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HomeMy WebLinkAbout2008-06-24• CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, June 24, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." Roll -call Attendance: X David Zaremba O Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Glen Olsen with LDS Church: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Approve Minutes of June 10, 2008 City Council Special Workshop Meeting: Approve B. Sanitary Sewer and Water Main Easement Agreement for Kennedy Commercial Subdivision by DBSI Meridian 1-84, LLC: Approve C. Sanitary Sewer Easement Agreement for Kennedy Commercial Subdivision by DBSI Meridian 1-84, LLC: Approve D. Water Main Easement Agreement for Kennedy Commercial Subdivision by DBSI Meridian 1-84, LLC: Approve Meridian City Council Meeting Agenda — June 24, 2008 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. C E. Professional Services Contract with Delta James & Sage for Public Art Selection: Approve — Contract Amount $2,500.00 6. Department Reports: A. Public Works Department: 1. Budget Amendment for Lead WWTP Operator: Approve 2. Budget Amendment for Capital Proiects Manager: Approve 3. Discussion of Five Mile Creek Restoration Proiect: Discussed B. Planning Department: 1. Letter to Kuna City Council: Discussed 7. Items Moved from Consent Agenda: 8. Continued Public Hearing from June 17, 2008: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 Waltman Lane: Continue Public Hearing to July 8, 2008 9. Continued Public Hearing from June 17, 2008: PP 08-001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza (aka Waltman Property) by SLN Planning, Inc. — 505, 521, 615 and 675 W. Waltman Lane: Continue Public Hearing to July 8, 2008 10. Public Hearing: Draft 2008 Annual Action Plan, Community Development Block Grant (CDBG) program: Continue Public Hearing to August 5, 2008 11. Public Hearing: MI 08-005 Request for a Miscellaneous application to amend the existing Development Agreement to allow the construction of the four eight-plexes prior to the construction of the Pine/Ten Mile Intersection for Sommersbv Subdivision by Liberty Partners, Inc. — Northeast Comer of West Pine Avenue and North Ten Mile Road: Approve — Attorney to Prepare Addendum Development Agreement Meridian City Council Meeting Agenda — June 24, 2008 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. 11111 .2 1 111<o111 1911 0 0 12. Public Hearing: VAC 08-005 Request for a Vacation of the 10 -foot wide public utility easement located along the south property boundary of Lot 3, Block 1 of Devon Park Subdivision No. -2 (aka Fairview Lakes) by Fairview Lakes, LLC - Y2 mile east of North Meridian Road and north side of East Fairview Avenue: Approve - Attorney to Prepare Resolution 13. Continued Public Hearing from June 17, 2008: Covered Load Ordinance: Continue Public Hearing to July 1, 2008 14. Ordinance No. 08-1369 : Covered Load Ordinance (2nd of 3 Readings): 3rd Reading on July 1, 2008 15. Ordinance No. : 2008 National Electric Code Amendment: Vacate to July 8, 2008 16. Ordinance No. 08-1371 Citizen's Use Permitting Process Regarding Insurance Policv Requirement: Approve 17. Executive Session per Idaho State Code 67-2345(1)(d) - (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code) & (f) - (to consider and advise its legal representatives in pending litigation) & Ili) To engage in communications with a representative of the public agency's risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. The mere presence of a representative of the public agency's risk manager or insurance provider at an executive session does not satisfy this requirement: Meridian City Council Meeting Agenda — June 24, 2008 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 Meeting June 24, 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, June 24, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and David Zaremba. Members Absent: Joe Borton. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Tom Barry, Kyle Radek, Ron Anderson, Bob Stowe, Steve Siddoway, Sarah Wheeler, Keith Watts and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call tonight's meeting to order. For the public record it is Tuesday, June 24th. It's a few minutes after 7:00 o'clock. Welcome. And we will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. If you will all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by John Wheeler with LDS Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Bishop John Wheeler. He's with the Paramount LDS ward. If you will, please, join us in the community invocation or take this as an opportunity for a moment of reflection. Bishop. Wheeler: Our Heavenly Father, this evening we gather together and bow our heads before thee and give thanks unto thee for the many blessings which thou hast bestowed upon this community. We are so grateful for the City of Meridian and for the blessings and the opportunities that are before us here. So grateful for our Mayor and for our City Council and for all who support and work with them, so that we can function as a community and wrestle with the challenges that are before us. We are grateful for their time and for their efforts and for their service. Father, we pray at this -- at the beginning of this session that thou would bless us with thy Spirit, that thou would be with those who have prepared items for discussion, that thou would bless with wisdom all who Meridian City Council • June 24, 2008 Page 2 of 60 participate therein and that the decisions that are made would be for the betterment of this community and would be pleasing in thy site. We are so grateful for the men and women in the armed services and for their sacrifices in defense of our country and pray that thou would watch over and bless and sustain them and that we may know how we can -- how we can support them as well. We love thee. We love this wonderful land that we live in and for the freedoms that we enjoy. Would thou bless, again, watch over the proceedings of this Council meeting this evening and we dedicate this meeting unto thee and do so in the name of thy son, Jesus Christ, amen. De Weerd: Thank you, Bishop Wheeler. And I have a new City of Meridian pin to present to you and thank you for joining us. 4. Adoption of the Agenda: De Weerd: Okay. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a few notes on the Consent Agenda, Item 5-E, for the record the amount of the contract is 2,500 dollars. To the agenda we wish to add, under Department Reports, an Item 6-13, which will be a Planning Department report on the letter to the Kuna City Council. Item 15, the National Electric Code, has been requested to vacate and come back to us on July 8th. So, we are not discussing that tonight. Item 16, the proposed ordinance number is 08-0371. With those changes I move that we adopt the agenda. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of June 10, 2008 City Council Special Workshop Meeting: B. Sanitary Sewer and Water Main Easement Aareement for Kennedy Commercial Subdivision by DBSI Meridian 1-84, LLC: C. Sanitary Sewer Easement Agreement for Kennedy Commercial Subdivision by DBSI Meridian 1-84, LLC: Meridian City Council June 24, 2008 Page 3 of 60 E. • Water Main Easement Agreement for Kennedy Commercial Subdivision by DBSI Meridian 1-84, LLC: Professional Services Contract with Delta James & Sage for Public Art Selection: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Noting, again, that Item 5-E, the contract amount is 2,500 dollars, I move that we adopt the Consent Agenda -- accept the Consent Agenda and for the Mayor to sign and the clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. De Weerd: Okay. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Public Works Department: 1. Budget Amendment for Lead WWTP Operator: 2. Budget Amendment for Capital Projects Manager: 3. Discussion of Five Mile Creek Restoration Project: De Weerd: Item 6 under A, we have our Public Works Department. I'll turn this over to Mr. Bary. Barry: Thank you, Madam Mayor, Members of the Council. Tom Bary, Public Works Department. We have three items on the agenda this evening for your consideration. The first is a budget amendment for the reclassification of the two wastewater treatment operator positions to lead wastewater operators at the wastewater treatment plant. These particular positions would provide us an opportunity in the wastewater treatment plant to supervise and evaluate and schedule the duties, along with the existing duties F Y Meridian City Council • • June 24, 2008 Page 4 of 60 at the treatment plant. This would increase our ability to provide better quality service as it relates to the operations of the treatment plant. The reclassification of the two operator positions into lead position is also meant to allow us to reduce the span of control for the chief operators at the treatment plant, thus, allowing more guide as it relates to the operation of the treatment plant. The positions that -- these are not new positions. These are, again, just reclassifications of two existing positions. The budget amendment request is for 4,394 dollars. This is for three and a half months of the fiscal year '08, after which these two positions would be rolled into the base budget of the wastewater utility on an ongoing basis. So, therefore, a hundred percent of the funding for these positions come from the enterprise fund. Keep in mind that these positions were necessitated in part due to some of the reorganization that we had accomplished earlier in the year. So, with that I will take any questions or comments you might have. De Weerd: Okay. Council, any questions? Rountree: I have none. Bird: I have none. Zaremba: No. De Weerd: Okay. You do have a request in front of you. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment for the lead operators in the amount of 4,394 dollars. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the budget amendment request. Is there any discussion? Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Barry, Item No. 6-A-2. Bary: Thank you, Madam Mayor, Mr. President, Members of the Council, our second item before you in Public Works is another budget amendment. This is for the position of construction project manager, which has been re -titled now contract project manager. This is a position we brought before you a couple of times and had discussion about as it relates to the need for the city to better align itself with the management of capital Meridian City Council ® • June 24, 2008 Page 5 of 60 construction projects. The position itself will plan and coordinate, direct and oversee a wide variety of citywide capital construction projects, services, and activities. The position would also provide construction related oversight services for all departments within the city, insuring that projects are coordinated and completed within time schedules and within budgets, while adhering to all local, state, and federal standards, environmental and construction safety guidelines, as well as best management practices. The city currently, as you know, out sources construction project management on a project -by -project basis. This practice is costly and leads to inconsistencies in standards and oftentimes missed opportunities for the coordination of multiple capital projects. Bringing the service in-house will insure that city wide projects are coordinated, and uniform standards of service levels are consistently applied and we believe will save our citizens money. The amount for the request for the fiscal year '08 is $29,747.09. This is, again, for three months of service, after which the position would be absorbed into the overall operational budget for the fiscal year '09 and for years after that. A job description has been provided for you as amended from meetings that we have had earlier in the last couple of weeks, as it relates to Council's last direction to revise the job description and insure that various tasks and responsibilities were clearly identified. So, that has been done. The job description has been routed to -- and reviewed and approved by the Parks Director, Public Works staff, and various divisions. Also the purchasing agent and others who are associated with having an interest in or insight as to the position. So, with that I will take any questions or comments you have. De Weerd: Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Rountree: Madam Mayor, I'll just make a comment. We have seen this a couple times and there has been occasionally some confusion. I think we finally reached -- or at least in my opinion with Public Works and the other two departments that would utilize this extensively -- agreement that this is not construction management, but, in fact, it is contract administration -- more towards contract administration and contract development in oversight and management of those contracts, to make sure that we are getting what it is we specify, as opposed to what we had been thinking in terms of construction management per se. De Weerd: That's correct. Do I have a motion? Rountree: Well, if there is no further comments, Madam Mayor, I move that we approve the budget amendment for the capital project manager in the amount of $29,747.09. Zaremba: Second. [ T9{ 9 a t £ t i f i=5y C S I F I' •$. i � i � i, x f p$ gy Meridian City Council June 24, 2008 Page 6 of 60 De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, absent. De Weerd: Okay. Well, the majority rules. That motion carries. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Okay. Item 6-A-3. Radek: Madam Mayor, Council Members, the intent of this presentation is to secure approval to sign an agreement with Nampa -Meridian Irrigation District for a license to do work on this project and to secure approval for an agreement with the Idaho Transportation Department to provide funding for this project. The project is located just west of the intersection of Locust Grove and Franklin Roads. It involves earth work and native plantings on about 680 linear feet of Five Mile Creek. The project also serves as a mitigation site for the 1-84 - Garrity interchange to Meridian interchange project. I will have a few of our partners provide a detailed description of the project. First, I'd like to show you a list of the partners on the project. If I can get to the next slide I will. As you can see, the list of partners is extensive. I'd like to highlight the folks that are here tonight. First and foremost, we have the property owner Doug Tamura here. Mary McGowen from the Idaho Department of Water Resources could not be here, but she wanted to express her support for the project, as an example of a -- of pro -active floodplain management. John Anderson is here from Nampa -Meridian Irrigation District. Skip Vetten is here from the Natural Resources Conservation Service. And Kurt Wald is here from Connecting Idaho Partners. And I would like to have Skip Vetten come up and provide some additional detail on the project. De Weerd: Thank you, Kyle. Vetten: Thanks, Kyle. Thank you, Madam Mayor and Councilmen. A little bit on the project description here. I guess I would ask did you have time to review your handouts that we had delivered to your office? I know Kyle had brought some over. Okay. That's good. De Weerd: You know, most of it's on that poster board I really like, so -- Vetten: That's right. Kurt did that for us. That's out front, is it? De Weerd: Uh-huh. It is. Vetten: Well, this slide and the poster board are just a more concise viewing of what you saw in your handouts, but, basically, as Kyle said, the project there is just off of Franklin and Locust Grove. It looked like an opportunity to have a very nice amenity, to Meridian City Council • June 24, 2008 Page 7 of 60 make some stream improvements, put the stream in a more natural appearance, and maybe improve the function to more of a native or historic kind of use of the creek or ability for the creek to operate that way and at the same time provide for the needs that the Nampa -Meridian Irrigation District has for their water delivery and that's a very important mandate that they have. So, that's -- basically, the project will involve some earth work to create some sinuosity in the creek and that's a fairly simple thing to do, the way that it's designed. It's not a big project per se and creating some of that sinuosity back, fairly simple to do; and, then, the re -vegetation work that will take place will be in the uplands for grasses, herbaceous type vegetation. Here on the cross- section you can see it a little bit better. This site right here -- De Weerd: Skip, if you can take that mike right there. Thank you. Vetten: Can you hear this? De Weerd: Yes. Vetten: This is the east side right here. Of course, Doug Tamura, the landowner, owns both sides. This is the west side. The proposed pathway that goes with the Meridian master plan is on the east side of the creek. This would also be the access road for Nampa -Meridian Irrigation District. You can see the creek channel right here. A little rendition of the vegetation would be herbaceous, hydrophilic vegetation along the creek and it would transition back into some willow vegetation off of the creek and, then, in the upland areas there would be some drought tolerant shrubbery type vegetation. And the detail on that, as far as the pathway would go, is not fully decided yet, depending on how the city would want to develop their pathway. But we would put vegetation in there and, then, work around that after the fact when the city's ready to put in the pathway. Mr. Tamura has suggested that perhaps he may choose to put in a small walking path on the west side of the creek and that would be at his own discretion at a later date. Anyway, quick overview of the project there. Any questions on any of that so far? Bird: I have none, Mayor. De Weerd: Okay. No? Thank you. Vetten: Okay. Briefly I'll just talk a little bit about the benefits. There are several. You can see them up there. Public safety issue as far as the floodplain and a floodway. Avoiding steep banks. Providing separation for the path users. I think this is a very nice example of the stewardship of the natural resources, not only for the city, but other partners like Nampa -Meridian and certainly Mr. Tamura. Goes well with the master plan for Meridian for the parks department. And beneficial management, urban irrigation facility, improves the surface water quality and the habitat -- wildlife habitat opportunities out there. A couple of other things that I think could be added up there are -- there is always opportunities for public education with amenities like this and our agency and the Conversation District promote that a lot. In addition to that, it can improve the esthetics of the site. And the whole premise here is just to not interfere with Nampa- Meridian City Council June 24, 2008 Page 8 of 60 Meridian Irrigation District's responsibilities of their water delivery. All right. Quickly on the next slide, just a little bit of information here. I work for the Natural Resources Conversation Service here in Meridian and that's U.S. Department of Agriculture and our agency is working with Kyle and the city to design and plan this project. Our services come at no cost. But we have a lot of time and interest and effort into it and we want to continue that kind partnership in the future. Anyway, the more important part is the people with the money and that's Kurt. They are the important part. Wald: Mayor and Council, thanks for the opportunity to bring this project before. Unfortunately, it's not Kurt's money, it's the money appropriated to the state of Idaho through the GARVEE fund initiative. De Weerd: If you can just say your full name and who you're with. Wald: Okay. My name is Kurt Wald and I'm representing Connecting Idaho Partners, which is a joint venture -ship between two local consulting firms to deliver the GARVEE transportation program. De Weerd: Thank you. Wald: The -- Skip's agency in the development of the project put together an engineer's estimate based on the plans and specifications for the project and there was -- I think it was just under 40,000 dollars was the engineer's estimate. We decided to put a little bit of contingency amount in there to try to give the opportunity to the City of Meridian to have a little contingency or cushion at the end to potentially address a few first years of maintenance or some issues in potential bids over the engineer's estimate. So, this effort's been coordinated through a state -local agreement through the GARVEE office and ITD, reviewed by their staff and legal counsel, and we set the budget at 40,000 bucks, the engineer's estimate, plus a little bit extra, and that money is being directly appropriated out of the GARVEE construction dollars for the Garrity interchange to the Meridian interchange project, which, obviously, in driving here tonight you can see there is two projects that have gone to bid, both P&E packages have been out to bid, the contractor's been on site. We have another one -- obviously, the contractor just moved onto the site here and is beginning to work on a big chunk of work and there is one or two other additional packages that will be released here in the next few weeks to go to bid and for construction. This mitigation is offsetting the wetlands impacts from all that construction on the interstate between Garrity and Meridian. The mitigation is being required by the Federal Highway Administration under an executive order that requires no net loss to wetlands under federally funded projects. So, this mitigation is offsetting all those impacts and has set the stage for all that construction. One interesting note is that typically the 404 and Clean Water Act permitting for these kinds of projects does take a little bit of time. I don't know how we did it, but we got ahead of the eight ball there and we actually have the entire project already permitted through the Clean Water Act and IDWR and water quality certification. So, pending the approval of the state - local agreement, the license agreement, and conservation easement execution and the contract going to bid, there is, essentially, nothing left as far as loose ends to buckle up Meridian City Council June 24, 2008 Page 9 of 60 0 to have the project go to construction. And with that I think I'll let Mr. Siddoway take over. Or maybe Kyle. Radek: I'm going to segway to Mr. Siddoway by just saying that the project is also congruent with the master pathways plan. Siddoway: Thank you. Madam Mayor -- De Weerd: Nice segway. Siddoway: -- Mr. President. I'll concur that it is in harmony with the pathways master plan. What you have on the slide in front you is a piece out of the -- the adopted master plan. The line on the map is the Five Mile Creek pathway. This is the Five Mile Creek. It is planned in this area that that pathway will be constructed along the northeast side of the creek as their cross-sections have shown. So, do concur that this is in harmony with it. It's my understanding that this project does not actually build the pathway, but the wetlands enhancement that they are doing adjacent to the future pathway location will certainly be an amenity for that pathway when it is built. The next question for me was what does it cost, because we are also to be asked to take over the maintenance of this. What I have before you is what I believe to be a worst case scenario. An hour a week for 35 weeks of the year for a total of 2,625 dollars. That includes trash pickup, hand weeding, herbicide application and weed eating, the material to do those things, another 850, for a total of just under 3,500 dollars as an annual cost to us. I'm told by Skip Vetten that often these take less maintenance, but this is my foreman's estimate and that's what I'm comfortable bringing forward to Council. Other issues that we have talked about and are being incorporated into the discussions, include making sure that there is a sufficient time period at the beginning for establishments before we have to take it over for maintenance and we have some concerns about some of the upland areas that aren't irrigated, what happens if something doesn't live, do we have to replace those by federal statutes? I'm told that that's not the case. So, we can and would take this over for maintenance and believe it would be an added benefit to our pathway system. Radek: Thank you. So, this project requires, essentially, three agreements and documents to enable the construction. First is a license agreement with Nampa -Meridian Irrigation District to do work in their easement. Second, a state -local agreement, which will provide funding. And the third is a conservation easement granted by the property owner that will insure the longevity of the project. The property owner has agreement in writing to grant the conservation easement once the state -local agreement is signed. So, we have kind of chicken and egg thing there. But, again, the task for Council tonight -- the decision to Council tonight is to approve the license agreement for this project with Nampa -Meridian Irrigation District and to approve the state -local agreement with ITD. And with that we will open it up for discussion and questions. De Weerd: Okay. Council, any questions? Meridian City Council June 24, 2008 Page 10 of 60 Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: On the two agreements that would require the city's signature on approval, have those agreements been run through legal? Radek: Yes, sir, they have. Rountree: Okay. Any comments from Mr. Nary? Nary: Madam Mayor, Members of the Council, we have reviewed them. I don't have any comment. They are pretty standard. Rountree: Thank you. De Weerd: We don't pay you by the word, do we? Nary: Thankfully, no. De Weerd: Thankfully. Yeah. Rountree: Additional questions, Madam Mayor. De Weerd: Yes, sir. Rountree: I know Steve mentioned the idea of having to maintain this and their question about what happens with the uplands area if it just doesn't happen to work quite like it's planned. I guess my concern is that a lot of these wetland re -vegetation reclamation projects don't quite work as well as they are planned and is there something in the agreement that if, in fact, it fails, which is not unusual, we no longer are obliged to maintain a failure? Or something less than what is anticipated. Wald: I'll speak to that a little bit. I'll make two points there. One is that in the uplands area -- well, let me back up. The only components of the design of the project that are required to sustain their functioning components are the pieces that are within the bottom component of the channel. Anything that's in the uplands is outside of that. Skip and his design team, obviously -- and he may want to make a couple comments to this end, but the idea is to pick the low hanging fruit and to try to establish the site in a self-sustaining location where there is sufficient hydrology so support that and without any disturbance in that channel it's virtually wetlands now, with a little bit of modifications. We have a pretty good indication that that condition will be self- Meridian City Council June 24, 2008 Page 11 of 60 0 sustaining and the maintenance costs over time will probably be more front-end loaded and less on the back end. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I appreciate your comments. I understand your comments. But my question is if it doesn't work as planned, is the city still on the hook to maintain something that didn't work as planned by the agreement that we are proposing to be entering into? Wald: I believe that's the case. I believe that that agreement does put forth a severance of liability to the ITD. Rountree: Or to the City of Meridian. Wald: I believe the City of Meridian assumes that liability. Radek: Kurt, let's just say for the sake of argument we were tasked to just maintain what's there now. Would that satisfy -- I mean that almost satisfies the requirements of the mitigation, does it not? Wald: No, not quite. Actually, the -- the law states that it has to be a no net loss and you have to put additional functioning wetlands out on the ground beyond what's already there. Radek: And we are talking about .6 -- Wald: Yeah. .5. Radek: .5 acres. Rountree: Skip. Vetten: I would offer -- Councilmen, if you like. The agreement -- correct me if I'm wrong here, Kurt, but the agreement for the wetland mitigation part of this is contained pretty much in the channel there where we are going to have the sponge action of the water into the soil. The restoration there has a very high likelihood of success and I agree with you, the upland areas, without irrigation, they have a high likelihood of failure. But those areas are not part of the mitigation requirement that Idaho Transportation Department has. The reason the herbaceous and woody material that's planted in the uplands is partly for erosion control, partly because it's good planning. Partly because it's esthetics and there is likelihood that those things can fail and it's not uncommon. But that liability of replacement of that is not part of the mitigation agreement that would be outside of that wetland zone. If that helps any. And just to add a little bit, if there is failure in those uplands on the -- the drought tolerant shrubs H11 JA fl Meridian City Council June 24, 2008 Page 12 of 60 0 and grasses and so forth, that could be as the city chooses to leave it until development takes over there and there -- there could be a lot of disturbance on all of that re - vegetation anyway as Mr. Tamura develops his property and certainly as the pathway would go in, there would be disturbance there anyway. And that disturbance might be in some material that didn't survive. But in the interest of erosion control and good planning, it is in the plan. Wald: And I may want to just color that up a little bit in terms of the sustainability and achievability of the site. Skip has a success on a site very proximal to this location, a virtually mirror image of this sort of project, and that site seems to be functioning quite well and with virtually no maintenance, essentially, on that site. Vetten: The grass gets to tall and we have to mow it down once in awhile, because it's to lush. De Weerd: Did that address your concerns? Rountree: I still hear that there is a transference of liability for this wetland from ITD, who is responsible for obtaining the 404 permit for this activity. This to me is really foreign that ITD would transfer a mitigation site to another public entity. I fully understand what they do with the landscape projects, but it seems to me that they have the continued liability of sustaining this wetland and I don't know what the city's involvement of this is at this point. Wald: I agree with you. I think that's a nuance in there. From the eyes of the Corps of Engineers who issues the application and the -- ITD is still ultimately on the hook, because it -- they can't pass that -- that liability off from the federal government to you. The agreement, essentially, takes the -- how should I say -- the -- the dollar amount relates to the plans and specifications and transfers the liability to bid, build, and construct and maintain and monitor in perpetuity. If a giant flood came washing through there and stripped everything out and the EPA come out and said, ITD, you haven't met your mitigation requirement; ITD would still be on the hook to reset that template. If that makes it more clear. De Weerd: Is that stated in the agreement, though? Bird: There is your agreement right there -- Rountree: I can read it, but I believe Mr. Nary -- Nary: That wasn't what I recall, so let me look. You might cant' on with more and I will come back to -- Rountree: I have no more. That's just a point I would make and I'm not sure why -- why the liability of maintaining mitigation that ITD needs to do in order to build the road is the responsibility of the City of Meridian. Can you help me with that, Kyle? Meridian City Council June 24, 2008 Page 13 of 60 Radek: I believe the responsibility is with ITD, but they have found a solution here with the City of Meridian as a partner. I don't know if we are going to avoid any kind of liability with this transaction. We are getting 40,000 dollars and is there a guarantee that it's going to be successful, I don't think it's going to be a hundred percent guaranteed, but I think it's a good project and a good risk to take. Wald: I would agree with that. I would say in terms of the -- you know, the severance of the liability between the federal code requiring ITD to do that, there is only one mechanism to hand that off and this is not that. That would be a mitigation bank and this is not that. The severance of liability is essentially asking Meridian to a license agreement -- a maintenance agreement, rather to bid the project to the final specifications with the 40,000 bucks and taking on the maintenance and monitoring in perpetuity, where ITD is -- you know, for some reason the site, ITD will still be on the hook for the no net loss compensatory offset, but it's the liability of letting ITD pay the City of Meridian and let the parks department take over that maintenance monitoring and they don't need to come out and write monitoring reports, they just transfer that to the city. Not that the city would need to write monitoring reports either, but -- De Weerd: Who writes the monitoring reports? Wald: There wouldn't -- that was just maybe a poor example. There wouldn't be a requirement to write monitoring reports, but -- De Weerd: So, alls we take on is the maintenance, but not the ultimate liability? Wald: That's correct. Yeah. There is only one mechanism and in -- in law, which just went into effect July 9th, to physically transfer that compensatory offset law requirement and this is not that. This is only the transference of ITD's liability to maintain and monitor in perpetuity. De Weerd: So, we just want to make sure that would be clear in the agreement. Nary: Madam Mayor, Members of the Council, that's not what the agreement says. This agreement says we will indemnify and hold ITD harmless from any and all claims and our responsibility is the maintenance of this forever. To bill -- and for that the exchange is 40,000 dollars. So, that doesn't sound like what you said. Wald: That does not sound like what I said? Nary: No. That doesn't sound like what you said at all. You said ITD was responsible and could not transfer that responsibility and always would maintain it and we are just doing maintenance. That sounds like mowing the grass. We are not mowing the grass, we are responsible for building it, keeping it, maintaining it and holding you harmless from it forever. Meridian City Council June 24, 2008 Page 14 of 60 0 Wald: Right. That's true. But it's not the severance of the liability of ITD's requirement to provide the mitigation. Nary: Right. But you are transferring it. What this agreement says is by transferring 40,000 dollars to the city, the city now takes on your responsibility. Wald: To maintain and monitor it -- and to construct it to the plans and specifications. Nary: And for long-term maintenance and -- I mean -- but, again, it's the indemnification that -- if this fails, I think as Councilmember Rountree was stating, if this fails, this initial construct is done by ITD and for whatever reason the actual hundred year flood actually comes and this fails, who is responsible? Wald: ITD. Nary: Not by this agreement. Rountree: Not by the agreement. Nary: This says we are. Wald: Yeah. I think the intent of that language was to indemnify ITD from the perpetual maintenance and monitoring and the job would be bid and constructed to the plans and specifications. Nary: Well, but that's not what it says. It says indemnify and hold ITD harmless from any claims, demands, or actions for damages to property or injury to persons or other damages arising out of the performance of this agreement. So, when you perform in this agreement and you give us 40,000 dollars, we are holding you harmless from anything that happens. If it's done incorrectly. If it fails, as Councilmember Rountree says, that's what this agreement says, is that the city is responsible for it, if you are going to tender it back to the city to pay for those claims. That isn't what you said. That may be what you meant, but that isn't what this says. And maybe that's what we need to have a little more discussion about. Rountree: Madam Mayor, I -- just a comment and that's the concern I have and I would like to understand the benefit to the city. I can see cleaning this up and making it a legitimate visual experience as a benefit to the city and I'm not opposed to being a partner in these kinds of activities, but it seems to me it needs to be a fair partnership and there is no action being taken by the -- on the part of the city to require any of this to be done. It's a mitigation requirement that ITD has to do in order to move forward with a construction project. It's not a landscaping project that necessarily beautifies the city that we would typically take on for a long terra maintenance activity. Again, it's a mitigation requirement that they have to do. So, I'm confused about the partnership aspect and what it is we really get and it seems to me that language of the agreement is we get something more than what we think we are bargaining for. Meridian City Council J0 June 24, 2008 Page 15 of 60 Radek: So, would it be a recommendation to go back there and renegotiate the state - local agreement based on your comments? Rountree: That certainly would be my recommendation, but we have the rest of the Council to comment as well. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I wonder if it would -- it would require renegotiating, but I wonder if it would help to try and go along the lines of instead of making this agreement in perpetuity or forever or that sort of thing, to make an agreement that either has a one year life or a five year life, renewable a year at a time or five years at a time or forever. But that clearly leaves the responsibility on ITD and they are contracting with us to maintain it. And they could some year contract with somebody else to maintain it. De Weerd: I guess, Mr. Nary, is that something that you can take up with ITD's attorney to -- to clarify some of this to find acceptable language? Certainly, the agreement that is in front of you tonight is not even signed by ITD yet, so we would want to have you perhaps work to clarify some of the language in the intent and, then, bring it back. Nary: Madam Mayor, Members of the Council, and Councilmember Zaremba and Rountree, I think -- I think we all understand what ITD's maybe intent is and so I don't think it would be that difficult to have this discussion, because I think what you're saying is I think what the Council could be agreeable to, is just the language doesn't reflect that. And we have license agreements like with ITD -- or ACHD that are exactly like Councilman Zaremba is talking about that really are maintenance agreements. They are not liability agreements. And that's -- I think that's really the hang up. So, if the Council wants that, we could certainly have further discussion on that point and see if we can come to a better -- better language I guess that we are all comfortable with. Wald: I would note that the agreement was signed by ITD. It may not be the particular one that you have, but their district engineer and -- out of district three and Steve Hutchinson executed the agreement, so for what that's worth. De Weerd: Okay. Well, it sounds like the agreement as it's presented to Council is -- needs to have the further clarification and I'm sure, then, you would need to have a new signature, then. But if -- if appropriate, tum this over to Mr. Nary and yourself to work those details out. Nary: Right. Madam Mayor, Members of the Council, we can certainly do that. And I would use part of the packet and we could get to you as well for your engineering staff is the ACHD agreement and in there the city does take on liability, but only for acts that we do. So, if our staff, in doing maintenance, causes harm that, then, harms other folks, t �T. Meridian City Council June 24, 2008 Page 16 of 60 is we are responsible for that. But since we didn't construct it, it wasn't our responsibility to build it, they maintain that liability for that portion that, then, we maintain liability for anything that we do in the maintenance and it's a perpetuation of that. So, I think that's what the city would be most comfortable with. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think if you look in the -- the deal, we do -- after they give us the money and give us the specifications and the plans and everything, we do send it out and hire a contractor. So, we are, actually, building it. Nary: Well, that might be different, then. Bird: That's -- if you look at -- Nary: Yeah. Yeah. I saw that on here, too. Bird: I happened to run by that, so -- and we haven't even discussed the Nampa -Meridian one. Nary: Right. De Weerd: Well -- and I see that John's here tonight, so we can see -- if there is any questions regarding that contract and certainly ask Mr. Anderson if he would like to make comment. You already saw that you beat up the last guy. He doesn't want to get up here. Rountree: I don't think we could get the job. Wald: I would make note that, unfortunately, I don't have the authority to act as an agent for ITD, I'm simply the messenger in the store here, obviously. So, it may be helpful and in the best interest of time to make contact between Mr. Nary and the ITD Council to recommend language changes and I can act as a facilitator in those communications. De Weerd: Okay. Certainly we can contact Mr. Wald or his assigns. Wald: Yeah. De Weerd: Okay. And that sounds fine. I think this is a great project and certainly one that we need to get further clarification on. Council, did you have any specific questions regarding the Nampa -Meridian license agreement? Bird: Madam Mayor, I haven't read it a hundred percent, so -- n 11 Meridian City Council June 24, 2008 Page 17 of 60 11 Radek: Madam Mayor, Council Members, I would recommend if we are going to go back and reconsider the language in the state -local agreement, that we just wait on the Nampa -Meridian license agreement as well. No point in having a license agreement if we don't have the project, so -- De Weerd: Well -- and that's correct. But if -- if we have issues with it, now would be the time to know. Radek: Yes, ma'am. Anderson: The agreement that our attorneys prepared -- De Weerd: If you will, please, state your name for the record. Anderson: Oh. My name is John Anderson. I represent the Nampa -Meridian Irrigation District. De Weerd: Thank you. Anderson: The agreement that the district's come before the Council with is similar to all the rest of ours, they are pretty one-sided to protect us, just like you guys are working for your protection. This project is ground breaking, earth shattering for the district to go along with something like that and our board's very cautious on this whole project, but they are willing to support it if things go properly. So, that's all I had to say. De Weerd: Well, Mr. Anderson, we do know it's ground breaking for Nampa -Meridian and we appreciate you being at the table on this and so we will keep you apprised as to how this is moving forward and appreciate your participation. Anderson: You bet. Thank you. De Weerd: Thank you. Okay. Mr. Tamura, do you have any comment? We sure appreciate your -- your agreement and the role that you're playing in this as well. I agree with Kyle and this is an amazing project and I believe there is just a couple of questions that we need to have worked out. But it will be a nice amenity and certainly it is something that really hasn't been seen. So, we -- we -- I personally am excited about this project and I'm sure we can get things worked out. Council, any other questions? Mr. Zaremba? Zaremba: It's a similar comment. I know that there has been a lot of hard work and partnership going on in this already for quite some time and it shows and I believe it will be a very good and welcome project that we will eventually be happy with. I support the idea of reworking some of the wording a little bit, but just want to -- at this point already thank everybody for what they have already put into it and our goal is to make it happen. Meridian City Council June 24, 2008 Page 18 of 60 De Weerd: And, Kyle, since I always give all credit to you anyway, since I thought you did the poster board, but we certainly have appreciated the leadership that you have shown and thank you for that. Radek: Thank you, Madam Mayor. De Weerd: Council, any other questions? Rountree: I have none. De Weerd: Any other comments. No? Well, thank you for being here with us tonight. We appreciate all of you coming and showing your support. We look forward to seeing this moved forward. B. Planning Department — Letter to Kuna City Council: De Weerd: Okay. Okay. Item 6-13 under our Planning Department. I will tum this over to Anna. Canning: Madam Mayor, Members of the Council, you received a letter today, a draft of a letter with -- for Council and the Mayor's signature to the Kuna city council and I have an earlier draft. I may not have the draft you have, but I think I have a close enough one that I think I can address any comments and concerns you may have. We were hoping for Council signature on that item and discussion tonight and, then, signature prior to the July 1 st hearing for the Kuna city council. De Weerd: Council, any concerns regarding the letter as presented? