciate all the efficiencies and certainly the milestones that you all have been able to accomplish over this last year and it is recognized the number of challenges and constraints that you are operating within. So, certainly kudos to you all. You have got to deal with a couple of high profile projects that did come in under time and certainly at budget. That is a big deal. And I know those 33 days that we were able to open the Meridian Road early meant a lot to the community and certainly the residents and businesses that are along that corridor. So, I know that we recognized three people at the ceremony, but there was a huge team behind all of that. So, hats off to all of you. Tom has been an advocate for the divisions within Public Works and -- and staffing and salary and benefits have been among those and have -- has been talking with Councilman Rountree and myself about what is needed to get you not only the training that he also highlighted, but some relief. We can't measure it only by account growth. We realize that. It's a hard thing to get your arms around. We appreciate the focus groups that spent time to really drill down into what some of those influences are and a plan is being put together to -- to, again, move forward. This Council has worked with all of our departments and really establishing our base of trust in terms of the performance based budgeting that we asked you to do and a lot of that we -- these kind of questions unanswered when you get to the budget hearings. I think that this Council will -- will respond when they get the plan and give you the tools that -- the training and the additional manpower relief that -- that you are hoping for. So, do know that the team that has been trying to digest the feedback that they got from the staff and the focus groups as well, they will bringing something forward and I just appreciate everyone who has put their heads together to -- to look holistically at the departments and making it a climate that you all look forward to coming to work in. It's going to take all of us working together to assure that we do get the resources to you that you need. But we Meridian City County Workshop October 8, 2013 Page 20 of 70 appreciate all of you. We thank you and I think you know -- especially during Public Works Week, but every day when we flush our toilets and turn on the faucet that what you do is valued, appreciated, and probably under recognized in terms of giving you kudos often enough that -- hats off to you, thank you for all you do, and certainly, Tom, thank you for doing this in less than an hour and I didn't count your slides, but we did notice a reduction in that, too. Barry: Great. Thank you. Just for that I'm going to make my next presentation twice as long. No, I appreciate very much your support and your guidance and leadership. You have been a great Council and certainly, Mayor, you have been phenomenal to work with as well and I think that's the reason that our employees, not just in Public Works, but city wide work so darn hard, because we have such great leadership in the city and we all want to play on that team and be a part of it and it's just very rewarding when we can pull off the kinds of fetes that we have been able to pull off, because it's certainly a team achievement. So, we are very grateful for all that you do for us and for your leadership and look forward to counting on that in the future. De Weerd: Thank you. Barry: Thank you. Public Works: Meridian Water Conservation Plan Update De Weerd: Okay. Item 7-B is also under Public Works and, Mollie, it's nice having you here. Mangerich: Thank you. And thank you very much for those kind words to both our leadership and staff. We really appreciate that. So, I am here today to provide an update regarding our Meridian Water Conservation Plan. You haven't heard from us since 2011 when you adopted the plan for us, which we are most grateful. Here is the data. While Tom did say that we are reducing the per capita water usage throughout the City of Meridian, we are experiencing an overall trend upwards in the water demand throughout the city. Since 2011 we have seen a six percent growth in the number of water accounts that we provide service to. Also since 2011 we have seen a daily demand up by one million gallons per day to all of our customers. So, commercial and residential and industrial. We have added two wells to our system and added 70 lines to our all preexisting 400 miles of distribution lines. In the development of our water conservation plan we had a very active working group that identified the categories that you're looking at on your screen in which there are water conservation opportunities that could occur. Following this table of objectives and goals and action plans there was a consistent opinion among the members of this work group that the best conversation actions which could be employed should be conducted through education, outreach, and setting an example through city leadership, rather than developing ordinances or forcing results for customers to reduce consumption. In regards to the actions that we have taken to date for water conservation, one of the things that we have done is we have recently begun a water filter and aquifer conditioning project. Through our water Meridian City County Workshop October 8, 2013 Page 21 of 70 we currently flush an average of 16 to 20 million gallons annually to flush out the manganese and iron, that brown water that is such a nuisance in some of our systems. So, through our water division and engineering folks we are developing a water filter and aquifer conditioning project aimed to reduce that iron and manganese out of our source water. For this project we will pump our higher quality water wells into the distribution system and recharge it back into the aquifer through our high performing wells in the hopes of recovering that water with a better ratio and yield and a higher quality of water as well. Was conservation actions we have also done through our city practices. In fact, most recently -- in fact, this last September -- last month we had the third reading for the adoption of the 2009 Idaho State Plumbing Code, which includes in it the 2009 Uniform Plumbing Code. This has language in it that enhances water efficiency both in plumbing fixtures in both residential and commercial facilities. This will undoubtedly make a change in our water consumption in the future. Activities to date. Also within the conservation plan we have done an extensive amount of education and outreach. This year we are most proud of the community confidence report that our water division pulled out, professionally done, wonderful materials that is entirely readable and also included conservation efforts and source water protection information of this well. All three work together to provide a utility that supplies us clean and ample water. We delivered this year CCR report to over 20,000 people and we are looking at a digital version to include next year. We conducted 17 out reach events and, yes, Tom over 3,600 people that have contact here within our community. From schools to library presentations the larger community events, our environmental division and other staff within our department tried to staff the table when feasible to talk about the services that we provide our rate payers. People are always so interested to learn about our water resources, where it comes from, how to protect it and how to conserve it. As well this year we were very fortunate to receive additional staff support with an administrative assistant to help in both the construction and environmental divisions. She comes packed with a lot of talents and capability has been able to greatly improve the quality of information that's on our website within the environmental division. Incentive items are those that we can, when appropriate, give out to those individuals within our community who show a keen interest in using them. A particular target of our out reach for water conservation items such as hose timers, tower timers and water miser garden nozzles are those who use potable water to use for their irrigation. They have the most to gain by reducing the use of potable water to their irrigation system. Our Class A recycled water plays an essential role in water conservation in our city. Substituting our Class A recycled water for potable is a successful way to conserve water and meet also the pending new requirements while maintaining -- remaining within our wastewater treatment facility capacity and MPDS flow minute. Water -- winter water demand. This is significant. Winter water demand in our city is 148 million gallons per month, while summertime demand is 318 million gallons per month. That summer irrigation activity increases demand by about 179 million gallons per month. By utilizing reclaimed water, such as did within our Ten Mile interchange, has proven to be a remarkable reduction in the use of our potable water in providing those essential services. Our parks department can use up to a quarter million gallons per day at our Heroes Park during the hot summer dry months. Fast Eddy's also irrigates their irrigation and has a total usage for the last one and a half years of over two million gallons of our Class A Meridian City County Workshop October 8, 2013 Page 22 of 70 reclaimed water at their facility. In the Ten Mile interchange we calibrated on those about 16 acres of landscaping about 748,000 gallons of water have been helped to develop that. You know, this year, as Tom said, we had the opportunity to practice to communicate water conservation to our -- our rate users. Late this summer our irrigation districts that serve the Meridian area communicated to us that their water would be shutting off early at the beginning of September. With the help of our director and our engineering Warren Stewart we pulled together a work group and we decided to address this problem and develop a communications plan which Tom alluded to. The crux is is if a large number of homeowners associations who currently receive the inexpensive surface water for their pressurized irrigation chose to convert to our potable water we would have a lot of demand already, as you will see in the next slide, our peak demand areas within our community. It is essential that we remain able to provide peak demand water that diurnal effect that you're seeing in the grass, as well as providing sufficient water to provide for fire services. So, what we did is we developed a water supply contingency plan. We had all the people at the table that needed to be. We recognized that we had about four weeks to communicate some water conservation voluntary efforts to our community in which they would want to probably keep continue irrigating. So, through a letter that Tom Barry put out through our utility billing services, we explained the potential threat to our existing system. We asked for a voluntary reduction in their daily water use. We suggested that alternate day watering occur through our homeowners associations and we asked that people not water during our peak demand time, so that we could still provide that essential flow to both our existing customer base and demand and also fire suppression. We fielded about 40 calls as a result of that letter with the water conservation tips, coupled with information to our other department, organizations such as our irrigation departments, our school districts, and to other leadership and citizens and so of the 40 phone calls we fielded I would say that all of them ended up in a positive and learning experience. Where does your water come from. Better communication between the homeowners association, their respective property management companies, and the irrigation districts and the departments. So, look forward to this next year. We will be growing ordinances that will mature and support our water contingency plan. We have a tiered approach to that and we will be ready coming into a potentially nondrought season next year, but you never know. Looking forward -- I think I passed one. Into the future we are looking at exploring some collaboration with Idaho -- with United Water of Idaho on collaborating on water supply planning for the region and water resources assessment. We also want to look at considering implementing a pilot project. Many software services are out there that transform our individual account meter reading data into an effective, customized water conservation and customer engagement program. As well this year we are going to be doing graphics animation on our water division and we will be able to address that brown water problem within that animation, as well as protecting our source water and how to conserve both at home at business. Another nugget of information that came out as a result of fielding our calls is that for the most part people do not recognize where we receive our drinking water from and how that differs from the surface water that provides the pressurized irrigation. We will be developing educational materials, table top displays, and such and probably integrating into our interpretive center at our wastewater treatment facility, so that we develop a higher level Meridian City County Workshop October 8, 2013 Page 23 of 70 of literacy about the water resources that we do have within this wonderful Treasure Valley. We also have within our approved water conservation plan ahalf-time person that we will look to the fiscal school year as to when it would be appropriate to develop that additional resource staffing within our department. This concludes my presentation. If there is any questions I would be happy to answer them. De Weerd: Thank you, Mollie. Mangerich: You're welcome De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I thank you very much for that report. Very enlightening and very positive. The preparation for the irrigation provider around to shut their system off I thought was excellent foresight and the materials that were sent out I thought were very helpful. Do we have any knowledge of once people were starting to use our potable water for their subdivision irrigation did we -- did we get enough cooperation out of the general public and how close did we come to having low water pressures on -- Mangerich: Well, I can let Dennis respond to the actual physical demand if there were charges, but to answer your question about cooperation other stakeholders, actually, will say that Nampa-Meridian Irrigation District communicated very well to our surface water administrator to let us know when homeowners associations would be contacting the water division to be able to switch. So, we had a good sense of communication of how many. I think there was about 12 that converted that we know of to potable. As to demand -- effect on demand -- Teller: Madam Mayor, Councilman Zaremba, our affect this year that we noticed were little to none. We were completely prepared, everyone coming into work, checking our services and our demand and luckily with the rain and the weather that we got everything was checked out as normal and all is well. De Weerd: Yeah. I was going to say that God stepped in. Zaremba: Well, actually, I was going to make a second remark about that and that is to appreciate the cooperation not only among divisions within Public Works, but departments throughout the city. My understanding is that when we had the torrential rains for a short while there we were at risk of exceeding our permit for wastewater treatment and let me say before anybody gets upset about that, our permit is, like Tom said, 12 or 14 years old and we have probably doubled the capacity that our permit allows us to use. So, it's never an issue of whether the wastewater treatment plant is overwhelmed and unsafe, it's -- it's a paperwork problem if we exceed what our permit Meridian City County Workshop October 8, 2013 Page 24 of 70 said we could do ten years ago. But I am aware that when that event happened and when we realized that we were going to be coming close to exceeding that permit when the other departments like the parts department jumped in and I understand there were people at wastewater treatment there 24 hours a day and Parks Department there 24 hours a day and maybe the Fire Department and other people, that were drawing off reclaimed water and putting as much of it on the parks as they could without flooding the parks and helping us manage those limits and a lot of people put a lot of work in I think for three or four days straight in several of our departments. I know for sure Parks Department contributed to that and I know Public Works was doing it as well and I just wanted to appreciate the cooperation that went on and the creative thinking about what do we do with all this extra water. It's going to -- going to cause a legal problem, not a safety problem necessarily, but a legal problem and all the cooperation that went on to avoid that I just want to thank everybody for. Teller: Yes. Thank you for that recognition. It was definitely a combined effort and my hat's off to Tracy and his team, because that was a hard time and just something we can't control. So, I know that parks and water and everyone stepped up to do what we could and thank you for that. Zaremba: Thanks. Mangerich: And also staff at our wastewater treatment department they did -- they were there at 4:00 a.m. in the morning and there until late at night and we exceedance, I will underscore your words, Councilman Zaremba, was in paperwork only. Never once did our wastewater treatment plant allow any illicit discharge into our Five Mile Creek. They processed that exactly correctly. They did a fabulous job and my hat's off to the -- the ability of the wastewater treatment plant team. De Weerd: And I would recognize certainly the conservation efforts and being prepared for the potential of what the early cutoff of our pressurized irrigation districts put us in, but also the response of our wastewater treatment plant personnel, our administrators in engineering -- and also in our parks department how -- all hands-on deck, because that was -- that was amajor -- major issue and you did well. So, thank you so much. We appreciate all your efforts. Mangerich: Thank you. C. Parks and Recreation ®epartment: ®iscussion on Future ®og Park De Weerd: Dennis, anything you wanted to add further? Okay. Okay.. Item 7-C is under our Parks Department. Barton: Good afternoon, Mayor and Members of the Council. Bringing forward a dog park discussion this afternoon. As you know, our future -- our current dog park that's located next to the police department will soon be lost to a construction project, so we Meridian City County Workshop October 8, 2013 Page 25 of 70 are bringing forward what we feel are three viable options for discussion. We have listed pros and cons and mapped the different sites and we are looking for some guidance and direction. The current dog park at 1411 East Watertower next to the police department will be lost soon. We don't know exactly when. Even at best this site was almost temporary. It was kind of a victim of its own success in popularity and went through a lot of wear and tear and we reduced hours, so part of this discussion in choosing another site we think is adding to the space of it. You know, we think that this half acre or three-quarters of an acre would be better served if it was in the -- in the three to four acre range, something like that. So, that's kind of what we are looking at. We will just jump right into the -- the sites that we feel are viable options that are on the table for discussion. The first site is out on Cherry Lane. It's where the Lions Club rodeo is and most of the site is currently being farmed and there is some definite pros and cons to this. The pros are really unlimited space. I mean it hasn't been master planned yet. We have a total of 50 acres we could go anywhere from five to ten acres on this site. Actually have a water feature as part of an amenity for dogs. One of the -- one of the pros to this is that it is in a rural area, so as far as a fit we wouldn't be imposing on anybody right now. Some of the cons to this -- and they are -- we feel they are significant and there is currently no infrastructure to the site. Water. Sewer. Parking. Off-site improvements with sidewalks, all that kind of stuff. It's -- .it's still located in the county. The park hasn't been master planned yet. We don't know what the future holds for the remainder of that if a dog park were to go in here and one of the -- one of the drawbacks to this site is it's not centrally located. So, it's on the edge of our area of impact at the moment and, therefore, an inconvenience for people on the other side of town to access. So, some pros, some cons to that site. That's option number one. Option number two is the remainder of the property that's located adjacent to the maintenance facility and, then, again, with this one there is some -- there is some pros and some definite cons. You know, one of the pros, as with the Borup property, there would be no impact to the surrounding neighbor. It's currently located in an industrial area. I don't think the dogs are going to bother any neighbors at this site. Services and off-site improvements are in place. We have -- we have water and sewer brought in that were stubbed over as part of the new maintenance facility construction, sidewalk -- curb, gutter, sidewalk is all in place. Some of the cons. The site -- if you -- if you see there is a remainder of almost two and a half acres, but we would -- we would require that a landscape buffer be put around -- around this area if it were fenced off, even though it's a park we would add some fencing to it and the setbacks I think are in the 15 to 20 foot range around Lanark and -- both Locust Grove and Lanark. So, that in itself is going to reduce the amount of available space on this site. One of the other cons is we are still -- there has been some discussion about locating a field house on this area of this property and some of the infrastructure that was added in was added in with the -- with the idea that the field house could potentially end up here. So, a dog park would -- would eliminate that possibility. I mean it would, you know, just kind of -- it complicates the discussion a little bit. It could become temporary and, then, move when the field house goes in and we are not really sure how that plays into it and, then, one of the other ones is just lack of available parking. There is some parking on street and we would have to add some parking places to that. So, option number two. Definitely some pros and cons with that that stand out. The third option -- and we feel that this is Meridian City County Workshop October 8, 2013 Page 26 of 70 a preferred option -- is the undeveloped portion of Storey Park. With this there is -- there is some pros and cons that go along with this portion. The pros -- and we feel that it would be appropriate use with -- with no impact to the surrounding neighborhood. There is a component to all of this and it's the land swap that's -- that we are currently negotiating with the Meridian dairy show board and the speedway to gain access out onto Watertower. If we go back to the map. We currently own the upper portion of the land all the way to the edge of the speedway. So, in this -- in these negotiations we would draw a line from the middle of the existing parking lot and be able to add parking down and access Watertower Road to the south. So, what's left of that is what we consider an awkward shaped piece of land. It's not -- it's not big enough to locate another softball field on or a soccer field, it's just kind of a park space. So, the dog park could be a good use of that awkward piece of land. There is some infrastructure in place. There is parking. There is restroom facilities. We feel that it's the appropriate size. It's about three to four acres. It would be walkable from downtown and the construction documents are in -- we have that in this year's budget to both finish master planning the remaining portion of the park and do the construction documents for whatever that park is. Parking lot irrigation system. Whatever use is determined best for that. We have that in this year's budget. The pros to this site -- I think I minimized it. There we go. The cons -- the cons to this -- there would be some conflicts with the existing softball field. De Weerd: They just wouldn't get their softballs back. Zaremba: With teeth marks in them. Barton: They would play fetch. You know, that -- I think we can solve that with some netting. I have seen that in other -- where softball fields have been located and kind of squeezed into places without a lot of buffer. The site couldn't be developed until the year 2015. We currently have Storey Park development in our CIP for 2016. There is some Borup funding in our CIP for 2015. It would be fairly easy to just switch those. So, it can be moved forward with Storey Park development to 2015, but that's about as soon as we could get that project started. One of the biggest cons right now is that we don't own that piece of land yet. We are in negotiations with the speedway to get that and where we stand is we have an agreement in principle on what we -- what we would be swapping, how much it would -- what the financial implications of that swap are. Part of this -- this trade involves a land and water conservation grant. So, it had to go through -- it has to go through three approval processes. One of them is state parks. The other one went to the state historical preservation office for an approval and, then, to -- to the National Parks Service for approval. We have the first two approvals and we have got over those hurdles and they have taken it to national parks and we are waiting for a response from national parks. They are currently not at work right now, so -- Zaremba: They are closed. Barton: We are kind of -- we are in that boat. But once we get that -- and we feel that it is -- it's going to happen. We -- the first two are key. You know, that third approval Meridian City County Workshop October 8, 2013 Page 27 of 70 process would just finalize it. So, we don't own the land yet, but we feel that we are making great strides and we are getting -- we are getting close and hope to have that done soon, but we -- it's on a desk somewhere. With that I will stand for questions and discussion and, hopefully, direction. De Weerd: Thank you, Mike. Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mike, I think the logical for -- the questions is do we need it and the little or small cost -- the area in front of the new maintenance building, we could get some chain link fence and put around there and throw some grass seed in as we have already got some -- I don't know whether it's weeds or not. As long as it don't have goat heads or cockleburs in it and get our chain link around it, I don't know why we have to have a buffer around it. We don't have a buffer around the existing dog park and everybody seems to be satisfied with that and I think that's our cheapest and best way right now. If we want to get a permanent one after this over at Storey Park in 2016 or whenever we can, that's something else, but some chain -- we can always take the chain link back down if we don't cement it in and take it and use it over there. But I think right now for moving -- and we are not -- we are talking maybe a quarter mile farther from the existing dog park and the property you're talking about down there by Storey Park, it just seems dollar wise and sense -- and common sense that that field's just sitting there and I'd lot sooner see dogs running on it than weeds growing up. De Weerd: Any other comments? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Yeah. Option two and option three, there is a lot of similarities in terms of what's available. If we can go to the Watertower property in option three. The parking lot that's going to be there on the southwest corner, if you will, when -- when was that going to be planned? I know there was discussions of extending that parking lot out. Is that going to be part of the 2015 proposal if we -- once everything gets worked out or is that kind of farther on down? Barton: Madam Mayor, Councilman Hoaglun. Yeah, the -- that's part of a -- right now in our CIP it's scheduled for 2016, but it could be moved up if we needed to and what we are -- our property line would be like -- this is a drive aisle and, then, it would open up into parking. So, that's more or less the layout of -- of what we would have. Hoaglun: Okay. And also I kind of see if we were to look at this -- I kind of like -- I know you're saving money by utilizing the outfield fence, but it's kind of nice to have a ten foot Meridian City County Workshop October 8, 2013 Page 28 of 70 area where people can walk through, just to access point A to point B, instead of going clear back around to the field and different things like that, but I know that would save a few dollars. Bigger site, three acres, costs more to fence. You do have facilities there. To me it kind of boils down to -- both are good sites, if it's a matter of cost and speed. That's the current site that's going away, you know, which one can we do cost or is it going to be that much -- which one can we do faster and at what cost and -- but both, because of their proximity to one another and their current park, it's kind of a -- kind of a wash. Barton: Madam Mayor, Councilman Hoaglun and for Councilman Bird as well, there is a -- there is a fourth option out there that we didn't want to bring forward, because it would be a temporary solution. We don't have the property owner's permission, but it may be something that we want to pursue and if we are looking for a temporary something that would -- we could put in and, then, move while we are developing a more permanent solution -- the soccer fields that we operate over at Jabil could be a fourth option -- not a permanent one, but -- because we don't own the property, but if we were able to get permission we could pound you know, chain link in that wasn't concreted in and fence off some grass. I mean there -- the con to that is we would lose a soccer field and -- so, just as a -- just one of the -- put that out there for -- Bird: Madam Chair? De Weerd: Mr. Bird. Bird: Madam Mayor. Another thing on this park -- Storey. We have got a lot of site work to do in that property that is one of -- the tradable park property. There is a lot of site work. The one over in front of the maintenance depot -- parking -- I drive by there quite a bit and I don't think I have seen over three cars in our parking lot in front of the building at a time. But I think we could get by temporarily. Your fourth option -- man, if you got that past the owner I would buy our lunch. Hoaglun: Madam Mayor, you know, some folks might be thinking why not the field house eventually at this -- at the Storey Park property. There is a lateral that runs through there, if I'm not mistaken and does limit us -- limit us on what we can build on that property. De Weerd: Any other comments from Council? Rountree: I have none. De Weerd: So, preferences on what you would like to see staff bring back. Hoaglun: Madam Mayor, do we have a name for this bark park yet? De Weerd: I think we have all named it. Meridian City County Workshop October 8, 2013 Page 29 of 70 Hoaglun: I guess, Madam Mayor, in seriousness, Mike, I'd like to see -- if you look at the two options and say, okay, in going to option two, if there is going to be a future field house I think you could design a parking lot that would maybe be something that's permanent for that as well. I don't know if you can or not. I mean that's something to discuss. Is it doable? Is it not? You know, it might be something we have to rip out. So, to me it just boils down to, well, what are the costs and what are the timing elements between -- between those two properties. So, I think either one would be fine, it's just a matter of cost. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think I agree with -- the Borup property is going to be attractive for an eventual use, but for this purpose is so far off center that it doesn't seem to be the solution to this problem and like Councilman Hoaglun said, forgetting that one, I would like to see kind of a cost comparison between two and three and see what could be done. I can see the reasons for going on the Watertower one as well, if it's not twice as expensive as the other one or some weird thing like that. But to me the next step would be work up some ideas and cost comparison between the two. Barton: Okay. De Weerd: So, Mike, when -- when do you think that you might be able to do that? Barton: Madam Mayor, (believe -- well, the Lanark site next to the maintenance facility we have a concept plan already in place. It needs some revision and a statement of probable cost. The Storey Park site -- good possibility at the next workshop we could bring that in, along with the maintenance facility proposal and probable cost and timing and kind of refine what -- what it means. We can check into setbacks and, you know, what do we do with restrooms at the Lanark facility and, you know, some more -- refine the details and bring them back -- bring them back to you and -- and go forward. De Weerd: Okay. So, next workshop in November. Very good. Okay. Anything else from Council? Rountree: I have none. ®. Community ®evelopment: Transportation Update on Projects, Plans and Programs -Includes Report on Parklet Project, ®owntown Street Cross-Section tVlaster Plan, Meridian Road Interchange Rebuild Project, and Other Transportation Projects De Weerd: Thank you, Mike. Okay. Item 7-D is under Community Development and will turn this over to Caleb. Meridian City County Workshop October 8, 2013 Page 30 of 70 Hood: Thank you, Madam Mayor. Brian McClure is actually going to go first. We are going to tag team this. We will try to be brief. You shouldn't allow Tom Barry and my all things transportation on the same agenda. That's not a good idea. But we will try to be fairly brief. There are a couple of projects I want to talk about and some things that recently transpired with some projects. So, again, I will let Brian go first if he's ready and as I pull up the PowerPoint. Bird: Are you going to talk about a dog park? McClure: Likely no. Madam Mayor, Members of the Council, I have a couple updates on a few downtown projects for you today. The first one is -- the first one is the city core downtown cross-section master plan. As a reminder, this is kind of the planning area for that plan. There is also some considerations in this plan for the entryway corridors into downtown, including Main Street and Pine. The objective of this cross-section plan is to create and preserve for connectivity in downtown, to unify all of the other related plans and add some more detail to them. And this plan includes Destination Downtown, the East 3rd Street extension, our pathway master plan and, then, the streetscape design guidelines. And, then, to clearly identify expectations with redevelopment and, finally, to support long range collaborative implementation. I won't go into details of the whole plan, but I would like to touch on two examples. The first one here is for East 3rd Street. It's a very standard cross-section, a slice on the pathway you see on the left there. The idea being here that we have a pathway on Main Street from the interchange all the way up to Franklin Road. We will soon have pathway improvements crossing the interchange in that bridge project, but we do not have anything connecting to downtown or through downtown and so this pathway that you see here would do that. As a side note, we do not have bike lanes on Meridian Road or on Main Street. The second cross-section you see here is for Idaho Avenue between Main and East 3rd Street. This is not a typical cross-section. This is very atypical. What you see here is curbless, for example. The idea here is to create greater vibrancy and to better support elements which create more visibility and draw into downtown. This would not only increase visibility of businesses through there, but it would also increase certain areas and, actually, it provides for more parking than what's currently there. This could also be done with curbs, but that kind of detracts from this, so curbs are kind of like a raised striping and when we provide those cars seem like they have a priority there and they typically go faster. The one note on this -- and one of the reasons why this was a collaborative effort and why it's kind of a long range effort is to get something like this wouldn't be cheap if we do it. And these are all currently draft. We had an open house on the 30th. We sent out several hundred post cards to every stakeholder in the area. Not only did we include the property owners, but we also sent them to all the tenants, businesses and residences. We, unfortunately, did not have the attendance we would have liked. We only had about a dozen people show up. They were generally supportive of the elements they saw there, though there was some questions about some of the details. After the open house I opened up an online comment forum that would be up for the duration of the month. I haven't checked for a couple days, but so far we only had one response and that was also positive. Prior to the open house I did Meridian City County Workshop October 8, 2013 Page 31 of 70 go door to door. I dropped off business cards to a dozen or so identified stakeholders, people that I thought would be interested. I did have some general positive interest when they saw some of the specifics and that's something I'd like to expand on in the future. And that's also one of the next steps. So, we have four next steps we have detailed based on some of the outreach. I wanted to explore multi-purpose infrastructure with ACHD. I had one comment from them regarding that. The image on the right is kind of an example of that. That isn't going to work for a lot of streets in downtown, because we need that space for signing or activities, but we also have more residential space we could do something like that. ACHD is interested -- or at least there is some person pursuing that, so we will talk about that a little bit. And some more targeted outreach. While a lot of plans are based off of the existing plans that have been vetted through the many public processes, there are a couple of atypical cross- sections here and I really would like some better stakeholder support, so I will be trying to find some way to better engage with them and get them more involved. Moving forward, after adoption of this plan, which, by the way, is something we would like, one idea is to kind of test it. A couple of the streets do have alternative parking configurations, so we will be testing that, putting some temporary parking down, see how it works, whether it's worth it, things like that. Looking at priorities for these street sections, while most of them are kind of a slow build thing, they happen as redevelopment occurs, there are opportunities for some of them to actually just happen in mass, so do a whole street block. Where would it occur. How would they occur? What are the needs there. And down the road possibly doing some specific area designs for some of these. So, being ready for when development occurs and when partnerships are available. The second project update is an update on the demonstration project. That is intended principally to draw some awareness of this effort. It kind of expanded into an opportunity to see how businesses like it. Test some ideas. I neglected to get any photos of it that were good photos. So, here is two examples and, then, the original kind of concept for it. De Weerd: I have a good photo. I will let you use it. McClure: Thank you. We had two installations of this. The first one was at Sunrise Cafe and the second one was at Rick's Pressroom. We had originally planned on having a third in front of Corkscrew on Idaho Avenue. The business, however, closed and still has not opened since to my knowledge. Sunrise attendants was okay. The set up and tear down of that was considerable. It was difficult the first time. Set up and tear down at Rick's Pressroom for the subsequent installation was significantly easier and parks had a lot of ideas to set up further. However, attendants was less than par if anything. The weather that weekend was abysmal and Rick's actually has very restricted hours on the weekends, so that would be also one of the lessons learned with this is, you know, the limited duration events can be difficult, so you kind of need a special event and, then, look at doing it for a longer duration. On a side note for this, all those materials, minus the plants, are currently at the parks facility over off of Locust Grove and everything except for the plants, are reusable and can be repurchased if necessary, too. And with that I will stand for questions on one or both of those projects. Meridian City County Workshop October 8, 2013 Page 32 of 70 De Weerd: Thank you, Brian. And we did go by Rick's the Friday they put it out and the wind was blowing about 50 miles an hour, so it just wasn't conducive to dining outside and certainly September is a little bit less predictable in its weather, which was unfortunate, but I think other -- other times to try and use this as another demonstration would be good, particularly if the owners are interested in trying it again. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think you're a hundred percent right. I would like to see it tried again during decent weather, because I think outdoor dining -- if you look at the Pie Hole's roof top, very very popular. I think if the owners come in agreement of it I think it would be very attractive to downtown. But you're always going to have to, you know, work with the weather, but I think it's a very good idea. We just didn't -- we just didn't have the best weekend. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Can you show the picture or graphic, if it was, of the road section of Idaho? I'm concerned about distances there. The space across the current roadway and sidewalk distances wouldn't appear to me to allow that sideways parking or straight in parking or whatever you call it. Have you actually gone out and measured the space that's available there and does this fit into that? McClure: Yes. We have 80 feet of right of way at the street currently -- sorry. Madam Mayor, Councilman Zaremba, the street out there currently is -- there is a very wide roadway out there right now and we would be reducing the size of that roadway to allow for some of these other improvements. Zaremba: So, you wouldn't -- you wouldn't be taking space out of the sidewalk, you would be taking space out of the roadway. McClure: Correct. Yes. Zaremba: Okay. McClure: The sidewalks there are actually significantly larger. Zaremba: Cool. Rountree: Madam Mayor, I agree with what's been said about the timing. Probably June or July would be better. I don't know if you timed it with some event like Dairy Days or something like that, if that's possible. You need to do it when there is going to Meridian City County Workshop October 8, 2013 Page 33 of 70 be people downtown to see if it's even going to be something that attracts folks. It might be chaos during Dairy Days, but it might put something in the back of somebody's mind that, hey, that was kind of neat, I'm going to go down there next weekend and see if it's there. So, it's a matter of exposure. I'd like to see us try it some more. Bird: Madam Mayor? On the Idaho Street there, if I remember right prior to -- and some of you guys can help me, but prior to '91 or '92 when they did that LID we had -- Idaho Street was parallel parking on both sides and I don't think they have added -- they have added a little bit of sidewalk when they put in the trees and stuff, so I think -- I like that idea, Brian, on Idaho Street, I like it very much if it's workable. But we did have parallel parking on both sides until they did that LID; Hoaglun: Madam Mayor. Brian, you mentioned something about possibly just trying some things in the interim and, then, getting feedback. I think sometimes when you show people that we can do this and they actually get to try it out, then, I think they can give you specifics. So, I think it's worth taking a look at and seeing if there is some alternatives you can try out and see if -- what people think and say, hey, we do like that parking -- you know, perpendicular parking or some other item that you want to experiment with and be a pilot project for a time certain that you need to design it for and see what happens. So, I think that's worth pursuing. McClure: Thank you. De Weerd: Thank you, Brian. Hood: Madam Mayor, before I jump into some of the more traditional updates on transportation projects, a little bit on that park lot project. We actually were trying to do some inflations earlier in the year -- not to totally throw ACHD under the bus, but it was -- there was some coordination there that didn't happen in a timely manner and so we had to push it further and further back into September, which, again, was unfortunate. There was some nice weekends earlier in the month. But we certainly will consider that going forward and -- and that's one of our next steps talking with Brian is we need to coordinate with -- with ACHD more, as he mentioned -- doing this takes some time and effort and we are grateful for a parks staff, for their assistance in patting this up, but ACRD is going to also have to sign off on it. If we do this for a special event, a Dairy Days, a week long type thing, we need to have their blessing, because we are in the right of way. So, we need to coordinate that with them as well, so some more work to be done on that. De Weerd: Well, I totally agree and not only that, I think ACHD has been suggesting others look at this, too. I think it's been a positive thing. Hood: I think we can get there. We just -- we haven't had that -- that discussion. We just finished this round up and so we are going to kind of see what our -- our next task is, so -- so, I believe the clerk just provided you with a handout. That is, essentially, a supplement to my memo that you should have in your packet today. I wasn't planning Meridian City County Workshop October 8, 2013 Page 34 of 70 on going through that entire list, but that's everything that's in the hopper for ACRD, either in construction, design, right of way, the various stages of project development. So, I think everything is pretty intuitive as far as the headings of the columns. PM is project manager, so that's the name of the project manager at ACRD. Right of way, obviously, is R-O-W. And construction and priority number. So, that's just -- that's something for you to chew on later if you would like to see all of the overlays and bridges and -- just all the projects, but my memo doesn't go into all of those. But a couple of the more high profile ones that I do want to touch base on real quick -- it came up last week -- is the -- the surplus triangle piece on the south end of the split corridor at the curve, the cross-over. I did talk to a few ACRD staff this week. They are looking at this sidewalk now. When that project was designed the sidewalk was not put in. We had a discussion at that point in time. There was some concerns that a pedestrian can get trapped in there. There is not really a good outlet, but I think the things that the city wanted to do to dress that up with the landscaping that parks is moving forward with and the art piece that was chosen last week, there is some realization now that this is going to be an attractor. So, before it was kind of let's steer people away from this, we won't want to encourage people getting there, because it's kind of in the middle of, you know, a lot traffic and -- but, again, with the -- we are turning it into a little pocket park. think they realized that and are looking at that. So, they haven't made any commitments on putting any sidewalk through, but they are looking at it and they should be here next week, if not the following week to report out on a solution to that issue. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Caleb, driving through there several times now I'm noticing people parking on the north side of that little connector. I don't think that was intended for parking. There is no signage. And, actually, there is a person or individuals that have been parking right there at the -- the end of the curb and it's -- it's not a good situation. You might point that out to ACHD. Hood: I will do that. I also notice that -- if you are -- if you are southbound and you make the turn and head over to Meridian Road, that street is extra wide. So, it feels like you can park there. But, like you said, it's not signed for parking or not parking, but -- Rountree: Well, it's got a strip, but I don't know if -- why the stripe is there. I don't know whether it's for bike or what. But they are parking the other side of the stripe up against the curb. It seems to me there probably ought to be a right-hand turn lane there and a through movement through there, so -- to make it more efficient. Hood: I will talk to them about that. The final point I think on that one -- I mentioned the parks landscaping project, that's full steam ahead and with the change in the past week, think October 15th, this next week, they are going to be out there putting in the Meridian City County Workshop October 8, 2013 Page 35 of 70 landscaping. So, we are trying to coordinate whatever solution ACHD comes up with the landscaping that the parks is getting ready to do, so we don't have to rip it out when it just gets installed or -- we can make sure there is an accommodation there. But think -- I think they can both go forward. Tom already mentioned the Franklin project. They are in his report. I'm not going to touch on that one. Ustick, Locust Grove to Leslie, just wanted to let you know that one is on the 90 day bid list at ACRD. So, 2.5 million dollar project that will be -- be out there on the street here this fall and be going into construction here. So, just a quick highlight on the project. ACHD programming. We talked about in September -- on September 10th at the last workshop the integrated five year work plan draft. There are a couple of comments that the Council made at that meeting. I did draft a letter, the Mayor signed it later that week. The two main comments were, one, do what you can, please, to get ready for the State Highway 16 extension to Chinden and looking at the impact fee to Black Cat, McDermott, and Cherry -- I think there are three. But, basically, those -- those corridors in northwest Meridian. So, a little report -- update on that. I went to the commission work session last week. They did discuss that. They did not make a change to their five year work plan in putting any of the intersections or railroad crossings or roadways, for that matter, into the five year work plan. There was some sentiment that they overreacted a little bit to Ten Mile in preparation of the Ten Mile interchange and they -- they made -- yeah. So, maybe I will just leave it at that. They did direct the staff to -- to do some more modeling and bring some recommendations and some of those modeling numbers to a future work session. I am also meeting with them next Friday to look at some of those numbers and see maybe what they are going to be presenting at the work session first part of next month. So, they do want to be nimble in the future. So, there is some acknowledgement there that there will be an impact, but they aren't ready to put things into their five year work plan just yet to proactively accommodate those before there is a problem. They want to have the problem and, then, be able to react to that quickly and put an interim signal in if they need to. So, that was, basically, the discussion of the commission on that topic. Our other request was to -- our economic development request project, which is a new program over at ACRD, was the East 3rd Street extension and there was some discussion that they had at a previous work session that I wasn't at about concern for the highway district funding those types of projects in urban renewal districts and there is some concern there that there is lost revenue from the district, because the property taxes are capped and so they are -- they are not realizing the full benefit of the property taxes there, so why should they spend money in an area that they don't get to see any of those benefits from. So, there is a little bit of that lost revenue type concern. They did -- they did say, though, that there was concern, though, that the little towns -- Meridian included in that statement -- they didn't see how our urban renewal agencies could pay for a project like this, so there is some recognition there that a three million dollar project -- they -- the urban renewal of our site just wouldn't be able to do it, although again -- and this was -- there was a pretty good discussion and I think probably five different points of view on this, but -- but at the end of the day they did direct their staff to go ahead move forward in design with projects that are in urban renewal areas. So, our 3rd Street project was approved for design in 2014. It has unfunded construction years, but they will go ahead and go through the design process there this next year. I think Garden City had one. Kuna had one. Boise Meridian City County Workshop October 8, 2013 Page 36 of 70 had two. So, it was a pretty good -- if they didn't fund things urban renewal areas they would have all been in Boise, because all of the other cities' requests were also in their urban renewal districts. So, Eagle's, Kuna's -- oh. Yeah. Does Kuna have an urban renewal district? Yeah. De Weerd: They have talked about it. Hood: Yeah. So, maybe there was one in Boise and -- or one in Kuna and the rest for Boise. But, anyways, everyone -- the majority of the projects -- half were in urban renewal areas. So, long story short, there again, they -- there is still some concern there, but they did direct their staff to go into -- into design. They may be looking for some cost share from urban renewal districts on some of those, you know, amenity type things. You know, if you want an extra wide sidewalk or trees, those types of things, but -- De Weerd: Well, Caleb, I think that probably sounds more affordable for our urban renewal district and what might be helpful is that they see what that increment is pertaining to what they would have gotten -- what that figure is. I can't imagine it's very big. Hood: Madam Mayor, there were some examples that Matt provided to them on -- on the -- it was very confusing, though, and Mike Brokaw, their specialist in this wasn't there to explain some of this, so I think there is some misconception and misunderstandings about that. Realizing there isn't some windfall at the end. You know, they have the base revenue from when -- the urban renewal district and, then, the 20 or 25 year horizon. It's not just a windfall all of a sudden. You can still only have a three percent increase in your budget, so even if you were to correct property taxes it just allows everyone else's to go down a little bit that increment. So, anyway, there was some confusion on that. I'm not going to take it upon myself to educate the commission, because I don't understand that fully myself, but Matt did have some things to try to show them -- if this wasn't in an urban renewal area here are the property taxes you would collect versus here it is, so -- and most of them are fairly small increments. But there is still -- I think some of it, quite honestly, was a philosophical stance on some of these districts and if they maybe should even exist and, then, two, should ACRD be doing projects if they are being short changed, if you will, in not -- not collecting the full revenues in those areas. But, again, at the end of the day they directed staff -- there was a majority of the commission that said, okay, we are comfortable with going into the design of these projects, so -- I'm going to move along, because I told you I was going to be brief. Meridian Road interchange real quick. This project should go out to bid before the end of the calendar year. I just wanted to let you know that construction over the Ten Mile Creek -- so, there is two locations there at Meridian Road and, then, I-84, will occur later this fall and into early part of the winter season and, then, the interchange construction will begin in the spring. So, full bore construction March, April type time frame. We do continue to work with ITD staff on the interagency agreement, some of the elements we have talked about before, the bare railing art, some of the coloring, landscaping, those types of things. And do I anticipate later on this month Meridian City County Workshop October 8, 2013 Page 37 of 70 bringing that interagency agreement back to the Council for review, discussion, potential approval. So, just a quick update on that one. And, then, finally, COMPASS has issued a call for projects. The Mayor received a letter from Tony Tisdale here about six weeks ago or so. Not to rehash this, because we talked about it now three, four, five times over -- over the past year. The TAP grant, the Rail With Trails you have authorized us with parks to go forward twice already this past year. One for the arterial roadway crossing grant, which we were successful in receiving and, then, second round to go for about a mile worth of construction of the Rail With Trail project. We were only successful in getting a little over half of that funded this last year in the call for projects and so talking with the transportation commission, the parks department, parks director, Councilman Zaremba, we have -- what we would request today is that you authorize us to go ahead and apply for the remaining portion of what we asked for about six months ago I think it was for the mile of construction. Again, we only got funded for, oh, 60 percent -- 575,000 dollars of the million that we asked for to do that first mile, including the crossing of the roadway there and go after that for construction in FY-19 and PD. So, this is a ways out and I know we have had discussions and there is some concerns about this project and so it wouldn't be spending money to construct anything, because we still have some -- some work to do with Union Pacific, Watco, Operation Lifesaver, getting all those kind of ducks in a row. But these types of projects you asked for the funding years in advance if you're going to be ready to ramp up for construction. So, that's what the request would be. I can go in to more detail, but it is, essentially, the remainder portion of what you all saw, so go ahead and make this request of COMPASS with a 20 percent local match. So, our portion was 200,000 of a million dollar request, 115 of that, again, we have made a soft commitment to in -- in fiscal year '18 and '19, so -- Madam Mayor, with that, that is my transportation update for this month. De Weerd: Thank you, Caleb. Council, any questions? Bird: I have none. Rountree: I have none. Bird: Thanks, Caleb. Legal Department: Three Party Agreement between the City of Meridian, the Meridian Heights Water and Sewer District (MHWSD), and Lee Centers for the Dissolution and Transfer of Assets and Liabilities from MHWSD to the City of Meridian. De Weerd: Thank you. Okay. Item 7-E is -- it says legal. Nary: Looks like me. Madam Mayor, Members of the Council, I apologize I wasn't here last week. You have had a presentation on this Meridian Heights agreement. We do have all of the signatures from all of the parties and now you can all answer the question -- if you were going to write a 75 page contract with three different parties that Meridian City County Workshop October 8, 2013 Page 38 of 70 also includes a category of the annexation you have never done before of this size, how many attorneys do you need to do that. It was seven. So, we have had seven different parties review this. De Weerd: Sounds like the basis of a joke. Nary: Well, Ithink --Ithink we --Ithink we have this agreement as well as we can to cover all of the contingencies that we have been discussing for a number of months. All the parties, again, have signed off on it, so now it's before you. There was one thing that came to my attention that was of concern and with the language that I -- maybe I just need to explain, but I was advised that in page 20, in Section 22-G, what it says is this agreement was drafted with the full participation of all parties. Accordingly, if there is any ambiguity in this agreement it should not be resolved against any particular party, but, rather, should be resolved by a fair reading of the -- of what the agreement was intended. In a legal dispute among -- in a contract if there is a dispute over the clarity or what a particular section of a contract means, rules of construction in the courts require that the courts look at it and construe that -- that particular clause or disagreement against the person who crafted the agreement, figuring that the person who crafts it can always craft it in their favor and so the intent of the court is to look at it and say even if I construed this against you what does this mean. The intent of this language was to say we have had a lot of different people craft this agreement. I didn't write every page of this. We were trying to avoid the circumstance that if there was a dispute that we weren't in a court trying to say, well, don't hold that provision against me, I didn't write that. That attorney wrote that piece, I wrote this one, and we try to fix and mix and match who wrote what. So, the intent was to say if we are in a dispute, judge, read it for what was intended, look at the context of the whole agreement, what were we trying to accomplish here and read it for what it says and don't try to hold any one person accountable like they did the entire thing. So, I think it actually helps us. Ithink it actually makes a better intent, especially because this is such a complicated agreement with a number of different moving parts to it, but I think it's -- I think we have covered the contingency we have discussed as the city. Ithink we have tried to make sure that all of the parties are comfortable with what their responsibilities and requirements are to do. I wish I could sit in front of you and tell you every time there is a hundred percent guarantee nothing is going to fail, but -- I wish I was that good and I'm not, but I do think we have covered all of the contingencies that we could have envisioned that could occur and I think all of the entities are ready to move forward and make their effort to get this completed. Our next task in front of us, if this is approved, is to make sure the people in the area of Meridian Heights and Kentucky Ridge understand how this agreement will actually benefit and the value they are actually getting out of this agreement and how this is going to be of benefit to them, as well as being of our community. Do you have any other questions? De Weerd: Thank you, Mr. Nary. Any questions for Bill? Bird: Madam Mayor? Meridian City County Workshop October 8, 2013 Page 39 of 70 De Weerd: Mr. Bird. Bird: Bill, I take it, then, that you're recommending that we authorize the Mayor to sign this and the Clerk to attest? Nary: Yes. Bird: Okay. De Weerd: Okay. Anything further? I'm sorry that we don't see Mr. Barry here. I did see -- Grant, do you have any comments? I'm sorry. Gordon. Would you like to come forward? Thank you for being here this evening. Hamilton: Well, Madam Mayor and Members of the City Council, as you described this has been a pretty long road and a lot of areas of concern. Three parties, seven lawyers -- Rountree: That explains it. Hamilton: Actually, an excellent agreement I think and really does cover all of the concerns of all of the parties and all of the -- all the peripheral issues that are out there. It seems like everything has been addressed and we approved it last Wednesday in a special meeting and I sincerely hope you also approve it. De Weerd: Thank you very much for being here. Council? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: As I recall, the record from last week would show that we approved it in concept with a couple of conditions and I don't know whether you want me to say it or whether it would be more appropriate for Mr. Nary to say those conditions have been met and satisfactorily so. Nary: Madam Mayor, Members of the Council, yes, all of the discussions from last week -- whatever changes were necessary were done. Mr. Baird would have the final copy that was signed by everybody that states the changes that Council had asked for that we could include. With seven attorneys you're fortunate it's only 75 pages long. Zaremba: Thank you. De Weerd: Okay. Hoaglun: Madam Mayor? Meridian City County Workshop October 8, 2013 Page 40 of 70 De Weerd: Mr. Hoaglun. Hoaglun: I would move that the Mayor be authorized to sign the three party agreement between the City of Meridian, the Meridian Heights Water and Sewer District and the Centers for the dissolution and transfer of assets and liabilities for Meridian Heights Water and Sewer District to the City of Meridian. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-E. Any discussion? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a big thank you to Bill and Tom and to the rest of the staff. This was a major undertaking and they -- they put a lot of time and effort into it. So, thank you for your efforts, Bill. Nary: Thank you. You're welcome. De Weerd: Well -- and I will say that the work will continue with the district and in helping see what -- what their citizens decide they want to do in moving forward with the vote. Okay. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Hamilton, thanks again for being here this -- it was evening. It's no longer an afternoon meeting. F. Police Department: Public Safety Training Facility Design Update De Weerd: Okay. Item 7-F is under our Police Department. Leslie: Madam Mayor, Members of the Council, I didn't understand a word Mr. Nary just said. I have been trying to figure it out still and comprehend what that's all about, but maybe tonight sometime I will catch up with that. I'm here to talk briefly about the training facility and where we are at and how we got where we are at and some guidance I need from you guys tonight. In listening to Tom's presentation a couple things hit home to me. One being staff needs training and seeing similarities in both my department and the fire department and those needs that we need in the future and also Meridian City County Workshop October 8, 2013 -- Page 41 of 70 our ability to train together. For the past eight years the police department has been. -- had the vision of building a training facility. When we first started talking about the facility we were focused on building a shooting facility, because we saw open space for police shooting ranges going away. However, as our discussions with our city leaders, our peers, have progressed, we soon realized that a single purpose training facility did not make sense and our vision changed to building a training facility that would meet the public safety of our community now and into the future. In Meridian our emergency responders and Public Works employees have done a remarkable job at keeping our community safe. As we continue to grow and as our society continues to change, the Meridian Police Department, the Meridian Fire Department, and the Meridian Public Works Department realize that the need and importance of amulti-disciplinary training facility. If there is a large scale emergency in Meridian all three of these departments will need to work together and that means starting training together so we are ready. You are seeing more and more incidents that require interdisciplinary responses in order to keep everyone safe, whether it's a natural disaster, school shooting, or a hazardous material situation, we cannot expect one department to solve that problem alone. Recent conversations with ACHD we talked about training together for floods and had the floods recently. ACRD worked hand in hand with the sheriff's department. They are setting up meetings currently with us to be able to work during our wintertimes where we are working together on roadways that are slick and having to work through that. So, recently met with Tim Morgan of ACRD and we sat down and talked about training strategy where we can work together and participate in those multi-agency training. As we develop our EOP, emergency operations plan, with the fire department and other departments in the city it's obvious to us that working together with not just us, but the Public Works Department, the road department, the police department and fire department is essential. We currently don't train together at all. Limited basis between the fire and police department and bringing in the road department and those other departments is critical for us to be successful. We cannot operate in a vacuum. We have to work as a team and the team has to expand besides just police and fire. It needs to move into those other disciplines that we haven't necessarily thought about as an organization. Right now our population is close to 81,000. In 2015 that number is predicted to be more than 108,000. We are the fastest growing city in Idaho and we realize in order for Meridian to continue to be a great place to live, work, and play, public safety has to evolve into more and more collaborative effort. We need to invest in the city's emergency responders, so they can continue to provide the highest level of safety in Idaho and we think now is the perfect time to make that investment. We have been working with key members of the HSQA and the Ewing Company to start working on that plan and we are getting quite a ways into designing that and getting some possible cost estimations for you guys. One of the things that's came up during that process is that Hunter Lateral which separates our two properties. The current police department, talks about the dog park where it's at, and just west of the dog park there is a lateral. give you guys a map that kind of illustrates where it's at. I'm pretty sure you're all familiar with where that's at. No matter what direction this project goes we need to cover that lateral. It's empty currently. And that's the only time to do it, it's not just the best time, but the only time to do it is when it's empty. There is approximately 330 linear feet of lateral that needs to be tiled. The estimation on that work is around 80,000 Meridian City County Workshop October 8, 2013 Page 42 of 70 dollars. We are currently finishing up the design and cost estimation for all that specific to that lateral. What we are here tonight to ask for is permission to move forward on entering into an agreement with the Nampa-Meridian Irrigation District on tiling that lateral before the March 15th deadline. We have to have that work completed and out of there by the March 15th timeline where they can have that water back and available for their customers. So, that's what I'm here for tonight. De Weerd: And, Council, I will say that you will hear a full presentation in November. Finance right now is trying to put together where we are at with our -- our numbers and so -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Lieutenant, do you have any idea what the cost of that covering the -- Leslie: The covering of the irrigation -- Bird: Tiling the -- Leslie: Yeah. I have both here with me, Bill Garcia from Ewing -- right now our numbers are 80,000. We think we can do it for below that. But 80,000 being the top number on that. Bird: We do have that in the budget? Leslie: We do. Bird: Okay. I would be in favor of getting that done, because we are coming up on some weather and we need to get her done. So, if there is no more, I would make a motion that we proceed with the covering of the Hunter Lateral -- for tiling of the Hunter Lateral for an amount not to exceed 80,000 dollars. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Okay. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Jamie -- or lieutenant. Meridian City County Workshop October 8, 2013 Page 43 of 70 G. Legal ®epartment: Budget Amendment for Purchase of Real Property near City Flall for Future Parking and ®emolition of 15 VU. Broadway Avenue in the Amount of $373,336.00 De Weerd: Okay. Item 7-G is also under our -- is under our Legal Department. Nary: Thank you, Madam Mayor, Members of the Council. You have a budget amendment in your packet. This is in regard to the property transaction across the street. We -- I think it's been forwarded up to the Mayor's office, so I don't know if -- don't have what's in their packet. It doesn't have all the signatures on it, but it has been signed off by my Council liaison, myself, the Finance director and I think it's awaiting the Mayor's signature. De Weerd: It's -- it's already got that. Nary: Oh, great. De Weerd: Somewhere. Nary: Great. So, it is -- the transaction closing is next week. This includes the demolition of the house on the corner, as well as the environmental work that was completed. So, we just want to make sure the funds get transferred prior to the transaction date, which was next Wednesday, therefore, we didn't want to wait until next Tuesday night to do this budget amendment, therefore, cutting that timing a little tight, so -- Bird: Okay. Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, does this amount include the clean up of the demolition site and the filling of that site or making that site less hazardous from the perched parking area to the south -- there is quite a -- Bird: Drop. Rountree: -- quite a drop there. Nary: I don't recall -- Madam Mayor, Members of the Council, Council Member Rountree, I know it's the demolition of the site and grading of the site. I don't know if -- I don't know specifically, I can find that out for you, if that sort of tapers that grading between those two, so there is not a drop off, is that what you're asking? Rountree: Yes. Meridian City County Workshop October 8, 2013 Page 44 of 70 Nary: Yeah. I don't know that for certain, so I will have to verify. I know they are seeking informal bids right now, because it's below the threshold amount needed for the formal bid process, so I will verify that with Purchasing. Rountree: Okay. Just curious. At some point it needs to be done. Nary: Sure. Absolutely. De Weerd: Okay. Any other questions? Rountree: No. De Weerd: Okay. Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the budget amendment for purchase of real property near the City Hall for future parking and demolition of 15 West Broadway Avenue, totaling the amount of 373,336 dollars. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. H. Human Resources: Discussion of City Policy Regarding Use of Nicotine or Tobacco Products De Weerd: Next item, 7-H, is under our human resources. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. In your packet is a proposed policy that we have been discussing both at the wellness team level, as well as the director level for a period of time. We have had a number of occasions over the last few years that are our wellness team has been seeking the -- a desire -- because of wellness concerns of becoming a tobacco free city and a nicotine free city and so we have discussed it last year during the Great American Smoke Out, that's an annual event that's sponsored by the American Cancer Society. It's usually in the fall every year. And the committee basically did ask if we would take that to the directors for Meridian City County Workshop October 8, 2013 Page 45 of 70 consideration and so I did and we have had a number of discussions with departments and the impacts of doing it. There is a lot of positive impacts both from an image standpoint and a health standpoint. There is a -- there is a lot of positive things that I think can be gained from being a tobacco free, nicotine free workforce. It is the wave of the future in the health arena as well. It's a very significant divider partly -- for a number of reasons. There is significant evidence that exists out there that the use of tobacco -- continued long term use of tobacco not only causes a serious health risk related to the tobacco use, but secondary risks as well. I mean the longer term healing. There is a variety of other ailments that are relatable to the long term use of nicotine and tobacco. So, it is -- it does appear from a lot of the research and a lot of information we are receiving -- not just from our vendor, like Blue Cross, but from the general population that this is something that workforces need to consider going forward. We recognize it has an impact on our employees and one of the ways you want to address for that -- one, we have put -- we have made all the departments aware we are doing this and that there -- this is something that's coming at some point and we need to be prepared for that and so they have made a lot of their employees understand that this is coming. Secondarily, we want to put some of our effort with our wellness dollars towards cessation classes. There are some very successful programs out there that have success rates that exceed 75 percent. We would like to offer those opportunities for our employees to, again, prepare them for this type of change. We think that this will, obviously, impact our workforce, but we feel the overall positive impacts outweigh the negative impacts in our workforce. So, we are bringing this forward for your consideration. We don't -- you know, what I told the departments is that my suggestion would be -- we were trying to figure out when would this be appropriate to implement and we wanted some time both for employees to either prepare themselves or to provide some cessation classes and we looked at sort of benchmark dates. Do we do this January 1st of 2014. Do we do it further than that. I don't know that we can get -- the holidays are really tough to do a lot training and things and it's a stressful time of the year for people and sometimes that's maybe not the best time to try to do a lot of different things of this nature. So, we were asking that if we were to implement this policy that we push the date out a little further, whether it be April 1st or June 1st or some -- or May 1st, somewhere a little further in the spring to give us an opportunity to make sure we can get the right classes in place and opportunities for employees to be educated about tobacco use and the long-term effects that it could have on them and, hopefully, we can, you know, get a few more of our employees, if not all of our employees through a cessation program, so that they can be tobacco free. But we do think this is an important step forward for the city as a whole. I'd stand for questions. De Weerd: Thank you, Bill. Any questions for Mr. Nary? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Bill, how long are those classes? Are they eight weeks? Twelve weeks? The cessation classes. Meridian City County Workshop October 8, 2013 Page 46 of 70 Nary: The one I'm thinking of I think is eight weeks. We did a demo of it and we didn't think it would probably be the most effective one, but I do believe it was eight weeks long. Hoaglun: And, Madam Mayor and Bill, one thought is New Years people have a new resolution to get healthy, exercise and that usually last for a little while, but maybe starting it right after that and having -- if it's eight weeks, whatever -- shortly thereafter starting that and, then, implementing the new policy following that period of time. I don't know if that would be March 1 or April 1 or if you want to go into May, but -- Nary: I would think the New Years resolution seems to last about eight weeks, so, hopefully, we can sort of match that up and get people, you know, involved in that, if that's what they would like to do. De Weerd: Thank you. Any further questions? Nary: One other comment, Madam Mayor, Members of the Council. You may have noticed, but I want to make sure the folks that may be listening to this, this includes not just tobacco products and it also includes electronic products that are similar in nature, but have a similar impact on people. So, this includes electronic cigarettes, the vaporizers, and electronic nicotine delivery systems. So, there are other ones out there that have similar concerns from a health standpoint, as well as an image standpoint, and so this does include those as well. So, it's not just for cigarettes only. De Weerd: Yes, nicotine and tobacco. Nary: Yes. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, I -- while nobody believes in this more than I do -- I don't know. I hate to completely -- one part of my mind says it's great, great, great and I think it is great, don't get me wrong -- Nary: I think you need to pull your mike a little closer so it's getting recorded. Bird: I wish nobody ever smoked or anything, but -- or chews or anything else. But we got some employees that work outside and stuff like that and as long as our buildings are smoke free and -- and I have a hard time -- I would -- I don't know. I want to see it go in there, but I -- I hate to tell our workforce that, you know, you have got to go buy a pair of car hops or you got to go do this year or you can't do that and, like I said, nobody Meridian City County Workshop October 8, 2013 Page 47 of 70 -- nobody has paid the price for smoking more than I have and I -- like I said, I wish nobody would ever touch it and the ones that haven't are very fortunate. But I have a hard time telling employees how they can live their lifestyle. As long as they aren't -- as long as we are smoke free and enclosed in our buildings and stuff like that, I have no problem with that. But when -- for instance, if we have a guy out there weed eating or something and he wants to smoke a cigarette, I guess the only one he's damaging is himself and I wish he wouldn't and I realize they are the biggest expense on our insurance bill. I do that. And I appreciate you guys doing this. I don't know how -- I just have a real problem dictating how a person lives his life. I wished he wouldn't, but, you know, my wife and kids wished I hadn't for 40 years, so -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. Mr. Bird, one thing already -- employees that work in our park system cannot smoke in the park anyway. We are already prohibit that. Bird: I know that. Nary: So, they are already prohibited from smoking inside the park anyway. And we did recognize your concern and we did -- we did ponder a number of other ways to address this. We could -- there is nothing that prohibits the city or any employer from not hiring smokers. Ada County has not hired in the sheriff's office anybody who is a tobacco user for almost 30 years. Ada County as a whole has implemented that as a policy countywide. They will not hire employees or tobacco users -- that have used tobacco within the last year. We felt as an entity that that wasn't as far as we wanted to go. We felt during the work hours was an appropriate -- an appropriate level of restriction on our employees. Off work hours, on their own time, in their own homes, on their weekends, on their free time, they are free to do whatever they wish to do. We didn't feel that it was necessary to get to that length of restriction. But we felt during our work time when they are working for the city, that this was a reasonable restriction. There are employees who disagree. I'm not going to say this is a hundred percent, but there have been a number of employees in the various departments -- and some of the departments have done more extensive surveying of their own employees -- there is a significant amount of our employees that really want to do this and I'm not trying to say that just to sell it. They think these people who smoke or use tobacco products in the workplace intrude on them. Bird: And I agree. Nary: So, I mean there are -- there are, again, people who don't prefer it, there are people who are probably more adamantly in favor of it than I am. I do think it's a good policy. We tried to balance between the needs of the individual, as well as the needs of the city and we think we have struck that balance here. But I definitely understand your concern, Mr. Bird, and we have certainly heard that from some employees. Meridian City County Workshop October 8, 2013 Page 48 of 70 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And, Bill, (think -- I think it's a great policy and (think -- I have read through it and it -- I mean it's very good. But I'm just weighing, you know, how -- how far -- how many rules do I want to put on employees or -- if I was the employee how would -- you know, if I'm out there working hard and lunchtime comes and I pull over in my truck and step outside and have a -- want a cigarette or something or -- I mean we have some employees that work 24 or 48 hour shifts. If they want to step off at night or something off the property and have a -- I mean -- Rountree: They can. De Weerd: Well, I think it's -- they shouldn't do it -- do we tell them they can't. I don't know. Hoaglun: Madam Mayor? Bird: It's something I got to weigh. De Weerd: Mr. Hoaglun. Hoaglun: Mr. Nary, can you tell me the process forward for this? Would you be drafting up a resolution for adoption if that's the next steps? Nary: Exactly. Madam Mayor, Members of the Council, Council Member Hoaglun. So, this is a workshop discussion and, obviously, it's not an action item for today. If the direction is we would like time to consider it before we prepare a resolution, that's the normal process to implement a policy and, then, we distribute it citywide to all employees. There is not an urgency to do this and I will be honest with all of you, I think you're going to be facing this at some point, because of the changes in the medical environment out there. So, I think it's going to happen. We felt in the discussions both at the director level and the wellness team, that we wanted to be in front of that. We didn't want to wait until we were somewhat mandated to it by a financial impact. We felt it was a proper step to take anyway. But I understand the impact and the concern. So, we certainly don't have an urgency that it has to be this month or next month. I do think, as Council Member Hoaglun pointed out, January would be a very good time to get cessation classes up and going and active, so employees can participate. That's when people tend to want to do those types of things. I think that would be good to do. But the implementation of the policy or the effective date of it is certainly very flexible. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City County Workshop October 8, 2013 Page 49 of 70 Bird: I would recommend that we bring it forward, the resolution, and I think Councilman Hoaglun brought up a very good point, that January start the classes and stuff and implement this March 1st if passes as a resolution. De Weerd: Well, I -- and I think the directors -- we have been telling staff the beginning of the year, so -- to expect it. Bird: You mean implementing it the first of the year? De Weerd: Uh-huh. Bird: So, we need to get the resolution passed and date certain here this coming month. Nary: I can bring you a resolution either next week or the following week. Bird: That's gives me time to -- Rountree: I'm good with that. Madam Mayor, just a comment. The way I read this it would be a rare occasion when our existing policies and ordinances wouldn't accomplish this new stated policy. I mean our properties typically are smoke free. I assume our vehicles are smoke free and, if not, they should be and this will do that. If folks are having lunch in a restaurant somewhere they are free to go outside the restaurant and smoke by this policy. But if they are working on city property, as you point out, they are prohibited to smoke. So, I think it's -- you're either going to be really crafty or a really remote possibility that you're not going to fall under the purview of one of those existing ordinances and I think this is just a way to firm it up and -- and at some point in time when the acturials say if you have got smokers your insurance policies are going to go up 25 percent, we can say we have a policy against it and we are training our people and giving them an opportunity to stop smoking. So, I think it's probably a beneficial way to go. Bird: Madam Mayor? Rountree: I don't disagree with Mr. Bird's point, though. At what point do we stop -- but to me this is a medical issue, it's a cost issue to not only the city, but the employees ultimately with respect to healthcare and I think it's a legitimate area to -- to look at regulation. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If I recall right, while in parks you can't smoke. There is areas in the parking lot that you're allowed to smoke; am I not right? Meridian City County Workshop October 8, 2013 Page 50 of 70 Rountree: Yes. Bird: So -- and, boy, I don't disagree with anything you say, Charlie. I -- but let's bring it back. I have got -- that would give me a week to think on it. De Weerd: Okay. We will bring that back and have it on our next week agenda. 1. Human Resources: Discussion Regarding City Policy 6.11 - Gifts and Gratuities De Weerd: Item 7-H is with Mr. Nary. Or 7-I. I'm sorry. 7-I. We go on to discuss that one again. Nary: Thank you, Madam Mayor. What you have in the gifts and gratuities policy -- we found a -- kind of an unusual glitch in our policy. The state law, gifts and gratuities for public employees, is very clear and pretty specific and there are criminal penalties for that. Our policy goes a little bit further and it doesn't allow an employee to receive anything in excess of 50 dollars from anybody that's a current vendor of the city. The problem that we have is that occasionally employees will go to some random event that may or may not have anything to do with the city and they may not know anybody who the vendors of the city are and can win a prize that is completely random and yet under our policy, they would be prohibited from taking it. As an example, I went to a conference last week and one of the things they do in a lot of these things is they have door prizes for making sure people show up at different events. So, most of the vendors there were not vendors of the city, but one of them was and only because it happens to be for my department that I knew that, but not everybody knows those things, so when they were drawing that prize I know I couldn't receive it, because I would violate the policy, even though there is no influence that they are buying and there is certainly no benefit they are trying to get in relation to the city and so we felt that we had a recent situation that was very similar where, again, a very random drawing that our employee was chosen technically can't receive it, because it violates this and we felt it was appropriate to bring it to you and to see whether or not we should at least take out things that are -- that's what the exception that's listed below and I would actually suggest that it says noncash prizes, but statements these are cash, but, again, if it's a random drawing that has nothing to do with the person's employment and has no benefit that the vendor is receiving, is truly random or open to the public, we don't think there is an issue of influence or anything else that's inappropriate for an employee and, again, many times our employees wouldn't even know they are violating this policy, because they don't always know who a vendor is on a particular occasion. So, we have asked for you to consider that. If you're comfortable with that we can bring it forward in a resolution next week as well. De Weerd: Okay. Hoaglun: Madam Mayor? Meridian City County Workshop October 8, 2013 Page 51 of 70 De Weerd: Mr. Hoaglun. Hoaglun: Madam Mayor and Bill, you addressed one of my questions I was going to have. It says noncash prizes. I mean if someone is at the Western Idaho Fair and they are picked to participate in one of those cash grab booths and it happens to be a construction company that does business with the city and was a city employee and they come out of that booth and they got 120 dollars, yeah, I think I would want to expand that to cash as well. I mean it doesn't happen very often, but I mean there was no relationship, there was no quid quo pro, there is nothing there that makes it that -- it's just one of those things. Nary: Yes. When we crafted it we were trying to be very cautious, but, again, at this very same conference one of the prizes from our vendor, Lexus, which is our legal research service that we use, their prize was a hundred dollars. So, again, I thought, well, I can't take -- actually take it, but, again, if all the other three things below about them being either random drawing, open to the public, all of them apply, I don't know that what the nature of the prize is really makes any difference. Hoaglun: And, really, when you look at the intent of this this is to prevent vendors coming to city employees, especially decision makers who can -- can be swayed by gifts or gratuities to favor them. In these situations we are trying to craft there is no attempt to favor or persuade or sway and I think as long as we work to meet that intent, then, I think we will be -- we will be fine. De Weerd: Okay. Nary: Okay. I will bring it back next week. J. Legal and Police Department: Active Code Enforcement Discussion De Weerd: Yes. Okay. I guess you can just continue on. Nary: Well, Madam Mayor, Members of the Council, the next item on there is Item J and this is really actually prompted by Council Member Zaremba's question and asked to have this discussion about code enforcement and how code enforcement is done and I don't want to speak for him, because I don't know if Council Member Zaremba wants me to articulate what it is. I think both Lieutenant Overton and I could help drive that discussion if that's what -- but I want to make sure we are answering your question or your concern that you had. Zaremba: Thank you. My question was initiated by a specific event, but I -- what I am looking for is somewhat of a discussion of -- we have quite a few ordinances that get enforced when there is a complaint and aren't enforced the rest of the time and I guess just a general discussion of the value of having such ordinances. I know many of them Meridian City County Workshop October 8, 2013 Page 52 of 70 are useful in allowing us to address complaints, the question is whether or not we ought to be addressing them all the time or not and the specific instance -- I don't know if the case was settled yet. There was a ticket given and I don't know what the resolution of that was, but the specific instance is a nonmovable object -- in this case a boat was in a driveway and apparently has been there for four years before the homeowner got a ticket for having it there and, yes, it is currently against the law to do that and the reason that there was a ticket was that there was a complaint in the neighborhood and code enforcement went out and looked. So, the discussion that I would like to have is -- I can see both sides. I can see the value of having such ordinances, because invariably citizens feel there are things that we ought to be able to do something about and things like this come up -- I can think of specifics -- a specific instance that maybe caused the rule that says you can't have nonmovable things parked in your driveway is probably a fire department issue. How do they respond to a fire in a garage if they can't move things out of the way. I don't know if that's the only reason it's there. But, then, the other side of the question is, well, if it's that serious of a problem why don't we have 500 code enforcement officers employed by the city who are out driving every street every day making sure that something doesn't sit there for four years before we -- we get it. So, the general question is a discussion on what is the value of these laws, how -- how oppressive do we want to be, is it satisfactory that we just respond to complaints, so that, in fact, we can do something if we need to. I'm not sure whether the gentleman who has this issue is here -- yes, he is. I have talked to him earlier today and he said he was going to come. He's done some research around to see what other cities are doing about this, but I -- my question, perhaps before he comes up, is -- and knowing that we don't want so much government that we can enforce all of these all the time, what is the value of having these rules -- and I would say an example I gave is our noise ordinances. The speedway and our parks department out at Kleiner where the band shell is we do monitor those, but all over the city we only respond to complaints and is that okay I guess is my question. De Weerd: Well, I will tell you what, Councilman Zaremba, if you guys want to give us a hundred more officers we could probably enforce every single code this city has. Zaremba: Well -- and I don't think anybody wants that much government or to pay for it. De Weerd: You did ask a question and I think it's an order of importance and I know our code enforcement has had to look at what their staffing allows and what -- what has risen to the top as the highest priority and where they need to be proactive because of a number of incidents. But we just talked about one of those ordinances was no smoking in parks. There is no way that we are going to be walking in the parks waiting for someone to light up or to snuff out a cigarette or whatever you call it. But when someone calls and complains -- same with noises, we can't drive down the street with our windows rolled down looking for violators. It is complaint driven and those are generally really a result of manpower and, again, the number of complaints that rise a certain issue to the top. Those we have tried to be proactive. Abandoned cars and weeds being probably the top ones. But manpower is a lot of the reason we are complaint driven. Also I think some of these are enforced by HOAs, subdivisions that Meridian City County Workshop October 8, 2013 Page 53 of 70 have HOAs and that those things have high value to them. They will enforce their own. But we have a number of our older subdivisions that don't have an HOA and, then, code enforcement is called in. So, I will turn this over to Lieutenant Overton and ask him to fill in the void. Overton: Madam Mayor, Members of the Council, Councilman Zaremba, I will take the first shot and acknowledge that in community development we have director Bruce Chatterton, as well as Bill Nary to speak on these points. We do -- I know we have discussed this in the past when we want our code enforcement officers -- we run a section that has five officers. We split them up in parts of the city. One of them has the downtown core section part time. He is also our downtown parking enforcement. So, he has a very small scope of area he works. We take the other four and we divide the remaining part of the city in half and we have them as a team. Now, when we address calls the first thing you have to understand about code enforcement is we are -- we are not -- we don't approach things as uniform police officers do. Uniform police officers usually address things -- first order of business is enforcement, because of the type of laws and rules that they enforce. When we address things in code enforcement it is compliance based with a side order of enforcement. That's the way I know to explain it. Enforcement happens at that point of execution or a ticket only when compliance is not reached and I do believe in the case that brought us here today compliance was reached. There was never a charge processed, there was never a ticket issued, which is probably 99 percent of all the cases that we work. When we do get cases in code enforcement we have quite a few of them that are complaint based and the best way would be to invite you to come spend a few days as a code enforcement officer. When they come in in the morning the amount of messages on our phones where they start off each day investigating different cases they have got or following up on the cases before, is one of the reasons so much is complaint based. We look at, first of all, what's life safety issues. Anything that's life safety is proactive and it's the first thing we go out after. Such things as weeds and if you haven't seen weeds in July sometimes we have had to deal with, they are obviously for fire and for us a life safety issue. They can also be an issue dealing with what you can and can't see on some roadways. We deal the same way with signs and we deal the same way same abandoned vehicles. But, then, we have a category that's a majority of the code enforcement issues that really don't fall into life safety as much as they do quality of life. That's the best way I know to categorize them and where you're dealing with quality of life issues that have been decided through Council, through -- either by -- or the development code, we are dealing with issues many times that overlap with CPTED principles, Crime Prevention Through Environmental Design, where you do things in the safest way possible for a community. It may not be how everybody agrees it should be done, but overall it keeps a community looking the best, reduces a lot of the opportunities for crime. In the issue we are talking about here, but specifically where we are talking about vehicles parked not on the street, but off the street in their front area of their house, but not put behind a six foot fence, so they are out in front, the specific code says that there is only certain vehicles that can be there and there is certain ones that can't and if you're going to store those vehicles they have to be behind a six foot fence and that's the code that we have in code enforcement that we enforce and I believe that is the specific code that is being Meridian City County Workshop October 8, 2013 Page 54 of 70 addressed in this complaint tonight. No, we do not proactively at this time -- we never have. We just don't have the resources to go out and start looking for those because if we had to it would be really tough to decide which quality of life case we are going to investigate and go after. We find that one generates many more. For example, in this case you learn a little bit about his neighbors, but this call initially came in as a call about one neighbor and became a call about another neighbor and when we do get a call on a street, if it's one that we have not taken enforcement action on, it's not fair to go and address one neighbor and leave that street or leave that cul-de-sac or where ever that place is. We have to then go in and do the consistent and fair approach, which is if you have got to abide by this code, so do your neighbors and we have to draw a line on how far that is. I can't say I~ need you to do the whole subdivision or I'm going to lose that code enforcement officer for weeks, because we have tried that before, we have tried it where you have to do several streets. So, it really comes down to what's the most reasonable approach dealing with the problem that's a code violation in the fairest way possible. We give a lot of leeway on compliance to give people time to find alternative places to put vehicles, whether it's a boat, trailer, a car that's broke down and find time to move it. We are not -- you have got 24 hours or we are going to ticket you. We try to give them time, so that they are able to find a safe place to store that. Am I surprised by the fact that this may have been there for four years? No. We found a semi parked in the backyard of a house in downtown that had been there for seven years, even commuting, and until a neighbor actually called us no one knew the semi was in the backyard. He hid it beautifully behind the house when he got home. We finally got a call and it was the first time we had known that this existed and, of course, it was illegal and he moved it and he said I knew one day I would get caught and I would have to move it. So, it was a resolution to an issue, but it proved that we just don't see everything every day. Storage sheds. We can't actively go look in everybody's backyard, nor do we to see if the storage sheds are placed in the right position, not in the required setbacks. But we do get calls to them, we do get calls to the carports that are erected illegally and we do take action when those occur. There is a lot of those codes out there that are handled in just that manner. They are complaint driven. So, I would stand for any questions. Hoaglun: Council, Mayor Tammy had to go off to an event tonight that she was scheduled for, so any questions for Lieutenant Overton? Bird: I have none. Rountree: I have none. Zaremba: I have none. Hoaglun: Okay. Mr. Chatterton, any comments to lend to this discussion? Chatterton: Council Members, just to maybe echo a little bit of what Lieutenant Overton said. You have to strike abalance -- you know, in any type of enforcement you always look at the resources that are available and at priorities. We know that we are not Meridian City County Workshop October 8, 2013 Page 55 of 70 resourced properly to be proactive across the board, so i making these choices is very important. These choice lieutenant said, trying to be fair with the system and the important. Hoaglun: Thank you. Any questions for Bruce? Bird: I have none. Zaremba: Mr. Chairman? Hoaglun: Councilman Zaremba. n picking and choosing and s are important and really, resources we have is very Zaremba: Since Mr. Kessler is here and he expressed to me that he's done some research on how other cities around handle it, would it be appropriate to ask him to speak for a few minutes? Hoaglun: Council members have any objection? Bird: Sure. You bet. Hoaglun: Mr. Kessler, could you come and for the -- for the record if you could just state your name and address and we will give you a few minutes. Kessler: Thank you, Mr. Chairman. I'm here to represent myself as a citizen -- a great citizen of the City of Meridian and I thank you for the opportunity. My name is David Kessler. I live at 2096 North Sapphire Place, which happens to be a cul-de-sac off the road. I'm here to address the parking standard of regulation as it stands. I'm not here to disagree with everything you people have said and what you have come up with as far as a regulation, because I do, too, agree we need to keep our neighborhood clean, safe, and hazard free from anything that might impede on children, disaster, or anything of that nature. I'm here to tell you that I feel that this issue that you have as far as this regulation is -- it impedes on my privacy as a citizen, because I own my property. It's what I call private property. It's just like you. If you have a boat or something that you own and you have a limited income and you have no resources to store it in a facility that charges a considerable amount of money, where else can you put something that you own? I parked it in my driveway. It's out of the way. It doesn't cause any safety issues. I cover it. It's locked. No one can get into it. My neighbors that I have already addressed -- I was going to put a petition together, unfortunately, I didn't have the time. I have asked everyone on the block whether my boat had had an impact on their lives or whether they had actually felt it was important for me to remove it. No one had done so. So, I don't endanger others. The current regulation does not define whether it's dangerous or nonconformance, it defines the parking on an owner's property and I say it's private property. And I questioning the owner's right to what's right and what we have as property owner rights. I feel infringed upon as a citizen of Meridian. I think that the code itself is not well defined. I mean if we have a citizen who has got a lot of Meridian City County Workshop October 8, 2013 Page 56 of 70 garbage, safety issues, who is -- has got an infraction as far as hurting other people, children, oil, some kind of flammable issues, absolutely, I would also report those, because I feel it's important. But to have a boat with a cover sitting on a cul-de-sac in the way, I just don't see where the actual issue is. Further, private property should belong to the homeowner. As long as the property is kept up safe, clean, therefore, it should be the right of the homeowner to store their own property on the premises, including each one of you. Why should you be any different than me? We all live in Meridian. We are all upstanding citizens. We should have the right to do what we want to do on our property, providing that it's safe, it's not hazardous, and it doesn't impede on others. I refer to that criminal violation. Am I criminal? Do I fit the criminal process here as a criminal to store some private property on my own property? I don't think so. I really don't think so. We need to make sure that only clutter and dangerous items, objects, that can be harm -- that's going to harm others and create an eye sore are not permitted on the property and I do agree with that. I look around the neighbors, both in Meridian and Boise, I have photos to prove that boats, trailers, and other personal belongings stored on the property elsewhere in Meridian -- in Boise -- there are no regulations. I have looked on their website. I have information that has no regulation in terms of their storage right. People have stored things on the street, in their driveways, and some are pretty disastrous, I would admit, but for the most part they are respected. There is nothing there that really has any impact on danger. Hoaglun: Mr. Kessler, can I ask a question here? Kessler: Yes. Hoaglun: Because Isaw aphoto -- I was sent a photo when the complaint was filed and the boat was there and in the photo there was a car parked in front of the boat. Was that somebody who was -- Kessler: They reside with us. Hoaglun: Reside with you. And that car belonged on the sidewalk. Was that the -- is that what initiated the complaint? Kessler: No. The complaint that I -- the way I understand it -- and I have the complaint here -- Hoaglun: But the boat parking there took up space that that car would normally take and, therefore, it blocked the sidewalk, which -- Kessler: Oh, no. No. That car that was there was a visitor. It was not -- so, it was not permanently parked. The car that parks in front of the house has plenty of spaces and it's usually my car. I don't block the driveway. I don't park -- I don't block the sidewalk. Hoaglun: But the visitor to your house blocked the sidewalk. Meridian City County Workshop October 8, 2013 Page 57 of 70 Kessler: They were there just temporarily. They were visiting. On the cul-de-sac there is limited parking. Hoaglun: Yeah. That's -- I just want to make sure I understood the photo, so -- okay. Kessler: So, you have seen the picture? Hoaglun: Yes. Yeah. Go ahead. Thank you. Kessler: All right. So, I don't disagree with some of the regulations. I find that they are very important to have. All I'm doing is asking you to address this code so it's a little more defined and we have a little more clarity on what you can and can't do. It's so broad based that it's very difficult to be able to understand the ramifications of what is legal and what's not. I mean I went out -- and I went out and I did all this research with the people around the neighborhood and none of them said that they had any problem with the boat, including my neighbor who had to remove his boat from his driveway that was sitting on the side and he was also annoyed about the whole thing, because he had to put his boat somewhere else. I don't know whether this goes too far or not. I mean it's up to you gentlemen to really decide that and to look at this particular code as to whether or not this is ethical, whether it's fair, and I'm sure that the clutter and danger of any -- any kind of a problem with the residents is going to make a big deal and the -- a serious situation and I'd like you to, please, consider revising this code to conform with a fair, equitable, and logical regulation for all homeowners, including yourself, so that we can be -- we can be honest, open citizens and not have to worry about other expenses. But I don't know how your feelings are about this. I don't know what your stance is. And if you take a look at the code, which I have read pretty thoroughly, I find this very broad based and it doesn't really define what could be a little more of -- I don't know how to say it. Could be a more -- more of a define premises for what a homeowner has a right to do and I thank you for your listening. I hope that you will take that into consideration. I do have pictures, if I can pass those around, if you would like to see them, from places in Boise. Hoaglun: Just give them to the city clerk and she can pass those down to us, Mr. Kessler. Council, any questions for Mr. Kessler while he's at the podium? Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: Yes. You have indicated that there is ambiguity, there is difficulty in understanding the ordinance. In using some of your words, you have talked about clutter, you have talked about eye sores and safety and those kinds of things. How do we define those? Do we get 12 people in the room and they say, well, clutter to me is trash cans and old cars and motors and the next person says, well, it's a dilapidated van, but it's running, but it sits there for weeks and the next one is not you or your neighbor, but it's a boat and the next -- how do we pull those subjective terms and Meridian City County Workshop October 8, 2013 Page 58 of 70 create an ordinance that can be enforced and, in fact, govern, if you will, and mediate between neighbors? Kessler: That's a difficult question. Rountree: It a difficult question proposition and I think we have probably done the best we can with the ordinance that we have. But my suggestion is that we have our legal counsel. look at that ordinance with code enforcement and see if there aren't some ways to make it more clear and probably -- I don't know if it will resolve your issue, but at least maybe make it more clear if it's not clear at this point. That's really the only answer have for you at this point, because when you start dealing with these subjective -- they are certainly not ethereal ideas, but, you know, how have people perceived these things. Personally, I would be not pleased if my neighbor left his boat out and my recourse is to talk to them and if there is no reply there I talk to the homeowners association. Kessler: Councilman, I just have to ask you what would be the reasoning for your being upset about somebody keeping their boat on their private property, knowing that they own the property, it's on their lot, it's not impacting anything around the neighborhood, it doesn't impede on your privacy or -- Rountree: Because I'm the third person that I spoke about in trying to identify what eye sore is. Kessler: Okay. Rountree: I find it offensive that somebody spends three, four hundred thousand dollars for a home, spends ten, 15, 20 thousand dollars for landscaping and sticks a boat out in front of it that's covered up. To me that's -- if you have got pride in your property you're going to take care of your property. That's me personally. But I'm willing to work with trying to make this ordinance to address your concerns. Kessler: Thank you. Rountree: Okay? I'm not -- I'm not going to put my values on you, but I can tell you what my values are. Kessler: I understand. Rountree: Okay? Nary: Mr. President? Kessler: So, I respect that. Hoaglun: Mr. Nary. Meridian City County Workshop October 8, 2013 Page 59 of 70 Nary: Yeah. Mr. President, Members of the Council, Council Member Rountree -- and this might help. Maybe we can wrap this up. But, basically, the code section that was -- was being enforced by our code enforcement officer says types of vehicle, location of parking, only automobiles and motorcycles displaying license plates and current registration may be parked in the required street yard. You know, the street yard is the area in between the street and your house. May be parked in the required street yard. All other vehicles, including, but not limited to vehicles without current registration, vehicles without license plates, recreational vehicles, personal recreational items, boats, trailers and/or other vehicles shall only be parked in rear or side yards and shall be screened by a solid six foot fence. So, in my opinion it's not unambiguous. You can only park a car in the driveway. Everything else has to be screened and can either be in the rear of your property or the side of your property and it requires a screening. So, don't believe it's ambiguous. The issue on whether or not we would allow other items -- Ithink, Council Member Rountree, you have it exactly the problem. Mr. Kessler's boat is very nice, but not everybody else's is. Trying to define the difference between a nice boat and a not very nice boat or an old junky car or a newer older car is very difficult. So, the decision was made when the UDC was passed that we would allow cars only. So, motor homes, RVs, fifth wheels, boats, trailers, four wheelers, everything else was screened and on the side or the rear of the home. So, there is -- they can still park it on their property, it's just parking it in the driveway. That's all. Hoaglun: And when I saw the photo to me it wasn't the boat, to me I thought someone complained about the safety issue by the car that's parking on the sidewalk and I didn't know you were on a cul-de-sac. But the problem was is that this morning it was reported in the news about the lady in Middleton who had taken her kid for a walk, was pushing that stroller, a vehicle was parked across the sidewalk, she walked out around that sidewalk and was hit by the oncoming car, which means she got her stroller -- her stroller was pushed. Now, the problem is, well -- well, that's not a collector street, but it's okay to do that when you're in a cul-de-sac and I have lived in a cul-de-sac and I liked the cul-de-sac when my kids were small, because you didn't have to worry about -- Kessler: Yeah. Hoaglun: You didn't have the moving traffic. But we can't differentiate, well, it's okay here, but not there when you're saying -- or these types of things. Kessler: Well, yes, but the city doesn't provide limited -- the city provides limited parking on a cul-de-sac and you don't have room to park a car, where would you park the car? Hoaglun: And that's the situation when you go to a cul-de-sac. I have to determine have limited parking, because my neighbors are right there and that's one of the down sides, but -- Kessler: Yeah. It's a fine line. It really is a fine line. Meridian City County Workshop October 8, 2013 Page 60 of 70 Hoaglun: Yeah. It really is. Kessler: My whole issue is private property. I mean I understand your point of view, councilmen. I really feel you have a right to express your views. But I also say you have the right of a homeowner in a private property that I spent 180,000 dollars for that I have a right to leave what I want on my property within -- as long as it doesn't impede, as long as it's not dangerous, as long as it doesn't have any -- I don't get any complaints and it was sitting there for four years and nobody -- nobody -- and nobody else. Somebody would go by, maybe, and have an argument with somebody about the boat, but -- Hoaglun: Mr. Kessler, it's an age old question. I mean people talk to me all the time about zoning. Why is the city zoned? It's a taking. I should be able to do with my property what I want and, I agree, I tend towards that perspective. But at the same time people forget that what they do on their property impacts somebody else's property values and that's where the taking becomes. Kessler: If they were immobile and I was cluttering or having a disastrous situation where it was dangerous to others I completely agree, as I said in my statement. But if this is a boat on a trailer that can be -- is moved when I need it and when I use it and -- I don't think it's an infraction. I just -- I'm hoping that you will look at this from a logical point of view and see if there is some kind of fine line that you can design in terms of -- if aboat can be parked on a property, as long as it's safe and covered. I -- all the pictures that you see here are from Boise. Boise is Boise. We are Meridian. The city is a larger city and it doesn't have those regulations. It just doesn't have those for that code. Hoaglun: And I did have one other question. Do you have a homeowner's association -- Kessler: No. Hoaglun: -- as part of your deal? So -- okay. Kessler: I don't. And if I had a homeowners association they probably would forbid me to have a boat. Hoaglun: Right. Kessler: But that's why I moved into the neighborhood I did, because I would not be in a homeowner situation. Hoaglun: Okay. Great. I appreciate the time you take to enlighten us. Kessler: Thank you for your time. I hope, gentlemen, you will reconsider and let me know the great results you have got. Thank you. Meridian City County Workshop October 8, 2013 Page 61 of 70 Rountree: Bill, I have a question. We also have an ordinance with respect to parking and if the vehicles -- whether they are RVs or boats or whatever are moved with a certain period of time -- in other words, they are used on a timely manner, there is no prohibition. Am I correct? Nary: You are -- you are partially correct. Rountree: Okay. Nary: The one you're probably thinking of, Councilman Rountree, is parking along the street. There is a limitation on time. If they hooked to a vehicle or not hooked to a vehicle and those types of things. But the driveway, again, is -- was intended for cars. Again, I -- Kessler: Yes, that's what it's there for. Nary: Yeah. The person can certainly park it on their property. They just have to park it a different place. Bird: Either front or behind the front of the house. You can have it behind -- Hoaglun: And Ithink -- and I think, you know, the life safety issue that Lieutenant Overton brought up is a good -- I mean I think this is a good reason why we enforce it on a complaint and not just go out and look for these types of things and I know my neighbor, who is getting ready for hunting season and pulls his trailer out from his side yard and he had some issue, he was fixing some line or something -- he was out there for several days, because he had that thing -- trying to get it fixed. It didn't bother me at all, because I know he's getting ready to hunt, it's going to be gone, and when he gets back he's going to move it back in and he had a situation he -- you know, you try to be reasonable in these things and I know he violated the homeowners association, but no one -- no one complained and let him go and do his hunting. But, yeah, I wish there was an answer to everything, but -- Council, any further action? Rountree: I would ask Bill to verify that ordinance situation with respect to Boise. I would guess that there is an ordinance to that effect. A unified development code as well. Bird: I would be shocked if they don't. Kessler: Okay. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Meridian City County Workshop October 8, 2013 Page 62 of 70 Zaremba: I was just going to say -- I appreciate the conversation and the comments that have been made by everybody and it is something to think about and I appreciate the discussion. Hoaglun: Thank you, Councilman. Rountree: I guess I do want to extend my appreciation to John and your folks for being mediators amongst neighbors who can't resolve their issues and sometimes it is difficult. In fact, it is difficult all the time, but -- and I don't envy them and I would never want to be one. Overton: President Hoaglun, Members of Council, Councilman Rountree, I was actually going to propose that the new code enforcement uniforms be black and white stripped, because it seems like we do a lot of refereeing out there. Rountree: Well, if you -- if you supply a whistle I might do that. Zaremba: And I would add that's greatly appreciated. It's -- as I say, often the call initiates by somebody saying somebody needs to do something about this and it's your staff that shows up and tries to make peace among neighbors, I -- that is very appreciated. K. Legal Department: Fees and Hardships Discussion Hoaglun: Well, Council, we will move onto Item 7-K, which is also an issue that kind of came about from our last Council meeting and in a Friday morning meeting of staff where we had a discussion about fees and hardship cases and what can be done, if anything, and do we have enough information when they come forward and claim financial hardship and whatnot. So, staff and Bill has taken the lead on this in taking a look at what options are out there, for Council when these things come forward. So, Bill, can you enlighten us further on this? Nary: Thank you. Mr. President, Members of the Council. I guess I will give the same disclaimer to not schedule Tom Barry and Caleb and myself on the same agenda. But this is actually a joint one with -- with the planning and community development. We -- we understood from the discussion last week that there -- these sometimes are left with a very difficult decision without a lot of guidance on how to even come to a decision very recently. So, I will start off and, then, turn it over to Caleb and Bruce, but we looked at two things. One, you have requests many times for fee waivers and we think in very limited circumstances that you probably need some guidance and guidelines as to what qualifies for a complete waiver of fees. You all know and certainly everybody listening needs to understand our fees are not something we come at randomly. There is a lot of work and exercise it goes through to make sure our fees are reasonable and fair and cover the cost most of the time for whatever the fee is there for. It's an average in most occasions. Some probably are a little less and some probably a little more, but we try to be pretty fair about how we come up with these fees. So, when we waive them, Meridian City County Workshop October 8, 2013 Page 63 of 70 essentially, we are absorbing the entire cost of it as a city and we think that that in general is not reasonable to the public and we think there are certain limited circumstances that we think it might make sense that we do provide some guidelines of when it's appropriate and the one common situation that comes up about a waiver is when you're dealing with a nonprofit type of organization and what types of fees could be waived in relation to them. We can't waive all fees, but maybe some fees are appropriate. So, that was one question that we discussed as a group. The second was is there another way. If we don't -- if we don't necessarily, as a city or as staff, think waiving fees entirely is appropriate, is there a different way to get the fees collected in a manner that's not going to be overly burdensome administratively and might allow some flexibility to the applicant, but not necessarily, again, waiving the complete cost. So, we looked at some way of paying the fees in an incremental way without stretching it out for an extended period of time or making it, again, an administrative nightmare and we didn't want to do that. But we were able to identify -- and I will turn this over here in a second to Caleb and Bruce, but at least in the -- to maybe to try this method. There are certain stopping points in some applications. There is the application filing that we think a fee of some sort needs to be paid. If there is a public hearing attached to that type of application, well, there is another stop point where if a fee can, then, be generated at that point, another portion of the fee, then, that might given the applicant about 30 to 45 days, depending on when the application is filed, before the hearing is held. So, it gives them a little bit of time in which to collect the rest of the fee or another portion and, then, there is the issuance of the actual permit. Sometimes there is another week or so of a finding to be issued, an actual document to be created for the issuance of a permit and that last one can be the final portion of the fees, so that they wouldn't receive it until they have paid -- now, they still have paid the whole thing, but it might have taken now maybe three months to pay it, rather than all at once. And the conditional use permits we have noticed since we have changed the ordinance a few years ago that's where we get a lot of the requests, because many of those conditional use permits are exactly like what you had last week, a single owner, a single property, it's not a large scale operation, it's not drive-thrus like you used to see years ago, it's a very very limited type. So, when we discussed it we thought maybe if we were to create this opportunity for just those right now, not every fee that we have, because Finance was really concerned about that, but to try to pilot that and allow these incremental payments, so that we are making sure we are still collecting the fee, but we are giving a little bit of leeway, but not too much. One thing, just in case you were thinking, because I know it came up in our discussion, was whether or not we could use sort of the billing system we use currently with utility billing of your water usage and right now if you don't pay your water bill we turn your water off. That's by ordinance. I don't recommend that, because secondarily you have a different problem. Water usage is governed by the property owner. Sometimes these are not the owners. So, now you need athree-party agreement, it becomes a little bit more cumbersome and a little bit more administrative to deal with and it doesn't fit our ordinance, so now you need a separate contract. Probably making a lot more admin at the time than you really intended. But, anyway, I will turn it over to Caleb and Bruce, if you're okay with it, to figure out how we can do it. But that was kind of the general nature of our discussion and try to maybe come up with something that might be helpful. Meridian City County Workshop October 8, 2013 Page 64 of 70 Hoaglun: Bruce? Chatterton: And, Council Members, just to further what Mr. Nary was saying, it's one thing to defer fees, I think that makes a lot of sense in many cases to come up with a -- sort of a paying in increments or moving -- deferring the fees, but I wish that in this discussion we could sort of get past the W word, the waiver part, because that implies in my mind that government can just waive a magic wand and these fees are just about red tape. Caleb has a number of different tables here, some very stringent analysis of the planning fees, the amount of work that goes into them. Our hard costs associated with those things. Our staff time, of course, is our -- really our cost costs. We are paying salaries for folks to work on these -- on these -- on these applications. The concern I have about using even the word waiver is that somebody under the law -- and I'm not making Bill a legal argument here, but it's more of a philosophical one -- somebody should be paying these, because they are public costs. So, just -- we were talking earlier about Boise, just to compare a little bit. In Boise there is no waiver provision in their ordinance, but if someone says I can't pay this and I'm a worthy cause, I -- you know, I have a hardship, the city council can pay the fees on their behalf. The idea being that someone should pay the fee, because there is a fee schedule, it's not arbitrary, it's based upon the actual cost to provide the service. So, I think that -- you know, so we are saying when we talk more about deferring, making it more convenient, more possible for someone to pay it, that's great. If we are talking about perhaps the city finding it somewhere within the city's budget to pay those fees, that's even better. I know that there are some permitting agencies of cities and counties around the country set up a hardship fund. Fairly small, you know, say, I don't know, 10,000 dollars and on a first come, first serve basis, nonprofits could -- could apply for -- and demonstrate a hardship and until that fee -- until those -- that fund is gone each year and it would be available to pay those things. Of course, approved by -- by City Council. Nonprofit, of course, we would have to put more bookend -- bookends around it other than that. Of course, St. Luke's is a nonprofit and we know that they are certainly capable of paying -- paying fees and making improvements. So, we have in front of you some of the data. just think it's important that we don't say -- let's not wave a magic wand and just pretend that these aren't real costs. Hoaglun: Caleb, did you want to comment on this sheet, what we are looking at? Hood: Maybe just real briefly, Council. Thank you, Mr. President. So, this is -- at last week's discussion there was a question about our fee and soft costs and hard costs, so I'm not going to get into that too much, but just to kind of show, as Bruce mentioned, mean there is -- it's a formula for each of type application based on how many hearings you have, how many mailings go out, how much staff time, which different departments are involved and it is an average, as Bill -- Bill pointed out. It's -- that type of application generally takes us this long to process. So, I'm just going to speak just briefly on this optional payment plan. We could -- if you look at the -- it's the seventh column, the hearing fee column, those are, essentially, our out-of-pocket, up front, get an application to publication for our hearing costs. That includes primarily Dean's cost, so I just Meridian City County Workshop October 8, 2013 Page 65 of 70 wanted to -- he's not city staff, he's contract, and we pay him and he gets average -- it costs about 75 dollars for him to -- to transcribe a hearing. It's the clerk's cost and it's basically mailing and publication costs. If you look at a conditional use, that's the one that has a small dash -- I'm sorry the font is so small, but there is a lot of numbers here. That's a conditional use permit, so that was the one we talked about last -- last week. It's roughly a third of the costs for the overall CU, $391.71 is that initial cost. It's a little less, but it's roughly a third. So, that's why when we met earlier this week and talked about a payment plan, a third up front, a third right before your public hearing, and there is our hammer there to make sure we get something there, so if they are denied we are probably not going to see, you know, any more of that fee, we will just have to eat it. And, then, with a quick clarification on that third would actually be before occupancy. So, it does give them a little bit more time. It wouldn't be before we do the findings for that, because that usually is only a week or two. It would be before they open their business and they want occupancy. So, that -- that's not too administrative heavy, think we can track that with the Accella database we now have, if that's the direction we want to go. It does allow some time in there and now if they are really aggressive in their business line, it may only be a couple three months, but it's better than all up front. So, maybe for someone. So, I just wanted to provide you that background information. I apologize I didn't have this last week to look at and you can kind of see, okay, what are our up front costs and what -- how much time is everyone spending on these applications. So, now you have it. Hoaglun: Thank you, Caleb. Council, any questions for the three -- Bird: Mr. Chairman or Mr. President? Hoaglun: Councilman Bird. Bird: No. They answered the question I had regarding the cost and stuff. I -- I will sit down with Caleb and find out how he was -- what he's got in his labor cost. Hoaglun: Councilman Zaremba. Zaremba: Thank you, Mr. President. I like the idea that Bruce alluded to, exploring alternatives. I -- I agree -- the reason behind the fee is -- is a good reason and as we see in the spreadsheet in front of us, they are not just picked out of the air, there is solid accounting behind why the fee is what it is for the different kinds of services and what the city has to provide and I also agree with the philosophy that we shouldn't just charge a little bit extra, so that we can waive a few of them here and there. But you mentioned that some cities have a fund that they do it with and I know MUBs was mentioned or water, sewers, billing system. If somebody truly has a hardship, we have a system where they can apply to get one -- one month a year paid for or something like that. At least a boost and we do contribute into a fund that is distributed that way. The parks department -- I think it's a voluntary contribution. I don't think it's actually a part of their budget, but people who would like to have their children in the summer camps can Meridian City County Workshop October 8, 2013 Page 66 of 70 apply for -- not a waiver of the fee, but a subsidy of the fee. I don't know exactly what you call it. Maybe Mike can answer this, but -- say again. Barton: Care Enough To Share. Hoaglun: Care Enough To Share. A scholarship based -- Zaremba: So, there is a little fund there that can help pay that fee and, again, the word waiver is not used and it would seem to me that if we could have a little bit of a fund somehow that when we thought somebody truly needed to have the help and I don't know how we would decide that and in the MUBs system we depend on an official outside agency to make that determination. In the parks department I think it's -- it's kind of -- maybe Mike can explain that better than I can, how the decision is made in the parks department. Hoaglun: Mike, do you have a short description of it? Barton: Mr. President, Councilman Zaremba, it's a -- there are funds that we generate through recycling and cartridges and donations and -- and people -- people apply to -- they think they have the -- they live in low to moderate income areas and it's -- Zaremba: Which is defined by -- Barton: And we are talking 30 dollars here -- I mean it -- three or four hundred dollar playground. Yeah. But it's -- for some people it's a huge help so they can enroll in classes and summer camps and people count on that as daycare during the summer and stuff, so -- Hoaglun: Mike, question. How do you -- how do you determine whether they qualify or not? What's that process; do you know? Barton: I'm not exactly sure. Hoaglun: Okay. Thank you. Because just to add on, that's -- I'm -- you know, Bruce, what you bring up is interesting, but one of the things I have always had a difficult time since being on Council and we have a financial hardship claim is we have no information whatsoever that there truly is a financial hardship. We don't require bank statements, we don't require anything. They just come up and say I can't afford that. Well, what do we base that on? You know, as a council member I try to take pride in that we make informed decisions and that was a tough one, because we are not informed to that -- that deal. So, that's the only down side of that is we'd have to have something to say, okay, they qualify, that there is a process -- and I'm sure some cities may have come up with that. Chatterton: Yes. And, President Hoaglun, I'm sure that they -- they struggled with that in these other communities as well. It's difficult to define really what's fair. That's why if Meridian City County Workshop October 8, 2013 Page 67 of 70 we -- again, this is just my opinion, but if we do something it's certainly along the lines of a deferral. The public -- the taxpayers are made whole at the end of the day. Perhaps the project can move ahead with a more convenient way of paying those fees. Nary: Mr. President? Hoaglun: Council -- or Mr. Nary. Nary: Thank you. So, Mr. President, I think what we are basically asking Council tonight is -- is two things. We would like your okay to bring back a proposal as to when waivers -- what guidelines are appropriate for a waiver and we do think -- I guess we will see when we discuss that -- we think that should be fairly limited. I mean we don't think that should be an open door and we don't want to put all of you on the dilemma of trying to wrestle through bank statements and credit applications and things like that. Bird: No. Nary: So, I think -- I don't think that's what we are trying to do. I think we trying to figure out what's afair -- and we can look at some other cities -- what's a fair system of guidelines that are appropriate to grant a complete waiver of the fee entirely. We are also suggesting that at least for a limited, you know, pilot -- and I hate to keep using that word too much, but a pilot on conditional use permits. We think we could allow this incremental payment and allow that process and we can put that up in written -- write up some guidelines for you that we can allow that and try that and we can try that for six months and see. Again, we don't get a lot of -- you don't see CU's any longer, unless they are tied to a larger application. Normally conditional uses now only go to the Planning and Zoning Commission, unless they are appealed. So, again, we don't get a lot of them, so we figure if we are going to try it -- I noticed on that form that Caleb provided there is seven fees that are in excess of a thousand dollars. Again, we weren't trying to open the door to all fees of all types, that we would have some deferral program. We thought we would try it with the conditional use permits that happen to dovetail with your conversation last week. We can try to put that in place and see if it is manageable administratively and it does work. We would want some -- some guideline, like, for example, before your public hearing if you haven't paid the next fee we might consider you can have one deferral, but that's it. We are not going to let you strike out for a year. You know, we want some finality to these things and we are trying to be flexible, but we don't want to necessarily throw the door open to everything. So, we want to finalize a couple of those little guidelines to make sure that, again, the public is made whole, but we are trying to find a way between those two things. So, we want to bring you back some guidelines and waivers and we want to I guess create some guidelines for this very limited modified payment plan. We don't want to appear to be lending credit. We don't want to appear to be in the bank business. We are really wanting the fees to get collected, we are just allowing a different method on how it's getting paid and in a fairly short window. You know, again, most of these CUs are from application to completion -- the majority of the time they are done in 60 days. Meridian City County Workshop October 8, 2013 Page 68 of 70 Hoaglun: Okay. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: That sounds great to me. I think I would pick up on something else that Bruce said and not use the word waiver. If we can use a word like assistance or alternate method or alternate plan. In fact, the alternate plan in some truly hardship case may equate to a hundred percent waiver, but, I agree, let's steer clear of using that word and call it assistance or call it alternate payment or something. Hoaglun: I don't think lay away term would work either. Councilman Rountree. Rountree: Works for me. Just a couple points. Somebody out there is thinking, well, why don't you do away with some ordinances and some of the things you do and reduce the cost. The bottom line is many things we do are driven by state statute and we have to follow their zoning and subdivision requirements and all of those have -- you got to have hearings and you got to have legal notices and that all costs a lot of money. Ergo the schedule of fees ranging from a dollar to in excess of 1,200 dollars for some items. So, it's not just a matter of changing how we do business, I think we have changed our business and continue to change our business to make it more efficient and effective within the bounds of the statute that we have to live by. I'd just make that point. I like the idea of having some guidelines on what hardship is. I struggled last week with that and I still struggle with it, but I think back of some other instances where we have had daycare -- particularly daycare, they seem problematic, because people come in here and -- and say, well, this is a great thing and I'm doing a great community service, which they are, don't have a clue about a business plan, they don't know how -- or have any idea of what it's going to cost them to open their doors. In fact, we had one at one point in time that opened their doors, did advertising, built a sign and they weren't in a zone that would allow it. So, there is some education that needs to go on as well, but a third and a third and a third I think is fair. I sense that there is a more administrative fee in doing it that way, but I don't know if you want to quantify that and charge it as maybe an interest. I don't want to go there, but there is going to be -- there is going to be a slight more administrative oversight and bookkeeping that's going to be required if we do that. But, hopefully, there will be so few that it's a nondeal, so -- Hoaglun: So, it sounds like, Council, staff is directed to move forward with developing these options further and when we select one or maybe have both as options to us in the future -- future conditional use applications situations might be -- might be helpful. So, I appreciate, staff, your work on this. It was a conundrum for us and a difficull decision and something like this might help us immensely. So, thank you for working on that. Zaremba: Mr. President? Meridian City County Workshop October 8, 2013 Page 69 of 70 Hoaglun: Councilman Zaremba. Zaremba: That -- that included something that was said that occurred to me to ask a separate sideways question. Typical. In the case like we had last -- last week, this was a lady who wanted to open a daycare. She had moved into a new home and it occurs to me now she was probably renting that. When somebody applies for a CUP do we require the owner to sign off on that? Something in my mind says we do, but I just wanted to make sure. Chatterton: President Hoaglun, Council Member Zaremba, yes, we do require that the owner must sign the application or give an affidavit of interest that shows that they are okay with that. Because, you're right, change in the entitlement on someone else's property would be a -- a big deal. We could really get ourselves into trouble if we didn't require that. Zaremba: Great. Thank you. Hoaglun: Thank you, Bruce. We will move onto Item 8-A. Ordinances. Madam Clerk, this is the second reading of Ordinance No. 13-1579. This is the -- Rountree: Second and third. Hoaglun: -- second and third. Yeah. Thank you. Third reading of this ordinance. Madam Clerk, would you, please, read this ordinance by title only. Item 8: Ordinances A. Second and Third Reading of Ordinance IVo. 13-1579: Parks and Recreation Code Update Approved Holman: Thank you. City of Meridian Ordinance No. 13-1579, an ordinance repealing and replacing Title 13, Chapter 2, regarding Parks and Recreation regulations and providing an effective date. Hoaglun: You have heard this ordinance read by title only. Is there anyone who would like to hear the ordinance read in its entirety? Not seeing anyone -- Rountree: Mr. Chairman -- President? Hoaglun: Councilman Rountree. Rountree: I move that we approve Item 8-A, Ordinance 13-1579 with suspension of rules. Zaremba: Second. Meridian City County Workshop October 8, 2013 Page 70 of 70 Hoaglun: I have a motion and a second to approve Ordinance 13-1579. Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics Hoaglun: Item 9, Future Meeting Topics. Council, anything you have? Bird: I have none. Hoaglun: I did -- as we heard tonight, we discussed briefly the -- from Lieutenant Leslie the public safety facility and talked about moving that to a November meeting time. talked to the Mayor briefly. We are looking at November 6 to have that -- have that discussion. So, get that on the agenda for that time. So, anything else? Bird: Move to adjourn. Rountree: Second. Hoaglun: All those in favor say aye. MOTION CARRIED: ALL AYES. Hoaglun: We are adjourned. MEETING ADJOURNED AT 6:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~~~ ~~ -~~ ~ l / (p / 13 MAYOR T E WEERD DATE APPROVED Meridian City Council Meeting TE: October 8, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes - September 10, 2013 Approve Minutes of September 10, 2013 City Council and Planning and Zoning Special Joint Meeting 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: October 8, 2013 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: Approve Minutes - September 17, 2013 PreCouncil Approve Minutes of September 17, 2013 City Council PreCouncil Meeting MEETING NOTES Lwj R 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: October 8, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes - September 17, 2013 Approve Minutes of September 17, 2013 City Council Meeting MEETING NOTES M NO Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: Approve Minutes - September 24, 2013 Approve Minutes of September 24, 2013 City Council Meeting MEETING NOTES L✓: 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: October 8, 2013 ITEM NUMBER: PROJECT NUMBER: SHP 13-003 ITEM TITLE: River Valley Retail Subdivision Findings of Fact, Conclusions of Law for Approval: SHP 13-003 River Valley Retail Subdivision by North Eagle Road, LLC Located at 3230 E. River Valley Street Request: Short Plat Consisting of Two (2) Building Lots on 1.14 Acres of Land in the C -G Zoning District MEETING NOTES 9 Rp 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: October 8, 2013 ITEM NUMBER: 4E PROJECT NUMBER: ITEM TITLE: Centra Consulting, Inc. PSA Agreement for Professional Services with Centra Consulting Inc. for QLPE Plan Check Services for the Not -to -Exceed Amount of $50,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (�E IDIAM--- I�Community Development Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton DATE: 10/3/13 SUBJECT: QLPE Plan Check Services I. RECOMMENDED ACTION A. Move to: Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 1. Approve a Contract Agreement between the City of Meridian and Centra Consulting, Inc. for Qualified Licensed Professional Engineer (QLPE) Plan Check Services. 2. This agreement authorizes Centra Consulting, Inc. to provide alternate QLPE Plan Check Services to the City of Meridian from October 8, 2013 to September 30, 2014. This agreement may be extended for two (2) additional one year terms upon written agreement of both parties and City Council approval. If applicants choose this alternative, they will pay a per sheet review fee that directly offsets expenses under this contract. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Development Services Manager 884-5533 489-0362 Approval Ph: 208.887.2211 • www.meridiancitv.oro 4 Fax 208.887.1297 Rev: 01/2013 AGREEMENT FOR PROFESSIONAL SERVICES I THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of October, 2013, 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 Centra Consultino, Inc , hereinafter referred to as "CONSULTANT", whose business address is 413 W. Idaho, Ste 302, Boise, ID 83702 INTRODUCTION Whereas, the City has a need for services involving QLPE PLAN CHECK SERVICES; and WHEREAS, the Consultant 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 Services: 1.1 CONSULTANT 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 comply in all respects, as specified in the document titled "Scope of Services" 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 Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, 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 Consultant 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 Consultant represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or Page 1 of 11 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 Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant 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 Consultant shall be compensated on a Time & Materials basis as provided In Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -to -Exceed amount of $50,000.00 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, 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 Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant 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. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire September 30, 2014, the expiratlon of funds allocated for compensation or unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. Page 2 of 11 This agreement may be extended for two (2) additional one year terms upon written agreement of both parties and City Council approval. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant 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 Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: C CONSULTANT 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 CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, 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, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actlons, 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 Consultant or Consultant'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, Page a of 11 Including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'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 Consultant begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. 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 City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 Email: kwatts@meridiancity.org CONSULTANT CENTRA CONSULTING Attn: Ryan Morgan, P. E. 413 W. Idaho, Ste 301 Boise, ID 83702 Phone: 208-338-9400 Email: rmoroan(Wcentrainc.com 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. 7. 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. 8. 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. 9. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT 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. Page 4 of 11 10, Discrimination Prohibited: In performing the Services required herein, CONSULTANT 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. 11. Reports and Information: 11.1 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. 11.2 Consultant shall maintain all writings, documents and records prepared or complied in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. 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 CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT 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. 13, 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. 14. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Page 5 of 11 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, in part or in its entirety, by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT 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 CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. 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. 18. 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. 19. 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. 20, Public Records Act: Pursuant to Idaho Code Section 9-335, at seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt' on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. in addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and Page 6 of 11 defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 21. Confidentiality: Consultant understands and acknowledges that all tests and results (confidential information) are intended solely for the City. Consultant agrees to hold all confidential information in confidence and will not disclose the confidential information to any person or entity without the express prior written consent of City. 22. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN CENTRA CONSULTING, INC TAMMY de VtT=PD, MAYOR lib -a-i3 Approved by BY: Al j 0,,� STEPHEN E. WEST, President Dated: Oc4. L.� -2 r i 7b 13 f— k C;Le 13 4, JS Kin ApgOc'! hClly of IST F. tf iowNo SEAL r V Purchasing Approval fR Od Ide IPF P,,pf, BY: Z<ZI�7517�1 Z/Z�� KEIT ATTS, Purchasing anager Dated: �� 3 Page 7 of 11 Attachment A SCOPE OF WORK Project Understanding The City is interested in contracting with a professional engineering consulting firm to perform Qualified Licensed Professional Engineer (QLPE) plan and specification reviews for simple water and wastewater main extensions in accordance with the Idaho Rules for Public Drinking Water Systems (IDAPA 58.01.08) and the Wastewater Rules (IDAPA 58.01.16). The QLPE review is authorized under I.C. 39-118(2)(d) as equivalent to review by the Department of Environmental Quality (DEQ) prior to construction for simple water and wastewater main extensions. At the time of approval, the QLPE must provide a written approval letter to the DEQ, through the City, which includes: A statement asserting that the QLPE represents the City with regard to the project in question; • A statement that the plans and specifications are approved for construction; and A statement by the QLPE that the plans and specifications comply with the facility standards within the referenced IDAPA rules. Review comments may be issued in lieu of project approval. In this case, the QLPE will provide written comments in electronic form to the City for delivery to the developer/project engineer, unless instructed by the City to communicate with them directly. Comments must be resolved prior to providing written QLPE approval of the project. Reviewable sheets are any plan view or plan and profile sheet with the potential for separation issues of mains. This Includes sewer and water service extensions. The sheets should include storm drainage and irrigation facilities, if applicable. The City will designate a project manager(s) through whom the QLPE will communicate. Scope of work The task list below describes each task proposed for this project: Page 8 of 11 QLPE Plan Checks: Upon notification from the Project Manager for the City that plans are available for review, CENTRA will initiate the plan check procedure outlined in the schedule below. Schedule CENTRA is prepared to begin work on all tasks immediately upon acceptance of this proposal by the City, CENTRA will implement the Scope of Services as follows: Plan Checks • CENTRA will arrange for pickup of plans within one working day of written notification from the City that plans are available for review; • CENTRA will initiate each plan check within one working day of receiving the 100% plan set package from the City. CENTRA will advise the City In writing that the plan check has begun and notify the City by email of any missing or inaccurate submittal documents within two working days of receiving a plan set; • CENTRA will review each plan set and issue an approval or comment letter In accordance with IDAPA and City requirements within five working days of beginning each plan check. Approval letters will Include a completed, sealed, dated, and signed copy of the DEQ QLPE checklist; and • CENTRA will arrange for delivery of electronically approved plans to the City within one working day of issuing the QLPE approval letter electronically. General • CENTRA will maintain frequent verbal and written contact with the City during plan checks, especially those for which comments are issued in lieu of approvals. CENTRA will contact the City immediately to resolve review issues. CENTRA will return one set of redlines for any plan sets that comments were issued with the approved plan set after all comments have been addressed. Assumptions • The City will conduct the initial reviews of the plan sets and will make 100% complete sets available to CENTRA; • The City will review and/or update water system and sanitary sewer system models to determine if development is in compliance with the City's water and sanitary sewer master plans verifying pipelines are of adequate size to convey Page 9 of 11 required flows and deliver adequate system design pressures. City will verify Its ability to Issue a project will -serve letter with declining balance report; and Staffing CENTRA proposes to assign the following staff to the project: Ryan Morgan, P.E. — VP of Engineering Area of responsibility: Lead Plan Check Reviewer & Project Manager. Emily Skoro, P.E. - Senior Engineer • Area of responsibility: Alternate Plan Check Reviewer. Page 10 of 11 Attachment B PAYMENT SCHEDULE QLPE Plan Check Services. A. Total and complete compensation for this Agreement shall not exceed $50,000.00. Fees will be billed for actual pan sheets reviewed at the rates listed in the table below. Fees will be billed monthly for completed tasks only. 7TASK DESCRIPTION Plan Check Services per the specifications listed in the Scope of Work. AMOUNT A Plan Checks (Reviewable Sheet) $250.00 TOTAL NOT TO EXCEED $50,000.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Page 11 of 11 (��MEI IIIIAA I4DAHO Community Development Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton DATE: 10/3/13 SUBJECT: QLPE Plan Check Services I. RECOMMENDED ACTION A. Move to: Land Development Services Meridian City Nall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 I. Approve a Contract Agreement between the City of Meridian and Centra Consulting, Inc. for Qualified Licensed Professional Engineer (QLPE) Plan Check Services. 2. This agreement authorizes Centra Consulting, Inc. to provide alternate QLPE Plan Check Services to the City of Meridian from October 8, 2013 to September 30, 2014. This agreement may be extended for two (2) additional one year terms upon written agreement of both parties and City Council approval. If applicants choose this alternative, they will pay a per sheet review fee that directly offsets expenses under this contract. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Ph: 208.887.2211 Development Services Manager www.merfdiancity.org 884-5533 489-0362 Approval Fax 208.887.1297 Rev: 01/2013 Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: 413 PROJECT NUMBER: ITEM TITLE: Walmart - Sewer and Water Main Easement Sewer and Water Main Easement for Walmart, 795 W Overland Rd MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN�,, Community Development Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 9/24/13 Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 SUBJECT: Sewer and Water Main Easement - Walmart - 795 W Overland Rd I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer and Water Main Easement for the City of Meridian, located on the site of Walmart, 795 W Overland Rd. 2. This easement provides the City of Meridian access to new public sewer and water mains being installed to provide service for Walmart, located at 795 W Overland Rd, 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Denny Cline, Development Analyst II rb 92 44 Denny Cline, Mvelopment Analyst II 1-f- tfz. - ( - ?-C) hate-`FreckOon, Development Services Manager Ph: 208.887.2211 • www.meridiancitv.ora 884-5533 489-0362 489-0371 Recommending Approval Fax 208.887.1297 Rev: 01/2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 11 BOISE IDAHO 10109/13 12:17 FM DEPUTY Che Fowler III IIIIIIIIIIIIIIIIIfIIIIII'llll'I'll RECORDED -REQUEST OF City of Meridian 113113729 Meridian (S). ID #3093-00 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this $ day of 0- , 2013 between Wal-Mart Real Estate Business Trust, a Delaware statutory trust, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for a non-exclusive easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee sball not be responsible for repairing, replacing or restoring Meridian (S). ID #3093-00 Sanitary Sewer and Water Main Easement EASMT.S&W.doc 2022269.1 8/26/13 ( anything placed within the area described in this easement that was placed there in violation of this easement. Grantee agrees to use due care and comply with all applicable laws in Grantee's use of the easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures within the area described for this easement which would interfere with the use of said easement for the purposes stated herein; provided that, Grantor's use of the easement area for landscaping paving, parking, drive aisles, sidewalks, and curbs are expressly allowed to the extent that the allowed items are in conformance with approved landscape and construction plans and any applicable fire codes. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. % IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written, [SIGNATURES PAGES FOLLOW] Meridian (S). ID #3093-00 Sanitary Sewer and Water Main Easement EASMT.S&W.doc 2022269.1 8/26/13 GRANTOR: WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust Its Vice President of Real Estate STATE OF ARKANSAS) ) ss County of Benton ) On this,�/J day of 2013, before me, the undersigned, a Notary Public in and for said Sta e; pe •sonally appeared JOHN E. CLARKE, known or identified to me to be the Vice President of Real Estate of Wal-Mart Real Estate Business Trust, a Delaware statutory trust, who executed the within instrument, and acknowledged to me that such trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. , (SEAL) voIAlik PU0 Commission Expires: /-h2(/ , 2G� Meridian (S). ID #3093-00 Sanitary Sewer and Water Main Easement EASMT.S&W.doe 2022269.1 8/26)13 3 j GRANTEE: CITY OF MERIDIAN Tammy de Wer , Mayor L. Holman, City Approved By City Council On: fM n uckr,. or '^ Uy 5f l j--iDTAN* ropxo I0,. SEAL 11 `rF S STATE OF IDAHO, ) ) ss. County of Ada ) % On this '?day of Q 2013, before me, the undersigned, a Notary Public said St l in and for ate, personally appeared TAMMY DE WEERD and JAYCEE L, HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF; I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) e .4 ;r Meridian (S). ID #3093-00 Sanitary Sewer and Water Main Easement 2022269.1 8/26/13 TARY PUBLIC R IDA Residing at: Heel (Ai0.n i I Commission Expires: c )a n 4 � 1 li Ell EASMT.S& W.doc EXHIBIT A Legal Description Meridian (S� Stare #3090 — City of Meridian - Easement No. 1 An easement being located In a portion of the NW'/ of the NE'/ of Section 24, Township $ North, Range 1 West Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northwest corner of said NW 1/ of the NE A. from which a 518 Inch diameter Iron pin marking the southwest corner of said NW 1% of the NE 1/0 bears 5 0°51'13" W a distance of 1317.47 feet; Thence 5 Oo51'l30 W along the westerly boundary of said NW '% of the NE 1/4 a distance of 715.06 feel to a point; Thence leaving said westerly boundary S 89008'47" E a distance of 25.00 feet to the POINT OF BEGINNING; Thence N 69°16'15' E a distance of 51.60 feet to a point; Thence N 20028'67" E a distance of 64,35 feet to a point; Thence N 44047'16" W a distance of 52.96 feet to a point; Thence N 0012'44" E a distance of 30.04 feel to a point; Thence N 89047'16" W a distance of 9.04 feet to a point; Thence N 0012'44" E a distance of 26.00 feel to a point; Thence S 69"47'16" E a distance of 9.04 feet to a point; Thence N 0012'44" E a distance of 185.78 feel to a point; Thence N 89047'16" W a distance of 24.06 feet to a point; Thence N 005113" E e distance of 20.00 feel to a point; Thence 8 89047'16" E a distance of 23.84 feet to a point; Thence N 0o12'44" E a distance of 21.79 feet to a point; Thence N 8904T16" W a distance of 9.00 feet to a point; Thence N 0"12'440 E a distance of 20.00 feet to a point; Thence S 89047'16" E a distance of 29.00 feet to a point; Thence S 0012'44° W a distance of 289.32 feet to a point; Thence 8 44047'10" E a distance of 35.45 feet to a point; Thence N 20026'57° E a distance of 72.93 feet to a point; Thence N 0012'44' E a distance of 8.22 feel to a point; Thence 6 89047'18" E a distance of 20.00 feet to a point; L"dnJ]wveYN9aN [m,uI11n0 Meridian (S), ID #3093-00 Sanitary Sewer and Water Main Basement 2022269.1 9/26/13 pWanWoddrrd ALTA Gs" W Na I IJg Pogo 1010 EASMT.S&W.doe Thence S 0"12'44" W a distance of 11.78 feet to a point; Thence 5 20"26'57" W a distance of 85.74 feet to a point; Thence S 4464716" E a distance of 60.51 feet to a point; Thence $ 8904716" E a distance of 329.52 feet to a point; Thence N 0°12'44" E a distance of 583.33 feet to a point; Thence N 89°47'16" W a distance of 241.06 feet to a point; Thence N 0°12'44" E a distance of 32.83 feet to a point; Thence S 89047'16" E a distance of 20.00 feel to a point; Thence S 0°12'44' W a distance of 12.83 feet to a point; Thence S 89"47'16" E a distance of 241.06 feet to a point; Thence S 0°12'44" W a distance of 18.00 feet to a point; Thence S 89047'16" E a distance of $3.61 feet to a point; Thence S 0912'44 W a distance of 20.00 feet to a point; Thence N 89°47'16" W a distance of 33.61 feet to a point; Thence S 0012'44"W a distance of 286.33 feet to a point; Thence S 69"4716" E a distance of 33.61 feet to a point; CThence S 0"1244" W a distance of 20.00 feet to a point; Thence N 09"47'16" W a distance of 33.61 feet to a paint; Thence S 0"12'44" W a distance of 232.00 feet to a point; Thence S 89°4716" E a distance of 31.08 feet to a point; Thence 5 0912'44" W a distance of 20.00 feet to a point; Thence N 89"47'16" W a distance of 31.08 feet to a point; Thence S 0"12'44" W a distance of 8.00 feet to a point Thence N 89°47'16" W a distance of 156.68 feet to a point; Thence S 41°54'16" W a distance of 21,39 feet to a point; Thence N 89"2 V44" W a distance of 77.61 feet to a point; Thence S 0°38'16" W a distance of 7.98 feet to a point; Thence N 89"47'16" W a distance of 20.00 feet to a point; Thence N 0012'44" E a distance of 0.13 feet to a point; Lain JWVqu LL� i�'S o,.aF�usmuremuWAJ�m - �i' lnnOlw�Xne�ne emm�eup Vue"zer9 Meridian (S). ID #3093-00 Sanitary Sewer and Water Main Easement EASMT.S&W.doc 2022269.1 8/26/13 Thence N 59°21'44" W a distance of 165.97 feet to a point; Thence S 69°16'15" W a distance of 62.10 feet to a point; Thence N 0°51'13" E a distance of 21.51 feet to the POINT OF BEGINNING; This easement contains 1.04 acres and Is subject to any othereasements existing or In use. Clinton W. Hansen, PLS Land Solutions, PC May 2, 2012 Lair��I�r�Bua�➢�nY9$ (�.� IanJSWisy4x�]M Gn,uxMa Meridian (S). ID #3093-00 Sanitary Sewer and Water Main Easement 2022269.1 8/26/13 0 W IM1rMiIOMNM II.TA B Wtle aoL W.11�Y11 vase a m a EASMT.S& W.doe Legal Description Meridian (S( Store #3090 - City of Meridian - Easement No. 2 An easement being located In a portion of the NW Yn of the NF_ Y of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 Inch diameter iron pin marking the northeast corner of said NW %of the NE %, from which a brass cap monument marking the northwest corner of said NW 1% of the NE Y+ bears N 89'47'17` W a distance of 1309.33 feet; Thence S 0°44'15' W along the easterly boundary of sold NW % of the NE'/ a distance of 40.00 feat to a point on the southerly right-of-way of Overland Road; Thence leaving said westerly boundary N 09047'17" W along said southerly right -of -Way a distance of 445.39 feel to the POINT OF BEGINNING; Thence leaving said southerly right-of-way S 0"00'51" E a distance of 10.94 feet to a point; Thence 5 89°59'09" W a distance of $0-00 feet to a point; Thence N 0°00'81" W a distance of 19,08 feet to a point said southerly right-of-way; Thence S 89°47'17" E a distance of 30.00 feet to the POINT OF BEGINNING; This easement contains 570 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC May 2, 2012 �.. ' unawnm"v+nac"w"wva Meridian (S). ID #3093-00 Sanitary Sewer and Water Main Easement 2022269.1 8/26/13 w. ovenmamieavvm ura ea+ay Jab Na 11-W EASMT.S&W.doc Legal Description Meridian (S) Store #3090 — City of Meridian - Easement No. 3 An easement being located In a portion of the NW Y of the NE % of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 618 Inch diameter iron pin marking the northeast corner of said NW Y4 of the NE Y., from which a brass cap monument marking the northwest corner of said NW Y of the NE Y. bears N 89°47'17" W a distance of 1309.33 feet; Thence 8 0°44'15" W along the easterly boundary of said NW '/n of the NE A a distance of 332.15 feel to the POINT OF BEGINNING; Thence continuing along said easterly boundary 8 0"44'16" W a distance of 39.84 feet to a point; Thence leaving said easterly boundary N 89'47'16'W a distance of 17,66 feet to a point; Thence N 0"12'44" E a distance of 39.83 feel to a point; Thence S 89°47'16" E a distance of 17.92 feet to the POINT OF BEGINNING; This easement contains 707 square feet and la subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PG May 2, 2012 _ NpL LA aa""�smmo,aAU.A 5'nV L_. — umsunw"e„bc",a"n,g mnxo. eo Meridian (S). ID #3093-00 Sanitary Sewer and Water Main Easement EASMT.S&W.doc 2022269,1 8/26/13 Legal Description Meridian (S) Store #3090 - City of Meridian - Easement No. 4 An easement being located in a portion of the NW %+of the NE % of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 6/8 Inch diameter iron pin marking the northeast corner of said NW A of the NE Y,, from which a brass cap monument marking the northwest corner of said NW % of the NE Y bears N 89647'17" W a distance of 1309.33 feet; Thence S 0"44'15" W along the easterly boundary of said NW % of the NE % a distance of 664.47 feet to the POINT OF BEGINNING; Thence continuing along said easterly boundary S 0044'15'W a distance of 40.94 feet to a point; Thence leaving said easterly boundary N 89"47'16'W a distance of 53.56 feet to a point; Thence S 0°12'44" W a distance of 48.09 feet to a point on the northerly boundary of Bear Creek Subdivision No. 2 as shown in Book 83 of Plats on Page 9186, records of Ada County, Idaho; Thence N 89"47'17" W along said northerly boundary a distance of 41.66 feet to a point Thence leaving said northerly boundary N 0"12'44° E a distance of 30.00 feet to a point; Thence N 8947'17'W a distance of 1[',0.70 feet to a point; Thence N 0°12'43" E a distance of 246.11 feetto a point; Thence 8 80'47'17" E a distance of 31.0 feet to a point; Thence S 0"12'42" W a distance of 20.00 feet to a point; Thence N 89'47'16"W a distance of 11.00 feel to a point; Thence S o"12'43" W a distance of 206.11 feet to a point; Thence S 89°47'17" E a distance of 162.36 feet to a point; Thence N 0°12'44" E a distance of 18.10 feet to a point; ' Thence S 89"47'16" E a distance of 35,08 feet to a point; Thence N 0012'44" E a distance of 20.93 feet to a point; Thence S 89"47'16" E a distance of 38.85 feet to the POINT OF BEGINNING; This easement contains 0.2a acres and Is subject to any other easements pL LA N existing or in use. FON Clinton W. Hansen, PLS a Land Solutions, PC a 8 May 2, 2012 n m� S10T)I-z- L4- d - Cl yynry O+mhnWSlmU"NNTASurvey 6=i'�Iti4J if���4tlltbns 1m No.11ao (�.-•'an"wmymq mn amw,mJ Meridian (S).1D #3093-00 Sanitary Sewer and Water Main Easement EASMT.S&W.doc 2022269.1 8/26/13 10 EXHIBIT B N y w FA m ..........sryh..............• a R)urHxn c -'- NN )j._.• •"•. M.B/,IY.05 ,09YgL _ BsAnn Fa iY9D •••r••• OC) MmN 1 W g CBT 31Y YMY1Y 5 4 1N ct 2 1�1 yQ Z UJ t gz---At XV40 S --- I I .: uj O --' QV I i n Li I LU 4 � iat la.: a axe Ailix ;z . .. m1g'e'`a°ec x�;6_e�xaae i g5�'a€est = g L-1 L47 Zz �^ k 3353359 cy a=:sg,g "1?75�599 ;gaa Ly N I rk ggg ! 2Y w S Y `:allrr biili k ..• W �.... 2 z &. �]i CORY $ P.• °; g gN A�®a q' 0LJ �� xzzx`.x a xx xaret x° r„tiy G � w i 9� W 7 S ES 99p $ go8' k � O 4-o `a9.a 5po..33'�.99 5535Y5959 9 �' M Z pppp� p W n CF– 11 msva . M`urtos =Jn ..—.mzrt_.»ur/.Bs l� 8 �4 ORlit Nis Q I. r — ;mywG " 3.ictio ti — .. Oy q..QA, coUq t y N Z I A wI I� yo NP, 0 adsG`� I rd) )•<�I: rr � ,Si .Zf6Hd MstfltoS �l91 /`� - 3AYtLOM—��8� �W h ,iB pdg C/) r /d .v N },01) 3 ISO N_{ —C IMAI% •m5/L u1 .LOYD! r.3 '�rIYB➢ WBS QWQ:e/S 5� M.r/•/ROS Meridian (S). ID #3093-00 Sanitary Sewer and Water Main Easement 2022269.1 8/26/13 11 EASMT.S& W doc Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: 4H PROJECT NUMBER: ITEM TITLE: EMS Joint Powers Agreement Renewal Renewal of Emergency Medical Services Joint Powers Agreement 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 JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY Establishing the Ada County -City EMS System ("ACCESS") This Joint Powers Agreement (the "Agreement') is entered into by and between Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, North Ada County Fire and Rescue District, and Star Joint Fire Protection District, and is effective as of the last date of execution of this Agreement. RECITALS; PURPOSES; AUTHORITY Purpose. The Purpose of this Agreement is to establish the Ada County -City EMS System (the "System") and Joint Powers Board appointed by the respective Parties authorized to operate and manage the joint, coordinated, and unified provision and maintenance of pre- hospital, emergency and non -emergency medical services, including medical transport, rescue, and extrication services, within all county, city, emergency medical services district, and fire district jurisdictions within the System Area in order to provide certainty, consistency and economy in the management and delivery of EMS services. 1. Sections 67-2326 through 67-2333, Idaho Code, provide that public agencies may enter into agreements with one another for joint or cooperative action which includes, but is not limited to, joint use, ownership, and/or operation agreements and interagency contracts for service, activity or undertakings. This Agreement is, and shall be construed as, a joint powers agreement enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code. 2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to enter into intra -agency and mutual aid agreements. 3. The Ada County Board of Commissioners, in its capacity as the governing board of the Ada County Emergency Medical Services District ("ACEMS District') pursuant to Chapter 39, Title 31, Idaho Code, provides emergency medical services in Ada County. ACEMS District currently holds an Advanced Life Support Level 1 EMS transport license issued by the state of Idaho. 4. The Parties to this Agreement have various levels of EMS licenses issued by the state of Idaho. Each Party shall be responsible to maintain such EMS license. Subject to Board approval nothing in this Agreement shall prevent a Party from obtaining a higher level of licensing. 5. The governing boards of the Parties have determined that it is in the best interests of each Party and their taxpayers and for the persons residing and found within their respective boundaries, to create the System. Now, for and in consideration of the mutual covenants and promises herein set forth, and JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 1 6/5/2013 for other good and valuable consideration hereby acknowledged by the Parties to this Agreement as having been received, the Parties hereby mutually promise, covenant and agree as follows: AGREEMENT ARTICLE I DEFINITIONS When used herein, the following words shall have the attendant meaning: 1.1 "ACEMS District" means the Ada County Emergency Medical Services District, a Party to this Agreement. 1.2 "Ada County -City EMS System" means the Ada County -City EMS System as herein created and may sometimes be referred to as the "System" or "ACCESS." 1.3 "Ambulance" means any privately or publicly owned motor vehicle or nautical vessel, authorized to provide service in the System, used for, or intended to be used for, the transportation of sick or injured persons who may need medical attention during transport. This may include dual or multipurpose vehicles. 1.4 "Ambulance Service" means an agency, licensed to operate within the System, with the intent to provide personnel and equipment for medical treatment at an emergency scene, during transportation or during transfer of persons experiencing physiological or psychological illness or injury who may need medical attention during transport. 1.5 "Default" means any violation, failure to perform, or breach of any covenant, agreement, term or condition of this Agreement. 1.6 "Emergency Medical Services" or "EMS" means the system utilized in responding to a perceived individual need for immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. 1.7 "Joint Powers Board" means the System Joint Powers Board, ("Board"), formed pursuant to this Agreement, which is authorized to administer this Agreement on behalf of the Parties. 1.8 "Parties" means Ada County, the cities and districts that have executed this Agreement. 1.9 "Inclusive Area Party Agencies" means Public Agencies that are Parties to this Agreement whose boundaries include area only within Ada County, state of Idaho. 1.10 "Non -Inclusive Area Party Agencies" means Public Agencies that are Parties to this Agreement whose boundaries include area within Ada County and within Canyon County, or any other neighboring county to Ada County, state of Idaho. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 2 6N2013 1.11 "Non -transport Service" means an agency with associated apparatus and personnel licensed to operate within the System, operated with the intent to provide personnel or equipment for medical stabilization at an emergency scene, but not intended to be the service that will actually transport sick or injured persons. 1.12 "Public Agency" means any city or political subdivision of this state, including, but not limited to emergency medical service districts; fire districts; cities; and any other government subdivision of the state of Idaho, including any agency of the state of Idaho holding a current EMS license and providing EMS within or contiguous to the boundaries of Ada County. 1.13 "System Area" means all the geographic area within the boundaries of the "Inclusive Area Party Agencies" and those designated areas for inclusion within the System which are also within the boundaries of the "Non -Inclusive Area Party Agencies." 1.13.1 The "System Area" may be modified, upon consent of all Parties, to include area within an adjoining county; 1.13.2 The "System Area" may be modified, upon consent of all Parties, to exclude area within Ada County upon the condition the area excluded will then be subject to alike "System" in an adjoining County. ARTICLE II THE ADA COUNTY -CITY EMS SYSTEM (SYSTEM) 2.1 Establishment of the System. There is hereby established the Ada County -City EMS System. The System shall be created for the express purpose of providing for joint management, provision, operation, and maintenance of pre -hospital emergency and non- emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The System shall exist as a joint exercise of the authority to provide EMS services by all the Parties to this Agreement, and shall be administered by a Joint Powers Board as provided in Article IV of this Agreement. The System, through the Joint Powers Board, Administrative Committee, and the Medical Directorate, shall establish standards and provide for the coordinated management, provision and maintenance of pre -hospital, emergency, and non -emergency medical services, including medical transport, rescue, and extrication services, within the System Area. 2.2 Scope of Services and Operation. The System shall coordinate the management, provision, operation and maintenance of pre -hospital, emergency, and non -emergency medical services, including medical transport, rescue, and extrication services within the System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services of the System within the System Area. By this Agreement, the Parties agree to cooperatively exercise their respective powers within the System Area in a manner consistent with this Agreement. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 3 6/5/2013 ARTICLE III PARTIES, DURATION, AMENDMENT, WITHDRAWAL AND TERMINATION 3.1 Parties to this Agreement. The Parties to this Agreement are Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, North Ada County Fire and Rescue District, and Star Joint Fire Protection District. Each Party intends to and does by this Agreement contract with each other Party and any other Agencies as may later be added. Additional Parties may be added by resolution of the Board and amendment of this Agreement. Each Party agrees that the removal of any Party from this Agreement does not affect this Agreement with respect to each remaining Party. 3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its Execution Date through September 30, 2013. Thereafter this Agreement may be renewed for successive one (1) year terms. Renewal terms shall be effective from October 1 through September 30 of each successive calendar year. A Party may renew this Agreement by providing written notice to all other Parties. 3.3 Amendment. This Agreement may be amended only by written agreement of the Parties. 3.4 Withdrawal. 3.4.1 No Party shall withdraw from this Agreement unless it demonstrates one or more of the following circumstances: 3.4.1.1 The withdrawing Party is insolvent or otherwise financially unable to carry out its obligations under this Agreement; 3.4.1.2 A court has determined that it is unlawful for the Party to continue to perform under or be Party to this Agreement; 3.4.1.3 A material breach of any term of this Agreement has occurred; or 3.4.1.4 Two or more Parties, after signing, consolidate services and wish to combine their representation under this Agreement as part of said consolidation. 3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days before the effective date of withdrawal. However, a withdrawal shall not be effective if the condition or conditions giving rise to the withdrawal are cured to the reasonable satisfaction of the withdrawing Party within sixty (60) days after the date of notice of withdrawal is provided. 3.4.3 Withdrawing Party to Cease EMS Services In Service Area. Each Party / agrees, as a special consideration to each other Parry, that in the event they withdraw from this Agreement, either by voluntarily withdrawing or for cause by JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 4 6/5/2013 default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Department of Health and Welfare Bureau of EMS as that license authorizes EMS services in the System Area by that Party. In the event a withdrawing Party fails to cease to provide EMS services in the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. 3.5 Complaints. The authority to investigate a complaint against a Party may be conducted by the Administrative Committee or by the Board, when involving cause for termination. Member/s of the Party or Parties who are the subject of the complaint cannot vote on motions to proceed with the investigation or matters related to the conduct or financing of the investigation. Each Party shall cooperate with any investigation of complaints regarding performance of services governed under this Agreement. 3.5.1 Complaints involving personnel of a Party are to be treated as described in Section 8.5.3 of this Agreement. 3.6 Party Termination. 3.6.1 For Cause. A Party may be terminated from this Agreement by action of the Board for cause in the. event they are in default of this Agreement. Prior to termination of a Party the Board shall conduct a hearing to determine if there is a default of this Agreement that has not been cured by the defaulting Party. The following procedures shall be met: 3.6.1.1 The Board shall provide to the defaulting Party fourteen (14) days written notice of a hearing to show cause. 3.6.1.2 The notice shall specify the reasons for the default and the intention to terminate the Party as a Party to this Agreement. 3.6.1.3 In the event the default is cured within the fourteen (14) days and before the commencement of the scheduled hearing before the Board, the Board shall so note on the record of the proceedings and the hearing shall then be concluded. 3.6.1.4 In the event the default is not cured, the Board shall, upon conclusion of their deliberation, issue findings of fact and conclusions of law and order of decision within thirty (30) days of the date of the hearing. 3.6.1.5 A Board member representing a Party that the Board is considering terminating shall recuse himself/herself from voting on the termination and all proceedings involved in the matter of termination. 