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I just have to say this. I don't have any concerns about the letter, but it seems like every time we have correspondence things get more out of hand. So, hopefully, this will have some effect other than that. De Weerd: Well, Council, this is for the public hearing that is at the same time as our City Council meeting next week. Staff does have a -- kind of a plan and assignments as to who is going, who will be presenting what, and are in the hopes that maybe Councilman Rountree will be able to join them. Rountree: Oh, boy. Thank you. De Weerd: I think we will have a quorum without you. Was that a public way of really putting him on the spot? 3 i 1f 1 44 ` i r €. Meridian City Council June 24, 2008 Page 19 of 60 Canning: Thank you, Mayor. De Weerd: You're welcome. Rountree: Sorry I brought the subject up. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would be happy to be one of those signing the letter. I would only -- probably under the copy sent to, as a courtesy I would send a copy to Ada County Commissioner Fred Tilman. Rountree: Definitely. De Weerd: As chair and also as the commissioner present at -- when we thought we decided on these lines. Zaremba: That's what I was thinking. De Weerd: Okay. Okay. Any other comments or additions to the letter? Okay. Robert, if we could go ahead and print it up, we can have Council sign it as -- before they leave tonight. Okay. Okay. Nothing further on that item, Council? Okay. Okay. Thank you, Anna. And thank Pete for putting that together. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Continued Public Hearing from June 17, 2008: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 Waltman Lane: Item 9: Continued Public Hearing from June 17, 2008: PP 08-001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza (aka Waltman Property) by SLN Planning, Inc. — 505, 521, 615 and 675 W. Waltman Lane: De Weerd: Item No. 8 and 9 are continued public hearings from June 17th on AZ 06- 063 and PP 08-011 -- or 001. �t Atz t 3 3Y F f� i 14 i At Y 3 �T F � s Y 3 Meridian City Council June 24, 2008 Page 20 of 60 Canning: Madam Mayor, Members of the Council, you heard this last week, so I'm not going to go through much of a review for you. I did want to show you some new exhibits that the applicant has provided, so that, one, you know what we have and he knows what we have. This is a revised concept plan. Here were two other versions of that that they sent to us. Some typical street sections. I think this is what they are proposing, along with the big box. And that was it. And you have also received a letter from Ms. Little regarding the ACHD traffic study and what was reviewed for the split corridor study and all the information related to traffic coming in and out of the adjoining neighborhood to the west as well. With that I would recommend that you allow those individuals to speak and I can answer any questions you have. I haven't done anything with regard to this, other than put the exhibits in the presentation for you tonight. De Weerd: Well, I guess since the majority of the questions were responded to by Ms. Little, I would love her to come up under the staff section and give us a summary in English. You know, I looked at that letter and I really tried hard to -- to not fall asleep or -- if you will just give us a reader's digest summary of your letter. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Before Christie starts, I just wanted to thank her for the efforts she put into it and I did understand it and it did answer the questions I asked. De Weerd: Well, I'm glad you did. Rountree: And I knew she could do it, just needed another week. Thank you. Zaremba: Madam Mayor, I would add that I found it very helpful and thank you for doing that. Bird: And I'll say amen to that. De Weerd: Okay. Everyone but me. Little: Madam Mayor, Council Members, Christie Little representing Ada County Highway District at 3775 North Adams Street in Garden City. And I do have to say that I don't understand it all either and this was composed with a lot of help from our traffic engineer, so -- so, I will just kind of summarize the key points that were raised last week at the Council meeting. I know one of the concems had to do with when we were designing the split corridor and the intersection of Waltman, Main, and Meridian, what did we assume for development of this particular area and it was assume through the traffic study that was conducted by Six Mile Engineering, starting back in 2006 and working with the city and ACHD and other project team members, that the demographics would be similar to that of the west side where there is Home Depot and WinCo and other big box stores. So, the demographics were altered with the TAV to Meridian City Council • June 24, 2008 Page 21 of 60 match that type of commercial intensity for development. So, this was planned for in the design of the split corridor. One of Councilmember Rountree's concerns had to do with level of service at the intersection, specifically the capacity of the intersection, and the numbers really are quite high as far as what that capacity is and from the traffic study it indicates that traffic from this proposed development will be accommodated by this design. Again, this intersection is to be constructed beginning in February of '09. So, that information was added in there as well. And, then, perhaps some of the biggest questions and question marks have to do with this connection to the stub street and residential subdivision to the west and we talked about the traffic engineer's estimate, Pat Dolby that was hired by the applicant. Our traffic engineer and I sat down and looked at this again and it really is difficult to quantify, but the end result was even if there is a significant amount of traffic from the residential subdivision out to Meridian Road and the Waltman intersection, it -- Waltman will still be well under the threshold for the need for five lanes. So, we did examine the five lane need and potential. The traffic study report that was conducted by Six Mile also examined that and that report indicates that because Waltman doesn't extend straight through to Linder, it's really not feasible to have that as a five lane roadway. And, again, perhaps something I didn't communicate well last week was that when the corporate drive extension is connected south to Waltman that will provide another access and another means of traffic distribution in the area. So, hopefully, I answered all of your questions and I apologize that it wasn't maybe in plain English, but I think I hit everything. De Weerd: Well, now that you summarized it, I think I understood more than I thought. If you can also perhaps summarize when -- when is it recommended by ACHD to have a connection to Corporate? Little: Madam Mayor, Council Members, the ACHD requirement for the preliminary plat states that after the site generates 8,000 vehicle trips per day, the extension to Corporate Drive has to be constructed before anymore building permits can be issued. De Weerd: So, how are those trips per day measured? Little: We had part of this discussion last week, is it based on square footage or is it based on ACHD trips and we didn't go into that detail, but certainly -- I mean if we were looking at it, as soon as one building permit came in we would start tracking. If it was for a big box store, that might be the full 8,000. If it was for some smaller retail building, then, we would just have to start tracking and keeping track of the estimated trips per day. And that's what it would be based on would be based on the Institute of Transportation Engineers guidelines for trip generation. De Weerd: And you will oversee that, then, permit by permit? Little: That's correct. De Weerd: Okay. And, lastly, I know that you did talk about extraordinary impact fees from their property line to where the intersection of the phase one is being done. Where Meridian City Council June 24, 2008 Page 22 of 60 exactly is that property line? Is that before or after the bridge? It looks like it's after the bridge and how much of a section is that and were you going to charge extraordinary impact fees in that area to help reimburse? Little: Madam Mayor, the bridge is on the applicant's site and so they are required to make improvements to that. Any of their frontage improvements are not extraordinary impact eligible. What would be eligible is the off-site improvements and as soon as we start working with the applicant and looking at their phasing plans, that's when we would start looking at some cost estimates for construction of Waltman and Corporate and start assessing that extraordinary impact fee on development in this -- not only subdivision, but this general area. De Weerd: Okay. So, you can charge the extraordinary impact fees for the extension to Corporate, too? Little: Madam Mayor, that's correct. And what we would do, we would set up an impact fee boundary. One of the most successful one we had in some regards is at Magic View where we just charged an extraordinary fee based on trips in that particular case to get that roadway and signal constructed out to Eagle Road. So, this would be similar. We would just establish a geographic area and, then, assign an additional fee on top of the regular impact fee. De Weerd: Okay. Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The original concept that was seen and heard by your commission would bring traffic probably from here and also from there in a pattern that would connect directly to Corporate eventually. Would you venture a guess as to how your commission would perceive the alternate, which would make Waltman more the -- it would make Waltman the more obvious road to use for people and actually make Corporate a side street. Can you venture an opinion on -- while I like that alternate as far as only this property is concerned, how does that work in the neighborhood? Little: Sure. Madam Mayor, Councilmember Zaremba, Council Members -- Zaremba: What we are viewing now is what the commission saw; right? They have seen nothing besides this? Little: That's correct. And if the Council were to approve the revised layout, I don't believe it would need to go back to the ACHD commission. All of the requirements of the streets are still being met. You know, traffic coming from that subdivision -- folks Meridian City Council June 24, 2008 Page 23 of 60 may be traveling to get to downtown via Meridian and Main and so those folks going into downtown are going to use the Corporate connection and avoid the Waltman -Meridian connection. Those people trying to get to the freeway or other areas south of the freeway will also use that connection. So, I do believe regardless of where that Corporate Drive intersection is, we are still going to see it functioning as it needs to function based on direction of travel. So, if the Council were to approve either site plan tonight it would still meet the requirements of the ACHD commission approval. Zaremba: Thank you. De Weerd: Okay. Anything else from Council at this point? Bird: I have none. De Weerd: Okay. Little: Madam Mayor, I also just wanted to add that the street sections that were included this evening, the applicant did run those by our staff last week and they meet our requirements from the staff report. De Weerd: Okay. Thank you. Okay. Would the applicant like to comment? Nickel: Good evening, again, Madam Mayor and Council. Shawn Nickel. 6223 North Discovery Way, Suite 200, in Boise. De Weerd: Thank you. Nickel: Here tonight representing Browning Plaza Subdivision. ACHD did, obviously, a great job at explaining basically what you wanted them to go back and research and I hope that did -- did answer your question. I also have our engineer Ross Erickson here who worked with Gary Inselman at ACHD and came up with those street sections, if staff could -- those street sections right there, both of Corporate Drive and Waltman Lane within that existing easement right of way that's there right now and what those will both look like and Ross can come up here and give you the details, if that's necessary, exactly how those will -- or especially Waltman, how that will function, both now and in the future. We also provided a better detail of that -- that second conceptual plan that we presented at the last meeting right there and, again, when we discussed this connection to Corporate with ACHD staff, they also indicated to us that that wasn't necessarily their insistence on having that connect directly onto Corporate. That this alternate would work. Again, we understand this -- this concept right here would have to go back in front of ACHD as part of a preliminary plat for their -- for their review and we are willing to do that. What we are asking for tonight or in this -- with this application is this be the second -- the second concept plan become part of the development agreement that does show the big box concept further to the southwest of the property and a hotel on the southeast portion, more in the plaza. In fact, they seemed to like that and we can discuss that. We canvassed the neighbor, had another neighborhood Meridian City Council • June 24, 2008 Page 24 of 60 meeting last night and no one showed up from the -- the western neighborhood. We did provide this concept plan in the letter this time, so they saw exactly what we were proposing, hoping for a little more input from them. There doesn't seem to be any concern from that western boundary out there. So, the conditions of approval that we -- or that I proposed last week that I believe helps to protect residents, even though they don't seem to care right now, if someone does move in there that does, we have got conditions in place that we feel will meet the -- any concerns with noise, with lighting, with trash compactors, whatever. We did go around and do an inventory of four other shopping centers. I do have those right here if you'd like to look at them. Canning: Mr. Nickel, are those -- is this what you're handing Council? Nickel: Yes. I did -- very lately, but I did get staff copies of these, so she could put them on the screen and what this does show is some of the newer developments in the area. This would be a Target at Chinden and Eagle and even though we know it's not in the City of Meridian, it does point out some setbacks and compatibility with the -- in this case this was Hobble Creek, which was an existing subdivision when the Target went in. It does show how this Target, for example, kind of sits in that comer. De Weerd: I guess, Shawn, too, on the other one, isn't that the loading area, so -- and it seems like on this -- Nickel: Well, actually, they -- De Weerd: Right there. Nickel: Yeah. De Weerd: So, I guess on this it seems like your loading dock is on the neighborhood side, so if you could throw that -- not throw it, but it would be better on the site that goes towards the freeway, if that's -- Nickel: And, again, keep in mind that as part of the conditions that we are proposing, if this building -- and in this case it's well over a hundred thousand square feet, if it is within a hundred feet of that western boundary, we would come back in for a conditional use permit and have staff be able to look at that, hold a Public Hearing at that time and look at those details a little more precisely. De Weerd: Well -- but would like expectations from them on -- Nickel: I understand. And if you could go to another -- De Weerd: Because it seemed like even on the Lowe's, that's one of the things that Council spent a lot of time and attention to is making sure that back side wasn't -- wasn't where deliveries and dumpsters, that kind of thing -- Meridian City Council June 24, 2008 Page 25 of 60 Nickel: In this case I believe this is their loading area right here, backing up right in this area. Right here. Canning: Madam Mayor, you're thinking of the project to west of here. Council didn't have an opportunity to -- we had limited ability to influence the Lowe's property. De Weerd: Because it was already permitted. Nickel: I guess the reason for showing these examples is that we can design these developments -- and specifically the developer that is looking at this property has been in business for over 50 years and knows how to build these type of shopping centers and so -- De Weerd: So did Lowe's, but they -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: On the same subject that -- the discussions that we had when the other Lowe's -- the one at Ustick and Eagle went in, that loading dock ended up on the south end of the building facing Ustick, not the residences. In addition to that, I believe there was some treatment along the back of the building and also on the other side of the street -- the buildings -- I can't think of it now. It's TJ Maxx, but another store like that that's there and the Joe's and other things, have some treatment. They are not just plain on the back, they are viewable from the residences that are back there and I think those are elements that would want to be discussed and involved, but -- if you were to put a big box in that location. And as Director Canning pointed out, the buildings to the west of the one that we are looking at right now, we also had quite a bit of discussion about what would face the residences and would be the kind of things we would be looking at. Nickel: And those are both very valid concerns and I think we can definitely address those in conditions and make sure that everyone is -- De Weerd: Well, we learn lessons along the way and my office gets all the phone calls, so a little bit sensitive. Nickel: I don't -- don't doubt that. Zaremba: You can call forward to his number, though. De Weerd: We will learn how. Nickel: So, Madam Mayor and Council, that's all I have. If you'd like to get the engineer -- my engineer up to discuss those street sections, this would be the time to do that and, Meridian City Council • June 24, 2008 Page 26 of 60 then, my client would also like to get up and speak very briefly and thank you for your time again. De Weerd: Okay. Thank you. Erickson: Madam Mayor, Members of Council, I'm Ross Erickson at 1854 East Lanark Street here in Meridian. I'm here tonight representing the developer. I'm a civil engineer. And based on your direction last week we went back and redrew some typical sections for the project. The top two sections that you see on the exhibit are standard ACHD road sections. The top one is for Corporate Drive. It's a 40 foot commercial collector with 54 feet of right of way. Along with that, 20 foot street buffers will be constructed along the east side of the road. The next section down is the Waltman Lane roadway typical section that fronts the site. Because we have got more right of way in our property to work with along the frontage, we can build the entire 46 foot collector in the 64 feet of right of way that's required to do it. So, at that location that's a section that would be built. The section that's kind of out of the ordinary is the section that's from our east property line to the new intersection at the split corridor. So, last week I went in and met with Gary Inselman and we kind of thought about what's the best way to do it. There really isn't a need for a left tum lane on this section as it sits, even with the development of the Waltman property, because there is no trip generators to the south or to the north that will be using the road. So, what we came up with is a 27 foot roadway section that ultimately would be built to a 46 foot collector and match the section above, that would utilize the existing prescriptive right of way such that the south edge of pavement of this section along the existing residents, would be one foot north of the existing edge of pavement. Does that make sense? So, last week there was some concerns with the neighbors, what are we going to do with their wells, what are we going to do with their irrigation facilities, our trees. What I just said means that we won't be impacting those, so -- then, in the future when those properties sell to a developer, that developer will be required to come back in and construct the balance of this 46 foot roadway section. We thought that was probably the best way to do it to minimize impacts to the adjacent landowners and, then, also still provide the -- you know, a little heftier roadway section that was improved with sidewalk on the north side to access our development. So, with that I guess I'll stand for any questions that you may have on the -- on the roadway sections. De Weerd: Thank you. Council, any questions? Mr. Rountree? Rountree: Madam Mayor, my eyesight's not quite what it used to be, but give me some dimensions on the -- on the half section. Lane widths and are there or are there not sidewalks and -- Erickson: Madam Mayor, Councilmember Rountree, the -- that typical section is 27 feet measured from the back of curb that will be constructed on the north line -- or the north boundary of the roadway section to the edge of pavement on the south line of the roadway section. Along the north boundary of that curb there will be a seven foot sidewalk constructed and, basically, what that provides is a method for us to Meridian City Council • June 24, 2008 Page 27 of 60 accommodate our drainage on that road, because we can slope all but, you know, maybe two feet or so to the north and design and construct drainage facilities to accommodate what we are doing. There is already -- right now the width of Waltman Lane varies 22 to 24 feet of pavement, you know, kind of a crown, kind of not, but half of it already drains to the south, so in a sense we are actually going to be decreasing the amount of the drainage that goes to the south. So, there is not really a need to do drainage improvements on that side of the roadway either until the roadway is widened. With that 27 feet it allows for two travel lanes, with a little bit of extra. Rountree: And what's the -- what's the easement? Erickson: The easement. There is 25 feet of right of way on the north. Rountree: From center line? Erickson: I'm song? Rountree: From center line? Erickson: Yeah. From center line there is 25 feet of right of way north. So, we can't -- we can't center the 64 foot right of way -- not get right of way from both sides. It would be to the south, when the developer come in it will be addressed at that time. Canning: Madam Mayor, President Rountree, it's not any clearer, but it is bigger. Rountree: Just as muddy. De Weerd: Okay. Any other questions from Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Erickson: Thank you. De Weerd: Saved the best for last. Wiener: I will try. Robert Wiener, 2730 South Mayflower, Boise. 83709. First of all, I'd like to thank you all for taking the time with the project and allowing us to come back. We understand we have got a unique property. We understand we have a unique location. We have unique access issues. We don't have drive-by traffic to our north. We have to have visibility from the south. We have to have visibility from Meridian Road. This is going to be a destination oriented project. We have demonstrated our willingness to work with ACRD. We have offered to participate in road construction, Meridian City Council • • June 24, 2008 Page 28 of 60 giving up part of our property. Ruddy Lane, connecting that so that it will help traffic flow. We want to build an attractive center. That's what we are after. We need flexibility in regards to specific designs. We are trying to show some different concepts here of what it can look like, how it will all connect. Obviously, as we, Trammell Crow company, hopefully, gains some tenants, they will have some more definitive site plans, but it looks like what they have shown now is pretty close to where they are going to be. Putting the box in the southwest comer is a very important part of this -- a very important part of this project. If we designed the center and we don't have our largest draw at the furthest point away, how will we ever bring people to that end of the property? So, if we stopped them here, what would bring tenants to want to go over here? Our fear, then, would be a vacant center that wouldn't work, that wouldn't have good traffic flow. What our design is here is bring them in, let them pass the smaller stores, they shop here, they leave, they see everything else, they stop here, they shop, they stop here, they shop. If we stop them here and no one ever shops here, all we are going to have is vacancy problems and problems with the center ever having good traffic flow. So, this is thought out as far as how do you make it flow through and how do you make people come to where you want them to be and, then, flow out and shop throughout, so that you have a successful center. Poorly designed struggles. Poorly designed doesn't create the tax base that we all want. It doesn't create the ability for people to be successful in their businesses. The Trammell Crow Company has been around since 1948. 1 give them pretty good credit for following through with what they have asked of us so far. They have been more than helpful and I think that they design a nice shopping center. So, with that I would just ask that you all consider this and they do understand the neighbors' concerns to the west. They are going to be willing to work with Council and with the city to plan how to limit the amount of noise back there, but the one thing that I will ask you all to, please, think about -- 1-84 runs right here. These neighbors have been listening to huge amounts of noise. When I'm out there irrigating, if my phone rings, I can't talk on the phone out there. A building blocking noise coming down the interstate can't be that much worse than interstate noise and the center seems to me that these guys are used to a lot of noise and this can't do anything but help by having this block and some sound barrier of some sort. There is not that much traffic that goes behind that store, whether it's for getting to or from unloading -- I'm not exactly sure how it will end up loading, but my opinion is that in the long run they have got a wall versus open site of interstate, shot noise, whatever you want to call it. So, that's just my thoughts after driving around and looking at other centers, is that maybe it's not a bad thing. So, any questions for me? De Weerd: Council, any questions? Rountree: I have none. De Weerd: Okay. Thank you. Wiener: I rambled long enough. Meridian City Council • • June 24, 2008 Page 29 of 60 De Weerd: Okay. I had a couple of people that have signed up and if you will limit your testimony to the information that it was continued for tonight. This -- I have Donna Aldridge signed up for and against. And Kathy Floyd signed up against. Aldridge: My name is Donna Aldridge. I live at 355 Waltman Lane. The reason I didn't go to that meeting last night, I'm under doctor care. My blood pressure is really high and she had to put me some special medication and I didn't want to go get myself any upset more than I am and have a stroke. But, anyway, the traffic flow, they are going to come down Waltman Lane. I mean people are just waiting for that road to be opened again, like it was 20 years ago at that bridge, and there is no way you can keep those people from coming down there. And it is a peaceful lane. I know he's not -- he comes there once in awhile in his land, you know, and everything and it is peaceful down there. It's a dead end road and we have people walk through with their kids and their pets and stuff, but I took a little survey on my own and there is probably about a dozen that lives down there and maybe there is 25 trips a day, you know, for people that goes up and down and it is a headache to get out of there. I mean when you go up to that comer, you pray that you make it through without getting killed. So, when I get down there to go to town I always make sure I get all of my business done. I'm not trying to be mean about this project. I mean I can see where they are coming from. I know they are wanting to do this project, but they are not really doing it right. I mean they need some better way than just coming out on Waltman Lane for all that traffic, because it is going to be a total chaotic mess, because people are going to be coming down that lane and I won't be able to get out of my driveway, like I said 20 years ago. There is no way on God's green earth this is going to go through unless they do something better than what they have got planned. It is going to be a headache for the police department and everything, because, like I said, they had that one wagon down there, they had policemen, and it's not going to be any better when this project comes through, unless they do something better to get these people -- and it's not going to be good for them, for us, or anybody that's in that development, unless they can do something better to get this traffic flow better than what they have got planned. De Weerd: Thank you. Okay. Kathy. Floyd: Hi. My name is Kathy. I live at 520 Waltman Lane. I don't have too much -- I mean I have already commented on this a lot and the only things I have to say are the example that they showed -- the developer showed as what this could be were on major crossroads, Eagle, Chinden, Overland, Meridian and we are talking about a dead end lane here, so I don't think their comparison is very -- apples to oranges. Well, apples to trucks. It's not even close. So, I think the major problem is when you open up the subdivision, if you're going to now have five lanes and, then, it goes down to two, you're -- that's going to cause problems. You have to have the roads there and the infrastructure set before you allow any building or you're going to really end up with a big, big mess. That's all I have. De Weerd: Thank you. Okay. Is there any further testimony? Yes, sir. Meridian City Council • June 24, 2008 Page 30 of 60 Lee: Curtis Lee. 365 Waltman Lane. Comment was made earlier about the one road that's going to be connecting -- what's it going to be called? The one they are going to bring through? Bird: Corporate. De Weerd: Corporate. Lee: People are not going to use Corporate, it's just going to be an access road, basically, because they are going to Waltman Lane, especially during peak hours, they are going to go to the comer closest to the freeway. During peak hours people are going to Boise or Nampa, they want the interstate. I do not know where they -- how they figured -- really figured their numbers. They said across the west side there they looked at their traffic. Well, this is 38 acres, with more offices than they are going to have over there and stores, plus I don't think they have taken into account the west side of Waltman Lane, that development that they are going to be developing. So, that's, what, about 80 acres of development and I don't think with their survey that they did they have taken any of that into consideration, that other development part. For Browning Plaza, yeah, there would be -- that would be enough for them, but not for the comer up there, the rest of that land. So, they needed Waltman all the way through to make it four lanes, because people are not going to use Corporate, they are going to use Waltman to get to the interstate to go to work. And that's it. Thank you. De Weerd: Thank you. Okay. Any further testimony? Yes, sir. Lorcher: Joe Lorcher. 740 Waltman Lane. De Weerd: Thank you. Lorcher: I'm the landowner of this property right up here that Corporate Drive is supposed to go through and I still have not been contacted at all by Ada County Highway District. The only person I have talked to about the right of way for that property is the developer and I just think it's -- I just want to make a statement on the record that Ada County Highway District has not contacted me at all or -- or we have talked about that property, selling for the road, and I agree with -- with this new proposal, the cars are just going to zoom right down here, go right down to Waltman Lane and the new intersection to get to the freeway. Corporate Drive won't be completely taken out of the picture with the new way to -- they took away that intersection. Thanks. De Weerd: Thank you. Yes, sir. Haddock: Ed Haddock. 480 Waltman Lane. And I had a question about the -- the intersection up there that they are going to construct. What it's -- which one of those is actually going to be Waltman Lane? I wasn't quite sure how that was going to look. M1414 1, 1 M41111111 Meridian City Council O June 24, 2008 Page 31 of 60 Zaremba: On that drawing Waltman Lane goes up this way. Haddock: So, that's Waltman Lane going straight up? Zaremba: And this one goes that way. Yeah. This one is turned sideways. Haddock: Okay. So, the one that goes up is the one that actually goes to Waltman Lane. Okay. Where we come in presently from Waltman Lane, is that going to be all blocked off? There isn't going to be any access where we normally come in at the present? Rountree: No. Haddock: Okay. Well, that was my concern exactly what that's going to look like. Okay. Thank you for -- my main concern has been access to the property the whole time and, you know, if you can solve the problem, so that everyone can live with it, I will will be happy. Thank you. De Weerd: Thank you. Rountree: Madam Mayor, I guess on that point, it's a fully signalized intersection at Waltman Lane, so -- De Weerd: Yeah. That's been an intersection that's needed improvement for years. And years. Since you guys have lived there, you must realize that. Sir in the back. Swenson: Michael Swenson. 815 Waltman Lane. I won't go through the traffic woes, because you have heard them 650 million times. I'll give you a couple of maybe possible suggestions that, one, where Ruddy connects to Waltman Lane we put a stop sign. You know, that might help the traffic flow to be so continuous that it's going to wipe out any chance of us actually getting on the road. And maybe have like a 25 mile an hour speed limit on that road, because it's going to be a short little piece of road anyway and I don't think you're going to want people going very fast there. That's about all I have to say. Thanks. De Weerd: Okay. Thank you. R.Haddock: I'm Rob Haddock. 650 Waltman Lane. I was out of town last week, so I missed that one, but I have been to several others. My biggest concern with the new plan -- if we could get it back up, the one we were just on. Yes. Thank you. This is our residence right here. I just started shaking. We are right here. 520 Waltman Lane is right there. 480 Waltman Lane is right there. Currently our driveways just come out there. It's a dead end lane. With this new road is this connection going to be made? Is that going to be blocked off? I think 480 Waltman's driveway is right there at the corner. That's going to be an ugly one to get in and out of. 520 is right there. Mine's about right here. 650. And so that's -- that's my concern. I don't know -- I don't know what this -- : i Meridian City Council • June 24, 2008 Page 32 of 60 this doesn't really show an intersection at the present time, so I just don't -- I can't visualize that. My other concern is every time we come it's a different plan. I voiced a concern that Joe Borton is involved in this whole thing and, you know, have been to a lot of these meetings and I haven't seen the type of patience I have seen with this project given to others. The last meeting I was at they talked about no retail period along this boundary, now we are talking big box retail. So, you know, from my viewpoint I think it should go back to Planning and Zoning and they should get another shot at it, because it's changed so drastically -- I think this is the third time now since it's been to City Council. And traffic. Traffic. Traffic. And I agree with Kathy that this is not a major intersection, it's a dead end street and you can improve the intersection, but you're not -- you know, it doesn't make -- make it a major thoroughfare. My other concern is the road. It sounds like they don't have the right of way to the east and so they are planning to have nice big intersection, shrink it down to a little tiny alley and, then, widen it back up when a project comes. It seems silly to me. Thanks for your time. De Weerd: Thank you. Okay. Any further testimony? N.Swenson: Nancy Swenson. 815 Waltman Lane. I guess I partly wanted to get a little closer look at this stuff, because from where I was sitting I wasn't certain how the end of the lane was going to get through. And a closer look isn't really giving me a whole lot to go on. How are the people, of which I'm one, down here at the very end, going to be able to connect into all this mess? Is there going to be a yield sign here for the people coming out of there? Is there going to be a stop sign to let the few of us -- and there is just a few of us -- keep from being trampled by what I know is going to be rush hour mess, because right now the only way I get off of the current intersection of Waltman, Meridian, Main is when the light stops and if people know how to read the sign that says do not block intersection, then, I can get out. Otherwise, it is very, very difficult. It's a lot of traffic going through that intersection that we currently have. When you pull -- and I know that they will be coming out of the subdivision up here. They are not going to want to go up any possible Corporate. They are not going to want to go up Linder and down Franklin, like they are doing. I wouldn't either if I were living down here. I would be coming zooming out there. Another concern that i have is their numbers. Eight thousand vehicle trips. She just said that one big box store might contain that number of trips. Does that take into any consideration the number that might be coming out of any possible development to the east? Does that mean that if we bring in one big box store and these guys cannot develop the properties that have also got signs on it wanting to be developed -- I realize that ACHD said that the new intersection should be able to handle adequately the flow, but, then, she kept bringing up again the 8,000 vehicle trips before Corporate had to be expanded. So, I am a little concerned and a little confused. De Weerd: Thank you. Okay. Any further testimony? Okay. Would the applicant like to wrap things up? Nickel: Thank you, again, Madam Mayor and Council. For the record, Shawn Nickel. Just to remind every body, the intersection of Waltman and Meridian Road will be fully Meridian City Council • • June 24, 2008 Page 33 of 60 constructed before we can pull any building permits on -- on our site. So, that conflict that exists -- exists now is not going to be there when we pull our building permits and I think that's important to understand, because as it sits today, it's a very bad intersection and we all understand that. The example that I showed you earlier of the existing shopping centers were just to demonstrate the transition from the shopping centers to existing residential. It wasn't to demonstrate traffic patterns or anything else. I do realize that those centers were on major corridors. That was just to demonstrate how we would be compatible with the western boundary and how that all transitions. So, I wanted to point that out. We do not -- well, I guess the -- at the last meeting the Council sent us back to provide more detail on this conceptual plan. I just need to point out that it is conceptual in nature. We will have to go back in front of ACHD and modify our -- both the preliminary plat we have in front of you now, because, as you know, that plat follows the first original concept plan. So, these issues of Corporate connection and how we are going to bring Waltman Lane in and transition it into our new Waltman will all be taken care of at that time. We will have another neighborhood meeting, we will work with the neighbors like we have before on the first plan and make sure everyone understands where the stop signs are, where their accesses are going to be, buffering and all that, will be handled if we decide to go with this concept plan. So, right now we do not know exactly where Corporate will line up, other than in talking to ACHD, their indication was that this does not -- that this concept is okay, but, again, they are going to look at it again and make that determination in more detail, which will, obviously, come back to the city for review. And, then, regarding the other properties that will no doubt develop some day to the east of this site, I believe that's where the extraordinary impact fee district would come into play to speed along these improvements if there is more development that's going to occur to the east of this property. We understand what is being presented now is this center and the specific conditions that are being placed on this center regarding when Corporate gets built and some of those other off- site improvements. So, with that I will stand for any questions. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If Shawn or possibly his engineer -- and I know this is design detail and it's something that we understand necessarily, but maybe the public doesn't -- in terms of local access that would take access off of Waltman and how they are going to be accommodated and how they have to be accommodated, since it is a public road. Nickel: Right. If -- staff, can you go back to the original site plan? Yeah. In the case of the site plan that we have detailed, because it does match our preliminary plat, those issues were -- were looked at and provisions were made for accesses into those existing dwellings or those existing houses, transition of Waltman in this area down to where Corporate would come in where that intersection would be, those are all details Meridian City Council June 24, 2008 Page 34 of 60 that you will see if that other concept plan goes into play. Does that answer your question, Council Member? Rountree: It answers mine, yeah. Thank you. De Weerd: Shawn, how -- on either of those plans how do you accommodate the traffic? Are you going to do a roundabout there or is that going to be a light? I mean how do you get from Waltman onto Ruddy or Corporate and -- Nickel: The intersection right there? De Weerd: Uh-huh. Or even the other one, for that matter. Nickel: I would imagine this would be a stop sign here and -- we just didn't get into that detail with -- with ACHD on it. They were going to have a -- have stop signs, four-way stop, or it was going to be two way. I guess -- you know, I guess those are details I -- just weren't worked out. But, obviously, if this was a -- if this was a two way stop, that would send more traffic onto Corporate when it was built. I mean those things are -- those could affect traffic. De Weerd: Council, any other questions? Bird: I have none. Mr. Zaremba? No? Okay. Thank you. Nickel: Thank you. De Weerd: Council, anymore information needed from staff? Or applicant? Canning: Madam Mayor? De Weerd: Yes. Canning: Madam Mayor, Members of the Council, I have no idea how Council's voting tonight, but in the event you do want to consider the alternative concept plan -- I think at the last hearing I made the statement that it -- I would consider it consistent with the approved preliminary plat. I think the neighbors have brought up a lot of concerns with regard to -- to the driveway locations and at that last hearing I did state if it changes -- if it affects those adjoining property owners, then, it would need to be a new preliminary plat before -- before you all and in listening to the testimony tonight I would be inclined to think that we should have a new preliminary plat to give them ample opportunity to discuss that before ACHD and before the Commission and Council. But I would, of course, look for Council's guidance on such things. It's just -- De Weerd: Well -- and that's consistent with if a road grid changes at all and it would have some -- some significant changes to it. I still don't understand why traffic circles 1;l13i,;I 11z' I, H 1", -1 i it 3'H ;1 ?; 1, 11111YI'II!II e s Meridian City Council June 24, 2008 Page 35 of 60 aren't used more often than stop signs. I hate stop signs. So, you're asking Council if they choose to approve this, that they also choose one of the conceptual plans? Canning: Madam Mayor, Members of the -- Madam Mayor, Council Members, not necessarily, but just make it clear that the alternative concept plan would required a new plat. De Weerd: Okay. Okay. Council, what would you like to do? Rountree: Madam Mayor, I would offer a motion to close the public hearings on Items 8 and 9. Bird: I would second it. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 8 and 9. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? Rountree: I would echo what Anna just said in terms how we are going to go this evening, but it seems to me that if -- if we go with denial, then, that's fairly straight forward. If we tend towards approval, I just made a laundry list of about 12 or 13 things that I have heard that -- keep hearing again that are in the form of mitigation or whatnot to address some of the issues that we and the citizens have with this particular application. I would like to see that list and more that is excised out of all of the testimony that we have received and make sure that all of that stuff is included in a motion that would be towards approval of this annexation. So, just a point of discussion, I don't know about how anybody else feels about moving forward with this or denying it, but if we move forward with it, I think in my opinion it's not tonight, it's after we get this list of conditions that need to be in the DA or whatnot that follows with annexation. May need to be rounded up and put in a form that everybody understands what's going to be done. De Weerd: Okay. Mr. Nary, then, if Council chooses to move forward, would a development agreement -- usually that's signed before annexation is -- moves forward. Nary: Madam Mayor, Members of the Council, that's correct. That's certainly an option that we have used a number of times. De Weerd: So, to meet the objective, if the other Council Members agree with Mr. Rountree, what would the process be? Nary: Well, we can articulate these for the development agreement. I guess the issue is going to be is -- because the development agreement is, essentially, a contract and Meridian City Council June 24, 2008 Page 36 of 60 we've had a number -- a lot of testimony now we have closed testimony before we identified those particular items, I don't have any idea if the developer is willing to meet some of those things. So, I don't want to go through the process of creating a DA and they are not really interested in being annexed at this time with those conditions. Maybe there is an alternative they would propose, whether its, again, return to P&Z with these directions to be evaluated -- I think Mrs. Canning can talk a little bit about, again, some reevaluation of some. of the changes that have been made, that's certainly a different option. I don't want to run into a situation that we have seen occasionally where we have created a development agreement and at that point the other party is no longer interested in being annexed under those conditions. De Weerd: Thank you, Mr. Nary. Canning: Madam Mayor? De Weerd: Yes. Canning: I believe what President Rountree was asking for is we could do a revised staff report to include all the testimony thus far to incorporate -- we have to do it at some point for the findings, so it would just be a revised staff report that would detail out any conditions that Council wanted to add to the development agreement and/or the preliminary plat. De Weerd: I guess if that were the case, it -- we would need to reopen the Public Hearing so that that revised staff report could be entered in as part of the record. Canning: Yes, ma'am. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Make it clear for me -- I don't believe we have ever had a DA without first passing or denying the application. You know, you got to move forward with the application, I think, don't we? I have never -- to my knowledge don't ever remember doing a DA without enacting upon the application of annexation -- De Weerd: And that's correct, Mr. Bird. Bird: -- without it, so -- Rountree: Madam Mayor, I guess to add confusion to what I was trying to clarify, there is a lot -- and I'm not -- I'm not going to ground that hasn't either been suggested by or agreed to, from what I have heard, from the developer. But just to get that all in one Meridian City Council • • June 24, 2008 Page 37 of 60 spot, so I know when a motion is made to approve or deny this annexation, that all of that stuff is considered and included in the motion and -- I mean there was a recommendation at some point in time last week by the developer that we not connect Ruddy Lane and -- is that something we want to include or not if we move forward. But because we -- typically we say and all the comments of, et cetera, et cetera, so -- De Weerd: That drives the staff crazy, by the way. Nary: Madam Mayor. Madam Mayor, Members of the Council, maybe I -- if I understand both from what Mrs. Canning is stating and what Council President Rountree is stating, I mean maybe what we need is to reopen the Public Hearing, for you to list the items that you believe are the outstanding issues that maybe need clarification in a revised staff report, that can be incorporated into a development agreement, continue that for one week or two weeks or whatever Mrs. Canning needs to put into that report, so that what I think I -- if I understand what you're asking is when you make a motion on this project, the documents in front of you that you are comfortable with going forward is going to become part of this development agreement and not that it's based on the testimony in pieces and parts and which makes it difficult for staff to identify specifically what you're -- or you or the rest of the Council's specific concerns are. So, we are really wanting, essentially, a revised staff report and, then, a motion for -- I guess approval based upon that and if there is any issues that are outstanding -- obviously, the developer certainly would have an additional opportunity to correct that with the staff. But what you get in front of you in one or two weeks -- probably two, is that all of the revisions we have listened to in the last three public hearings on this project. De Weerd: Well, I guess -- usually, if there is specifics you make those specifics in your motion if -- if approved those are specifics that are specified and certainly if it's approved with those specifics or if it's denied, the developer always has an opportunity to appeal, so -- and state the basis of what that appeal would be about. Are we asking for an extra step that we usually haven't? Nary: Well, Madam Mayor, Members of the Council, appeal would be a little more problematic in this case, just because it is an annexation request and not just a preliminary plat or a CUP. It is an extra step, but this is a fairly complicated project. We have had three public hearings here, lots of varied testimony, lots of changes or revisions to the proposed plan, where the location of the road -- public, private, where is the center, where is it not, where is the term, where is the -- I mean lots of information that I guess from what I'm hearing is wanting some clarity in front of the Council to, then, move forward on. And, yes, that is an additional step, maybe this has involved enough project to warrant that. De Weerd: Thank you. Okay. Rountree: Madam Mayor -- and the only reason I made that comment is this is a unique application. Typically, they aren't this complicated as it relates to transportation issues Meridian City Council June 24, 2008 Page 38 of 60 and whether or not it comes or doesn't come or how it's going to be funded or not and those sorts of things. And an original concept and a new -- maybe second alternative concept and so there is just a lot of information and I think -- I personally would want to be boiled down if I were to make a motion. That's just my point of view. De Weerd: Thank you. Well, we have heard one point of view. Anyone else want to offer any thoughts or a motion to do something, either open the Public Hearing or approve or deny. So, those are your choices. I'm just here to run your meeting. Zaremba: Well, Madam Mayor, I probably would offer two opposing points of view. De Weerd: Okay. Zaremba: I have not resolved this myself yet. De Weerd: Okay. Zaremba: One is that I'm happy to see some activity beginning in this area. It's a spot that needs commercial activity available to the interstate. I can see huge benefits to the City of Meridian, including all the people that live around it, by having something happen here. My inclination would be that we act only on the concept plan that the ACHD commission has seen and that our Planning and Zoning Commission has seen and however it is worded, encourage them to bring the alternate back either as variation or a new plat or something that would also require a Public Hearing. That Public Hearing would be on the configuration, not -- not on the annexation, if we move ahead. On that same side, I have been involved in the approval of many of the residences that are just to the west of this, holding my nose waiting for this connection to be made, through Waltman over to Meridian and hoping that we have no disaster before this comes. So, for all of those reasons I would very much like to have this happen. The other side of it is the transportation infrastructure around it is not there yet and regardless of what is done on this property, I understand the promises that are made to help the other pieces of the transportation infrastructure get done -- it's difficult, because I think where I would go on my opposing, which I'm giving now, is that the property to the east of this needs to be developed in conjunction with this one, so that all of Waltman Lane is solved and what the traffic flows -- what the traffic needs are going to be. It's not helping, but I could be convinced either way. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, the only caution I would tell you is that if you annex the property without those conditions that concern you the most, being part of that annexation, you may find it difficult later to impose those conditions. And so the City Council back in 2002 thought exactly like you did in trying to annex property at the comer of Ustick and Eagle on the southwest side I ° Fr g i I ? f ¢i z Meridian City Council • June 24, 2008 Page 39 of 60 of that and because it was conceptual and because it was not tied up very tightly, because with the -- what you were anticipating what happened didn't happen, we spent a long time trying to get that property to conform with what the needs of the city are. So, I would just be cautious if you want to do that. You might be wiser as a Council to address your concerns on the record, make those -- bring those up and send it back to Planning and Zoning for addressing those specific things, so that it does get ironed out, because there has been a lot of give and take and discussion in front of you that Planning and Zoning didn't hear. Just a caution. That's all. Zaremba: Thank you. De Weerd: Okay. Mr. Zaremba, I guess I'm trying to understand -- the property to the east of this is annexed and they weren't required to do any road improvements. So, that is why you're in the conundrum that you're in today. Zaremba: East of this is already in? De Weerd: Yeah. Zaremba: The other square? I didn't realize that. De Weerd: Yeah. Rountree: The state property isn't. Nary: All the residential parcels have been. Zaremba: Yeah. You're right. Some of it is. De Weerd: So, what would you like to do? Rountree: Well, Madam Mayor, at this point, given the information from ACHD and all of the things that I have heard in terms of mitigation and/or timing, I'm inclined to want to get that list put together that can be included in a motion, so the specificity for a motion to approve the annexation would include that. Were I inclined to be opposed to this project right now I would have already made that motion. De Weerd: Okay. Mr. Rountree, would you like to open the Public Hearing, so that we can clarify the items and the information that you wish to be assembled for a concise motion? Okay. I'm just trying to figure out what you want. But I have got all night, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. r Meridian City Council June 24, 2008 Page 40 of 60 Zaremba: I think I would support the idea of reopening the hearing to do exactly as you described, to have President Rountree discuss the list and, then, continue it probably for two weeks to have Planning and Zoning review the list and maybe add anything that they need to out of it, so that we have a new staff report. That does not mean that I would promise that we would approve it when we got there, but I would like to have that list and it would go a long way to helping me decide which way to go. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Councilman Zaremba, you said you wanted Planning and Zoning to look at the list? In other words, you're proposing to send this back to Planning and Zoning? Zaremba: I didn't mean the Commission, I meant the staff. I'm song. Bird: Okay. Because I'm going, no, I don't think I want it sent back. Zaremba: I think we can make the decision. Bird: Yeah. Okay. We better. Zaremba: I don't see the director being very happy about that. Canning: Madam Mayor, Members of the Council, I think these folks have gone to enough Planning and Zoning and City Council meetings that their views have been represented at numerous occasions. I'm not sure they want to go to more Planning and Zoning Commission hearings, so -- I think we can do as Council has asked. Zaremba: Yeah. I did mean for the decision to be made by Council two weeks from now one way or the other. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we reopen the public hearings on Items 8 and 9. Zaremba: I second that. De Weerd: Okay. I have a motion and a second to reopen the public hearings on Item 8 and 9. All those in favor say aye. Those opposed? Bird: Aye. Same signal, only under no. Rountree: He's no. Meridian City Council June 24, 2008 Page 41 of 60 De Weerd: Okay. Okay. The Public Hearing has been reopened. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Mr. Rountree. Rountree: Do we need a motion or just a direction to staff? De Weerd: A direction to staff. Rountree: Bill? Nary: Yeah. Just a direction is fine and, then, a motion to continue to July 8th or -- Rountree: Okay. De Weerd: Anna, will you need a week or two weeks? Canning; Well, Madam Mayor, Members of the Council, if all Council wants is for us to draft a motion so they could take care of all the changes, we can have that in a week, but to do that revised staff report I'm probably going to need two weeks De Weerd: Okay. So, depending on what you need. Rountree: I think with that explanation, Madam Mayor, one week would be sufficient. De Weerd: Okay. Rountree: So, I'm going to make a recommendation to staff that they prepare the motion that articulates the discussion and direction on the project being timed such that the split corridor intersection improvement is done. That a CU would be required for any square footage greater than 100,000. That architectural design elements on the structures will continue all the way around the structures, similar to the example provided by the applicant at Target. That there is a completion of Waltman -- that Waltman Lane half section as provided this evening. The landscape barrier to the north -- and I believe it was specific to or on either side of and including the Haddocks' property, would be include as committed. If an alternate plan is decided, then, a new preliminary plat would have to be presented that would show the plat and vehicular access. No building permits would be issued after 8,000 vehicle trip generation, as calculated by ACHD and the reason I asked for staff to review the testimony is that's where my list ends, but I know there is other things that need to be added to that list. Canning: Madam Mayor, Members of the Council, if Councilmember Rountree could comment on the applicant's proposals to buffer the residential properties to the west as noted in the memo before Council last week. I'm 11Iffi illI S I11 1IlU111T X111 U ` 4 1_t It II._ T I 111, ,U i I Illl�hillll Meridian City Council June 24, 2008 Page 42 of 60 Rountree: Yes. Canning: And if Councilmember Rountree could comment on the proposed cap on the number of cattle allowed as an interim agriculture use. Rountree: I believe that the comment was 25. Zaremba: And one horse. De Weerd: Plus the horse. Rountree: And a horse. Canning: And, Madam Mayor, Members of the Council, President Rountree, the start time with regard to the uses adjoining the residential, the applicant committed to an end time, but never stipulated a beginning time in that letter, there may have been testimony last week and I have forgotten what it was for the beginning time. Rountree: I believe there was and I think it was like 8:00 o'clock. Canning: Okay. And, Madam Mayor, Members of the Council, that's all I had in my notes that I could recall. I think Mr. Nickel summarized a lot of the proposed modifications in his memo last week, so we can pull those and integrate them into the motion for Council. Rountree: Thank you. De Weerd: Okay. Anything further? Zaremba: I would second that and I have a question. De Weerd: Well, it wasn't a motion. Zaremba: It wasn't a motion? Rountree: It was just direction. Zaremba: I would support that concept, then. De Weerd: Okay. Thank you. Zaremba: And I do have a question. Would the requiring of a platting process for the alternate concept trigger a Public Hearing? Rountree: Uh-huh. Meridian City Council June 24, 2008 Page 43 of 60 Zaremba: Then, I'm in favor of that. De Weerd: Okay. Canning: And Councilmember Rountree, Members of the Council, if I could ask for one more clarification. Typically, in our -- you said no building permits issued after the 8,000 trip count. Typically, the way the process works is they come into the Planning Department, they get a certificate of zoning compliance. We send the certificate of zoning compliance off to ACHD. They work with the applicant kind of independently, kind of at the same time that the building permit stage is going on. I would recommend in this case that we try and get that approval from ACHD prior to initiating the certificate of zoning compliance. Okay. Bird: I think -- Madam Mayor? De Weerd: Yes. Bird: I think Christie stated that in her testimony that they would -- Rountree: Yeah. They would hold off. Bird: They would hold off. When they got to the trips they would shut it down. De Weerd: Well -- and I guess what that allows is you can get your CZC, have ACHD do their review, you just couldn't get a building permit. I mean your building permit can be reviewed, you just wouldn't be able to get a building permit, unless ACHD signed off. Bird: That's right. Canning: And, Madam Mayor, maybe -- perhaps Mrs. Little could comment on how they integrate their comments into that, because I'm not sure once we issue the CZC, at what point they have leverage, so -- De Weerd: Okay. Canning: We could work on that this week and get back to you. How is that? De Weerd: Okay. That can be brought back. Canning: Yes. De Weerd: Okay. Rountree: Very good. Meridian City Council June 24, 2008 Page 44 of 60 Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I don't know if this is the appropriate time to ask this question or not. In the new intersection configuration, how do these five properties get access? They currently use this little thing here that I think will go away to get there. Canning: Madam Mayor, I -- my memory may be a little faulty, but I think what they did is -- I believe they looped something back kind of like this or then -- Zaremba: Okay. So, they will still be able to get there? Canning: I believe so. It was just one property and I know it was addressed. I can't state that much with confidence, but I know that they did look at that and address it in some fashion. De Weerd: They would have to. Canning: Yeah. Zaremba: Thank you. Rountree: Do it or buy it. De Weerd: Okay. Anything further from Council? If not, do I have a motion to continue this Public Hearing? Rountree: Madam Mayor, I move that we continue the Public Hearing for Items 8 and 9 until our next regularly scheduled meeting, which would be July 1 st. De Weerd: Okay. Council, the concern -- Rountree: Oh, we have issues, don't we? De Weerd: Yeah. With that is -- you are the third vote and unless you're first on Kuna's agenda, which we don't know what their agenda looks like. Rountree: Maybe that would be a good reason for me not to go to Kuna. Bird: It sounds like you had that all lined out. De Weerd: I guess it is your decision. Rountree: July 8th. r � i r� i 11 4 i i x i Meridian City Council O June 24, 2008 Page 45 of 60 Zaremba: Second. De Weerd: I have a motion and a second to continue this Public Hearing to July 8th. All those in favor say aye. Any opposed? All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 10 is a Public Hearing -- Council, we are going to call a five minute break. (Recess.) Item 10: Public Hearing: Draft 2008 Annual Action Plan, Community Development Block Grant (CDBG) program: De Weerd: Okay. Let's go. I'll go ahead and call this meeting to order again. Item No. 10 is a Public Hearing on the draft 2008 Annual Action Plan Community Development Block Grant program. Canning: Madam Mayor, Members of the Council, I would like to formally introduce you to Mrs. Sarah Wheeler. Some of you met her at the bowling alley. This is her first time before Council. Nary: As part of a fundraiser. Canning: Yeah. De Weerd: They were an awesome fundraising team. Canning: Yeah. Yes, we were. And I'm going to tum it over to Sarah. I just wanted to introduce her and point her out as our shining new star in the planning department. De Weerd: Thank you. Wheeler: Thank you, Anna. De Weerd: And welcome, Sarah. Wheeler: Thank you, Mayor and Members of the Council. I'm going to keep this short, sweet, and simple and fast, so if I'm speaking too fast, please, slow me down. Just a brief background of why we are -- oh. The City of Meridian, as you know, was designated an entitlement community by the U.S. Department of Housing and Urban Development and as such it can directly receive entitlement grants that a Community Development Block Grant program or CDBG as I'll just refer to it for the rest of the presentation, basically allocates some of that to cities to develop viable communities. Now, they are somewhat limited in scope due to federal restrictions, obviously, 1 Meridian City Council June 24, 2008 Page 46 of 60 complexity of administration and, of course, activity costs, but it is a good program that can help the city. In January of 2008 Meridian's first consolidated plan and action plan was approved thanks to the hard work Emily Kane and, basically, the consolidated plan functions as a framework for -- and dictates how the city's actions should continue for the next five years. So, why are we here? Well, according to the CDBG regulations, entitlement communities must develop an action plan each year in order to receive funding. The plan, obviously, must go through a public hearing process and, then, obtain Council approval before it can be submitted to HUD. In February of this year HUD informed the city that they would be receiving approximately 237,000 dollars for the program year '08 action plan, which runs from October 1st, 2008, until September 30th, 2009. So, it's kind of a little bit off from Meridian's fiscal year. So, in order to receive CDBG funding, the City of Meridian must submit this annual action plan by August 15th, 2008. This is just a public hearing. It will go before City Council approval hopefully on July 29th for the official approval. We held a town hall meeting on April 30th to go through kind of our ideas, send out fliers, press release, and whatnot. On June 11 th we published a notice in the Statesman and the Valley Times just to bring attention to this meeting. And the draft plan is available online on the Meridian Planning Department main page and, then, hard copies are at Meridian City Hall, at Meridian senior center, the public library and the Meridian Planning Department for the public to view. Before we open to public comment, just kind of what can the funds be used for. The funds are limited to address three of HUD's national objectives, which the first being decent housing. The second suitable living environment. And the third economic development. Now, 70 percent of these funds have to address the needs of low and moderate income persons. We have spent a lot of the 2007 -- well, allocated a lot of the 2007 funds for the development of -- well, the renewing of slum and blight, basically, within Meridian. So, that wasn't part of that 70 percent, so we really need a target that -- with this action plan and that's what we have tried to do. So, Meridian LMI districts are kind of up above right there. We have -- Meridian is an exceptional criteria community in the fact that we do not have a lot of low to moderate income consensus blocks and so as an exceptional criteria we were able to drop the standard to 45 percent LMI, instead of the 51 required by federal regulations. So, that entitled us to three different census blocks, which are seen on the screen. Just to put that in context, these are the three census blocks in relationship to the urban renewal district and the City of Meridian, which includes the downtown area. All right. So, just briefly, these are the allocations that we feel would be appropriate for the program year '08 action plan. First, the housing component was the main goal of the Meridian CDBG consolidated plan. Housing itself is creating it. New housing is kind of problematic, because the city is not allowed to build new housing units. Because of this barrier, we felt that joining with other agencies would be our most valuable asset. So, we contacted the habitat for humanity and they were on board with us purchasing a potential lot for them to build on, kind of like we did I believe last year with the school district. So, that would be a great partnership there. So, that was 60,000 dollars. Another 50,000 dollars -- we talked to Boise city, Ada County Housing Authority, and they have programs where they help low, moderate income families buy down mortgages, help with down payment assistance, so we could have more home ownership within the Meridian city limits, which would be a great program. The second component of the CDBG, basically, revolves around Meridian City Council June 24, 2008 Page 47 of 60 creating a suitable living environment and we have kind of outlined and we kind of allocated 80,000 dollars towards those goals. We propose 40,000 dollars going towards the Meridian Boys and Girls Club to help in the new, new gymnasium design, because we all know they are growing and they are a very valuable asset to the youth in Meridian. Secondly, 20,000 dollars to Meridian Senior Center. They could definitely use some floor renovations and, then, updating their phone systems, so they have modem capabilities, such as voicemail. We definitely believe that would a great asset to enhancing services to our seniors and so would really like to see that go forward. Third, obviously, code enforcement. We'd like to continue some funding code enforcement for specifically those low, moderate income areas, so they can help decrease the deterioration going on in those areas. And, then, economic development -- we don't have anything allocated towards that this year. The 2007 were kind of -- was kind of focused on that and so we felt that it would be a good idea to focus on the housing component and the suitable living environment. We feel that these projects will not only bring multiple agencies together and kind of create a good working relationship, but they do provide great opportunities for Meridian to enhance housing and create a better environment for its residents. With that I'd like to open for any questions or comments by Council. De Weerd: Thank you, Sarah. Council, any questions? Bird: I have none. Rountree: I missed the math here, but this shows 190,000 and you were talking we were eligible for 234,000 -- or something like that. Wheeler: Correct. What's not on there -- I guess I should have put on there -- is the administrative funding. That equals the rest of the portion and that's to administer the grant. Rountree: Okay. Okay. Thank you. Canning: And, Madam Mayor, along those lines, Mrs. Wheeler is spending about two- thirds of her time getting up to speed on the Community Development Block Grant entitlement process, so she -- the other one-third of the time is spent trying to learn how to be a planner in the office as well. So, we are keeping her very busy. But in -- she was afraid you would ask how she came about selecting these particular projects and I did want to focus on the fact that we had tried to pick ones that are -- require as little administration as possible and that we feel we can learn how to administer these projects and get them done. We may come to you with more complicated projects as time goes by, but we are trying to stick to the simplest, easiest ones to administer that we can come up with. And so that was a huge criteria in how we selected these programs. De Weerd: I think maybe better said is the low hanging fruit. Meridian City Council • • June 24, 2008 Page 48 of 60 Canning: Yes. Exactly. Rountree: And all very deserving. De Weerd: Very much so. Canning: Yes. De Weerd: Very much so. Yes. Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this item? You know how to pack a room. So do we. We know how to clear a room. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we close the Public Hearing on Item No. 10. Bird: Second. De Weerd: Okay. I have -- Rountree: Or do we leave it open until the public hearing's done? Nary: Madam Mayor, Members of the Council, I -- Sarah would know, but I think we -- I don't think we can close the Public Hearing. Don't we have to leave it open, because we are going to receive comment between now and the closing period. So, I think we have to continue it to -- De Weerd: So, we are not meeting July 29th? Is that what I understand? Bird: That's right. De Weerd: So -- Nary: Isn't that correct? Don't we have to do it that way? Wheeler: Oh. Correct. Yes. Nary: Okay. Rountree: So, we -- De Weerd: So, we can -- we can continue this Public Hearing on a week -by -week basis or until August 5th? Meridian City Council June 24, 2008 Page 49 of 60 Nary: I think we can do it until August 5th. I don't think we have to hold it weekly, because they can accept comment between now and then. De Weerd: Yes. It can be written. Wheeler: Precisely. They just need 31 days from tonight. De Weerd: Thank you. Rountree: Madam Mayor, with all that help, I moved that we continue this Public Hearing until August 5th. Bird: I second that. De Weerd: Okay. I have a motion and a second to continue this Public Hearing until August 5th. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Public Hearing: MI 08-005 Request for a Miscellaneous application to amend the existing Development Agreement to allow the construction of the four eight-plexes prior to the construction of the Pine/Ten Mile Intersection for Sommersby Subdivision by Liberty Partners, Inc. — Northeast Comer of West Pine Avenue and North Ten Mile Road: De Weerd: Okay. Item 11 is a Public Hearing on MI 08-005. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council -- let me get the right slide show up for you. Madam Mayor, Members of the Council, this is the Sommersby Subdivision project. It's located at the northeast comer of Pine Avenue and Ten Mile Road. The application before you tonight is a development agreement modification and that modification is shown in your staff report. They are, basically, requesting that they be allowed to construct the four eight-plexes that were originally proposed prior to the widening of the Ten Mile and the construction of the Pine - Ten Mile intersection. And one of the main concerns regarding this project in 2004 was the traffic that would be contributing to the already congested Pine - Ten Mile intersection. ACHD is in the process of completing the interim changes and that's a temporary signal and left turn lanes to the Franklin - Ten Mile intersection scheduled for completion in mid July. ACHD also added two left tum lanes, one from Ten Mile to Pine and the other from Pine to Ten Mile to help alleviate congestion at that intersection. Staff contacted ACHD for traffic count information and was informed the last traffic count, which was conducted in 2006, for Pine Avenue east of Ten Mile, generated approximately 4,000 trips and is currently operating at an acceptable level of service. Do have elevations tonight. This is the location of the four eight-plex lots and this is the elevation of the unit. And this is, actually, a .four-plex, so the eight-plex would just be two of these put together. So, staff 111111 P11311 IND IJI Meridian City Council June 24, 2008 Page 50 of 60 has recommended some specific wording. They took -- as the applicant had requested, they took out the prohibition on the four eight-plex buildings, but they added a new condition stating that the Lots 43 through 50 as shown on the preliminary plat of the Sommersby Subdivision, shall be recorded prior to issuance of occupancy for the first eight-plex building. So, the idea was that we get that final plat recorded before we issue those building permits. Or any building permit. And with that I will answer any questions Council may have. De Weerd: Council, questions for staff? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, they -- they have got some buildings up out there, don't they? Canning: Yes, sir. They have everything but the eight-plexes and the office lot. Bird: Okay. They -- Rountree: All the four-plexes are in. Canning: All the four-plexes -- Zaremba: The ones that are built are these. Canning: Yes. Bird: Not all of them. Zaremba: Well, not all of them are there yet. Rountree: Just the center. Bird: There is three or four buildings there. Zaremba: Yeah. Rountree: There is more than that. De Weerd: Yeah. There is more than that. Okay. Any other questions? Mr. Rountree? Rountree: Yeah, I guess I do have a question. Can we get them to be a different color? Nary: They are all different colors. Meridian City Council • June 24, 2008 Page 51 of 60 Canning: Madam Mayor, Members of the Council, because they are modifying the DA the whole DA is open, so if you want to make suggestions and additions to the development agreement, I think that that's certainly what's being discussed tonight. De Weerd: Only if they can improve the sidewalk and property across the street from them. Canning: Madam Mayor, I know that Mr. Over -- or Lieutenant Overton -- I can never remember his rank -- is working on that. Did I get it wrong again? Yeah. Is working -- he was working on that today. De Weerd: Okay. Thank you. Any other questions from Council? Okay. Would the applicant like to comment? On the color. I just -- I just think this is so ironic. I was not here when this was approved, but I was here when it was in front of Council when you were the planning director and you know the riots that happened in the street on this one, so -- Stiles: Not since we have been doing the project. De Weerd: If you will, please, state your name and address for the record. Stiles: Sheri Stiles. Engineering Solutions. 1029 North Rosario Street in Meridian. De Weerd: Thank you. Stiles: I don't really have anything to add. We are in agreement with staffs conditions of approval. I thought they had some variation in some of the colors out there. They are all earth tones. De Weerd: He's color blind, so -- Bird: They are all in the modem color. Rountree: They are all really brown. Stiles: Bright? Rountree: No. Brown. Stiles: Oh, brown? Well, that was what they got approved. Well, I'll ask him if he'd like to do some variations and get with staff and see if there is something they can do with those colors. Bird: Tell him to put a pink one on and -- Meridian City Council • June 24, 2008 Page 52 of 60 De Weerd: You know, I don't -- I don't know if -- is Lieutenant Stowe sitting over there? Stiles: Lime green. De Weerd: Have we had some vandalism or little fires going on in that area? You know, can -- is there any recommendations from the police department on how we can create a safer building environment out there? I know you hide around the comer there for a reason, but -- Stowe: Madam Mayor, Members of Council, I haven't seen the entire application, so I'm not familiar with what recommendations Lieutenant Overton has made on this. However, we have had some incidents of arson out there. What we really want to maintain is a lot of natural surveillance and we want to make sure there is some open areas that we can -- if these type of incidents occur, we do have eyes on them or we at least have the opportunity to have eyes on it and not only discourage it, but to at least see it when it happens. So, right now that's about as specific as I can get. De Weerd: Yeah. But we have had problems out there, Sheri, and I -- I guess if there is anything that the developers can do to -- to help with security in that area, it would be very helpful. And I know it's their property loss, too, so -- Stiles: Madam Mayor, Council Members, I wasn't aware of -- was it arson of an existing building going up or is it fire of the weeds or -- De Weerd: I think there has been damage to the structures themselves. Stowe: There has been structural damage. Stiles: I do know that Mr. Collister has a relative living in the house now, to not only kind of be a caretaker, but just because he needed the help with a place to live, so -- they done their landscaping and it looks pretty nice to me. I mean maybe Mr. Stowe wasn't aware of the whole development that -- it has been approved, the configuration, everything, but we do need to get with both you and the fire department to make sure our development, in putting in those four eight-plexes, gives you the sight and the security you need for fire suppression, too. Stowe: And, Madam Mayor, Members of the Council, just to go a little bit further, we have been working with the fire department out there in that general area, putting more patrols out there and we haven't had any recent incidents. Most of the incidents now are at least I believe a month old. Stiles: Thank you. Nary: And at least these are a color. I mean the project across the street is all one color. Meridian City Council June 24, 2008 Page 53 of 60 De Weerd: Yeah. Weeds. Weed color. Bird: I was going to say, those across the street -- Nary: And the other project behind D&B is all one color, so -- at least these are varieties of colors. Stiles: Do you have any questions of me? De Weerd: Any other questions, Council? Or any questions? Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Seeing none, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing on Item No. 11. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Canning: Madam Mayor, just to clarify that record, the comment regarding Lieutenant Overton was with regard to the properties south of here, not to this one. De Weerd: I understood it. Okay. Council, what would you like to do? Rountree: Madam Mayor, I move that we approve the DA amendment with the conditions as specified by staff in their staff report and agreed by the applicant. Bird: Second. De Weerd: Okay. I have motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Ifil h u 41, ' SHF I Meridian City Council June 24, 2008 Page 54 of 60 Item 12: Public Hearing: VAC 08-005 Request for a Vacation of the 10 -foot wide public utility easement located along the south property boundary of Lot 3, Block 1 of Devon Park Subdivision No. 2 (aka Fairview Lakes) by Fairview Lakes, LLC — Y2 mile east of North Meridian Road and north side of East Fairview Avenue: De Weerd: Item 12 is a Public Hearing on VAC 08-005. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Devon Park Subdivision No. 2, aka Fairview Lakes project. It's a vacation. It's located midway between Meridian and Locust Grove on the north side of Fairview -- actually, on Lakes Place. De Weerd: We haven't seen this application for awhile. Canning: At least a month. The request before you tonight is for a ten foot wide public utility easement located on southern boundary of Lot 3, Block 1, in Devon Park Subdivision No. 2. The easement is proposed to be relocated within a drive aisle and platted with Devon Park Subdivision. So, this is the location of the current easement. My understanding from Mr. Steckline is that they actually are going to vacate the entire easement and, then, re -plat an easement for this front portion, because there are existing utilities there. To our knowledge, with regard to the vacation, there are no outstanding issues before Council. Councilmember Zaremba did ask us about previous commitments to include amenities for the project as a whole and I can provide some information on that. But staff is recommending approval of the vacation. We have received all the necessary relinquishment. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: No? Zaremba: Not for staff. De Weerd: You survived. Hi. Tamura: Madam Mayor, Members of the Council, my name is Doug Tamura, we are the developers of Fairview Lakes. What that was is it was just a -- a standard ten foot utility easement when we did the subdivision -- or Devon Park Sub No. 1 and Sub No. 2. What we have done is we went ahead and did kind of a mirror image of -- of the office complex on the east side of the road. So, all of the infrastructure for this next phase is in and so at the last -- we got kind of a chicken and the egg. The last requirement for us Meridian City Council • June 24, 2008 Page 55 of 60 0 to be able to plat Devon Park No. 3 is the vacation of this easement and so we have already put all the utilities in. We have -- we have given all the required easements to the utility companies and so it's just a formality to vacate this common easement. De Weerd: Okay. Thank you. Mr. Zaremba. Zaremba: Madam Mayor. It's nice to see you again. You know I'm going to ask about the amenities. This area down here is supposed to have two amenities and I don't see them happening. What -- what are they going to be? Tamura: On the -- well, you know, our main amenity is we -- we continued the pedestrian path through the whole project, so one of the discussions that we had was the pedestrian pathway and what we did in the original project is it was to follow the Jackson Drain and so the Jackson Drain ran diagonally through our project. Oh, here is a pointer. The Jackson Drain ran through the park, through here, and, then, it ran through here and it was -- it was our observation that the only way that people could cross Fairview was at the stop light that we put at the intersection of North Lakes and Fairview. So, we have got a ten foot pedestrian path that runs up through -- well, it runs through here and, then, originally we had it designed where it went through the back yards of the -- along our fence line here and, then, ran diagonally, you know, out of our project. But we had such a strong opposition from our neighborhood over here that we moved the pedestrian path so it runs up here; comes up here through here and runs across here and, then, comes back out and, .then, ties in. So, this has all been installed. The other thing is we came before Planning and Zoning and so we have got kind of our -- we have been kind of crawling along on our retail, so we have got a little retail strip here and, then, there is going to be -- when we get ready to do the next phase of the retail strip here, we have got kind of a -- a patio and a water feature planned, so that when you come into this project here you will have a nice water feature and landscaping and a patio that's located in this area right here. So, we have got that approved at Planning and Zoning on our conditional use. So, those are kind of our two amenities that we have got planned. Zaremba: You made me very happy. Thank you. Tamura: Thank you. Canning: And -- Madam Mayor, can I follow up on that? Mrs. Watters went to go inspect that CU for Fairview Lakes retail building number one and two about a month ago. She did not sign off for occupancy, because the site plan did not match the approved conditional use plan. The structure design, the parking, and the landscaping were all different than what was shown on the original. She told Mr. Tamura to submit revised plans that match what had actually been constructed on the site. He did submit a revised certificate of zoning compliance application on June 11th with an alternative compliance, proposed an 18 foot wide patio area and a bike rack, instead of the planter islands with a row of parking in front of the building. Mrs. Watters reviewed the revised plans in relation to the previously approved CUP site plan and found that they were Meridian City Council • June 24, 2008 Page 56 of 60 substantially different. So, she did call Mr. Tamura today and left him a message that he needed to apply for a conditional use modification, which in this case is, basically, a new Conditional Use Permit. So, we do have an outstanding Conditional Use Permit on that retail site with the amenity. Zaremba: Did it include the amenity? Canning: Well, we -- my understanding is that the amenity is proposed in a future phase, that's on the very most eastern boundary that we haven't seen yet. The phase that's being modified now -- or will need to be modified in this area and I believe that the amenity is waiting until we have this approval before the Planning and Zoning Commission. Tamura: Do you want me to speak to that? It's not part of this application, but I can kind of explain to you what happened. And I don't know if Sonya's seen -- what happened is we have done so many modifications to -- particularly to the retail, because -- because of the market we are constantly trying to shift and, you know, adjust to what's going on. What we have is a mid block development, so where all the retailers have wanted to go to Eagle Road, you know, for us to compete with that competition, you know, one is we are trying to do a nice project, but keep our rents more modest. The other thing is, you know, like you have suggested, you know, have a nicer project. So, I think that the quality of what we are doing has been good, but we still haven't been able to attract tenants. So, one of the things that we are doing is -- is -- since we have changed it so much that Anna wanted us to come back in -- well, the -- the CZC that I showed to Sonya had been revised again, so what I need to do is look at our modified CU, because we ran another modified CU and that approved drive -up windows for this comer and for this comer down here. Plus it showed the concept of what we were going to do in phase three and it also showed the amenity of the water feature and the landscaping in this kind focal area here. What we didn't do is that in this phase when we showed this strip retail, the only thing that our CZC showed was that we would have landscaping here, landscaping here, and then -- and, then, we'd have landscaping in this third phase. Well, unbeknownst to me is since we went by the CZC we put our landscaping here and we put our landscaping here, but we didn't put any landscaping in front of our building. Well, when we did the Hastings building it was similar, you know, it didn't have any landscaping in the front of our Hastings building, so I didn't know that it was a city requirement. Well, then, when Sonya came back and she said, well, you need to put a planter in here and so what I had proposed, since we -- you know, it's already asphalted and the sidewalks are in and it would be almost -- we would have to tear up our parking lot to try to get water to a planter in there, that we opted to go ahead and add an additional patio and bike rack, you know, plus we'd still do the water feature and the landscaping as a focal point here, just to break up the parking that was in front of this little retail building that's existing. So, it's kind of a separate issue above and beyond -- what I need to do is look at what we did because we have modified this conditional use again, so we wouldn't have to come before, you know, the Commission and Council, because we have been here so often and that we are hoping that we could paint a big enough picture that the Planning and Zoning would have some flexibility Meridian City Council June 24, 2008 Page 57 of 60 staff -wise that they could just waive it on through without us, you know, constantly coming back. But that's something we can just kind of -- you know, I'll address that with staff this week and see what we can get figured out. But that's kind of above and beyond this vacation. So, what we are doing tonight is just to vacate the utility easement. Zaremba: But you knew that I would ask this question every time you came -- Tamura: Oh, yeah. Zaremba: I'm glad to hear that it is identified and planned for and -- that's a big step forward. Tamura: Yeah. So, our goal this summer is to work on, you know, getting, you know, three or four little office buildings built. You know, the retail market right now is very difficult and we have some interest on our -- on this front area that we are potentially are going to have to come back in to Planning and Zoning again, but at this point we don't have anything signed, so -- De Weerd: Thank you. Tamura: Thank you. Thanks for your time. Zaremba: Madam Mayor? De Weerd: Okay. Council? Yes. Zaremba: I move we close the Public Hearing on VAC 08-005. Bird: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move we approve VAC 08-005, to include all staff comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 12. If there is no discussion, Madam Clerk, will you call roll. +41 tg Meridian City Council June 24, 2008 Page 58 of 60 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Continued Public Hearing from June 17, 2008: Covered Load Item 14: Ordinance No. 08-1369 Covered Load Ordinance (2nd of 3 Readings): De Weerd: Okay. Item 13 is a continue Public Hearing on covered load ordinance. Madam Clerk, will you, please, read this ordinance by title only. Holman: City of Meridian Ordinance No. 08-1369, an ordinance of the City of Meridian adding a new section, Section 13, to Title 7, Chapter 1, Meridian City Code, prohibiting uncovered loads and providing an effective date. De Weerd: Okay. You have heard this -- it's the second of three readings. Council? It's scheduled next week for the third reading, unless you want to pass it tonight with suspension of rules. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, since you have noticed it as the second reading and not a third, I wouldn't recommend you suspend the rules at this point. De Weerd: Okay. We will have it on agenda next week for the third reading. Item 15: Ordinance No. 2008 National Electric Code Amendment: De Weerd: Okay. Item 15 was requested to vacate to July 8th. I would need a motion to do so. Rountree: So moved. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a second to vacate this item to July 8th. All those in favor say aye. All ayes. Motion carried. y Council Meridian CitO June 24, 2008 Page 59 of 60 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Ordinance No. Citizen's Use Permitting Process Regarding Insurance Policy Requirement: De Weerd: Item 16 is Ordinance 08-1371. I'll ask the clerk to, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1371, an ordinance of the City of Meridian amending Title 3, Chapter 4, Meridian City Code, relating insurance policy requirements of the Meridian Citizens Use Permitting process, providing for a waiver of the reading rules and providing an effective date. De Weerd: Okay. You have heard this read by title only. Since no one's in our audience to ask if anyone would like to hear it read in its entirety, it seems moot. Council? Bird: Madam Mayor? De Weerd: Yes. Bird: I move we approve Ordinance 08-1371, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve this ordinance, Item 16. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Executive Session per Idaho State Code 67-2345(1)(d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code) & (f) — (to consider and advise its legal representatives in pending litigation) & ®) To engage in communications with a representative of the public agency's risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. The mere presence of a representative of the public agency's risk manager or insurance provider at an executive session does not satisfy this requirement. De Weerd: Item 17 is an Executive Session. Do I have a motion? Bird: Madam Mayor? #1 A U1,111 i t 14 IN t Meridian City Council June 24, 2008 Page 60 of 60 De Weerd: Yes. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d)(f)Q). Rountree: Second. De Weerd: Okay. I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: De Weerd: I need a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Move to adjourn. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:57 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR T49MY De WEERD DATE APPROVED 00%%ju1tHfill, 'r OF ATTEST: OC� 9y JAYCEtJ L. HOLMAI�lf CI CLERK SEAL CP • June 20, 2008 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of June 10, 2008 City Council Special Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS } �f June 20, 2008 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT ITEM NO. 5-B REQUEST Sanitary Sewer and Water Main Easement Agreement for Kennedy Commercial Subdivision by DBSI Meridian 1-84, LLC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See affached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become properly of the City of Meridian. � f 1gg a It I b � a yk w k § 3 )1 � 3 i S� r i. yfig g s f M e fi � f 1gg a It I b � a yk w k § 3 )1 3 i S� r ADA COUNTY RECORDER J. DANAVARRO AMOUNT .00 6 BOISE IDAHO 015108 04:33 P� DEPUTY Ilea Irby RECORDED -REQUEST OF ill IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Meridian City 108080548 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of20C2between DBSI Meridian I-84 LLC, an Idaho Limited Liability Company, DBSI 200 Land Opportunity Fund LLC, Member and DBSI Land Development LLC, its Manager, 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 an 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, its 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 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 GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement Meridian Water and Sewer Easement.doc 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 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 of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Douglas L. Swe an er STATE OF IDAHO ) ) ss County of Ada ) On this 7 day of 20Z before me, the undersigned, a Notary Public in and for said State, person lly appeared Douglas L. Swenson, known or identified to me to be the Manager, respectively, of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have and year fist abgWO.Mitten. (-'- •••-7jj dO moi► ►•off fid► �i�tlsnd rV 00- Sanitary Sewer and 1 Sewer Easement.doc set my hand and affixed my official seal the day at: �J ion xpires: lar Meridian Water and 11"1 ; � d � � , 1 1 �Et i . ' :i IIHINHU fi s ! 3"+' 2b is 4 i fr Y 4 4ig r 3 t { �• `. �, 'i y. t S $ T�.. +$ ' fj .. 5 ...lt, .: k ,t .. ;�; 3._ 4. £.; .�� it i•;T. GRANTEE: CITY OF MERIDIAN Tammy de Weerd, 11W OF 04 o- SEAL Attest by JQjcee Holman, City Clerk ?' or st, Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this 2-inin - day of .1 Lrllt , 20� before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •*sense** so '•, . (SEAL) ■ i E -f • ,mss Pt ■ � r b Sanitary Sewer and Water Main Easement Sewer Easement.doc -L OTARY PUBLIC FOR IDAHO Residing at: Commission Expires: t b -i t -t 1 Meridian Water and TOOTS MAN-ORTON ENGINEERING COMPANY COMSMnM EN{➢INBERS. SURVEYORS AND PLANNERS PROJECT: 07041 DA'T'E: April 22, 2008 PAGE: 1 of 2 9777 CHINDEN BOULEVARD BOISE, IDAHO 837142008 208-323-2288 • FAX 208-323-2399 boiw@toengrco.com Exhibit "A" PUBLIC UTILITIES EASEMENT DESCRIPTION A parcel of land situated in Lot 2 through Lot 10 of the Proposed Kennedy Commercial Center Subdivision lying in the SEI/4 of the SWI/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Section 13; thence, along the southerly line of said Section, A.) S.89007'22"W.,1327.84 feet to the West 1/16 corner of said Section 13; thence, B) N.00.31'50 -E., 48.00 feet; thence, along the westerly line of said SE I A of the SWI/4, also being the westerly line of said proposed subdivision, C.) N.00°31'50"E., 417.00 feet to the POINT OF BEGINNING, thence, continuing, 1.) N.00°31'50"8., 20.00 feet; thence, along a line parallel with and 10.00 feet northerly of the southerly line of said proposed Lot 10 and Lot 9, 2.) S.89°OT53"E., 673.67 feet-, thence, 3.) S.00025'3 TV., 20.00 feet; thence, along a line parallel with and 10.00 feet southerly of the northerly line of said proposed Lot 8, 4.) N.89°07'53"W., 316.61 feet; thence, along a line parallel with and 10.00 feet easterly of the westerly line of said proposed Lot 8, 5.) 5.00°26'33"W., 186.01 feet; thence, along a line parallel with and 15.00 feet northerly of the southerly line of said proposed Lot 8, 6.) 5.890OT53"E., 316.67 feet; thence, 7.) 5.00025'32"W., 30.00 feet; thence, along a line parallel with and 15.00 feet southerly of the northerly line of said proposed Lots 2, 3, 4 and 5, Ib0704I1WPfileslSURVMAExh A-PLIEM.doc BOISE • COEUR d'ALENE • CALDWELL Pam 4 11RI � t1[lX11 aV 0 0 TOOTHMAN-OKrON FNGINEMING COMPANY PROJECT: 07041 DATE: April 22, 2008 PAGE: 2 of 2 8.) N.89°07'53 "W., 520.55 feet; thence, 9.) N.01°08`24"E., 30.00 feet; thence, along aline parallel with and 15.00 feet northerly of the southerly line of said proposed Lot 6, 10.) 5.89°07'53"E.,183.51 feet; thence, along a line parallel with and 10.00 feet westerly of the easterly line of said proposed Lot 6, 11.) N.0002633"E., 186.01 feet; thence, along a line parallel with and 10.00 feet southerly of the northerly line of said proposed Lot 6, 12.) N.89007'53"W., 337.10 feet to the POINT OF BEGINNING. CONTAINING: 0.75 Acres more or less SUBJECT TO all Covenants. Rights, Rights -of -Way, Easements of Record, Liens, Mortgages, and all other encumbrances. EXHIBIT `°B" attached, and by this reference, made a part hereof. HA07041\WPfi1es\SURYEY\Exh A-PUEase.doc ti SOOr3029*W 585.98' _ _ � ti t0 o S men ij f .r men tn IN Cd 1 i � a: �a N , n N O I O ne qom i 1 31 9 Mcg w � F � � •�� O O � N � O O W+on I 1 gn W o ?^ O C City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 6/19/2008 Re: Proposed Agenda Items for 6/24/08 City Council Meeting JUN 'i � 2006, (L;iiy Of°list.ridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 6/24/08 City Council agenda, on the Consent Agenda, for Council's consideration: t If Sanitary Sewer and Water Main Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC and authorize the Mayor to sign and City Clerk to attest 3) Water Main Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 �' ` ' 'i} ilk:' 7 = S.` t�-•. s � , � E yt�� , y , �'q y t� �a. 4 § h S t i g � #.. ' :"s i'..ii t � ;r .F �: � + � {i `fi S 4 ��M1 e � ,`: '3 •i } � ��' �t �,� 1 � � -... f �- '. �� $..t 0 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between DBSI Meridian I-84 LLC, an Idaho Limited Liability Company, DBSI 2006 Land Opportunity Fund LLC, Member and DBSI Land Development LLC, its Manager, 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 an 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 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 GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement Sewer Easement.doc Meridian Water and t 1 6 s r 0 • 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 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 of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Douglas L. Swenswk,4rankgrer STATE OF IDAHO ) ss County of Ada ) On this I day of . 20-Qj� before me, the undersigned, a Notary Public in and for said State, personally appeared Douglas L. Swenson, known or identified to me to be the Manager, respectively, of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have he eunto set my hand and affixed my official seal the day and year fist AagggUitten. �� f o�aat dO .4'� d► �11snd d dgvyo�'•.•a�, • Sanitary Sewer and Sewer Easement.doc at: 0�u ion xpires: tiar Meridian Water and A figg. j A t t 0 • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By. City Council On: STATE OF IDAHO, ) : ss. County of Ada ) On this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Sanitary Sewer and Water Main Easement Sewer Easement.doc NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Meridian Water and I's i A AV d' t { s ,Y ro 'F '3 �t >t NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Meridian Water and I's i A AV d' t { 1 2 i': 9 • TOOTHMAN•ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS PROJECT: 07041 DATE: April 22, 2008 PAGE: I of 2 9777 CHINOEN BOULEVARD BOISE, IDAHO 83714-2008 208.323-2288 • FAX 208-323-2399 boise@toengrco.com Exhibit "A" PUBLIC UTILITIES EASEMENT DESCRIPTION A parcel of land situated in Lot 2 through Lot 10 of the Proposed Kennedy Commercial Center Subdivision lying in the SE 114 of the SWI/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Section 13; thence, along the southerly line of said Section, A.) S.89007'22"W., 1327.84 feet to the West 1/16 corner of said Section 13; thence, B.) N.00°31'50"E., 48.00 feet; thence, along the westerly line of said SE1A of the SW 1/4, also being the westerly line of said proposed subdivision, C.) N.00-3 1'50"E., 417.00 feet to the POINT OF BEGINNING, thence, continuing, 1.) N-0003 1'50"E., 20.00 feet; thence, along a line parallel with and 10.00 feet northerly of the southerly line of said proposed Lot 10 and Lot 9, 2.) S.89°07'53"E., 673.67 feet; thence, 3.) S.00025'32"W., 20.00 feet; thence, along a line parallel with and 10.00 feet southerly of the northerly line of said proposed Lot 8, 4.) N.89°07'53 "W., 316.61 feet; thence, along a line parallel with and 10.00 feet easterly of the westerly line of said proposed Lot 8, 5.) S.00°26'33"W., 186.01 feet; thence, along a line parallel with and 15.00 feet northerly of the southerly line of said proposed Lot 8, 6.) S.8900753"E., 316.67 feet; thence, 7.) S.00°25'32"W., 30.00 feet; thence, along a line parallel with and 15.00 feet southerly of the northerly line of said proposed Lots 2, 3, 4 and 5, I4:u1704 BW1'files%L1RVErErh A-PUEase.doc BOISE • COEUR WALENE • CALDVVELL 4' '..r1• TOOTIIMAN-ORTON ENGINEERING COMPANY PROJECT: 07041 DATE: April 22, 2008 PAGE: 2 of 2 8.) N.89°0753"W., 520.55 feet; thence, 9.) N.01°08'24"E., 30.00 feet; thence, along a line parallel with and 15.00 feet northerly nf the southerly line of said proposed Lot 6. 10.) S.89°07'53"E.,183.51 feet; thence, along a line parallel with and 10.00 feet westerly of the easterly line of said proposed Lot 6, 11.) N.00-26'33 "E., 186.01 feet; thence, along a line parallel with and 10.00 feet southerly of the northerly line of said proposed Lot 6, 12.) N.89007'53 "W., 337.10 feet to the POINT OF BEGINNING. CONTAINING: 0.75 Acres more or less SUBJECT TO all Covenants, Rights, Rights -of -Way, Easements of Record, Liens. Mortgages, and all other encumbrances. EXHIBIT "B" attached, and by this reference, made a part hereof. HA07041kWPfi1&SURVEY` Al A-PUE-nc.doc 0 a 0'29'0°rn S00'34Y 58 _ �2 V Z g N y 3 meq_ —_ 5.98' z j t i r ``3 �QV�Q�I/awrVw��,:jl� p Wtir-1I�jiI11I 1 ;'' iIifi ! O^,� �1IiiiI; g,j , __b M ,98O'ti6i►� .jZRNt0 Oaxao �ZW a �Ca-o> O .oad L09z >� lip 0 N UN o No wZ_Z 00 H z� woa�"1w M Z£,SZ.OS 3Md7S OMI 4 ., 47i I N m +C4 i O ti 1 P4 P t ~ ci 05 LO'99l t ao M.i'r.47.AdS '� I. 1 f ap 1" O 1 N $ 1 Q n$ .00 -Oz ir I ol O .z Z o LLJ Ln O R v�i?s4i��4 �Ln V�cb�. ZWyQ a no Hoan, m�� % Steal. 2 ti;� lz 1 (,j Iii E June 20, 2008 • MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT ITEM NO. 5-C REQUEST Sanitary Sewer Easement Agreement for Kennedy Commercial Subdivision by DBSI Meridian 1-84, LLC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached �I. I tl All ..,i � c • .< � •.: i ' �' ¢§, � [. � ,' a � ;{ . �. �. ? #5 � � a ,•.Y` d ':� i ��. , c � � � � � � i ��. a i ?➢ �, ® ADA COUNTY RECORDER J. DAVID ILVARRO AMOUNT .00 I BOISE IDAHO 07/15/08 04:33 PM IrbyDEPUTY Usa IreI!I II II II II II I I III II I I II II I I !I III RECORDED -REQUEST OF 108050943 Meridian City SANITARY SEWER EASEMENT L4, THIS INDENTURE, made this day of 2&between N RVj '- e parties of the first part, and hereinafter calle he 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 right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline 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 an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line 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 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 GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area. Sewer Main Easement easmt.swr mainA 1 1 r t; o -a EAi, ., 1L zCC rl , R; It � i described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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 fiufiher 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 of the first part have hereunto subscribed their signatures the day and year first herein above written. In : s SMI 91 --4 Secretary STATE OF IDAHO ) ) ss County of Ada ) On this day o2{)O, before me, the undersigned, a Notary Public in and for said State, personally appeared eZ)o"/& r L- .jii.��nro� }— and ---- , known or identifiedAo- me to beand Seeretary, respectively, of the corporation that executed the within n and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day bast@ and year fist��bt?�►, CA. (SEAL); „, Sewer Main Easement NOTARVPUBLI OR I>Ii0 Residing at: Commission xpires: easmt.swr main.doc Pasha C 4 1U1 , 1 x661. i 3..� � s �. _ , : a':. s111if 1Y"Im 0 GRANTEE: CITY OF MERIDIAN 1 ammy de W eerd, Attest by Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) 0 On this z'I '' day of =une_ , 20� before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. GRED, (SEAL) •�o'tAR�•�� NOTARY PUBLIC FOR IDAHO 44, Residing at: Cg irk V t t R • ■ Commission Expires: t6 --t 1-1 j iA5 V.�• Sewer Main Easement easmt.swr main.doc PaV3 ss R 14 Ali g a i{ iEF a. aa y; a t T [[ 0 0 TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS Project No: 07041 Date: May 29, 2008 Page: 1 of 1 9777 CHINDEN BOULEVARD BOISE, IDAHO 837142008 208-323-2288 • FAX 208-323-2399 boiseGtoengrco.com EXHIBIT "A" City of Meridian — Sewer Easement A strip of land situated in the Southeast Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Quarter corner common to Sections 13 and 24 of Township 3 North, Range 1 West, Boise Meridian, from which the center of said Section 13 bears, N.00°30'29"E., 2666.31 feet; thence, along the north/south centerline of said Section 13, A) N.00°30'29"E., 1084.29 feet to the POINT OF BEGINNING; thence, along said centerline, 1) S.00°30'29"W., 25.00 feet; thence, leaving said centerline, 2) N.89°34'29"W., 565.31 feet; thence, 3) S.47°14'19"W., 27.31 feet; thence, 4) N.64°26'00"W., 44.00 feet; thence, 5) N.89°34'29"W., 702.35 feet to the west line of the Southeast Quarter of the Southwest Quarter of said Section 13; thence, along said west line, 6) N.00°31'50" E., 25.00 feet; thence, leaving said west line, 7) S.89034'29"E., 1327.39 feet to the POINT OF BEGINNING. CONTAINING: 33,743 square feet, more or less. SUBJECT TO: All Rights, Rights -of -Way and any Easements of Record. See Exhibit `B", which by reference is herby made a part of this description. H:\07041\WPfiles\SURVEY\ExhA Sewer Esmtdoc BOISE - COEUR d'ALENE • CALDWELL PWA -AE. llti � Z Q Z W g O ON Z�m= W W � F- a LLI , V)V ` h I (n ', / W e— Z 0 W F'- CA ItsNN OZO {.L UJ Q 30. Wr V) N of Q O El WZ mir LLI ~ate �a H Z 8 u- m O Enw W Z W Z)oc3 F- F- V) r JC -999Z 3d6Z.0£.00N It N N 6ZIPSO L 3.6Z,0£.00N WoIro Z �_ � I ,$ vV 1 mo O ylll R,' 1 w 09 oz o o°Do t0 CL O] d N Z Z � UI N y � I �o O C,',4 i a N 0_ I. m i y Ol m O D w �? 00 VN N I d m z c 1 5 w W= V Goo w ' Z U z o z W LL.H w c► o_ v ° ° ' ti I 1 W v \ 1 g 0 U 1 0 ' z M.Z£,SZAOS $"o V to O oZ a r �Z 5 1 1 ti W N N N 1. yN �� J Lrn dh oei Z N O Ip I'v C a W9 O*� yM 0U) z M N M i. �Go m 0 too IZ tn(AZz Iz v I J _—j J J J ' I 1 II I I I 1 £9'BLOL 3„OS.L£.00N ��VV Naa Z O W (n O ppp0pp0 CA tioA��� JC -999Z 3d6Z.0£.00N It N N 6ZIPSO L 3.6Z,0£.00N WoIro Z �_ � I ,$ vV 1 mo O ylll R,' 1 w 09 oz o o°Do t0 CL O] d N Z Z � UI N y � I �o O C,',4 i a N 0_ I. m i y Ol m O D w �? 00 VN N I d m z c 1 5 w W= V Goo w ' Z U z o z W LL.H w c► o_ v ° ° ' ti I 1 W v \ 1 g 0 U 1 0 ' z M.Z£,SZAOS $"o V to O oZ a r �Z 5 1 1 ti W N N N 1. yN �� J Lrn dh oei Z N O Ip I'v C a W9 O*� yM 0U) z M N M i. �Go m 0 too IZ tn(AZz Iz v I J _—j J J J ' I 1 II I I I 1 £9'BLOL 3„OS.L£.00N ��VV Naa { s i a5 I Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 6/19/2008 Re: Proposed Agenda Items for 6/24/08 City Council Meeting City of Meridian Public Works Dept. IL JUN i�11 mitt', q ��' 1Vieriai Y clerk Oplee The Public Works Department respectfully requests that the following items be placed on the 6/24/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC and authorize the Mayor to sign and City Clerk to attest. Sanitary Sewer Easement for Kennedy Commercial Subd by DBSI Meridian 184 LLC. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC and authorize the Mayor to sign and City Clerk to attest 3) Water Main Easement for Kennedy Commercial Subd by DBSI Meridian 184 LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 0 SANITARY SEWER EASEMENT THIS INDENTURE, made this day of , 20 between h� �' T. mE i illl�(1 ttie 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 right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline 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 an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line 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 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 GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement' easmt.swr main.doc • 0 described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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 of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: --AA _ Secretary STATE OF IDAHO ) ) ss County of Ada ) On this day of200rbefore me, the undersigned, a Notary Public in and for said State, personally appeared14- Z- ,rc..�•,tU }-- and known or identified4o- me to be and Seeretary, respectively, of the corporation that executed the within n , and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist� (SEAL)= O� ar ♦` C NOTAR UBLI ORI HO y40v Residing at:_ 10 �• •. ,0.0�4.••• Commission xpires: .�'••. sTA TE ���gn■■aas�a Sewer Main Easement easmt.swr main.doc .- GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 20—, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sewer Main Easement easmt.swr main.doc S it a; s Fs easmt.swr main.doc TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS Project No: 07041 Date: May 29, 2008 Page: 1 of 1 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 • FAX 208-323-2399 boise@toengrco.com EXHIBIT "A" City of Meridian — Sewer Easement A strip of land situated in the Southeast Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Quarter corner common to Sections 13 and 24 of Township 3 North, Range 1 West, Boise Meridian, from which the center of said Section 13 bears, N.00°30'29"E., 2666.31 feet; thence, along the north/south centerline of said Section 13, A) N.00°30'29"E., 1084.29 feet to the POINT OF BEGINNING; thence, along said centerline, 1) S.00030'29"W., 25.00 feet; thence, leaving said centerline, 2) N.89034'29"W., 565.31 feet; thence, 3) S.47 -14'19"W., 27.31 feet; thence, 4) N.64026'00"W., 44.00 feet; thence, 5) N.89034'29"W., 702.35 feet to the west line of the Southeast Quarter of the Southwest Quarter of said Section 13; thence, along said west line, 6) N.00°31'50" E., 25.00 feet; thence, leaving said west line, 7) S.89°34'29"E., 1327.39 feet to the POINT OF BEGINNING. CONTAINING: 33,743 square feet, more or less. SUBJECT TO: All Rights, Rights -of -Way and any Easements of Record. See Exhibit `B", which by reference is herby made a part of this description. H:1070411WPfiIcs\SURVEY1ExhA-Sewer Esmt.doc BOISE • COEUR d'ALENE • CALDWELL z Q W LL LJ o to Z0 �10�o LLJ r W L/J/J� v` W Z ~W0 IL-ZU S �CkfQ W� VI w Of w o a mwZof �Lij M g m Z = LJ, No W Z w?�oU to K'j O d* 0 v O �p..��.. 6Z'ti90L M 3.6Z,O£AON � Q 1 W z M.Z£,SZ.00S J O N W --- � ---Y---- N 1 w i 10 1 JT -999Z 3.6Z,0£.00N v 0-00 O �p..��.. 6Z'ti90L N 3.6Z,O£AON � Q 1 W z M.Z£,SZ.00S J 10 N W --- � ---Y---- N 1 Ir Om W U N 1 1 M Orn W�a0 m o 1 do IX a5z � cn I Cl 0 N V\I ►� w 1 � 1 Z m 1� N N a � �1 In O p F -- w in 1 it O a w w Z > 1 N a V� m J I a ino (3) ZN N I gPON o a 00 M e; C) as .pN °B wV)!� q: O w m 9 ir0 0 7 N 15 Ul N , I i M pp . O6 I i Z o ,tzN g wU W �O = Z ZF= w m a �-� 0 v 0-00 O i N 1 Q 1 W z M.Z£,SZ.00S J N N W --- � ---Y---- N 1 Ir Om W U N 1 1 M Orn W�a0 m o 1 do IX a5z Z_ cn o a- 10 w O N 1 z 0� rn N O N M Go Z W Em f W r I 1� n I� IN IO Q 00 IZ 1 I 1 1 I 1 1 ,£9'SGOL 3.OS,L£.00N � � 0-00 O M O ZLof- -'Lo J N N 1- N Orn m o 0 R Z_ N-0 10 w O(O r rn N m O 0.0- ;q- q-O�F to O (n W Z Z W Z _ J J J J -� I 1� n I� IN IO Q 00 IZ 1 I 1 1 I 1 1 ,£9'SGOL 3.OS,L£.00N � • June 20, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Water Main Easement by DBSI Meridian 1-84, LLC June 24, 2008 for Kenn ITEM NO. S -D Commercial Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUM'Y RECORDER J. DUO NAVARRU AMUM .w BOISE IDAHO 07115M (14:1VII 1i ff 11 DEPUTY Usa Irbil RECORDED—REQUEST OF 100050 Meridian CIV WATER MAIN EASEMENT q't THIS INDENTURE, made this dayo 20 between Z �`( kX � e parties of the first part, and hereinafter called the Grant rs, 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 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 Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT 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 GRANTORS hereby covenant and agree that they 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 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. Water Main Easement easmt wtr main.doc 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 of the first part have hereunto subscribed their signatures the day and year fust herein above written. GRANTOR: il 44esident jw� -41'q Secretary STATE OF IDAHO ) ) ss County of Ada ) On this day ofc %.nom- 00 before me, the undersigned, a Notary Public in and for said State, personally appeared a, - and known or identified to me to bend'�, respectively, of the corporation that executed the within instrument, a a mow ged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NG GE S o%�►�r « M,• co« PU'00 o i �►�i Water Main Easement Residing at ( Commission easmt wtr main.doc Y iF s r t f i £ F Residing at ( Commission easmt wtr main.doc • GRANTEE: CITY OF MERIDIAN • ` uir►rr►►r ,, Tammy de Weed, Ma Attest by Jaffe Holman, City Approved By City Council On: 4. - ., STATE OF IDAHO, ss. County of Ada ) L�, "j - On this Z l day of TuaN - , 20 before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fust above written. i ;'�`ZA� •� i (SEAL); Fl;',�� : NOTARY PUBLIC FOR IDAHO Residingat:�(©� • Commission Expires: to -1 i-( SG %- '52_ ,PCTBU . Water Main Easement easmt wtr main.doc v... . -� of 0 0 TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AM PLANNERS Project No: 07041 Date: May 29, 2008 Page: 1 of 1 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 • FAX 208-323-2399 boise@toengrco.com EXHIBIT "A" City of Meridian - Water Easement A strip of land situated in the Southeast Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Quarter corner common to Sections 13 and 24 of Township 3 North, Range 1 West, Boise Meridian, from which the center of said Section 13 bears, N.00130'29"E., 2666.31 feet; thence, along the north/south centerline of said Section 13, A) N.00°30'29"E., 608.31 feet; thence, leaving said centerline, B) N.89°40'57"W., 251.54 feet to the POINT OF BEGINNING; thence, 1) S.45°00'00"E., 65.12 feet; thence, 2) S.00000'00"W., 28.54 feet; thence, 3) N.90°00'00"W., 20.00 feet; thence, 4) N.00000'00"E., 20.25 feet; thence, 5) N.45°00'00"W., 48.61 feet; thence, 6) N.89°40'ST'W., 256.87 feet; thence, 7) S.45°19'03"W., 21.88 feet to the beginning of a non -tangent curve; thence, 8) Northeasterly along said curve to the left, having a radius of 79.50 feet, an arc length of 36.81 feet, through a central angle of 26°31'36", of which the long chord bears N.13°49'47"E., 36.48 feet; thence, along a line non -tangent from said curve, 9) S.89040'57"E., 207.70 feet; thence, 10) N.00° 19' 03 "E., 5.00 feet; thence, 11) S.89040'57"E., 20.00 feet; thence, 12) S.00°19'30"W., 5.00 feet; thence, 13) S.89°40'57"E., 44.34 feet to the POINT OF BEGE%V0 CONTAINING: 7,171 square feet, more or less. SUBJECT TO: All Rights, Rights -of --Way and any Easements of Record. See Exhibit `B", which by reference is herby made a part of this description. H:\07041\WPfiles\SURVEY\ExhA-Water Esmt.doe BOISE - COEUR d'ALENE - CALDWELL ON F- -4- LrLJ r - o LLJ Wcn3 (n wz ~ wo Lt_ Z U W OlyC) Q i WW Q cn O p WZ M (X mZ=O 0 N = z W W ti D~ cn Ki Z 0- z O a m 0 Z Z) O 1o1 U N 0 Z O WA z O F- U W M. t£,GZ.00S .£S•986 00 71 0 N 0 to M 0 z Z W O g a W O Q W W I l£'999Z 3„6Z,0£.00N OUNEn1 w N a Civ o z z J o 0 LLIo W 0 Z a ON F- -4- LrLJ r - o LLJ Wcn3 (n wz ~ wo Lt_ Z U W OlyC) Q i WW Q cn O p WZ M (X mZ=O 0 N = z W W ti D~ cn Ki Z 0- z O a m 0 Z Z) O 1o1 U N 0 Z O WA z O F- U W M. t£,GZ.00S .£S•986 00 71 0 N 0 to M 0 z Z W O g a W O Q W W I l£'999Z 3„6Z,0£.00N OUNEn1 w N mW� Z1 0 pp MW �� m N I YN O Z h U o Z }} J l z z°°z �LLI Wo a S)> 1 w�V M� n ow o00 � Z w l` LLI I :2W a��m,z Leo &" nZ I W SAN 9 4mrni j 3 U (n O O N ZN 7, m Z a. 0 U O .Z v Y ZZppV�ppf I z I d W 1 D a- a. 0 Z N O N = I W NQ Y W "NN i C, l' N N I 0Z N =1111S EL� �� , I tJ z J J J J J O � � I ,6ti'6Z9 I I� V WNN 0 z4 i ti r M h N o a 000 W � N FZi O cn w08• 0 a�N � �N�N� M O m C4 A M I cno�A a: N 2 U Z s' 0 E w G; I I I ! l ! ,991,6* M.ZC.si.00S 3„ i£.SZ.00N 1 L _ — — 0)9. NOISW(]BnS 831N30 WOORY103 kC]3NN3)1 I I QIA L N0019 '6 101 03SOd08d I I °°Od, pp 2 Mm2Wgr�8$go n h o bbgb-bgbghb ZN � ZZppV�ppf d g M O N CO W "NN l� l' N N N N =1111S tJ z J J J J J O I I I ! l ! ,991,6* M.ZC.si.00S 3„ i£.SZ.00N 1 L _ — — 0)9. NOISW(]BnS 831N30 WOORY103 kC]3NN3)1 I I QIA L N0019 '6 101 03SOd08d I I °°Od, Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 6/19/2008 Re: Proposed Agenda Items for 6/24/08 City Council Meeting City of Meridian Public Works Dept. JUN d S 2008 toy Of iviandian Ci'q Clerk Office The Public Works Department respectfully requests that the following items be placed on the 6/24/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC and authorize the Mayor to sign and City Clerk to attest Water Main Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Kennedy Commercial Subd by DBSI Meridian 1-84 LLC and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. 9 Page 1 WATER MAIN EASEMENT 2 - THIS INDENTURE, made this — day of , 20 between 1 ' �',,Ik 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 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 Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a v,ater main over and across the following described property: (SEE ATTACHED EXHIBIT 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 GRANTORS hereby covenant and agree that they 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 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. Water Main Easement easmt wtr main.doc 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 of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Secretary STATE OF IDAHO ) ) ss County of Ada ) On this day ofl Ln i-, Odt before me, the undersigned, a Notary Public in and for said State, personally appeared &- r Z. fFmj.— and known or identified to me to he (&' nd'Seereta y, respectively, of the corporation that executed the within instrument a ac snow ged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Water Main Easement OTARY BL ID O Residing at Commission Ex fires: easmt wtr main.doc 111 1 1; M41 It l ' I i 111i a,_Qi'IE4411t :J x1 111FL'€ <ll I'l . J� f iI:: tip#o :,, ': 1, • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement easmt wtr main.doc A � Vq t i }jt t Project No: 07041 Date: May 29, 2008 Page: 1 of 1 • 0 TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINOEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 • FAX 208-323-2399 boist@toengrco.com EXHIBIT "A" City of Meridian - Water Easement A strip of land situated in the Southeast Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Quarter corner common to Sections 13 and 24 of Township 3 North, Range 1 West, Boise Meridian, from which the center of said Section 13 bears, N.00030'29"E., 2666.31 feet; thence, along the north/south centerline of said Section 13, A) N.00°30'29"E., 608.31 feet; thence, leaving said centerline, B) N.89040'57"W., 251.54 feet to the POINT OF BEGINNING; thence, 1) S.45°00'00"E., 65.12 feet; thence, 2) S.00000'00"W., 28.54 feet; thence, 3) N.90°00'00"W., 20.00 feet; thence, 4) N.00°00'00"E., 20.25 feet; thence, 5) N.45°00'00"W., 48.61 feet; thence, 6) N.89°40'57"W., 256.87 feet; thence, 7) S.45°19'03"W., 21.88 feet to the beginning of a non -tangent curve; thence, 8) Northeasterly along said curve to the left, having a radius of 79.50 feet, an arc length of 36.81 feet, through a central angle of 26°31'36", of which the long chord bears N.13049'47"E., 36.48 feet; thence, along a line non -tangent from said curve, 9) S.89°40'57"E., 207.70 feet; thence, 10) N.000 19' 03"E., 5.00 feet; thence, 11) S.89°40'57"E., 20.00 feet; thence, 12) S.00°19'30"W., 5.00 feet; thence, 13) S.89°40'57 E., 44.34 feet to the POINT OF BEGINNIN CONTAINING: 7, 171 square feet, more or less. SUBJECT TO: All Rights, Rights -of --Way and any Easements of Record. See Exhibit `B", which by reference is herby made a part of this description. H:107041\WPfiles\SURVEYXExhA-Water Esmt.doc BOISE • COEUR d'ALENE • CALDWELL w 00 �00 r Y ?2 �h m Z Ld a l Ln a V U '- O Q p 0 w Ln W O d O M a. LL- LLI 0 N z Y W F-" o WV) V) Li.l Z = 0 �W0 LL_ 0 U Q Ld af z I Ln 0 0 Z — m�M LLI Z = LL - 0 0 N xL� W ?oU Z a - z Z O Q 0: U N s Ln m z z 0 0 Z 0 U W U) 9 O Me L £,SZ.00S TO L£'999Z 3„6Z,O£.00N Now / Y O to iOn 55 LJ rn w I LLIl ? in Z Ld a l Ln co z -,c en � Z O L£'909 z In I O r O Z zit W k$ Q J — I I m Lo -1 W W W NU a N �� � In 0 J 00 Z W I W I Q I }0 N �� WN�Q g� Nc I� Z o Z �\�\/ 8l I I J�A A _j W �Ln��Z µ ir 1 2 I w 1 O M F- (L o�}< W�tC14aW I 1 F- 3 1 PIORPPIO O to U VI S it U; M 1 Z N 1 V C-4 N JO dU U N I nto do b W Y cv o 1 UIt J I o / NN ag a� it- l l W I '' � �A W z U) Y 0 00 'd N Y O to iOn 55 LJ rn w I LLIl ? in Z Ld a l Ln co z -,c en � Z O l�e7P00 O O In I O =M V O O a J W m W k$ Q J — O mt I Z I ppO p W W W NU a N �� h0 ^K 0 O W NM 00 Z W I W I Q I Jzdad 0 n WN�Q g� Nc I� o� Opppp 2LQ I W 0 0 d' A _j W �Ln��Z µ ir 1 2 I w 1 O M F- (L o�}< W�tC14aW I 1 F- 3 1 PIORPPIO O to U VI S it U; M 1 Z N 1 V C-4 N JO dU U N O.Z J y W Y O zJJJJ�JJ�OJf NN ag a� � W I O �A W U) S I LX I �n Na w I QZ Y I I to o LUO I I I M I— ,6V6Z9 I it0Mrn S ZNN "ad' g^N aoO in N Ln Li Om $ }D: W m cr O 00 I�N s `s 3 m ti Ln D O � Z (V chi Ld = p W U Lli �! zr- Z = ^O win a 3. L£,9Z.00N L — _ — � � I L ----- I I I I I I 9'b6tr M.&,SZ.00S -I- —I I I 9MV7 HbgL I H, 22,9 ---- i L- — — —• NOISIA108r1S 831N30 IVION3WW00 k03NN3>1 I I Ods L >10018 '6 10l 03SOdOMd I I O00� i I d C7i+f 2 O l�e7P00 O O P O O Oam O O O ppO p Wm bbjbb) b b nb J Opppp 2LQ 0 NN(nNN 0 0 d' A ZZZ µ O N 0 0 2 O PIORPPIO O 0 oad N 'd' N J zJJJJ�JJ�OJf NN O 3. L£,9Z.00N L — _ — � � I L ----- I I I I I I 9'b6tr M.&,SZ.00S -I- —I I I 9MV7 HbgL I H, 22,9 ---- i L- — — —• NOISIA108r1S 831N30 IVION3WW00 k03NN3>1 I I Ods L >10018 '6 10l 03SOdOMd I I O00� i I d r June 20, 2008 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT ITEM NO. S -E REQUEST Professional Services Contract with Delta James & Sage for Public Art Selection AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached F F 6 § r s x �3 su t ' tt � t 3 F �3 � t 3 3 �> k 41 • Page 1 of 1 e Nara Green From: Emily Kane Sent: Wednesday, June 18, 2008 6:08 PM To: Jaycee Holman; Tara Green Cc: Bill Nary; Keith Watts Subject: Contract for June 24 Council Consent Agenda Follow Up Flag: Follow up Flag Status: Green Attachments: Contract with Delta James $ Sage for Public Art Selection.pdf Hi. Please include this contract on the Council consent agenda for the Mayor's signature on June 24. 1 did not give Keith Watts very much time to review it so if there is any problem from his perspective he will pull it off— just let me know if that happens so I can revise and get it back on for another week. Thank you! Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fac: 208-884-8723 E-mail: kanee@meridiancity.org 6/20/2008 js e t II f 4 [ 7 s. • City of Meridian Meridian Arts Commission Public Art Coordination Services PROFESSIONAL SERVICES CONTRACT This PROFESSIONAL SERVICES CONTRACT is entered into this 18th day of June, 2008, by and between the City of Meridian, Idaho, whose address is 33 E. Idaho, Meridian, Idaho 83642, herein referred to as the "CITY" and Sage Community Resources dba IDA -ORE Planning and Development Association, whose address Is 125 E. 50th Street Garden City, Idaho 83714, herein referred to as the CONTRACTOR." Witnesseth: WHEREAS, the CITY has determined the need for services to provide coordination of a public art selection process by and for the Meridian Arts Commission; WHEREAS, the CONTRACTOR is specially trained, experienced, and competent to provide, and has agreed to provide, such services; WHEREAS, the CITY deslres to engage the CONTRACTOR to render certain services related to the above described Arts Commission; and WHEREAS, in order to assure effective management of the above project, it is deemed to be in the best interests of the CITY to enter into an agreement with the CONTRACTOR as hereinafter provided; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONTRACTOR and SCOPE OF WORK The CITY agrees to engage the CONTRACTOR to provide, and the CONTRACTOR agrees to provide, the services described in ATTACHMENT A — Scope of Work, which attachment is incorporated by reference as if set forth fully herein. CONTRACTOR shall provide services and work under this Contract consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. CONTRACTOR represents and warrants that she will perform her work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Contract and that are in effect at the time of performance of this Contract. 2. CONTRACTOR RELATIONSHIP In all matters pertaining to this Contract, CONTRACTOR shall be acting as an independent contractor. The contracting parties warrant by their signature that no employer-employee relationship Is established between the CONTRACTOR and the CITY by the terms of this contract. 3. NOTICES Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Contract, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: Sage Community Resources Page 1 of 5 • 0 City of Meridian Meridian Arts Commission Public Art Coordination Services City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Sage Community Resources 125 E. 50P Street Garden City, Idaho 83714 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 4. CONTRACTOR'S INSURANCE The CONTRACTOR warrants that It has obtained, and will maintain at its expense for the duration of this Contract, adequate statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance. 5. EFFECTIVE DATE AND TIME OF PERFORMANCE The services to be performed by the CONTRACTOR will be completed by the deadlines set forth in ATTACHMENT A — Scope of Work. This contract begins immediately upon execution and shall remain in effect until project completion. The CONTRACTOR agrees that services and work provided under this Contract will be performed in a timely manner. The parties hereto acknowledge and agree that time is strictly of the essence with respect to this Contract, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Contract by the parry so failing to perform. 6. PAYMENT CITY wiil pay CONTRACTOR for services rendered pursuant to this Contract in the total amount of $2,500.00, which payment shall be made pursuant to the following method: To receive payment for services rendered, the CONTRACTOR shall, on a monthly basis, mail to CITY an invoice itemizing services rendered during the previous month and stating the amount of payment requested for such services. 7. ENTIRE AGREEMENT This Contract contains the entire agreement between the parties, and this Contract supersedes any and all statements, promises, or inducements made by either parry, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. B. MODIFICATION OF CONTRACT Sage Community Resources Page 2 of 5 4 I ii33 lilt �. zt, k.: y y ff x i. a a i t 1 e 'k f wk City of Meridian Meridian Arts Commission Public Art Coordination Services This Contact may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 9. ASSIGNMENT OF RIGHTS AND DUTIES The CONTRACTOR may not sub -contract, assign, transfer, hypothecate or sell its rights (including the right to compensation) or duties arising hereunder without the prior express written consent of the CITY. Any subcontractor or assignee shall be bound by all the terms and conditions of this contract. 10. TERMINATION OF CONTRACT In the event of any termination of this Contract, all finished or unfinished documents, data, and reports prepared by the CONTRACTOR under this Contract shall, at the option of CITY, become its property, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. This Contract may be terminated as follows: a. Termination for convenience The CITY may terminate this Contract in whole, or in part, for the convenience of the CITY when both parties agree that the continuation of the project is not in the best interest of both parties and that further expenditure of funds will not produce satisfactory results. The parties shall agree in writing upon the conditions, effective date and fair and reasonable payment for services reasonably performed to the date of termination. b. Termination for cause If the CITY determines that the CONTRACTOR has failed to comply with the terms and conditions of this contract, violated any of the covenants, agreements, and/or stipulations of this Contract, falsified any record or document required to be prepared under this Contract, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Contract, the CITY may terminate this contract in whole, or in part, at any time, by giving notice, in writing, to the CONTRACTOR of any or ail deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults are not cured and corrected within the reasonable period as specified in the notice, the CITY may, with no further notice, declare this Contract to be terminated. The CONTRACTOR will thereafter be entitled to receive payment for those services reasonably performed to the date of termination, less the amount of reasonable damages suffered by the CITY by reason of the CONTRACTOR'S failure to comply with this Contract. Notwithstanding the above or any other provision of this Contract, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this Contract by CONTRACTOR, and CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due CITY from CONTRACTOR is determined. This provision shall survive the termination of this Contract and shall not relieve CONTRACTOR of her liability to CITY for damages. Sage Community Resources Page 3 of 5 i 0 City of Meridian Meridian Arts Commission Public Art Coordination Services 11. INDEMNIFICATION The CONTRACTOR waives any and all claims and recourse against the CITY including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or Incident to the CONTRACTOR'S performance of this contract except for liability arising out of the tortious conduct of the CITY or Its officers, agents or employees. Further, the CONTRACTOR will indemnify, hold harmless, and defend the CITY against any and all claims, demands, damages, costs, expenses or liability arising out of the CONTRACTOR'S performance of this contract except for liability arising out of the tortious conduct of the CITY or its officers, agents or employees. 