3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 5 6/5/2013 / this subsection shall not constitute a termination of the entire Agreement, and the remaining Parties shall continue to perform under this Agreement for the remainder of the contract term. 3.6.3 Terminated Party to Cease EMS Services In Service Area. Each Party agrees, as a special consideration to each other Party, that in the event they are terminated from this Agreement, either by voluntarily withdrawing or for cause by default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Idaho Department of Health and Welfare EMS Bureau as that license authorizes the provision of EMS services in the System Area by that Party. In the event a terminated Party fails to cease to provide EMS services in the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. ARTICLE IV ADMINISTRATION OF THE ADA COUNTY -CITY EMS SYSTEM JOINT POWERS BOARD 4.1 Establishment of the Joint Powers Board; Membership; Officers. 4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board of the System. The Joint Powers Board shall serve as the governing board of the System and operate the System on behalf of the Parties. 4:1.2 Joint Powers Board Membership. The Ada County -City EMS System shall be governed by the Board whose membership shall consist of one (1) elected official representing each Party, and a total of two (2) elected officials of the ACEMS District/Ada County Board of Commissioners. 4.1.2.1 Each Party shall also designate an alternate elected official to serve in the absence of their designated Board member. 4.1.2.2 Each Party's appointee shall be given the authority to vote on all matters before the Board with the exception of financial decisions requiring the appropriation and/or expenditure of funds by the Party. 4.1.3 Officers. Annually in January the Joint Powers Board shall appoint a chairman, vice chairman, and secretary whose primary responsibilities are as follows: 4.1.3.1 The Chairman shall be a member of the Board and shall conduct all meetings of the Board and execute all contracts and resolutions on behalf of and as authorized by the Board and any other duties assigned by the Board; and 4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 6 6/52013 the functions of the Chairman in the absence of the Chairman and any other duties assigned by the Board; and 4.1.3.3 The Secretary may or may not be a member of the Board and shall be responsible for posting agenda notices and preparation of minutes of the Board and for maintaining the records of the Board and any other duties assigned by the Board; and 4.1.3.4 These officers shall have no powers or duties except as provided in this Agreement. 4.2 Powers, Duties and Operations of the Joint Powers Board. 4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to operate and manage the System. In order to accomplish the Purpose of this Agreement, the Joint Powers Board shall have, in addition to other powers provided herein, the authority to adopt procedures for its operation as well as to adopt standards for the coordinated management, provision, operation and maintenance of pre -hospital, emergency, and non -emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The Board shall have discretionary powers to manage and conduct the business and affairs of the Ada County -City EMS System. However, the governing board of a Party shall approve any action that will financially obligate that Party. The discretionary powers shall include, but not be limited to, the following: 4.2.1.1 Receive recommendations from the Administrative Committee and the Medical Directorate; 4.2.1.2 Approve procedures for the operation, meeting, and other administrative matters of the Board and the System; 4.2.1.3 Approve the Standard Operating Procedures for the System. However, any standards approved regarding qualifications for holding a position shall provide an exemption for any personnel of any Party who at the effective date of this Agreement holds such a position unless contrary to law; 4.2.1.4 Adopt medical protocols and other matters related to the Medical Directorate; 4.2.1.5 Approve response standards, including policies regarding dispatch responses; 4.2.1.6 Provide recommendations to a Party's respective governing body regarding the Party's agency licensure levels within the System; JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 7 6/5/2013 4.2.1.7 Recommend for approval, as set forth in section 4.4 of this Agreement, a budget and financial plan as well as subsequent funding, including joint purchasing of property; 4.2.1.8 Approve the allocation of resources, including stationing of personnel and vehicles; 4.2.1.9 Adopt a training and education plan for licensed personnel; 4.2.1.10 Approve the deployment plan of EMS equipment; 4.2.1.11 Recommend that the Board acquire, hold, and dispose of real and personal property jointly owned by and used in the System; 4.2.1.12 Deal with other matters necessary and convenient in furtherance of the Purpose of this Agreement; 4.2.1.13 Identify matters that require approval of the Parties' governing boards; 4.2.1.14 Comply with the Idaho Open Meetings laws; 4.2.1.15 Operate on a fiscal year from October 1 through September 30; and 4.2.1.16 Adopt, administer and implement EMS standards, protocols and procedures. If EMS standards, protocols and procedures adopted by the Board impose higher standards than are required by any state statute or rule the standards and procedures adopted by the Board shall apply to the Parties to the extent allowed by law in the System Area. 4.2.2 As required by law, the Board shall report to the Idaho Department of Health and Welfare EMS Bureau any findings of Agency violation of state EMS laws or rules which occurred within the System Area. 4.2.3 Resolutions and Board procedures shall be compiled and organized according to subject and maintained by the Joint Powers Board, which shall provide each Party with a copy of all resolutions and procedures. 4.2.4 The approval of the governing board of each Party is required for any matter approved by the Joint Powers Board that includes financial contribution by a Party, including the purchase of real property and personal property. 4.3 Meetings, decisions, and communication. The Board shall adopt rules of procedure for the conduct of their meetings that are consistent with the provisions of this Agreement. 4.3.1 The Board shall meet regularly to confer and carry out the business of the Board and the System in the following manner: JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 8 6/52013 4.3.1.1 For all meetings of the Board fifty percent (50%) plus one (1) of the members of the full Board shall constitute a quorum for the purposes of conducting business. 4.3.1.2 All motions, resolutions, and actions of approval on any matter by the Board require a unanimous vote of the Board members present. 4.3.1.1.1 In regards to matters before the Board that only involve a combined licensure as provided in Article V of this Agreement, only the Board members of Parties that have combined their licenses may vote. 4.3.1.3 The Board must provide at least fourteen (14) days advance written notice to all Parties when considering all matters requiring a vote of the Board members. 4.3.1.4 Only Board members, or their alternates, shall have voting privileges. 4.3.1.5 In the event a Party's Board member or designated alternate fails to attend three (3) consecutive meetings or fails to attend more than one- half of the meetings of the Board within a calendar year, notice of absence shall be sent to the offending Party which notice shall be withdrawn if the offending Party's Board member appears at the next regularly scheduled meeting and shows good cause for the absences and presents a commitment to regular attendance in the future. In the event the offending Party does not appear and show good cause then the same shall constitute a material breach of the terms of this Agreement and the offending Party will be subject to termination provisions of Section 3.6 of this Agreement and the notice of absence shall stand as a notice of default. 4.3.2 The Board shall provide to the governing boards of the Parties to this Agreement a written annual report concerning the status of the System, at a date set in the procedures of the Board, but in no event not less than once per year. This report shall include all matters the Joint Powers Board determines are relevant to the operation of the System and any matter that may be required by the State EMS Bureau or by state or federal law. 4.4 Finances. On or before March 1 of each year, the Board shall propose an Ada County - City EMS System Budget (the "Budget") for approval by the ACEMS District Board. 4.4.1 The Budget shall include vehicle license registration fees designated for and remitted to the ACEMS District for that fiscal year. The Budget may also include contribution payments to the System by the Parties to this Agreement. Commencing in the fourth renewal year of this Agreement, the Budget shall also include property tax funds contributed for that fiscal year by the ACEMS District r Board pursuant to Chapter 39, Title 31, Idaho Code. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 9 6152013 4.4.2 The Budget shall identify anticipated expenditures for the System up to the amount included in the Budget in Section 4.4.1. The expenditures in the Budget shall be developed in accordance with the statutory purpose that the vehicle license registration fees be used for the provision of EMS services within the ACEMS District. Further, commencing in the fourth renewal year of this Agreement, the expenditures in the Budget shall be developed in accordance with the statutory purpose that the property tax funds levied by the ACEMS District shall be used for the provision of ambulance service within Ada County. 4.4.3 A division for the System shall be established within the ACEMS District Budget, which shall include income line items and expenditure line items as allocated by the ACEMS District Board. The income line items shall include, if applicable: (1) vehicle license registration fees as described in Section 4.4.1 above; (2) contribution payments from the Parties; and (3) tax funds being contributed by the ACEMS District for System expenditures as described in Section 4.4.1 above. The expenditure line items shall include, if applicable: (1) personnel expenses; (2) capital expenses; and (3) operating expenses. 4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS District, then on or before March 1, the Board shall submit the Budget to each Party's governing board for the appropriation of any contribution payment by that Party. f 4.4.5 The Parties shall set their own budgets in a timely manner with consideration to the Budget as proposed by the Board. 4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval, then the Parties shall set their own budgets. 4.4.7 Capital investments requiring additional expenditures will be funded through extra appropriations as proposed by the Board, subject to approval by each Party's governing board. 4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code, the Board, subject to approval of the Parties' governing boards as required by other provisions of this Agreement, may authorize joint purchasing of any real or personal property consistent with the laws of the state of Idaho. Prior to the Board approving any joint purchase, the Board shall identify by resolution the plan for distribution and/or ownership of property jointly owned by the Parties upon the withdrawal or termination of a Party. 4.6 Agreements with other Medical Service Providers. The Board may enter into agreements with medical service providers other than those that are Parties to this Agreement in order to provide for EMS services and/or to provide mutual aid to the System or any medical service provider. Such agreements may be with public or private agencies and may incorporate any of the terns and conditions contained herein and any other terms and conditions the Parties may deem appropriate. Such agreements shall not authorize a medical service provider to directly compete with any Party to this Agreement for the provision of EMS services, nor shall such agreement extend any voting rights to JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 10 6/5/2013 r' any Party to this Agreement for the provision of EMS service, nor shall such agreement extend any voting rights to the Party with whom the agreement is made. ARTICLE V LICENSURE 0.1 Inclusive Licensure. The Parties hereby agree to maintain their state -issued EMS licenses and operate in accordance with the laws of the state of Idaho and associated regulations of the Idaho Department of Health and Welfare. 5.2 Establishment of the Ada County -City EMS System. The Board shall, together with the Parties' governing boards, comply with Idaho Code §§ 53-501-510, "The Assumed Business Names Act of 1997" to conduct the business of the System under the name and style of Ada County -City EMS System. 5.3 Combined Licensure. Any of the Parties to this Agreement may agree to combine their state -issued EMS licenses and to operate under one EMS license as provided by the laws of the state of Idaho and regulations of and as authorized by the state of Idaho Department of Health and Welfare Bureau of EMS. 5.4 Transition Process. Those Parties agreeing to combine their state -issued EMS licenses will do all things necessary to accomplish the transition of combining their EMS licenses and to begin and continue operating lawfully under the Ada County -City EMS System. 5.5 Creation of a DBA. When any of the Parties to this Agreement agree to combine their state -issued EMS licenses and operate under the EMS license of the Ada County -City EMS System the Board, with all Board members eligible to vote, will establish a DBA, which will hold the EMS license for the participating Parties. ARTICLE VI ADMINISTRATIVE COMMITTEE 6.1 Establishment of the System Administrative Committee. There is hereby established an Ada County EMS System Administrative Committee. The Administrative Committee shall serve to make recommendations to the Board. 6.1.1 Administrative Committee Membership. Voting members of the Administrative Committee shall consist of a chief administrative official from each Party. In addition, non-voting members may be invited to participate including, but not limited to: a representative from the Ada County Emergency Communications Center, representatives from hospitals located within the System, representatives from the Medical Directorate, and other EMS or health r care agencies with a shared interest in emergency medical services. All actions \. regarding a recommendation to the Board shall require a two-thirds (2/3) JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 11 6/52013 ( majority vote of all voting Administrative Committee members present. Each Party shall designate an alternate member who, in the absence of their Administrative Committee member, shall have the right to a proxy vote on all matters presented for a vote. 6.1.2 Administrative Committee Ex -officio Membership. Any legal entity or person who is providing EMS Services in the System Area under a current license issued by the EMS Bureau, either as air medical services, ambulance services, and/or non -transport services, may apply for membership on the Administrative Committee as an Ex -officio member with rights to participate in the meetings subject to the rule of the chairman, without the right to vote and without a right to participate in or attend any executive session matter or on any agenda item involving personnel or a claim of default of a Party. 6.1.3 Officers. Annually, in January, the Administrative Committee shall appoint a chairman, vice chairman, and secretary whose primary responsibilities are as follows: 6.1.3.1 The Chairman shall be a member of the Administrative Committee and shall conduct all meetings of the Administrative Committee, and shall act as the spokesperson for the Administrative Committee when presenting to the Board. 6.1.3.2 The Vice Chairman shall be a member of the Administrative Committee and shall carry out the functions of the Chairman in the absence of the Chairman and any other duties assigned by the Administrative Committee. 6.1.3.3 The Secretary may or may not be a member of the Administrative Committee and shall be responsible for posting agenda notices and preparation of minutes of the Administrative Committee. The agenda for each meeting shall be sent to the members fourteen (14) days before the meeting date. 6.1.3.4 These officers shall have no powers or duties except as provided in this Agreement or conferred by the Board. 6.2. Purpose. The purpose of the Administrative Committee is to provide operational expertise as outlined in the Administrative Committee procedures and to make recommendations to the Board. The Administrative Committee will meet at least bi- monthly, but may meet more often depending on need. 6.3. Responsibility. The Administrative Committee responsibilities shall include, but are not limited to, the following: 6.3.1 Development, maintenance, and annual review of the Ada County -City EMS JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 12 6/5/2013 System Operation and Finance Plan to include, but not limited to: System deployment plan, System staffing levels and licensure levels, current and future funding needs, capital improvement plan, determination of System performance levels, assuring a quality management program, development of a System training and education plan, and other functions not specifically identified but intended to meet the requirements for the safe and efficient operation of the EMS System. 6.3.1.1 Review and update annually any change in System configuration. 6.3.1.2 Prepare, in accordance with the provisions of this subsection, any reports, Standard Operating Procedures, Quality Improvement Plan, Quality Assurance Plan or budget recommendation to submit to the Board for approval prior to publication and implementation. 6.3.1.3 Provide for the coordination, planning, and provision of transport and non -transport EMS services between the Parties, which may include air medical service within the System Area. Ensure that EMS services are rendered in a timely and cost effective manner, at an optimal level of care. The Administrative Committee shall consider the current EMS standards, existing EMS service capabilities, trends, desired goals, and future EMS service capabilities for each planning component with due consideration of the limited funds available to provide such services. 6.3.1.4 The Administrative Committee shall consider, along with its accompanying maps, charts and reports, the following components and criteria: 6.3.1.4.1 The current emergency medical services system structure and performance; 6.3.1.4.2 Emergency medical services resources and capability throughout the System, to include licensees, employees, contractors, volunteers, and any demonstrated need for change; 6.3.1.4.3 Population and other pertinent demographics within the EMS System, including analyses of hospital services and past, present, and future trends in population and characteristics such as age, mortality, insurance and revenue to support EMS within the System Area; 6.3.1.4.4 Other EMS factors, including but not limited to response time standards, medical standards of care, required staffing, EMS equipment and facilities standards within the System Area, EMS System deployment plans, mutual aid agreements, competency management strategy, JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 13 6/5/2013 compensation/reimbursement plan, and data collection plan; 6.3.1.4.5 Recommended performance standards that are currently recognized under national, state and local standards and guidelines; and 6.3.1.4.6 Private EMS provider's services and capabilities within the Service Area. 6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any Medical Service Providers under contract pursuant to Section 4.6 of this Agreement. 6.3.3 Receive communications, review and make recommendations to the Board regarding any ongoing operational and/or planning and/or funding issues in order to coordinate EMS service and resources, transport and non -transport and air medical service, within the System Area. 6.3.4 Conduct EMS services informational meetings and consult with public officials and agencies, the medical community, the public, and civic, educational, professional, or other organizations. 6.3.5 Other duties as may be assigned by the Board. ARTICLE VII SYSTEM MEDICAL DIRECTORATE 7.1 Establishment of the System Medical Directorate; Standards and Procedures. There is hereby established a System Medical Directorate. The Medical Directorate composition shall be two (2) qualified physicians as recommended by the Administrative Committee and appointed by the Board. The Medical Directorate members shall appoint a chairman, who shall set the agenda and preside over the meetings, serve as the spokesman for the System Medical Directorate, and serve as an ex -officio member of the Administrative Committee. The Board shall adopt administrative guidelines and procedures concerning the conduct and the responsibilities of the System Medical Directorate. 7.2 Purpose of the System Medical Directorate. The System Medical Directorate executes the duties and functions in accordance with the laws of the state of Idaho, the Rules and Regulations of the Idaho EMS Physicians' Commission, the state of Idaho EMS Bureau, and any other rules or regulations concerning emergency medical services. 7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical Directorate shall be binding upon the Parties, unless otherwise specifically noted within this Agreement. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 14 6/5/2013 7.4 Responsibility. The Ada County -City EMS System Medical Directorate shall have and exercise the following duties: 7.4.1 Be responsible for the clinical management and medical oversight of the Parties' EMS services within the System Area and for compliance with the rules and regulations of the Idaho EMS Physicians' Commission, rules and regulations of the State of Idaho EMS Bureau and any associated rules and regulations concerning emergency medical services; 7.4.2 Determine the content of the System's Medical Supervision Plan; 7.4.3 Assess clinical ramifications of field operating procedures; 7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals; 7.4.5 Establish the scope of practice of EMS personnel functioning within the System as required by the rules of the EMS Physician Commission and/or performance requirements as set forth by the System; and 7.4.6 Identify opportunities for improving the quality of medical care delivered to patients in the out of hospital setting within the System Area. 7.5 Meetings. The System Medical Directorate shall meet at least bi-monthly and at the call of the chairman. All meetings shall be conducted and noticed in accordance with the Idaho Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any meeting rules adopted by the Board. A majority of the System Medical Directorate shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power. Each member of the System Medical Directorate may cast one vote during decision-making. ARTICLE VIII OTHER OBLIGATIONS OF THE PARTIES 8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards established by the laws of the state of Idaho and associated regulations, as well as any other applicable federal law and/or regulation. 8.2 Agreement, Standards, Resolutions and Procedures Binding. The Board has the authority to cooperatively exercise the powers of each Party in furtherance of the purposes of this Agreement and the operations of the System to the extent conferred by this Agreement, and to the extent allowed by governing law. 8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the resolutions and procedures adopted by the Board within the powers granted to it by this Agreement. 8.2.2 Each Party further agrees to do all things necessary and lawful to accomplish the purpose of this Agreement, including adoption of any ordinance or resolution JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 15 6/5@013 necessary to authorize the Party to perform under this Agreement. 8.3 Insurance. Each Party shall maintain a plan of insurance or self-insurance for comprehensive liability in compliance with the Idaho Tort Claims Act, Title 6, Chapter 9, Idaho Code. 8.4 Billing and Collection. Each Party is responsible for arranging the billing and collection of fees charged for the services it provides. 8.5 Individual Operation of the Parties; Allocation of Resources According to Standards Adopted by Board; Furnishing of Equipment. The Board will establish procedures and standards as well as specific direction for allocation of resources and personnel within the System as well as other subjects as provided herein. Except as provided by the System by action of the Board, each Party will provide its own equipment and supplies on its vehicles, for its personnel, payroll, and its stations. All Parties will retain control over those matters not related to the System or this Agreement, which may include, but is not limited to: budgeting, personnel decisions, equipment, offices, payroll, day-to-day operations and other related matters not impairing the operation of the System or functioning of the Board. 8.5.1 Personnel. This Agreement does not create a separate legal entity and therefore the Board shall have no authority to employ personnel directly. Personnel additions and reductions are matters entirely under the authority of the Party employing the personnel. The Board shall not take any action which is intended to terminate the employment of any employee, who is employed by a Party on the effective date of this Agreement. 8.5.2 Party Compliance with laws governing Personnel. Each Party is responsible for their compliance, in the performance of any services under this Agreement, with Idaho Code Section 67-5901 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000, et seq., as amended by the Civil Rights Act of 1991, the American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq. as amended by the American with Disabilities Act Amendments of 2008, the Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq. the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq. 8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate complaints referred from the Board, the Administrative Committee, or the Medical Directorate made by or against the Party's employees concerning matters related to their performance of services governed under this Agreement. This does not require a Party to report the results of any investigation. Each Party retains control of its personal property, personnel records, reports, and other documents for purposes of resolution or remediation of complaints. 8.6 Medical Supplies. Each Party shall provide necessary medical supplies for their personnel and equipment to operate within the System. Upon direction from the Board, JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 16 6i5noi3 the Parties shall endeavor to engage in joint purchasing of medical supplies in order to realize cost savings. 8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify, defend, and hold harmless each other Party, their officers, agents, and employees, from and against all claims, losses, actions, or judgments for damages or injury to persons or property arising from or connected to the acts and/or activities of it and/or its agents, employees, or representatives pursuant to and under the terms of this Agreement to the extent allowed by law. ARTICLE IX ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY 9.1 Management of Funds and Administrative Support. The ACEMS District shall provide for the day-to-day management of the System funds as proposed by the Board through the policies and procedures established by the ACEMS District. The ACEMS District shall also provide administrative support for the Board. 9.2 Financial Advice. Ada County may make available a financial manager to the System from time to time in order to monitor the System's financial situation and to consult with the Board concerning the same. The Board may seek their own financial manager as needed. 9.3 Legal Counsel. The Parties agree to make their respective legal counsel available for use by the Board, subject to a mutual agreement between the Party and the Board regarding the legal services to be provided and payment for those services. 9.4 Ambulance Service. The ACEMS District shall continue to provide ambulance service through its ambulance taxing district within the boundaries of the District. 9.5 Medical Supervision. The ACEMS District shall provide for a minimum of one Medical Director for the System Medical Directorate. ARTICLE X NOTICE 10.1 All notices provided for in this Agreement are to be sent to the Secretary who shall provide said notice to each Party. 10.2 Each Party shall designate in writing to the Secretary their address for the receipt of official notices. 10.3 The effective date of notice given pursuant to this Agreement shall be three (3) days after the date of posting with the U.S. Postal Service of notice sent to the Secretary or upon the day of notice sent by facsimile or e-mail to the Secretary. 10.4 Secretary Notice Duties. The Secretary shall: JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 17 6/5/2013 % 10.4.1 Receive from the Party(s) and distribute to all Parties the following: 10.4.1.2 Notices provided for in this Agreement; and 10.4.1.3 The minutes and all official actions of the Joint Powers Board. 10.4.2 Keep a current registry of the correct legal name and address of all Parties to this Agreement, each Board member, and each alternate. 10.4.3 Process notices of withdrawal and termination as provided in Article III, Sections 3.4 and 3.6 herein and proposals for amendment of this Agreement as provided in Article III, Section 3.3 and Article XI herein. ARTICLE XI AMENDMENT PROVISIONS This Agreement may only be amended in accordance with the following process: 11.1 An amendment maybe proposed by a Party and/or by the Board. 11.2 A proposed amendment must be in writing and must include strikethrough of any language to be deleted and underline of any new language of the proposed amendment. Any proposed amendment will be considered an amendment to the entire Agreement and must be submitted in that fashion. 11.3 A proposed amendment shall contain a Statement of Purpose, which shall include a statement of how the Parties will be affected by the amendment; the Party to contact for information; and the amended Agreement text. 11.4 The proposing Party shall also prepare and submit to the Secretary a Restated and Amended Agreement form for service by the Secretary in the event the proposed amendment is approved. 11.5 The proposed amendment text, Statement of Purpose and a Restated and Amended Agreement form shall be served upon the Secretary by the proponent Party or Board, as the case may be. 11.6 The Secretary shall determine if the Proposed Amendment is in compliance with this Article and shall advise the proponent Party in the event it is not. 11.7 If the amendment proposal is in compliance with this Article, the proposed amendment shall be served and submitted to the Parties to this Agreement by the Secretary. 11.8 All Parties' approval is required for the approval of an amendment to this Agreement. 11.9 Parties must submit their approval, or their disapproval with reasoning, in accordance with service of notice as provided in this Agreement and within sixty (60) days of the JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 18 6/52013 date of the cover notice from the Secretary. 11.10 The Secretary shall tally the approvals and or disapprovals within a reasonable time, or in the case of no response, then soon after the sixty (60) day period for response. The amended Agreement shall be effective after all Parties have duly signed. 11.11 The Secretary shall then give notice to the Parties of the results, and in the event the amendment passes, the Secretary shall also include with notice to the Parties the Restated and Amended Agreement. ARTICLE XII MISCELLANEOUS PROVISIONS 12.1 This Agreement shall not relieve any Party of any obligation or responsibility imposed upon it by law. 12.2 Severability in Case of Partial Invalidity. If any portion of this Agreement is determined to be invalid or unenforceable as a matter of law, such invalidity or lack of enforcement shall be limited to such portion, and shall not affect any other portions or provisions, which shall be given the fullest effect permitted by law. In the event that it should ever be determined by a tribunal having appropriate jurisdiction that this Agreement is illegal or unenforceable as a matter of law, this Agreement shall be deemed to be null and void, from its inception, and the Parties hereto shall be relieved of any further performance under the terms of this Agreement. 12.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho. 12.4 No Third Party Beneficiaries. Each Party to this Agreement intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person or legal entity other than the Parties hereto. 12.5 Counterparts and Process to Become a Party. This Agreement will be executed and delivered in counterparts, one for each Party, and at such time as the governing board of an agency intent upon joining adopts the necessary resolution authorizing the execution of the counterpart and a written notice thereof, including a copy of the resolution or other authorizing act of its governing board is provided to the Secretary, this Agreement shall then be in full force and effect to such Parties and shall have the force and effect of an original, and copies of the signature pages of all counterparts shall be provided to all Parties to this Agreement by the Secretary. 12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. { 12.7 Attorney Fees. If in the event judicial action of any kind is necessary to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover from the non - JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 19 6/5/2013 prevailing Party its reasonable attorney fees and costs asrovided b Idaho Idaho Rules of Civil Procedurep Y law and the . 12.8 Entire Agreement. This is the entire agreement between the modified only a g Partes and may be s provided herein. Board of Ada County Commissioners By: a 'd L. Case, Commissioner Absent, but Reviewed. By: Jim T' 'ssioner By: Rick Yzai e, Commissioner ATTEST: Christopher D. Rich, Ada County Clerk h%# Ph" AAnIrRne. Chief Dom* Board of the Ada County Emergency Medical Services District By. MCI avi L. Case, Commissioner By: AbaeM, bYt RoWeWed. Jim Tibbs, Commissioner By: Rick YzagUirr V2 omm i ssi oner ATTEST: Christopher D. Rich, Ada County Clerk by Phi MCGM*o Gtief Dowty JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY —PAGE 20 6/5/2013 Date: City of Boise TiaCity r I Fire District Eagle Fire District North Ada County Fire & Rescue District Date: 70, / 76F /3 Date: %? �% '&j Date:71171 � Date: %` Ioo7 4-1% JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 6/x/2013 City of Boise City of Meridian Kuna Rural Fire District Eagle Fire District North Ada County Fire &Rescue District Star Join ire Protection District Date: Date: Date: Date.- Date: ate: Date: Date: Z - JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY -- PAGE 21 6/5/2013 Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Tradewinds Subdivision Water Main Easement Tradewinds Subdivision Water Main Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAl�-- 1C1,�,ht C Community Development Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 9/25/13 Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 SUBJECT: Tradewinds Subdivision Water Main Easement I. RECOMMENDED ACTION A. Move to: 1. Approve a Water Main Easement for the City of Meridian, located on a parcel adjacent to the site of Tradewinds Subdivision. 2. This easement provides the City of Meridian access to a new public water main being installed on the property boundary line between Tradewinds r Subdivision and the parcel to the East. This water main will provide service to Tradewinds Subdivision. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Denny Cline, Development Analyst II Denny Cline, EYevelopment Analyst II to, t -2otmo Bruce Freckleto evelopment Services Manager 884-5533 489-0362 489-0371 Recommending Approval Ph: 208.887.2211 • www.meridiancitv.ora • Fax 208.887.1297 Rev; 01/2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 1 BOISE IDAHO 10109113 12:17 PM DEPUTY Che Fowler III I'llll'lll'lllllll'IIIIIIIIIII I'II RECORDED—REQUEST OF 113113730 City of Meridian WATER MAIN EASEMENT THIS INDENTURE, made this '% day of 600be.Y , 20 Z) Russell V. Liddell , the party of the first pail, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of water main over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR hereby covenants and agrees that he will not (place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR Tradewinds THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described tract of land, and that be has a good and lawful right to convey said easement, and that he wiII warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons who�ntsoever. n ,I Dn .D _.._.0_ _ . : _ /_ . e)pa n _ . v., .,."V. I INWITNESSWHEREOF, the said party of the first part has hereunto subscribed his signature the day and year first herein above written. 1777 East Victory Road, Meridian, ID 83642 Address STATE OF IDAHO ) ) ss County of Ada ) On this - day of AMUM , 20 13 , before me, the undersigned, a Notary Public in and for said State, personally appeared Russell V. Liddell, known or identified to me to be the individual that executed the within instrument, and acknowledged to me that Ire executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL JM12L NOTARY PUB IC FOR IDAHO Residing at �tit`r I (7 Commission Expires: Z-Za i $ Water Main Easement GASMT WTR Tradewinds GRANTEE: CITY OF MERIDIAN Tammy de We/d, Mayor City Approved By City Council On: nn",r L4 f FFe�l3DAHO�lJ ., SEAL oe ,W STATE OF IDAHO ) ) ss County of Ada ) On this V day of 6L+ohe i 2013 , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Restdmg at: Commission FOR Water Main Easement EASMT WTR Tradewinds km 9233 WEST STATE STREET I BOISE,ID83714 1 208.639.6939 1 FAX208.639.6930 July 30, 2013 Project No.: 12-072 EXHIBIT A LEGAL DESCRIPTION FOR WATER EASEMENT A 9 -ft wide easement for the purpose of access and maintenance of a water main situated in a portion of the Northwest 1/4 of the Northwest 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8 -inch rebar markingthe Northwest corner of said Section 29, thence along the northerly line of said Section 29, 589"34'31"E a distance of 390.22 feet to a point, from which an aluminum cap marking the North 1/4 corner of said Section 29 bears S89°34'31"E a distance of 2,290.46 feet; Thence leaving said northerly line, 500°14'19"W a distance of 25.00 feet to a 5/8 -inch rebar on the southerly prescriptive right-of-way line of East Victory Road and marking the POINT OF BEGINNING; Thence following said southerly prescriptive right-of-way line, S89°34'31"E a distance of 9.00 feet to a point; Thence S00°14'19"W a distance of 142.00 feet to a point; Thence N89°34'31"W a distance of 9.00 feet to a 5/8 -inch rebar; Thence NOO°14'19"E a distance of 142.00 feet to the POINT OF BEGINNING. Said parcel contains 1,278 square feet, more or less, and is subjectto all existing easements and/or right-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. ENGINEERS I SURVEYORS I PLANNERS www.l(mengllp.com L ' 12459 -7.so.Zor-5 E. VICTORY ROAD 20 S89'34'31 "E 2680.68' 20 30 29 POINT OF 390.22' 0 2290.46' — — 29 COMMENCEMENT 500'14'19"W S89'34'31"E NW CORNER - 9.00' SECTION 29 25.00' A Rte, R/w Rnv POINT OF Y�-- BEGINNING I I 3 I o — — I �9' WATER EASEMENT w I I I pI0 U o I �C I M I 4 J mI II ^ I ^ LIDDELL fq z I �, 1,:R: S1129223510 Ln o� i -tI,. 00 izlvl I I I I I N89'34'31 "W 9.00' I o aVa 6Va 66/a— 0 20 40 80 120 Plan Scale lum momimENGINEERS. SURVEYORS. PIANNERS 9233 WEST STATE STREET BOISE, IDAHO 93714 PHONE(208) 639-6939 FAX 1200(6396930 DATE: 7-30-2013 PROIECT: 12.072 SHEET: 1 OF 1 LEGEND f�? SECTION CORNER 5/8 -INCH REBAR ^ A CALCULATED POINT R/W RIGHT-OF-WAY LINE —PARCEL BOUNDARY "'— - - — ADJACENT BOUNDARY - - - - - - - PROPOSED EASEMENT LINE -" "- EXISTING EASEMENT LINE -' — SECTION LINE w w— WATER MAIN EXHIBIT B VICTORY ROAD AND LOCUST GROVE, MERIDIAN, ID TRADEWINDS SUBDIVISION NW 1/4 OF NW 1/4 SECTION 29, T3N, RIE, BM, CITY OF MERIDIAN Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: 4J PROJECT NUMBER: ITEM TITLE: Resolution No. Resolution No. 13 � 95G : A Resolution for Community Development Block Grant Amended PY12 Action Plan MEETING NOTES L? Community Item/Presentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 13 - /5(0 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2012 ACTION PLAN AND THE ADOPTED CITIZEN PARTICIPATION PLAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is required to prepare and adopt a Community Development Block Grant (CDBG) Action Plan for each year the City receives CDBG Entitlement funds and a Citizen Participation Plan; and WHEREAS, the City adopted, and the United States Department of Housing and Urban Development (HUD) subsequently approved, a CDBG Action Plan for Program Year 2012 (PY2012) and a Citizen Participation Plan as part of the 2012-2016 Consolidated Plan; and WHEREAS, the construction costs for the 8m Street Park ADA Restroom Facility are higher than originally estimated; and WHEREAS, it has been determined that an exemption should be included in the City's adopted Citizen Participation Plan for a reduction in funding of administrative expenses; and WHEREAS, a substantial amendment is required per the Citizen Participation Plan when an activity funding changes by 25 percent (25%); and WHEREAS, the City proposed a substantial amendment to the PY2012 CDBG Action Plans to re -allocate approximately $14,000 in CDBG PY2012 Administrative funds to the PY2012 8m Street Park ADA Restroom Facility project to cover the increased costs; and WHEREAS, in accordance with the Citizen Participation Plan, the City held a public hearing on the proposed substantial amendment to the PY2012 Action Plan and the proposed change to the Citizen Participation Plan on October 1, 2013, and held a public comment period on the same amendment from August 28, 2013 to October 1, 2013; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Program Year 2012 Action Plan and the certification documents, and the Citizen Participation plan, incorporated herein by reference, be, and the same hereby are, amended as described in Attachment 1. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attest, through this Resolution, this substantial amendment to the PY2012 Action Plan and the Citizen Participation Plan for and on behalf of the City of Meridian. RESOLUTION AMENDING PY12 CDBG ACTION PLAN and THE CITIZEN PARTICIPATION PLAN — Page 1 of 2 Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 9"' of October, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this"day of October, 2013 APPROVED: Mayor T y de Weerd ATTEST o n ucpy, Flo r, By: ary or aycee AjAnan, City Clerk CA EIl}t IAN ioneu F SEA Y r ae RESOLUTION AMENDING PY12 CDBG ACTION PLAN and THE CITIZEN PARTICIPATION PLAN—Page 2 of 2 August 28, 2013 STAFF REPORT TO: Mayor and City Council FROM: Lori Den Hartog, CDBG Administrator CC: Caleb Hood, City of Meridian, Planning Division Manager RE: Public Hearing on October 1, 2013 for a Substantial Amendment to Community Development Block Grant Program Year 2012 Action Plan and the Citizen Participation Plan 1. SUMMARY DESCRIPTION OF PROPOSED SUBSTANTIAL AMENDMENT The original CDBG budget for the 8" Street Park ADA Restroom project was $130,000. The first bids for the 8th Street Park ADA Restroom Project, which were opened on June 25, 2013, came in higher than anticipated. The Project Manager in the City Parks and Recreation Department made modifications to the plans to reduce costs and the project went out for bid a second time. The re -bids were opened on August 6, 2013. While the re -bids were approximately $30,000 lower, the costs are still projected to be higher than the original estimate. The Project Manager requested approximately $14,000 in additional CDBG funding to cover the increased costs. After reviewing existing projects, the CDBG Administrator determined that there are sufficient funds in the PY12 Administration activity that can be re -allocated to the 8th Street Park ADA Restroom project. Based on the Citizen Participation Plan, a substantial amendment is required because the funding level for the Administration Activity is changing by more than 25%. The funding level for the 8th Street Park ADA Restroom facility is proposed to increase by approximately 11%. Original Funding Modified Funding PY12 Administration $46,227 $32,227, decrease of 30% PY 12 81h Street Park ADA Restroom $130,000 $144,000, increase of 11% In addition to the above proposed funding re -allocation, staff is recommending a modification to the Substantial Amendments section of the Citizen Participation Plan as adopted with the 2012-2016 Consolidated Plan. Staff is recommending that the Citizen Participation Plan allow for an exception for the Administration Activity to the 25% change in funding level rule. Therefore in the future, if the funding level for Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-SS33 • Fax 208-888-6854 . www.meridiancity.orq Page 2 the Administration Activity is either increased or decreased by more than 25% it would not trigger a Substantial Amendment. In the unlikely scenario of increasing the funding level for the Administration Activity, the City would still not be able to allocate more than the 20% of its annual entitlement funding to comply with the administrative funding cap. 2. RECOMMENDATION Staff recommends that the City Council approve the proposed substantial amendment to the CDBG PY2012 Action Plan and the proposed change to the Citizen Participation Plan. 3. PROCESS INFORMATION Per the City's adopted Citizen Participation Plan, a substantial amendment to an action plan requires a 30 -day public comment period to be concluded with a public hearing. The City opened the public comment period on August 28, 2013 through a public notice in the Valley Times newspaper on August 26, 2013 and the Idaho Statesman published on August 28, 2013. The public hearing will be conducted on October 1, 2013, which was also published in the legal notices. 4. EXHIBITS TABLE 3C PY2012 8TH STREET PARK ADA RESTROOM FACILITY TABLE 3C PY2012 ADMINISTRATION PROPOSED MODIFICATION TO THE CITIZEN PARTICIPATION PLAN NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING PUBLIC COMMENTS RECEIVED -ADDED AFTER HEARING ON OCTOBER 1, 2013 Page 3 Jurisdiction's Name: Priority Need: Project Title: Description: Table 3C (Amended) Consolidated Plan Listing of Projects City of Meridian, Idaho Suitable Living Environment—Public Facility 8th Street Park ADA Accessible Restroom Facility The City of Meridian Parks and Recreation Department will use the CDBG funding to design and construct an ADA accessible restroom facility within 8th Street Park where no restroom facilities currently exist. Objective Category: ®Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area 2235 N.W. 8th Street, Census Tract 103.32, Block Group 2 HUD Objective Number Project ID SL 3 $144,000 HUD Matrix Code CDBG Citation 03F 24 CFR § 570.201(c) Type of Recipient C DBG National Objective Subrecipient LMA Start Date Completion Date 10/1/2012 9/30/2013 Performance Indicator Annual Units Public facility 1 Local ID Units Upon Completion 1 public facility Funding Sources CDBG $144,000 ESG HOME HOPWA Total Formula $144,000 Prior Year Funds Assisted Housing PHA Other Funding Total $144,000 The primary purpose of the project is to help: ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Page 4 Jurisdiction's Name: Priority Need: Project Title: Table 3C (Amended) Consolidated Plan Listing of Projects City of Meridian, Idaho Program Administration PY2012 Program Administration Description: The City's overall CDBG program management, coordination, monitoring, reporting, and evaluation will include the following types of assistance: • Coordinating Fair Housing activities with regional partners • Ensuring compliance with the adopted Consolidated Plan • Preparing program budgets, schedules and amendments • Evaluating program results against stated objectives • Monitoring program activities for progress and compliance; audit and monitoring findings • Preparing reports and other documents for submission to HUD • Developing agreements to carry out program activities Objective Category: ❑Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Citywide as applicable HUD Objective Number Project ID HUD Matrix Code CDBG Citation 21A 24 CFR § 570.206 Type of Recipient C DBG National Objective Entitlement N/A Start Date Completion Date 10/1/2012 9/30/2013 Performance Indicator Annual Units N/A N/A Local ID Units Upon Completion N/A Funding Sources CDBG $32,227 ESG HOME HOPWA Total Formula $32,227 Prior Year Funds Other Funding Total $32,227 The primary purpose of the project is to help ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Page 5 From Appendix A, Page 3 of the Adopted 2012-2016 Consolidated Plan: Substantial Amendments Occasionally, public comments or a change in circumstances warrant an amendment to the Consolidated Plan and/or an annual Action Plan. The criteria for whether to amend is referred to by HUD as Substantial Amendment Criteria. The following conditions are considered to be "Substantial Amendment Criteria:" Any change in the described method of distributing program funds. ➢ Elements of a "method of distribution" are: Changing the funding of a particular activity which increases or decreases the amount spent by 25 percent of the total funding amount. Making a change in the allocation priorities. Carrying out an activity using CDBG funds or program income not previously described in the action plan or the consolidated plan. Proposed Change to Appendix A, Page 3: Occasionally, public comments or a change in circumstances warrant an amendment to the Consolidated Plan and/or an annual Action Plan. The criteria for whether to amend is referred to by HUD as Substantial Amendment Criteria. The following conditions are considered to be "Substantial Amendment Criteria:" 1. Any change in the described method of distributing program funds. ➢ Elements of a "method of distribution" are: Changing the funding of a particular activity, with the exception of the Administration activity, which increases or decreases the amount spent by 25 percent of the total funding amount. Administrative funds are always subject to the cap of 20% of the annual entitlement funding. Making a change in the allocation priorities. Carrying out an activity using CDBG funds or program income not previously described in the action plan or the consolidated plan. Page 6 Public Comments No public comments were submitted for the PY12 Substantial Amendment or the change to the Citizen Participation Plan during the public comment period or at the public hearing on October 1, 2013. Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: 4K PROJECT NUMBER: ITEM TITLE: Resolution No. Resolution No. 13 ^ 9 5% A Resolution Appointing Tammy De Weerd as a Member of the Ada County -City EMS System Joint Powers Board and Appointing Brad Hoaglun as the Alternate Member of the Ada County -City EMS System Joint Powers Board MEETING NOTES Vt Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT No6113 11 In JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY Establishing the Ada County -City EMS System ("ACCESS") This Joint Powers Agreement (the "Agreement") is entered into by and between Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fare District, North Ada County Fire and Rescue District, and Star Joint Fire Protection District, and is effective as of the last date of execution of this Agreement. RECITALS; PURPOSES; AUTHORITY Purpose. The Purpose of this Agreement is to establish the Ada County -City EMS System (the "System") and Joint Powers Board appointed by the respective Parties authorized to operate and manage the joint, coordinated, and unified provision and maintenance of pre- hospital, emergency and non -emergency medical services, including medical transport, rescue, and extrication services, within all county, city, emergency medical services district, and fire district jurisdictions within the System Area in order to provide certainty, consistency and economy in the management and delivery of EMS services. 1. Sections 67-2326 through 67-2333, Idaho Code, provide that public agencies may enter into agreements with one another for joint or cooperative action which includes, but is not limited to, joint use, ownership, and/or operation agreements and interagency contracts for service, activity or undertakings. This Agreement is, and shall be construed as, a joint powers agreement enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code. 2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to enter into intra -agency and mutual aid agreements. 3. The Ada County Board of Commissioners, in its capacity as the governing board of the Ada County Emergency Medical Services District ("ACEMS District") pursuant to Chapter 39, Title 31, Idaho Code, provides emergency medical services in Ada County. ACEMS District currently holds an Advanced Life Support Level ] EMS transport license issued by the state of Idaho. 4. The Parties to this Agreement have various levels of EMS licenses issued by the state of Idaho. Each Party shall be responsible to maintain such EMS license. Subject to Board approval nothing in this Agreement shall prevent a Party from obtaining a higher level of licensing. 5. The governing boards of the Parties have determined that it is in the best interests of each Party and their taxpayers and for the persons residing and found within their respective boundaries, to create the System. Now, for and in consideration of the mutual covenants and promises herein set forth, and JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 1 6/5/2013 for other good and valuable consideration hereby acknowledged by the Parties to this Agreement as having been received, the Parties hereby mutually promise, covenant and agree as follows: AGREEMENT ARTICLE I DEFINITIONS When used herein, the following words shall have the attendant meaning: 1.1 "ACEMS District" means the Ada County Emergency Medical Services District, a Party to this Agreement. 1.2 "Ada County -City EMS System" means the Ada County -City EMS System as herein created and may sometimes be referred to as the "System" or "ACCESS." 1.3 "Ambulance" means any privately or publicly owned motor vehicle or nautical vessel, authorized to provide service in the System, used for, or intended to be used for, the transportation of sick or injured persons who may need medical attention during transport. This may include dual or multipurpose vehicles. 1.4 "Ambulance Service" means an agency, licensed to operate within the System, with the intent to provide personnel and equipment for medical treatment at an emergency scene, during transportation or during transfer of persons experiencing physiological or psychological illness or injury who may need medical attention during transport. 1.5 "Default" means any violation, failure to perform, or breach of any covenant, agreement, term or condition of this Agreement. 1.6 "Emergency Medical Services" or "EMS" means the system utilized in responding to a perceived individual need for immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. 1.7 "Joint Powers . Board" means the System Joint Powers Board, ("Board"), formed pursuant to this Agreement, which is authorized to administer this Agreement on behalf of the Parties. 1.8 "Parties" means Ada County, the cities and districts that have executed this Agreement. 1.9 "Inclusive Area Party Agencies" means Public Agencies that are Parties to this Agreement whose boundaries include area only within Ada County, state of Idaho. 1.10 "Non -Inclusive Area Party Agencies" means Public Agencies that are Parties to this Agreement whose boundaries include area within Ada County and within Canyon County, or any other neighboring county to Ada County, state of Idaho. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 2 6/5/2013 1.11 "Non -transport Service" means an agency with associated apparatus and personnel licensed to operate within the System, operated with the intent to provide personnel or equipment for medical stabilization at an emergency scene, but not intended to be the service that will actually transport sick or injured persons. 1.12 "Public Agency" means any city or political subdivision of this state, including, but not limited to emergency medical service districts; fire districts; cities; and any other government subdivision of the state of Idaho, including any agency of the state of Idaho holding a current EMS license and providing EMS within or contiguous to the boundaries of Ada County. 1.13 "System Area" means all the geographic area within the boundaries of the "Inclusive Area Party Agencies" and those designated areas for inclusion within the System which are also within the boundaries of the "Non -Inclusive Area Party Agencies." 1.13.1 The "System Area'' may be modified, upon consent of all Parties, to include area within an adjoining county; 1.13.2 The "System Area" may be modified, upon consent of all Parties, to exclude area within Ada County upon the condition the area excluded will then be subject to a like "System" in an adjoining County. ARTICLE II THE ADA COUNTY -CITY EMS SYSTEM (SYSTEM) 2.1 Establishment of the System. There is hereby established the Ada County -City EMS System. The System shall be created for the express purpose of providing for joint management, provision, operation, and maintenance of pre -hospital emergency and non- emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The System shall exist as a joint exercise of the authority to provide EMS services by all the Parties to this Agreement, and shall be administered by a Joint Powers Board as provided in Article IV of this Agreement. The System, through the Joint Powers Board, Administrative Committee, and the Medical Directorate, shall establish standards and provide for the coordinated management, provision and maintenance of pre -hospital, emergency, and non -emergency medical services, including medical transport, rescue, and extrication services, within the System Area. 2.2 Scope of Services and operation. The System shall coordinate the management, provision, operation and maintenance of pre -hospital, emergency, and non -emergency medical services, including medical transport, rescue, and extrication services within the System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services of the System within the System Area. By this Agreement, the Parties agree to cooperatively exercise their respective powers within the System Area in a manner consistent with this Agreement. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 3 6/5/2013 ARTICLE III -PARTIES, DURATION, AMENDMENT, WITHDRAWAL AND TERMINATION 3.1 Parties to this Agreement. The Parties to this Agreement are Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, K.una Rural Fire District, Eagle Fire District, North Ada County Fire and Rescue District, and Star Joint Fire Protection District. Each Party intends to and does by this Agreement contract with each other Party and any other Agencies as may later be added. Additional Parties may be added by resolution of the Board and amendment of this Agreement. Each Party agrees that the removal of any Party from this Agreement does not affect this Agreement with respect to each remaining Party. 3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its Execution Date through September 30, 2013. Thereafter this Agreement may be renewed for successive one (1) year terms. Renewal terms shall be effective from October 1 through September 30 of each successive calendar year. A Party may renew this Agreement by providing written notice to all other Parties. 3.3 Amendment. This Agreement may be amended only by written agreement of the Parties. 3.4 Withdrawal, 3.4.1 No Party shall withdraw from this Agreement unless it demonstrates one or more of the following circumstances: 3.4.1.1 The withdrawing Party is insolvent or otherwise financially unable to carry out its obligations under this Agreement; 3.4.1.2 A court has determined that it is unlawful for the Party to continue to perform under or be Party to this Agreement; 3.4.1.3 A material breach of any term of this Agreement has occurred; or 3.4.1.4 Two or more Parties, after signing, consolidate services and wish to combine their representation under this Agreement as part of said consolidation. 3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days before the effective date of withdrawal. However, a withdrawal shall not be effective if the condition or conditions giving rise to the withdrawal are cured to the reasonable satisfaction of the withdrawing Party within sixty (60) days after the date of notice of withdrawal is provided. 3.4.3 Withdrawing Party to Cease EMS Services In Service Area. Each Party agrees, as a special consideration to each other Party, that in the event they withdraw from this Agreement, either by voluntarily withdrawing or for cause by JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 4 6/5/2013 default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Department of Health and Welfare Bureau of EMS as that license authorizes EMS services in the System Area by that Party. In the event a withdrawing Party fails to cease to provide EMS services in the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. 3.5 Complaints. The authority to investigate a complaint against a Party may be conducted by the Administrative Committee or by the Board, when involving cause for termination. Member/s of the Party or Parties who are the subject of the complaint cannot vote on motions to proceed with the investigation or matters related to the conduct or financing of the investigation. Each Party shall cooperate with any investigation of complaints regarding performance of services governed under this Agreement. 3.5.1 Complaints involving personnel of a Party are to be treated as described in Section 8.5.3 of this Agreement. 3.6 Party Termination, 3.6.1 For Cause. A Party may be terminated from this Agreement by action of the Board for cause in the event they are in default of this Agreement. Prior to termination of a Party the Board shall conduct a hearing to determine if there is a default of this Agreement that has not been cured by the defaulting Party. The following procedures shall be met: 3.6.1.1 The Board shall provide to the defaulting Party fourteen (14) days written notice of a hearing to show cause. 3.6.1.2 The notice shall specify the reasons for the default and the intention to terminate the Party as a Party to this Agreement. 3.6.1.3 In the event the default is cured within the fourteen (14) days and before the commencement of the scheduled hearing before the Board, the Board shall so note on the record of the proceedings and the hearing shall then be concluded. 3.6.1_.4 In the event the default is not cured, the Board shall, upon conclusion of their deliberation., issue findings of fact and conclusions of law and order of decision within thirty (30) days of the date of the hearing. 3.6.1.5 A Board member representing a Party that the Board is considering terminating shall recuse himself/herself from voting on the termination and all proceedings involved in the matter of termination. 3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL, SERVICES IN ADA. COUNTY — PAGE 5 6/5/2013 this subsection shall not constitute a termination of the entire Agreement, and the remaining Parties shall continue to perform under this Agreement for the remainder of the contract term. 3.6.3 Terminated Party to Cease EMS Services In Service Area. Each Party agrees, as a special consideration to each other Party, that in the event they are terminated from this Agreement, either by voluntarily withdrawing or for cause by default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Idaho Department of Health and Welfare EMS Bureau as that license authorizes the provision of EMS services in the System Area by that Party. In the event a terminated Party fails to cease to provide EMS services in. the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. ARTICLE IV ADMINISTRATION OF THE ADA COUNTY -CITY EMS SYSTEM JOINT POWERS BOARD 4.1 Establishment of the Joint powers Board; Membership; Officers. 4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board of the System. The Joint Powers Board shall serve as the governing board of the System and operate the System on behalf of the Parties. 4.1.2 Joint Powers Board Membership. The Ada County -City EMS System shall be governed by the Board whose membership shall consist of one (1) elected official representing each Party, and a total of two (2) elected officials of the ACEMS District/Ada County Board of Commissioners. 4.1.2.1 Each Party shall also designate an alternate elected official to serve in the absence of their designated Board member. 4.1.2.2 Each Party's appointee shall be given the authority to vote on all matters before the Board with the exception of financial decisions requiring the appropriation and/or expenditure of funds by the Party. 4.1.3 Officers. Annually in January the Joint Powers Board shall appoint a chairman, vice chairman, and secretary whose primary responsibilities are as follows: 4.1.3.1 The Chairman shall be a member of the Board and shall conduct all meetings of. the Board and execute all contracts and resolutions on behalf of and as authorized by the Board and any other duties assigned by the Board; and 4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY -- PAGE b 6/5/2013 the functions of the Chairman in the absence of the Chairman and any other duties assigned by the Board; and 4.1.3.3 The Secretary may or may not be a member of the Board and shall be responsible for posting agenda notices and preparation of minutes of the Board and for maintaining the records of the Board and any other duties assigned by the Board; and 4.1.3.4 These officers shall have no powers or duties except as provided in this Agreement. 4.2 Powers, Duties and Operations of the Joint Powers Board, 4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to operate and manage the System. In order to accomplish the Purpose of this Agreement, the Joint Powers Board shall have, in addition to other powers provided herein, the authority to adopt procedures for its operation as well as to adopt standards for the coordinated management, provision, operation and maintenance of pre -hospital, emergency, and non -emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The Board shall have discretionary powers to manage and conduct the business and affairs of the Ada County -City EMS System. However, the governing board of a Party shall approve any action that will financially obligate that Party. The discretionary powers shall include, but not be limited to, the following: 4.2.1.1 Receive recommendations from the Administrative Committee and the Medical Directorate; 4.2.1.2 Approve procedures for the operation, meeting, and other administrative platters of the Board and the System; 4.2.1.3 Approve the Standard Operating Procedures for the System. However, any standards approved regarding qualifications for holding a position shall provide an exemption for any personnel of any Party who at the effective date of this Agreement holds such a position unless contrary to law; 4.2.1.4 Adopt medical protocols and other matters related to the Medical Directorate; 4.2.1.5 Approve response standards, including policies regarding dispatch responses; 4.2.1.6 Provide recommendations to a Party's respective governing body regarding the Party's agency licensure levels within the System; JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY -- PAGE 7 6/5/2013 4.2.1.7 Recommend for approval, as set forth in section 4.4 of this Agreement, a budget and financial plan as well as subsequent funding, including joint purchasing of property; 4.2.1.8 Approve the allocation of resources, including stationing of personnel and vehicles; 4.2.1.9 Adopt a training and education plan for licensed personnel; 4.2.1.10 Approve the deployment plan of EMS equipment; 4.2.1.11 Recommend that the Board acquire, hold, and dispose of real and personal property jointly owned by and used in the System; 4.2.1.12 Deal with other matters necessary and convenient in furtherance of the Purpose of this Agreement; 4.2.1.13 Identify matters that require approval of the Parties' governing boards; 4.2.1.14 Comply with the Idaho Open Meetings laws; 4.2.1.1.5 Operate on a fiscal year from October 1 through September 30; and 4.2.1.16 Adopt, administer and implement EMS standards, protocols and procedures. If EMS standards, protocols and procedures adopted by the Board impose higher standards than are required by any state statute or rule the standards and procedures adopted by the Board shall apply to the Parties to the extent allowed by law in the System Area. 4.2.2 As required by law, the Board shall report to the Idaho Department of Health and Welfare EMS Bureau any findings of Agency violation of state EMS laws or rules which occurred within the System Area. 4.2.3 Resolutions and Board procedures shall be compiled and organized according to subject and maintained by the Joint Powers Board, which shall provide each Party with a copy of all resolutions and procedures. 4.2.4 The approval of the governing board of each Party is required for any matter approved by the Joint Powers Board that includes financial contribution by a Party, including the purchase of real property and personal property. 4.3 Meetings, decisions, and communication. The Board shall adopt rules of procedure for the conduct of their meetings that are consistent with the provisions of this Agreement. 4.3.1 The Board shall meet regularly to confer and carry out the business of the Board and the System in the following manner: JOINT POWERS AGREEMENT FOR. THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 8 6/5/2013 4.3.1.1 For all meetings of the Board fifty percent (50%) plus one (1) of the members of the full Board shall constitute a quorum for the purposes of conducting business. 4.3.1.2 All motions, resolutions, and actions of approval on any matter by the Board require a unanimous vote of the Board members present. 4.3.1.1.1 In regards to matters before the Board that only involve a combined licensure as provided in Article V of this Agreement, only the Board members of Parties that have combined their licenses may vote. 4.3.1.3 The Board must provide at least fourteen (14) days advance written notice to all Parties' when considering all matters requiring a vote of the Board members. 4.11.4 only Board members, or their alternates, shall have voting privileges. 4.3.1.5 In the event a Party's Board member or designated alternate fails to attend three (3') consecutive meetings or fails to attend more than one- half of the meetings of the Board within a calendar year, notice of absence shall be sent to the offending Party which notice shall be withdrawn if the offending Party's Board member appears at the next regularly scheduled meeting and shows good cause for the absences and presents a commitment to regular attendance in the future. In the event the offending Party does not appear and show good cause then the same shall constitute a material breach of the terms of this Agreement and the offending Party will be subject to termination provisions of Section 3.6 of this Agreement and the notice of absence shall stand as a notice of default. 4.3.2 The Board shall provide to the governing boards of the Parties to this Agreement a written annual report concerning the status of the System, at a date set in the procedures of the Board, but in no event not less than once per year. This report shall include all matters the Joint Powers Board determines are relevant to the operation of the System and any matter that may be required by the State EMS Bureau or by state or federal law. 4.4 Finances. On or before March 1 of each year, the Board shall propose an Ada County - City EMS System Budget (the "Budget") for approval by the ACEMS District Board. 4.4.1 The Budget shall include vehicle license registration fees designated for and remitted to the ACEMS District for that fiscal year. The Budget may also include contribution payments to the System by the Parties to this Agreement. Commencing in the fourth renewal year of this Agreement, the Budget shall also include property tax funds contributed for that fiscal year by the ACEMS District Board pursuant to Chapter 39, Title 31, Idaho Code. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 9 6/5/2013 4 4.2 The Budget shalt identify anticipated expenditures for the System up to the . g fY p P amount included in the Budget in Section 4.4.1. The expenditures in the Budget shall be developed in accordance with the statutory purpose that the vehicle license registration fees be used for the provision of EMS services within the ACEMS District. Further, commencing in the fourth renewal year of this Agreement, the expenditures in the Budget shall be developed in accordance with the statutory purpose that the property tax funds levied by the ACEMS District shall be used for the provision of ambulance service within Ada County. 4.4.3 A division for the System shall be established within the ACEMS District Budget, which shall include income line items and expenditure line items as allocated by the ACEMS District Board. The income line items shall include, if applicable: (1) vehicle license registration fees as. described in Section 4.4.1 above; (2) contribution payments from the Parties; and (3) tax funds being contributed by the ACEMS District for System expenditures as described in Section 4.4.1 above. The expenditure line items shall include, if applicable: (1) personnel expenses; (2) capital expenses; and (3) operating expenses. 4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS District, then on or before March 1, the Board shall submit the Budget to each Party's governing board for the appropriation of any contribution payment by that Party. 4.4.5 The Parties shall set their own budgets in a timely manner with consideration to the Budget as proposed by the Board. 4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval, then the Parties shall set their own budgets. 4.4.7 Capital investments requiring additional expenditures will be funded through extra appropriations as proposed by the Board, subject to approval by each Party's governing board. 4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code, the Board, subject to approval of the Parties' governing boards as required by other provisions of this Agreement, may authorize joint purchasing of any real or personal property consistent with the laws of the state of Idaho. Prior to the Board approving any joint purchase, the Board shall identify by resolution the plan for distribution and/or ownership of property jointly owned by the Parties upon the withdrawal or termination of a Party. 4.6 Agreements with other Medical Service Providers. The Board may enter into agreements with medical service providers other than those that are Parties to this Agreement in order to provide for EMS services and/or to provide mutual aid to the System or any medical service provider. Such agreements may be with public or private agencies and may incorporate any of the terms and conditions contained herein and any • other terms and conditions the Parties may deem appropriate. Such agreements shall not authorize a medical service provider to directly compete with any Party to this Agreement for the provision of EMS services, nor shall such agreement extend any voting rights to JOINT POWERS AGREEMENT FOR THE COORDINATED -AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY -- PAGE 10 6/5/2013 any Party to this Agreement for the provision of EMS service, nor shall such agreement extend any voting rights to the Party with whom the agreement is made. ARTICLE V LICENSURE 5.1 Inclusive Licensure. The Parties hereby agree to maintain their state -issued EMS licenses and operate in accordance with the laws of the state of Idaho and associated regulations of the Idaho Department of Health and welfare. 5.2 Establishment of the Ada County -City EMS System. The Board shall, together with the Parties' governing boards, comply with Idaho Code §§ 53-501-510, "The Assumed Business Names Act of 1997" to conduct the business of the System under the name and style of Ada County -City EMS System. 5.3 Combined Licensure. Any of the Parties to this Agreement may agree to combine their state -issued EMS licenses and to operate under one EMS license as provided by the laws of the state of Idaho and regulations of and as authorized by the state of Idaho Department of Health and Welfare Bureau of EMS. 5.4 Transition Process. Those Parties agreeing to combine their state -issued EMS licenses will do all things necessary to accomplish the transition of combining their EMS licenses and to begin and continue operating lawfully under the Ada County -City EMS System. 5.5 Creation of a DBA. When any of the Parties to this Agreement agree to combine their state -issued EMS licenses and operate under the EMS license of the Ada County -City EMS System the Board, with all Board members eligible to vote, will establish a DBA, which will hold the EMS license for the participating Parties. ARTICLE VI ADMINISTR.A►TIVE COMMITTEE 6.1 Establishment of the System Administrative Committee. There is hereby established an Ada County EMS System Administrative Committee. The Administrative Committee shall serve to make recommendations to the Board. 6.1.1 Administrative Committee Membership. Voting members of the Administrative Committee shall consist of a chief administrative official from each Party. In addition, non-voting members may be invited to participate including, but not limited to: a representative from the Ada County Emergency Communications Center, representatives from hospitals located within the System, representatives from the Medical Directorate, and other EMS or health care agencies with a shared interest in emergency medical services. All actions regarding a recommendation to the Board shall require a two-thirds (2/3) JOINT POWERS AGREEMENT FOR THE COORDINATED' AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY -- PAGE 11 6/5/2013 majority vote of all voting Administrative Commi Jttee members present. Each Y Party shall designate an alternate member who, in the absence of their Administm ive Committee member, shall have the right to a proxy vote on all matters presented for a vote. 6.1.2 Administrative Committee Ex -officio Membership. Any legal entity or person who is providing EMS Services in the System Area under a current license issued by the EMS Bureau, either as air medical services, ambulance services, and/or non -transport services, may apply for membership on the Administrative Committee as an Ex -officio member with rights to participate in the meetings subject to the rule of the chairman, without the right to vote and without a right to participate in or attend any executive session matter or on any agenda item involving personnel or a claim of default of a Party. 6.1.3 Officers. Annually, in January, the Administrative Committee shall appoint a chairman, vice chairman, and secretary whose primary responsibilities are as follows: 6.1.3.1 The Chairman shall be a member of the Administrative Committee and shall conduct all meetings of the Administrative Committee, and shall act as the spokesperson for the Administrative Committee when presenting to the Board. 6.1.3.2 The Vice Chairman shall be a member of the Administrative Committee and shall carry out the functions of the Chairman in the absence of the Chairman and any other duties assigned by the Administrative Committee. 6.1.3.3 The Secretary may or may not be a member of the Administrative Committee and shall be responsible for posting agenda notices and preparation of minutes of the Administrative Committee. The agenda for each meeting shall be sent to the members fourteen (14) days before the meeting date. 6.1.3.4 These officers shall have no powers or duties except as provided in this Agreement or conferred by the Board. 6.2. Purpose. The purpose of the Administrative Committee is to provide operational expertise as outlined in the Administrative Committee procedures and to make recommendations to the Board. The Administrative Committee will meet at least bi- monthly, but may meet more often depending on need. 6.3. Responsibility. The Administrative Committee responsibilities shall include, but are not limited to, the following: 6.3.1 Development, maintenance, and annual review of the Ada County -City EMS JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY --- PAGE 12 6/5/2013 System Operation and Finance Plan to include, but not limited to: System deployment plan, System staffing levels and licensure levels, current and future funding needs, capital improvement plan, determination of System performance levels, assuring a quality management program, development of a System training and education plan, and other functions not specifically identified but intended to meet the requirements for the safe and efficient operation of the EMS System. 6.3.1.1 Review and update annually any change in System configuration. 6.3.1.2 Prepare, in accordance with the provisions of this subsection, any reports, Standard Operating Procedures, Quality Improvement Plan, Quality Assurance Plan or budget recommendation to submit to the Board for approval prior to publication and implementation. 6.3.1.3 Provide for the coordination, planning, and provision of transport and non -transport EMS services between the Parties, which may include air medical service within the System Area.. Ensure that EMS services are rendered in a timely and cost effective manner, at an optimal level of care. The Administrative Committee shall consider the current EMS standards, existing EMS service capabilities, trends, desired goals, and future EMS service capabilities for each planning component with due consideration of the limited funds available to provide such services. 6.3.1.4 The Administrative Committee shall consider, along with its accompanying reaps, charts and reports, the following components and criteria: 6.3.1.4.1 The current emergency medical services system structure and performance; 6.3.1.4.2 Emergency medical services resources and capability throughout the System, to include licensees, employees, contractors, volunteers, and any demonstrated need for change; 6.3.1.4.3 Population and other pertinent demographics within the EMS System, including analyses of hospital services and past, present, and future trends in population and characteristics such as age, mortality, insurance and revenue to support EMS within the System Area; 6.3.1.4.4 Other EMS factors, including but not limited to response time standards, medical standards of care, required staffing, EMS equipment and facilities standards within the System Area, EMS System deployment plans, mutual aid agreements, competency management strategy, JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 13 6/5/2013 compensation/reimbursement plan, and data collection plan; 6.3.1.4.5 Recommended performance standards that are currently recognized under national, state and local standards and guidelines; and 6.3.1.4.6 Private EMS provider's services and capabilities within the Service Area. 6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any Medical Service Providers under contract pursuant to Section 4.6 of this Agreement. 6.3.3 Receive communications, review and make recommendations to the Board regarding any ongoing operational and/or planning and/or funding issues in order to coordinate EMS service and resources, transport and non -transport and air medical service, within the System Area. 6.3.4 Conduct EMS services informational meetings and consult with public officials and agencies, the medical community, the public, and civic, educational, professional, or other organizations. 6.3.5 Other duties as may be assigned by the Board. ARTICLE VII SYSTEM MEDICAL DIRECTORATE 7.1 Establishment of the System Medical Directorate; Standards and Procedures. There is hereby established a System Medical Directorate. The Medical Directorate composition shall be two (2) qualified physicians as recommended by the Administrative Committee and appointed by the Board. The Medical Directorate members shall appoint a chairman, who shall set the agenda and preside over the meetings, serve as the spokesman for the System Medical Directorate, and serve as an ex -officio member of the Administrative Committee. The Board shall adopt administrative guidelines and procedures concerning the conduct and the responsibilities of the System Medical Directorate. 7.2 Purpose of the System Medical Directorate. 'The System Medical Directorate executes the duties and functions in accordance with the laws of the state of Idaho, the Rules and Regulations of the Idaho EMS Physicians' Commission, the state of Idaho EMS Bureau, and any other rules or regulations concerning emergency medical services. 7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical Directorate shall be binding upon the Parties, unless otherwise specifically noted within this Agreement. JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA. COUNTY -- PAGE 14 6/5/2013 7.4 Responsibility. The Ada County -City EMS System Medical Directorate shall have and exercise the following duties: 7.4.1 Be responsible for the clinical management and medical oversight of the Parties' EMS services within the System Area and for compliance with the rules and regulations of the Idaho EMS Physicians' Commission, rules and regulations of the State of Idaho EMS Bureau and any associated rules and regulations concerning emergency medical services; 7.4.2 Determine the content of the System's Medical Supervision Plan.; 7.4.3 Assess clinical ramifications of field operating procedures; 7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals; 7.4.5 Establish the scope of practice of EMS personnel functioning within the System as required by the rules of the EMS Physician Commission and/or performance requirements as set forth by the System; and 7.4.6 Identify opportunities for improving the quality of medical care delivered to patients in the out of hospital setting within the System Area. 7.5 Meetings. The System Medical Directorate shall meet at least bi-monthly and at the call of the chairman. All meetings shall be conducted and noticed in accordance with the Idaho Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any meeting rules adopted by the Board. A majority of the System Medical Directorate shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power. Each member of the System Medical Directorate may cast one vote during decision-making. ARTICLE VIII OTHER. OBLIGATIONS OF THE PARTIES 8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards established by the laws of the state of Idaho and associated regulations, as well as any other applicable federal law and/or regulation. 8.2 Agreement, Standards, Resolutions and Procedures Binding. The Board has the authority to cooperatively exercise the powers of each Party in furtherance of the purposes of this Agreement and the operations of the System to the extent conferred by . this Agreement, and to the extent allowed by governing law. 8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the resolutions and procedures adopted by the Board within the powers granted to it by this Agreement. 8.2.2 Each Party further agrees to do all things necessary and lawful to accomplish the purpose of this Agreement, including adoption of any ordinance or resolution JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 15 6/5/2013 necessary to authorize the Party to perform under this Agreement. 8.3 Insurance. Each Party shall maintain a plan of insurance or self-insurance for comprehensive liability in compliance with the Idaho Tort Claims Act, Title 6, Chapter 9, Idaho Code. 8.4 Billing and Collection. Each Party is responsible for arranging the billing and collection of fees charged for the services it provides. 8.5 Individual Operation of the Parties; Allocation of Resources According to Standards Adopted by Board; Furnishing of Equipment. The Board will establish procedures and standards as well as specific direction for allocation of resources and personnel within the System as well as other subjects as provided herein. Except as provided by the System. by action of the Board, each Party will provide its own equipment and supplies on its vehicles, for its personnel, payroll, and its stations. All Parties will retain control over those matters not related to the System or this Agreement, which may include, but is not limited to: budgeting, personnel decisions, equipment, offices, payroll, day-to-day operations and other related matters not impairing the operation of the System or functioning of the Board. 8.5.1 Personnel. This Agreement does not create a separate legal entity and therefore the Board shall have no authority to employ personnel directly. Personnel additions and reductions are matters entirely under the authority of the Party employing the personnel. The Board shall not take any action which is intended to terminate the employment of any employee, who is employed by a Party on the effective date of this Agreement. 8.5.2 Party Compliance with laws governing Personnel. Each Party is responsible for their compliance, in the performance of any services under this Agreement, with Idaho Code Section 67-5901 et seq., Title VII of the Civil Rights Act of 19641) 42 U.S.C. Section 2000, et seq., as amended by the Civil Rights Act of 19911, the American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq. as amended by the American with Disabilities Act Amendments of 2008, the Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq. the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq. 8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate complaints referred from the Board, the Administrative Committee, or the Medical Directorate made by or against the Party's employees concerning matters related to their performance of services governed under this Agreement. This does not require a Party to report the results of any investigation. Each Party retains control of its personal property, personnel records, reports, and other documents for purposes of resolution or remediation of complaints. 8.6 Medical Supplies, Each Party shall provide necessary medical supplies for their personnel and equipment to operate within the System. Upon direction from the Board, JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY --- PAGE 16 6/512013 the Parties shall endeavor to engage in joint purchasing of medical supplies in order to realize cost savings. 8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify, defend, and hold harmless each other Party, their officers, agents, and employees,from and against all claims, losses, actions, or judgments for damages or in` to persons or .lm'y property arising from or connected to the acts and/or activities of it and/or its agents, employees, or representatives pursuant to and under the terms of this Agreement to the extent allowed by law. ARTICLE IX ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY 9.1 Management of Funds and Administrative Support. The ACEMS District shall provide for the day-to-day management of the System funds as proposed by the Board through the policies and procedures established by the ACEMS District. The ACEMS District shall also provide administrative support for the Board. 9.2 Financial Advice. Ada County may make available a financial manager to the System g Y from time to time in order to monitor the System's financial situation and to consult with the Board concerning the same. The Board may seek their own financial Y manager as needed. 9.3 Legal Counsel. The Parties agree to make their respective legal counsel available for use by the Board, subject to a mutual agreement between the Party and the Board regarding g g the legal services to be provided and payment for those services. 9.4 Ambulance Service. The ACEMS District shall continue to provide ambulance service through its ambulance taxing district within the boundaries of the District. 9.5 Medical Supervision. The ACEMS District shall provide for a minimum of one Medical Director for the System Medical Directorate. ARTICLE X NOTICE 10.1 All notices provided for in this Agreement are to be sent to the Secretary who shall provide said notice to each Party. 10.2 Each Party shall designate in uniting to the Secretary their address for the receipt of official notices. 10.3 The effective date of notice given pursuant to this Agreement shall be three(3) days after the date of posting with the U.S. Postal Service of notice sent to the Secretary p or upon the day of notice sent by facsimile or e-mail to the Secretary. 10.4 Secretary Notice Duties. The Secretary shall: JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY -- PAGE 17 6/5/2013 10.4.1 Receive from the Party(s) and distribute to all Parties the following: 10.4.1.2 Notices provided for in this Agreement; and .1.0.4.1.3 The minutes and all official actions of the Joint Powers Board. 10.4.2 Keep a current registry of the correct legal name and address of all Parties to this Agreement, each Board member, and each alternate. 10.4.3 Process notices of withdrawal and termination asrovided in Article III p , Sections 3.4 and 3.6 herein and proposals for amendment of this Agreement as provided inArticle III Section 3.3 and Article XI herein. ARTICLE XI AMENDMENT PROVISIONS This Agreement may only be amended in accordance with the followingprocess: 11.1 An amendment may be proposed by a Party and/or by the Board. 11.2 A proposed amendment must be in writing and must include strikethrou h f g o any language to be deleted and underline of any new language of thero osed amendment. p p t. Any proposed amendment will be considered an amendment to the entire Agreement and must be submitted in that fashion. 11.3 A proposed amendment shall contain a Statement of Purpose, which shall include � � ea statement of how the Parties will be affected by the amendment; the Party to contact for information; and the amended Agreement text. 11.4 The proposing Party shalt also prepare and submit to the Secretary a Restated and Amended Agreement form for service by the Secretary in the event thero osed amendment is approved. p p 11.5 The proposed amendment text, Statement of Purpose and a Restated and Amended ded Agreement ement form shall be served upon the Secretary by the proponent Party or Board as the case may be. 11.6 The Secretary shall determine if the Proposed Amendment is in compliance with this Article and shall advise the proponent Party in the event it is not. 11.7 If the amendment proposal is in compliance with this Article, thero osed amendment P p shall be served and submitted to the Parties to this Agreement by the Secretary. Y 11.8 All Parties' approval is required for the approval of an amendment to this Agreement. 11.9 Parties must submit their approval, or their disapproval with reasoning, in accordance with service of notice as provided in this Agreement and within sixty (60) da s of the y JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY --- PAGE 18 6/5/2013 date of the cover notice from the Secretary. 11.10 The Secretary shall tally the approvals and or disapprovals within a reasonable time or in the case of no response, then soon after the day sixty (60) da period for response. The amended Agreement shall be effective after all Parties have duly signed. 11.11 The Secretary shall then give notice to the Parties of the results, and in the event the amendment passes, the Secretary shall also include with notice to the Parties the Restated and Amended Agreement. ARTICLE XII MISCELLANEOUS PROVISIONS 12.1 This Agreement shall not relieve any Party of any obligation or responsibility imposed upon it by law. p Y p 12.2 Sevcrability in Case of Partial Invalidity. If any portion of this A Bement is determined to be invalid or unenforceable as a matter of law, such invalidity or lack of enforcement shall be limited to such portion, and shall not affect any other portions or provisions, which shall be given the fullest effect permitted by law. In the event that it should ever be determined by a tribunal having appropriate jurisdiction that this Agreement is illegal or unenforceable as a matter of law, this Agreement shall be deemed to be null and void, from its inception, and the Parties hereto shall be relieved of any further performance under the terms of this Agreement. 12.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho. 12.4 No Third Party Beneficiaries. Each Party to this Agreement intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of an person or legal entityother than the Parties hereto. y o. 12.5 Counterparts and Process to Become a Party. This Agreement will be executed and delivered in counterparts, one for each Party, and at such time as theg n overniboard of g an agency intent upon joining adopts the necessary resolution authorizing the execution of the counterpart and a written notice thereof, including a copy of the resolution or other authorizing act of its governing board is provided to the Secretary,g this Agreement shall then be in full force and effect to such Parties and shall have the force and effect of an original, and copies of the signature pages of all counterparts shall be provided to all Parties to this Agreement by the Secretary. 12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement p g are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 12.7 Attorney Pees. If in the event judicial action of any kind is necessary to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover from the non - JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 19 6/5/2413 prevailing Party its reasonable attorney fees and costs asrovided b Idaho Idaho Rules of Civil Procedurep Y law and the . 12.8 Entire Agreement. This is the entire agreement between the modified only a g Partes and may be s provided herein. Board of Ada County Commissioners By: a 'd L. Case, Commissioner Absent, but Reviewed. By: Jim T' 'ssioner By: Rick Yzai e, Commissioner ATTEST: Christopher D. Rich, Ada County Clerk h%# Ph" AAnIrRne. Chief Dom* Board of the Ada County Emergency Medical Services District By. MCI avi L. Case, Commissioner By: AbaeM, bYt RoWeWed. Jim Tibbs, Commissioner By: Rick YzagUirr V2 omm i ssi oner ATTEST: Christopher D. Rich, Ada County Clerk by Phi MCGM*o Gtief Dowty JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY —PAGE 20 6/5/2013 Date: City of Boise TiaCity r I Fire District Eagle Fire District North Ada County Fire & Rescue District Date: 70, / 76F /3 Date: %? �% '&j Date:71171 � Date: %` Ioo7 4-1% JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 6/x/2013 City of Boise City of Meridian Kuna Rural Fire District Eagle Fire District North Ada County Fire &Rescue District Star Join ire Protection District Date: Date: Date: Date.- Date: ate: Date: Date: Z - JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY -- PAGE 21 6/5/2013 CITY of MERIDIAN1-� - 0 RES(3LUT'IoN 1'�I�. � BY THE CITY COUNCIL: BIRD, HOA. LUN R+OUNTREE zAREMR A A RESOLUTION UT'ION APPROVING A JOINT POWERS AGREEMENT BAY AND BETWEEN THE CITY OF MERIDIAN, ADA COUNTY, THE ADA. COUNTY EMERGENCY MEDICAL SERVICES DISTRICT, CITY OF BOISE CITY KUNA RURAL FIRE DISTRICT, EAGLE FIRE DISTRICTS NORTH AICA COUNTY FIRE AND RESCUE DISTRICT, AND STAR JOINT FIRE PROTECTION DISTRICT FOR THE COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES ISI ADA COUNTY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AT'TES'T' SAID AGREEMENT ON BEHALF of THE CITY OF MERIDIAN; ..,AND PROVIDING FOR AN EFFEC'T'IVE DATE. WHEREAS, Idaho cities are authorized to create and maintain. fire departments rtrnents to provide emergency medical services pursuant to I.C. § 50-309; and WHEREAS, the City of Meridian., by and through the Meridian Fire Department, provides basic and advanced life support within the corporate limits of the City of Meridian; and WHEREAS, Ada County, the Ada County Emergency Medical Services District, City o Boise City, Kuna Rural Fire District, Eagle Fire District, Noah Ada County �F' and Rescue District, and Star Fire Protection District all provide basic and advanced' emergency medical services within their respective jurisdictions and have determined that a joint an J d cooperative effort would provide certainty, consistency and efficiency in the management and deliver y of emergency medical services;. WHEREAS, Cities, counties and fire districts are authorized b IC y. . §§ 31-3906, 67- 2326 through 67-2333, 31-1.430 and 31-1,417 to enter injoint' to and cooperative mutual aid agreements. NOW, THEREFORE, ,EFORE, RE IT RESOLVED BY THE MAYOR AND COUNCIL O THE CITY OF MERIDIAN, IDAHO: Section 1. That the Agreement by and between. the City of Meridian, City of Boise City, Ada County, the Ada County Emergency Medical Services District Duna Rural Fire District, Eagle Fire District, North Ada County Fire and Rescue District and Star Tont Fire Protection. District, a copy of said Agreement being attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. RESOLUTION FOR JOINT POWERS AGREEMENT FOR EMERGENCY MEDICAL SERVICES - PAGE 1 OF 2 Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Agreement for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Meridian, Idaho, this day of July, 2013. +1^ APPROVED by the Mayor of the City of Meridian, Idaho this day of July, 2013. AT 'EST: APPROVED: Mayor Tay de Weerd RESOLUTION FOR JOINT POWERS AGREEMENT FOR EMERGENCY MEDICAL SERVICES - PAGE 2 OF 2 Meridian City Council Meeting DATE: October 8, 2013 ITEM TITLE: Resolution No. ITEM NUMBER: PROJECT NUMBER: Resolution No. /.3 _ 9 S : Resolution Approving Project Selection for the Community Development Block Grant PY2013 Action Plan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 13 r / 5? BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING THE RE -SUBMISSION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2013 ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that an annual action plan be submitted to the United States Department of Housing and Urban Development ("HUD") in order to receive Community Development Block Grant ("CDBG") funding for the Program Year of 2013; and WHEREAS, the City held a public hearing on the Program Year 2013 Action Plan on July 23, 2013, and held a public comment period on the draft application materials from June 20, 2013 to July 23, 2013, and the City held a public hearing on the selection of a specific public facility project to be included in the PY2013 Plan on October 1, 2013. WHEREAS, the City Council selected the proposed Project One—Idaho Avenue Sidewalk Construction as a primary public facility project for PY2013 and the proposed Project Two— Installation of Street Lights within the LMI Area as an alternate public facility project for PY2013, and directed staff to include these two projects in the PY2013 Annual Action Plan and resubmit the plan to U.S. Department of Housing and Urban Development. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Program Year 2013 Action Plan and the certification documents, incorporated herein by reference be, and the same hereby are re -submitted as described in Attachment 1. Section 2. That the Mayor and the City Cleric be, and they hereby are, authorized to respectively execute and attend the certifying documents for the Program Year 2013 Action Plan for and on behalf of the City of Meridian. RESOLUTION APPROVING CDBG DOCUMENTS —Page 1 OF 2 Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 4 ,,,,A//DOPTED by the City Council of City of Meridian, Idaho this �day of 0(24b%R Oe— 2013. APPROVED by the Mayor of the City of Meridian, Idaho, thisday of ©gyp b 2 2013. APPROVED: Weerd ATTEST:: By cry r Jay L. Holman, City Cler E IDIZ IANC* IDAHO d �•"� SEAL }f yP FT PF e TRT RF.soLUTION APPROVING CDBG DOCUMENTS —Page 2 OF 2 September 26, 2013 STAFF REPORT TO: Mayor and City Council FROM: Lori Den Hartog, CDBG Administrator CC: Caleb Hood, City of Meridian, Planning Division Manager RE: Public Hearing on October 1, 2013 for final project selection for the Community Development Block Grant Program Year 2013 Action Plan 1. SUMMARY DESCRIPTION OF PROPOSED PROJECT OPTIONS FOR PY2013 ACTION PLAN On July 23, 2013 a public hearing was held for the Program Year 2013 Action Plan. During that hearing, a public facility project proposal had not yet been specifically identified. The PY13 Action Plan stated that a project would be selected at a future date. At this time, staff is presenting two options for consideration and selection for use of the $142,000 in CDBG PY13 funding previously identified for a public facility project. Project Option 1 Public Sidewalk Construction: Idaho Avenue between NW 51h Street and Meridian Road Priority: Suitable Living Environment, Public Facility National Objective: Low -Moderate Income Persons, Area Benefit (LMA) 570.208(a)(1) Outcome Category: Sustainability Outcome Measure: 1 completed public facility Project funds (approximately $141,859) will be used by the City, in partnership with the Ada County Highway District (ACHD) for the design and construction of sidewalk on Idaho Avenue, between NW 51h Street and Meridian Road, where no sidewalk currently exists. Portions of Idaho Avenue west of Meridian Road have existing sidewalk, but it is discontinuous on both sides of the roadway. The area west of Meridian Road and south of Pine Avenue is primarily residential (zoned R-8 and R-15) and lacks adequate pedestrian facilities. There are several pedestrian attractors within this localized area including the Meridian Food Bank, Meridian Elementary School, Meridian Head Start, the Meridian Boys and Girls Club, and Meridian City Hall. By constructing sidewalk on Idaho Avenue, an important pedestrian connection will be made to the services and businesses in this area. Because this sidewalk project is not currently funded or projected to be funded, through either ACHD's Community Programs or the City's funding mechanisms, ACHD has stated a willingness to partner with the City of Meridian on this project. The City would manage the design, bid and construction process for the project. ACHD would not be a sub -recipient of the CDBG funding, but ACHD supports the City Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 • Fax 208-888-6854 . www.meridiancity.org Page 2 moving forward with this project. Sidewalk Improvements scored highest on the resident survey under the Infrastructure category, and this project is intended to address part of this identified community priority and need. The sidewalk will be constructed within the 80 -feet of existing public right-of-way. The project will not include pavement widening or the construction of curb and gutter along the length of Idaho Avenue. Specific Location of Sidewalk Construction • North side of Idaho Avenue, west of NW 4th Street, approximately 427 -feet to connect to existing sidewalk on the north side of Idaho Avenue. • South side of Idaho Avenue, west of NW 4th Street, approximately 340 -feet to connect to existing sidewalk on the south side of Idaho Avenue. • North side of Idaho Avenue, from NW 0 Street to the mid -block between NW 3rd and NW 2nd Street, approximately 460 -feet. • South side of Idaho Avenue, from Meridian Road to the mid -block between Meridian Road and NW 1st Street, approximately 160—feet. • Install Pedestrian ramps at all four corners of the intersection of Idaho Avenue and NW 4th Street and the intersection of Idaho Avenue and NW 3`d Street. • If funds are available, construct pedestrian ramps at the intersections of Idaho Avenue with NW 2nd Street NW 1st Street as needed. Project Option 2 Street Light Installation: Various Locations Priority: Suitable Living Environment, Public Facility National Objective: Low -Moderate Income Persons, Area Benefit (LMA) 570.208(x)(1) Outcome Category: Sustainability Outcome Measure: 9 Street Lights Project funds (approximately $53,000) will be used by the City Public Works Department for the installation of street lights at the locations listed below: 1. Intersection of NW 14th and W Maple Ave 2. Curve where W Maple Ave meets NW 13`h Ave 3. North end of NW 15th Ave 4. Cul-de-sac on NW 14th Place 5. Intersection of NW 14th and W Piedmont Ct 6. Intersection of NW 111h St. and W Clarinda St. 7. Sharp curve on W Clarinda St. 8. Intersection of NW 7th St. and Broadway Ave 9. Corner/cul-de-sac on W Broadway Ave The intersections and locations identified above currently are without lighting. Streetlights at intersections have been shown to reduce crash risk, especially for pedestrian vehicle collisions. The City does not currently have funds to retrofit existing residential neighborhoods with the necessary street lights. While the City does have funding to install some street lights each year, it is limited and focused on areas specific to improving pedestrian safety near schools. None of the above locations meet those criteria. Street lights scored second highest on the resident survey under the Infrastructure category, and this project is intended to address part of this identified community priority and need. Page 3 2. RECOMMENDATION Staff recommends selection of Project One, Idaho Avenue Sidewalk, as a primary project, and selection of Project Two, Streetlights, as an alternative project if any of the other projects for PY2013 come in under budget or do not proceed as planned. 3. PROCESS INFORMATION A public hearing notice was published on August 16, 2013 in the Valley Times newspaper and the Idaho Statesman notifying the public of the hearing on October 1, 2013. 4. EXHIBITS TABLE 3C PY2013 IDAHO AVENUE SIDEWALK CONSTRUCTION MAPS OF IDAHO AVENUE PHOTOS OF IDAHO AVENUE TABLE 3C PY2013 STREET LIGHT INSTALLATION MAP OF STREET LIGHT LOCATIONS NOTICE OF PUBLIC HEARING PUBLIC COMMENTS -ADDED AFTER PUBLIC HEARING ON OCTOBER 1, 2013 Page 4 Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Facility Project Title: Sidewalk Construction on Idaho Avenue Description: Construct approximately 1,300 lineal feet of sidewalk on the north and south sides of Idaho Avenue between NW 5th Street and Meridian Road The City of Meridian will use the CDBG funding to design and construct sidewalk on Idaho Avenue between NW 5th Street and NW 2nd Street where no sidewalk currently exists. Objective Category: MSuitable Living Environment []Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area Idaho Avenue between NW 5th Street and NW 2nd Street, Census Tract 103.22, Block Group 2 HUD Objective Number Project ID SL 3 $141,859 HUD Matrix Code CDBG Citation 03L 24 CFR § 570.201(c) Type of Recipient C DBG National Objective Entitlement LMA Start Date Completion Date 1/1/2014 9/30/2014 Performance Indicator Annual Units Public facility 1 Local ID Units Upon Completion 1 public facility Funding Sources CDBG $141,859 ESG HOME HOPWA Total Formula $141,859 Prior Year Funds Assisted Housing PHA Other Funding Total $141,859 The primary purpose of the project is to help: ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Page 5 Map of Existing Sidewalk on Idaho Avenue Page 6 Proposed SidewalkConstruction Idaho Avenue Proposed locations for construction a a a N n 431 419 1029 1030 1029 -- _ lase - - _— 1052 94 1009 1010 o n 1023I $ 511 g 1075 P P P S 1035 1010 428 1001 tom le. 982 It 926 13 n h me P P 911 ry ry 428 918 927 978 921 922 P n w 0 907 974 b o � 903 m s 1 m 205 821 814 873 830 816 613 39 629 817 8}7 B 81616 u`i g a a m m M n n '�14. 128 32 807 p 106 ra aena N n na �No'O '�^ 5�57 ro 203 Y4 731 725 �33 71 722734724412 711 e m .r %roe 73710135970 5221 70 ° 4 2 30- r9a ay va -- ^y 133 637 n 15 n 6m ~ ry 622 631 629 631 "�' "�' < a e 62try 625 624 674 677 621 33 616 615 622 6t5 608 605 606 804 � 602 W Ir ad Proposed locations for construction ' l � r� y, 7 - '�:' . r � A � s, � Q __` � n• ,e, f� ti_. _- '� `a own o r-f'.- tom-- I� i h Page 12 Jurisdiction's Name: Priority Need: Project Title: Description: Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Suitable Living Environment—Public Facility Installation of Street Lights Install Street Lights at 8 locations with the LMI Area The City of Meridian Public Works Department will use the CDBG funding to design and install Street lights at various locations within the LMI Area that are in need. Objective Category: ❑Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area Various Locations within LMI Area HUD Objective Number Project ID SL 3 $53,000 HUD Matrix Code CDBG Citation 03K 24 CFR § 570.201(c) Type of Recipient C DBG National Objective Entitlement LMA Start Date Completion Date 1/1/2014 9/30/2014 Performance Indicator Annual Units Street lights 8 Local ID Units Upon Completion 8 new street lights Funding Sources CDBG $53,000 ESG HOME HOPWA Total Formula $53,000 Prior Year Funds Assisted Housing PHA Other Funding Total $53,000 The primary purpose of the project is to help: ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Page 13 LMI Street Light Project Map Page 14 Idaho Statesman LYr Nr��r�rrr rI LFu Lurruu,� Vrllur LowN Gi, •L LSyLN.[Oy PO Box 40, Boise. ID 83707.0040 LEGAL PROOF OF PUBLICATION Accaunta Ad Numaerna n PUAmwnt CGa lanes 262513 0000870996 LEGAL NOTICE CITY OF MERIDIAN NOTI 589.88 2 48 Attention: CITY OF MERIDIAN it RETAIL 33 E BROADWAY AVE MERIDIAN, ID 836422618 IILEGAFFLggtN�0R711C�EE NO710E OFOPUBLICI HEANING Rogarding Meridian i Commupiry Dwolopmont 9lock Grant (CDBG) Program on D an Mnu unkrlake its and ra v. At the CO3G Progam is available online at htlp:// Q 6v contachns Lai Ow Hanogg nt de nun DeporinienC 208884-5533 0denharl Rb. Sept. 16, 2013 Y�''t,hRligp�'a� r..: 'CI'aY •t Plly' 2 vv • q• rugmn,,, JANICE IIILDRETH, being duly swam, deposes and says: That she is the Principal Clerk of The Idaho • Statesman, a dally newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which • said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months • prior to the first publication of the notice, a copy of which is attached hereto: that said notice was ublished in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: 1 Insertions : i Beginning issue of: 09/16/2013 Ending issue of: 09/16/2013 r ' (l , egais Clerk) STATE OF IDAHO) 8s COUNTY OF ADA) On this 16th day of September in the year of 2013 before me, a Notary • Public, personally appeared before : me Janice Hildreth known or identified to me to be the person whose name subscribed to the within Instrument, and being by first duly sworn, declared that the statements therein are true, and acknledged to me that she exec led the me. 1� Notary Public FOR Idaho Residing at: Boise, Idaho My Commission expires: D$ 'LDf� Page 15 Valley Times P.O. Box 1790 -Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: Cl 11 6t llc vl &Uurh Identification: N'o�'ic� d'/ Pa. Illi. �Fanni j ,� Ale- eAlaa r Address: .33 E • A aro &A-w!j A-Vertes- Run Dates: 9- [ C0 z0 l3 Mpg G „-'Ahs q " Number Lines � Amount G - z,0 Attention: Other Rest n at My Commisslon expires: L Frank Thomason, being duly swom, deposes CITYOFMEnIDNN and sag That he is the Principal Clerk of NOTICE OF PUBLIC HEARING 1-14,13 Regarding rant Valley limes a weekly newspaper published at B ackGMerl Community Development Biotic Grant (CDBG) Program Eagle, Ada County, State of Idaho; that the said newspaper Is In general circulation in the said The City of Meridian has been designated mr Entitlement Community by the U.S. County of Ada, and In the vicinity of Meridian, Department of Housing andlhban Development (HUD). This designation allows rhe City Star, and Eagle, and has been uninterruptedly to receive funds annually from HUD's Community Development Block Omni (CDEG) pmgmus. The City anticipates that it will receive an allocation of$293,913 on October 1. published In said County during a period of 2013 for Program Year 2013, 3venty-eight consecutive weeks prior tO the firet :anon of this notes, a copy of which is attached In order to receive these funds, the City has submitted to HUD an Annual Action Plan hereto, and that the notice was published in Identifying the projects and goals the City will undertake to create new Jobs, Increase lalley Times, in conformity with Section 60-108, affordable and accessible housinaandrevitaliuMeridian netghborhuodsduring the next Idaho Code, as amended, for L ProgromYca.. At the time oflheorighal public headrson July23,2013 for thePropum Year 2013 Action Plan, the City had not formaliVA Plans for one activity. The Annual _time(s) there regular entire Issue of said f, 9 Papa and Action Plan. as submitted to HUD, identified a Public Facility Project to be completed as printed In the newspaper proper, and not in a during the upcoming year within the City's Low-Modcmtc Immo (LMI) Area. Al Bre supplement: and that said notice was published public hearing the City Council will delemdne how to utilize $142,000 in the LMI area. 2) Construction an the following dates: S{4)(c The pmjsct options are 1)installation ofsballights N high -need areas, Beginning KI 6.w oraldewalk In high -need areas, or3)a combination orslr"dight installation and sidewalk eenfbuction all within the LMI arca. ' ALL CITIZENS ARE RWITED to strand a public hearing on Tuesday, October 1, 2013, at6:oop.M., it the Meridian City Council Chambers, MeridianCify Hall, 33 E. Dreedway, Avenue, Meridian, idaho,rogardingthc ScItOdan ofthepubhe facility projeclto bar mncd Ending le, PM IJ out by the City during the 2013 Program Year, Special Invitation is extended to persons tir.s.s,A! (n.rw"%r,— with disabilities, residents ofossiated lousing, and Meridian bmincm and property 6wnets. Meridian City [fall is a handicapped accessible facility. Individuals requiring acconmrodationofphysM, sight, orhming impairments or language hlklpraladon pleats STATE OF IDAHO) contact Oto CityClukat(208)888-0433. AltelthensmayreviewlhcPmposalm(fpmvido testimony. Copia of the proposal will be mailable September 17, 2013 a the MeridianI City Hall in the Community Development Department, and on the City'sCDEn website, )SS �y COUNTY OF ADA) is In the 2013 ay Of year of httruffeAm neridianeftyorpledbg. ?fore me, a Notary P lie, personally appeared Mort information about the CDBG Program is available online at hup:// Bon, known or Identified to me to teethe person www.meridianchy.erg/cdbgorby contacting Lori Den Hartog al theMcridum community Be name is subscribed tO the within lnstfUment, Development Department; 208.884.5533 (IdenhartoliC�eridianaltyorg). being by me fl ly swom, declared that the s h rein are true an knowledged to me that Publish: September 16, 2013 ,r //$ /7 e expcifted the same. Rest n at My Commisslon expires: L Page 16 Public Comments No public comments were submitted at the public hearing held on October 1, 2013. Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Ac�&—k- 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: October 8, 2013 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: PW Strategic Focus Update Public Works Department: Strategic Focus Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PW Water Conservation Plan Public Works: Meridian Water Conservation Plan Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: MPR - Discussion on Future Dog Park Parks and Recreation Department: Discussion on Future Dog Park 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 NOW .A r �g '� r .. � �, x �f w �.� � � '� ;; yy� • ♦ . Y. f p+,� ��t• '�� � v ''�st Y ��. � � D. Im 1 -r I _- U � � � 0 i D. Im 1 -r I � a I � a N U M ,--( O cts bJbQ b,U O O � O O � U O %+ V1 . m 4-� w T 00 m 4 Cd 0 rci 42 Cd Cd Cd Cd bo O 4-.( o cd Cd C-) 0 Cd v 4 U u 0 u 0 Al u i Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Community Development - Transportation Update Community Development: Transportation Update on Projects, Plans and Programs - Includes Report on Parklet Project, Downtown Street Cross -Section Master Plan, Meridian Road Interchange Rebuild Project, and Other Transportation Projects 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 October 3, 2013 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager C)� RE: Transportation Update, October 2013 October 8th, 2013 City Council Workshop Agenda Item Below is a summary/update on some of the transportation and roadway projects City Staff has been involved with over the past several months. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to occur) in the transportation realm. Staff will be at the October 8th workshop to discuss some of these topics in more detail, but Staff does not intend on mentioning all of these projects during the meeting. Instead, please feel free to contact staff should you have any comments, concerns, or questions on any of these projects before, during, or after the workshop. Downtown Cross -Sections Master Plan: The Community Development Department has been working on a Downtown Meridian I City Core Cross-section Master Plan for the City Core. The City Core is defined as the area between Meridian Road and East 3rd Street to the west and east, and by Carlton Ave and Ada Street to the north and south. The intention of the plan is to clearly identify expectations with redevelopment, to create and preserve for both connectivity and place -making opportunities necessary to the success of a destination Downtown. Many plans currently cover the area, but do not necessarily outline element priorities with limited right-of-way and funding opportunities, or to provide alignments and necessary direction. On September 30th, an open -house was held with stakeholders and interested parties to discuss draft cross-section for the plan. Staff sent out several hundred postcards to both property owners and tenants within the planning area, and went door to door for a dozen or so suggested businesses, to offer opportunities for more one-on-one discussions about the project. Informal comments for future cross-sections were Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone208-884-5533• Fax208-888-6854. www.meridiancity.org Page 2 generally positive with an expressed interest, but turnout for the open -house was limited to a dozen or so attendees. Some comments about the project included support for alternative parking configurations on State Avenue, a desire to see greater pedestrian activity on Main Street, a request to explore place -making opportunities on Main Street, a desire for improved lighting on pedestrian corridors, and more generally to enhance connectivity and accessibility. Staff will continue to accept comments, either through an online survey (www.meridiancitv.org/streetpIan) or with personal meetings, until the end of October. Next steps will include additional outreach to build support for less traditional design elements, appropriate revisions based on comments and feedback, and ultimately for adoption/approval at the City and with the Ada County Highway District. Depending on interest and final cross-sections, next steps may also include refined design drawing concepts for key block segments, to be better positioned for quick implementation of improvements as opportunities for partnerships allow. Parklets: Related to the cross-section project, the Parklet demonstration concluded its second and final installation the weekend of September 29th, in front of Rick's Press Room. Out of the effort were a number of lessons learned. Weekends for example, at least without special events, limited the daylight visibility of the program as many destination type businesses in Downtown tend to have reduced hours on the weekends. The short duration of each installation also made it difficult for people to get used to the idea, and while not totally avoidable, weather was not ideal for either weekend, but particularly with Rick's Press Room. With the exception of flowering plants, all materials are stored at the Park's Maintenance facility and reusable, or alternatively may be repurposed. KEYACHD CONSTRUCTION PROJECTS (2013-2014): Meridian Road and Main Street Split Corridor (MSC2): On September 19th, the ribbon cutting ceremony was held and the MSC2 project was opened for traffic. Landscaping in the north curve area (Fairview/Main) and at the cross-over (Main/Ada) is still outstanding and will occur later in October. During the October 1st Council meeting, a concern arose about the lack of sidewalk in the cross-over island at Main/Ada. Sidewalk was not originally designed with the MSC2 project in this area because there is no good pedestrian outlet from the island; concerns about pedestrians being trapped. However, with the planned improvements (landscaping and art) this island will most likely function as a small urban gathering spot. Therefore, ACHD is re-evaluating the need for sidewalk to/from/through this island. ACHD has not had enough time to draw any conclusions yet, but they will be at one of the upcoming Council meetings to report their findings and sidewalk recommendations. Franklin, Ten Mile to Linder: This project is 85% complete and should be done in October. Ustick, Locust Grove to Leslie: This project includes widening of Ustick to 5 -lanes, curb, gutter, sidewalk and bike lanes and widening of the Locust Grove/Ustick intersection. Page 3 Right-of-way acquisition is currently underway. This project(s) should be under construction this fiscal year. KEYACHD DESIGN AND STUDY PROJECTS McMillan, Locust Grove to Eagle Road: Design is 95% complete on this project; construction is currently unfunded. However, in the Draft IFYWP this project is programmed for construction in 2015. Franklin, Black Cat to Ten Mile Road: This is a Federal Aid project, programmed for construction in FY16 with the Franklin/Black Cat intersection. As part of the scoping of this project, the City requested detached sidewalks, a center median, and lighting be included with the project. Ustick Corridor: There are several projects in the design and right-of-way phases along Ustick Road. There are plans to design and construct projects at the Locust Grove/Ustick and Ustick/Meridian intersections, and roadway widening projects for the segments between Leslie (Eagle Road) and Locust Grove, Locust Grove to Meridian, and Meridian to Linder. Phasing of these projects along Ustick will probably occur in both directions, towards the center (Meridian Road.) This is due to drainage needs. Staff is participating on the ACHD project teams and will continue to provide updates to Council as necessary. ACHD PROGRAMMING 2014-2019 Integrated Five -Year Work Plan (IFYWP): On September 10th, Staff discussed the Draft IFYWP with Council. A letter was sent to ACHD on September 13th asking the ACHD Commission to consider some changes to the draft plan. The ACHD Commission held a workshop on October 2nd to discuss comments received from the cities in Ada County (Eagle, Boise and Meridian sent ACHD letters.) Staff will provide a verbal update to the Council on October 7th about the ACHD workshop, including our Economic Development project request (E. 3`d Street Extension), and our request for ACHD to be proactive in addressing needs in northwest Meridian in anticipation of the SH -16 extension to Chinden. ITD PROJECTS Meridian Road Interchange (IC): The Meridian Interchange Task Force (TF) met in September with representatives from Connecting Idaho Partners (CIP), Parametrix (PMX) and RBCI. An update on right-of-way, design and anticipated construction timelines were discussed. The PS&E (Plans, Specifications and Estimate) documents for this project have been reviewed by the City. This project should go out to bid before the end of the calendar year. Construction over the Ten Mile Creek will occur this fall/winter and the IC construction will begin in March/April 2014. City staff and ITD continue to work on elements that may be included with this project. Staff recently received a draft inter -agency cooperative agreement for the aesthetic elements (landscaping, art, etc.) the City would like to see with this project. Staff anticipates bringing that agreement to Council for consideration and approval later in October. Page 4 COMPASS Call for Projects: In July, COMPASS sent a letter to the City asking for projects to be considered in the FY2015-2019 Regional Transportation Improvement Plan (TIP). During the September 9th, Meridian Transportation meeting, potential applications/projects were discussed. The deadline for applications is Friday, November 15 h. As authorized by City Council, two grant applications were submitted over the past year to begin work on the Rail with Trail (RWT) project. The first application requested money for a study of the arterial crossings of the pathway. This project was approved for full -funding ($85,000) by ITD and COMPASS for 2013. The second TAP application, for design and construction of a portion (about 1 mile, including roadway crossing(s)) of the Rail with Trail (RWT) project was submitted to COMPASS in March. The City's request was for a total of $1 M, with $200K (20%) of that being local match. The City received letters of support for this project from: the City of Boise, the City of Nampa, Central District Health Department, ACHD's Bicycle Advisory Committee, and Police Activities League (PAL). The second application for RWT will be done in the following years with the following funding levels: FYI $ 75,000 for design ($60K Federal/$15K Local) FYI $297,000 for construction ($237,600 Federal/$59,400 Local) PD (FYI 9) $203,000 for (advance) construction ($162,400 Federal/$40,600 Local) TOTAL $575,000 ($115K Local) Staff requests Council approval to reapply for the remaining, unfunded portion of the first mile of RWT pathway requested earlier this year. The TIP application would be for TAP funds for the remainder of what Council authorized earlier this year: $425K total, ($340K federal; 20% local match of $85K) to complete this segment in FY19/PD. RECEIVE] OCT 0 0 20`13 CITY OFGiTei CITY CLERKS OFFICE iT�) CP -Monthly Status Report, Meridian View As of: 10/112013 Prolog Manager ACHO Page 1 Project Name City Project Cost (FY13 C2C) PM Concept Design - Design ROW Constr Priority # Comment 2013 Pedestrian Improvements: ADANRF/Core Boise, Aerldian, Eagle, arden Cly 93,700 Slatkus N/A 55% N/A 2014 N/A Master project number for design contract of 6 ped improvements ( 813032.001, 813032.002, 813032.003, 813032.004, 813032.005, 812012.007) jf/fs 9/20/13 2014 Federal Aid Overlays Boise, eridian 643,053 Busche N/A 10% N/A 2014 N/A Civil Survey Consultants is the design consultant. The concept report has been submitted .Proposed road segments are: Cherry Lane, Ten Mile to Linder (Meridian); Franklin Rd, Linder to N. Main(Meridian); Bogus Basin Rd, Hill Rd to Curling Dr(Boise); Hill Rd, Gary Ln to N. 361h Sf(Boise); Hill Rd Parkway, Seaman Gulch Rd to Gary Ln(Boise); State SI, Veterans Memorial Parkway to N. Clover D(Boise)r; Fairview, Main to Locust Grove(Meridian); Castle Drive, Pierce Park to Hill Road (Boise) (AB 9-16-13) 2014 Signal Timing Plan Update Safety project Boise, vleridian 202,000 Statkus N/A 2014 N/A 2014 N/A Project funded, signal timing design process with consultant, anticipated completion in June 2014. Anticipate consultant on board in January 2014, jf/fs 9/20/13 2015 Federal Aid Overlays larious "lies & da unty 349,000 Busche N/A 2014 N/A 2015 N/A Parametrix has been chosen as the design consultant. They are preparing a scope, schedule and budget. Road segment list is being finalized. (AB 9-9-13) Franklin Rd, Black Cat Rd / Ten Mile Rd Nda, vleridian 6,286,950 Bevins N/A 90% 0% 2016 N/A Still wailing for environmental approval from ITO, it is critical path and may affect Final Design. PIM #2 held. jf/DBB-9/18113 (Eagle Rd) McMillan Rd, Locust Grove / SH 55rerldian 369,790 Zaragoza N/A 95% 0% OF 82/152 Addressing 95% QAQC comments. jf/az/pld 9116/13 Ten Mile Rd and Overland Rd Park & Ride 503,600 Dewit N/A 2014 N/A 2015 N/A project intiated, upcoming Design in House project. Selected consultant for CUP and landscaping project needs. Contract in negotiations; NTP target 1011/13jf/ptd 9/19/13 Uslick Rd and Meridian Rd 4,236,873 Bevins N/A 93% 0% PD 171152 75% Review Mfg held, addressing comments. Developing final PIM boards, PIM held Aug 8. Advancing towards 95%. jf/pld/DBB - 9/18/13 Ustick Rd, Linder Rd / Meridian Rd A, M 4,080,800 Bevins N/A 50% 0% PD N/A Working towards 50% design. Developing final PIM boards, PIM held Aug 8. JI/pd (9/19/2013) DBB Ustick Rd, Meridian Rd / Locust Grove Rd Meridian 4,457,035 Bevins N/A 74% 0% PD 16/152 Advancing towards 75% design, interanal QA/QC. Qf/pid 9/18/2013) DBB Victory Rd Bridge #296, 1/4 mile E of Locust Grove Meridian 706,691 Zaragoza N/A 2014 0% PD N/A In -House Project Design may be delayed to FY2014 to accomodate other project priorities, Topa recd. (jf/pid 9/18/2013). fywp,jf,6/3/13 Pine Ave, New Haven Cove PI / Neridian Rotan Ave 7 266,767 Culler N/A 99% 0% 2015 66/72 Plans to ROW, Appraisal underway, potential to move up Construction. rc 9/19/2013. fywp, jf, 6/3/13 Ten Mile Rd, Cherry Lane / Ustick Rd 3,471,508 Busche N/A 99% 92% 2015 N/A The Ten Mile / Ustick Intersection has been split from this project, and was constructed separately in FYI 2. The remaing project has had major revisions to the storm drain system, and the addition of Fire Station, Hawk and School Zone signal systems. This project is in the Right of Way phase. Currently programmed for Construction 2015. T/AB 9-16-13 Prolog Manager ACHO Page 1 Z abed OHOV Ja68a8HI 6o/ad (E UEl9 of 'dAsAl) "EL/E/61Jze alaldwm Ayequelsgns'ELAj u! 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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 AGREEMENT FOR THE DISSOLUTION AND TRANSFER OF ASSETS AND LIABILITIES FROM MERIDIAN HEIGHTS WATER AND SEWER DISTRICT TO THE CITY OF MERIDIAN; SETTLEMENT AGREEMENT AND RELEASE This Agreement ("Agreement") is made and entered into and made effective as of the date of the latest signature below (the "Effective Date"), by, between and among MERIDIAN HEIGHTS WATER & SEWER DISTRICT, a political subdivision of the State of Idaho, and its successors, legal representatives, agents, assigns, and all other persons or entities acting for, by, or through it ("MHWSD" or "District"), L.C. DEVELOPMENT, INC., an Idaho corporation, and its successors, heirs, legal representatives, agents, and assigns, ("L.C."), the President of which is Lee Centers ("Centers"), and the City of Meridian, an Idaho municipal corporation, and its successors, legal representatives, agents, assigns, and all other persons or entities acting for, by, or through it ("City), collectively called "Parties." RECITALS WHEREAS, MHWSD is a duly organized and existing water and sewer district operating under and pursuant to Idaho Code §§42-3201 et seq. in Ada County, Idaho within the area of city impact of the City. The boundaries of M14WSD generally encompass two subdivisions, the Meridian Heights Subdivision and the Kentucky Ridge Subdivision (collectively, the "Subdivisions"); and CWHEREAS, MHWSD operates a wastewater reuse system pursuant to the Idaho Recycled Water Rules (IDAPA 58.01.17), the Idaho Wastewater Rules (IDAPA 58.01.16), the Idaho Groundwater Quality Rule (IDAPA 58.01.11) and a Municipal Wastewater Reuse Permit (LA -000067-04) (the "Permit") issued by the Idaho Department of Environmental Quality ("IDEQ") on December 3, 2009; and WHEREAS, in connection with its wastewater reuse system, MHWSD owns approximately sixteen (16) acres of real property more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "District Property"); and WHEREAS, Centers' predecessors in interest conveyed to the MHWSD's predecessor in interest an easement on the Condemnation Property, as described herein, for the purpose of land application of the MHWSD's sewer effluent, which easement was originally conveyed on April 8, 1976 and recorded as Instrument No. 2601976 in the records of Ada County (the 1976 casement also appears to have been recorded as Instrument No. 1387080485 in the records of Ada County), and conveyed again on August 9, 1995 and recorded as Instrument No. 1965001651 in the records of Ada County (the 1995 easement was recorded again on January 16, 1996 as Instrument No. 96004015 in the records of Ada County) (the "Easement"), copies of which are attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the MHWSD approved a Revenue Bond in the amount of $1.5 million in 2010 to either purchase the Condemnation Property or pursue connection to the City; and AGREEMENT -1 / WHEREAS, MHWSD filed a Complaint against Centers in the Fourth Judicial District of the State of Idaho, in and for Ada County, Case No. CV OC 1201196 (the "Lawsuit") to acquire title to forty (40) acres of real property owned by Centers, more particularly described in Exhibit C attached hereto and incorporated herein by this reference (the "Condemnation Property") for the current and future use by MHWSD for land application of sewer effluent as permitted by the Permit and the Easement; and WHEREAS, Centers and L.C, desire that the land application of sewer effluent on the Condemnation Property pursuant to the Permit and Easement cease, that MHWSD connect its water and sewer systems to the City, and the Lawsuit be dismissed; and WHEREAS, in addition to the Condemnation Property, Centers owns 152 +/- acres of property adjacent to the Condemnation Property and within the area of city impact of the City, which is more particularly described on Exhibit D attached hereto and incorporated herein by this reference (the "Centers Property"); and WHEREAS, the City is a duly organized municipal corporation of the State of Idaho which owns, operates and maintains municipal drinking water and wastewater systems as authorized by Idaho Code §§50-323, 50-332 and 50-1030; and WHEREAS, the City is not a party to the Lawsuit, but is a party to this Agreement, as in order for the land application to cease and the condemnation to be unnecessary, the City would % have to agree to allow MHWSD residents to connect to City sewer; and WHEREAS, the parties wish to settle the disputed claim in the Lawsuit and agree on a solution which would allow MHWSD residents to connect to City sewer, and resolve all related claims that are known or that should be known as of the Effective Date of this Agreement to the party with the right to assert the claim or claims, without further litigation and related expenses; and WHEREAS, all properties in the MHWSD, the District Property, the Condemnation Property, the Centers Property, and property owned by Merle Hansen ("Hansen"),' more particularly described in Exhibit E attached hereto and incorporated herein by this reference as if set forth in full (the "Hansen Property") are identified as being within the area of city impact of the City; and WHEREAS, in order to facilitate a resolution of the Lawsuit, to provide cost-effective municipal water and sewer services to residents of MHWSD, and to promote the orderly development and expansion of the City, the City is desirous of finding a way for the MHWSD to I Meige Hansen is not a party to this Agreement. The Parties acknowledge and agree that the Hansen Property is identified herein for the sole purpose of describing parcels that will be included in the City's annexation application as described herein, AGREEMENT - 2 dissolve and for the properties to annex into the City; and WHEREAS, the MHWSD intends to protect its residents to ensure that in the event of a transfer of its water system and sewer system to the City that the MHWSD residents who are receiving water service and/or sewer service shall continue to receive such services from the City; and WHEREAS, the MHWSD, the City and L.C. have agreed in concept that the best way to further the goals of all Parties is to dissolve MHWSD pursuant to the procedures outlined in Idaho Code §42-3239, transfer all of its assets to the City, and connect MHWSD's water and sewer systems to City services. NOW, THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, acknowledged by each of them to be satisfactory and adequate, MHWSD, the City and L.C. hereby mutually undertake, promise and agree, each for itself, and its successors and assigns as follows: 1. Definitions. As used in this Agreement, the following terms shall have the meanings set forth below: a. Annexation. The term "Annexation" herein shall mean a Category B Annexation into the City of Meridian city limits pursuant to Idaho Code § 50-222 (3)(B). b. Election. The term "Election" refers to a special election to be held by MHWSD to secure approval for the District to dissolve and all assets and obligations of the MHWSD to be transferred to the City. The election shall be held on November 5, 2013 pursuant to Idaho Code §§ 42-3239(3) and 34-106. C. Physical Connection. The term "Physical Connection" shall mean the actual connection of the MHWSD Sewer System or the Water System, respectively, to the City sewer system or water system, respectively, and the release of appurtenances that allows the sewer effluent from the Sewer System to flow into the City's sewer system and that allows the flow of water from the City's water system into the Water System. d. Closing. The term "Closing" means and refers to the closing of the transactions contemplated by this Agreement, including the dissolution of the MHWSD and transfer of assets to the City pursuant to Idaho Code §42-3239, which closing shall take place at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho 83642, on such date and at such time as the Parties may mutually determine after all Contingencies have been satisfied, which is anticipated to be on or about December 19, 2014 (the "Closing Date"). e. Water System. The term "Water System" means and refers to all Water Rights, water storage reservoir(s), groundwater wells with pumping facilities, the distribution r system appurtenances such as water lines, fire hydrants, valves, and water meters, together with AGREEMENT -3 / all rights of way, easements, and real property owned by the MHWSD (for the purpose of water system supply, delivery, operation and maintenance), which are more particularly described in Exhibit F attached hereto and incorporated herein by reference. It is agreed that Exhibit F shall be completed and attached to this Agreement and agreed to by the Parties prior to the Closing Date. f. Seiver Systene. The term "Sewer System" means and refers to all sewer collection pipelines, together with all rights of way, easements, and real property owned, other than Excluded Assets, by the MHWSD (for the purpose of sewer system collection, operation and maintenance), which are more particularly described in Exhibit G attached hereto and incorporated herein by this reference. It is agreed that Exhibit G shall be completed and attached to this Agreement and agreed to by the Parties prior to the Closing Date. g. Cash Assets. The term "Cash Assets" means and refers to all funds in bank checking and/or savings accounts including any other cash assets as weII as surety instruments, investments, and all other financial assets cash or otherwise of the MHWSD more particularly described in Exhibit H attached hereto and incorporated herein by reference, subject to changes in those cash assets up to the Closing Date due to reasonable operation and maintenance costs of the MHWSD from the continued operation of the Water System and Sewer System and any receipts of the MHWSD for assessments and Rom operational expenses, costs and attorney fees incurred by the MHWSD, and any reasonable hold back for contingent liabilities at the time of Closing. A new updated Cash Assets exhibit shall be prepared and attached to this Agreement and agreed to by the parties prior to the Closing Date. h. Other Real or Personal Property. The term "Other Real or Personal Property" means and refers to all real or personal property of the MHWSD, other than the Excluded Assets, including but not limited to, accounts receivable; delinquent accounts and all collection, lien and other rights related thereto; GIS/GPS system assets; machinery; equipment; vehicles; easements; licenses; and Water Rights, all of which are more particularly described in Exhibit I attached hereto and incorporated herein by reference. An amended or updated Exhibit H may be completed and attached to this Agreement if agreed to by the Parties prior to the Closing Date. i. Relater! Agreements. The term "Related Agreements" means any agreement by and between the MHWSD and any third person as a subcontractor or independent contractor to perform set vices for and/or in pursuit of the purposes of the MIIWSD. j. Water Rig/its. The term "Water Rights" shall mean and include the water rights owned by the MHWSD identified in Exhibit J attached hereto and incorporated herein by reference. k. Project Schedule. The term "Project Schedule" shall mean that certain schedule set forth on Exhibit K attached hereto and incorporated herein by reference. The Parties agree that the start and finish dates set forth in the Project Schedule are good faith estimates, but that the party(ies) responsible for line item tasks will utilize their best efforts to AGREEMENT -4 start and finish the tasks as soon as reasonably possible and earlier than the estimated dates. Further, the Parties agree that any line item task that is delayed due to unfavorable weather conditions, delay in a task caused by non -completion of a condition precedent task, delay in receipt of regulatory agency approval, or other unforeseen circumstances will not be deemed a per se breach of this Agreement by the party responsible for the line item task. 1. Contingencies. The term "Contingencies" shall mean and include all of those conditions precedent to Closing identified in this Agreement. rn. Grandfather Rights. The term "Grandfather Right(s)" shall mean the right by the landowner to continue to use the real property they own in the same manner that existed at the time of the signing of this Agreement. n. Transition Period. The term "Transition Period" shall mean the period of time between the Physical Connection and Closing whereby the City provides water and/or sewer services to the MHWSD but the MHWSD is still operational, thereby necessitating dual operations as set forth herein. o. Excluded Assets. The term "Excluded Assets" shall mean those assets identified in Section 10(c) herein. P. Lawsuit. The term "Lawsuit" shall refer to the condemnation proceeding between MHWSD and Lee Centers to which the City is not a party. 2. .Election. MHWSD agrees to submit to the qualified electors of the District on the November 5, 2013 general election ballot the question of dissolution of the District and transfer of all assets and liabilities thereof to the City, pursuant to the requirements of Idaho Code §42-3239. The term "success" or "successful" when used in relation to the election shall mean an affirmative vote of the District patrons to dissolve the MHWSD. If the vote is in the negative then (i) the Consents to Annex that have been filed as part of this Agreement are voided; (ii) any payments lodged by any parties shall be refunded within five (5) days, and all parties shall absorb all their own costs that have been expended, other than those payments, without reimbursement from any of the parties to this Agreement; and (iii) all obligations contemplated by this Agreement shall terminate. 3. Connection to City Sewer. a. Server Main Extension and Easement In the event the Election is successful, L.C. will install and provide a sewer main extension from Victory Road with a single point connection for MHWSD (the "Sewer Improvements") pursuant to the Project Schedule, contingent upon the City's acquisition of a thirty foot (30') wide easement from Hansen to cross the Hansen Property. L.C. shall bear all costs for such connection, including but not limited to: engineering design, staking, licenses, permits, application fees, and construction. Cb. Peiforntance Assurances. L.C. shall provide a performance bond, cash AGREEMENT - 5 deposit, certified check, or irrevocable bank letter of credit in a form acceptable to both the City and the MHWSD for the estimated cost of construction of the sewer line on or before October 15, 2013, and shall have an effective date no later than November 10, 2013, which shall be held by the City of Meridian until such time as the construction is completed. The assurance shall be released within fifteen (15) days of completion of construction and City acceptance thereof. In the event the Election is not held or is unsuccessful, or the City fails to complete the Annexation as set forth in Section 5 below, the City agrees to release such security to L.C. within five (5) days after the Election or within five (5) days of a final decision of the City Council disapproving the annexation or annexation ordinance. The same assurance may be used for construction of the sewer line and the water line. C. Design and Related Approvals. In the event the Election is successful, L.C. agrees to authorize design of the sewer connection on November 6, 2013, with design to be completed and submitted to the City and MHWSD for review consistent with the Project Schedule. The City and MHWSD agree to review and approve the sewer connection design as soon as reasonably practical following receipt from L.C. L.C. agrees to submit the sewer connection design to all appropriate agencies and obtain all approvals and permits related to such sewer connection. Upon receipt of the sewer connection design approval from the City, Centers agrees to obtain a license from the Nampa -Meridian Irrigation District for construction of such sewer line under the Ridenbaugh Canal. Construction of the portion of the sewer line under the Ridenbaugh Canal shall be completed consistent with the Project Schedule; provided, however, that delay in the issuance of a license by the Nampa -Meridian Irrigation District and resulting delay in construction under the Ridenbaugh Canal through no fault of L.C. shall not be deemed a default by L.C. and shall not result in the termination of this Agreement as provided in Section 11 herein. d. Physical Connection to City Server System. The Parties agree to cooperate in providing all necessary notices to IDEQ prior to the Physical Connection of the Sewer System to the City, as required by applicable state and federal law, rules, regulations and the Permit. The Physical Connection of the Sewer System shall occur consistent with the Project Schedule. Upon completion of the Sewer Improvements, the Physical Connection to the City sewer system shall be made. C. Indemnity and Insurance. L.C. agrees to indemnify and hold harmless the MHWSD and the City of Meridian from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of subcontractors, suppliers, agents, employees, engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to L.C.'s performance of the connection to the City's sewer system. L.C. agrees to purchase an insurance policy or policies that meet or exceed a policy limit of $1,000,000.00. Said policy or policies shall be maintained in effect until at least thirty (30) days after the City accepts the connection to the City sewer system. L.C. shall list the MHWSD as an additional insured on the liability insurance required by the City for the construction of the sewer connection to the City which said liability insurance is appropriate for the work being performed and will provide protection from claims set forth below which may arise out of or result from L.C., its subcontractors, suppliers, agents, employees, engineers, AGREEMENT -6 / architects, attorneys and other professionals' performance of the work and other obligations associated therewith. Said insurance shall cover claims for: i. workers' compensation, disability benefits, and other similar employee benefits acts; ii. damages because of bodily injury, occupational sickness or disease, or death; iii, damages insured by reasonably available personal injury liability coverage which are sustained by: (a) any person as a result of an offense directly or indirectly related to the employment of such person by L.C, or its subcontractors, agents, employees, or other covered professional contractors as listed in this Section 3(e); iv. damages, other than to the work itself to connect to the City sewer system, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefi•om; V. damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle; and vi. damages because of any release of hazardous materials which are regulated as pollutants by any state or federal law or laws. 4. Connection to City Water. a. Water Main Extension and Easement. In the event the Election is successful, L.C. will install a twelve -inch (12") water main line extension from Victory Road through the Hansen Property to the MHWSD water main, making water available for extension and connection to MHWSD (the "Water System Improvements"), contingent upon (i) the City's acquisition of an easement from Hansen to cross the Hansen Property; and (fl) completion of the Annexation contemplated by Section 5(b). L.C. shall bear all costs for such connection, including but not limited to: engineering design, staking, licenses, permits, application fees, and construction for the water main line connection of the Condemnation Property to Victory Road. L.C. shall also bear all costs of the physical connection of the existing MHWSD water main to the new twelve -inch (12") water main as described herein. b. Performance Assurances. L.C. shall provide a performance bond, cash deposit, certified check, or Irrevocable bank letter of credit in a form acceptable to both the City and the MHWSD for the estimated cost of construction of the water line on or before October 15, 2013, and shall have an effective date no later than November 10, 2013, which shall be held by the City of Meridian until such time as the construction is completed. The assurance shall be released within fifteen (15) days of completion of construction and City acceptance thereof. In AGREEMENT -7 the event the Election is not held or is unsuccessful, or the City fails to complete the Annexation l set forth in Section 5 below, the City agrees to release such security to Centers within five (5) days after the Election or within five (5) days of a final decision of the City Council disapproving the annexation or the annexation ordinance. The same assurance may be used for construction of the sewer line and the water line. C. Design and Related Approvals. L.C. agrees to authorize design of the water line extension and connection on November 6, 2013, with design to be completed and submitted to the City for review consistent with the Project Schedule. The City agrees to review and approve the water line extension and connection design as soon as reasonably practical following receipt from L.C, L.C. agrees to submit the water line extension design to all appropriate agencies and obtain all approvals and permits related to such water connection. d. physical Connection to City Water System. The Parties agree to cooperate in providing all necessary notices to IDEQ prior to the Physical Connection of the Water System to the City, as required by applicable state and federal law, rules, regulations and the Permit. The Physical Connection of the Water System shall occur consistent with the Project Schedule. The sewer Physical Connection shall not be delayed by or contingent upon construction of the Water System Improvements and/or water meters installation as set forth in the Project Schedule. e. Indemnity and Insurance. L.C. agrees to indemnify and hold harmless the MHWSD and the City of Meridian from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of subcontractors, suppliers, agents, employees, engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to L.C.'s performance of the connection to the City's water system. L.C. agrees to purchase an insurance policy or policies that meet or exceed a policy limit of $1,000,000.00. Said policy or policies shall be maintained in effect until at least thirty (30) days after the City accepts the connection to the City sewer system. L.C. shall list the MHWSD as an additional insured on the liability insurance required by the City for the construction of the water connection to the City which said liability insurance is appropriate for the work being performed and will provide protection from claims set forth below which may arise out of or result from L.C., its subcontractors, suppliers, agents, employees, engineers, architects, attorneys and other professionals' performance of the work and other obligations associated therewith. Said insurance shall cover claims for: L workers' compensation, disability benefits, and other similar employee benefits acts; ii. damages because of bodily injury, occupational sickness or disease, or death; iii. damages insured by reasonably available personal injury liability coverage which are sustained by: AGREEMENT -8 C(a) any person as a result of an offense directly or indirectly related to the employment of such person by L.C. or its subcontractors, agents, employees, or other covered professional contractors as listed in this Section 3(e); iv. damages, other than to the work itself to connect to the City water system, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; V. damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle; and vi. damages because of any release of hazardous materials which are regulated as pollutants by any state or federal law or laws. 5. Annexation. The City agrees to pursue Annexation of the Condemnation Property, the Centers Property, the Hansen Property, the District Property, and the residential properties owned by residents within the MHWSD. a. Consent to Annex. MHWSD, Centers and Hansen have provided written consent to the Annexation as required by Idaho Code §50-222, which consent shall be recorded with the Ada County Recorder and which shall not lapse until the City takes its final action on the Annexation (the "Consents"). In the event that the Election is not held or the dissolution of ( the District is not approved, the Consents shall be deemed withdrawn and a withdrawal of such Consents shall be filed with the Ada County Recorder. b. Annexation Process. If the minirmmn threshold for annexation pursuant to Idaho Code §50-222 (3)(B) is met, the City shall pursue and complete the annexation process in compliance with Idaho Code §§50-222(3), and 67-6501 et seg., and applicable provisions of the Meridian City Code. The annexation process shall be completed pursuant to the Project Schedule; provided, however, that delay in approval of the Annexation and adoption of the Annexation Ordinance due to weather, lack of quorum, or other circumstances beyond the control of the Parties shall not result in the invalidation or termination pursuant to Section I I of this Agreement. C. Zoning Upon Annexation. Upon Annexation, the Centers Property, the District Property and the Hansen Property shall be entitled to all Grandfather Rights applicable to such properties until such time as they develop and enter into a development agreement with the City. d. Contingencies. In the event the Election is not held or dissolution is not approved, the City shall not be obligated to approve the Annexation as set forth herein, Further, if the dissolution is approved and the City decides not to annex the subject properties, the City shall be obligated to connect the Water System and Sewer System to the City and accept the transfer of the assets and obligations of the MHWSD, if approved by the District Court. The AGREEMENT -9 / Parties may enter into a service agreement to identify the necessary costs and rates for service. All hook up and connection fees will still need to be paid. e. Development Agreement Any property that is subject to this Agreement and the Hansen Property previously identified on Exhibit E, that is granted an R-8 Zoning shall agree to sign a Development Agreement as a condition of annexation to limit development of the property to single family residential properties until an amendment to the DA is approved or a rezone occurs or both. 6. Lot Line Adjustment of MHWSD Property. The MHWSD agrees to initiate a lot line adjustment application with either the City or Ada County to separate its buffer zone parcel from its storm water pond parcel to allow for the transfer of the storm water pond parcel to the Ada County Highway District ("ACRD") at Closing. Such application shall be initiated in sufficient time to allow approval of the lot line adjustment prior to Closing. The MHWSD and the City agree to work with the ACHD as necessary or required to accomplish the transfer of the storm water pond parcel. At Closing, the MHWSD agrees to execute all documents necessary to convey the storm water pond parcel to ACRD. 7. Decommissioning of MHWSD Sewer Lagoons. The MHWSD agrees to decommission the existing sewer lagoons pursuant to one of the options set forth in this Section 7. Under either option, the MHWSD agrees that the decommissioning will be complete as soon as reasonably possible but in no event later than the Closing Date, provided that the time to decommission the lagoons shall be extended if decommissioning is delayed due to; unfavorable weather conditions; delay in the Physical Connection of the Sewer System being made to the City sewer system; delay in receipt of regulatory agency approvals; or other unforeseen circumstances. The MHWSD and its successors or assigns to the sewer lagoon property are allowed to utilize the best, most economical practices to decommission the sewer lagoons that IDEQ will permit in the decommissioning plan, The Parties agree to cooperate as may be necessary in such decommissioning, including providing notices to IDEQ and other agencies as may be required by law, rule, regulation or the Permit. The MHWSD agrees to convey to the City such rights of way or other easements across the District Property as may be necessary to secure continued City water and/or sewer services and/or public access to the District Property prior to any sale by the MHWSD. The proceeds from such sale shall be applied to reduce the costs necessary to effectuate the transactions contemplated in this Agreement. a. Decommissioning by MHWSD. Under this option, the MHWSD agrees to be responsible for the decommissioning and reclamation of the existing sewer lagoons. Upon the reclamation and decommissioning of the lagoons, the MHWSD shall retain the right to sell the District Property pursuant to applicable Idaho law. Any proceeds received from the sale of the District Property shall be applied to reduce the costs necessary to effectuate the transactions contemplated in this Agreement. b. Decommissioning by Third Party. Under this option, the MHWSD may elect to auction the District Property pursuant to applicable state law with the condition that the third -party purchaser completes decommissioning of the lagoons as set forth in Section 7 above. AGREEMENT -10 / Any proceeds received from the sale of the District Property shall be applied to reduce the costs necessary to effectuate the transactions contemplated in this Agreement. S. Hookup Fees; Payment Assurances, The City will charge MHWSD $513,084 for water hookup fees and $780,716 for sewer hookup fees (collectively "Hookup Fee"). L.C. agrees to contribute $780,716 to the City on behalf of MHWSD prior to completion of the sewer main extension, towards payment of Hookup Fees and/or for other costs related to Physical Connection, contingent upon the Annexation being completed and approved and a successful Election held by MHWSD in which a vote to dissolve the District is approved. L.C. agrees to provide payment assurances for such Hookup Fees and related costs in the form of a payment surety, cash deposit, certified check, or irrevocable bank letter of credit, to the City of Meridian on or before October 15, 2013, with an effective date no later than November 10, 2013. The City agrees to release such security to L.C. within five (5) days of either of the following: (i) the failure of the Election to occur on November 5, 2013 or an Election that results in disapproval of dissolution of the MHWSD as contemplated herein; or (ii) the failure of the MHWSD to vacate the Easement in accordance with Section 15(g) herein. 9. Contribution from City. The City will provide a credit of $634,575 to MHWSD to offset Hookup Fees and/or costs, and to acquire the assets of MHWSD as set forth in Section 10(b) herein. 10. Dissolution and Transfer of District Assets and Liabilities. a. Resolutions. After a successful election to dissolve the District, the MHWSD shall adopt a resolution of dissolution and transfer of assets and liabilities pursuant to the requirements of Idaho Code §42-3239, and the City shall adopt a resolution accepting such transfer of assets and liabilities. b. Transfer of Assets. At Closing, MHWSD shall transfer, give and assign to the City, and the City agrees to accept the same, all subject to and upon the terms and conditions contained herein, all right, title and interest of the MHWSD in and to the Water System, Sewer System, Cash Assets, Water Rights, and Other Real or Personal Property and all other assets of the MHWSD of every kind and description, tangible or intangible, pertaining to, used in or necessary for the operation of the Water System and the Sewer System (the "Acquired Assets"), other than assets specifically excluded as set forth in Section 1 Oc. C. Excluded Assets. The MHWSD sewer lagoons and surrounding real property, the Easement, and the MHWSD storm water pond (i,c. the District Property) are specifically excluded from the assets that shall be acquired by the City pursuant to this Agreement. The following agreements are also specifically excluded fiom the assets that shall be acquired by the City; (i) Service Agreement between the MHWSD and Francisco and Ricki Sabala for water service; (ii) MOU between the MHWSD and Francisco and Ricki Sabala; (iii) MOU between the MHWSD and Rick and Cbarlaine Fisch; and (iv) MOU between the MHWSD and Alexandria P. McNish. AGREEMENT -11 d. Assumption of Liabilities. On the terms and subject to the conditions set l forth herein the City will assume and satisfy or perform when due only the following liabilities and obligations of the MHWSD (the "Assumed Liabilities"). L Loans. The MHWSD has an outstanding loan from 1DEQ with a balance of approximately $115,000 and an outstanding loan from IDWR with an approximate balance of $270,000. These loans shall be assumed by the City at Closing. ii. Revenue Bond. The voter approved Revenue Bond in the amount of $1.5 million will be assumed by the City as set forth herein. The MHWSD agrees to take all steps necessary as required by Idaho law to issue the bonds authorized by the Revenue Bond election, including payment of all costs associated with underwriting of such issuance and establishing reserves required by such Revenue Bond, such that the bonds are issued prior to Closing. Upon issuance of the bonds, the MHWSD agrees to establish a special sewer assessment pursuant to Idaho law for its residents which assessment shall be used to repay the bonds. The special sewer assessment shall survive Closing and all authority to collect the same shall be transferred to the City. At Closing, the City shall assume all rights and obligations associated with the Revenue Bond, including but not limited to: the authority to collect the special sewer assessment, maintaining sufficient reserve funds to cover necessary payments on the bond, and payoff of the Revenue Bond within the time period prescribed therein. At such time as the bond is paid off in full, the City shall remove the special assessment from the properties within C the MHWSD. The City agrees to notify the residents within the MHWSD at least annually the balance due on the bond and the approximate date that the special assessment will cease. e. Funding of Deficit. The Parties acknowledge that (i) a deficit of roughly $814,575 is expected in order for MHWSD to connect to both City water and sewer, as reflected on Exhibit L attached hereto; (ii) there may be additional election costs of MHWSD to hold an election to dissolve the District; (iii) there may be additional costs of decommissioning the District's Sewer Lagoons if the District opts to perforin the Decommissioning pursuant to 7(a) of this Agreement; (iv) there may be additional revenues to lower the deficit from the sale of the District's decommissioned Sewer Lagoon sites; and (v) there may be additional costs to finalize and issue the Revenue Bond on behalf of the District. The Parties therefore agree that any funds necessary for connection to City services not being paid as outlined herein by the City or by L.C. may be covered by the existing Revenue Bond available to the MHWSD upon the terms and conditions set forth in Section 10(d)(ii) herein, and other lawful funds available to the Parties hereto. The Parties agree to cooperate in good faith to use as few Revenue Bond funds as possible to limit the monthly water and sewer rates and other costs to MHWSD residents. The Parties will work together to ensure that the requirements are met to use the Revenue Bond funds according to the terms thereof and applicable law, rules and regulations. f. Administration of Services. At Closing, the City shall assume all responsibility for billing and administration of water and sewer services for MHWSD residents. The City and MHWSD agree to cooperate in the transition of such administration services and in AGREEMENT- 12 notification of MHWSD residents as to the time such transfer will occur. The City and MHWSD agree to provide no less than thirty (30) days' written notice to MHWSD residents of such transfer. g. Liabilities Not Assumed. The City will not assume or perform any liabilities or obligations of any type or nature whatsoever not specifically assumed pursuant to this Agreement. Without limiting the generality of the foregoing, the City shall not assume or perform any of the following liabilities and obligations of the MHWSD: i. Any liability arising as a result of any legal or equitable action or judicial or administrative proceeding initiated at any time in respect to anything done, suffered to be done or omitted to be done by the MHWSD or any of its respective directors, employees or agents prior to Closing; H. Any liability of the MHWSD for costs and expenses incurred in connection with the Related Agreements, the making or performance of the Related Agreements, and the transactions contemplated thereby; and iii. With the exception of the loans and bond as set forth in this Section 10, any liability of the MHWSD in respect of any debt owed to third parties arising prior to Closing. h. Conditions Precedent to Closing. All of the Contingencies identified in this Agreement and those tasks identified in the Project Schedule shall be satisfied in order for the Closing to occur. i. Deliveries at Closing. At Closing, the MHWSD will deliver to the City properly executed and acknowledged, if appropriate, the various certificates, instruments, and documents to gift, transfer, convey, and assign to the City all the Acquired Assets, which shall include quitclaim deed(s) to real property and easement rights to the Water System and Sewer System, and such other documents as may be necessary to transfer and convey the Acquired Assets from the MHWSD to the City. j. Court Approval. Atter a successful election to dissolve the District and transfer its assets and liabilities, the City and the MHWSD agree to file with the Fourth District Court of the State of Idaho, in and for the County of Ada, all documents required by Idaho Code §42-3239(4). 11. Default and Termination. a. Notice of Default and Termination. The Parties may terminate this Agreement as provided below: i. The Parties may terminate this Agreement by mutual written consent at any time prior to the Closing; AGREEMENT -13 / ii. Subject to Section 16 herein, any Party may terminate this l Agreement by giving written notice to the other Parties (i) of a default by such other party in the timely performance of an obligation imposed under this Agreement; or (ii) the Election fails to result in the approval of dissolution. iii. In the event of a default of performance on or before the time specified in this Agreement, the defaulting party shall be given thirty (30) days after notice of such default to cure or correct such default. If the default remains uncorrected after such cure period, the non -defaulting parties may deem the Agreement terminated. b. Effect of Termination. If any Party terminates this Agreement pursuant to Section 11(a)(i) or (ii) above, all rights and obligations of the Parties hereunder shall terminate without any liability of any Party to any other Party. C. Remedies. If any party defaults for any other reason the non -defaulting party or parties shall have the right to claim any and all fees, costs expended, and attorney's fees and costs against the party or parties causing the default. 12. Representations and Warranties of the MHWSD. The MHWSD represents and warrants to the City and L.C. that the statements contained in this Section 12 are correct and complete as of the date of this Agreement. a. Organization of MHWSD. The MHWSD is a duly organized and validly existing water and sewer district, and political subdivision of the State of Idaho, operating pursuant to Idaho Code §§42-3201 et seq. b. Authorization of Transaction. Subject to any Contingencies set forth in this Agreement, the MHWSD has the power and authority to execute and deliver and to perform its respective obligations hereunder. All actions or proceedings to be taken by or on the part of the MHWSD to authorize and permit the execution and delivery by the MHWSD of the instruments required to be executed and delivered by the MHWSD pursuant hereto, the performance by the MHWSD of its obligations hereunder, and the consummation by the MHWSD of the transactions contemplated herein have been duly and properly taken. C. Noncontravention. Neither the execution and the delivery of this Agreement, not the consummation of the transactions contemplated hereby will result in a breach or violation of, or default under (i) the MHWSD's Bylaws; (ii) to the MHWSD's knowledge, any law applicable to the MHWSD; or (iii) any agreement to which the MHWSD is a party or by which it is bound or to which any of its assets is subject (nor result in the imposition of any lien upon any of its assets). The MHWSD does not need to give any notice to, make any filing with, or obtain any authorization, consent or approval of any governmental agency, except as specifically set forth herein, in order for the Parties to consummate the transactions contemplated by this Agreement. AGREEMENT -14 r d. Title to Assets. The MHWSD has good and marketable title to, and the l power to transfer the Acquired Assets, free and clear of all liens. C. Legal and Other Compliance. The MHWSD is and has been in compliance in all material respects with all applicable laws, or has expeditiously made efforts to resolve instances of noncompliance, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against any of them alleging any failure to so comply. Neither the ownership nor use of the properties of the MHWSD nor the conduct of its purposes conflicts with the tights of any other person or violates, or with the giving of notice or the passage of time or both will violate, conflict with, or result in a default, right to accelerate or loss of rights under, any term or provision of the Bylaws of the MHWSD or any lien, permit, lease, contract, agreement, understanding, or law to which the MHWSD is a party or by which the MHWSD may be bound or affected. E Litigation. Other than the Lawsuit, which shall be dismissed with prejudice on or before December 31, 2013 if there is a vote to dissolve the District, , with each side to bear their own costs and attorneys fees therein, there are no judicial or administrative actions, claims, suits, proceedings, or investigations pending to the MHWSD's knowledge, nor are there any threats thereof or basis therefore, that might question the validity of this Agreement or of any action taken or to be taken pursuant to or in connection with the provisions of this Agreement nor, to the knowledge of the MHWSD, is there any basis for any such action, claim, suit, proceeding or investigation. There are no judgments, orders, decrees, citations, fines or penalties heretofore assessed against the MHWSD affecting its operations, the Acquired Assets or the Assumed Liabilities under any law. The MHWSD shall file a Stipulation to Vacate Trial, the terms of which have been separately agreed to, within two (2) days of the Effective Date hereof. g. Consents. The Board of Directors of the MHWSD and the qualified electors of the MHWSD, through the Election, are the only persons whose consent or approval is required in connection with the dissolution and transfer, assignment or conveyance by the MHWSD of the Acquired Assets to the City. It. Books and Records. The books and records of the MHWSD, including all those public records as that term is defined in Idaho Code §9-337(13), operating manuals, and warranties, are complete and correct in all material respects and have been maintained in accordance with applicable laws, rules and regulations, and applicable sound business practices. 13. Representations and Warranties of the City. The City represents and warrants to the MHWSD and L.C. that the statements contained in this Section 13 are correct and complete as of the date of this Agreement. a. Organization of the City. The City is duly formed and existing as a municipal corporation under and by virtue of the laws of the State of Idaho. AGREEMENT -15 b. Authorization of Transaction. The City has the power and authority to execute this Agreement and to perform its obligations hereunder. C. Noncontravention. Neither the execution and the delivery of this Agreement, nor the consummation of the transactions contemplated hereby will result in a breach or violation or, or a default under, (i) any law applicable to the City, to the City's knowledge; (ii) any agreement to which the City is a party or by which it is bound or to which any of its assets is subject. Nor does the City need to give any notice to, make any filing with, or obtain any authorization, consent or approval of any governmental agency, except such notices as may be provided for herein, in order for the Parties to consummate the transactions contemplated by this Agreement. 14. Representations and Warranties of L.C. L.C. represents and warrants to the MHWSD and the City that the statements contained in this Section 14 are correct and complete as of the date of this Agreement. a. Authorization of Transaction. L.C. has full power and authority to execute this Agreement and to perform his obligations hereunder. b. Noncontravention. Neither the execution and the delivery of this Agreement nor the consunnnation of the transactions contemplated hereby will result in a breach or violation of, or a default under, (i) to L.C.'s knowledge, any law applicable to it; or (ii) any agreement to which L.C. is a party or by which it is bound or to which any of its assets is subject. Nor does L.C. need to give any notice to, make any filing with, or obtain any authorization, consent or approval of any governmental agency, except as may otherwise be provided herein, in order to constunmate the transactions contemplated by this Agreement. C. FYnancial Assurances. L.C. has the financial capability to complete the construction of the Water System Improvements and Sewer Improvements, and other obligations as provided for in this Agreement. d. Litigation. Other than the Lawsuit, which shall be dismissed with prejudice on or before December 31, 2013 if there has been a vote to dissolve the District, with each side to bear their own costs and attorneys fees therein, there are no judicial or administrative actions, claims, suits, proceedings, or investigations pending to L.C.'s knowledge, nor are there any threats thereof or basis therefore, that might question the validity of this Agreement or of any action taken or to be taken pursuant to or in connection with the provisions of this Agreement nor, to the knowledge of L.C., is there any basis for any such action, claim, suit, proceeding or investigation. Centers shall file a Stipulation to Vacate Trial, the terms of which have been separately agreed to, within two (2) days of the Effective Date hereof 15. Covenants. The Parties agree as follows; a. General. Each of the Parties will use all reasonable efforts to take all actions and to do all things necessary, proper or advisable in order to consummate and make AGREEMENT -16 effective the transactions contemplated by this Agreement. b. Access to Records Prior to Closing. The City shall have reasonable access to all of the books and records of the MHWSD to the extent that such access may reasonably be required by the City in connection with matters relating to or affected by the acceptance of the Acquired Assets prior to the Closing Date. Such access shall be afforded to the City upon receipt of reasonable advance notice. C. Fixture Assurances. At any time and from time to thne prior to the Closing, at the request of the City and without further consideration, except as stated below, the MHWSD will execute and deliver such other instruments of gift, transfer, conveyance, assignment and confirmation and take such action as the City may reasonably determine is necessary to transfer, convey and assign to the City, and to confirm the City's' title to or interest in the Acquired Assets, to put the City in actual possession and operating control thereof, and to assist the City in exercising all rights with respect thereto. After Closing, the MHWSD hereby constitutes and appoints the City and its successors and assigns as its true and lawful attorney in fact in connection with these transactions, with frill power of substitution, in the name and stead of the MHWSD but on behalf of and for the benefit of the City and its successors and assigns, to demand and receive any and all of the Acquired Assets, and to give receipt and releases for and in respect of the same and any part thereof, and from time to time to institute and prosecute, in the name of the MHWSD, for the benefit of the City or its successors and assigns, proceedings at law, in equity, or otherwise, which the City or its successors or assigns reasonably deem proper in order to collect or reduce to possession or endorse any of the Acquired Assets and to do all acts and things in relation to the assets which the City or its successors or assigns reasonably deem desirable which shall include any claim of the MHWSD against residents for water and or sewer services provided by the MHWSD. d. Continued Operations Until Closing. Except as otherwise set forth herein, the Parties acknowledge that the MHWSD may continue to operate and maintain the Water System and the Sewer System until Closing, which responsibility will likely include expenditure, application or modification of some Acquired Assets, specifically including, but not necessarily limited to, Cash Assets. It is anticipated that the Physical Connection will be made prior to Closing, necessitating dual operations during the Transition Period as set forth herein. L City as Service Provider. Upon Physical Connection, the City shall become the service provider for water and sewer services to the MHWSD residents. H. MHWSD Responsibilities Durine Transition Period. In the event the Transition Period occurs, the MHWSD agrees to be responsible for the following items: (a) The MHWSD shall retain all responsibility for administration and billing of water and sewer services, including but not limited to, billing and collection of monthly water and sewer fees from its residents, shut offs for delinquent accounts, and other account related administration; and AGREEMENT -17 (b) The MHWSD shall pay over to the City such fees collected for water and sewer services on a monthly basis in accordance with the City's current residential water and sewer rates schedule; and (c) The MHWSD agrees to work in good faith to complete the decommissioning of the sewer lagoons and sale of the property on or before the Closing Date. e. Access to Property. The Parties agree to allow reasonable access to their respective properties by each of the other Parties, or such Party's representatives or contractors, as may be necessary or required for purposes of inspection, construction, operation, maintenance or other activities necessitated by this Agreement. f. Training. The MIIWSD agrees to provide training to City personnel at mutually agreeable times on the existing Water System, Sewer System, Streetlights and related appurtenances, including but not limited to walk-through of existing buildings, line locations, well locations, manholes, and other infrastructure, and operational guidelines for such systems. g. Potation of Easement. L.C. agrees to keep the land application site in alfalfa during the time MHWSD land applies its sewer effluent. MHWSD shall begin land applying its sewer effluent on or around March 15, 2014 or as soon thereafter as possible (Permit and weather permitting) and continue to land apply at the maximum allowable discharge limit in an effort to drain its sewer lagoons/ponds until the Physical Connection is made. MHWSD agrees to send to the City and the City agrees to take all remaining sewer lagoon effluent absent of solids and/or sludge fiom the sewer lagoons/ponds after Physical Connection of the Sewer System at no cost to MHWSD. L.C. shall pay to the City a flat fee of $5,000.00 to take all the remaining sewer lagoon effluent absent of solids and/or sludge if the Physical Connection to the Sewer System is made on or before May 15, 2014. If said Physical Connection to the Sewer System is made after May 15, 2014 then L.C. shall pay to the City a flat fee of $10,000.00 to take all the remaining sewer lagoon effluent absent of solids and/or sludge. The City reserves the right to apportion its acceptance of said effluent over any sixty (60) day period, if necessary, to comply with flow limits at its waste water treatment plant. The MHWSD will execute and record a Vacation of Easement removing the existing Easement from the Condemnation Property within fifteen (15) days of the Physical Connection of the Sewer System but no earlier than .lune 15, 2014, provided the City has installed the necessary sump pump(s) and temporary connection line sufficient to commence pumping the sewer lagoon effluent into the City sewer system. h. Improvements to MHWSD Facilities. The Parties acknowledge and agree that some improvements to the Water System and Sewer System will be necessary to allow a smooth transition at the time of Physical Connection. The MHWSD acknowledges that it has already planned for and funded some improvements, as set forth on Exhibit M attached hereto, which improvements it agrees to construct prior to Closing. The City also desires to make additional improvements to the Water System and Sewer System, and the MHWSD hereby consents to such improvements, subject to the provisions of this Section. The Parties agree that improvements constructed by the City shall be made at its expense. The MHWSD shall retain the right to review and approve all plans, drawings, construction timelines, and other matters AGREEMENT -18 / relevant to the City's construction of such improvements, which approval shall not be unreasonably withheld. In the event the transfer of the MHWSD's facilities does not occur as set forth in this Agreement, the MHWSD agrees to pay to the City the costs of improvements constructed by the City over a period of not less than thirty-six (36) months, upon such commercially reasonable terms as the City and the MHWSD may mutually agree to in writing. 16, Contingencies. The Parties acknowledge and agree that the Project Schedule consists of the Parties' reasonable expectation and estimation of construction timelines and other milestones necessitated by this Agreement. The Parties agree that unforeseen delays due to weather, acts of God, strike or other causes due to no fault of any Party shall not result in the termination of this Agreement pursuant to Section 11 herein. 