12. DISCRIMINATION PROHIBITED In performing services pursuant to this Contract, the CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. CONSTRUCTION AND SEVERABILITY If any part of this Contract is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Contract so long as the remainder of the Contract is reasonably capable of completion. `I4. APPROVAL REQUIRED This Contract shall not become effective or binding until approved by CITY. IN WITNESS WHEREOF, the parties hereto have executed this contract on the L day of e_ —12008. SAGE COMMUNITY RESOURCES CITY OF MERIDIAN BY: L �r Kathleen A. Simko, President Attest: BY: Tammy de W&, Mayor o " $LAL -., g� r sir • � ,�; Attest: Sage Community Resources Page 4 of 5 City of Meridian Meridian Arts Commission Public Art Coordination Services ATTACHMENT A Scope of Work I. OBJECTIVE: Issue a Request for Qualifications (RFQ) to Invite public art proposals from artists in Idaho and contiguous states. DEADLINE: RFQ will be distributed in July, 2008. Deadline for application from interested artists will be late August, 2008. SERVICES: Draft RFQ document, work with Meridian Arts Commission to distribute RFQ, and collect applications from interested artists, 2. OBJECTIVE: Facilitate a community -engaged artist and artwork selection process. DEADLINE: Precise date(s) of selection committee meetings are to be determined, but the artist and artwork selection process will be complete by December 31, 2008, SERVICES: Convene and facilitate selection committee meetings to review RFQ responses and select 3-5 artists to invite to develop full proposals. Work with Meridian Arts Commission to gain public input Into public art proposal options. Convene and facilitate selection committee meetings to review public input and make final proposal selection. 3. OBJECTIVE: Coordinate fabrication and installation of public artwork. DEADLINE: Artwork will be installed by July 1, 2009. SERVICES: Provide draft contract to be used by CITY and selected artist. Communicate with selected artist during fabrication to ensure timeline is followed. Work with Meridian Arts Commission to coordinate installation of the work with artist and CITY. Sage Community Resources Page 5 of 5 June 20,2W8 Department Reports MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT Public Works Department ITEM NO. 6-A-1 REQUEST Budget Amendment for Lead WWTP Operator AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: COMMENTS See attached v Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. �v S � y ujtw, 0LLM Ltd 21-9 LL a CiF- N N O (p L = 0 m m C L j O O U p L V m m y"_' �O L T O) c m Q -.S a c.a $ m O c CDa 2 _ c. 2 0 cc Q C 8 m O c U 0 i C Of /017 m L Q Y 0 '� LO 0 L C .6 p moo m 0 C 88 m fA w V1 0 D o « o 3 o a m n m c cE m .0 O o CL 0 CLmm r m 'O w rL+ c 0 c O c O_ U Y ycoc3 2- U O m OCL— CL O ` O O Nm L m o m n. 0 Q 0 m o L E"�o m! D F- L c0 a) � vi co L rL-O) oo m $ E a a) cei LO 0 U m -0 c O) N m m C m.L� OO�O= (D O W q) Cy C O O 0) CL y O -0 n O fyA Q J � N f0 mL N m d o tCo" L m mm + >..-w L o.E O m N o �m=$� o�c0cu • 9 i S ```�ttttttlfitlilllf!!r a i ® ® "'fill Nct S m m � m U 0 U O (7 8L CL C 2 0 m m�ycU Lu m0 co o 1O mLL 0 o c � o -Z (D B. o � m m CD v E m U E p� o E Q a � 8� -" e o c n m QmCa ca a CL U mcof6 ES ii m cca E _— 3 CD U U • CITY OF MERIDIAN JOB DESCRIPTION Job Title: Wastewater Plant Lead Operator Department: Wastewater Department Report to: Chief Wastewater Plant Operator n LJ Date: June 2008 Date Last Revised: New Job Summary: Assists Chief Operator in the operation of a wastewater treatment Plant involving 24 hour per day operation does related work as required. The employee is responsible for the efficient and effective operation of a wastewater plant. Receives training from Chief Operator and Senior Management Staff to improve supervisory skills. Essential Duties & Responsibilities: • Assists in the supervision of plant operations and subordinates; • Coordination between the maintenance personnel, laboratory, and operations; • Sludge thickening and dewatering, and ensuring compliance with state and federal water quality standards. • Assists in supervision of plant operations including personnel evaluations and recommending discipline; • Schedules assigned work for all shifts accounting for days off, annual leave, and sick days; • Where possible, resolves difficult situations which could result in grievances or poor performance. • Trains plant personnel in proper equipment operation; plant operation, safety, etc. • Fundamental principles of biological systems, and safety; • Reviews Operations logs and reports on plant conditions; • Conducts plant tours and answers public inquiries regarding plant operations; • Reviews operational and lab data; • Implements process control plan to maximize treatment effectiveness; • Troubleshoots process systems and equipment to determine and correct problems; • Responds "on call" to plant emergencies requiring on-site supervisor attention; • Responds as necessary to collection system call -outs and lift station alarms. • Evaluates plant conditions and makes unsupervised operational decisions and changes to optimize the overall treatment plant performance, wastewater and biosolids quality. Other Duties and Responsibilities: Performs other duties as assigned or needed. • Shift relief as needed. Job Specifications: • Associates Degree or Equivalent desired; • Ability to learn management and supervisory techniques; • Ability to learn chemical and physical processes of activated sludge treatment; • Ability to analyze plant and lab data and to implement process control changes to maximize efficiency and effectiveness of plant systems; • Ability to read and interpret blueprints and schematic diagrams; • Ability to learn modern principles and practices of supervision; • Ability to develop skills in effectively planning, developing, scheduling, assigning, coordinating, and evaluating large programs, activities and personnel; • Ability to effectively direct the activities of subordinate in a manner which will accomplish program objectives; • Ability to establish and maintain effective working relationships with respect to subordinates, other city personnel and the public; Desired Strategic Management Abilities and Ability to learn o Planning - Represents the ability to think strategically, evaluating actions and decisions for their impacts and ramifications on the organization as a whole as well as in relation to resources and capabilities. Also represents the ability to continually identify, evaluate, articulate, and execute strategic opportunities. o Change Management - Represents a solid understanding of successful change management strategies and techniques and the ability to implement said techniques to drive change initiatives. o Workflow - The ability to effectively identify team/unit outcome accountabilities and appropriate allocate team resources and individual competencies to achieve desired results. o Enhancement Identification - Represents a continuous commitment to identifying and evaluating options and alternative methods to improve the functional performance of the organization and or unit/team. o Environment Sgoort/Model - Consists of a solid understanding of organizational values and a commitment to model appropriate behaviors as well as a commitment to championing values initiatives. Desired Performance Coaching Abilities and Ability to Learn o Mentorshi-P - The capability and empathy to recognize performance enhancement opportunities or performance hurdles and provide coaching to enhance their efforts and overall success. Also represents the ability to effectively communicate and reinforce individual performance expectations. o Talent and Team Develo ni - Represents the ability to identify development opportunities to improve unit performance and provide/facilitate appropriate training efforts. o Conflict Resolution - Consists of the ability to proactively address conflict situations head on and facilitate a positive resolution. o Team Facilitation - The ability to facilitate team cooperation and collaboration as well as troubleshoot team performance hurdles. Also represents the ability to appropriately align team capabilities and ensure that the team has the necessary resources and direction to accomplish its objectives. Communication o Delegation - The ability to identify tasks to be delegated and effectively communicate performance expectations and guidelines to individuals and or team. o Meeting Facilitation - Represents the capability to facilitate positive interaction amongst a group as well as maintain focus and keep the group on task to ensure achievement of desired outcomes. o Presentations - The ability to effectively present ideas to a group. Includes the ability to read an audience and to effectively tailor the message to individual groups. o Collaboration w/ Introduction to Sto ellina - Consists of the capability to effectively communicate and engage others. Also consists of the ability to appropriately assert your opinions and express your ideas as well as an introduction to the inspirational aspects of storytelling. o Customer Service - Represents a solid understanding of the concepts and practices for effectively dealing with customers both internal and external. Other Position Qualifications: • Must have a valid driver's license and safe driving record; • Must possess an Idaho Class II Wastewater Treatment Operator's license or equivalent. • Must possess an Idaho Class I Wastewater Collection Operator's license or be able to obtain within 18 months. Tools and Equipment Used: • Pickup truck, backhoe and tractor; • Miscellaneous power tools; • Various office equipment such as telephone, calculator and copy machine. June 20, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT Public Works Department ITEM NO. 6-B-2 REQUEST Budget Amendment for Capital Projects Manager AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See attached J r -- .n 3 m m 0 m m c 7 O O C d CL —•V m m m � m m 4 -- CL p c E m WO a S 8 c c o E 5cQ-2 75 -0 C =m8 3 m� 3 3y0'� ammo. C :3. m m m m � Z O O � O O• O C O 7m O) oC CD y C y 7 ca mp �U 0c(D 0 so 3 0 o o CL m v m Q m 0 aW mcc-. m m m v ; w SO 8- (D 80 y N CL c C U o a m m m m O o 8 E m -'D2 C�•C Q m m `D N tll m c �> 0 O CCC m cc z O 5 O O N O J1 -m ,m f6 'y . m L CL m O) m d C N m tum=E 8 V -c f6 .o-0. t6 cz CME CL m 2 v Co r m COi m t vi m a i m f (CDL>> 1- d a .o O) 11 c m l6 C c m m Y 0 C 0 m 'C Q 0 O. d N C O N N O C m m m X m c N C 7�: c w m z ai co vL? c LL o LO c ai m 7 M LL � c O m .0.0 am 0-0 c LL m t C 7 (C6 m 0 Ew N O) 0 m c � m m C �,: O i? m m O 0 a 2+ c m c is C m m ri m is 2 2 o CL CL a M m 0 o V: -2 to Co c ii m r. c m p Y N m E m U c E fl y C m U C) ECD G. > o >N 2 m CL Co �., N p co CCL N C p 43 2 E q7 c m cc '0 c rn Li- a L m td C m U U rn 0 ti ti of N C LL 0 M CITY OF MERIDIAN IRAFT JOB DESCRIPTION Job Title: Capital Projects Manager Date Last Revised: 6/16/08. Department: Public Works Reports To: Assistant City Engineer Job Summary: This position will plan, coordinate, direct and oversee a wide variety of citywide capital projects, services and activities. In addition to supervising technical construction work and preparing and administering project contracts, budgets, plans, schedules, and design specifications for single or multi-phased capital improvement projects, the position will also provide construction-related oversight services ensuring projects are coordinated and completed within schedule and budget while adhering to local, state and federal standards, environmental and construction safety guidelines, and best management practices. Essential Duties & Responsibilities: • Coordinates and manages the construction of public works and park projects including street, water and wastewater system improvements, storm drainage facilities, park facilities, and buildings through the use of consultants, contractors and City staff; • Performs construction document and engineering plan reviews to assure compliance with City codes, plans, ordinances, and engineering and construction practices and standards; • Evaluates specifications and cost estimates for contract work to be performed on City construction projects and administering associated construction contracts; • Coordinates and prepares construction schedules and contracts (with the Purchasing Agent) and tracks work performed to ensure timely completion; • Tracks the project budgets and manages the change order process; • Coordinates the work of contractors and consultants; • Inspects construction in progress and upon completion to verify compliance with contract conditions, specifications, codes and timelines and to authorize payment; • Communicates with contractors regarding concerns and issues related to contract specifications, materials, costs, safety, and timelines; • Coordinates activities with Local, State, and Federal Agencies; • Verifies appropriate permits are obtained from ACRD, ITD, IDWR, ACOE, EPA, etc, and insures requirements of permits are met; • Positively interacts with City Council and staff, contractors, businesses, public agencies, citizens and other jurisdictions to exchange information, coordinate projects, and resolve issues and concerns; • Develops and evaluates RFQs, RFPs, SOW, and PS&E, coordinates and submits NOIs and NOTs and issues Notices to Proceed and Notices to Suspend Work in conjunction with the Purchasing Agent • Reviews and administers SWPP Plans • Conducts preconstruction and bid opening meetings • Coordinates construction surveying efforts when appropriate • Coordinates Requests for Information, and negotiates Change Orders, and Requests for Changes on behalf of the City • Coordinates and directs project inspection efforts to ensure compliance with plans and specifications including required project submittals and materials testing • Oversees record drawing process to ensure accuracy and timely submittals Page I of 3 • Occasionally requires lifting and moving up to 50 pounds and occasionally lifts and/or moves objects weighing more. • Must be capable of walking, climbing, and bending without undo strain; • Willingness to work outdoors year-round in prevailing weather conditions and hazardous conditions, including traffic. Travel Requirements: • Drives a City motor vehicle to other city sites. Interpersonal Skills: • Team Player; • Communicate with others; • Integrity; • Show respect to fellow employees and customers. • Diplomacy; Disclaimer: Must perform the essential duties and responsibilities with or without reasonable accommodation efficiently and accurately without causing a significant safety threat to self or others. The above statements are intended to describe the general nature and level of work being performed by employees assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties and/or skill required of all personnel so classified. This job description is not an employment agreement and/or an expressed or implied employment contract. Management has the exclusive right to alter this job description at any time without notice. To comply with the Americans Disability Act (ADA), the City may make reasonable accommodation for qualified individuals with disabilities to enable them to perform the essential job functions. This is an accurate description of the essential functions of my position. Employee Approvals: Direct Supervisor/Manager Management (next level) Page 3 of 3 Date Date Date T". <. Asa '{ gg i June 20, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT Public Works Department ITEM NO. 6-8-3 REQUEST Discussion of Five Mile Creek Restoration Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 Memo K To: Jaycee Holman, Tara Green From: Kyle Radek City Of meridia-n City Cleric Cce CC: File, Bill Nary, Ted Baird Date: 6/16/08 Re: Fivemile Creek Restoration Project. State -Local Agreement and NMID License Agreement Public Works respectfully requests that the attached State -Local Agreement and License Agreement with Nampa Meridian Irrigation District be put on the Council agenda under department reports for the June 24th meeting. Thank You S LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2008, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF M HRIDIAN, 33 East Idaho, Meri Aian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNE!_SETH: WHEREAS, Licensee is the owner of real l-roperty/conservation easement (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or c anal for those purposes; and, WHEREAS, said ditch or canal and easemert crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this refere-ice made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal of the District's easement in its course across the lands of the Licensee in the manner and under the terms anu conditions hereinafter set forth; and, WHEREAS, it is necessary that the District p, atect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the ma,mer generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's casement along said ditch or canal shall be performed and maintained in accordance with the "Spcciai Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings reverenced in or attached to Exhibit D shall he resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's casement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's casement for the purpos+;s and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this; agreement means any object or thing of any nature installed in or on the District's casement by the Licensee or the Licensee's predecessor in interest) shall he constructed, installed, operated, maintained, and repair -.d at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's Basemen: so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within )r adjacent to the casement; C. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, head harmless, and defend the District from all claims for damages arising out of any of the Licensee's consti uction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the casement and irrigation works which may be caused by rhe construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times `,e subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not he made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not he unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the casement therefor which does not comply with the terms of this agreement, and t ) remove any impediment to the flow of'water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs wh.ch shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in any% ise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintena.ice and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable not cc to the Licensee prior to the District's performing such maintenance, repair or other work except that in gases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT - Page 2 0 0 against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other require ment, or the j urisdiction of any federal, state, or other agency or official to the District's ownership, operat on, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with tae application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from :iny injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or w sorted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors x subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area vs hen the use of the casement area is required by the District for maintenance or repair under this or any of ier paragraph of this agreement. H. Licensee shall place no structures, pat sways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District casement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of ;uit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreerr int, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and re<.,sonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and systt.m of the District by this agreement, nor to grant any rights in its irrigation works and system incompatibly; with the uses to which such irrigation works and system are devoted and dedicated and that this contrr.ct shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 3 14. Nothing herein contained shall be con itrued to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by :he Licensee and the license herein provided therefor shall remain inferior and subservient to the rights_ of .he District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Li zensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any o: her improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may he removed by the District. 16. The Licensee agrees to pay attorney fess or engineering tees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for tht benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to he invalid or otherwise unenforceable, all remaining prov -sions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the pl iral, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with. and running with, all of the lands of the Licensee desc ibed in said Exhibit A, and shall he binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT By_ ItsPresident ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ss: County of Canyon ) On this day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte Janicek and Daren R. Coon, known to me to he the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged o me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this day of , 2008, before me, the undersigned, a notary public in and for said state, personally appeared and , known to me to be the and , respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executedl the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have here unto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at _,— My Commission Expires: LICENSE AGREEMENT - Page 5 J £`s »�q 3 4 ji,y I EN y EXHIF IT A Lcgal De cription Licensee has or is in the process of obtaining a conservation easement from Douglas Tamura and Kobe, LLC across the property described in the attac'ied Exhibit A-1 and by this reference incorporated herein. Said property is generally located in the E 1/2 A the SE 1/4 of the SE 1/4 of Section 7, T.3N, R.I E, B.M., Ada County, Idaho. EXHIL-JT C Puraose of License The purpose of this License Agreement is to Kermit and approve Licensee to: 1. landscape approximately 680 linear feet of the Five Mile Drain which shall include earthwork to re -shape the channel of i he Five Mile Drain, placement of gravel in portions of the Five Mile Drain, placement of large cobble rock in portions of the Five Mile Drain, and the construction of grass, plants, s hubs and trees within the District's casement for the Five Mile Drain; all within or near Licensee's real property described i -i Exhibit A, located approximately 500 feet west of the intersection of Locust Grove Road and Franklin Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affectin-, the Five Mile Drain or the District's easement. EXHIEIT D Special Cc: nditions a. The construction described in Exhibii C shall be in performed in accordance with certain plans consisting of seventeen sheets attached hereto as Exhibit D- i and by this reference incorporated herein. h. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. The Licensee recognizes and acknowlt:dges that the license granted in this agreement by the District pertains only to the rights of the District as owr er of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's casement. Any such rights affecting fee title must he acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee represents that Licensee has. complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, vs may be applicable under the subject matter, terms LICENSE AGREEMENT - Page 6 or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or li -ibility for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. C. Licensee hereby indemnifies, holds hermless and shall defend the District from any and all penalties, sanctions, directives, claims or any action t:dccn or requirement imposed by any party or entity, public or private, with respect to environmental matter.: relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim , action or requirement. f. In the event the District is required by ny governmental authority to acquire or comply with any permit or other operational requirements associate 1 with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, m:initoring, treatment, administrative, filing and other requirements. g. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. h. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement Ib+- the Five Mile Drain except as referred to, n this agreement or exhibits thereto without the prior written consent of the District. i. Licensee acknowledges and confirms that the District's easement for the Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. j. Construction shall he completed one -ear from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 7 may. JV. i I V V I i 4ornr.-�,-6nr t nut Do d t ompany � 1IUl r'. t WARRANTY DEED FOR VALUE RECEIVED, the Madden Family Trust created by Trust Agreement dated August 30. 1991, the Grantor, does hereby grant, bargain and convey unto Arthur J. Berry, a married man dealing in his sole and separate property and Douglas Tamura, a single man (Grantees) whose address is 906 Broadway Ave., Boise, Idaho 83706, the following described premises, to -wit: See legal description attached hereto. TO HAVE AND TO HOLD the said premises, with their appurtenances onto said Grantees, their heirs and assigns, in fee simple, subject to the following: all reservations and patents or state grants or in the laws authorizing the issuance thereof; the bonded debt of all taxing units; all zoning requirements and restrictions provided any governmental unit; all easements and rights of way under, over and across the premises regardless of how evidenced or acquired and whether the same appears of record or not: terms of any agreement pursuant to which this Deed was executed; and exceptions appearing in any title insurance policy applying to the real property procured in connection with this conveyance. 13y agreement Grantees accept said property in all respects "AS IS" and without warranty of any type, excepting title is warranted to the extent that the title insurance policy provided by Grantor to Grantees recognizes coverage. Grantees agree that they have inspected the property, its title, its boundaries, water rights, environmental condition, flood plain status, appurtenances and improvements located thereon and as purchasing said property based upon said Inspection and said "AS IS" agreement. DATED:( c2d , 1996. WARRANTY DEED -- 1 GRANTOR: THE MADDEN FAMILY TRUST BYE /� • �'L� RALPH H. Mf fO EN, Trustee Exhibit A, page 1 May. 30. 2097 1:49°M Arthur 0y & Company 0,1701 P. 2 STATE OF IDAHO ) ) ss. County of Ada ) On this �50 day of April, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared RALPH H, MADDEN, known and identified to me to be the Administrative Trustee of the MADDEN FAMILY TRUST that executed the instrument or the person who executed the instrument on behalf of said MADDEN FAMILY TRUST, and acknowledged to me that such MADDEN FAMILY TRUST executed the same. :`;:Iht:WtT JE>pS WHEREOF, I have hereunto set my hand and affixed my official 't: {. seat the"d� aiYpar In this certificate first above written. R ' s Notary Public for.ld o V ` � 'gS)L� I.L' „` c" Residing at , Idaho/ `p0.� f °Ooorvrts"`�`SS,I'��a Commission expires:%"�' •'� oj` Yj%�' 1ti0 ACCEPTED AND AGREED TO: WARRANTY nEED -- 2 rz Exhibit A, page 2 F zj A t �+ a to < � P F May. JU. L'JU1 1:4yr�N1 Arthur *y & Company STATE OF IDAHO I I ss. County of Ada I .arNMIR. On this `'day of ApriI',!14q.6,",1f in and for said State, personall.�i41110' Aared to me to be the person whose .'narr66) FS14 ,c acknowledged to me that he 6>E•ej?uted--the sane a s° STATE OF IDAHO I u n ss County of Ada I°0a•�•rs'rea�S��t 0 17U"1 P. 3 le, the undersigned, a Notary Public �R J. BERRY, known and identified Pied to the within instrument, and Notary Public fog Idaho Residing at: Boise Commission Expires: 4-23-98 On this ,40"day of April, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared DOUGLAS TAMURA, known and identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year toil��c�tijc°ate first above written. Ji 11-6 N a'[(};TZ�' r Notary Public f r Ida o (SEAL)'OQoz��''=1�„mResiding at Ld , Idaho Commission expires: -� WARRANTY DEED -- 3 Exhibit A, page 3 ` a .€ y t t Z r. �dd V Fl 7r i '. Y 6 ,.f .qR ) i May. 30. 2001 2:49PM Ar t nu r0 ry & Company M3TEALEY'S LAND �URV'EYING Project No. 1614 Date. April 5, 1996 Revised: April 29, I996 oo. 1101 P. 4 �4034032_ 109 South 41, Street Boise, Idaho 83'626,,6,3, 3726 O (208) 385-0635 3 6 Q 3 Fax (208) 385-0695 DESCRIPTION FOR PARCEL 17 (TAMURA-BERRY) `1ECORDER !ir `/AF;RO BOiSf` i� FIRSTAMgRICAN TITLE CO. '96 flav Ia�l� 8 50 FEE -- RfC( logo ,' 1_f-0 Or NL RFOUEST 9 A parcel ofland being a portion ofthe E 1/2 ofthe SE 1/4 of the SE 1/4 of Section 7, T.3N., R.IF., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Southeast corner of the said Section 7; thence along the Last boundary ofihe said E 1/2 of the SE 1/4 of the SE 1/4 of Section 7 North 00°00'12" West 40.00 feet to an iron pin on the North right-of-way line of East Franklin Road; thence along the said North right-of-way line South 89°19'46" West 45.00 feet to a point, also said point being the REAL POINT OF BEGINNING; thence along a line 45.00 feet Westerly of and parallel with the said East boundary of the E 1/2 of the SE 1/4 of the SE 1/4 of Section 7 North 00°00'12" West 1190.93 feet to a point on the Southright-of-way line of the Union Pacific Railroad; thence along.the said South right-of-way line North 88056'00" West 617.84 feet to an iron pin on the West boundary of the said E 1/2 of the SE 1/4 of the SE 1/4 of Section 7; thence along the said West boundary South 00°0701" West 1209.66 feet to an iron pin on the said North right-of-way line of East Franklin Road; thence along the said North right-of-way line North 89019146" East 618.55 feet to the POINT OF BEGINNING; said parcel of land contains 17.03 acres, more or less. Exhibit A, page 4 1.Uu►, • FOR VALUE RECEIVED, 0 ADA COUNTY RECORDER 1.OAViD NAVARRO AMOUNT 9.00 BOISE IDAHO , Hafi6 04:49 PM DEPUTY Neave Haney j I RECORDED -REQUEST Of 1052E�13�? Title One QUIT CLAIM DEED Douglas W. Tamura, a single man Does hereby convey, release, remise and forever quit claim unto Kobe, LLC, an Idaho Limited Liability Company whose current address is: 499 W. Main Street, Boise, ID 83702 the following described premises: Parcel I: A parcel of land being a portion of the East half of the Southeast quarter of the Southeast quarter of Section 7 and a portion of the West half of the Southwest quarter of the Southwest quarter of Section 8, Township 3 North, Range l East, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Southwest comer of the said Section 8; thence along the West boundary of the said West half of the Southwest quarter of the Southwest quarter of Section 8 North 00°00'12" West 40.00 feet to an iron pin on the North right-of-way line of East Franklin Road, also said point being the REAL POINT OF BEGINNING; thence along the said North right-of-way line South 89°19'46" West 45.00 feet to a point; thence along a line 45.00 feet Westerly of and parallel with the said West boundary of the said West half of the Southwest quarter of the Southwest quarter of Section 8 North 00000112" West 1190.93 feet to a point on the South right-of-way line of the Union Pacific Railroad; thence; along the said South right-of-way line South 88°5600" East 706.89 feet to an iron pin on the East boundary of the said West half of the Southwest quarter of the Southwest quarter of Section 8; thence along the said East boundary South 00°01'08" West 1172.76 feet to an iron pin on the said North right-of-way line of East Franklin Road, thence along the said North right-of-way line Exhibit A, page 5 South 89°36'43" West 661.34 feet to the POINT OF BEGINNING; Parcel II: A parcel of land being a portion of the East half of the Southeast quarter of the Southeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Southeast comer of the said Section 7; thence along the East boundary of the said East half of the Southeast quarter of the Southeast quarter of Section 7 North 00°00'12" West 40.00 feet to an iron pin on the North right-of-way line of East Franklin Road; thence along the said North right-of-way line South 89° 19'46" West 45.00 feet to a point, also said point being the REAL POINT OF BEGINNING; thence along a line 45.00 feet Westerly of and parallel with the said East boundary of the East half of the Southeast quarter of the Southeast quarter of Section 7 North 00000'12" West 1190.93 feet to a point on the South right-of-way line of the Union Pacific Railroad; thence along the said South right-of-way line North 88°5600" West 617.84 feet to an iron pin on the West boundary of the said East half of the Southeast quarter of the Southeast quarter of Section 7; thence along the said West boundary South 00°02'01" West 1209.66 feet to an iron pin on the said North right-of-way line of East Franklin Road; thence along the said North right-of-way line North 89°19'46" East 618.55 feet to the POINT OF BEGINNING. Excepting from Parcel I & II: A parcel of land located in the East Half of the Southeast Quarter of the Southeast Quarter of Section 7, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast corner of Section 7; thence South 89°1946" West, a distance of 663.58 feet along the South line of said Section 7 said line also being the Centerline of East Franklin Road to a point marking the Southwest corner of the East Half of the Southeast Quarter of the Southeast Quarter of said Section 7; thence leaving said South line North 00°02'01" East, a distance of 40.00 feet along the Westerly line of said East Half of the Southeast Quarter of the Southeast Quarter of Section 7 to a point on the Northerly right-of-way line of said East Franklin Road; thence continuing along said Westerly line of the East Half of the Southeast Quarter of the Southeast Quarter of Section 7 North 00°02'01" East, a distance of 683.04 feet to the TRUE POINT OF BEGINNING; thence continuing along said Westerly line of the East Half of the Southeast Quarter of the Southeast Quarter of Section 7 North 00°02'01 " East, a distance of 526.62 feet; thence leaving said Westerly line Exhibit A, page 6 0 South 88°56'00" East, a distance of 332.89 feet; thence South 00°02'01" West, a distance of 520.40 feet; thence South 89°59'48" West, a distance of 332.84 feet to the POINT OF BEGINNING. Also excepting from Parcel I & II those portions deeded to Ada County Highway District for the right of way of Locust Grove Road, East Lanark Drive and a portion of N. Nola Road said descriptions contained in the following warranty deeds: Warranty Deed recorded June 30, 1997 as Instrument No. 97051508 and corrected by Warranty Deeds recorded September 17, 1997 as Instrument Nos. 97076442 and 97076443, Warranty Deeds recorded September 24, 2003 as Instrument Nos. 103162356 and 103162358, records of Ada County Idaho. Warranty Deed recorded December 15, 2005 as Instrument no. 105191297, records of Ada County Idaho. TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. State of Idaho ) ) ss. County of Ada ) On this day of December 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Douglas W. Tamura, known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESSM,ave hereunto set my hand and affixed my official seal the day and yearA=s above written. lee otaryIic for Idaho nop��� TRAIy,�1r, My Commission Expires: / u LkOTARg„ o� F, s i4 p(lBL'LG n Exhibit A, page 7'" 9'D rs, - 'N 7777 Ai y t f J3 V f 99 € y 4 i k Jf Exhibit D-1, page 1 MXCFPKAWW F1W MU QW IZI MOIIArION - rAO" CAOI MALawq" mum, /P ` USDA - NATURAL RESOURCES CONSERVATION SERVICE md " wjON 5kftcmdramm k _ _ N r Cp055 5�C110N5 t i t 9 s t v 3 ' New CC63 Of X -56C 5 ` 1 t a, a viii � f e. gg' t t r 3� y6: , Y' S r C-11pN \`)� �f r. �x�avated floodplain I,m, �'^ r',1 VIII in Channgl,to NiTll icige of PalkXX z z N X `xC2_. v W6 COR M1'&5 TWICAL 5�010N I Fxistmq X-56cbw 10 12" Coir Loq Use wood "es every 5 -4' Vegetate all cut and fill surfaces a5 15hmn in the vcqctatlom plan 2" Cor[4q Floodplain excavAtom --Jj 10 OMWN6 NOr TO 5CA,� Exhibit D-1, page 6 CON LOO MfAL5 .,, M5, Y 11 ME MU QUK W-'AOPAIM - fAMtRA ff." J. 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THIS DEED OF CONSERVATION EASEMENT is made this day of '20 , by Arthur Berry and Kobe, LLC (Grantor), having an address at 1124 Santa Maria Dr. Boise Idaho 83712, in favor of City of Meridian (Holder), having an address at 33 East Idaho Avenue, Meridian, Idaho 83624. WHEREAS, Grantor is the owner of real property (Property) more particularly described in Exhibit A attached hereto and incorporated herein. WHEREAS, U.S. Army Corps of Engineers Clean Water Act (CWA) 404 permit number (Permit), a draft submitted February 27, 2008, and a copy which is attached as Exhibit B and incorporated herein. The final approved permit will authorize certain activities that affect waters of the United States. WHEREAS, the Permit requires that the City of Meridian replace and protect the wetlands as designed in the attached Exhibit C (Designed Wetlands), located on the Property, by keeping the Designed Wetlands in a natural condition. WHEREAS, Grantor, in consideration of the consent granted by the Permit, agrees to convey to Holder a conservation easement placing certain limitations and affirmative obligations on the Property for the protection of the Designed Wetlands and in order that the Designed Wetlands shall remain substantially in its natural condition. WHEREAS, Holder, as a governmental body [see types of Holders in I.C. § 55- 2101] under the laws of the State of Idaho, desires to accept the conservation easement, including covenants and agreements, affecting the Designed Wetlands. WHEREAS, the State of Idaho has recognized the importance and validity of conservation easements by its enactment of the Uniform Conservation Easement Act, Idaho Code Sections 5-2101 through 2109, under which this conservation easement is created. DEED OF CONSERVATION EASEMENT U1 02 ---- PAGE 1 0 • NOW THEREFORE, for the foregoing consideration, and in further consideration of the restrictions, rights, and agreements herein, Grantor conveys to Holder a conservation easement on, over, under, and across the Designed Wetlands, together with reasonable access from the Property, in perpetuity, consisting of and subject to the rights, conditions, and restrictions, enumerated below and those interests of record as of the date of this conservation easement. Holder accepts the conservation easement and agrees to all attendant terms and conditions. I. PURPOSES/RIGHTS OF HOLDER It is the purpose of this conservation easement to assure that the Designed Wetlands will be retained forever as designed and to prevent any use of the Designed Wetlands that will impair or interfere with the Designed Wetlands. To carry out this purpose, the following rights are conveyed to the Holder: A. To preserve and protect the Designed Wetlands, including the topography, soil, hydrology, vegetation, and wildlife; B. To enter upon the Property at reasonable times to enforce the rights herein granted and to observe, study, and make scientific observation of the Designed Wetlands, upon prior notice to the Grantor, its heirs, successors, or assigns, in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor, its heirs, successors or assigns at the time of entry; and C. To enjoin any activity on, or use of, the Designed Wetlands that is inconsistent with the purpose of this conservation easement and to enforce the restoration of such areas or features of the Designed Wetlands that may be damaged by any inconsistent activity or use. II. RESTRICTIONS This Deed of Conservation Easement prohibits and limits the following activity in, on, or about the Designed Wetlands: A. Changing, disturbing, altering, or impairing the natural riparian ecosystem and other natural, ecological, or wildlife features or values in and on the Designed Wetlands, except as otherwise provided or allowed herein. B. Construction or placing buildings, roads, signs, billboards, or other advertising, utilities, or other structures on or above the Designed Wetlands. DEED OF CONSERVATION EASEMENT U 1 02-_-_ PAGE 2 0 C. Dumping or placing of soil or other substances or material as landfill, or dumping or placing trash, waste, or other unsightly or offensive materials. D. Removal or destruction of the live trees, shrubs, or other vegetation, except for the removal of noxious or exotic invasive plant species, except as expressly authorized in the Uses and Practices section (Section III) of this Deed of Conservation Easement. E. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such a manner as to affect the Designed Wetlands. F. No agricultural, industrial, or commercial activity shall be undertaken with respect to the Designed Wetlands. G. Using herbicides or pesticides upon the Designed Wetlands without prior consent of Holder or designated third -party. H. Any other use of, or activity on, the Designed Wetlands or the Property that is or may become inconsistent with the purposes of this grant, the preservation of the Designed Wetlands substantially in its natural condition, or the protection of its environment is prohibited. III. USES AND PRACTICES CONSISTENT WITH THE CONSERVATION EASEMENT The following uses and practices upon the Designed Wetlands, though not exhaustive, are consistent with and shall be permitted by this conservation easement, except for the requirement of prior approval by the Holder or its successors where such requirement is expressly provided herein: A. Landscaping to prevent severe erosion or damage to the Property, provided that such landscaping is consistent with preserving the natural condition of the Designed Wetlands. B. Pruning trees and shrubs to prevent health and safety hazards, including, but not limited to, fire hazards, site obstructions, and road obstructions. Pruning/removing trees and shrubs that establish more density than shown on approved design plans. C. All other acts or uses not prohibited by this conservation easement, which are consistent with the purposes of this grant. DEED OF CONSERVATION EASEMENT U 1 02 ---- PAGE 3 0 • IV. ENFORCEMENT A. Grantor intends that enforcement of the terms and provisions of this conservation easement shall be at the discretion of Holder, and that Holder's failure to exercise its right under this conservation easement in the event of any breach of this conservation easement by the Grantor, its heirs, successors, or assigns, shall not be deemed or construed to be a waiver of Holder's enforcement rights under this conservation easement in the event of any subsequent breach. B. If Grantor or its successors -in -interest violate the terms of this conservation easement, Holder shall have all remedies available at law and equity, including without limitation the right to seek an injunction with respect to such activity and to cause restoration to that portion of the Designed Wetlands affected by such activity to the condition that existed prior to the undertaking of the prohibited activity. C. Holder will pay all costs associated with its obligation to preserve and protect in perpetuity the natural, ecological, and open space of the Designed Wetlands (including costs associated with monitoring compliance with the terms of this conservation easement). D. The Corps, pursuant to its authority under 404(s) of the Clean Water Act, may bring an enforcement action against Holder, its heirs, successors, or assigns, if there is a violation of this conservation easement. V. ASSIGNMENT Holder may assign its interest in this conservation easement without the prior consent of Grantor to any "qualified organization" under Idaho Code Section 55-2101, but shall give Grantor 30 days prior written notice. As a condition of such transfer, the transferee shall agree to all of the restrictions, rights, and provisions, herein and to continue to carry out the purpose of this conservation easement. VI. GRANTOR'S TRANSFER OF THE PROPERTY A. This conservation easement shall run with and burden title to the Property in perpetuity for the benefit of the Holder or its assigns and successors, and shall bind Grantor's heirs, successors, or assigns. B. Grantor shall insert the terms and restrictions of the conservation easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. DEED OF CONSERVATION EASEMENT U 1 02 ---- PAGE 4 0 • C. If Holder, its heirs, successors, or assigns acquire fee title to the Property from Grantor, its heirs, successors, or assigns, it is agreed that the easement will not merge into the dominant estate. Rather, the restrictions, responsibilities, and rights of the Grantor will pass to the Holder upon taking title to the Property. This instrument will become a conservation deed restriction on the Property, subject to all rights, restrictions, and purposes described herein. VII. REVOKE, RELEASE, ALTER, AMEND This conservation easement may be amended, altered, released, or revoked only by written agreement between the parties, their heirs, assigns, or successors. Such an agreement shall be filed in the public records of Ada County, Idaho. VIII. PROCEEDS This conservation easement constitutes a real property interest immediately vested in Holder. In the event that all or a portion of the Property is sold, exchanged or involuntarily converted following extinguishments or the exercise of eminent domain, Holder shall be entitled to the fair market value of this conservation easement. The parties stipulate that the fair market value of this conservation easement shall be determined by multiplying the fair market value of the Property unencumbered by this conservation easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this conservation easement at the time of this grant to the value of the Property (without deduction for the value of this conservation easement) at the time of the grant. Holder shall use its share of the proceeds in a manner consistent with the purposes of this conservation easement. IX. TAXES AND OTHER ASSESSMENTS Grantor, or its successors -in -interest, shall pay all real property taxes and other assessments levied by competent authority on the Property. /:IPJ/:\.11 Lim 11.1 This Deed of Conservation Easement is made with general warranty of title. XI. SEVERABILITY If any part of this conservation easement is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. DEED OF CONSERVATION EASEMENT U1 02 ---- PAGE 5 ! 