17. District Employees. The Parties acknowledge and agree that the two full-time District employees are eligible for employment with the City, provided that they satisfy any standards required by the City and comply with all City hiring practices. The Parties further acknowledge and agree that this Section does not guarantee employment for such District employees. 18. No Inducement. By entering into this Agreement, the Parties have relied entirely on the judgment and knowledge of their own respective employees, agents, and representatives and have not been influenced by any statement or act of any other party or any attorney or other person acting for or in behalf of such party. The Parties have proceeded in making this Agreement with the benefit of and solely in reliance upon the advice of their own respective attorneys. No Party has received any inducements, promises, or representations of any kind causing it to make or deliver this Agreement, except as set forth herein. 19. Final Agreement. This Agreement contains the full agreement of the Parties and may not be altered, amended, or modified except by a writing signed by all parties. No verbal representation or conduct of any kind shall be considered in connection with the interpretation of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall nevertheless remain valid and enforceable. 20. Notices. Any notice, request, demand, claim or other communication hereunder shall be in writing and deemed duly given upon mailing two (2) business day following the date sent when sent by overnight delivery; and five (5) business days following the date mailed when mailed by registered or certified mail return receipt requested and postage prepaid. All notices shall be mailed to the Parties at the following addresses: City of Meriditur: City Clerk 33 E. Broadway Avenue Meridian, ID 83642 LC Development, Inc.: AGREEMENT -19 Meridian Heights Water & Sewer District: Gina Harris, District Clerk/Treasurer P.O. Box 472 Meridian, ID 83640 Attn: Lee Centers P.O. Box 518 Meridian, ID 83680 Any party may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by giving the other Party notice in the manner herein set forth. 21. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho. 22. Miscellaneous Provisions. a. Binding Effect This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, successors, and assigns. b. Invalidity of Provisions. If any provision of this Agreement as applied to any Party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void and unenforceable, the same shall in no way affect any other provision in this Agreement, the application of such provision in any other circumstances, or the validity or enforceability of the Agreement as a whole. C. Modification. This Agreement shall not be modified by any Party by oral representation made before or after the execution of this Agreement. All modifications must be in writing and signed by the Parties. d. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original Agreement, and all of which shall constitute one Agreement to be effective as of the effective date. e. Attorney's Fees Upon Breach. Should suit be brought to enforce or interpret any part of this Agreement or any documents or instrument executed and delivered pursuant to this Agreement, the prevailing party shall be entitled to recover, as an element of costs of suit and not as damages, reasonable attorney's fees, and costs and reasonable attorney's fees and costs on appeal, to be fixed by the court. The prevailing party shall be the party entitled to recover costs of suit, regardless of whether such suit proceeds to final judgment. f. Agreement to Perform Necessary Acts. The Parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions and intent of this Agreement. g. Construction and Performance. This Agreement was drafted with the fall participation of all Parties. Accordingly, if there is an ambiguity in this Agreement, it should not be resolved against any particular Party, but rather should be resolved by a fair reading of AGREEMENT -20 what the Agreement was intended by the Parties to provide. h. Incorporation of Recitals. The recitals set forth in this Agreement are a material and integral part of this Agreement and are incorporated herein by reference, i. Severability. If any provisions of this Agreement as applied to any Party or to any circumstance shall be adjudged by a court to be void and unenforceable, the same shall in no way affect any other provision in this Agreement, the application of such provision in any other circumstances, or the validity or enforceability of the Agreement as a whole. ,j. Headings. The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation hereof, lc. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any other covenant, tern, or condition herein. Acceptance by a Patty of any performance by another Party after the time the same shall have become due shall not constitute a waiver by the first Party of the breach or default of any such covenant, term, or condition unless otherwise expressly agreed to by the first Party in writing, 1. Fees and Costs in Connection Willi Agreement. Each Party shall pay its C own legal fees and expenses incidental to the execution of this Agreement and the consummation of the transactions contemplated hereby. M. Authority. Each Party represents and warrants to the other Party that the person executing this Agreement on its behalf has been authorized to sign on its behalf and to bind it to the terms of this Agreement, and each person executing this Agreement on behalf of a Party represents and warrants to the other Party that such executing person has been authorized to sign this Agreement and to bind the Party on behalf of which this Agreement is executed by such person, n. Mediation. Mediation shall be a condition precedent to the institution of legal or equitable proceedings by any Party. Request for mediation shall be filed in writing with the other Parties to this Agreement. The request may be made concurrently with the filing of a legal or equitable proceeding but, in such event, mediation shall proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the Parties or court order. o. Time of the essence. The Parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. 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 default of this Agreement. AGREEMENT -21 IN WITNESS WHEREOF, this Agreement shall be effective the date of the latest signature below. MERIDIAN HEIGHTS SEWER & WATER DISTRICT Gordon Hamilton, Chairman L.C. DEVELOPMENT, INC. By.. e ee C nters, President Dated: 413113 CITY OF MERIDIAN, IDAHO Tammy DeWeerd, Mayor Approved as to form: MOORE, SMITH, BUXTON & TURCKE, CHID. Susan Buxton, of the firm Attorneys for Plaintiff SETTLEMENT AGREEMENT -22 ATTEST: Gina Harris, District Clerk ATTEST: Jaycee Holman, City Clerk IN WITNESS WHEREOF; this Agreement shall be effeetive the date of the latest signature below. MERIDIAN HEIGHTS SEWER & WATER DIST T By rdon Hamilton, Chairman dated: c# a2 L.C. DEVELOPMENT, INC. By: Lee Centers, President Dated: CITY OF MERIDIAN, IDAHO By: Tammy DeWeerd, Mayor Approved as to form: MOO MITH, BURN & TURCKE; CHTD. Susan Buxton, of the firm Attorneys for Plaintiff DAVISON, COPPLE, COPPLE & COPPLE Heather A, Cunningham, of the firm Attorneys for Defendant SETTLEMENT AGREEMENT -22 GINA M I IARfil$ NOTARY 0001.10 / l` STATE Of -'If -Mit) ATTEST: Jaycee Holman, City Cleric IN WITNESS WHEREOF, this Agreement shall be effective the date of the latest signature below, MERIDIAN HEIGHTS SEWER ATTEST: & WATERDISTRICT Gordon Hamilton, Chairman Gina Harris, District Clerk L.C. DEVELOPMENT, INC. By: Lee Centers, President CITY OF MERIDIAN, IDAHO C By. T;.«..-__. ri_� so f1 01 act nooaWQ � tC7wtn C r i Y'�IP SI [PQM. Dated: I(7 -d- Do12? Approved as to form: MOORE, SMITH, BUXTON & TURCI{E, CHID. Susan Buxton, of the firm Attorneys for Plaintiff DAVISON, COPPLE, COPPLE & COPPLE Heather A. Cunningham, of the firm Attorneys for Defendant SETTLEMENT AGREEMENT -22 CITY OF MERIDIAN AjdA, William Nary City Attorney AGREEMENT -23 EXHIBIT LIST/RESPONSIBLE PARTY Exhibit A: Legal description to MHWSD 16 Acres (the District) Exhibit B: Various Easement recordings regarding easement on Condemnation Property (Centers) Exhibit C: Centers 40 acres legal description (Centers) Exhibit D: Centers 152 +/- acres legal description (Centers) Exhibit E: Hansen Property legal description (Centers) Exhibit F: Water System description—to be determined (the District) Exhibit G: Sewer System description—to be determined (the District) Exhibit H: MHWSD Cash Assets (the District) Exhibit L• MHWSD Other Real Property/Personal Property (the District) Exhibit J: MHWSD Water Rights (the District) Exhibit K: Project Schedule (the City) Exhibit L: Deficit Pro Forma (the City) Exhibit M: Planned MHWSD Improvements (the District) AGREEMENT -24 EXHIBIT A LEGAL DESCRIPTION OF MHWSD PROPERTY 09/20/2013 Year Parcel# Status Property Type 2013 R488281D585 Active Real Property Cod�Area,, 351 Contact Information Name MERIDIAN 1-114,1GHTS WATER & SEW] Mailing Address POBOX472 MERIDIAN ID 83607-0000 Description C`OT'2DIX3 ;NTUCKY RIDGE ESTATFS SUB State Parcel # 032210030020 Physical Location Address 936 W RIODOSA Dlt MERIDIAN ID 83642-0000 Group Type SUB Group # 488281 Description KENTUCKY RIDGE ESTATES SU13 Zoning R4 Township/Range/Section 3N IW 25 Additional Contacts State Category Acres Assessed Assessment Properly Status Valuatrm� Code Value Roll Occupancy Ncthod Active 259 0,231 0 Property Roll Non -Occupancy MARKET 0 Less Homeowners Exemption 0 EXI11131T "A" Lot 1 in Block 10 of MERIDIAN HEIGIITS SUBDIVISION No. 2, according to the official plat thereof, filed in Book 41 of Plats at Pages 3353 and 3354, records of Ada County, Idaho. EXCEPT A parcel of land situate in the Northeast cpiarter of Section 25, Township 3 North, Range 1 WeaL, Boise Meridian, Ada County, Idaho, being a portion of Lot 1, Block 1.0 of MERIDIAN 1410IG14TS NO. 2 SUBDIVISION, as shoran on the official plat thereof on file in the office of the Ada County, Idaho, Recorder, and being more particularly described as follows: Beginning at the Southwest corner of said Lot 1, which is the REAL pOIDI'I: or BEGINNING; thence North 79029`04" East, 112.86 feet to the Northeasterly boundary C of said Lot 1; thence South 07046138" East, 20.95 feet to the Southerly boundary of said Lot 1; thence NorL-h 89055110" West, 1.13.80 feet to the Southwest- cornet of said Lot 1 to the REAL POINT OF BEGINNING. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 10.20.10 BOISE IDAHO 0610/10 08:39 AM + DEPUTY D -RE UEST011V IIII'll�lllll�+I�III"II��I��II I+�'II MECOADED-flEOUE to Of 1100549621 1 Meridian Helghls Water & Sewer QUITCLAIM DEED AND TRANSFER OF INTEREST IN REAL PROPERTY AND ACCEPTANCE PARTIES: Meridian Heights Water& Sewer Association, Inc. Grantor 226 Bloomington, Meridian, ID 83642 P.O. Box 472, Meridian, ID 83642 Meridian Heights Water & Sewer District Grantee 2589 S• Groom Way, Meridian, ID 63642 PA. Box 472, Meridian, Idaho 83642 This Quitclaim Deed and Transfer of Interest in Real Property and Acceptance, made effective as of the _�_ day of f� �, 2010, by and between Meridian Heights Water & Sewer Association, Inc., "Grantor" herein, an Idaho political subdivision, hereinafter referred to as "Association," whose physical address is 226 Bloomington, Meridian, Idaho 83642, and the Meridian Heights Water & Sewer District , "Grantee" herein, a water and sewer district and government subdivision of the State of Idaho, hereinafter referred to as "Water District" whose physical address is 2589 S• Groom Way, Meridian, Idaho 83642 and whose mailing address is P.O, Box 472, Meridian, Idaho 83607, SECTION I RECITALS The Patties recite and declare: L.1 Association is the holder of a Common Area Deed, entered into on the 9ei day of August, 1995 with G&S Development Company, an Idaho corporation, and intended to continue forever and in perpetuity. Within said Residential Lot Deed, the Association, for acid in consideration of good and valuable consideration, was conveyed and granted together with all and singular the tenements, hereditaments, and appurtenances thereunto, the following real estate situated in the County of Ada, State of Idaho: Parcel A A parcel of land being a portion ofthe Northeast''/4, Section 25, `i'ownsidp 3 North, Range I West, Boise Meridian, Ada County, Idaho, a shown on the official plat thereof on file in the office of the Ada County Recorder, as instrument No. 96004016, and more particularly described as follows: Beginning at out aluminum cap mat -king the Northwest Corner of the Northeast %, Northeast ''/a, Section 25, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho which is the Real Point of Beginning; Thence along the Northerly boundary of the Northwcst/, said Nortlroast %, Section 25 North 89 Degrees 43'11" West 467.00 feet to a point; Thence leaving said Northerly boundmy South 22 Degrees 00'00" East 13.00 QUITCLAW DEED AND ACCEPTANCE • 1 10.20.10 feet to a point marking a point of curve; Thence Southeasterly along a curve to the Right 248.25 feet, said curve having a central angle of 16 degrees 35'34", a radius of 857.22 feet, tangents of 125.00 feet, and a long chord of 247.38 feet, bearing South I3 Degrees 42113" East to a point of ending of curve; Thence South 05 Degrees 24'26" East 12599 feet to apoint marking a point of curve; Thence along a curve to the left 99.12 feet, said curve having a central angle 18 degrees 35'34", a radius of 305,45 feet, tangents of 50.00 feet, and a long chord of 98.69 feet, bearing South 14 degrees 42'13" East to point ending of curve; Thence South 24 dogrees 00'00" Fast 295.00 feet to a point; Thence South 00 degrees 04'50" West 240,00 feet to appoint; Thence South 31 degrees 19'38" East 365.69 feet to a point; Thence South 89 degrees 47'16" East 55.00 feet to a point on the Easterly boundary of said Northwest '14, Northeast'/., Section 25; Thence along said Easterly boundary of the Northwest '/a, Northeast '/, Section 25 South 0 Degree 04'50" West 37.95 feet to an iron pin marking the Northwest Corner of Lot 14, Block 10, Meridian Heights Subdivision No. 3 as filed for record in the Office of the Ada County Recorder, Boise, Idaho at Book 62, Pages 6274 and 6275,; Thence along the boundaries of said Meridian Heights Subdivision No.3 South 89 Degrees 04'15" East 207,08 feet to an iron pin; Thence North 16 Degrees 36'22" East 36.19 feet to an iron pin; Thence North 21 Degrees 47'22" West 50.94 feet to an iron pin; Thence North 42 Degrees 41'45" west 90.00 Feet to an iron pin marking the Westerly Corner of Lot 3, said Block 10, Meridian Heights Subdivision No. 3 which is also the Southwest Comer of Block 10, Meridian Heights Subdivision No. 2 as filed for record in the Office of the Ada County Recorder, Boise, Idaho, at Book 41, Pages 3353 and 3354; Thence leaving the boundary of Meridian Heights Subdivision No, 3 and along the boundary of said Meridian Heights Subdivision No. 2 North 00 Degrees 04'50" East 190.00 Feet to an iron pin; Thence South 89 Degrees 55'10" East 100.00 feet to an iron pin; Thence North 00 Degrees 04'50" East 599.66 feet to an iron pin marking the Northwest Corner of Lot 1, Block 9, said Meridian Heights Subdivision No. 2; Thence leaving said Westerly boundary of Meridian Heights Subdivision No.2 North 75 Degrees 27'20" West 41.41 Feet to a point; Thence North 89 Degrees 46'33" West 197.16 feet to a point on the Westerly boundary of said Northeast 114, Northeast `/, Section 25; Thence along Said Westerly boundary North 00 Degrees 04'50" East 385.55 feet to the Point of Beginning. QUITCLAIM DEED AND ACCEPTANCE - 2 10.20.10 1.2 On May 26, 2009, the Meridian Heights Water & Sewer District was created, organized, and established as a governmental subdivision of the State of Idaho. 1.3 The Water & Sewer District has the authority and the right to acquire either by purchase or other legal means, interests in real property necessary for the maintenance and improvement of the water district for said purposes; and 1.4 The Water & Sewer District Board of Commissioners and the Board of Directors of the Association have each determined that a quitclaim deed herein provided for to transfer the grant of easements is advisable and in the public interest and facilitates the intent of the Association for maintenance and improvement of the Water District. In consideration of the mutual covenants contained in this quitclaim deed, the parties agree and act as follows: SECTION II QUITCLAIM DEED GRANT AND CONVEYANCE OF INTEREST IN REAL PROPERTY FOR DISTRICT MAINTENANCE PURPOSES 2.1 Association does hereby grant, convey and release and quitclaim all right, title and interest, to C the above mentioned real estate, including any and all rents, issues, and profits thereof, which Association now has or may hereafter acquire unto the Water & SewerDistriet, and or its assigns as hereinafter provided for, from the effective date hereof. SECTION III ACCEPTANCE OF GRANT AND CONVEYANCE FOR DISTRICT MAINTENANCE PURPOSES 3.1 The Water & Sewer District does herebyaccept this conveyance of the Real Property herein provided for. UUII GLAIM ULLU ANI) AGUtt' 1 AIVUt • J 10.20.10 IN WITNESS WHEREOF, this Quitclaim Deed and Acceptance has been executed on the o� day of :11A1 -e � 2010 with the intent that it shall be recorded in the office of the recorder of the County of Ada, State of Idaho. C ATTEST: , Clor� Treasurer MERIDIAN HEIGHTS WATER & SEWER ASSOCIATI N, IN al R, ill It's resident MERIDIAN HEIGHTS WATER & SEWER DISTRICT Val It, ill, Chairman QUI rCLAI M DEED AND ACCEPTANCE • 3 10.20.10 STATE OF IDAHO ) : ss. County of Ada On this O? day, /of _ , ((CiIL�_, in the year of 2010, before me, a notary public, personally appeared uR g___ all known or Identified to me to be President of the Meridian Heights Water & Sewer Assoeiation, Inc, that executed this Quitclaim Deed and Acceptance, and acknowledged to me that such corporation executed the same. DATED this day of, 2010, WK -O (SEAL) ,,otArrr p B%o r 0 STATE OF IDAHO ) ss. Notary Public for Idaho My Commission Expires: ZA(x� o9O) q County of Ada ) On this day of in the year of 201 U, before inc, a notary public, personally appeared Val R. Hill, kno or identified to me to be the President of the Board of Commissioners ofthe Meridian Heights Water & Sewer District, Ada County, State of Idaho that executed this Quitclaim Deed and Acceptance, and acknowledged to me that such District executed the same. DATED this �day of, 2010, (SEAL) ```„uuwnuu,u r t ti. �6yA G I I ., Notary Public for Idaho v : 9 My Commission Expires: 25 ,UWv Q dol PUBLIC "0 OF lV QUITCLAIM DEED AND ACCEPTANCE - 5 EXHIBIT B Various Easement Recordings on Condemnation Property a I .�S0Mi+tXt1Y, YNC••; ae •') I -a ' Secand Aarky. � - l This Permanant Easement en',d Loan Agreement made �nd erste+ into this d='.�3� day of Aprll, ,l§76, by and bbtwee•n 3TTVBN 14. 1 and SANDRA NAN$OX, husband and xi#e, herenfkar referrgd to as Patties and SQVT1iWi;ST DGVMOPMr;NT. COMPANY, IMC•, an Iduho .Cort hereafter re --erred LO as Second ParL•y, each of whom 3oe5•herel to the f611owirige j Ne S S E T -N: 41161tE1S :first patties mmn :xsal propsrl:y in Ada c unty, .Idaho ;iarticplarly described as: l !l The $1,111 of the NE!{ ol; .Section -25, Township Northr a Range 1 !Vest, SM -1 �Od, WMEREAS second party owns:or did ovin Meridian Heights No. 1 Subdivision Nhir_h lien near. to Sirst parti9a' prgprttyi And, WHEBaaS second party desijen tn subdivlils additional lands djacent to the.-Xisting tlerirlipn Hei•;.hts Nc, 1 Subd,Lvisionl and, i•11E;K-;AS Mpridlan 11-1ghts WapaY And :Sem?r Aseocia ion, Inc. hr.s !•roviderl and will continue to provide.- ctnr and sawer rgev.1r.e3 yo- said st•hdivi.ainn inc.ludin7 An_y addib ona subdivision as nr,y hr r •trov*d by the uuthnr.loiia having ;urisdicti,a over any such new sul.divlalanl and, 1I MHEP,EA$ the SOaho Derartmont of Hea]tb and L1n1PaYe will require ;,;Writ, of hast•, wi Lve apa:sacingr• efllu.•,nt lfrr 01legepn,(:s) _ •ruing sup. is cu7;cl+ itl:Lnr3 red Cht'�`i �s.1L a or smir�"l'f rIigr_tjon n. -arra ianris nn cpn�ltians squired ay the. Idaho. D',rlrlm.•nt of and n,.l rr cc; nn,9r �• i'i"iPE:tS t)^n lnno-- rrtrn •d !:y firab ;artier, arta �aal� tar, la?•mar. 'titin n'; ra.00ntr,) ho bn htlllt 'TW are lands y/biclr cnn be `n¢ ntla r1 o -ted frcn such iarvOn(a)1 and, first arLies and ,willing to far L•icipahe with second . "s the di07q,jel of th-7 'dAsl:a Water and savage EI IBIT C . � ���d ��at(rlk;of SI,,:gbo.:00 p i •.lsar 'fcammaneing oflUea9 i>!il(.( , fff :•ire$r dltJing; lah-i Eh first part;'ea are^ requiged to •pUM the weato •wet •r and Maw, a#flu nt as h4ein poor} medl�(ie < gy eccnd parCy As hereinafter pro• dad and OU MO to✓tli5�'�� !• ,, It �haY second party, shall have installed s1Aeh. NVlepi q faci,Ll� tha point of S£schal:ge ixom the lagoon(s) as shall bq Igoe the YdaF.o 6:+partulent of Health aid Walfara to the o1nE oz of the FNnp, without coat kolfirs parties•, the pa�•ties age . i It is on leKs loud and aelrcecl that seconC ,Harty ishan et. cost cup, ay. the pule}• and oth.k wavks acceptAble, to;the party 1� Ujyjdp&j de:yartnant oY Henith and Welfare to the Ooint of anis119 . of the said puMp •and first 'partiea shall provide jhe anetgy;s; dff,anj such default; ' ut rancz. o4"said fe%3:,litiad by Bald first' p carr„Rnaa:4-ian to which Ithe first A81Mes w6u d:, diol, be fora tedlas payment or as part party fbr audh operation and maintunanco in "atdard fat damngee Asia Court of proper jur +' ThAi permanent easement land loan agreement Shall be, eec' i the nffdga of the Ada Countylaecocder »nd the obli9Ltion to :and Espana of the waste orater and sewage effluent As herein s��� R QdQ shall be appurtenant to and constitute a cavalit bthat 'tix 1, with•the lands herein described. First parties do.� ereby g�t�$'fri` sell and Convey unto second party an nppurten»nt afjfirmatiue petual and permanent easement: and right-of-ways exc A as her�E�k4'i'1'.)� otherwise provided, as necessary to carry nut the 111nte nts ander �( , poses of this permanent easenent and loan sgreemak co as tb d1s,' of such waste Water and senega effluent in the madur herein proV As further and additional consideration for tPe permanent eado.. ment and loan arraament second party agrees to loan the sum 0 $30,000.00 to first parties connurrert with the Acution of this permanent easamant and loan agrclol et. sur,.; luau shall be secured IV cy a mortgage covering lust yorti_s, lar•Es end shpi3 be repaid me follows:. The sum of :uiI OCG'00 shell be paid on or betake January 1, 19771,; aiid'an 81=10401 51,000'Qo ;shall be paid 3n or be are January 11 1970. ' The sum of 52,000.00 shall he paid an or beEare Unwary 11 1979, and We pnymonts of 0,000.00 shall be pnidI on or bafore •)r' aanuary 1 or n.ch and ovary MIT thereaft..r nntll ouch tima as said q i loan has been tally. paid, Sold $10,000.00 14an shall not bear interest Uniess second party Cet^rm%aa that It will ba unable tv meet toe raquiroments of thi 'Idahc 70,'ar•`•m•:nt of Health and Welfare, ac' o'tliors, for furthar Ceyelo,,van1. of its f. roporhyL-S-COnd 'aarty shall Iva Wrttteu notice to firstKEYS EYS if the dev�la5'ment contemplated annot• proceed in which nvnnh -tart i.a'ties agree to pay interest t scop, party at of In cvr wun -`fJ thr NO of rcreip of the loan. if Wy ;Km amu ba Q, (r•.h i -a. •-ill ba gi ila only if additional ,. _ _^u_' �). `1 ab'_igatiuns of "ist pnrtiss including• ora:: �., ..- tF• �..�,.....�„ burs'n n:n^i:>>vit` kl:zir land shill cf4so and term - i -3A ' i.4�.. s5L 4.ag.«�.r•+'rE1•d'i i L ,".. ' x r r# -z poi, sit: v P&zone `Year a#ter.:tom 'Sit s dad {. parties�£ruln the second p-att±'t that Lrc m, .yyyy��,,¢1yP �ukd •devOiopMent as contemp�ateU herein canFlaE be iaomE,lai:. r^ht an'6ot bp maria for any redsoh' 0 dfjtCiS:fi� t {i.:)Eij'a. aec6?td parley, then second party shall erecu la nddai�.i{„'ice :� $iY'st. parties such documents, as will Le necessary o rd3lgVa .W ,ofe IS owned by first p9rtWa of the burden of aai pasmaiiei#;t,`••'.; •easement. ” "- if the devalapmonl proceeds as dontempleted by t is permaiiW. eateMent arld loan agraoment„ (In which event firat,pa tlas •nat be'-raquired to pay interes'✓ on said S90, p00.00 1a n) £izat: Partie's shall be required to pay annual payments on the loan 4. ihstaliments of $1,000.00 per year for two yearn and g2, OOO.CG •ii par year thereafter as hereinabova provided until paid in full - It is agreed that said annual compensation payments to :#est patties of .i2,0oo.00 aholl be•adjuated in accordance �,ith the . consumer price index for each year as compared to the January, 1475 conuun.:r price index when'ouch index should eviUe nce a flua- tuatlan or N or more. ; In the event it becomes n4caoeary for any party Ito this agreemant to institute loge1 piocosdings to en Porca the tern's and conditions :sf this agreement, the party prevailing i,) any such action skaii be entitled to robovnr resounabla otturrley fees, as dFterminad cy the Court, in addition to othar coats and rellef, The c.• ]nsnte hareln contained Shall LWW,and t d banarits and advantrq,:e horcof inure too, tb'' resp•:ctiva hr.drs personal rep- rcaonearl..7;., su.casaora and assigns of tns �arCl^•� Y.Feta• xa Wi-':gSS WtiE�i53F, first) paYties r,gvv her.auntO;sub- scribed thO:r n++mos and sect>nd pasty has hereuaLO caysed its coc;- orate name to be subar_ribed ani) its noel to bu offi:•. all ac aF the tidy anu Year In +hla ayreeJaert first ab"ve Wcittln• F:'RTiES -3f:•Eiiiv1o5T uk:V£LOF Fia1LT CB?4.�::S r�GC. i. I a &Y of April; 4976, 7seEore mel- the V :in=a'ed for said- Sta3;_e, PeroonallY opPA +hi•:tlri'Gf n ape Sandra A. Hansen, 'husband and wile, knot', a... ' �l,igr'y;}ice apgrL6ptt5 41ho5a Hamas are ll4btic[7.bad to the vri•L'hi _- ,,d acknowledged to me t'hdt they evecuted the 60 ,Xis; WITNESS WNGRROF, X have ;hereunto set my hand • and year in this certificate my affi"eial seal, the day I liotdry PUb� til for Idal Residing ak noise, Id+ to, i first •aljgya:., STATE OF IDAHO, COUNTY; OF ADA, ) i .this Cl.; ' day of April,:1976, irafore m^_, th^ u{Ldetsigrc:d, a Rotary public in and ;For said State, personally epprared sumnzr F1, .7nhnsan, known to me to beha prtsidan:: c: scuthr^,zat Oevcl opnent Conaany, Inc. that executed hh§ within and fose7oin'3 jinn. trument, end adY.nnwledged to me that such corporation execu'-d the sawk:• IH r✓XTAc SS WHERE -OF, I have hereunto sat my hand ,And aifired my o'•Fici.al seal, the day and 1year In ".is cu-tif icat-, first above. •,fittyn. I 1 I r•: xn, :: LW 1Y Pn': J'1 • ��� at aoise, J, B i STATE F MA80 ) } Sig. County Off Ada ) I o bh£s N day of AitguaC, 1995, heEOre mel a i Public po sonally appeared David �, nage and E7.1an s known o me or identified to me to be the Presidernt al secret ry, respectively, of MRID-W ALIGHTS WATER AM ASSOC T109, tkC, and acknowledgedit0 me that such col execut d the game. I WITNE9$ WHEREOF, T have hereunto oet my hand eeal, he day and year in thiq,-v r x e firs o dta, Publi dr Id o, Reaid ng at my Commission 4npire6: �� f 1107^, ✓Y�+•I j I i I r I GRANT F Pzap&Ti7AL EASEMENT - 6 i i i I SEWER d ofEicial written. n 9 D04 15 far DF IGINAOL () ) 0 ADA 00,:`c-00fl M OR COPY J. DAVID 'I'VAF 0 I � DEAUT-Ozamemm A9RMfAN41 Irk OF monpro it corporation ("A89001aMon") and ProvIdes as IT" Owe I L4= is real owner of re�property in Ada Clunty, Xdahali part: rly described me follown I a BWA Of the NHW or Section is, Township a 'forth *n�re I Wept, 8ASt of the B014 Meridian in 0 Ada _6 ty, I Ube. a. The Foregoing daocribed pr6perty is haxe:Lnarta desorilled as the "Px0pextylt. C. Lambert is Wacessor in i4exest; in the PrOR54Y ro Steven M. Hansen and Sandra A. Hangen, husband and wife ("Hans M11) about the 8th de:y of!Apjcil, 1979 11ansen Lnd -qa "ipjgment Ca7vavy, inc,j a dissolved Idaho II ..4tor tion � hw r; t . 1) am ''464thwouto) entered into that certain "go Inanent "asem1: and Loan Agreement" recorded with the office a the Ada qouaty Pecarder as 1aptxumpat No. 7013072 on or about t Is ath day OE .Apr 1, im, a copy or which is TLtaahea hereto as N :UXDIT A. R. TheAssociation operates Water and sewer syst;e; a nerving Meridi n Heighte Subdivislique N00•' 2 and 3, accordin , to the Ad"ici I plats thereof filed in the ottice of the recorder for etk Co ty, state Of Idaho, F The Association has, at all times relevant and pertinent ,2and app qrLy a ;3Ucation site for bereW 11AS utilized the Pxon I sewage effxuenv puism mt to all req4vite government Pe to i;eijuir d for the diochaxSre and diop6val,'of waste water nd sow's etftue t upon the property by irrigation and I?uxruant r ) B4W 0. `,be Association desires -toicbmin the easement from lamber M Lambert desires to grant t4 ZaSement to the A moCiati Por tba Use at the property as described above. r GIRAWV W PER)?M= MEMENT - 1 ��ssoUz�sz The Developers of Meridian Heights Subdiviei oip s Nos. 1, 2 and have constzgcted and/or installed all intra-stkucture, pipes, pumps, !and other equipment rieceseaxy for the alp?1i.cation of th waste (rater and sewage effluent upon the Pr az` y. 4t MRRVOI , for and is abisideration of the tual coven is and: conditions contained1herein and other go d and . valuab a consideration, the partia4 agree as 90110w81 i 1. Lamb2rt- hereby oonveys a terpatual Hasement t the Associ tion on, over and upon propgrty owned by Lauber more paxtio laxly described aas e SW of the MW of Sectionz5, Township 3 Nort , A, ge 1 Tient, East of the Roi a Meridian, Ada County, 4 entitl water operat C with t was say 5 AeaOai� forth ; The Basement granted by Lambert to the Association 1-shoii be pargetual except as set foxth inpr»ibLt A I The Association hereby acdapts the grant of the al sassment from Lambert on;the tezma and conditions set arein and in Bxbibit A. Pursuant to the Easement the Association sham. be and is d to use the Property as a fans application site for waste d sewage effluent from the Water and sewer systems d by the Association serving' Meridian Heights subdivisions 2 and '3 according to the ogicial plate thexeoP, recorded ze of&e of the Ada county macorder to the Same extent as xthwast under the terms of Exh�.b3t n hereto, The Lasement granted herein by Lambert to the tion shall be on the same te4ms and conditions a set '.n exhibit A hereto and the #,aaa.00 par year i dexed : payabXe to X,anbert by the Apsudation shall be the same payment referenced in Zxhibit A hereto and shah not be in m thereto. Further, Lambert and the A'ssoei.ation agree t those one of Exhibit A hereto related to a loan or lodna made by at to Hansen shall be of no force or effect As between and the Association. i 1 ' 1 7 Itis. agreed that Lambert and their svccee )division inwhioh the .on. in such event, e. :Ment and the paymento' Lambert shall pay all Ltion of the pump whidl onto the property. n . and 4wintenance of t1 S. The Association sl s to the inlet of the In the event Lambert 7 ad distribution faci,l: ails or refuses to au) .sewage effluent- from In duch a manner as 2 Ease h and qo trperaCeand mainta the ap ration,; alteration, repair irriga ion disposal System located pe the dtitiso of 1Jambert and anQ da ages izialudIng, but not lin Lamber annual pexformanae and an in th operation and maintenance o'. antire annual coMpeneation to wbic:. entitl d hereun$er,�ehall be €orfle to tine Association for Suoi addit n to any Purthex award Pori juris cticn may determine. 0. Thio Granit OP Perpetual 1 the. o, £ice of.the Ada County React) and d apose of the waste water and pro ed shan be appurtenant to w run,., ,e Property. Lam2>ert hereby coava s unto the Association an aft and right-of-way, except as herein neces aiy to carxy out the intent`'i herai to dinpoae Of such waste wal marine heroin provided. GRANTOP pE22PB'tM RUHMM" - 3 to able 2, an, pump a cost, " Ute an ticula lose of the a itute a grants, '2, perp se Prov loses as sewage in s to take same on rade )f serving with any of the .)nate .1 cease, sumed in d sewage .e for rubt3an n such ain the event aste rtment of 11 be in and the enter a Perrppetual luding he to costs mens to default bert, the Ise be part trance in proper tided in to rake the s�s�soaa,, 1. This Grant or Perpetual 4asement incorporat �s by refere 4o the terms, conditions and provisions of Exhi� it A hereto except those provisions de ling with the loan r loans made b southviest to Hansen. In a event any of the �tarms, Condit ono or:provi-sions of rxhibi A are in conflict Lith or differ nt than the termor, eonditio a or provisions hereof, the Germs, conditions and prOvioions hereof shall control. 1 . Dccept to the extent described in secCion L , above, this i strument constitutes and contains the entire a aement of the pa rias and supersedes and merjes all other prior unders 'endings and/or agreements b.tween Che parties, f any, whatbe verbal or written. , 1 This agreement shall inu;e to and be binding upon the Van hereto and their heirs, personal representatives, succas or and assigns, i I The failure of a party h zero to insist upon strict perfo Ge or observance of this gxeement shall not �e a waiver of any breach of any terms ox Bond tions of this agveGment by any other arty. i In the event any provision or section of this agreement confli is with applicable law, or is otherwise held td be ucanto ceable, the remaining provisions shall nevertheless be enforc able and carried into egfect`. i Tha,paxties hereto agree;to execute any oth4gr documMts reaaen +ly required to fully affectuate.the intentions of this l xn the event of any litigation arising undezi, or as a result of, this agreement or arisidg from any of the fiats to be ger£o ed hereunder or the allagedibreach of this agreement, the ;raver ing party shall recover its Goats and reasonable attorneys Fees. 1 This agreement dhall be governed and interp 'eted by the laws o the State of Idaho. I No amendment, alteration or modification of this agree nt Shall be effective unless made in writing a d duly execu d by the parties hereto. i GTtAN't F PMETbAL 9AS MBNNT - 4 1 i C 0 Ire WxTNES9 WHMMF, the paxtiei have hereuRta exec ted this nt and made it effective as lliersinahove pXov�,dedllj I PMID�w HOMTS WATBR & S;MR ASSOCIATION, INC. By: �� s C 7?zesidan" i i sec at i] UTAV XPAIM County of Ads 0 this 9 day of August, 7999, before me, a Nota6 Public, peXHan 7.y appeared b0NAM LAMBERT and BONNIE t.AMMT ]mown to me or ide tifled to me to be the persons whose names are subscribed to the Wi hin instrument and aaknow2edg9d to me that they exl Luted hbg ...... same. . .� 11 dp•.., WXTkM 5sal,i he day WJ3gnOV, T have hereunto set, my hand and o $ a� 7�`; •�;`• y and year in this certificate Eiset above ixia:pen,ul ja y Notar ,Publ.• a for Idaho j I.........::, ' RetlicIxng ata s �...: NAY r0mmisslon GRANT (PP $ERPE,Tr3AL HASgMBNT - S .c ovae I1. eV{ieirlr .0 h } . SAtltlpa A. wa7rdrp, heMtd ) one ..tta_.aa i rinds Pbrtliop ] 1 Pith PAIy i�,Ir. rWFJW� Awo �tr� �xraeeehs � 1 ^ 14^F,h1SPT S.Ad party. ; 2Ail p.kaPnen] Coaowdnt wd Y.vw Ayrsn+-nl m+Ido dntl entered Sntn Chia e- a dnY or Aprll, 1974, by and >♦.ewrn XMsu, N. PA:I..Pw rod dAaAPA I1AWJW, hwband aryl ulro, ham .... ..rowed t. ea pleat Paealt s And uOUAM15-57 06lp,1MMV C41GAW), bq , an MOW Corpor^tlans hascartda c.terrnd to ea doedml party, teeAvt vhcn. dear Iwrehy wear to the (q]tevAtgr jiS3k6kk&FL' tntpddlS drat pard.. uvn reel Pcerrrty 1n .104 County, Idaho PedHamlaely doacelled an . she VW yr the wl al SacMQp 14. Soa.tebtp 1 Month, Rano- 1 Meet, p.11.] and, a IVA P score party MW or did aw 141.14San M Aohtr UP. A Subdlvlelan .ht lAo. n.ar to etre% plod..' ...p.rly7 and, .MCRIULF second party d•al<ed M .etdt id• 444itlona1 landb fdj.e..rt eta the ....,,•.Ig tlerAdlaa 8doAta Mo. 1 s.taialalonl end. Mpsppatz wridl.n Ihlohta water +ad sea4r an6aClatlta, Xne. Isar h•cotornee pravlded and. Vill eunGlow. tb provlde wtur Ma A;wco renters roe sate aoWtolalan lbeludinp •hyladitti."S aubpimlalon. as anyM apPrasee by th. aatavrltlea h.vtno jTcixdiction over .W aeth rw+. aowWalan7 red, tlReiP:Ap. thr:d,ae navarta.nt of Rba)tlf 1alpl Meu... olll "Vim the pPap1!Io OL aa.b uetea •nt .vu•ta eenvank lrnv tub lapaoncO b.rvlep aurh avldlvlSI-Af and the tll.ptflldA Pr sant by Seciyativn upon faew Siad. on. annoW..0 cdyuleae by Vie TOM* Ikyart..ent of Ilaaith acid #Aisne) ace, i Morar" tb. lnwa,'wood of neat pleats bra near the, 1.]een No trlstllg ens 1"WIVIa7 to ba eu;At ..w ire latch vhlth &PA be eoev.ntcobly I-ellbted into bum ]agoo.W;jjdue, w12Prae itub rasti.a hrr, uli`JnC to pdctltlpata with ""'t p.egr .dtb CtArdct to the dlepoeel oA the '.tela ...lar and acWopo �jthibS4 q _ M! S a, taw1 bad readit.A." m tUrWORt, far and An m.1d. io"I" untairm and the ply[ or S2.090-00 sae feta, Eg a, I uhich 11-4 V--bl-s axe k4w '-let And .... 4- -94IWnb 6x A Arty as a ... Inat.e pwwsds0 Forty, hall have kaotall,d ,t aloGh,nq fr.. the Inj..n(a larbetoant or ROOM "a W.310 ,, vithaRt GOA to FIrst pa;tj UddodA4.6 bad .psora chat 1, I LhG I%GP URI OthO uU%kv act lrp.rttank of Health and Vair, 'soap 40d 111.t NTLO. eA.1 U" hh. VAlta Untor and ..Va t paskles. lend Iflelvdino UAL 1,.d tht.c.... rLsoat"t" Ad Maintgnanho 61 the 1116 di tied. Strand party Shall, pt to no l.i6t of too pwp. .9g.ra that Bret pavtx,. A" 11ft pCh of S.ottoo R6, Tow 1. cblXq.W to ooneUY4 sa affloqnh, hoolmlog ob the ga . 4. "a In". MI.In dod.81b mtgh% opwr sy-tal, LA PqU A" to we the 24"ils , Y4 "State -iw any adAvio".1 4 a dwalop. I evan% 411. Rue% 1phtt'a"Ibik e teddIoUsIbUtLam 9.611161ta to 9 fted, A or the 6. M.d to Mob FAOLOS 40 .n O.q.nUr %,.t the to P -.p and 4I.F.,v .1 A vtoyidal to be Palo jUb-fcpb to the dt. Ltlmd rumkg t&tlllhl#s th Oall be roqujzd4 by 0 the "IOU of Old.h-1l She p0mos Aorta .0 fall." o0ccy mll at n4 UA6 to an, Paw.. yet D the Point Of dIsAbArl. wu. %h. anergy bad Iflu..h I". that atL.b to (aaLlWas As ,11 vo reopowsbao roe Coo, ON# .0d cost, Ahinhign such Lr duce.S.C. 1. Gwn. I Patch, lMum I VGA, Lh. told orate *,bor .pp 4446 end to OLG— tAm much vim. Us an 'Gobble" WhIch 12 able id porky wch eco nav .1 ...d Party " ,Pftrhtd and 043ftain I O"UrAilkwXy COLZ or 'tam "a w.s. met. U.,UItQ4 by VIA ald fit,L arlle. .041% th, rxvh* nb key and I • • �.sss�uus�; stab ar raebhsttdttian or the Sitlgahltn tltaivaal Systole Sodaaed A 014 rdol VrePUCty and praporly rarf.re the If dutsP$ of alld Sifib errlas and raaavar any end all ;,data and dpdapaa, inelualm. but a hafted to tho sup of She Sold h-lau0.P0 £ such amp.% ryF_ demands sone In the gYenk dt any suer b,taula�An kho vin rattcn d mo}ntoednce of .4d f4e11laln0 by Aoki SAO 0 porikdA, to* rostra e1 avppiA,ekldq to ehpeh the first Vaeale0�wbld okherblaP,bt nalarpd, en.11 be COrf.lted b$ mIonk or as uk paymant to the stand porky for ouch hpo,AHon'and dalnke,nnF In Addiklo. to any I Veehef eeaCd for dasage$ do t Court of propo Ilvrladloklon ateVld gafrd} w. ' '{hlo pR^vtnenk yaapeana qad loan apeaerw� snafl Ar c+eoaided LI I WIgn of the oda C.VAty pswrda; she the-pppppp��t��t119etlon to kohe ,r _ Ad ampeae eC the 40o%% earn: qqd :LZ4d 91flrnt ,o haeol0 pro.. , fdcd. shell bo appuekt0hnt to ens a.d,dllk.Uv P .0van.nt thet epno IM too land$ htfa{n dpl;el0ed. ;telt paftte do horoby dive, gonna. ml and move* ante somnd patty 0n eppuetePg k al£SrshtM v6r. 4114 ena':pae..e,nk aaee.ent :Pod rlaM1a�vf.uvy'j ecaepk AY th,"Ism, preYldtdt as novo/cosy t0 terry out to. 1pkente and,tod.•. ,Fm ce thin pdtrdn.A% ...pant and loan agaebnont eo N to dl#03% f such losto eater add Acuson r(tuenb 1, to m,nrdv bores. pfevldgd. A$ further and hdd1t100a1 gonsldaeatlon f1v the iorohnede o_a:e- do enol Soan aggd..hk at"Ad perky egreae to, loon "a sue Of ]0,000.00 to £lest tackle. cuagteinnt mlth too ,9oouklon or able peroena0t earcment and loan ao,alommk. such 1Den shell be 0e ' hd a .acts 9e .ovselno chat pbrtlehe fandd anb Phil 1 ba ea Me on qa 'She I" of 31,000.00 dhnll be Vold op of Peace January 1, 1917, and an Additional 11,000,00. shall w pole on or berate January 1. Id, 1910• I all, Poq or $1,000,00 shad be Wo oo or pafore vanugc; 1, 1919. and like peyoa.ts of 17,000.00 shut be Vold en or before dnneery.l of tech and ovary poor th.rxoftee Vnel1 such tlha a *aid U. h„ Vann NUY Veld, i 5a14 $30,000.90 loan Abell ooh Lava lataieak. unfree do ... a Vicky ootor.100% thak It .111 be Vahblu to scot the ragUIreaantp of i the SadNd b "Feegnk of MuMli, Ptd pelfaaq, oci okh,rs, for fgether deYalepvdnt:ef Stl Oraparty. Second patty shill 9IY4 v.lkteh U. to ticmk pecYlvv if one dayelopoent anAtevplOt6d' CAAAnb V;Paaed In ablch vVrnd•rl$at Povpie, osteo he pay lnkevaee to v,.ond pePUY at the rate af110% por CNWe Code the Mao at saeelVb of the lean. L ..sone pert* dl... such oetlm, fuhich vii% fi0 pltion only If atdltlaopl devel.,aeob C.ncek prod.edl "X mbi[gateene dI``dl�ack poral., a.ASeelne tat perdanant bucdon tor4ng pith thole lend apF11 derosm eM lain» f+ i . • . .,i0. ) I I I I 1 I i + 'J,3FJ'ia i Jl94ia0U�f;E tont► "Oft Tor plyegnb of the prlaclyol NO Interest on the patBandi.0 tarn end thr tull e.ounb of prinetp.l and Int.peat "too ohail NORM duo 406 payable ane year �ftgr raarlpt of written opts" by drat parblrs true the e4coRd party that On prop -:9d d.voloPoeot as sonto0pl.ted h,eoln iapwt. en oaaplated. If rurpha� a4voy"mat connot be AN& tar l� resign An d4tafulagd by en. -opo" party' tnon:..corb party shat gal vto AM dally" ld fleJ6 Pateles ouch doco*EOa AA "111 b. eana.a to ..lf,va the lepW;ovnad by abet pertlls of the hxfdan o: said paroeotnt 'YI rho davolopponk proceeds no contdpPl�atcd by this ycrnpnnht sapapepb ind torn tgceandnt, t10 which syonk, first parika DWI. .0e A. roaPlrae to pay ldtae,.t on cold die')paP.0P Iran{ THEN poctlop shall ba required to poy sndeas paynrnts on OR 1046 in tnoc►ilud40 or !1,000.00 PAD year fox Cap yearo End 11,000,00 Pea yeas tharmf6.d ao h9e010abov4 prauldrdLnK1 paid 16 cult, It Is Apsodd bhst sold 0noval Aoop4ns.flan p.yaap,A to float portlos.of Ai'000.00 11".13 he adjustad 16 axc4fdonce pith two eenau,,r bslcr SMO% roe eaah y.te op ronptlad to the aanuery, 1919 e0a!p0•0 Pried ANDAR .hen duxh indag alo �I old evWomb a elura tuptton or S% gP "Co.- i rn th. ,,alk It h,da.aA nees.rary for Tiny pasty to this agodo".n, to inatltute luprl preeuddingx to ..fe.e0 the teeaA and rondlelrne or We o0Mr61nb, the ":party plo �ai116q 10 .0y ouch Action AWL be entttlyd to eecbvgr xaasoo.11jjIn attocnay teas, as daterstnad by the covvtp In Addition i0 othdr emtd And ralllt. ^.hs rTeeaetA harem WAbAtIdd shat% blnd,a6d the ba0.fle, and adv4pk40ee hentor inure to, the'cheat{v, halo, penory4l X.P. 0.rsntaaliva+p 011.0,0400. and ."Ago, or The ;p40cioo ha0ate. mu, -vp urtunsa "CROrp c4c.4 pmott.A ba,. hegoont0 nava and eecund poesy ban haeoonto caused Us cosp- oratc 11144 tP be sebserlhed end its roes to U afflxod all AN or • ' th. day and yadz 4n thl, pg.aauanb flr.t above urltteg. yYRSS .PAP�YCS f A'rfESyr •doUT�all'y hAPaQuil cOW Pr�I.IC..- .rHea�y Dep on _ 1 5LGpHa pApTY n! i i • ' I ATAI't W S9A:IO4 IcQvmI or ADA fi. On tela 8'Kday of Arelli 19Yej MroSt net the vedaafl9..d. • Rotary;phbue In end toe stld smote, perdenblly hppaoted Skevad R. Raasdh and Sandra A. Ramon, NOW end vita, knvm to no to to the Peraaw vhvie Dwane are .,e wcnbpd !v the vlahln AML,t meat, and aekapwladgad to M that they w:al Edd the aegis. 10 {Im=9 Rllmborf S have hereunto dbe ay head am a!CSxed If attlClal reel, she day 001 year In this levetAtleata d1Cab hbavo ..CIEW., ; •• .- • Ief7A. �•. �%=• Yir - Rna �lnq ai Seat iaeho ?;� ; STAm or bale. eo. SPURCY Py ADA, on tris e.g day kr April. 1974, beree% ao. kha vnCervlgnadr . RptACy tubi;a An Ona for sold Skala, per tonally Apadaeed Sumner R. Jobnian, them to " to he tht vXOS140h of vaukhrtab oevalopaom C.-Ppnyl, P60. that aapevkad the vlphtn ant tbeagolnq lnstreaene, end aek"WladgId to m that eeah eetpfraadgn eeaeatpd tRe rami. Atigl aw umcor, T hays harauato rlIat"hard and alilXfd ny vfrAelel Coal. the day and you !n kNtg nttlrloa`_e that above written. ah. s $*aid U nq it a lic.aaeho 1 wRNepdp(WIlVidlp� I • iw,.aMaa.d r4 . -S� I R EXHIBIT C Centers 40 acres legal description A parcel of land being the SW'/4 of the NE'/a of Section 25, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho. Said parcel containing 40 acres, more or less. C EXHIBIT D Centers 152 +/- acres legal description A parcel of land located in the NE '/< and the W '/2 of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows; COMMENCING at a 5/8" iron pin monument marking the N''/< corner of said Section 25, from which a 5/8" Iron pin monument marking the northwest corner of said section bears North 89°42'27" West, 2640.22 feet; thence along the north boundary of the NW I/ of said Section 25 North 89°42'27" West, 2640.22 feel to the NW corner of said Section 25; thence along the west boundary of the NW Ya of the NW '/< of said Section 25 South 00°15'21" West, 1325.72 feet to the SW corner of said NW Y, of the NW 1/4, the POINT OF BEGINNING; Thence along the south boundary of said NW % of the NW '/4 South 89°45'13" East, 1321.85 feet to the SE corner of said NW 114 of the NW '/., said point being the southwesterly corner of Kentucky Ridge Estates Subdivision, as filed for record In Book 70 of Plats at Page 7191, records of Ada County, Idaho; Thence along the southerly boundary of said Kentucky Ridge Estates Subdivision, the southerly boundary of Kentucky Ridge Estates Subdivision No. 2, as filed for record in Book 72 of Plats at Page 7389, records of Ada County, Idaho, and the south boundary of the NE'/< of the NW '/< of said Section 25 South 89'45'13" East, 1322,02 feel to the SE corner of said NE'/< of the NW Y4; Thence continuing along the southerly boundary of said Kentucky Ridge Estates Subdivision No, 2 and of said Kentucky Ridge Estates Subdivision and the extension thereof, and along the south boundary of the NW % of the NE % of said Section 25 South 89044'41" East, 1320.12 feet to the SE corner of said NW'/ of the NE 1/4, said point being on the extension of the westerly boundary of Meridian Heights Subdivision No. $, as filed for record in Book 62 of Plats at Page 6274, records of Ada County, Idaho; Thence along said westerly boundary and extension thereof, and the west boundary of the SW / of the NE 1/4 of said Section 25 South 00°04'50" West, 132$.11 feet to the southwesterly corner of said Meridian Heights Subdivision No. 3, said point also being the SE corner of said SW '/< of the NE %; thence leaving said westerly boundary and along the south boundary of said SW % of the NE A North 89°44'63" West, 1320,21 feet to the Center'/, corner of said Section 25, said point being the NE corner of Parcel B as shown on Record of Survey No, 5104, records of Ada County, Idaho; Thence along the southerly and westerly boundary of said Parcel B: Thence South 00005'29" West (formerly South 00409'52" East), 1324.03 feet to the SE corner of said Parcel B; EXHIBIT D Centers 152 +/- acres legal description (continued) Thence North 89051'36" West (formerly South 89°53'03" West), 1829.22 feet to the southwesterly corner of said Parcel B; Thence North 41 °46'40" West (formerly North 42°02'00" West), 913.60 feet; Thence North 44°06'40" West (formerly North 44022'00" West), 45.00 feet; Thence North 59037'40" West (formerly North 59°53'00" West), 42.00 feet; Thence North 70050'40" West (formerly North 71'06'00' West), 50.00 feet; Thence North 83°13'05" West (formerly North 83°28'25" West), 95.25 feet to a point on the west boundary of the SW % of said Section 25; Thence along said west boundary North 00°09'31" East (formerly North 00005'50" West), 565.72 feet to the W'/n corner of said Section 25, the NW corner of said Parcel B; Thence leaving the boundary of said Parcel B and along the west boundary of the NW A of said Section 25 North 00°15'21" East, 1325.90 feet to the POINT OF BEGINNING. EXCLUDING THEREFROM: A parcel of land being the SW'/n of the NE'/a of Section 25, Township 3 North, Range I West, Boise, Meridian, Ada County, Idaho. EXHIBIT E Hansen Property legal description The Northwout quarter of that Northoaot quarter of. Sartion 25, Tcemahip 3 North, Rangn 1 mat, soles Koridian, Ads CounLy, Idaho. RXCSpT a portion of land lying in the Northwout quarter of the Northeast quarter or seotion 25, Tocenshtp 3 North, liango 1 P7u9L, Eoisc Ilerldian, Ada County, Idaho, more particularly described by matoo and boundu as follows, Commencing at the Northeast corner of the Northeast quarter of Section 25, Toemahip 3 North, Range I I9aut, eolso Norldian and running North 69°43111' West, 1,319.73 feet along the Northerly boundary of the said Northeast quarter of Rection 25 to a Dint marking the Northeast corner of the Northwest quarter of the said NorL•heaot quartor of 7oetion 25, said point being the TRUE POINT O1' SXf1INNIN(I) thence South 00041600 Met, 1,293.07 feet along the 8autenly boundary of the said rlorthe,set quartor of the Northeast quarter of SoOtlon 26 to a point that beard North 0004.50° trout, 30.00 feet from the Southoost corner of the said Northwuat quartor of the Northeast quoxtor of Section 25) thenen North 89047116° Went, 55.00 foot along a line parallel to and 30.00 feet NortllOrly from Lha Southerly boundary of the said Northwast quarter of the Northeast quarter of section 25 to a point) thonce North 310181380 Wout, 365.69 foot to a point) thence North 0004'50° East, 240,00 foot along a line parallel to and 245.57 foot 4testorly from the said easterly boundary of the Northwout quarter of the Northeast quarter of Section 25 to a point on the contorlino of the Ridenbaugh Canal) thence along said contorlind of that Ridonbaugh Canal the foilowing coursos and diatancoor North 24000100^ West, 396.00 feet to a point or curval thence Northwesterly 99-12 foot along a curve to the eight having a radius of 305-45 feet, a tangent of 50.00 feet, a deflection angle of 18036134" right and whose long chord bears North 14042'13^ Heat, 98,69 foot to a point Of tangent, thence North 8024126" Weet, 12a,99 foot to a point of curve; thence Noxthweatorly 240.20 foot along a curve to the left having a radius of 057.22 feet, a tangont of 12s.do feet, a deflection angle of 16035434u left and whoao long chord bears Narth 130421130 West, 247.30 feet to 6 point of tangent, thence North 22000100" Went, 13.00 feet to a point on the sald Northerly boundary of the NOrthedet quarter of 80oti01) 26) thence leaving said contorlino of the Ridenbaugh Canal and running South 890430110 Ndot, 467,00 feet along tits said Northerly boundary of the 116etheaut quaeter of Sootion 25 to the POINT OP 8WINNINo. ANI) gXCLPT a parcel of land being a portion of the Northwout quarter of the Northeast quarter of Section 25, ToNnship 3 North, Range I fest, Boise 14eridian, Ada County, Idaho and mors partiaularly described as follows, Baginning at an aluminum cap marking the Northeast cotner of the Northwout quarter of the Northeast quarter of Election 25, Township 3 North, Bongo I West, itoieo Norldian, Ada County, Idaho, thence along the Northerly boundary of the said Northt,ost quarter of the Northeast quarter of (oontinuad) EXHIBIT E Hansen Property legal description (continued) mater, pE80RYP7m (oontinued) section 25, Korth 09043111" Went, 1,319,51 foot to an iron pin marking the Northwont corner of "aid �ortTr est quarter of the Northgnnt quarter) thence leaving gold Northerly boundary and along Cho P:ostorly boundary of said Northwest quartor of the Northeast quarter South 04081510 Wost, 505.26 Peet to an iron pin, said iron pin being the REAL POINT On p801NN1,,401 thence leaving nald veotorly boundary North 61014,190 gadt, 24,12 Cent to an Iron pin) thonco Horth 84023151' Eget, 120,00 feat to all iron pinj thence South 88028151" 6'ast, 103.16 feet to an iron pinj thence SoVth 70°46131' Baot, 376.27 feet to an iron pinj thonco South 7003115" goat, 773.94 feet to an iron pin on the southerly boundary of snid Northwast quarter of the Noythonet quarter) thence along sold southerly bormdnry NorL•h 89044'4111 West, 796.15 feat to an Iron pin marking the SOuthWest cornOr Of aaid Northwast quarter of the Northeast quarter] thence lenving said southerly boundary and along the Westerly boundary Of said Porthwodt quarter of the Northeast quarter lrortll 0005/510 I;adt, 018.35 foot to the POCNT OF SROINNINO. AND ALSO MDPT a parcel of land situated in the Northuast quarter of tha Northea9L quartor of Boction 25, Toonlship 3 North, Range 1 West, Eolse Meridian, Ada County, Idaho, More particularly described as followai Commencing at tho Northwest torpor of aaid 14orthwoot quarter of the Northeast quarter) thence Eanterly along North boundary thereof, a distance, of 200 foot to a point, the R13AL POINT OF BKOINNIM) thence South parallel to the West boundary thereof, a distance of 220 feet to a pointl thence East parallel to the North boundary thereof, a distanoa of 200 root to a point) thence North parallel to the goat boundary thoroof, a dioL•anea of 220 Cost to a point) thence Weaterly along North boundary, a distoACe of 200 foot to the REAL POINT OF MINNINO, AND INCLUDING THE FOLLOWING PARCEL: EXHIBIT E Hansen Property legal description (continued) A parcel of land located in the NW 'I/ of the NE % of Section 26, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the NW corner of said NW '/< of the NE'/; Thence along the north boundary of said NW'/ of the NE % South 89°43'11" East, 200.00 feet to the Point of Beginning; Thence parallel to the west boundary of said NW'/ of the NE 1/4 South 00°04'50" West, 220.00 feet; Thence parallel to the north boundary of said NW Y. of the NE'/ South 89"43'11" East, 200.00 feet; Thence parallel to the west boundary of said NW '/a of the NE 1/4 North 00004'50" East, 220.00 feet to a point on the north boundary of said NW '/, of the NE Y4; Thence along said north boundary North 89°43'11" West, 200.00 feet to the Point of Beginning. Said parcel containing 1.01 acres, more or less. EXHIBIT F DESCRIPTION OF MHWSD WATER SYSTEM Water System: All water rights, water storage reservoirs, groundwater wells and pumping facilities, distribution lines and facilities including but not limited to water service lines, fire hydrants, valves and water meters, associated real property, fixtures, rights-of-way, and easements, permits, licenses, other improvements and appurtenances, and interests (other than Excluded Assets as defined in this Agreement), including the real property specifically identified on Exhibit A of this Agreement, as generally depicted and portrayed by the colored dashed lines on the map attached hereto, owned by the Meridian Heights Water & Sewer District. wwA[tlC1UN IC IN M114aMsugrae,aww�wrvioo�c namAvvtwwwwaiaw�vea mnpfwiwnwom vnmmmn rv�smvaarn cavum C , EXHIBIT G DESCRIPTION OF MHWSD SEWER SYSTEM Sewer System: All sewer collection pipelines, associated real property, fixtures, rights-of-way, and easements, permits, licenses, other improvements and appurtenances, and interests (other than Excluded Assets as defined in this Agreement), including the real property identified on Exhibit A of this Agreement, as generally depicted and portrayed by the solid green lines on the map attached hereto, owned by the Meridian Heights Water & Sewer System X222: z_ EXHIBIT H MHWSD CASH ASSETS Cash Assets of Meridian Heights Water & Sewer District (9/27/13); Main Checking Account (Zion's Bank) $ 28,860.31 Money Market Account (Zion's Bank) $115,652.66 Capital Improvement Fund Account (Zion's Bank) $ 11,110.27 Bond Anticipation Note Account (Us Bank) $ 316.64 TOTAL $155,939.88 EXHIBIT I MH WSD OTHER REAL AND PERSONAL PROPERTY EXHIBIT "I" MHWSD Other Real Property/Personal Property Buildings Description Year Built Location Well House 41 1969 20 W. Harris Street/Meridian Heights Sub Well House 42 1992 344 W. Winnipeg Street/Meridian Heights Sub Well House #3B 2011 936 Riodosa/Kentucky Ridge Estates Sub Sprinkler Shed 1992 345 W. Winnipeg/Meridian Heights Sub Sewage Pump House 1990 345 W. Winnipeg/Meridian Heights Sub Pipe Storage Building 2011 345 W. Winnipeg/Meridian Heights Sub Electrical Panel 1992 345 W. Winnipeg/Meridian Heights Sub Chlorinator Building 1992 345 W. Winnipeg/Meridian Heights Sub Office Equipment Description Location Office Desk 60x25x58" Clerk/Treasurer's Home Office Cart 32x20x32" Clerk/Treasurer's Home Lateral File30x20x27" Clerk/Treasurer's Home 2 Door Cabinet 29x2000" Clerk/Treasurer's Home 2 door Cabinet -Locking 35x18x60" Clerk/Treasurer's Home Lenovo CD -Writer, DVD w/Keyboard Clerk/Treasurer's Home ')ell Laptop Inspirion O&M Lead Operator's Home _enovo Monitor, LCD Color 23" Wide Clerk/Treasurer's Home Toshiba eStudio 2551c Printer -Leased Clerk/Treasurer's Home Equipment Description Location 2 Door Cabinet, Wall Mount 42x15x30" Well House #1 Aluminum Folding Step Ladder 22'Max Well House #1 Hand Tool, Landscaping Well House #1 2 Drawer Lateral File Cabinet 36" Well House #2 4 Drawer Lateral Locking 36" Well House #2 2 Door Cabinet, Wall Mount 42x15x30" Well House #2 3000 PSI 2.6 GPM Pressure Washer Well Hosue #2 Digital Chlorine Tester Well House #2 Digital Data Logger Well House #2 Wet/Dry 6.5 HP 16Gal Shop Vaccum Sprinkler Shed Electric Space Heater 1S" Sprinkler Shed Hand Tool Sprinkler Shed Metal Come -a -long Hoist Sprinkler Shed Metal Drop Box Sprinkler Shed "Working" Signs (4) Small Sprinkler Shed , ater Valve Tool Sprinkler Shed Exhibit I-MHWSD 9.27.13 EXHIBIT 111" Files Description Location Archived Files Well House #2 Customer Files Clerk/Treasurer's Home FY2013 Files Clerk/Treasurer's Home FY2014 Files Clerk/Treasurer's Home Exhibit I-MHWSD 9.27.13 Exhibit I STREET LIGHT NUMBER STREET LIGHT LOCATION MHWSD OWNED IDAHO POWER OWNED MHOI MHO2 MH03 MH04 MI-105 ... . ...... .. ... S MERIDIAN RD/W BLOOMINGTON W BLOOMINGTON/W ROCKFORDx BETWEEN 131/149 W ROCKFORD ---------- 5 PEORIA WY/W ROCKFORD - - ------ ---- S PEORIA WY/W WINNIPEG MH06 MH07 S WY/W BLOOMINGTON x ---- ------- - -PEORIA W BLOOMINGTON/S SPRINGFIELD MI -108 BETWEEN 3671/3691 S. SPRINGFIELD -x ---MH09' MHIO KRII KR12 KR13 BETWEEN 3601/3615 CARBONDALE W BLOOMINGTON/HARRIS . .... ........ KENTUCKY RIDGE PARK . . ...... .. . RIODOSA/S KENTUCKY WY HARTACK/S KENTUCKY WY W BLUE DOWNS/S KENTUCKY WY KR14 KR15 W BLUE DOWNS/ARCARO KR16 ARCWRO/RI0DOSA EXHIBIT J MHWSD WATER RIGHTS Z E 1 rl Il) rl r-1 41 rl 10 ri N ri �q R M m 5 m r m N m ti O K a` z ~ 3 9 w G O N Z w z w z w Z w Z O N h w h Z z Z Z Z Z G 0 a � ry V a V CC C O O a O yr mm c o m m •N = O - a o E N LL �' LL u LL u o o a ry m Atl0o 0 0 mv'ii a a v a 3 3 3 3 5 v v o a V J3 O O J O a a m m 0 z o f •N m v m Nm v O ci O O N O N V D m m m O1 m 6 a G V V VI Q Q Q Q a c m a n a 3 3 3 EXHIBIT K Project Schedule p z s L 4 V u U m U F7 0 o qEN m 8 a �o o O v � 0 O V n N U � Cf 5 y �.v.a 4 a. 4 vac a a v - a v 4 a. Q...V c Yc c L g c c 0 �� c _ u -u -_c°.1 a� $ u$ u ;u- u. u u u" u -y -u $ :u" �u u u$ u o o _O o o m 0 0 0 N ."'i \\S o ry „ .d -i � ,d -i .ai ,a, .\+ .. �n \ H a H d a ' \ \ m -� •dl ti � v� v\i •p+ tl dy O \Y mNMC d NN C\\ \"b �mM\010 Nin vI N:\ ryry 'I :C 1� C H Y i+ Y M- O �N L C � ' _ LL _-� ei H.N�N.H H�-+NH N \MticiO\ -\\'HN \ mNNriHN:\\\H ��1Oy\CN\' O O O- N O o� � _r M �1.�y r ���� _� LL ?NS- �'a ,o O n: n fu N .a C °a _:tl' �Nv _ pc E:'s :H a• v a NM 8 � Q su 3 U :N'U' d 2 ry ,0 m :O p :u m a P a N IM Id IVI IW In Ib Im lO IH f'y I� I`y IH 1H IN Iti Iri IN N ItN`I IN IN IN iN IN IN IN IrtVI I(II IINVi IM Im Im IT IM ItW'1 IT IO IV IV rY I� g o � 3 r O i T 3 Cf 5 y �.v.a 4 a. 4 vac a a v - a v 4 a. Q...V c Yc c L g c c 0 �� c _ u -u -_c°.1 a� $ u$ u ;u- u. u u u" u -y -u $ :u" �u u u$ u o o _O o o m 0 0 0 N ."'i \\S o ry „ .d -i � ,d -i .ai ,a, .\+ .. �n \ H a H d a ' \ \ m -� •dl ti � v� v\i •p+ tl dy O \Y mNMC d NN C\\ \"b �mM\010 Nin vI N:\ ryry 'I :C 1� C H Y i+ Y M- O �N L C � ' _ LL _-� ei H.N�N.H H�-+NH N \MticiO\ -\\'HN \ mNNriHN:\\\H ��1Oy\CN\' O O O- N O o� � _r M �1.�y r ���� _� LL ?NS- �'a ,o O n: n fu N .a C °a _:tl' �Nv _ pc E:'s :H a• v a NM 8 � Q su 3 U :N'U' d 2 ry ,0 m :O p :u m a P a N IM Id IVI IW In Ib Im lO IH f'y I� I`y IH 1H IN Iti Iri IN N ItN`I IN IN IN iN IN IN IN IrtVI I(II IINVi IM Im Im IT IM ItW'1 IT IO IV IV rY I� n bl �I JI TI NI AI WI NI YV OI b MI JI NI NI AI WI N ml OI b 011 JI OII NI pi w� N YI OI N N JI 01 N D Ati M pap a N 3o ] io o F v < . m ;Itt a - "a . � � °: _ v n - 4 - p ° m � g 3 O N ® Y 5z, Y p o. ,_ o c 9 � p N x p p WY Y 1w+ M 3 \ o m m- 2 3 n ao- m - P : e0 a 3 _ ao i n \' a - O O O O O N- OIO 0- 1+- V OW - 'S m- -I '• T 'V y H -1 ti- f- 1: -1: N T A A PG' PC` < C ..ry $ -' ')- O O O O J O M C O O O C O N W U\ �YF+� 'n n n O 2 2 x 0 0n 0n2 S x-2 2 O O N N O a o c 7 c � M N 3 0 S 3 O N ® Y 5z, Y p 0 o c 9 � p N x p p WY Y 1w+ M EXHIBIT L Deficit Pro Forma MHWSD / CENTERS / COM FINANCIALS Water & Sewer Services WATER Responsible Responsible Expanses: Financing Party: Performing Party: $ 513,084 MHWSD MHWSD $ 66,066 MHWSD MHWSD $ 80,000 Lee Centers Lee Centers $ 40,000 MHWSD City of Meridian $ 200,000 MHWSD City of Meridian $ 250,000 MHWSD Cltyof Meridlan $ 1,149,150 Subtotal Water System Costs 1,265,716 Subtotal _ $. 350,000 MHWSD MHWSD $ 1,499,150 TOTAL Water Systemlmprovements Nature of Expense: COM Water Hook Up Fees COM Water Meeter Fee Water Main Extension to District (Estimated) 2 Existing Well Abandonments (Allowance) MHWSD Meter Improvements (puts, setters, etc.) (Allowance) Water System Improvements (Allowance) Outstanding Water Loans/Other Debt Funding: Responsible Financing Party: Responsible Performing Party: Nature of Expense: $634,575* City of Meridian City of Meridian COM WaterAllowance(3 wells, property, water rights, etc.) $80,000 Lee Centers Lee Centers Construction of Water Main Extension(Estimated) $150,000 MHWSD MHWSD All MHWSD Reserve Funds and Cash on Hand (all District financial assets) $ 230,000 Available Offsetting Funds Construction of Sewer Main Extension& Single Point Connection $ $634,575'" WATER SYSTEM COST DIFFERENCE (Unfunded) Engineering Design for Sewer and Water/Construction Staking r - Represents half of all water expenses ==> established by splitting all water expenses between District and City (offer first deducting Centers'$80k contributian for the water main and the Districts$150k cash) SEWER Responsible Responsible Expenses: Financing Party: _ Performing Party: Nature of Expense: $ 780,716 MHWSD MHW5D COM Sewer Hook Up Fees $ 270,000 Lee Centers Lee Centers Construction of Sewer Main Extension& Single Point Connection $ 35,000 Lee Centers Lee Centers Engineering Design for Sewer and Water/Construction Staking $ 180,000 MHWSD MHWSD Sewer Bond Anticipation Note $ 1,265,716 Subtotal Sewer System Costs Responsible Responsible Funding: Financing Party: Performing Party: Nature of Expense: $ 780,716 Lee Centers Lee Centers Credit from Lee Centers to assist in financing the deal $ 270,000 Lee Centers Lee Centers Construction of Sewer Main Extension & Single Point Connection (Estimate) $ 35,000 Lee Centers Lee Centers Engineering Design for Sewer and Water/Construction Staking (Estimate) $ 1,085,716 Available Offsetting Funds $ 180,000 SEWER SYSTEM COST DIFFERENCE (Unfunded) $ 814,575 TOTAL UNFUNDED COSTS FOR BOTH WATER & SEWER $ 814,575 ANTICIPATED DISBURSEMENT REQUIRED FROM SEWER BOND EXHIBIT M PLANNED MHWSD IMPROVEMENTS CENTRAL CONSULTING INC. _ 413 wear IDAHO. Sum a01 00190. IDAHO 03102 300.aM9400 OFFICE Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Police Department - Public Safety Training Facility Police Department: Public Safety Training Facility Design Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: 7G PROJECT NUMBER: ITEM TITLE: Legal Department - Budget Amendment - Real Property Legal Department: Budget Amendment for Purchase of Real Property near City Hall for Future Parking and Demolition of 15 W. Broadway Avenue in the Amount of $373,336.00 MEETING NOTES 61 Il oco6g Community Item/Presentations Presenter Contact Info./Notes r. CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS w - /2 § s ) § ■ § � < w k { > / _ J R \ \cz ] / \ Ln / E 7 r bo / / _ ! \ \ \ \j � & / \ est« \ ai CL � {/ - /2 § s ) § ■ § � < w k k� !® /\ \0 r E§� §/rk �o{0 0 =! /\E tm0 CL 0 > J3 a o EZ 0-0 'a /(k0 ;f§0 E\ }kk2 w00 > _ J R \ ] / J Ln E 7 r bo \ \ \ \ � & / \ { \ ai � {/ \\ \ \ \z \� . e =\ , _ _ /\ ( E$ }{ 00 / k7 _ \k� \0- k� !® /\ \0 r E§� §/rk �o{0 0 =! /\E tm0 CL 0 > J3 a o EZ 0-0 'a /(k0 ;f§0 E\ }kk2 w00 k LU kW § � §o S 2 / ° o \ ) \ ] § 2 k : e R / o ! o / { §0 ; K / ƒ \ ] R k o ! o / { §0 ; K / k § ( \ o ! o / { §0 ; K / ! , LD { fA 0 ) tokto 0 } } / \ 1:.rsfArnerieen AirstAmetican Tide and Escrow Company 9465 W Emerald Sl, Ste 260 • Bolsa, lD 87704 Bayer's Estimated Settlement Statement Property: 603, 621 & 629 N. Meridian Rd., Meridian, ID 83642 Buyer: City of Meridian Address: 33 E. Braodway Avenue, Meridian, ID 83642 Seller: Ada County Highway District File No: 4101-2151563 Oflieer: Erin Dixon/ED New Loan No: Estimated Settlement DOW 10/10/2013 Disbursement Date: Print Date: 10/01/2013, 12:03 PM arover Charge Description Bover Charge B Credit Consideration: Total Coosidcmlicn 350000.00 Com nission: Commission Paid 01 Settlement to KW Commercial 10,500.00 Title/Escrow Charges to: Moasenger/Goutier Svc Handllne-Escrow to First Amonean Title and 1!scraw ConrPer� Escrow/CIatlas Fee to First American Tito and Bscrosv Cmamely R dWartaly used to Firstmer'eer Title end Crcrow Company 16.00 340.00 30.00 Cash (X From) ( To) Borrower 360,886.00 Totals 360,886,00 360,886.00 Do Notice - Thin Estimated Settlement Statement is subject to changes, corrections or additions at the time of final computation of Escrow settlement Statement. ,1S� ���,r1GlAr i -(W- l S - v(614"7 page 1 or 1 GEM ENVIRONMENTAL LIE MANAGEMENT, LLC ACCEPTANCE OF PROPOSAL AND AUTHORIZATION TO PROCEED PROPOSAL NUMBER: 46-107-I3R The undersigned has reviewed the attached proposal, dated August 16, 2013, and "Standard Business Conditions for Professional Services," prepared by Gem Environmental Management, LLC (GEM). The proposal and business conditions form the entire agreement between GEM and the City of Meridian, The project name, location, estimated fee, and proposed schedule are identified below: Project Name: Phase I Environmental Site Assessment. Project Location: Three Contiguous Parcels (Nos. R0406000043, R0406000021,& 80406000011) 602, 621, & 629 North Meridian Road Meridian, Ada County, Idaho 83642 Estimated Fee: $1,450.00, on a Time and Materials Basis, Proposed Schedule: One written copy and a PDF version of our report to be submitted within approximately two weeks following our receipt of written authorization to proceed, Additional report copies or third -party, reliance letters will be provided at a cost of $100.00 per document. I acknowledge receipt and acceptance of this agreement, and authorize GEM to proceed with the scope of services described in this agreement and indicated below. Accepted and Authorized by: Signature Printed Name Firm/Legal Entity Title Date Page 1 of 1 Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: HR - Nicotine/Tobacco Policy Discussion Human Resources: Discussion of City Policy Regarding Use of Nicotine or Tobacco Products MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN STANDARD OPERATING POLICY NUMBER USE OF NICOTINE OR TOBACCO PRODUCTS PURPOSE: To promote a healthy workforce and healthy working environment, employees' use of nicotine or tobacco products, real or simulated, is prohibited on City property during work hours. POLICY: The use of nicotine or tobacco products, real, or simulated, on City property during work hours is hereby prohibited. AUTHORITY & RESPONSIBILITY: The City desires to establish a nicotine or tobacco free environment to promote a positive image of the City, and to encourage healthy lifestyle choices amongst its employees. Employee use of nicotine or tobacco products, real or simulated, while on City property during work hours is adverse to that desire. The City therefore has the ability to prohibit this activity. DEFINITIONS: 1. Real or Simulated nicotine and tobacco products include, but are not limited to, cigarettes, cigars, pipes, snuff, and chewing tobacco electronic cigarettes (or e -cigarettes), personal vaporizers (PV's), or electronic nicotine delivery systems (ENDS). 2. City Property includes, but is not limited to: a. Buildings owned or managed by the City, including within twenty (20) feet of such buildings, b. Vehicles owned or leased by the City, and c. Land and parks, whether developed or undeveloped, owned by the City. 3. Work hours are defined as the employee's regular work schedule, including breaks, any overtime and/or extra shifts, and any time the employee is acting within the course and scope of the employee's duties. EXCEPTIONS: This policy does not restrict employee use of products prescribed or recommended by a physician as part of a smoking or tobacco cessation program, so long as use of such products during work hours occurs in public smoking areas only. This exception shall only apply for sixty (60) days after providing notice to Human Resources at the beginning of the program or until program completion occurs, whichever is shorter. Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: 71 PROJECT NUMBER: ITEM TITLE: HR - Gifts and Gratuities Policy Discussion Human Resources: Discussion Regarding City Policy 6.11 - Gifts and Gratuities MEETING NOTES P Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.11 SUBJECT: GIFTS & GRATUITIES PURPOSE: To provide guidance to City employees and representatives regarding the acceptance of gifts, money or gratuities from outside organizations or individuals. POLICY: City employees are prohibited from accepting gifts, money and/or gratuities from organizations, vendors, contractors or their agents in value over $50. AUTHORITY & RESPONSIBILITY: Each employee is responsible for tracking gifts and gratuities from outside vendors, organizations, contractors or others that are received in the capacity of a City employee. Supervisors and department heads are responsible for enforcing this policy at the department level. PROCEDURES AND RELATED INFORMATION: I. City employees are prohibited from soliciting or accepting gifts, money and/or gratuities from organizations, vendors, contractors or their agents in value over $50. Employees in the Police and Fire departments should refer to the department's standard of operation procedures. II. This section does not apply to campaign contributions. EXCEPTION: For purposes of this policy, prohibited gifts or gratuities do not include non-cash prizes that are: 1. Won in a contest or event unrelated to the employee's official duties, or 2. Won in a truly random drawing, or 3. Won in a contest or event open to theup blic. 10/8/13 Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Legal and Police Department - Active Code Enforcement Legal and Police Department: Active Code Enforcement Discussion MEETING NOTES Gti Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS RECEIVED CITY OFC E CITY CLERKS OFFICE � 7 1 U AA y .� �a"_g �x � � �.... � r. �_ • .. Y(�. I 4 ` a' � � �} %��� _ I .� " ,� -a E 'l _ _ �y� .Aw '.a.. S t' 4 pu, - f: Ilk MAW Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Legal Department - Fees and Hardships Legal Department: Fees and Hardships Discussion MEETING NOTES Z),A Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS .�4 �K Notes: Public works fee includes pre-appllcation conferences, comments meetings, staff report preparation, hearing time and final signature review time. The same hearing time was used for all departments. Separate one -lime labor hours are listed for each department. Planning salary based on mid -point of range for the assistant planners, associate planners, planning managers and planning director. -Hearing fee includes $75 for notices and mailing fee and 1.5 hours of Clerk time in preparation for each hearing. Staff prepared consensual annexation fees do not include a separate fee for boundary survey that will be charged directly to the applicant. Annexation and rezone fees include $250 for ordinance publication. Unified Development Code and Comprehensive Plan text amendment fees include $125 for summary ordinance publication. Comprehensive Plan map amendment fees include $250 for summary resolution publication. y__., N- Transcript wage is based on $20 per hour plus $6 per page with an average of 20 pages of transcript per hour Total Hourly AVERAGE PLANNING PERSONNEL COSTS Cof hearing mail! tans 44.65 hearing preapplarte - reccs/ order/ - - -pier pinr .planner clerk clerk- ma118P clerk PW record PW PW fee: FD fee total atld-In units ezisfing fee perml0declslon hearings hours pub wage staff fee fee - research report Was let/CZC COO GIS time wage fee- 'time _- wa-e ub fee time "time : wa e m al cost accessory use for da rare or home occupation 0 0 ' 140 0.00 0.00 -2 0:5 . - 0 0.5. -3 - $ 53.31 159.9438 0 $30-:14 = 0 0 : $44.65 - 0 160 NA 163 accessory use, home occupation wilh no customers or clients 0 0 140 0.00 0.00 0 -0 - - 0 - 0 - 0 $ 53.31 : 0' - 0- +$30A4 '= 0 0 '544.85 0 f. 8 _ - 0 0 NA 0 accessory use, not residential dlslnct 0 0 140 0.00 0.00 0 0 0 0 0 : $ 53.31 ': 0 z, 0 $30:14 = =0 0 $14.65 0 _ _- _ = 81# 0 0 NA 0 additional hearin(post reconsideration 1 1 75 140 320.71 395.71 1.5 1 - 2 -. 0 4.5 - $ 53.31 239.9157 7 $3014 30A375 0 $44.65 0 - _ 3$ 0 692 NA 142 alternative compliance 0 0 140 - 0.00 0.00 2 0 0 - 1 '3 - $ 53.31 159.9438 0 ..;$30:74 =::0 0 -. ...:$4465: 0 0 160 per standard 100 annexation, staff prepared consensual 2 1 75 740 320.71 716.41 4 8 -3.5 00.75 96.25 $ 53.31 866.3624 1.5 $30.14 250 -7295.206 3 -: 0.25 $44.65. U5.1 S kil . 50 2.086 bounds $ separate 1206 annexation/rezone 2 1 75 140 320.71 716.41 4 5 3.5 - 0 0.75 13.25 $ 53.31 708.4185 75 :$30114 250-29520fi 0.75 '-025 ',514.65 44.845 _.� _ _ '2{_6_LP .7;. 50 1,826 NA 906 annexation/rezone w/out concurrent application 2 1 75 140 320.71 716.41 4 10 3.5- 0 0.75. 18.25 $ 53.31 972.9916 15 .1:$30:14 250 295.206 075 -. '--0.25 $44.65. 44.645. - -_. 50 2,092 NA 1206 certificate of zoning compliance 0 0 140 0.00 0.00 6.5 0 0' - 1 1. : 8.5 ' $ 53.31 453.1742 0 1$30414 -0 0 .$44.85 0 ?- 0 453 NA 375 cenificate of zoning compliance w/ dor approval 0 0 140 0.00 0.00 -- 2 0 0 0.5 1'. 3.5 $ 53.31 186.6011 0 i$30'i14 =! 0 0 $4466- 0 : -. sA5'4,'-b .. __.. 0 187 NA 125 ci council review (appeal) 7 1 75 140 320.71 395.71 4 0' 0 0.5 4.6 $. 53.31 239.9157 7 $30114 3061375 0 $44 65' 0 _ $ 0 692 NA 603 comprehensive plan ma amendment 2 1.5 75 140 481.06 103712 8 B 3.5 0 19.5 $ 53.31 1039.635 45 $30:14 250 295208 0 -025 $44.65; 11.161 0 =$ _ $3� 0 2.409 Per des! nation 1018 comprehensive plan text amendment 2 1 75 140 320.71 716.41 4, -- -2 3.5 0 9.5 $ 53.31 506.4888 1.5 -$30A4 125 ':770.206. 0 -0.25 -$44.65.11.161. 0 ' _._'. 0 1,431 per Issue 606 conditional use ter Commission level modification) 1 1 75 140 320.71 395.71 '.'4 :_ :8 2 0 14 $ 53.31 746.4045 1 -$30:-14 _30!1375 3 .:$44'.65: 13394. - 5i so 1,369 per use 1046 conditional use modification 0 0 140 0.00 0.00 - 4 . - ) 0- 0 2' - 6 $ 53.31 319.8876 0 ;$30574 .-0 1 $44:fiS 44645. _ Bi WN 378 NA 206 development areement 1 - 75 140 0.00 75.00 ' 0 - -2 0 0.5 0.5 3 $ 53.31. 159.9438 1 - :=$30[74 - 30:1375 "-0 25 I. $44:65 11 161 6. 303 NA development areement modification 1 75 140 0.00 75.00 4 - 2'. - 0 0.5 0.25 6.75 $. 53.31 359.8736 7 -$30:14 3011375 'A 25 $4465 11.161 _ - fii3F 502 NA director determination 0 0 140 0.00 0.00 3. =. 0. - 0 1- - 4 $ 53.31 213.2584 0 $30.14 o 0 $4c65: 0 0 213 per issue 250 DD 50 ZV design review 0 0 140 0.00 0.00 3- _ : - 0 - 0 0.25 3.25 $ 53.31 .173.2725 0 .$30114 A 0 $44:85' 0 ff$52•i�f - 0 173 per building100 inspections, additional 0 0 140 0.00 0.00 1. - 0 < 0 0 - 1 $ 53.31 53.31461 0 $30'.14 --0 0 514165. 0 - 0 53 NA 50 miscellaneous hearingitem 1 1 75 140 320.71 395.71 4 2 2. 0.5 -. 8.5 $ 53.31. 453.1742 t 33014 30,1375 1 $44.65: 44.645 _. _ A; 0 937 NA 459 Tanned unit development 2 1.5 75 140 481.06 103712 4 -: 6 - 3.5 0 ' 1 14.5 $ 53.31 -773.0618 1_ -::$30114 -30.1375 3 '.:.$44.65 13394 _ ... 250 2,251 see per exce iron 1261 planned unit develo mnet, per exception fee 0 0 140 0.00' 0.00 0 -- 2 0 Or: 2 - $ 53.31 106.6292 0 $3034 -0 0 $44-.65. 0 .. _ 0 107 car exception too plat, combination 2 1 75 140 320.71 716.41 4 6- 3.5 0.5 - 14- $ 53.31 746.4045 T_. $30.14 30'1375 12 $44.65.53574 $6 160 2,189 see erlof 1228 Plat, combination per lot fire fee 0 140 0.00 0.00 - 0 $ 5331 0 $3044 :0 $44.65 0 _: 1 1 idol 1 tat, final 1 0.25 75 140 80.18 155.18 6 4 0 0.5 ' 10.5 $ 53.31 559.8034 1 $30!14 30.1375 10 $44.85. 44045 r 50 1,242 see erlot 718 Plat. final per lot PBZ and PW fee 0 0 140 0.00 0.00 0 0.25 0 :0 0:25 $ 53.31 13.32865 0 $30114 z0 0.5 $44585: 22 323 , 0 36 Perlot 28 Plat, final, modification to condition 1 0.5 75 140 160.35 235.35 -2 1 < 0 0.5 3.5 $ 63.31 186.6011 1 $30114 3061375 2 $44.05' 09.29 _ -. 0 541 per Issue 350 tat, preliminary2 1.5 75 140 481.06 1037.12 --3. 6 3.5 0 - 12.5' $ 53.34 666.4328 �l .$30:14 30:1375 8 $4405: 357.16 25x ,- VIV 160 2,264 see per lot 1276 plat, preliminaryper lot fire fee 0 0 140 0.00 0.00 0 -- o - 0 '9. 0 $ 5331 ':0 0 $30:14 -:0 0 $44.65: 0 `- _ _ 1 1 Parfet 1 tat, rellmina per lot PBZ and PW fee 0 0 140 0.00 0.00 0 ,-: 0.25- 0 0 0.25". $ 53.31 13:32805 0 $30e14 -0 0.25 St4fi5:. 11.161 6 24 NA 20 tat shoe 1 0.25 75 140 80.18 155.18 = 2 2.5 - 0 0.5 - 5 $ 53.31 266.573 0 $30.14 =:0 10 S14.fi5:446.45 - $50I8,attabit 0 868 NA 410 ovate mad 0 0 140 0.00 0.00 2.. 1 1 0 0.5 - 3.5-- $ 53.31 186.6011 =0 a830i14 --=tl 0 025 $44.fi5= 71.161 _ 0 198 NA 50 property boundary adjustment 0 0 140 0.00 0.00 '2' J 1 1- 0 -1 0.5 - 3.5 -$ 53.31 186.6011 0 :$3044 -:0 4 -:: 0 .'$44.65 778.5B- .. 8;Imaja 0 365 NA 149 sin 0 0 140 0.00 0.00 0.5 a - 0 ': 0.5 '1 - $ 53.31..53:31461 O $3034 -0 0 $44.65' 0 -,_F _. 0 53 NA 50 sign. Tanned sign roam 0 0 140 0.00 000 0.75 0 0 .-: 0.5 1.25 - $ 53.31 66.64326 0 -_$30:14 =0 0 $4465- 0 - _ 0 67 NA 63 sign. temporary 0 0 140 0.00 0.00 0125 0 - 0 0.25 -. 0.5 - $ 53.31. 26.6573 01- _ £€$30:14 : 0 0 -. $44:85. 0 s 2t' 0 27 NA 25 sure fee 0 0 140 0.00 0.00 215 - 0 ' 0 -'0 2.5. $ 53.31 133.2865 0 _ -$30514 -0 0 '$4465: 0 -.: 2'632 0 133 NA NA tem ora use 0 0 140 0.00 0.00 2` 0 0 0.5 2.5' $ 53.31..133.2865 0 '$3014 10 0 $44,65 0 - 'F. :. 0 133 NA 125 time extension, Commission or Council 1 0.5 75 140 160.35 235.35 1. 1 0 0.5 2.5'. $ 53.31 133.2865 4 $30:14 30:1375 1 $44.65 44.645 s ,6;. 50 493 NA 444 time extension, Director 0 0 140 O.W 0.0o 1. 1 0 0.5 2.5-- $ 53.31 133.2665 0 $30;14 =0 0 $44 fi5: 0 -: -_ 0 133 NA 75 unlfietl development code amendment 2 1 75 140 320.77 716.41 4 6 35 - 0 -13.5 $ 53.31 719:7472 1,5 $30'o-14 125- 170.206 0 :025 $44.fi5: 71 i8t 0 1,723 per Issue 80fi vacations (including recorded plat nates) 1 0.5 75 140 160.35 235.35 -1 4 0 :05- -2.5 $ 5331'..133.2665 t_ ;$30-:14 30:1375 4 .025 $44:65'. 78974 0 8,__ _ 0 589 NA 375 1 i 75 140 320.71 395.71 '4 4 2 '0.' 10 $ 53.31. 533.1461 -1 $30114 30:1375 1 $44:fi51 44.645 -- _. -_M} 0 1,056 erstandard 603 vanance zonin vedllcawn letter 0 0 0 140 0.00 0.00 1 - 0. 0 - 0 _ 1 -"$ 53.31 53.31461 0 `$30.74 -0 0 .$44.65: 0 a 2;Gi5 0 53 er standartl 603 Notes: Public works fee includes pre-appllcation conferences, comments meetings, staff report preparation, hearing time and final signature review time. The same hearing time was used for all departments. Separate one -lime labor hours are listed for each department. Planning salary based on mid -point of range for the assistant planners, associate planners, planning managers and planning director. -Hearing fee includes $75 for notices and mailing fee and 1.5 hours of Clerk time in preparation for each hearing. Staff prepared consensual annexation fees do not include a separate fee for boundary survey that will be charged directly to the applicant. Annexation and rezone fees include $250 for ordinance publication. Unified Development Code and Comprehensive Plan text amendment fees include $125 for summary ordinance publication. Comprehensive Plan map amendment fees include $250 for summary resolution publication. y__., N- Transcript wage is based on $20 per hour plus $6 per page with an average of 20 pages of transcript per hour Total Hourly AVERAGE PLANNING PERSONNEL COSTS $ 53.31 AVERAGE DEVELOPMENT SVC PERSONNEL COSTS $ 44.65 AVERAGE CLERK PERSONNEL COSTS $ 30.14 AVERAGE ATTORNEY PERSONNEL COSTS $ 52.61 RECEIVE OCT 0 0 2013 CITY OF C�VF CITY CLERKS OFFICE Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Ordinances - 2nd and 3rd Readinq MPR Second and Third Reading of Ordinance No. 13-1579: Parks and Recreation Code Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. 13 — IS -0 - BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 13, CHAPTER 2, REGARDING PARKS AND RF,CREATION REGULATIONS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the mission of the City of Meridian Parks and Recreation Department to enhance the community's quality of life by providing well-designed and properly maintained parks and recreational opportunities for all citizens; and WHEREAS, pursuant to the recommendation of the Meridian Parks and Recreation Commission and the Director of the Meridian Parks and Recreation Department, the City Council of the City of Meridian finds that the following ordinance will advance the mission of the Department, preserve City of Meridian park facilities for long-term use; promote recreational opportunities for the community; and protect the health, safety, and welfare of the residents of Meridian and all City park users; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 13, Chapter 2, Meridian City Code, shall be repealed, and replaced with the following language. Title 13 - PARKS Chapter 2 — PARKS AND RECREATION REGULATIONS SECTION 13-2-1: PARKS AND RECREATION DEPARTMENT CREATED: There is hereby created an administrative department within the City to be known as the Meridian Parks and Recreation Department. SECTION 13-2-2: DEFINITIONS: For purposes of this chapter, the following terms shall be defined as follows: A. ADMINISTRATIVE POLICY: A written policy, rule, or practice of the Meridian Parks and Recreation Department, approved by the Director and by resolution of City Council, concerning the administration, regulation, or operation of park amenities, recreational programming, or other function of the Department. B. CITY PARK: Any and all designated park or recreational lands or facilities that are open to or accessible by the public and are owned by the City of Meridian. C. .COMMISSION: The City of Meridian Parks and Recreation Commission. D. CONTRACT CONCESSIONAIRE: A person or entity who sells, trades, gives away, or offers or displays for sale, trade, or giveaway, any good or service pursuant to a currently effective, written agreement with the City of Meridian. E. DEPARTMENT: The Meridian Parks and Recreation Department. PARKS AND RECREATION CODE PAGE I OF 16 F. DIRECTOR: The Director of the Meridian Parks and Recreation Department or his/her designee. G. DIRECTOR'S ORDER: A written or verbal order of the Director establishing a decision or directive regarding a specific inquiry or issue concerning the administration, regulation, or operation of park amenities, recreational programming, or other function of the Department. H. MOBILE SOUP KITCHEN: A temporary establishment, conducted by a nonprofit organization exempt from federal income tax under 26 U.S.C. sections 501(c), engaged in the preparation and provision of food to and/or for the needy, including persons who by reason of age, disability, or illness are unable to prepare meals for themselves. L OUTDOOR MARKET. See definition of "Outdoor Market" in Meridian City Code Title 3, Chapter 4. J. PARK AmENITY. Any facility, physical space, land, recreational or utilitarian equipment, infrastructure, building, plant, landscaping, field, sports complex, swimming pool, golf course, trail, pathway, or other attraction, whethernatural or manmade, that is in and/or part of a City Park. 1. RESERVABLE PARK AMENITY. A Park Amenity that maybe reserved by prior arrangement with the Department and payment of any required fee. 2. NON -RESERVABLE PARK AMENITY. A Park Amenity that may not be reserved, as specifically designated as such by the Department, or as may be implied by omission. K. PRIVATE GATHERING. A gathering of persons not open to the general public. L. SHORT-TERM CONCESSIONAIRE: A person or entity in any City Park who sells, trades, gives away, or offers or displays for sale, trade, or giveaway, any food or beverages. M. SPECIAL EVENT. See definition of "Special Event" in Meridian City Code Title 3, Chapter 4. N. SPONSOR. A person or entity allowed or engaged by the Department to provide monetary or in- kind support for a Department event, program, or facility. SECTION 13-2-3: DIRECTOR OF PARKS AND RECREATION: There is hereby established the office of Director of Parks and Recreation, who shall be appointed as set forth in Title 1, Meridian City Code, and who shall superintend, direct, and manage the Meridian Parks and Recreation Department. In addition to those powers, duties and functions necessarily or fairly implied or incidental to, or those essential to, the management of the Department, the Director shall have the following expressly delegated and specified powers, duties and functions: A. Exercise general supervision of Meridian public parks, recreational programming, all officers and employees of the Department, City forestry, and the acquisition, planning, protection, operation, maintenance, development and use of public parks and other properties, buildings or facilities as may be assigned to the Department. B. Where necessary for the efficient management and oversight of parks and park amenities, adopt, and make available to the public, Administrative Policies or Director's Orders, which shall have the effect of law upon their approval and adoption by resolution of the Meridian City Council. C. Prepare, and submit to City Council for approval, an annual budget for the operation of the Department. PARKS AND RECREATION CODE PAGE 2 OF 16 D. Supervise and direct all officers and employees in the Department, including the implementation and establishment of employee performance standards and procedures for employees of the department, including, but not limited to establishment of a dress code, duties assigned to the department's employees and procedures and protocols for the conduct and operation of day to -to- day park and facility maintenance and upkeep. E. Furnish and provide, upon request of the Mayor, City Council, or any other department, reports, services, labor, materials and information as may be requested and as resources permit. F. Perform such other functions and duties as required of him or her by the Mayor, the City Council and ordinances now in existence or hereinafter enacted. SECTION 13-2-4: USE OF PARK AMENITIES: A. Parks to be regulated. No person in any park shall fail or refuse to comply with directions given by police officers or duly authorized representatives of the Director in regulating the time, place, and manner of any activity in any park when necessary to maximize use and secure the comfort or convenience of all park users. B. Regulations for Use and Reservation of all Park Amenities. The following regulations regarding the time, place, and manner of the reservation and use of all Park Amenities shall apply generally to the use of any and all Park Amenities. 1. First come, first served. Unless reserved in accordance with Department procedures and policies, all Park Amenities shall be available on a "first come, first served" basis. No person shall be authorized to use any unreserved Park Amenity to the exclusion of other persons or uses except at such time at which and by such person by whom a Park Amenity is reserved pursuant to the provisions of this chapter. 2. No admission to be charged. No person or organization, including a person or organization with a reservation, may charge admission to any Park or Park Amenity without written permission of the Director. C. Regulations for Use and Reservation of all Reservable Park Amenities. In addition to the regulations applicable to the reservation and use of all Park Amenities as set forth above, the following regulations regarding the time, place, and manner of the reservation and use of Reservable Park Amenities shall apply generally to the use of any and all Reservable Park Amenities. 1. Reservation request procedure. Any person or organization may request that the Department reserve a Reservable Park Amenity for its lawful use. Upon receipt of such request and payment of applicable fees as established by fee schedule, the Department shall reserve Reservable Park Amenities at the time and place, in the manner, and according to the procedures for equitably allocating reservations as enumerated by Administrative Policy, 2. Limited scope of reservation. The authority to exclude other persons or uses from a Reservable Park Amenity extends only to that imparted by the specific terms of a valid reservation. The Reservable Park Amenity specified on a written reservation shall be the only Park Amenity reserved by and for the reserving organization. In no case shall the reservation of a Reservable Park Amenity impart authority to physically touch or remove any person, object, or use from a shelter, or to violate any other provision of law. 3. Insurance may be required. Any person required to maintain liability insurance coverage as specified in this Chapter or by any other applicable law, policy, or permit shall maintain such coverage at all times during such party's use of a Reservable Park Amenity. 4. Reserved Park Amenity to be left in same condition. Reserving parties shall leave reserved Park Amenities clean of debris and in the same condition after use, which duty shall include the PARKS AND RECREATION CODE PAGE 3 OF 16 disposal of waste, garbage and other refuse in disposal receptacles provided. If no such trash receptacles are available, then the reserving party shall remove its refuse and trash from the park area upon vacating the park. Upon violation of this section, in addition to other civil and criminal remedies, the Department may deny or revoke subsequent reservations to the violating person or organization. 5. Commercial use of Reservable Park Amenities — goods and services. Except as otherwise allowed by Director's Order or written permit, during any reservable time, no person shall use a Reservable Park Amenity to sell or offer for sale any good or service that a CONTRACT CONCESSIONAIRE sells or offers or displays for sale at that Park. Provisions of this Chapter regarding Specific Regulated Use of Parks may also apply to sales of goods or services in Parks. 6. Commercial use of Reservable Park Amenities — recreation. Except as otherwise allowed by Director's Order or written permit, during any. reservable time, no person shall use a Reservable Park Amenity to sell or offer for sale any recreational programming that is available to the public from or offered to the public by the DEPARTMENT at that Park. SECTION 13-2-5: SPECIFIC REGULATED USES OF PARKS: In addition to laws of policies of general applicability, the following standards regarding the time, place, and manner of operation or occurrence of these specific Park uses shall also apply. A. Special Events and Outdoor Markets. A Special Event or Outdoor Market, as such terms are defined in Title 3, Chapter 4, Meridian City Code, shall be allowed in a Park subject to compliance with each and all of the following regulations on the time, place, and manner of operation of such use. 1. Temporary Use Permit required. No person shall operate a special event in a Park without first obtaining a Temporary Use Permit and/or Citizen's Use Permit, as applicable, from the City Clerk's Office. 2. Short-term Concession Permit not required. Short -Term Concessionaires specifically enumerated and permitted under a City of Meridian Temporary Use Permit are not required to obtain a Short -Term Concession Permit. 3. Reservable Park Amenity reservation required. Where a Special Event is occurring at, utilizing, or would impede the typical use of a Reservable Park Amenity, the organizer of the Special Event shall be required to reserve such amenity and all reservation fees shall apply. B. Mobile Sales Units. A Mobile Sales Unit, as that term is defined in Title 3, Chapter 4, Meridian City Code, shall be allowed to operate in a Park subject to compliance with each and all of the following regulations on the time, place, and manner of operation of such use. I. Mobile Sales Unit License required. No person shall operate a Mobile Sales Unit in a Park without first obtaining a City of Meridian Mobile Sales Unit License from the City Clerk's Office and express, written approval from the Director or designee. 2. Director approval. The approval of the Director or designee to operate a Mobile Sales Unit in a Park shall be limited as to the Park(s), scope, and authority conveyed by such approval. The Director may decline to approve the application of any Mobile Sales Unit to operate in a Park where such Mobile Sales Unit: a. Is providing or offering services or programming otherwise available from the Department,- b. epartment;b. Is providing or offering goods that a CONTRACT CONCESSIONAIRE sells at that Park; c. Is providing or offering goods, services, or programming that are incompatible with other lawful Park uses or Administrative Policy. PARKS AND Ru. CREATION CODE PAGE 4 OF 16 3. Short-term Concession Permit not required. Short -Term Concessionaires specifically enumerated and permitted under a City of Meridian Mobile Sales Unit License to operate in City parks are not required to obtain a Short -Term Concession Permit. C. Short -Term Concessionaires. A Short -Term Concessionaire, as that term is defined in this chapter, shall be allowed to operate in a Park subject to compliance with each and all of the following regulations on the time, place, and manner of operation of such use. 1. Invitation required. It shall be unlawful to operate or act as a Short -Term Concessionaire in a Park without first obtaining a written invitation to operate such concession from the Director or designee. Such invitation must be expressly conveyed, and shall be nontransferable and limited to the scope and authority conveyed by such invitation. Such invitation may be conveyed in the form of a Reservable Park Amenity reservation. The Director may decline to extend an invitation to any Short -Term Concessionaire: a. Which is providing or offering services or programming otherwise available from the Department; b. Which is providing or offering goods that a City Contractor sells at that Park; or c. Which is providing or offering goods, services, or programming that are incompatible with other lawful Park uses or Administrative Policy. 2. Health Department approval may be required. No person shall operate as a Short -Term Concessionaire in a Park without first obtaining any and all Iicenses, permits, certifications, and/or inspections required by the Central District Health Department. 3. Amenity reservation may be required. Any person operating as a Short -Term Concessionaire in or upon a Reservable Park Amenity during a reservable time shall first reserve such Reservable Park Amenity with the Department, unless such Short -Term Concessionaire is operating under a City of Meridian Temporary Use Permit or City of Meridian Mobile Sales Unit License. 4. Short-term Concession Permit required. No person shall operate as a Short -Term Concessionaire in a Park without first obtaining a Short -Term Concession Permit from the Department, unless such Short -Term Concessionaire is operating under a City of Meridian Temporary Use Permit or City of Meridian Mobile Sales Unit License. a. Application for a Short -Term Concession Permit shall be made to the Department, and shall include a completed application form provided by the Department, which form shall include, but not be limited to: (1) The name, address, and tax identification number of the applicant, and/or, if the applicant is a partnership, company, or corporation, the name, address, and corporate or tax identification number of such entity. Addresses required by this subsection shall include both local and corporate addresses, as well as both physical and mailing addresses. (2) The names and addresses of all employees and/or persons who will be establishing, operating, or acting as under the Short -Term Concession Permit. (3) A description of the operations, including any goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered, or any activities or events scheduled to occur, under the Short -Term Concession Permit. (4) A description of any and all motor vehicles to be used by or in the course of the operation, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (5) A description and/or schedule(s) of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, and/or displays will occur under the Short - Term Concession Permit, PARKS AND RECREATION CODE PAGE 5 of 16 (6) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the Short -Term Concession Permit. Such insurance shall name the city as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the city. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence property damage. (7) Application fee as set forth in the Department's fee schedule, except that no application fee shall apply: (A) where applicant is or represents a nonprofit organization exempt from federal income tax under 26 USC section 501(c); (B) Where applicant is or represents a governmental entity; or (C) Where applicant is seeking a Short -Term Concession Permit for the propose of conducting fundraising activities for a school or youth organization. b. Within twenty one (21) calendar days of receipt of a complete application for a Short -Term Concession Permit, the Department shall either issue a Short -Term Concession Permit to the applicant or deny the application. Where an application is denied, the Department shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. C. The City of Meridian Short -Perm Concessionaire Permit shall include, on its face: (1) The name(s) of the permittee and any employees and/or persons permitted to operate as a Short -Term Concessionaire under such permit; (2) The time(s), date(s), place(s), and manner at and by which the Short -Term Concession is permitted to occur; (3) Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare or mitigate effects on park users. D. Sponsors. A Sponsor, as that term is defined in this chapter, shall be allowed to operate in a Park subject to compliance with each and all of the following regulations on the time, place, and manner of operation of such use. 1. Invitation required. It shall be unlawful to operate or act as a Sponsor in a Park without first obtaining a written invitation to operate such concession from the Director or designee. Such invitation must be expressly conveyed, and shall be nontransferable and limited to the scope and authority conveyed by such invitation. The Director may decline to extend an invitation to any Sponsor: a. Which is providing or offering services or programming otherwise available from the Department; b. Which is providing or offering goods that a City Contractor sells at that Park; c. Which is providing or offering goods, services, or programming that are incompatible with other lawful Park uses or Administrative Policy. 2. Health Department approval required. No person shall operate as a Sponsor in a Park without first obtaining any and all licenses, permits, certifications, and/or inspections required by the Central District Health Department. PARKS AND RECREATION CODE PAGE 6 OR 16 E. Mobile Soup Kitchens. A mobile soup kitchen, as that term is defined in this chapter, shall be allowed in a Park subject to compliance with each and all of the following regulations on the time, place, and manner of operation of such use. 1. Short-term Concession Permit required. No person shall operate a mobile soup kitchen in a Park without first obtaining a Short Term Concession Permit from the Department. The Short Term Concession Permit fee shall be waived. 2. Amenity reservation may be required. Any person operating a mobile soup kitchen in or upon a Reservable Park Amenity during a reservable time shall first reserve such Reservable Park Amenity with the Department. The reservation fee shall not be waived. 3. Health Department approval required. No person shall operate a mobile soup kitchen in a Park without first obtaining any and all licenses, permits, certifications, and/or inspections required by the Central District Health Department. SECTION 13-2-6: GENERAL PARK REGULATIONS: Except as expressly authorized by the Director, the following prohibitions shall apply in all City Parks. These prohibitions shall not apply to police officers or MPR personnel acting in the course and scope of their duties. A. Incompatible uses. Uses incompatible with those enumerated herein, as determined by the Director, shall be prohibited. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. B. Airborne objects. 1. Model rockets. When other persons are present, no person shall launch a model rocket which is propelled by or includes a motor, black powder, composite propellant, or electric or explosive igniter. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. 2. Aircraft. Except by written order of the Director, no person shall launch, ride, land, tether, pilot, jump from, or dive from a hot-air balloon, airplane, helicopter, hang-glider, or other device designed for human flight. A violation of this provision shall be a misdemeanor. This provision shall not apply to miniature or toy versions of such aircraft, though other regulations may apply to the use of same. C. Alcohol. 1. Sale, provision, consumption, and/or possession. The sale, provision, consumption, and/or possession of alcoholic beverages shall be subject to the following requirements. a. Alcohol sold or provided at public event. Where a Special Event or Outdoor Market is held in a City Park, and such Special Event or Outdoor Market is open to or accessible by the public, alcohol may be sold or provided only pursuant to the terms and conditions of a duly issued Temporary Use Permit and a Alcoholic Beverage Catering Permit from the City Clerk. It shall be unlawful for any person to sell or provide an alcoholic beverage in violation of this provision. A violation of this provision shall be a misdemeanor. b. Alcohol brought to public event from off site for personal consumption. Where a Special Event or Outdoor Market is held in a City Park, and such Special Event or Outdoor Market is open to or accessible by the public, alcohol that is brought to the Park for personal consumption may be consumed or possessed within the boundaries of the Special Event or Outdoor Market only pursuant to the terms and conditions of a duly issued PARKS AND RECREATION CODE PAGE 7 of 16 Temporary Use Permit and a Meridian Parks and Recreation Department Alcohol Permit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. c. Alcohol sold or provided to attendees of private event. (1) Where TUP required. Where a Special Event or Outdoor Market is held in a City Park, and such Special Event or Outdoor Market is not open to or accessible by the public, alcohol may be sold or provided only pursuant to the terms and conditions of a duly issued Temporary Use Permit and a Alcoholic Beverage Catering Permit from the City Cleric. It shall be unlawful for any person to sell or provide an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. (2) Where TUP not required. Where a private event not requiring a Temporary Use Permit is held in a City Park, and such event isnot open to or accessible by the public, alcohol may be sold or provided only pursuant to the terms and conditions of an Alcoholic Beverage Catering Permit duly issued by the City Clerk. It shall be unlawful for any person to sell or provide alcoholic beverages in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. d. Alcohol brought to private event from off site for personal consumption. (1) Where TUP is required. Where a Special Event or Outdoor Market is held in a City Park, and such Special Event or Outdoor Market is not open to or accessible by the public, alcohol that is brought to the Park for personal consumption may be consumed or possessed within the boundaries of the Special Event or Outdoor Market only pursuant to the terms and conditions of a duly issued Temporary Use Permit and a Meridian Parks and Recreation Department Alcohol Permit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. (2) Where TUP is not required. Where a private event not requiring a Temporary Use Permit is held in a City Park, and such event is not open to or accessible by the public, alcohol that is brought to the Park for personal consumption may be consumed or possessed only pursuant to the terms and conditions of a duly issued Meridian Parks and Recreation Department Alcohol Permit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. e. Park Alcohol Permit. 1. Application for a Park Alcohol Permit shall be made to the Department, and shall include the following: (a) A completed application form provided by the Department, which form shall include applicant's name, physical address, phone number, date of birth, and driver's license number, a description of the location at which alcohol will be served, consumed, or possessed; and the time of day, length of time, and date the alcohol is to be served, consumed, or possessed. (b) Permit fee as established by fee schedule. PARKS AND RECREATION CODE PAGE 8 OF 16 2. Upon receipt of a complete application for a Park Alcohol Permit, the Director shall refer the application to the Chief of Police or designee, who shall cause an investigation to determine the validity and completeness of the information therein. The Chief of Police or designee shall endorse upon the application the findings of the investigation and return it to the Director. 3. Within twenty one (21) calendar days of receipt of a complete application for a Park Alcohol Permit, the Director or designee shall either issue Park Alcohol Permit to the applicant or deny the application. Where an application is denied, the Department shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. D. Amplified sound. No person in any park shall operate or aid in the operation of a private radio, stereophonic or sound amplification device at a greater volume than sixty-two (62) decibels measured from such devices to a distance of twenty feet (20) therefrom, except as such device is otherwise allowed under a valid City of Meridian Amplified Sound Permit or Temporary Use Permit, in which case such device may be operated at a volume no greater than sixty-two (62) decibels measured from such devices to the perimeter of the City Park. 1. Application for an Amplified Sound Permit shall be made to the Department, and shall include a completed application form provided by the Department, which form shall include applicant's name, physical address, phone number, date of birth, and driver's license number; description of the location at which amplified sound will be used; and the time of day, length of time, and date the amplified sound will be used. 2. Within twenty one (21) calendar days of receipt of a complete application for an Amplified Sound Permit, the Department shall either issue an Amplified Sound Permit to the applicant or deny the application. Where an application is denied, the Department shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. 4. The Amplified Sound Permit shall include, on its face: a. The name(s) of the permittee and any employees and/or persons permitted to use amplified sound under such permit; b. The time(s), date(s), place(s), and manner at and by which the Amplified Sound Permit is effective; c. Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare or mitigate effects on park users. 5. A violation of this section shall be an infiaction, the penalty for which shall be $100.00 plus court costs. E. Boating, swimming or wading. No person shall boat, windsurf, swim, bathe or wade in any water or waterways, or pool in any park, except in such water and at such places as are provided therefor and in compliance with all applicable and/or posted rules and regulations. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. F. Camping. No person shall setup a tent, shack, or any other temporary shelter for the purpose of camping, except by order of the Director, nor shall any person leave in a City Park after closing hours any tent, shack, movable structure or vehicle that is or could be used for such purpose. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. PARKS AND RECREATION CODE PAGE 9 OF 16 G. Defacement and damage prohibited. No person in any park shall willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances whatsoever, either real or personal, or have in his possession any of the foregoing things or objects, or any part thereof. A violation of this provision shall be a misdemeanor. H. Dogs. 1. Control of dogs. No person owning or having the care, custody, possession, or control of a dog shall permit or allow such dog to enter or remain except: a. Where such dog is controlled by a leash. b. Where such dog is confined in a motor vehicle. c. Where such dog is carried by such person owning or having the care, custody, possession, or control of such dog. d. At the Bark Park and/or in such areas designated by the Department or Director as dog training and exercise grounds, subject to the rules and regulations therein and as may be prescribed. 2. Removal of fecal matter. No person owning or having the care, custody, possession, or control of a dog shall: a. Fail to have in his/her possession the equipment necessary to remove his/her dog's fecal matter when accompanied by said dog in any park. b. Fail to remove the fecal matter deposited by his/her dog in any park before the owner leaves the immediate area where the fecal matter was deposited. A violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court costs. This provision shall not apply to: police officers and their service animals during the official performance of their duties; handlers of search and rescue animals during the official performance of their duties; or persons with disabilities utilizing assistance animals. L Fences and Restricted Areas. No person in any park shall climb upon or go inside security fences, maintenance service areas, or other permanently or temporarily restricted areas. A violation of this provision shall be a misdemeanor. J. Fires. No person in any park shall light, build, or maintain afire, except fox culinary purposes in grills or fireplaces designated for such purpose, and no person shall leave the immediate area without first extinguishing such fire. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. K. Fireworks. No person in any park shall discharge, or have in his possession, any fireworks, except as specifically authorized by Director's Order. A violation of this provision shall constitute a misdemeanor. L. Fishing. No person shall fish in any waters in any City Park, whether by the use of a hook and line, net, trap, or other device, except in waters designated for that use and in compliance with all applicable and/or posted rules and regulations. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. Fishing licenses shall be required pursuant to Idaho Department of Fish and Game regulations. M. Glass. No person shall use, carry, or be in the possession of any container made of glass. A violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court costs. PARKS AND RECREATION CODE PAGE 10 OF 16 N. Golf. Golfing or driving golf balls is prohibited except in specifically designated facilities. A violation of this provision shall be an infraction, the penalty for which shall be $50.00 plus court costs. O. Horseback riding prohibited. No person shall ride or lead a horse in, through, or over any City Park. This section shall not apply to police officers and their service animals during the official performance of their duties. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. P. Hunting prohibited. No person shall hunt, harm, kill, trap, or throw projectiles at any animal or bird; nor shall any person collect, remove, or possess the eggs, nest, or young of any animal or bird. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. Q. Motor vehicles. 1. Enforcement of traffic regulations. No person shall fail to obey the direction of any police officer, park employee, or other person authorized by the Director to direct traffic in, into, or out of the City Park. 2. Obey traffic signs. No person shall fail to observe any traffic sign indicating speed, direction, caution, stopping, parking restrictions or regulations, or other sign posted for proper control of vehicular or pedestrian traffic. 3. Speed of vehicles. No person shall ride or drive any vehicle, whether motorized or unmotorized, at a rate of speed exceeding fifteen (15) miles per hour, except as otherwise designated by posted signs. 4. Vehicles confined to roads. No person shall drive any vehicle, whether motorized or unmotorized, on any area except the paved park road or parking areas, or such other area as is specifically designated by the Director as a parking or driving area. 5. Penalty. A violation of this provision shall be an infi•action, the penalty for which shall be $100.00 plus court costs. R. Park Closure. No person shall be in the park during hours of closure, except for purposes of transit through the park, or as authorized by permit or Director's order. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. S. Parking in Parks. 1. City parking code applies. Except as otherwise set forth specifically in by code or Administrative Policy, Meridian City Code provisions regarding parking shall generally apply in City parks. 2. Designated areas. No person shall park a vehicle in any park anywhere other than an established or designated panting area. No person in any park shall use a parking area in violation of posted directions, state or local law, the instructions of any police officer or duly authorized representative of the Director, or Administrative Policy. 3. Parking while closed. No person shall leave any vehicle standing or parked in any park when the park is closed, except as specifically authorized by Director's Order or Administrative Policy. 4. Restricted vehicles. No motor vehicles shall be permitted on any sidewalk or pathway of any park except: a. Vehicles operated by law enforcement personnel; PARKS AND RECREATION CODE PAGE 11 0616 b. Emergency vehicles operated for purposes of transporting humans in need of emergency services; c. Vehicles operated by the Department; and d. As specifically allowed by written permit or other permission of Director. 5. Penalty. A violation of this provision shall bean infraction, the penalty for which shall be $100.00 plus court costs. T. Remote-controlled objects. No person shall operate a remote-controlled toy, vehicle, or other object when other persons are present. A violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court costs. U. Rules and Regulations. No person shall violate any rules and regulations for the use of a park, or any of its facilities or programs as such are or may be promulgated by the Department, and/or the Director. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. V. Signs. Except as otherwise specifically allowed by written authorization of the Director and/or by permit or reservation approved by the Director, no person in any park shall paste, glue, tack or otherwise post or affix any sign, plaque, advertisement, or inscription, whether temporary or permanent, to or upon any park real or personal property, facility, or surface. A violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court costs. This section shall not apply to plaques, tablets or signs posted or affixed by the City. W. Smoking. No person shall light, use, or consume any tobacco product or electronic cigarette in any City park, provided that this prohibition shall not apply to parking lots in City parks. The definition of the terms "tobacco product" and "electronic cigarette" shall be as set forth in Idaho Code section 39-5702. A violation of this provision shall be an infraction, the penalty for which shall be $50.00 plus court costs. X. Tennis Courts. No person in any park shall fail to observe and/or violate the rules and policies regarding the use of such courts as promulgated by the Director. A violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court costs. Y. Thrown objects. No person in any park shall throw, propel, or take part in or abet the playing of any games involving thrown or otherwise propelled objects such as stones, arrows or javelins except in areas specifically designated for such forms of recreation. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. Z. Trees, shrubbery and vegetation. No person in any park shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or climb trees, or in any other way injure or impair the natural beauty or usefulness of any area. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. AA. Wheeled Devices. No person in any park shall ride or operate a skateboard, roller skates, scooter, inline skates, bicycle or other wheeled recreation equipment on any ornamental surface, picnic table, bench, tennis court, fountain area, splash pad, playground equipment, planter, PARKS AND RECREATION CODE PAGE 12 of 16 sculpture or other structure unless otherwise specifically designated for such activity. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. SECTION 13-2-7: PARK OPERATING POLICY: A. hours of operation. Parks shall be open to the public every day of the year from dawn to dusk, which shall be defined as thirty (30) minutes before sunrise to thirty (30) minutes after sunset. Visitors and vehicles shall be excluded during the hours of closure except when authorized by permit, where hours are otherwise posted, or for transit through a park. The Director shall have the authority to change the hours of any Park by Director's Order. B. Closed areas. Any section or part of any park may be declared closed to the public by the Director at any time and for any interval of time, either temporarily or at regularly and/or stated intervals and either entirely or merely to certain uses, as the Director shall find reasonably necessary, Section 13-2-5: DENIAL OR REVOCATION OF PERMITS; APPEAL: The following provisions shall apply to Short -Term Concessionaire Permits, Park Alcohol Permits, and Amplified Sound Permits. A. Written notice of the denial of a permit shall be sent via U.S. mail to the applicant at the address set forth on the application. B. The Department shall deny an application for any of these permits where: 1. The application is incomplete or required application materials or fees have not been timely submitted; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. The proposed activity to be permitted will not be conducted in accordance with all applicable provisions of law or policy, including, but not limited to, this Chapter; Department Policy; and/or Director's Order; or 4. The Meridian Police Department recommends denial in order to protect the public health, safety, or welfare. C. Appeal of the denial of an application for any of these permits may be made by the applicant within fourteen (14) days of the mailing of such denial. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City CIerk via U.S. mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. D. In addition to any and all other applicable civil or criminal penalties, the Department may revoke any of these permits where: 1. Any term or condition of the permit is violated by the permittee or by any employee or person operating or acting under such permit. 2. In the course of operating or acting under such permit, the permittee or any employee or person operating or acting under such permit violates a provision of law or policy, including, but not limited to, this Chapter; Department Policy; and/or Director's Order. PARIES AND RECREATION CODE PAGE 13 OF 16 3. It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. 4. The operation of the permit and/or any component thereof varies materially from the approved time, place, and manner therefor. The Department shall notify the permittee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the permit application. Such revocation shall be effective immediately upon mailing by the Department. Appeal of the Department's revocation of a permit may be made by the permittee. Such appeal shall be made to the City Council in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person. Upon receipt of such appeal, the City Clerk shalt schedule a public heating on the appeal at a city council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. Section 13-2-9: ENFORCEMENT: A. Officials. Except where otherwise provided herein, peace officers, the Director, and other duly authorized representative of the Director shall enforce the provisions of this Chapter. B. Ejectment. A police officer, the Director or a duly authorized City of Meridian representative, shall have the authority to eject from the park any person acting in violation of this chapter. Any person ejected from the park shall leave promptly and peaceably and shall not return to the park for any reason on the same calendar day of his ejectment. It shall be unlawful for any person ejected from the park to fail to leave promptly and peaceably, or to return to the park on the same calendar day of his ejectment. C. Trespass in Parks. It shall be unlawful for any person to enter, remain in, or be present within or upon the premises of a park or park facility or any portion thereof during the hours when the park is closed to the public or enters, remains in, or is otherwise present within an area of the park clearly delineated by signs or barriers as temporarily or permanently closed to the public. Trespass in parks shall be a misdemeanor. D. Seizure of Property. A police officer shall have the authority to seize and confiscate any property, thing or device used in violation of this chapter. R Removal of Vehicles. Any vehicle parked in violation of this chapter or Administrative Policy is subject to removal. F. Exclusion notice. The Director or designee may, by delivering an exclusion notice in person to the offender, exclude from a city park anyone who, within a city park, violates any Park rule, any provision of this chapter; or of Idaho state code. The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or effective. The exclusion may be based upon observation by the Director or designee or upon the sort of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause. 1. The director or his designee may exclude the offender from the city park in which the current violation occurred for a period not exceeding seven (7) days from the date of the exclusion notice. 2. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing PARKS AND RECREATION CODE PAGE 14 otr 16 individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice. 3. An offender receiving an exclusion notice may, within two (2) days excluding weekends and holidays from service or receipt of the exclusion notice, appeal to the city council for the purpose of having the city council review the exclusion. The notice of appeal shall be filed with the city clerk. The appeal must be in writing and must set forth the reason why such exclusion should not be enforced. The exclusion shall be stayed upon filing of a notice of appeal. The city council shall hear the appeal at the second regular council meeting following the date the appeal is filed with the city clerk. The city council may uphold the exclusion, overturn the exclusion, or shorten the length of the exclusion. City Council's decision shall be a final decision. No determination of facts made by the city council shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of the same facts in a subsequent criminal prosecution. 4. This section shall be enforced so as to emphasize voluntary compliance with laws and park rules and in such a way that inadvertent minor violations can be corrected without resort to an exclusion notice. Section 13-2-10: PENALTIES: Except where otherwise provided herein, the violation of any provision of this Chapter, any duly effectuated Administrative Policy of the Department, or Director's Order, shall be a misdemeanor. Nothing in this chapter shall be construed as to limit City employees or other authorized persons from performing their official or City authorized duties. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this 8 day of October, 2013. APPROVED by the Mayor of the City of Meridian, Idaho this C11 -day of October, 2013. APPROVED: iR33 aru_cl `Noas�lk.., C�-4.� Cou.� i 61Y of f✓t.Ni OV -0 -4 - ATTEST: City Clerk PARKS AND RECREATION CODE PAGE 15 OF 16 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 13- I5'79 AN ORDINANCE REPEALING AND REPLACING TITLE 13, CHAPTER 2, REGARDING PARKS AND WREATION REGULATIONSr"D PROVIDING AN EFFECTIVE DATE. V* of 1�Ieridian — 1 0 Of Mayor and City CouncilJ� {' 9 E IDIAN EAL By: Jaycee Holman, City Clerk I ' S a� First Reading: lb -1- I'S rNTtR ^ n. tfl� spa° Adopted after first reading by suspension of the Ru e as allowed pursuant to Idaho Code § 50-902: YES NO ✓ Second Reading: I O- g - o , Third Reading: t 0 - fc • 13 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 13- I5-79 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. 13- 15-71 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 ___F day of OG-fe&v- , 20 GLvi/ ;I liam. L.M. Na City Attorney PARKS AND RECREATION CODE PAGE 16 OF 16 Meridian City Council Meeting DATE: October 8, 2013 ITEM NUMBER: 9 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