0 XII. NOTICE All notices, consents, approval, or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States first class mail, addressed to the appropriate party or successor -in -interest. Notice shall be deemed received within 7 days after mailing of the specific notice, consent, or approval. XIII. RECORDING The Holder shall record this instrument in a timely fashion in the official records of Ada County, Idaho, and may re-record it at any time as may be required to preserve Holder's rights in this conservation easement. IN WITNESS WHEREOF, the parties have executed this conservation easement, covenants, restrictions, and agreement, as of the date specified below. GRANTOR Signature and Title Date HOLDER Signature and Title Date DEED OF CONSERVATION EASEMENT U 1 02 ---- PAGE 6 ��.➢ > ¢tR t IN£ _ t f c � �•.L a u� 1 i� g � a# b • 0 Acknowledgements STATE OF IDAHO ) ss County of Ada) The foregoing conservation easement was acknowledged before me this day of , 20 by who is [ ] personally known to me or [ ] has produced his driver's license as identification. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ss County of Ada ) The foregoing conservation easement was acknowledged before me this day of 20 by who is [ ] personally known to me or [ ] has produced his driver's license as identification. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at My commission expires DEED OF CONSERVATION EASEMENT U1 02 ---- PAGE 7 a s a � 5 �t st j. RIPARIAN AQUATIC RESOURCE MITIGATION AGREEMENT Project No. A010 (459) I-84, Garrity Interchange to Meridian Interchange Ada County Key: 10459 This Riparian Aquatic Resource Mitigation Agreement is entered into on this day of , 2008, between the Idaho Transportation Department (hereinafter, ITD) and the City of Meridian. The Parties agree as follows: I. GENERAL PROVISIONS: ITD is obligated to provide compensatory mitigation for Clean Water Act Section 404 fill into wetlands and waters of the United States associated with the I-84, Garrity Interchange to Meridian Interchange project. In addition, the Federal Highway Administration requires the replacement of all wetland regardless of United State Corps of Engineers (COE) jurisdiction under Executive Order (EO)11990. On-site mitigation was determined to not be possible for this project. The COE and Federal Highway Administration have determined that compensatory mitigation is necessary to fully offset unavoidable wetland impact pursuant to section 404 of the Clean Water Act and EO 11990. The FHWA and COE have stated that the creation of 0.14 acres of mitigation will satisfy the no net loss rule as adequate compensatory mitigation for the project. 2. As compensated, the City of Meridian will hold the conservation easement in perpetuity, and will be responsible for the operation and maintenance within the easement boundaries. 3. The projected functional performance of the Five Mile Creek Aquatic Resource Mitigation Site is based solely upon final design plans and specifications provided to the assessment team and will be built as designed. The final design plans are attached as Exhibit A and are adopted herein. 4. The City of Meridian will select a contractor for the work once the construction documents are completed and the funding is in place. The United States Departmental Agriculture Natural Resources Conservation Service will assist the City of Meridian in the construction of the project to ensure the design is built to the plans and specifications. 5. All modifications to this Agreement shall be in writing, shall be in the form of an amendment to this Agreement, and shall have mutual written consent. Requests to modify this Agreement will be forwarded by one party to the other by written notice at least thirty (30) days prior to the proposed effective date of such modification. For the purposes of this Agreement, the following named persons are designated as contact persons in the event of any notices to be given hereunder: City of Meridian Engineer Dave Jones P.E. Public Works Department Idaho Transportation Dept. - District 3 660 Watertower Ave, Ste 220 8150 Chinden Blvd Meridian, ID 83642 Boise, ID 83707 (208)898-5500 (208)334-8301 II. CITY OF MERIDIAN'S RESPONSIBILITIES: 1. The City of Meridian will construct 0.14 acres of Aquatic Resources mitigation at the Tamura property located in SEC 7 T3N R1E OF THE USGS MERIDIAN QUAD SE 1/4, SE 1/4 ( for ITD for a sum to not exceed Forty Thousand Dollars ($40,000). 2. Upon receipt of the money paid by ITD pursuant to Section III of this Agreement, provide a letter to ITD acknowledging receipt of the money and documenting the mitigation package. 3. Be solely responsible for all permits, licenses, etc to execute mitigation construction. 4. Upon construction of the Riparian Aquatic Resources mitigated, the City of Meridian will relieve ITD of any responsibility or liability for the success and maintenance of wetlands, which fully satisfies ITD's mitigation obligation for the project in perpetuity. 5. The City of Meridian will assume all liability for the responsibility of the establishment, performance, operation and long term maintenance of the Five Mile Creek Riparian Aquatic Resource mitigation site. 6. The City of Meridian shall indemnify and hold harmless ITD from and against any and all claims, demands, or actions for damages to property or injury to persons or other damage to persons or entities arising out of, or resulting from the performance of this Agreement, including, but not limited to, damages, costs, and attorney fees, provided such damage to property or injury to persons is caused in whole or in part by the negligent act, error, or omission of the seller of any of its employees, agents, consultants, or subcontractors. III. ITD'S RESPONSIBILITIES: ITD will provide to the City of Meridian the sum of Forty Thousand Dollars ($40,000) in exchange for establishment, performance, operation and long term maintenance of the Five Mile Creek Aquatic Resource mitigation site. Payment will be made upon execution of this Agreement. 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the first date written above. IDAHO TRANSPORATION DEPARTMENT Assistant Chief Engineer, Development (Loren Thomas) RECOMMENDED BY: Approved as to form: (District Engineer (ITD's legal council) CITY OF MERIDIAN PUBLIC WORKS, by the CITY ENGINEERS OFFICE Mayor of City of Meridian Attachments: Resolution 3 t 4 f 14 • 0 Fivemile Creek Restoration Project Kyle t Agenda -introduction- Project Overview -Partners -Project Description & Benefits kap` -Pathways Master Plan -City Commitments # -Discussion / Action This Project is located just west of the intersection of Locust Grove and Franklin Roads. The project involves earthwork and native plantings to improve the condition of about 680 linear feet of Fivemile Creek. This project also serves as mitigation for the ITD 1-84, Garrity IC to Meridian IC project. I will have a few of our partners provide a more detailed description of the project. 17 • i Fivemile Creek Restoration project %'amurc� Reach P ran tiara Partners • Ada County Soil and Water Conservation District • USDA — Natural Resources Conservation Service • City of Meridian Public Works and Parks • Doug Tamura, landowner • ITD's GARVEE Program Manager, Environmental Section and their consultants • Nampa & Meridian Irrigation District • The Army Corps of Engineers • Federal Highway Administration • Idaho Department of Water Resources Kyle This project is proceeding through the cooperation and collaborative planning efforts of: I would like to introduce representatives from some of these groups. Now Skip Vetten from NRCS will provide some additional detail of the project. 2 Fivemile Creek Restoration► Project � Tamura Reach �ansao►tauan PFO= PI AM�DCilUiila P� OF AEWFNE MMU am MM Project Description a15MVFLL5 ��e.m �R• �= �L 7.T7N,RIE T [M1 �[iyyi �f wa _ �AtW ... +¢'.H_ `•G iL , S.. Hyl � 1[T[� ` ., ?.. O �T+'f2uT+ e �TtVN s .eras v FRM9:(.'N ROAV Skip Vetten- NRCS 3 i Ll Fivemile Creek Restoration Project _Tamura Reach �rrai,18110(`atsafl FIUgi11i1 28 282810 +1 ^ ae+a 26M zeas ewe 2eoe a6oa 2M -P— urg— ortruo waw LMOPM zona UHUM m o Leralawpe Pam zow zma col" (mold also Wudd eoru6Vmib) Am w Road W-0 & 61-6' 6'A' 6'-lz 2W -3z 16' Skip Vetten- NRCS FiD Cut 7�� Wa61e Fivemile Creek Restoration Concept 1 o ro �romnm • Fivemile Creek Restoration project_ Tamura Reach �ransportauon Program Benefits • Enhances Public Safety — Preserves floodplain and floodway — Avoids steep banks and provides separation from path users • Provides Example of Stewardship of Natural Resources by Government and other Agencies • Promotes the Parks Department Master Plan • Encourages Beneficial Management of Urban Irrigation Facilities • Improves Surface Water Quality • Improves Habitat Skip Vetten- NRCS 5 Fivemile Creek Restoration Project ®Tamura Reach �`���� pie Project Implementation Scoping, Planning, Design, Construction Oversight, and Follow-up — NRCS services provided at no cost — Estimated value $20K • Construction — $40K- Paid by GARVEE Program • Provides Wetlands Mitigation for 1-84, Garrity IC to Meridian IC Project • Permitting completed Skip Vetten and Kurt Wald- Connection Idaho Partners Kurt will Mention State -Local Agreement 1.1 W lz ®® i tr T`. 'U I. •5 'ARL!/:: . •. �!' � X _ ?, � r it 7+"ti � Y'a,�R.�>�';' -' � '�- 3'.:. -�• 4 : � '°'' ` �` y O 33PP Age 1. cc lya F-- ✓ .4 W lam- —►, "��' r j _ _.�r _ �1`.- ,f W x LCr }s f y►:iLay .' � y _ _ ../y ..,.cl •. r -..+' 1L '`= day T.: _ z w 6t�1a r 0 0 J u ne 20, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT Planning Department' REQUEST Letter to Kuna City Council AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 24, 2008 ITEM NO. 6-B-1 COMMENTS �;�ev.sSest f iiif ; fir" t p@p@ 6g 4 � i Mill June 20, 2008 AZ 06-063 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT Waltman, LLC ITEM NO. S REQUEST Continued Public Hearing from June 17, 2008 -- Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property --505, 521, 615, and 675 Waltman Lane AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 20, 2008 PP 08-001 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT SLN Planning, Inc. ITEM NO. 9 REQUEST Continued Public Hearing from June 17, 2008 — Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza -- 505, 521, 615, & 675 Waltman AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian June 20, 2008 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT ITEM NO. 10 REQUEST Public Hearing — Draff 2008 Annual Action Plan, Community Development Block Grant (CDBG) Program AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR:�� CITY ATTORNEY C �� CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 4 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE June 24, 2008 ITEM # 10 PROJECT NUMBER PROJECT NAME Draft 2008 Annual Action Plan, CDBG PLEASE PRINT NAME FOR AGAINST NEUTRAL EEIVEED JUN 2 4 2008 pity of Nieridixt fr rrlwn,;,,. C; ,, cuz, 0 0 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2008 ACTION PLAN CITY OF 33 East Idaho Avenue Meridian, ID 83642 208/888-4433 Upon request, this document will be provided in a format accessible to persons with disabilities and/or persons with limited English proficiency. The City of Meridian prohibits discrimination on the basis of race, color, sex, religion, national origin, handicap, or familial status. City of Meridian, Idaho 2008 Action Plan TABLE OF CONTENTS CITY OF MERIDIAN, IDAHO 2008 ACTION PLAN SECTION PAGE INTRODUCTION 13 Purpose of this Document 1 City of Meridian CDBG Program Mission Statement 1 Desgt'ipiion of coma' ngit , improve activities 13 EXECUTIVE SUMMARY 3 ' Program Year and submission to HUD 2 Summary of PY08 Objectives and Outcomes 3 Evaluation of the City's Past Performance 5 Summary of the Citizen Participation Process 5 Summary of Efforts Made to Broaden Public Participation 8 Summary of Public Comments 8 Citizen comments not accepted 16 Description of affordable housing activities 16 RESOURCES 17 Federal, State and Local Resources Federal resources that may be made available 9 9 State resources that may be made available 9 Local resources that may be made available 10 PROGRAM SPECIFIC REQUIREMENTS PY08 Allocation of (F,I13G funds 11 PY08 CDBGactivities to benefitLNII persons 12 City of Meridian, Idaho 2008 Action Plan OBJECTIVES, ACTIVITIES, & MEASURES 13 PYW Priority l; C,ommunily ` Environment 13 Annual community improvement objectives 13 Desgt'ipiion of coma' ngit , improve activities 13 Geographic allocation of community improvement investments 14 1�N1ber, type of families than wl benefit from!,I0dmmunity improvement activities 14 Specific community improvement objectives and priority needs 14 i� accomplishments, otDx04me measures, and target dates 15 Reasons for these allocation priorities 15 Obstacles to a4oressing undersei, eO needs 15 PY08 Priority #2r Affordable Housing Annual affordable housing objectives 16 Description of affordable housing activities 16 Geographic allocation of affordable housing investments 17 Number and type of families that will benefit from affordable housing activities 18 Specific objectives and priority needs 18 Reasons for these allocation priorities 19 ' Proposed affordable housing accomplishments, outcome measures, target dates 19 Obstacles to addressing underserved needs 20 Affordable housing 20 Coordination with housing and social service agencies20 _ ' Public housing 21 City of Meridian, Idaho 2008 Action Plan Homeless and other special needs activities 22 Barriers To Affordable Housing 23 PY08 Priority #3: Economic Development Annual community improvement objectives 24 Description of community improvement activities 24 OTHER ACTIONS Institutional structure 25 Enhancement of Coordination 25 Monitoring 26 Subrecipient Monitoring 26 APPENDICES Appendix A: Maps 28 Appendix B Tables 32 Appendix C: Certifications 46 Appendix D: SF 424 Form 59 City of Meridian, Idaho 2008 Action Plan 0 Tod���,�,�t19�sv C � lis 2008 Program Year Action Plan Purpose of this Document: The City of Meridian has been designated as an entitlement comanunity, by+ the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to ,directly receive funds from HUD's Community Development Block Grant (C!3DG) Program. ij e2008 program year will mark the City's second year as an entitlement Community. Federal regulations (24 CFR § 91.200(a) and 91.220), taquire the City to submit an action plan annually. The plan describes how the CDBG funds will! be investedin the community for that program year. This action plan was developed with a strong emphasis on community input, following the Citizen Participation Plan set forth in Meridian's!;eonsolidated plan. Through this planning effort, the City has prepared the following strategy, wliic will guide eligible activities beginning October 1, 2008 through September, 30,,2008. City of Meridian CDBG Program Mission Statement* In accordance with the stated overall goal of the CDBG prortn, as set forth in 24 CFR § 91.1(a)(1), the City's, nnissiofi,,is, to utilize CD11Q'funding to develop viable urban communities by providing decent Housing, providing a suitable living environment, and expanding economic opportunities principally for 16w1tiioderate income (LMI) persons. The City's primary means toward this end shrill be to extend and strengthen partnerships among all levels of government and the private sector,' jjqolnding" for-profit and non"- profit organizations, in the production and operation of affofdable homing. Consolidated Plan: A consolidated plan must be submitted every 3 to 5 years in order to receive federal funds from the ,5. Department of Housing ate` ''1Uban Development (HUD). The Consolidated Plan is designed to be a collaboriiti�e process where a community can scrutinize its current situation and establish unified vision ,f r community development actions. It provides local jurisdictions a venue to shape; various ho'uoing and community development programs. The City of Meridian's Consolidated Ply spans program years 2007 through 2011 and addresses the community's most critical housing'400 community development needs. Action Plan: For every year identified in the Consolidated Plan, the City of Meridian is required to prepare a one-year Action Plan to notify citizens and HUD officials of the City's intended actions to occur during that specific year. This action plan identifies the goals and objectives the City hopes to achieve from October 1, 2007 through September 30, 2008. City of Meridian, Idaho 2008 Action Plan L (f � pp 0 0 CAPER: At the end of each program year, the City of Meridian is required to prepare a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year's accomplishments. This information allows HUD, City Officials and the general public to evaluate the City's performance and determine whether the activities undertaken during the year helped to meet the City's five-year goals and to address priority needs identified in the Consolidated Plan and the Annual Action Plan. Ths,`lannual performance report, prepared with public review and comment, must be submitted,, to HUD `annually no later than December 31. Program Year and Submission to HUD (24 CFR §§91.10; 91415) The City's CDBG program will be administered on a program, year running frarn;October 1 to September 30. In Compliance with 24 CFR § 91.15(a), and in order to facilitate continuity in its program and provide accountability to citizens, the City shall submit this action plan nQ;later than August 15, 2008. The City shall submit on an,a0nihal basis; a summary of its ciria participation and consultation process, its annualaction Milan, and ceitifications. At least every five years, the City shall submit a housing and homeless meds assessment, market analysis and strategic plan. City of Meridian, Idaho 2008 Action Plan • Executive Summary (24 CFR § 91.220(b)) As an Entitlement Community, the City of Meridian will receive funds each year from the Community Development Block Grant (CDBG) Program. Program Year 2008 (PY08) funding for the City of Meridian is anticipated to be $237,789. This funding will be used to fund priorities within the HUD performance measurement system to, respectively; (1) create a suitable living environment for Meridian residents, (2) Provide Decent Housing foir'Meridian residents and (3) Create Economic Opportunities for Meridian residents. Specifically for PY08 Meridian plans to invest its funds into: completing public facility improvemerlts for the Meridian Senior Center and Boys and Girls Club, purchase a vacant lot for affordable housing, work with other agencies to provide accessibility for affordable housing, improve'code e4bir oment throughout Meridian's LMI (low/moderate income) areas, promote cleanup activities in the[identified LMI areas and administer and plan CDBG programs. These activities will focus on improving the lives of LMI individuals and families. Under the exceptional criteria, Meridian has three census blocks eligible to qualify as LMA (low/moderate income areas) which include Census 'Ii*t 10322, Block Group 1 (45% LMI), Census Tract 10322; Block Group2 (72.05% LMI),;,and Census Tract 10321, Block Group 2 (46.1% LMI). The City Will!be responsible for implementing the designated programs and completing the el'igib,le activities in cooperation with other entities and organizations in the reg(on. Summary of PY OS Objectives and Outcries' (} SFR §91.220(b)) In Program Year 2008, the City intends to infest its �TBG finds according to the following priorities PY08 Priority #1: Providing a Suitable Living Environment (Community Imptovement) PY08 Priority #Z; Aff dable Housing (Pttwiding Decent Housing) outcomes that the City will pursue within these priorities 1mProvement $80,000.00 GOALS: Support neighborhood revitalization activities in Meridian's LMI Areas that promote public health, safety and welfare ANTICIPATED o,*bMES: 1. Two code enforcement cases for Meridian's three LMI Census Block Areas will be opened and resolved 2. One neighborhood clean-up or improvement activity 3. Five residents of Meridian's LMI Areas demonstrate increased awareness of social and human service providers and programs 4. Design gymnasium for Meridian's Boys and Girls Club so they can extend their services to LMI residents WROW City of Meridian, Idaho 2008 Action Plan . !,MINI1 I r 4 5. Improve Meridian's Senior Center PY08 Priority #2 Affordable Housing $110,000.00 GOALS: 1. New Affordable housing: Facilitate the creation of new affordable, symptoms, and 5. Increase awarei iarc ams. PY08 Priority #3 Liconomi Developme of affordable homeownership opportunities and $0.00 GOAD; Improvo econoinic co Jib's in the Meridian Urban Renewal Area by address",slum and blight. WICIPATED OUTGO , S: Partnetship with the Meridian Development Corporation to target businesses that will fit well with Meridian's downtown revitalization vision. 2r' The City will support the efforts of the Meridian Development Corporation to implement the Urban Renewal Area Plan in revitalizing downtown City of Meridian, Idaho 2008 Diction Plan n single family, multi -family, and special need; housing through partnerships with non-profit organizations and private developers. 2. Existing affordable housing: Help prescive, existing affordable housing stock and the long-term affordability" of single-family and rental units for LMI persons. 3. Affordable home ownership: Improve affordablyhomeownership opportunities for low income' families. ANTICIPATED OUTCOMES: 1. Partner with Boise City/Ad,4,County Mousing Authority to implement Section 8 Vouchers to provide affordable housing opportunities ($50,000) 2. Partner with Meridian School District and Boise City Habitat for Humanity tb buy a vacant lot to build at least one affordable housing unit ibr iMl,clientele. 3. One Fair Hottging aw' epess activity 4. 20) persons educated on lea&" based paint hazards, precautions, symptoms, and 5. Increase awarei iarc ams. PY08 Priority #3 Liconomi Developme of affordable homeownership opportunities and $0.00 GOAD; Improvo econoinic co Jib's in the Meridian Urban Renewal Area by address",slum and blight. WICIPATED OUTGO , S: Partnetship with the Meridian Development Corporation to target businesses that will fit well with Meridian's downtown revitalization vision. 2r' The City will support the efforts of the Meridian Development Corporation to implement the Urban Renewal Area Plan in revitalizing downtown City of Meridian, Idaho 2008 Diction Plan n 0 ! Evaluation of the City's Past Performance (24 CFR § 91.220(b)) The City has successfully applied for and received the following CDBG grants through the Idaho CDBG Small Cities Program. Awarded Amount Project Status 1985 $272,697 Revolving Loan Fund Closed Out 1985 $4,388 Renovate Senior Center Closed Out 1987 $5,000 Renovate Senior Center Closed Out 1988 $400,000 Public Infrastructure Closed Out 1991 $400,000 Downtown Revitalization Closed Out 1995 $52,000 Renovate Senior Center dosed Out 2004 $100,000 Renovate Senior Center Clo'''sed Out 2006 $52,900 Renovate Senior Center Closed Out 2006 $250,000 Job Creation Closed,Out 2007 $230,544 CDBG Processing Summary of the Citizen Participation Process (24 CFR §1220(b)) The City of Meridian has a thorough and extensive community process that is employed for all projects. The City seeks to include the input of Meridian residents in all ,hases and aspects of its Community Development initiatives, from ",the initial planning, to projectand program implementation to the reporting and assessment of accomplishments, The effectiveness of this process is essential in delivering proper services and'programs to pity residents, while ensuring that the overall direction of the C,DBG program is consistent with residents' expectations and is responsive to neighborhood concerns. A summary, of this process is presented below as identified in 24 CFR § 91.220(b). A complete copy of the Citizen Participation Plan can be found in the Appendix submitted with,the original Consolidated Plan. Participatfion The City"encourages citizen participation in all stages of the planning process. From the drafting ofthe Consolidated plan to the filing of the annual Performance Evaluation Report the City hosts Pub is Meetings, provides;,draft copies of "the Plan before submission, accepts and incorporates citizen input and feedback, and holds `special public hearings whenever any substantial amendments are made. The City also works in an on-going capacity with key non-profit organizations in encouraging the participation,pf the citizens they work directly with, including many of the low and moderate -income residents who are the primary targets of our HUD funded programs. Bi -lingual services are available"for those who request them. Public Meetings The core of Meridian's Citizen Participation Plan occurs during public meetings. Meridian CDBG staff hosts three public meeting during each phase of the funding cycle; one in preparation for the Consolidated Plan and its annual update through the One -Year Action Plan, one in conjunction with obtaining approval of the draft plans and the third is held in conjunction City of Meridian, Idaho 2008 Action Plan t i 666 t { £� € t �. g;,-.: i 5 u.. 1 i ya.,. L t ° #f . ' , i with the City's approval of the draft Consolidated Annual Performance Evaluation Report. These meetings give the residents an opportunity to comment on all aspects of the CDBG program's administration, as well as all substantial activities undertaken by the City. A public meeting is also held when any substantial amendments are made to the Consolidated or Action Plans. For all public meetings concerning CDBG, the City runs an advertisement in the local newspaper, the Valley Times and the regional paper, the Idaho Statesman, t d weeks prior to the meeting. The notice includes information about the availability of draft and final Plans. Access to Information The City has all Consolidated Plan, Annual Action Plan and Consolidated Annual Reports available for viewing. The City makes these plans and repprt;available on its:'iwpbsite convenient for on-line viewing, downloading and printing. The planscan be found at http://meridiancity.org-/planning zoning/community dvelopment/index.asp or http://weblink.meridiancity.org/weblink7/Browse.as�x� „ Draft versions of all plans are available before they are approved and submitted to HUD for citizens, public agencies and other interested parties to view' and comment upon. Copies of final and draft reports are available for free at the City's Planning Dep rtment. Requests for access to specific information must be made in advance and coordinated with City personnel. The City staff is also available to persons oz'interested parties who require technical assistance in understanding the Plan, the preparation of comments agd,the preparation' for requests of funding. This availability and responsiveness is also employed in �hi4idling and responding to whatever reasonable complaints are trade concerning the Plan and its undertakings. PY08 Process Several collaborahVe meetings Were held among City staff to identify potential projects that would meet the goals tdntified ''the City's five yeax strategic plan. Due to staff transition and plan amendments, official appr6w4;lrom-IUD was:bbtained in January of 2008. The City began its process,tp develop its PiOg,, Action Pi6 iin"F,�6ruary. On February 28, 2008 City staff had a meeting to discuss the 2007 Action Plan implementation and ideas for PY08. Notice was published in` both the Id'd ,a Statesman and local Valley Times on April 16, 2008 noti ug Meridian resid'ent� of the Town Hall Meeting to discuss the development of the 2008 Actioit Plan. In addition to, the public hearing notice, a press release was sent to the Idaho Statesmkn,; Valley Times, and the Spanish Tu Mirada magazine. Flyers were posted at the Meridian Plannng Department, Meridian City Hall, Meridian Senior Center and Meridian Public Library. Two people attended the town hall meeting on April 30`b to express their ideas and obtain a better undotshlnding of the CDBG program. There was interest in economic improvement opportunities for smaller businesses. Those ideas were noted and will be researched for feasibility with CDBG funds. Staff met with multiple non-profit entities as well as other CDBG entitlement communities to learn about ideas and projects that have worked well in the past. On March 21, 2008 staff met with Boise City's Community Development Program to discuss projects and ideas that would be City of Meridian, Idaho 2008 Action Plan • 71� beneficial for the City of Meridian. Boise City suggested a good use of funds would be to ensure handicap accessibility throughout the city. Jennifer Nye -Yost, Administrator for Nampa's CDBG program, attended a meeting at the Meridian Planning Department to discuss other options. Jennifer suggested that a meeting with Boise City/Ada County Housing Authority (BCACHA) may provide some ideas on direct homeownership assistance programs. She was also helpful in interpreting. UD, guidelines and administrative procedures. On April 10`h a meeting was held with the Boise City/Ada County Housing; Authority (BCACHA) to discuss programs and other collaborative functions that wou d';benefit both the City and the Authority in creating affordable housing. BCAGJA 'informed City staff of their role and responsibility in accordance with Idaho Statute d their goals and objectives. There was some discussion on the role BCACHA has taken with regards to other HUD h6o* ownership programs. April 15, 2008 City Staff had a meeting to discuss potential projects ranging from creating better sewer systems to developing relationships with nonprofit eniilxes, to construct affordable housing. Additionally, the City attended the following meetings to discuss development of the 2008 action plan draft and community needs: • City Staff February 28, 2008 • City of Boise Community Development 1Vlarph' 21, 2008 • Nampa C'otntrtnnity Development March 25, 2008 • Boise City/Ada`'Co' ty Housing Authority April 10, 2008 • City "�t f, Mayor Representative April 15, 2008 • Town ball Meeting April 30, 2008 • Meridian `Sommir`Center May 6, 2008 • Meridian De'"elOpment Corporation May 14, 2008 Fpllowing these opportunities for con'ampnity and citizen participation, the City, in compliance ivitl'the Citizen Participation Plan, held a public hearing and provided a 30 -day public comment period on the draft Plans.' The following timeline describes the chronology of Citizen Participation Plan events prior to the receipt of the Plans by HUD. • Published notice, Valley Times, to announce the development of the draft proposal April 3%"2008 April 16, 2008 • Published notice, Idaho Statesman, to announce the development of the draft proposal April 30, 2008 April 16, 2008 • Town Hall Meeting April 30, 2008 • Published notice, Valley Times, to announce the availability of the draft proposal June 10, 2008 June 11, 2008 • Published notice, Idaho Statesman, to announce the availability of the draft proposal for review June 10, 2008 June 11, 2008 City of Meridian, Idaho 2008 Action Plan § t a i. if f F i IJ x ^ j(P i 0 • Draft plans available for review June 10, 2008 — June 24, 2008 • Public hearing June 24, 2008 • Public comment period June 24, 2008 — July 25, 2008 • City Council resolution adopting Plans July 29, 2008 • City submitted Plans to HUD August 5, 2008 • HUD received Plans August 15, 2008 Summary of Efforts Made to Broaden Public Participation (24C 91.200(c) and 91.220(b)) As set forth above, the City undertook the following efforts tb broaden citizen''p#ticipation: • Distributed press release to Spanish Tu Mirada "magazine, Idaho Statesman and; The Valley Times. • Distributed Town Hall Flyer to Meridian Planning Department,, Meridian City Hall, Meridian Senior Center and Meridian Public Libr*. • E-mailed and mailed press releases to agencies and organizations representing minorities. • Published notice in Idaho State �2tznand the Valley Time Summary of Public Comments (24 CFR 91100(c))„ Comments were provided for the development of the200adibn,plan in the April 30, 2008 Town Hall meeting. Only two,individuals showed up to the meeting to participate in the planning process. One member was ihWrested in potential opportunities for economic development for small businesses within the downtown area. Whilp4his is definitely something the City will consider as it continues, to disburs( CDBG funds, the, City is concerned about the administrative costs needed to undertake such a project. The City will look into undertaking this activity for Program Year 2009. No'oth,� comments , rater sts were advocated at the public meeting. The City continued to focus on adtiessing the CorhirYents iterated through the development of the City of Meridian, Idaho 2008 Action Plan Resources Federal, State and Local Resources (24 CFR § 91.220(c)(1-2)) At this time, CDBG and City general funds are available to support program activities. The City does have plans to pool money from Meridian Development Corporation and BCACHA to achieve maximum results for their goals and objectives. The following funding sources have been identified as resources to help address the needs of low/moderate ncome (LMI) individuals and families. Some of these resources may be directly leveraged to help, fund CDBG eligible activities, in which case all HUD regulations and requirements regarding tn'atching will be satisfied, pursuant to 24 CFR § 91.220(c)(2). While other resources may not be able to contribute directly toward a CDBG eligible activity, they ma:%be able to provtd� assistance and support programs. These leveraged funds will be trached' and documented as part of the monitoring compliance. Federal resources that may be made available (24 CFR 4 �2-1 220(c) 1)Z 0 U.S.1)epartment of Health and U.S. Department of Housing and Human Services Urban Development: U S. Department of Education - Section 8 Housing Choice Federal Housing Administration Voucher Program Homeownership Program - HOME Investment Partnership Fannie Mae Program ederal Emergency Management - Emergency Shelter Grant Administration - Housing Opportuniis for U.S. Veterans Administration Persons with AIDS State resources that maybe made a+y able (24 CFR § 91.220(c)(2)) Idaho County Fou�n Idaho Department of Health and ■ Idaho Housing and Finance ;%, Welfare: Association - Community Services Grant + Idaho Department Of, Education - Family and Child Services • Idaho Department of, Environmental - Public Health Services Quality Idaho Assctc�ation of - Domestic Violence Grant Mortgage Brokers, - Idaho Children's Trust Fund ■ Idaho Depneht of Agriculture • Idaho Office on Aging ■ State Tax C"tea `ts ■ Idaho Department of Justice City of Meridian, Idaho 2008 Action Plan 9 Local resources that may be made available (24 CFR § 91.220(c)(2)) ■ Meridian General Funds ■ Meridian Development Corporation ■ Ada County Association of Realtors ■ Boise City/Ada County Housing Authority ■ Neighborhood Housing Services 13 Boise Valley Habitat for Humanity ■ Supportive Housing and Innovative Partnerships • El -Ada Community Action Partnership ■ United Way ■ Faith -based Organizations ■ Local utility companies ■ Individual and Business Donors ■ Civic Organization Donations ■ Volunteer in-kind services City of Meridian, Idaho 10 2008 Action Plan Program Specific Requirements (24 CFR § 91.220(1)(1)(i)) In PY08, the City of Meridian expects to spend its funds to benefit low and moderate income persons or households specifically addressing the LMI National Objective. The City is allocated $237,789 to spend during PY08. The City plans to spend these funds on the following activities. OBJECTIVES Suitable Living Environment: $80,000 ACTIVITIES: ■ Open and resolve two (2) code enforcement cases fdt` Meridian LMI areas. ■ Improve Meridian's Senior Center Facilities. ■ Improve Meridian's Boys and Girls'ClubFacilities. Affordable Housing: $ 110,000.00 ACTIVITIES: ■ Work with BCACHA to provide grants to;low income families to become homeowners. ■ Purchase vacant lot for non-profit to buil&49me for low income families. Economic Opportunities: $0.00 Administration: $47,557.80 ACTIVITIE ■ Over'see, and coordinate inter -jurisdictional and inter -agency rules. ■ Assist M4 or in the development and implementation of the Affordable Housing T ok Force. ■ Ebsure compliance with the Often Participation Plan. ■ Preparepki .1m budgets, schedules, and any amendments. ■ Morlittgr„evaluate, and element audit results regarding the program. �► Prepare reports and documents for submission to HUD. + I evelop agreements to carry out program activities. ® C aplete training and other educational programs to enhance the CDBG adfWrlistration process. ■ Assist in regional and community activities that promote awareness of fair housing and other important programs relating to CDBG. City of Meridian, Idaho 2008 Action Plan 11 } F 3P,tj ; y$ s s { i tx' 0 • Total Allocations: Affordable Housing $110,000.00 46.26% Community $80,000.00 33.64% Improvement/Suitable Living Environment Economic Development $0.00 0% Administration $47,557.80 20% TOTAL $237,557.80 99.9% PY08 CDBG Activities to Benefit LMI persons (24 CFR § 91.220(1)(1)(iv)) All PY08 activities identified in the PY08 Action Plan totaling $2,37,558.00 will be used to benefit LMI persons. The locations of some of the affordable i� using activities have yet to be determined due to the nature of the acti city. However, all housing activities will benefit LMI clientele. Facility improvements to the Meridian Senigr Center' 4001;oys and Girls Club will benefit low and moderate income clientele. The service centers thernsel'vesiare located within Meridian's identified LMA. However due to the nature anc, openness of t4 it"§ervices, they attract clients from all over the city. While tb s,,disqualifies the centers as a LMA service area, their clientele is predominately LMT persons. Code enforcement acitAties will occur within the designated LMI census tracts: Census Tract 10322, Block Group 1 (4$%,1,FII), Census Tract 103!22, Block Group 2 (72.05% LMI) and Census Trait 1031, Block +G�ro,aup 2 (45.1% IP1�Tj Maps of Meridian's LMI„Census Traits are found in Appendix A. City of Meridian, Idaho 2008 Action Plan 12 • 0 Objectives, Activities & Measures PY08 Priority #1: Community Improvement/Suitable Living Environment Annual community improvement objectives (24 CFR § 91.220(c)(3)) In the forthcoming program year, the City expects to achieve the commupity mprovement objective of supporting activities in Meridian LMI Areas that promoterieighborhood revitalization and public health, safety, and welfare. The City will tdcus its endeavors on improving public facilities that serve predominately LMI clientele ias well as code enforcement activities targeted towards Meridian's identified LMA census tr lcts. Description of community improvement activities (24 CPR $ 91.220(d)) During PY08, the City expects to invest CDBG funds, for the following projects: (1) CDBG funds will be used to fund the resolution of twh'oddQienforcement issues within Meridian LMI Areas. Due to Meridian's current economic structure it has few areas in which 51% of the residents are low and moderate income. CDBG law authorizes an exception criterion in order for such grantees to undertake arca 6euefit activities. Meridian's exception criterion is 45% which allows the City to focus on three particular census blocks ongiis Tract 10322, Block Group 1 (45% LMI), Census Tract It 322, llldek Group 2 (72.0 % LMI) and Census Tract 10321, Block Group 2 (46.1% LMI). These neighborhoods pont jn urge proportion of older homes within the community, The City will reduc'deteriorattdn of these neighborhood through proactive code enforcement activity, working with residents to enforce property maintenance standards, including those related to overgrown weeds and vegetation; inoperable vehicles; junk, litter, and debris; open or vacant buildings; illegally,parked vehicles; and graffiti. (2) Secondly, in PY08, ftiuded by geli'evalf 44mrnistr4tion CDBG funds, the City intends to utilize and creatI l jhd partnersh,a to educdt& and ptomote available programs that further the health, safety, and welfare o ,the residents in LMI areas, including programming on fire protection, crime awareness and pfpvention, 40'4d -based paint hazards, youth development, senior services, substance abuse preven# 60' and treatu int, financial counseling, domestic violence, veteran's issue$; transportation, education, an&or employment training. The City will assist the Old Town residents to form and support neighborhood clean-up activities, including two annual clean-up days, Neighborhood Housing Services sponsored "Paint the Town" and "Rake the Town" events. (3) CDBG funds'will be; utilized to help renovate the Meridian Senior Center. The Center has struggled to find funding to address necessary updates to their facilities. During PY08, funding will be provided toAhe Senior Center to update their phone system and replace the old floors. The current phone system does not have voice mail or other modern capabilities. This hinders their ability to respond to public inquiries and function efficiently and effectively. Updating the phone system with modern features allows individuals better opportunities to access and utilize the Center's facilities. City of Meridian, Idaho 2008 Action Plan 13 3 1y PFt 3 , � 9� 7 i 3. '£ i � P . � 3 •� � Y �� i T F j �} €� � � t. � 8 � '* i m� jt t'' i=t it s if F 7 it • 0 (4) In PY08 CDBG funds will be used to design the gymnasium for the local youth center facility. The Boys and Girls Club provides recreational and other services to children in need throughout the City of Meridian. While these services are available to all Meridian residents, the fee structure of the Boys and Girls Club targets the low- and moderate- income children of the City. Code enforcement activities will target the identified LMI census traits, As stated above, under the exceptional criteria, Meridian has three census blocks available" for" J i funding: Census Tract 10322, Block Group 1 (45% LMI), Census Tract 10322, Bl"i Group ';,,(72.05% LMI) and Census Tract 10321, Block Group 2 (46.1% LMI). Clean up activities that occ-, ;through non- profit or other city activities will be targeted in these areatg as well. There are no areas of minority concentration in Meridian as defined by federal standards. The Meridian $ ruor Center and Meridian Boys and Girls Club conduct a broad' ranp of activities and services for Meridian residents. However, the large majority of theirQnsumers are low and moderate income persons. Therefore, although individuals who uselhese,seivices may reside outside the identified census blocks, they qualify under the federal stand�ds of low and moderate income clientele. 91.220(d)) A majority of these community improvement conditions and improve'�enerahneighborhood targeted by this actJVrty rather'ifi4n the persons wl families that will bcnpfit from tits, ac objectives, however, one may sup w or a large number of, the iMO hnusl Block Gxqu 2� Census Tract 1;0322, (accor'ding"to �ens4$$ X000 dat4), Tne,Senior Center servos1approximb: ay is unxr that these Ids. (5.351 is ities are desz ned to address physical lity. Because the conditions themselves are ) will benefit, the specific number and type of ►wn. Due to the general nature of these ctivities will directly or indirectly benefit all, njividuals) residing in Census Tract 10322, 1 and Census Tract 10322, Block Group 2 15 elderly a day. The City'sfteotest community improvement need, and therefore the City's highest community improvement ptiprxty in, PY08, is neighborhood revitalization activities in the LMI census tracts. In PY08, through partnerships with service providers, this priority need will be addressed through the City's plans to invest CDBG funds into reducing deterioration of this neighborhood through proactive "code enforcement activity, addressing overgrown weeds and vegetation; inoperable vehicles; junk, litter, and debris; open or vacant buildings; illegally parked vehicles; and graffiti. The City recognizes an unmet need in regards to its senior citizens. CDBG funding will be utilized to replace the deteriorating floors in the building and to update the archaic phone system. City of Meridian, Idaho 2008 Action Plan 14 '. ' 111111 I` ,t • The Boys and Girls Club will also be a recipient of CDBG funds to help in the design of the gymnasium for the new center located in downtown Meridian. While the Boys and Girls Club opens it doors to all children within the area, due to the nature of its services, the predominate users are low and moderate income children. The current facilities can no longer house the influx of interested participants and so the Boys and Girls club must expand to address this pressing need. CFR H 91.220(d), 91.220(e)) The anticipated outcomes and target dates of these activities are as,follows. • Two (2) code enforcement cases for Meridian's LMI areas will be opo' rod and resolved by September 30, 2009. • One neighborhood clean-up or improvei'rt activity will be accomplished by September 30, 2009. ■ Senior Center will have new flooring bar September 30, 2009 ■ Boys and Girls Club gymnasium will be ri4 lgned utilizing CDBG funds by September 30, 2009 ■ Senior Center phone sy'st�rii,will be updated b+y�, gptember 30, 2009 • Five residents of Census Tragi 632; $Jogk 2 will demonstrate increased awareness of social and human servic�e'prov�r�and:;p'rograms by September 30, 2009. "' During the many public meeting$, conducted during the planning stages, residents expressed the desire for a neighborhoo�d�' �§Q,ci�.t1Ca enoouragg, Cohesion and community spirit, education on neighborhood Wl at,ch prograrsand increasedpublic safety to prevent and deal with crime, and City-orgamzed cloactiviOd' s and enforcement activity to address code compliance issues. Comments provided by ctjzens in the' development of the PY07 action plan and during the 30- day, 0- day pbtic comment peri�d',bn the P'Y 07 draft action plan demonstrated the community's opinion that there' is a need for these'community improvement activities in Meridian, particularly in the LMI income iareas. Although advertized and published, only two residents participated in the development of the PY08 fiction plan. The City believes that the needs identified by constituents in the 2007 ConsolidatedPlan are still of concern and is continuing similar efforts for this year. CDBG investments in community improvement activities will address the following obstacles to meeting underserved needs in Meridian: City of Meridian, Idaho 2008 Action Plan 15 r� 4 IV i � x pp t ' J [[k S�. t �� f 0 O • Need for expanded code enforcement activity to educate home occupants regarding, and addressing, noncompliance. • Need for additional education and training opportunities leading to new employment. • Lack of a neighborhood association in Census Tract 10322, Block Group 2 and surrounding neighborhoods. • Lack of information about social services and supportive programs. • Need for expanded facilities to address Meridian's growing popu on and deteriorating infrastructure. PY08 Priority #2: Affordable Housing Objectives (24 CFR The City expects to achieve the following affordable housi#tg objectives during t, forthcoming program year: • Facilitate the creation of new affordable, single-family, multi -family and speelal needs housing through partnerships with non-profifo�g4nizations and private developef • Help preserve existing affordable housing stock ai d;„the lo#g'4erm affordability of single- family and rental units for LMI persons. • Improve affordable homeownership opportunities for lour income families. • Educate the public, businesses, nonprofit entities, etc. on *a rdable housing issues and opportunities. (1) The City expects to facilitate the creationof Jae v affordable single-family, multi -family, and special needs housingi'tiirough,,' tir nerships with fon-profit organizations and private developers by implementing the Affordable Housing Task Force (AHTF). In a direct effort to increase affordable housing stoc], the City','�also intends to provide Boise City Habitat for Humanity approximately $60,000 to purchase vacant lot to build affordable housing unit(s). The A01iwill 4ssist the City i}> developing a” Working plan to meet these and other affordable housing needs within the community, identifying new development projects (both owner and rental) and potential s'otrqes of fund g for such development. These projects will include the investment of CDBG funds for housing` activities as well as continue the search for a HUD Dollar Home. Like many oYC es in the west, Meridian has experienced phenomenal growth. With this growth come many benefits and difficulties. Short supply and rapidly escalating prices and rents have'm* it extremely difficult for families to find suitable housing within Meridian's city limits. In the 2008, state of the city address Mayor de Weerd stated "What I imagine for our future is a more pros pearous city for all citizens; with better jobs to support our families; affordable housing�'� '[',shelter us..." In establishing this affordable task force we answer that challenge and make Meridian a city that will provide ample housing opportunities for its inhabitants. The Boise City Habitat for Humanity is a non-profit, ecumenical Christian housing organization, committed to helping local residents earning a low-income to finance and construct their own affordable homes. They work in partnership with families, who invest hundreds of hours of City of Meridian, Idaho 2008 Action Plan 16 Vi t I F f p • "sweat equity" labor into building their own homes and the homes of others. Utilizing volunteer labor and donated or discounted materials they are able to build safe, simple, decent, affordable housing in Ada County. The homes are then sold to qualifying low-income families. Last year the Meridian school district joined forces to construct the first home in Meridian. We intend to promote this partnership again in the PY08 action plan by providing funding for Boise Habitat to acquire a lot in Meridian. (2) Second, during the 2008 Program Year, the City expects to foster pd maintain affordable housing (through the activities of the AHTF) that preserves existing kdable housing stock. AHTF will continue to assist the City in developing a working pIati to ad this need within the community. (3) Third, in the forthcoming program year, the City expects to improve affordable homeownership opportunities for low-income familips'through inter jurisdictional faikhousing awareness activities. This includes participation in r4' "" al affordable housing groups, bo ; s, and committees along with other local governments tookomote housing opportunities for individuals and families. The City of Meridian will align w" other fair housing organizations to gain information and build partnerships,; work in partnership with the cities of Boise and Nampa to conduct, sponsor, or co-sponsor one activity that increases th6awareness of fair housing within the community; and provide infortn4tiOit and referral to housing, counseling services (as provided by IHFA, BCACHA, NHS, SHIP ,and Ei-oda), first time h' 6yers assistance, and accessibility improvement grants. Boise City/Ada County ,Hqus�ing Authority (BCAC,IiA) was established in 1967 under Idaho statute. It functions aa., a'girair,governmental entity authorized to perform essential governmental functions. They are 4uthorized�Wperform a variety of activities some of those include direct homeowner assis(aticO' activities 0' qualifying families, The City intends to provide $50,000 of CDBG funding for BCACHA tq,elp buy down mortgages, pay closing costs, assist in down payments and other viable borecsvcrrhtp prggratris allowed by HUD. �r Additionally, pursuant to 24 C"R §, 91.220(k), the City will continue to inform and educate the general public, non ptq�t agenci A and the private sector housing industry about the dangers of lead; based paint. The City's Planning and Building departments will work with homeowners, landlords, developers, contractors, and builders in facilitating building permits. Any work to be proposed n residential dwp1lings built prior to 1978 will trigger City staff to distribute informatrdri;on lead-based paint hazards, precautions in dealing with lead-based paints, and symptoms ar I'ead poisoning. Questions and concerns relative to lead-based paint testing and assessments will ,be referred to the Idaho Department of Health and Welfare's Indoor Air Quality Program, which is thO state agency responsible for dealing with health hazards related to lead- based paint. The City will, as necessary, coordinate its efforts with the Indoor Air Quality Program. Geographic allocation of affordable housing investments (24 CFR $ 91.220(f)) City of illeridian, Idaho 2008 Action Plan 17 l' lr ? `i f F g## 0 0 Meridian contains the following Census Tracts: 10310, 10313, 10321, 10322, and 10332. According to Census 2000, only Block Group 2 within Census Tract 10322 meets HUD's 51% or more LMI criteria, listing this Block Group at 72.04% LMI. However, Meridian qualifies under the exceptional criteria category, which allows it to add two additional Census Tracts; Census Tract 10322, Block Group 1 (45% LMI) and Census Tract 10321, Block Group 2 (46.1% LMI) A map of these Census Tracts may be found in Appendix A. As set forth above, there are zero areas of minority concentration in Meridian. While there is no guarantee that families receiving BCACHA assistaui ��� will buy within these areas, they will qualify based on income status. Additionally, although ''19bj a Habitat may not be able to purchase a lot in the identified LMI areas, families must x� fy, to be considered as future homeowners. Therefore the plan will meet the needs;,of ILMI clientet 91.220(d)) The AHTF will, in time, be positioned to target the segmei'tts of the Meridian community most in need of affordable housing, however, during the AHTF's ina� Tal year it will primarily be dedicated to identifying priority needs and strategizing to meet these needs. For this reason, the number and type of families that will be from the PY08 activity,is„currently unknown. The City intends to help at least five families buy hoiries,,,xhrough the use of BCACHA as a subrecipient of CDBG funds for direct homeownership' asst<s't4npe. The funds provided to BCACHA will be used fora variety of activities s, ' as bu}nii$; ddwn the mortgage, down payment assistance, closing ` ts, etc. The City will heli st least one fatktily afford a home by providing CDBG funds for Boise Habitat for Humanity to acquireone lot. The inter- ' 'sdiptional fair housing awareness activities are projected to benefit several people. The Ci,i goal At at at least duo„families will demonstrate an increased awareness of affordable homeov t040p opportuvities and programs through the City's educational efforts. The, City of Meridian eX cts to becc jn an active participant on the fair housing forum which dise'u§es housing issues t4' rOpghout the state of Idaho. It is expected that 20 persons will be educated on lead-based paint hazards, precautions, symptoms, and laws through the City's efforts in PY08. The City's greatest housing need, and therefore its highest housing priority in PY08, is decent housing for large -family households, both in the identified LMI Census Tracts and citywide. In PY08, through partnerships with affordable housing partnerships, this priority need will be addressed through the City's plans to utilize CDBG funds to purchase an available Dollar Home, help Boise Habitat for Humanity acquire a buildable lot and provide funds for BCACHA to extend their service capabilities to provide direct homeownership assistance to low income City of Meridian, Idaho 2008 Action Plan 18 r d s ' aZ, 1,z �I 'a i• t }§€ a- n, 0 O families and/or individuals in Meridian. The City will also work, through the AHTF and through inter jurisdictional fair housing awareness activities, to educate and distribute information about affordable housing programs and opportunities to these types of persons. Reasons for these allocation priorities (24 CFR $ 91.220(d)) According to statistics from the Comprehensive Housing Affordability Strategy (CHAS) data, affordable homes for large -family households (families with five or mote persons) to buy or rent is a major problem. One hundred percent of large -family households wth income at 0 to 30% of the median income level have unmet housing needs, both as to rental and'owner-occupied units. Furthermore, even small families struggle with 75% of small family renters (l to 4) persons having unmet housing needs and 80% of small -family ownors m having unmet ho4sjtng needs. This demonstration of greatest need is the basis of the City's f4tionalb for targeting this category of priority needs persons as the top priority for affordaW'housing CDBG investments,`' While this statistical data has not been recently updated ly,a local ,study of comparable detail, it is clear that in Meridian, as in the entire region, housing eosts arc it significant problem, both for homeowners and for renters. Though the economy has slowed, 'and housing prices have somewhat declined, "housing prices continue to outpace wages around the state," affecting Idahoans trying to find a place to call hong (Idaho Housing and Finance, April 2008). Poverty rates have increased over the last five years, ai'i&i he�subprime loans tate4',with their adjustable- rate mortgages are all factors affecting hom owners4i Meridian. T46se economic conditions are a large reason why CBDG funding is beim allocatpi3'tkt 44drpss affordable housing. Consultation with com�unity pa,,rtners, including, Idaho Housmg and Finance Association (II3FA), Boise CitAda County dousing Authority (BCACHA), Neighborhood Housing Services (NHS), B0xso Valley Habitat for Humanity (BVHFH), Supportive Housing Innovative Partnerships (SHIP), EI -;Ada Community Action P*ership, cities of Boise (Housing and Community Development T)tv si6f ), Nampa (Com unity Development/Grants Department), Eagle, Garden City (GardenCity Urban RdO6 'Agency, and Community Planning Association of Southwest idan ► (COMPA$ ),.confirms that there is a need for affordable housing, both in Meridian generally arc within tiro t+dentified LMI areas, particularly for large, and for both ratters and owners. For the reasons, the City�nds that its resources and housing -targeted CDBG funds for PY08 will be most effectively invo"sted in providing, and/or working with community partners to provide, deeeztt housing fort ,Meridian residents. The anticipated outcomes and target dates of these activities are as follows: • The Affordable Housing Task Force will be implemented by September 30, 2009. • The City will have conducted/assisted one Fair Housing awareness activity by September 30, 2009. City of Meridian, Idaho 2008 Action Plan 19 0 • Two Meridian families will demonstrate increased awareness of affordable homeownership opportunities and programs by September 30, 2009. • Twenty persons will be educated on lead-based paint hazards, precautions, symptoms, and laws by September 30, 2009. • By partnering with BCACHA, five families will be able to obtain access to direct homeownership assistance and purchase a home by September 30, 2Q09 (funds may be extended into future years if necessary). • Help Boise Habitat for Humanity acquire one lot to build affordable housing by September 30, 2009. Obstacles to addressing underserved needs (24 CFR H 91.220( (k)) CDBG-funded activities in the priority goal category ofAffordable Housing will+cxk to address the following obstacles: • Escalating costs for rehabilitation and new construction (e ."limited availability of building lots, price increases in building materials`attd shortage of available construction trades). • Lack of credit -worthiness. • Lack of information about financial Assistance programs. • High adjustable-rate mortgages • Slowing economy ; The City will undertake, the following actions i. P Y`08 to address§ these identified obstacles: • The AHTF will discuss cOpstruction of subsidized housing units for LMI persons with non-profi,t';housing developers. • The City will ptpmote awareness of financial assistance programs offered by HIFA, NHS, BVHFH, $Q"ACHA 0 El -Ada Community Action Partnership. • The City will provide itlformation'rd ding local credit counselors and homebuyer education porams lhxough affordable' housing activities. The City will assist non-�Or6fit in locating and obtaining funding to promote their services to LMI Meridikt,atq sidents The City's Oorall goal is 0"Provide housing units that are suitable for any household, whether non -homeless, h9meless, or special -needs. In PY08, the City will focus on investing funds to increase opportu*ttes for homeownership by partnering with BCACHA and Habitat for Humanity. The City! opes to help five households afford a home through direct homeowner assistance programs and to help Habitat for Humanity acquire a vacant lot to build affordable housing. In PY08 the City does not intend to invest CDBG funds in the provision of rental assistance, production of new units, or rehabilitation of existing units. Coordination with housing and social service agencies (24 CFR § 91.220(k)) City of Meridian, Idaho 2008 Action Plan 20 In carrying out its affordable housing plan, the City will work in cooperation with the following private industry entities, non-profit organizations, community and faith -based organizations, and public institutions: • El -Ada Community Action Partnership • The Community Action Partnership Association of Idaho (CAPA ) • Neighborhood Housing Services (NHS) • Idaho Department of Health and Welfare, Division of Health, Bureau of Community and Environmental Health • Meridian Senior Center • Mayor's Faith Ambassadors Council • Idaho Housing and Finance Association (IIIA) • Boise City/Ada County Housing Authoritq (BCACHA) • Idaho Commission on Aging • Idaho Council on Developmental Disab�li#es • Boise City/Ada County Continuum of Cdw", • Boise Valley Habitat for Humanity • City of Boise, Planning and Development Servicd Department, Housing and Community Development biwision • City of Nampa, Departmeitt� `of ° Community Developrrtertt,,and Community Grants • Community Planning Association'a 'SiWhwest Idaho (COMPASS) The City will draw on the strej longevity and experienec; the willingness to partner with ane } The City will be awat"c►f, and delivery system, includifii a of efforts, and g curing a consist housing service proVf6 networking — and throe towarnl, the objective of Public hodsi 2g ( 4 CFI Boise City/Adkounty City of Meridian: )+I X Assessment System ("T above. of these established entiti6g,' inicluding their delivery systems, rehensive nature of coverage they provide, and their for the City in !housing -related CDBG programming. to minimize any' impact of, potential weaknesses of this it ongoing attention to communication, coordination of •earls of fxlding. The City will work toward overcoming ongoing communications, both by remaining visible in the V, - attending meetings, joining e-mail list-servs, proactively �, ,'; hith will invite these service providers to work together ;0ent and affordable housing in Meridian. Dousing Authority (BCACHA) serves as the housing authority for the considers BCACHA to be a "High Performer" under the Public Housing IAS") and because BCACHA has always received a score of 90 or BCACHA does not own or manage any public housing units in Meridian. Implementing a public housing program is outside the scope of the City's 2008 program. Pursuant to 24 CFR § 91.215(l), however, the City will implement its housing plan in coordination with BCACHA, and City of Meridian, Idaho 2008 Action Plan 21 t yt1ts t`iY� 9 :i` 2 SSi � X K C ll i it � F E � i ! Y (f 0 Q will also utilize the Affordable Housing Task Force to provide coordination between BCAC14A and other private and governmental health, mental health, and service agencies. Homeless and other special needs activities (24 CFR $ 91.220(i)) In PY08, the City's efforts to address emergency shelter and transitional housing needs of homeless individuals and families, to prevent low-income individuals anal 'to ties with children from becoming homeless, to help homeless persons make the transitio�''permanent housing and independent living, to address chronic homelessness, and to addte$s the special needs of non -homeless persons will occur within its partnership with the ,Ebise C#y�uAda County Continuum of Care (CoC) service providers. PY08 CDBG funds will not b� �#vested in activities specifically targeted to these objectives. The City will actives participate inooC to identify ways of supporting area housing providers' efforts to inciease affordable transiho al and permanent housing facilities. As additional information is obtained regarding homelessness within Meridian, the City will determine whether ,oel,,federal, state or local/private funds aa'n be leveraged with CDBG funding to effectively address the „needs within the community ift future program years. Barriers To Affordable Housing (24 URI 91.220(i Public Policies Impacting the Cost of Housing The Meridian Comprehensive Plan, March 20,98 Update `integrates the concerns and expressions of the community into a document that recommends how the tshould grow and develop. All legislative requirements specifically the Idaho Local Land Use!`Planning Act, are addressed in the plan. The components specified in the Idaho Code include: private property rights; population; economic developindot; community design; special areas or sites; natural resources; hazardous areas; schao ,facilities recreation; transportation; public services; facilities and utilities; land use; housiri$r impldmen'tattona„and any"other component, which may be necessary. Citizens, developer's, the Plannias,and Zoning Commission, as well as the City Council and other groups are all io,olved in questions of community development and have a primary responsibility to coordinate and dir&6t`t4 overall pattern of development activities within the comm, unity. The Plannin' and Zoning Commission and the City Council make development decisions concerning annexation, rezoning, subdivision, conditional use permits, zoning variances, a4d planned developments. Due to these responsibilities, it has been necessary for the City to imp lerimeut technical"guidelines and adopt policies which will provide the framework for resolving questigns relating to quality of life and physical development on an ongoing basis. The City continues to estaOlish long-range implementation items for coordinated and unified development of public improvement projects. Throughout this comprehensive planning and updating process, citizens affirmed that the goals, objectives, and action items contained in the plan were based on six key community values: • Manage growth to achieve high-quality development • Enhance Meridian's quality of life for all residents City of Meridian, Idaho 2008 Action Plan 22 } ' ti innnnk S b... • New growth should finance public service expansion • Prevent school overcrowding/enhance education services • Expand commercial and industrial development • Protect Meridian's self-identity After thorough evaluation and consideration of the elements of the 2008 Update, no specific barriers to affordable housing, controlled by the City, were identified. These considerations were relative to local tax policies, land use controls, zoning ordinances, building codes, fees and charges, growth limits, and policies that affect the return on residential investment. To preclude the development of potential barriers, the 2008 Update identified Goals; Okhjectives and Action items focusing on housing that will be undertaken during the next five years. Identified Barriers The primary reason identified for lack of affordable housing in Meridian is the significant growth in population, increasing the demand for housing units T3pusing aff©rdability has been restricted by: • Increased costs of land for new or infill development • Increased costs of building materials supplies • Increased costs of available labor • Increased costs of transportation • Increased costs of County tax assessments Strategy to Ameliorate Pdiriex`trl Meridian's Planri plans to guide grc Subdivision Or& coordinate, M`4th A" inforthation On '01 Dopartment often Works Dei School Disl nt serves as and the 1 ono an Deve; providers, the City will Action items nertainine )artmenCi leas primary responsibility for developing and implementing d devel6��ment, and administering the standards of the Zoning and ( ne pf the-'l1tr,, a ,� Aepartment's primary responsibilities is to 'id the City Couneil,40d the Planning and Zoning Commission with and dey6lopment issues. In fulfilling its responsibilities, the the coottnator between other service providers within the City, such as naent, Paris,Jl partment, the Police Department, the Fire Department, „I! old Sanitary Services Company (solid waste disposal). The Planning ffto the Planning Commission, the Historic Preservation Commission, pniOnt Corporation. Through these efforts and coordination of service potinue to implement the Comprehensive Plan's Goals, Objectives, and 61 affordable housing. The AHTF will also address the need for more affordable housing units, and Meridian's Planning Department staff will continue to utilize the resources of both the Regulatory Barriers Clearinghouse and HUD User websites to draw on important information pertaining to potential barriers to affordable housing that might effect developments. City of Meridian, Idaho 2008 Action Plan 23 { } Specifically, during PY08 the City will partner with non-profit and quasi -governmental agencies to create additional affordable housing opportunities within the City of Meridian. It will also work to establish good networking opportunities for businesses and residents interested in affordable housing issues. PY08 Priority #3: Economic Development Annual economic development objective (24 CFR $ 91.220(c=: In PY08, the City intends to promote economic develol Meridian Urban Renewal Area, thereby contributing to improve access to services and jobs for LMI persons,, or. Although no money is directly allocated towards achie intends to foster partnerships and work with businesses Corporation to make the community more attractive to In PY08, the City will not invest CDBG However the City does intend to partner they invest funds into the urban renewal City of Meridian, Idaho 2008 Action Plan improving conditions in the ity and inter -of &&V efforts to to address spot slum and bight. Lg specific economic goals, they' Yq the Megdian Development lire'ctly into economic a ,�lopment activities. th n support the endg4i o' rs of other agencies as and create lc�b opportunities for LMI residents. 24 Other Actions Institutional structure The institutional structure for the CDBG grant will change slightly for PY08. In PY07 the City Attorney's office was to oversee the implementation and monitoring of the,,aption plan and CAPER. However, due to recent changes, the Meridian Planning Department will be overseeing the administration, monitoring and implementation of CDBG activltiei`. The City Attorney's III office will still play an active role in ensuring the City's compliande wl�l federal regulations and the Citizen Participation Plan when appropriate. The Finance Department 'v�ill complete and certify all IDIS draw downs and reporting. City staff and officials from the Myoz's Office, City Council, the City Clerk's Office, Planning Department, Buildir g,Department,"P't"k,s,,and Recreation Department, and the Meridian Police Department will continue to work together to implement the activities set forth herein. During PYQ8 the City intends to utilize subi' icipient expertise to complete some of the projects. The subrecZpient monitoring structure is outlined below. Enhancement of Coordination The City will also maximize its CDBG ii enhancing coordination with established in implementing, the action plan by Private housing an1'dcial service agencies and programs to maximize the impact of its CDBG inv&s)ments, including: IHFA's Family Self - Sufficiency program, the United States DepaAment,,gfHealth a', (human Services' Head Start program, the Boise Citi/E#d vunty Continuumof Care, El-Aila''Community Action Partnership; the Comniumty A 'qn Partnership Association of Idaho (CAPRI); Idaho Department of Heath and Welfare, Division of Welfare and Division of Health, Bureau of Community and Entvitonmental Health; Meridian Senior Center; Boise City/Ada County Housing Authority (BCCHA)¢ Idaho, Commission on Aging; and Boise Valley Habitat for Humanity„ Coordination with these agencies will take place as appropriate in implementing the action plan. The agencies will ma nta n and open conduit of communication by attending both individual and iri*e agency meetings of these servioo providers, and by joining the Continuum of Care, Housing Resou pe, Group, and Treasure Valley Regional Housing Roundtable. Coordination will also occurthro,Ogh the Affordable Housing Task Force, the Mayor's Faith Ambassadors Council, and the Mayors;Youth Advisory Council, which will invite these service providers to work together toward the objective of reducing poverty by providing decent and affordable housing in Meridian. During PY08, the City is showing its commitment to enhance coordination with different key players by working with BCACHA, Boise Habitat for Humanity, the Senior Center and the Meridian Boys and Girls Club to address a variety of issues affecting the community. These partnerships will allow the City to leverage funds to utilize CDBG funds to their best use possible. City of Meridian, Idaho 2008 Action Plan 25 tr fif #ir l 1, 33 fit t 41 � f 1 �' $ k' �' 2' i � • �, � �. �. 8 E � 3 R ➢ t b � f 4k n Iq t' Monitoring (24 CFR § 91.230) As specified in 24 CFR § 85.40, the City shall be responsible for managing the day-to-day operations of their CDBG Program and ensuring that funds are used in keeping with program requirements. The three primary goals of monitoring are to: 1) ensure production and accountability; 2) ensure compliance with CDBG and other federal requirements; and 3) evaluate organizational and project performance. The City will maintain detailed records to enable staff, HUD, auditors 4d the public to determine the status of each funded activity, as well as overall pforam plrggress and status. To ensure compliance with federal regulations, including those rega`rgiing the ti, ,moliness of expenditures, staff will develop checklists and monthly reports for all prograiidsi d activities implemented by the City. Internal quarterly progress reports will also be produced, and provided to the Mayor and City Council. On this quarterly basig and then at program year's endthe City will conduct an assessment of accomplishments to, dat i.., These assessments will be irripeirat Ve in completing the Consolidated Annual Performance and ,�gluation Report (CAPER). The °City will follow the Citizen Participation Plan (see Consolidated Flan; Appendix A) in this process. Information will be entered into the Integrated Disbursement and Information System ("IDIS") database from monthly activity reports aodAhq, quarterly progress rgports. This vital information is tracked to record and then analyze how prof ctsi'are conforming to tt a Flan's priority needs, objectives and performance measurements. Subrecipient Monitoring The City of Meridian, as the grantee for CDBG grants, will monitor the subrecipients on a quarterly basis. Staff will maintain a close working relationship with the CDBG subrecipients. One benefit of being a small entitlement community with a limited grant amount is that the City typically provides only one award,pdt'program year. this enables the City Staff to closely follow the progress Of CDBG projects and maintain; ppen communication with Subrecipients. This year the City' intends tv partner with ftaur non-profit/quasi-governmental agencies to achieve the goals and objectives set forth in its Cons'plidated Plan. The ,City is committed to ,.ensuring that CDBG funds are used as specified in State and Federal regulations through: public and City Council monitoring through public hearings; staff evaluation; ,annual evaluation of the priorities set forth in the Consolidated Plan; periodic site visits and program evaluations; financial monitoring, record keeping, and reporting requirements. The City requires recipients of CDBG funds to provide a project timeline with benchmarks for corripidtion which is incorporated into the subrecipient application and agreement for use of CDBG funds. The City remains in regular contact with each subrecipient throughout the projects development to monitor their accomplishments, ensure they are meeting the projected benchmarks, and provide information on CDBG regulations. City of Meridian, Idaho 2008 Action Plan 26 11 f i • For currently funded projects in development, at a minimum the City CDBG administration staff will meet with each subrecipient's designated representative to review their project's accomplishments and investigate any failures to meet anticipated benchmarks at quarterly intervals. If deemed necessary, the City of Meridian CDBG administrative staff will conduct a formal monitoring visit to evaluate the progress and risk associated with the CDBG funded projects. If at any point the City CDBG administration staff determines a project is failing to move forward the subrecipient funds may be revoked and reallocated tows; another project. In 2008 a risk analysis will again be completed and monitoring visits will, b0 scheduled according to the CDBG funding at risk in open projects. Again given the limited niiber of recipients it is expected the City may be able to monitor all subrecipients with open pro),epts during 2008 and review the financial management, asset maintenance, and over anti management of the CDBG funded activities by the subrecipients " City of Meridian, Idaho 2008 :action Plan 27 j i i l} a s s is3 l 4 jij � r f APPENDIX A: City of Meridian, Idaho 28 2008 Action Plan APPENDIX B| TABLES D% of Meridian, Idaho mm Action Plan ]2 <R d y[ © \\ q\()d\ \ « 2«\ \§ } \ /ƒN <B \(ƒ( Table 3A: Summary of Specific Annual Objectives Grantee Name: CITY OF MERIDIAN Availabili/Accessibili of Decent Housing(DH-1) Specific Annual Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed DH Objective 2-6: The City CDBG/ 2007 0 0 0 °' % i.i will help non-profit and Other 2008 0 0 % for-profit developers and 2009 0 0 % builders construct one (1) 2010 0 0 % new housing facility 2011 1 unit/facility 1 % MULTI-YEAR GOAL: One , % (1) new housing or facilities for homeless, special needs,or elderly po ulations DH Objective 2-3: As deemed CDBG/ 2007 1 0 0 % 1.2 feasible the City will Other 2008 0 1 %p acquire and demolish, 2009 0 0 ;. clear and/or dispose of 2010 0 0 % property to make way for 2011 0 0 % new affordable housing unitsMULTI Y A � GOAL: One % (1) structut' dr I¢t, acquired, removed, and/or d(sphed of, DH Objective 2-8: Based upon CDBG/ 2007 O',,I 0 0 % 13 availability, the City will Other 2008 0' ', ','; % purchase a Dollar HUD 20090 0 ,' '' % Home and sell as 2010 0 01' % affordable housing 2011 1 1 % MULTI-YEAR GOAL' irin, (J) HUD Dollar :!Home pur�had,;ztret'ed Affor flity of Decent Hous (DH - DH Objective 2-1: The City'' CDBG/ 2007 1 AHTF Estab. 1 l 100% 2.1 will create an Affordable Other 2Q08 0 0 % Housing Task Force to 2009' 0 0 % make rai 6himendations to 2010 0 0 % the Mayor acid City 2011 0 0 % Council to facilitate they MULTI-YEAR GOAL: 1 100 % creation of, pre 0l�V t on of, and dissemination of AHTF continues to work information regarding toward improving affordable affordable owner -occupied', '' housing opportunities in the housing. City DH Objective 2-2: The City CDBG/ 2007 0 0 % 2-2 will invest CDBG funds in Other 2008 1 5 % funding and filling 2009 1 1 % affordable housing units 2010 1 1 % 2011 2 2 % MULTI-YEAR GOAL: Five 9 (5) affordable housing units available to LMI residents City of Meridian, Idaho 33 2008 Action Plan • • DH Objective 2-7: The City CDBG/ 2007 150 150 % 2.3 will provide information, Other 2008 0 0 % referral to housing 2009 0 0 % counseling services, first- 2010 0 0 % time homebuyer 2011 0 0 % assistance, and accessibility improvements MULTI-YEAR GOAL: grants through Community Distributed to fifty (50) Resource Directory residents of Meridian's LMI Areas and one hundred (100) other residents Sustainability of Decent Housing (DH -3) DH Objective 2-4:The City CDBG/ 2007 1 Activity 1 1 100% 3.1 will participate on boards Other 2008 1 Activity I and committees of local 2009 1 Activity organizations and 2010 1 Activity, ' cooperate with other local 2011 1 Activiti governments to promote MULTI-YEAR GOAL Pave 5 1 2 affordable rental housing (5) fair housing activities opportunities DH Objective 2-5: CDBG/ 2001,'20 persons 20 3.2 uilding Planning/Building' Other 2008 t , persons 20 Department will continue 2009 2? prsops 20 to inform and educate the 2010 20 persons 20 public, non profit agencies, 2011 20 persons 20 and the private sector MULTI-YEAR GOA).: On housing industry about the hundred (100)1 grsons dangers of lead-based paint educated on lead based paint DH Objective 2-9: The City:' ° CDBG/ 2007 2 families 2 % 33 will support activities that Other 2008 2 families; 2 % increase the awareness of 2009 2 families,! 2 % available affordable 20'10) 2 ,4, Milies 2 % homeownership ',' 2011 2'I',flies 2 % opportunities and programs 10 % N"i TI -YEAR GOAL: Teri, (10) families with increased awareness AvailaW ' /Acc essibility of Suitable Living Environment (SL -1) SL N/A 2007 % 1.1 2008 2009 % 2010 % 2011 % MULTI-YEAR GOAL Affordability of Suitable Living Environment (SL -2) City of Meridian, Idaho 2008 Action Plan 34 SL N/A 2007 % 2.1 2008 2009 % 2010 % 2011 % MULTI-YEAR GOAL Sustainability of Suitable Living Environment (SL -3) SL Objective 3-1: Code CDBG/ 2007 2 CE Cases 2 % 3.1 Enforcement will help to Other 2008 2 CE Cases 2 % reduce deterioration of this 2009 2 CE Cases 2 % neighborhood by working 2010 2 CE Cases 2 qo with residents to enforce 2011 2 CE Cases 2 % property maintenance MULT-YEAR GOAL: Ten la codes (10) CE Cases opened and resolved in LMI Census Tracts SL Objective 3-2: The City CDBG/ 2007 1 Activity 3.2 will organize Other 2008 1 Activity 1 �jp neighborhood clean-up 2009 1 Activity 1a and/or improvement 2010 1 Activity 1 % activities 2011 1 Activity l % MULTIYEAR GOAL: Five 5 (5) cleau►' d or improve tit icovioes SL Objective 3-3: The City CDBG/ 2007 5 regi d`bt 5 % 33 will help address key Other 2008 �$, residents 5 % social and human service 2009 5 xesident5 5 % needs, especially those 20105 r�sidrts 5'' %related to family support, 2011 5 retnts 5 % youth development, child 25 % care, senior services, MULTI-YEAR GOAL: substance abuse, Twenty-five 25 �' ) LSI homelessness support services, financial tesideuts will show. counseling victims of inch 4w �4 4rgness of domestic jb16an6; , available s6" and human veterWs''affairs, services programs transportation, educational and env loyment training , City of Meridian, Idaho 35 2008 Action Plan • • Table 3A: Summary of Specific Annual Objectives Grantee Name: CITY OF MERIDIAN Availabilit /Acc My of Economic Opportunity (EO -1 Specific Annual Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed EO N/A 2007 % 1.1 2008 % 2009 % 2010 2011 % MULTI-YEAR GOAL Affordabili of Economic Opportunity (EO -2) EO N/A 2007 ?,_ % 2.1 2008 %o 2009 2010 2011/o MULTI-YEAR GOAL Sustainability of Economic Opportunity (EO -3) EO Objective 1-1: The City CDBG/ 2007 '6i 0 % 3.1 will support the efforts of Other 2008 0 0 % the Meridian Development 2009 2, „ . 2 % Corporation to implement rP P 2010 % the Urban Renewal Area 2011 2 2 % Plan in revitalizing MULTI-YEAR 'O AL•. Six 6 ''` downtown (6) new LMI jobs EO Objective 1-2: The City CI)BG/ h 2007 0 0 % 3.2 will improve economic Otlor ZOW 0 0 % conditions in the,ll�Ieridian 3 % Urban Renewal, Area, 2010 3'' 3 % creating access to seryices 2011 4 4 % and jobs for LMI persons 10 % I�I> JK -YEAR GOAL: Teh'(10) businesses locate in Meridian URA Neighborhood Revitalization (NR -1) NR N/A 2007 % 1.1 2008 2009 % 2010 % 2011 % % MULTI-YEAR GOAL Other (0-1) City of Meridian, Idaho 36 2008 Action Plan N/A 1.1 • 2007 2008 2009 2010 2011 MULTI-YEAR GOAL Other (0-2) 0 % 0 N/A 2007 % 2.1 2008 % 2009 % 2010 % 2011 % MULTI-YEAR GOAL City of Meridian, Idaho 37 2008 Action Plan 0 # Table 3B ANNUAL AFFORDABLE HOUSING COMPLETION GOALS Grantee Name: City of Meridian Program Year: 2008 Expected Annual Number of Un Units To Be Completed Actual Annual Number of Units Completed Resources used during the period CDBG IiQ,ME ESG HOPW A BENEFICIARY GOALS Sec. 215 Only) Homeless households 0 Non -homeless households 0 ❑ ❑] El Special needs households 0 ❑ ❑ Total Sec. 215 Beneficiaries* ❑ ❑ ❑ RENTAL GOALS Sec. 215 Only) Acquisition of existing units 0 ❑ ❑ Production of new units 0 ❑ ❑ ❑ Rehabilitation of existing units 0 []'` ❑ ❑ ❑ Rental Assistance ❑ ❑ ❑ Total Sec. 215 Affordable" Rental d ❑ ❑ ❑ ❑ HOME OWNER GOALS Sec. 215 Ont Acquisition; df existing urhlts 0 ❑ ❑ Productlpn of new units 1 ® ❑ Reltiabilit,,tr n of existing uniti 0 ❑ ❑ Homebuyer Assistance ® ❑ ❑ Total Sec. 215 Affordable Owner ❑ ❑ ❑ COMBINED RENTAL AND OWNER GOALS Sec. 215 Only Acquisition of existing units 0 ❑ ❑ ❑ Production of new units 1 ® ❑ El Rehabilitation of existing units 0 ❑ ❑ ❑ ❑ Rental Assistance 0 ❑ ❑ ❑ miry or ivienaian, iaano 2008 Action Plan 38 0 0 Homebuyer Assistance 6 ® Li r-1 Combined Total Sec. 215 Goals* 6 ® E] E OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal Q El El Annual Owner Housing Goal 6El El Total Overall Housing Goal 6 [� City of Meridian, Idaho gg 2008 Action Plan 0 • Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Program Administration Project Title Program Administration Description The City's Overall CDBG program management, coordination, monitoring, repo" and evaluation will include the following types of assistance: ■ Coordinating Fair Housing activities with Boise and N*pa ■ Ensuring compliance with the Citizen Participation Plan Preparing program budgets, schedules and amend�xpets: ■ Evaluating program results against stated objectives ■ Coordinating resolution of audit and monitoring g s finding , Developing systems for assuring compliance with program requirements ■ Monitoring program activities for progress and compliance ■ Preparing reports and other documents fbi submission to HUD ■ Developing agreements to carry out program ac4 ties ■ Coordinate training activities I'+L Objective category: ❑ S Outcome category: ❑ A Envirottment Q cent flowing ; ❑ Economic Opportunity aessibility ❑ Affordability a. El Sustainability Location/Target Area Citywide as applicable Objective Nmmb�r, Project I „ HUD Matrix Code CDOG Citat"ibn ; 21A ;' 24 CM § 570.206',` Type of Itlee, pi : t CDB National:, Objective Entitlement N/A Start Date Completion Date 10/01/2008 09/30/2b09 Performance Indicator Annual Units N/A ;N/A Local ID `Units Upon Completion N/A The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 40 2008 Action Plan $47,557.80 ................_................................................. $47,557.80 ............................... ............... $47,557.80 0 Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title Boise City/Ada County Housing Authority Homeownership Description 3 The City intends to provide funding for the Boise City/Ada County Housing Authorlxy,,to provide direct homeownership assistance to help LMI individuals purchase homes. Objective category: ❑ Suitable Living Environment ® Deceht Housing, ❑Economic i0pportunity o Outcome category: ry: ❑ Availability/Accessibility ®ibdability ❑ Sustainability Location/Target Area Citywide as applicable { I Objective Number Project ID Dorcas: J Fundib S 2-2 CDBG $50,000 ................................... HUD Matrix Code .................. _.............................................. CDBG Citation ESG 13 24 CFR § 570.201(n) HO Type of Recipient CDBq National Objective HOP WA Subrecifent LMI....... ..._..................................................... Total Formula $50,000 Start Date Completion date Prior Year Funds 10/01/2008 Q9/30/2009 ................................................. _................ Assisted Housing Performance Indicator Annual Units ................................................. . PHA DH -2 ID ......................................._................ 5,Other Funding _..............................................Local Units Upa4 Completibn Total _. $50,000 Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 41 2008 Action Plan { a 3 4 s£ { I € { s I fr c f t4 1 aj d S x i ¢g i. 1 � � 'c �.�. t 3 f 2: i �• i I 3. � � '-9 gggy S$ 3 4 s£ { I € { s I fr c f t4 1 aj d S i$ a 64 i ¢g i. 1 0 Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Public Facilities 0 Project Title Boys and Girls Club Description The City intends to provide funding for the Meridian Boys and Girls Clubto de0ko part of their facilities for Meridian youth Objective category: Z Suitable Living Environment El Outcome category: Z Availability/Accessibility 11 Location/Target Area Citywide as applicable Objective Number Project 11D 3-2:3-3 C HUD Matrix Code qp CDBG Citation 03D 24 CFR § 570.201(C) Type of Recipient CDBG National Objective Entitlement LMC, Start Date CompletiOnPate 10/01/2008 ��b§/30/20 00 Performance Indicator Annual Units,l' SL -1 I facility improvement Local ED Units;; U Vpon C6*00r! -nt �j , .1 46usink, El Economic Qpportunity Yrdability El Sustainability� Funding Sources: ................................................................... CDBG;`!�� $40,000 ................................................................... ESG ........................................... . ................ HOME ................................................. . ................ UOPWA ................................................. . ................ To(al�''Forrnula $40,000 Prior Year Funds .............. Assisted Housing PHA .................................................................. Other Funding �46.6.66 ................................... Total El Public Housing Needs City of Meridian, Idaho 42 2008 Action Plan illJ C 4 1 1 FA �J N 4 4 3 4i�f V4 Sk. N 4 J� W r 0 Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Community Development ect Title LMI Area Code Enforcement Description Code Enforcement will help to reduce deterioration of qualifying Meridian Lr residents to enforce property maintenance codes, zoning and other ordinances appearance, and health, safety, and welfare. CDBG funds will be utilized''ito in activities. • orhood by working with buildings, lot support for these Objective category: ® Suitable Living Environment ❑ Decent Housing ❑ Economic uni Outcome category: ity tY g ry: ❑Availability/Accessibility ❑ Affordality ®Sustainability Location/Target Area Census Tract 10322, Block Group 1 (45% LMI),,,gensus Tract 10322, Group 2 (72.05% LMI), and Census Tract 10321, Block Group 2 (46.1% LMI) Objective Number 3-1 HUD Matrix Code 15 Type of Recipient Entitlement Start Date 10/01/2008 Project ID rCi-iui-ivance Wcuc�rwr ammau,tiru SL -3 ZCE cases Local Ip Units, Upon 10 CE gases The primary pumosd 6f the Droiect is to help: ❑ The Homeless ❑ Petrons' yith HIWAIDSf Funding Sources: Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 43 2008 Action Plan $20,000 $20,000 ................................................................... $20,000 HCI1ViE HOPWA )2(c) I Objective ' Total Formula 'e Prior Year Funds Assisted Housing PHA Other Funding Total nplet�ion Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 43 2008 Action Plan $20,000 $20,000 ................................................................... $20,000 Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title Boise Habitat for Humanity Housing Project Description The City intends to provide funding for Boise Habitat for Humanity to acquire a lot to build housing for a qualifying LMI Meridian family. Objective category: Outcome category: ❑ Suitable Living Environment ® Decent ,Hbusit g ❑ Economic opportunity ® Availability/Accessibility ❑ Affotdabili ty ❑ Sustatnabrliity, Location/Target Area Citywide as applicable Objective Number Project ID Funding Sources: 2-3J CDB $60,000 HUD Matrix Code CDBG Citation ESG 01 24 CFR § 570.201(a) HOME Type of Recipient CDBG National Objective ............................................. I ... ................. HOPwA Entitlement LMH _................ Total Formula $60,.0.0.0.................. Start Date 'n Prier Year Funds .............. _................ 10/01/2008 0/3 ................................................................... Assisted Housing u Indicator alUnits„ ...................................................................Performance PHA DH -1 Local ID 1 • Umts �T�ion �►pX��ion ............................................... _.................. Other Funding .................................................. Total $60,000 I:, The primarypurpose of the project into help:, ❑ The Hometess 0 Persons with HIV/Aibs ❑ Persons With''Disabilities ❑ Public Housing Needs J-. City of Meridian, Idaho 44 2008 Action Plan 4 it Vii. jk I @pt s 0 0 Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Public Facilities Project Title Senior Center Public Facilities Description The City intends to provide funding for the Meridian Senior Center to update their facilities and phone system to address a growing need for expanded services and cauabilities Objective category: Outcome category: ® Suitable Living Environment ElAvailability/Accessibility ❑ Decent 1466sing ❑ Econ.6i is ❑ Affoitdabili ty ®Sustainabtlaty, Opportunity Location/Target Area 01 Citywide as applicable Objective Number Project ID Fu>�tL>gg Sources: 3-2;3-3 ................. _................ CDB(r $20,000 HUD Matrix Code CDBG Citation ................................................. . ................ ESG 03A 24 CFR § 570.201(C) HOME Type of Recipient CDG National ObJ ectbe TO PWo LM ................................ ...................................Entitlement t rmula $ ' . ........................................................ Pnor Year Funds 008 „ 0 9/30/200' , ................................................................... Assisted Housing Performance Indicator Annual Units PHA SL -3 1 f4pili, h' improvement Other Funding ................................................................... Local ID _........................................................ Umts,'' k Pon C6mpletio� Total $20,000 The primary ptt[pose of the project is to help:. ❑ The Homeless ❑ Persons with HIV/AID$ �] Persons illi",Disabilities ❑ Public Housing Needs City of Meridian, Idaho 45 2008 Action Plan V" A, iJ S ( }} b 4 a 3 3' 0 Appendix C: Certifications City of Meridian, Idaho 2008 Action Plan M. 1 f $a A 0 • al IVTD0<'+p CPMP Non -State Grantee ,D�44 Certifications Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. does not apply. is applicable. NON -STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consoiidted plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively f' tber fair hgti5,ing, which means it will cdnduct an analysis of impediments to fair housing choice within the jurisdiction, take aop,rpprlate Octioris to overcome the effects of any impediments identified through that analysis, and maintain records reflecting'thit �atj'alysis and actions in this regard. Anti -displacement and Relocation Plan -- It will comply with the acquisition 66&relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Polities Act of 1970, as amended, nd,implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplaelllgnt and relocation assistahte plan required under section 104(d) of the Housing and Community Development Act of 1974, as ameriri'e'rlt �h connection with any actiu,Ity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free woftlaco {by; 1. Publishing a statement notifying employees that the unlawfil manufacture, dlstriIbiotion, dispensing, possession, or use of a controlled substance is prohibited lrantee's workplace and'' specifying thgJctions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareriessrprogram to inform,;employees about - a. The dangers of drug ao'ose in the workplace, b. The grantee's policy Of maintaining a dttlg-free workplace; c. Any available drug counsalin r, rehabilitation, and employee as i$'t'ance programs; and d. The penalties that may be Imposed up6,ri ernplo ees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be'''er c gpd in the' performance of the grant be given a copy of the statement required by parOgraph 1,; 4. Notifying thte empl&Vee Ih'the statement retluired by paragraph 1 that, as a condition of employment under the grant, the emploYee will - a. Abide by the terms of the statement; aiiO b. N6tlfy the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no laterthan five calendar days after such conylctlon; 5. Notifying the agency in writing, within,, ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every gf nt,officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has destiripted a central poip for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following, actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate per opriel action against such an employee, up to and including termination, consistent with the requirements of the R6ta'bilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti -Lobbying -- To the best of the jurisdiction's knowledge and belief: 8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress City of Meridian, Idaho 47 2008 Action Plan 0 0 in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be -- included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of 3urisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordancewith applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Name Title 33 E. Idaho Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 2008 Action Plan .I Date • ❑ This certification does not apply. ®'this certification is applicable 9 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105, Community Development Plan -- Its consolidated housing and community development plan idenklfies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate inpp,M6�"'(See CFR 24 570.2 6i 6GFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. r Use of Funds -- It has complied with the following criteria: 11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefitPlow and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include act(vities which the grantee certifies are designed to meet other community development needs having'i particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the communjo,' and other financial resources are not available); 12. Overall Benefit - The aggregate use of CDBG funds including section u$ guaranteed loar iduring program year(s) 2_, 2_, 2_, (a period specified by the grantee consisting of one,; two, or thr�e''Specific consecutive program years), shall principally benefit persons of low and moderate income in a manner That ensures tPiat at Masi 7p percent of the amount is expended for activities that benefit such persons „during the designated 66riodi 13. Special Assessments - It will not attempt torecover any capitalcosts of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including arty fee charged pr assessment mads as a condition of obtaining access to such public improvements. However, if CDBG funds are used, tKt, pay the (h�oportton of a fee or assessment that relates to the capital costs of public improvements (assisted in part with �'�Wfunds) 6` 16' fid,', o other revenue sources, an assessment or charge may be made against the propo y dutch respect to`tho Oublic improvemeh financed by a source other than CDBG funds. The jurisdiction will not attempt to recover, any, capital costs of public improvements assisted with CDBG funds, including Section 108, ,4ihfess CDBG funds are 4edI to pay the proportion of fee or assessment attributable to the capital costs of public improyetnents financed from othertevenue soui��a. In this case, an assessment or charge may be made against the property with respk ;to the public improv6m, eats financed! Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Name Title 33 E. Idaho Address City of Meridian, Idaho 2008 Action Plan Afl I s fif ' 3 Y � pgt ae;> qq � Sit s. d '_, �.. § I f '� ^i r',' i a f.t E ., .°x�� : z § t :.k . 3 ,' �'i• 3 9,. t i,.,.. fit` `<, 'M k. e:'y 0 0 This certification does not apply. El This certification is applicable. OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities 116 the action plan are designed to meet other community development needs having a particular urgency a 1. .s Soecified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identifie&COBG-assisted activities, which are designed to meet other community development needs having, a; particuilar urgency because oxisting conditions pose a serious and immediate threat to the health or welfare of the comli m'd'nity and other financial resodrees^,are not available to meet such needs. Signature/Authorized Official Date Alnmc City of Meridian, Idaho 2008 Action Plan 51 ® This certification does not apply. [� This certification is applicable. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenafnt=based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of ,decent, safe, 6anitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activitips and costs, os described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for pro hlbited�activities, as descrdbed in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project prr, accordance with the guidelines that it adopts for this purpose and will not invest any more, HOME funds in combination with other �'eilc�cal assistance than is necessary to provide affordable housing; ii Signature/Authorized Official pate Name Title Address City, Telephone Number` City of Meridian, Idaho 52 2008 Action Plan This certification does not apply. Q This certification is applicable. HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being fret by available public and private sources. Building -- Any building or structure assisted under that program shall be operated fpr the purptspecified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitatimn, ar acquisition of a facility, 2. For at least 3 years in the case of assistance involving non -substantial rehabilitation or repair of a buildif7sOr structure. er City of Meridian, Idaho 53 2008 Action Plan D This certification does not apply. ® This certification is applicable. ESG Certifications I, , Chief Executive Officer of Jurisdiction, certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 744 CFR'' 876.51. I have attached to this certification a description of the sources and amounts of such suppleWental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued ose of buildings foP which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as em'e0ency shelters for the homeless; or when funds are used solely for operating costs or essential services 2. The building standards requirement of 24 CFR 57655: 3. The requirements of 24 CFR 576.56, concerning assurances on sorvices and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24;CFR Part 576, and other applicable federal laws concerning nondiscrimin6t16n,and equal opporturrlty. 5. The requirements of 24 CFR 576.59(b) concerning the �nipr,Vn �telocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59: concerning minimizing the displacement of persons as a result of a project assisted with ,these funds. 7. The requirements of 24 CRR Part 24concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR`576.56(a) and 57665(b) that grantees develop and implement procedures to ensure the.cbnfpdehtiality of records pertaining to any individual provided family violence prevention or treatment services' tinder any project assisted with ESG funds and that the address or location of any family violence shelter project will not pe made public, except with written authorization of the person or mrp Persp responsible for the, operation of such shelter. 9. The requirement that recipientsinvolve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted ander the ESG program, and in providing services for occupants of these facilities as provided by 24 &R'),76.56. 10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) there must be a reasonable prospect that the family will be City of Meridian, Idaho 2008 Action Plan 54 0 0 able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, ai;rid that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Manageme,pt Inforrri loran System (HMIs) and the collection and reporting of client -level information. ; I further certify that the submission of a completed and approved Consolidated Plan with; its certifications, which act as the application for an Emergency Shelter Grant;' is authorized under state and/or local law, and that the local government possesses legal authority to carry;,put grant activities in accord14 6a with the applicable laws and regulations of the U. S. Department !of Housing and Urban Development. City of Meridian, Idaho 55 2008 Action Plan 0 • �Z This Cek4katI6 n is applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when,ttransaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of nqt lass than $10,000 and not more than $100,000 for each such failure. Drug -Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliati't a is placed when the agency award$ the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the req&Oments of the Drug - Free Workplace Act, HUD, in addition to any other remedies availabie tp,the Federal .Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be'idgntifi�l on'the certification. If known, they may be identified in the grant application. If the grantee does not identify the workpl®c'at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(4�' Oft, file in its office and make the information available for Federal inspection. Failure to identify all,known workplaces constitUtep a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual addee�$ of buildings (or parts of bulldln9s) or other sites where work under the grant takes place. Categorical descriptions may be used (e all vehicles of a mass 4a6$ft authority or State highway department while in operation, State employees in each' local unOmptpyment office, perf hers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in goestiprm (see para4ra011hth'ree). 6. The grantee may insert in the space' provided below the site(s)for the performance of work done in connection with the specific grant: Place of Performance (Stree't addre$, city, county, state, zip code) Check if there are workplaces on file that`Ofe;not identified hers. The certification with regard to the drug-free workplace is required by 24 CFR part 21" , Place Name Definitions of terms in the NonprocoLroment Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. ,Gra ntee$` iattention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S .C;'j)and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" meiarls'a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if City of Meridian, Idaho 56 2008 Action Plan 0 • used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti -displacement and Relocation Plan Signature/Authorized Official Name City of Meridian, Idaho 57 2008 Action Plan • Appendix D: SF 424 City of Meridian, Idaho 58 2008 Action Plan if 33 S �' t � � ➢ k 1 �� 1� [ 5 Zk � 2} $ �r t i� } 3 dfi C". t 1 • City of Meridian, Idaho 59 2008 Action Plan s June 20, 2008 MI 08-005 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT Liberty Partners, Inc. ITEM NO. 1 REQUEST Public Hearing - Miscellaneous applicatio to amend the existing Development Agreement to allow the construction of the four eight-plexes prior to the construction of the Pine/ Ten Mile Intersections for Sommersby Subdivision - NEC of W. Pine Avenue & N. Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: Ai(y M( k — PrYWIFULI CITY BUILDING DEPT: (oj�-k CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 1 s � i I 7 � F I I i if I 7 June 20, 2008 VAC 08-005 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT Fairview Lakes, LLC ITEM NO. 12 REQUEST Public Hearing - Vacate the 10 -foot wide public utility easement located along the south property boundary of Lot 3, Block 1 of Devon Park Subdivision No. 2 (aka Fairview Lakes) - 1/2 mile east of N. Meridian Rd & north side of E. Fairview Ave. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: �� y) CITY BUILDING DEPT: ° '9 CITY WATER DEPT: PAT OU CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. In l 1, �, { tk y g. 22y' � f In l June 20, 2008 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT ITEM NO. 13 REQUEST Continued Public Hearing from June 17, 2008 — Covered Load Ordinance AGENCY COMMENTS CITY CLERK: See Previous Item Packet CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: �� Com. .UL, " ` -Lk' lki ' A CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. n'm O CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE June 24, 2008 ITEM # 13 PROJECT NUMBER PROJECT NAME Covered Load Ordinance PLEASE PRINT NAME I FOR I AGAINST NEUTRAL city i f liimh {{ r June 20, 2008 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT ITEM NO. 14 REQUEST Ordinance No. 08-1369: Coverd Load Ordinance 2nd of 3 Readings AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT. CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. Tara Green From: Jaycee Holman Sent: Wednesday, June 04, 2008 12:.02 PM To: Tara Green Subject: FW: Covered Loads Follow Up Flag: Follow up Flag Status: Green Jaycee L. Holman City Clerk City, of Meridian -----Original Message ----- From: Tammy de Weerd Sent: Monday, June 02, 2008 2:25 PM To: Peggy Gardner; Jaycee Holman; Bill Nary; Charlie Rountree; Charlie Rountree; David Zaremba; Joe Borton; Keith Bird - Cc: Robert Simison Subject: RE: Covered Loads This will be on Council's agenda on June 17 for our public hearing -----Original Message ---- From: Peggy Gardner Sent: Monday, June 02, 2008 9:51 AM To: Jaycee Holman; Bill Nary; Charlie Rountree; Charlie Rountree; David Zaremba; Joe Borton; Keith Bird (birdronaldkeith@msn.com) Cc: Tammy de Weerd Subject: FW: Covered Loads 1" Peggy Gardner Administrative Secretary to Mayor Tammy de Weerd City of Meridian Phone 884-2468 ext. 204 -----Original Message ----- From: Bill Larsen[mailto.blarsen@treasurevalleyparmers.org) Sent: Monday, June 02, 2008 9:09 AM To: Vicki Thurber; Tracy Hall; Tom Dale; Tammy de Weerd; Susan Miller; David J. Ferdinand; Scott Dowdy; Rick Yzaguirre; Peggy Shaver; Peggy Gardner, Paul Woods; Nate Mitchell; Nancy Merrill; Margie Watson; Lee Belt; John Bechtel; Hal Tolmie; Garret Nancolas; Fred Tilman; Phil Bandy; 'Richard Freund (E-mail) ; Elizabeth Conner; Robert Simison; Dee Mahaffey; Dave Bieter; Cori Hampton (champton@canyonco.org); Theresa Smith; Cathy Ward; Brad Holton Subject: Covered Loads Good Morning Treasure Valley Partnership members/staff, On Wednesday May 28th, the Treasure Valley Partnership moved to approve the attached covered load ordinance for implementation by each member jurisdiction. We would like each City/County to move forward with instituting this "Covered Load" ordinance as soon as possible. We are planning on having an ordinance signing ceremony in the near future as each jurisdiction gets underway in the process of instituting this ordinance. Please do not hesitate to contact if you have any questions or concerns. Bill Larsen Treasure Valley Partnership blarsen@treasurevalleypartners.org 761-6395 i KIIA-1111 -111 In is h {{' ti `f F y $ �v g.; KIIA-1111 -111 In is • 0 Tara Green Page l of 1 From: Emily Kane Sent: Thursday, June 05, 2008 3:22 PM To: Tara Green; Jaycee Holman Cc: Robert Simison; Bill Nary Subject: Covered Load Ordinance - First Reading on June 17 Follow Up Flag: Follow up Flag Status: Green Attachments: Covered Load Ordinance for 1 st reading 6-17-08.doc Hi! Will you please include this proposed ordinance on the June 17 City Council agenda for first reading? Thank you! Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: kanee@meridiancity.org 6/6/200$ � yqqt 3 i _ �,�$ CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, GORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN, ADDING A NEW SECTION, SECTION 13, TO TITLE 7, CHAPTER 1, MERIDIAN CITY CODE, PROHIBITING UNCOVERED LOADS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, uncovered loads are hazardous to the health, safety, and welfare of the public because materials falling from uncovered loads injure drivers, passengers, and pedestrians; diminish air quality; and damage public and private property; WHEREAS, the City Council of the City of Meridian finds that requiring that loads travelling through the City of Meridian be covered is in the best interest of the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That a new section, Section 13, be added to Title 7, Chapter 1, Meridian City Code, to read as follows: 7-1-13: UNCOVERED LOADS PROHIBITED: A. Prohibition aaainst uncovered loads: 1. No person shall drive or move any vehicle with any load on any public roadway in the City of Meridian unless such load is so covered, constructed, or loaded as to prevent any of such load from droppin sifting leaking, or otherwise escaping from the vehicle. 2. Any person operating a vehicle with a covered load on any public roadway City of Meridian shall securely fasten such covering to prevent it from becoming loose, detached.. or in any manner a hazard to other users of the public roadway, 3. Any person operating a vehicle on any.public roadway in the City of Meridian from which. any materials have fallen or escaped that would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public roadway shall immediately cause thepublic roadway to be cleaned of all such materials and shall pay any costs therefor. B. Exceptions: COVERED LOADS ORDINANCE 1 1 I PAGE 1 OF 4 0 1. Nothing in this section shall be construed to prohibit a government emplo eY a or contractor from dropping sand on a hi way to enhance traction, or sprinkling water or other substances to clean or maintain a hig iw". 2. This section shall not apply to agricultural vehicles while being used for agricultural purposes. C. Penalties: &Yperson who violates the provisions of this section shall be guilty of an infraction and shall be subject to a fine of fifty dollars ($50.00). For each subsequent violation of this section. -the fine shall be increased by twenty-five dollars ($25.00) but shall not exceed one hundred dollars ($100.00). Section 2. That this ordinance shall be in full force and effect on October 1, 2008.: PASSED by the City Council of the City of Meridian, Idaho, this day of 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2008. n 9_9 ;TiT+/ 51 JT MAYOR ATTEST: CITY CLERK COVERED LOADs ORDINANCE PAGE 2 OF 4 • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 09 - AN ORDINANCE OF THE CITY OF MERIDIAN, ADDING A NEW SECTION, SECTION 13, TO TITLE 7, CHAPTER 1, MERIDIAN CITY CODE, PROHIBITING UNCOVERED LOADS; AND PROVIDING AN EFFECTIVE DATE. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This Ordinance shall become effective upon passage and publication. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50- 902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 08 - 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. 08- of the City of Merid'i'an, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50- 901A(3). DATED this day of , 2008. William. L.M. Nary City Attorney COVERED LOADS ORDINANCE PAGE 3 OF 4 COVES LOADS ORDINANCE PAGE 4 0 4 �\\ �\\ \}\ \ }\\ / }\\ \\\ � \\\ ±\\ �\\ �{\ƒ � \}{ :«« PAGE 4 0 4 • E June 20, 2008 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT ITEM NO. REQUEST Ordinance — 2008 National Electric Code Amendment AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ' Ib CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 15 5 a f � p a �9 u th 4` 3`. � Materials presented at public meetings shall become properly of the City of Meridian. 15 � p a is kk 4 A } 72 ,I t ' t; tTz June 20, 2008 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT ITEM NO. 16 REQUEST Ordinance — Citizen's Use Permitting Process Regarding Insurance Policy Requirement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ME 4 10 a iX k f f `E }�3P 31, :9 3tp • (e CITY OF MERIDIAN ORDINANCE NO. Ok -)'3'—? BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN, AMENDING TITLE 3, CHAPTER 4, MERIDIAN CITY CODE, RELATING TO THE INSURANCE, POLICY REQUIREMENT OF THE MERIDIAN CITIZEN'S USE PERMITTING PROCESS; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the public interest of the people of the City of Meridian would be better served by leaving with the Ada County Highway District the determination of whether an applicant for a Meridian Citizen's Use Permit must provide proof of insurance rather than incorporating such requirement into Meridian City Code; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Meridian City Code § 3-4-4(C) shall be amended to read as follows: C. Application for a City of Meridian Citizen's Use Permit shall be made to the City Clerk, and shall include the following: 1. A completed application form provided by the City Clerk, which form shall include: a. The name, address, and telephone number of the applicant and/or the organization on whose behalf the applicant is applying. b. The date(s) and time(s) at which the activity or event will occur. c. The location(s) at which the activity or event will occur, and/or the route(s) that the activity or event will follow, including street names, numerical blocks, and a map thereof. d. The number of persons, vehicles, floats, animals, and/or other form(s) of presentation, display, conveyance, and/or transport to be included in the activity or event. e. A description of security and safety plans and measures to be implemented at or in the course of such activity and/or event, including, security personnel, barricades, traffic and/or crowd control measures, cones, and/or directional signage. 2. License fee per fee schedule, which fee shall be summarily waived by City Council upon a showing by applicant that applicant is or represents: a. A non-profit organization exempt from federal income tax under 26 U.S.C. §§ 501(c)(3), 501(c)(6) or ORDINANCE REMOVING INSURANCE REQUIREMENT OF CITY CITIZEN'S USE PERMIT PAGE 1 OF 4 0 (• b. A governmental entity. Further, the city council may waive in whole or in part the license fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such request. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision on such request shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. 34. Applicant's agreement to indemnify, save and hold harmless, and defend the City and the Ada County Highway District from the expenses of and against any and all suits, actions, claims, and/or losses of every kind, nature, and description, including costs, expenses, and attorney fees that may be incurred by reason of any act, omission, neglect, or misconduct of applicant or its participants in the use of the location(s) and/or route(s) at or upon which the activity or event will occur. 4�. Applicant's certification that damage to the properties, locations, and/or routes at or upon which the activity or event will occur is not foreseeable, and that, if damaged, applicant shall incur the costs of restoring the original condition of such properties, locations, and/or routes. 56. Written approval of the Ada County Highway District of such activity or event, including any proof of insurance that is required by the District. SECTION 2: That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. SECTION 3: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in the full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on the day of , 2008 its passage, approval and publication. ORDINANCE REMOVING INSURANCE REQUIREMENT OF CITY CITIZEN'S USE PERMIT PAGE 2 OF 4 .11.111111 .111k NEW-r-W.TrIftr9n. A ..■ as - 34. Applicant's agreement to indemnify, save and hold harmless, and defend the City and the Ada County Highway District from the expenses of and against any and all suits, actions, claims, and/or losses of every kind, nature, and description, including costs, expenses, and attorney fees that may be incurred by reason of any act, omission, neglect, or misconduct of applicant or its participants in the use of the location(s) and/or route(s) at or upon which the activity or event will occur. 4�. Applicant's certification that damage to the properties, locations, and/or routes at or upon which the activity or event will occur is not foreseeable, and that, if damaged, applicant shall incur the costs of restoring the original condition of such properties, locations, and/or routes. 56. Written approval of the Ada County Highway District of such activity or event, including any proof of insurance that is required by the District. SECTION 2: That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. SECTION 3: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in the full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on the day of , 2008 its passage, approval and publication. ORDINANCE REMOVING INSURANCE REQUIREMENT OF CITY CITIZEN'S USE PERMIT PAGE 2 OF 4 (0 PASSED by the City Council of the City of Meridian, Idaho, this 6� i" day of ju-v�- -, 2008. dK- PROVED by the Mayor of the City of Meridian, Idaho, this.O( day of Lv- 2008. ATTEST: :"0i OF BRAY. "s A' t�� r Oft qVi�( ORDINANCE REMOVING INSURANCE REQUIREMENT OF CTTY CITIZEN'S USE PERMIT PAGE 3 OF 4 t { ,55E ` Il �T 3C k t { June 20, 2008 MERIDIAN CITY COUNCIL MEETING June 24, 2008 APPLICANT ITEM NO. 17 REQUEST Executive Session per Idaho State Code 67-2345(1)(d)(f)&G) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 8 f, 4 e Sa s MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Borton Charles Rountree David Zaremba CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2355 N.W. 8th Street 888-5242/fax 884-1159 LJ `RRC&.j 4 JUS 2008 C14 7r DELIQUENCY FOR TURN OFF Schedule for June 24, 2008 Cycle 1 MAYOR: This letter attests to the fact that no water users have requested a pre -termination hearing for June 24, 2008. Users having delinquent utility bills will be shut off on May 25, 2008. The total amount past due is $8,052.22 The number of past due customers is 109 Ale-- CA Sheltie L. Gallagher Utility Billing Manager CITY HALL 33 EAST IDAHo AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY/ HR -FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8116 z � { ¢g Y g Z� 3} i { 1 C g 1 CITY OF MERIDIAN Shutoff Account List - MASTER LIST Page: 1 Standard Payment Customers Jun 24, 2008 04:45pm Current Period: 07/05/2008 - Transactions Included Through: 06/24/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () = (<)7700000000 Customer.Bill Cycle =1 Customer.disconnected = No Customer.shut off list = No Ref No Cust No Name / Service Address Past Due Balance 1 20.46.0188.03 BURDESS, MICHAEL & COURTNEY 90.17 138.10 3512 JUDICIAL DR E 2 20.46.0316.03 DANAHA, STEPHEN 79.21 118.12 3686 EISENHOWER DR E 3 20.46.0368.02 KUPER, GREG 51.31 93.26 1095 CAUCUS WAY N 4 20.46.0372.03 LARSEN, PAUL 83.87 193.57 1057 CAUCUS WAY N 5 20.46.0558.02 MCKNIGHT, DANIEL 54.12 134.07 899 PRINCIPLE WAY N 6 22.50.0006.01 THORNE, DANA 79.44 158.88 926 &922 MERIDIAN ST 7 22.50.0226.01 HOWELL, JAMES 53.92 118.96 234A 236 STATE AVE E 8 22.50.0306.02 RITTENHOUSE, CRAIG 210.90 434.20 141 CARLTON AVE E 9 22.50.0400.03 McFADDEN, CLEORA 83.50 188.14 1108 21/2 ST E 10 22.50.1266.02 DIDERICKSEN, KIP & STEPHANIE 70.32 136.22 1237A 2 1/2 ST E 11 22.50.1352.04 PEREZ, SHANE & JENAPHUR 82.83 133.41 11 WASHINGTON AVE E 12 . 22.50.1508.01 MAY, RICHARD 96.97 207.23 1519 MAIN STREET N 13 22.50.1774.01 CHERRY'S BUILT IN VACS 160.23 351.47 1524 MERIDIAN ST 14 22.50.2354.01 McMAIN, DON 74.52 132.05 1294 SANDLIN AVE N NO ARRANGEMENTS ALLOWED FOR RENTERS PER PMIII CITY OF MERIDIAN Shutoff Account List - MASTER LIST Page: 2 Standard Payment Customers Jun 24, 2008 04:46pm Current Period: 07/05/2008 - Transactions Included Through: 06/24/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 15 22.50.2420.02 SHAW, ROBERT 54.48 143.13 1401 DRUCKER ST E 16 22.50.4008.03 VILLAREAL, CAROLINA 64.10 130.35 950 STONEHENGE WAY N 17 22.50.4518.05 FREDERICK, GARY 73.21 115.82 418 PINE AVE E RENTER PAYS TOTAL DUE + FEE 18 22.51.0310.05 SCHNEIDER, KURT 67.57 103.44 406 BROADWAY AVE E 19 22.51.0758.01 ELITE CLEANERS 78.20 117.30 140 IDAHO AVE E 20 22.51.0906.04 FINCH, RONNIE & TERRY 65.65 94.31 830 STH ST E 21 22.51.3420.02 CLAPSADDLE, C. MELVIN 132.41 286.84 226 KING ST E 22 22.51.3580.02 WHITE, W ES & KELLY 65.67 168.67 126 KING ST E 23 22.51.4060.02 ADA COUNTY HIGHWAY DISTRICT 65.90 92.01 15 BOWER ST E 24 23.01.0460.04 HILL, DESAREE 82.54 116.85 716 8TH ST W RENTER PAYS TOTAL DUE + FEE — NO ARRANGEMENTS ALLOWED FOR RENTERS PER THE OW NERIII 25 23.01.1130.02 RUSSELL, ANDREW 57.51 119.45 603 MERIDIAN ST 26 23.01.1160.03 CARNEY, JESSE 65.11 99.88 32 IDAHO AVE W RENTER PAYS TOTAL DUE + FEE — NO ARRANGEMENTS ALLOWED PER THE OWNERII 27 23.01.2240.02 MAYORGA, LUIS & DAMARY 51.73 107.63 1571 IDAHO CT W 28 23.01.3270.02 SAMS, DOUG 14228 294.29 831 7TH ST W CITY OF MERIDIAN Shutoff Account List - MASTER LIST Page: 3 Standard Payment Customers Jun 24, 2008 04:47pm Current Period: 07/05/2008 - Transactions Included Through: 06/24/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 29 23.02.1450.01 RANSLEY, MICHAEL E 53.96 94.23 14191ST ST W 30 23.02.1700.04 POPE, GERARD & JANET 92.43 197.07 1648 N WEST 2ND ST 31 23.02.1840.07 HSBC BANK USA 66.11 477.39 218 MAPLE AVE W 32 23.02.3070.02 STINNETT, ROWDY & 55.71 141.42 1505 7TH ST W 33 23.02.5050.03 STEARNS, JOE 69.91 136.16 1519 NORTHGATE AVE NO ARRANGEMENTS ALLOWED FOR RENTERS PER OWNERIII 34 23.02.5120.01 BURNETT, CAREY & CAROLYN 70.26 120.84 1405 NORTHGATE AVE 35 23.02.6860.01 MYERS, MICHAEL 5021 101.81 1090 STATE ST W 36 23.23.3000.03 HOCHSTRASSER, JONATHAN 51.48 72.95 825 8TH ST W 37 24.03.0012.02 LEE, WILLIAM 59.54 117.69 772 ABERNATHY WAY N 38 24.03.0100.02 HORSLEY, SHANE 55.24 110.48 631 TIDWELL WAY N 39 24.03.0368.04 AFRAM, HAMOURABI 55.52 85.12 712 ROTAN AVE N 40 24.03.0398.05 TRIMINIO, OSCAR & ENELDA 65.09 123.90 823 TALL PINE PL N 41 24.03.0810.02 HAMMER, MIKE 77.00 114.52 665 OCEAN AVE N 42 24.04.1162.03 HAMMACK, CAROLE 80.10 157.96 2586 FORECAST ST W 43 24.04.1200.02 SPAULDING, DAVID & MEGAN 96.12 135.32 2599 FORECAST ST W 44 24.04.1262.04 KEITHLINE, J. & BRONSON, S. 81.62 119.14 2657 CARLTON ST W CASH ONLY FOR KEITHLINE DUE TO 2 CITY OF MERIDIAN Shutoff Account List - MASTER LIST Page: 4 Standard Payment Customers Jun 24, 2008 04:48pm Current Period: 07/05/2008 - Transactions Included Through: 06/24/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance RETURNED PAYMENTS AT OLD ACCT. #1632077603. 45 24.04.1392.01 BYINGTON, DARREN 75.35 114.86 2780 LEROY CT W 46 24.04.1398.05 WHITWELL, RONALD & SHERI 97.19 139.14 2828 LEROY CT W RENTER PAYS TOTAL DUE + FEE 47 24.04.1694.05 OFFUTT, MICHELE 59.67 123.01 2634 LEROY CT W 48 24.04.2320.03 KUENZLI, JULIE R 95.11 116.59 1516 VINEYARDS AVE N 49 24.62.0211.03 SAEPHAN, KEVIN 53.96 93.97 2972 MARBETH CT W 50 24.62.0224.02 MORK, BRUCE 109.18 133.41 2995 MARBETH CT W 51 24.85.0102.01 TRUST, HUIT 1992 REVOCABLE 57.26 124.25 3100 SHERYL DR W 52 25.05.0720.02 SANTOS, WILLIE & MARIE 66.85 200.53 3508 FIR CREEK CT W 63 25.95.0323.07 OMAR, MOHAMMAD-HASHIM MOHAMMAC 65.46 130.19 Jill 4479 HEARST DR W 54 25.95.0418.02 CHRISTIANSEN, JERRY 70.61 94.84 4560 HEARST DR W 55 25.95.0719.02 BYINGTON, SHERRI 50.81 107.31 4322 GILLETTE DR W 56 25.95.0803.01 ONGARO, DEAN & CINDY 63.21 103.64 854 BILTMORE AVE N RENTER PAYS TOTAL DUE + FEE 57 25.95.0813.03 DIETRICH, JD & DENISE 67.34 164.82 815 WOLFSBURG AVE N 58 29.07.0246.01 THOMPSON, DOUGLAS 92.31 139.92 1846 GREENHEAD DR W 59 29.07.0766.02 BARBER, CURTIS 81.82 159.21 475 LODESTONE AVE S CANCELED D/P DUE TO CUSTOMER if S t i F Jill CITY OF MERIDIAN G Shutoff Account List - MASTER LIST 4 4 ^p !@ • 5 1J i IR Page: 5 Standard Payment Customers Jun 24, 2008 04:48pm Current Period: 07/05/2008 - Transactions Included Through: 06/24/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance STOPPING 2 PAYMENTS IN A ROW—CASH 4 f 1 f 4 �. ONLY TIL 3/31/09 DUE TO THIS. 60 29.07.0886.03 JOHNSON, ROGER & HOLLY 70.48 103.57 1923 MERGANSER DR W 61 29.07.0892.03 CLUPHF, CHRIS 75,36 118,57 1900 MERGANSER DR W #1 3 62 29.07.1062.02 WALKER, JUSTIN & JACKIE 78.46 102.69 d �t t 311 MALACHITE AVE S RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PMIII 63 30.30.6014.02 KIMBALL, LINDA & KIRA 77.73 99.21 1089 SPOONBILL AVE S 64 30.30.6216.04 MORTON, CHARLES & REBECCA 70.68 116.93 1278 JACKSNIPE DR W 65 30.74.0356.01 WILSON, DEANA 77.79 160.84 692 HANOVER CT NO MORE ARRANGEMENTS ALLOWED PERMANENTLY FOR WILSON --BROKE 2/4/08-1313 2/5/08 ARRANGEMENTS NOW ALLOWED -4F ONE IS BROKEN, WILL NOT BE ALLOWED ANYMORE ARRANGEMENTS.—DB 1/23/08 NO ARRANGEMENTS TIL 05/0711—BROKE ARRANGEMENTS SIGNED ON 6/15/06. 66 30.74.1108.01 EDDY, DENNIS 72.96 98.74 1091ST ST W 67 30.74.2324.02 SALAZAR, SERGIO 58.05 86.87 1125 CRESTWOOD DR 68 30.74.2330.01 HODGES, DARRELL 57.14 81.37 153 LYNWOOD CL 69 30.74.2746.02 W ELLBAUM, WILLIAM & AMANDA 61.06 111.87 1298 CRESTWOOD DR W 70 30.74.2760.03 ANDERSON, MELANIE 50.53 159.46 1432 CRESTWOOD DR W 71 30.74.2852.03 BENHAMIDA, KARIM 108.42 175.57 547 SPOONBILL AVE S 72 30.74.3346.02 BIRNBAUM, WENDY 100.91 167.14 1417 GANDER DR W 73 30.74.3570.03 RAMOS, KAYLEIGH 53.09 107.55 844 PELICAN WAY S RENTER PAYS TOTAL DUE + FEE — NO P G 4 4 ^p !@ • 5 1J i IR d 5p } 4 f 1 f 4 �. I 3 & d € d �t t CITY OF MERIDIAN Shutoff Account List - MASTER LIST Page: 6 Standard Payment Customers Jun 24, 2008 04:49pm Current Period: 07/05/2008 - Transactions Included Through: 06/24/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OW NERII 74 30.74.3590.01 WEST, CHRISTEN & DAWN 84,40 128,50 947 WALTMAN DR W 75 30.74.3676.05 FARSON, LESLIE 63.21 157.81 1139 PELICAN WAY S NO ARRANGEMENTS FOR RENTERSI I I I I I I l l I I I I I 7/18/07 -DB --CASH ONLY FOR FARSON (RENTER) DUE TO NSF WRITTEN TO GET/KEEP WATER ON. 76 32.32.4382.04 LA FERRIERE, TARA 51.69 104.18 2340 CLIFTON DR E 77 34.34.6212.04 ANGHEL, LUCA 59.54 120.47 2794 NEPHRITE WAY S 78 34.60.1104.02 PHAN, WENDY & PHUOC 61.09 153.57 2667 GROOM WAY S 79 34.60.1901.02 MINEGAR; PATRICK 51.86 86.63 3940 RAJA DR E 80 35.35.0087.04 FIELDS, SCOTT & CHRISTINE 53.31 107.50 2832 INDIAN CREEK DR E NO ARRANGEMENTS ALLOWED FOR FIELDS UNTIL 313/09 DUE TO BROKEN ARRANGEMENT—DID NOT KEEP LAST ARRANGEMENT—DB 3(4/08 NO ARRANGEMENTS ALLOWED UNTIL 9/25/08—CUSTOMER USED 2ND ARRANGEMENT ON 2/26/08-1313 2/26/08 81 35.35.0228.01 COVINO, PETER 111 55.11 140.22 3070 SLATE CREEK WAY S 82 35.35.1212.02 DAYLEY, MARK & KATHRYN 66.86 101.34 2894 MOON DIPPER CT E 83 35.35.1442.04 MORONI, ALESSANDRO 55.27 140.54 3026 CRATER PL S 84 35.35.5026.04 NEWELL, JONATHAN 51.15 129.52 2972 GOLD BAR AVE S 85 35.35.6014.03 BIAMAS, TONY & DEBORAH 72.69 96.92 1769 FIRESIDE DR E 86 35.35.7838.01 TREASURE VALLEY PEDIATRICS 144.45 288.90 1620 CELEBRATION AVE S 87 35.38.0109.02 GROSS, JOHNATHAN & CHRISTIE 77.86 119.68 3027 GONDA AVE S CITY OF MERIDIAN Shutoff Account List - MASTER LIST Page: 7 Standard Payment Customers Jun 24, 2008 04:51 pm Current Period: 07/05/2008 - Transactions Included Through: 06/24/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 88 35.65.0336.03 RIDENOUR. SHAWN 97.19 139.14 1929 THREE BARS DR E 89 35.65.0646.04 FLARES, TOY 72.12 96.35 1951 GRIFFON ST E 90 36.36.0182.02 SPARKS, HEATHER 63.05 127.49 2723 PINE BAR PL S 91 36.36.0990.02 SCOTT, JAMES 64.44 85.92 481 FOREST RIDGE DR S 92 36.36.1002.02 BUYERS, GERALD & REBECCA 134.80 252.38 687 FOREST RIDGE DR E RENTER PAYS TOTAL DUE + FEE—NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM 93 36.36.1038.02 UNDER, MARK & CHRISTINA 67.17 134.34 445 FALLINGBRANCH DR E 94 36.59.0104.02 O'CONNOR, BRIAN 72.96 150,35 3187 GLACIER BAY WAY S 95 36.69.0584.01 YAMAMOTO, JAMES & CYNTHIA 51.47 100.11 1311 SHEPHERD ST E 96 36.69.0630.02 STEIK, JEREMY & JESSICA 84.17 171.12 ' 1386 PEACOCK ST E 97 36.69.1080.04 McFARLAND, ERIC & WENDY 88;46 125.98 987 CAYMAN DR E 98 37.37.3644.02 CHESSMORE, JENN 59.20 102.70 2635 BEARTOOTH WAY S RENTER PAYS TOTAL DUE + FEE 99 37.37.4138.03 LARSON, HARRY S 62.99 110,76 326 DAVENPORT CT W 100 45.20.0319.02 COLVER, RICK 67.57 102.05 3496 MURLO WAY S NO ARRANGEMENTS ALLOWED FOR JARED PETERSON. 101 45.20.0321.02 WARDWELL, KEVIN & KRISTI 50.05 87.57 3528 MIURLO WAY S S i CITY OF MERIDIAN Shutoff Account List - MASTER LIST Page: 8 Standard Payment Customers Jun 24, 2008 04:52pm Current Period: 07/05/2008 - Transactions Included Through: 06/24/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 102 45.20.0811.02 RYAN, KELLY 77.95 119.77 3372 POMPEI AVE S 103 45.20.0908.03 HERNANDEZ, PATRICIA 76.92 162.15 3363 POMPEI AVE S RENTER PAYS TOTAL DUE + FEE — NO ARRANGEMENTS FOR THE RENTERS PER THE OWNERIII 104 45.26.0113.02 GEORGESON, KEITH & LINDA 80,55 121,90 1312 MONA USA DR E 105 46.16.1315.02 HUNT, BRANDON & TONYA 55,24 123,12 2180 JULIET CT E 106 46.17.0801.02 KING, GAVIN 50.81 114.91 3921 NAPLES AVE S 107 46.17.0804.02 HUNT, BRANDON & TONYA 76.51 133,43 2869 TYBALT DR E 108 46.20.0103.01 STANLEY, STEPHEN 56.92 122.70 3164 SHAVER CT E 109 46.60.0002.09 RICE, NICHOLAS 56,53 115.84 3819 ARNO AVE S Grand Totals: 109 Customers Listed 8,052.22 15,135.59 Report Criteria: Terminated customers not included Customer.Cust No () _ (<)7700000000 Customer.Biil Cycle =1 Customer.disconnected = No Customer.shut off list = No