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HomeMy WebLinkAbout2009-08-11~~i'Vl E IDIAN~-- IDAHO CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, August 11, 2009 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 best of the ability of the presenter." 1. Roll-call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Troop 151 Jay Thompson 3. Community Invocation by 4. Adoption of the Agenda: Approve 5. Consent Agenda: Approve A. Approve Minutes of July 21, 2009 Special Workshop Meeting: Approve B. Approve Minutes of July 28, 2009 City Council Regular Meeting: Approve C. Approve New Beer 8 Wine License Application for KJ's Restaurants. Inc. dba JB's Restaurant located at 1565 South Meridian Road: Approve D. Resolution No. 09-677 2009 Planninsl Department Fees: Approve E. 28 Production Well Construction for $9,348.60: Approve Meridian Cily Council Meeting Agenda -August 11, 2009 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Task Order No 077ya wttn murrav amnn a iassvcra~es w...~-~ 23 for a Not to Exceed Amount of $23,000.00: Approve G. Task Order No 10082 with Hvdro Logic, Inc. for Well 23 for a Not to Exceed Amount of $18,143.75: Approve 6. H. $56,878.11: Approve Association: Approve J. Resolution No. 09-678 Adoat PY2009 CDBG Action Plan: Approve K. L. M. N. for $2,525.35: Approve Savin s by Approve Service Company, for FY2009 Sewer for $58,700.00: for a Not to Exceed Amount Approve O. Resolution No. 09-679 Destruction of Temporary Records for Finance Department: Approve P. 3 for $26,541.75: Approve Q. Professional Services Agreement with Meridian Svmpl Orchestra for Musical Talent for Concerts on Broad Approve not to exceed amount of $1,100.00 Department Reports: A. Mayor's Office: Meridian Ciry Council Meeting Agenda -August 11, 2009 Page 2 of 4 All materials presented at public meetings shall become properly of the Ciry 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 mee5ng. Resolution No. 09-680 Reappointment of Tammv de Weerd Seat 5 and Craio Slocum Seat 3 to the Meridian Development Corporation: Approve B. Council President: MDC /City Masonic Lodge Parking Lot Maintenance: Approve C. Planning Department: Discussion on One Year Requirement to Execute Development Agreements: Discussed D. Planning Department I Parks Department: Discussion of Landscaping Associated with Transportation Projects: Discussed 7. Items Moved from Consent Agenda: None 8. Public Hearing: Consider the proposed conveyance to the Ada County Highway District a portion of City-owned real property located at 303 North Ten Mile Road for right-of-way purposes: Close Public Hearing Approve 9. Public Hearing: Consider the proposed trade of a .09 acre portion of City-owned real property at 3064 West Malta Drive (Heroes Park) for real property of equal value to provide deeded pathway access between the northwest border of Heroes Park and North Ten Mile Road: Close Public Hearing Approve 10. Ordinance No. 09-1424 Revision of Disorderly Conduct Provisions Rectarding Bes~s~ins~ or Solicitins~ Alms: Approve 11. Ordinance No. 09-1425 RZ 09-001 Request for Rezone of 7.65 acres consisting of 25 single-family residential lots and 2 common lots (Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10 and Lots 2-9, Block 1, Dove Meadows Subdivision No. 1; portions of Lots 11 & 12 and Lots 13-24, Block 1, Dove Meadows Subdivision No. 2) from L-O to R-8 for Dove Meadows by City of Meridian Planning Department - various properties in Dove Meadows Subdivision Nos. 1 and 2 zoned L-O: Approve Meridian Ciry Council Meeting Agenda -August 11, 2009 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the Ciry Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Adjourn at 7:56 P.M. Meridian City Council Meeting Agenda -August 11, 2009 Page 4 of 4 All materials presented at public meetings shall become properly 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 Citv Council Meeting August 11, 2009. A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, August 11, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Caleb Hood, Clint Dolsby, John Overton, Joe Silva, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I'll go ahead and start tonight's meeting. I would like to thank those that are in attendance for joining us this evening. For the record, it is Tuesday, August 11th. It's a little bit after 7:00. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance: Troop 151 Jay Thompson. De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by Boy Scout Troop 151 and their leader is Jay Thompson. Boys, if you wilt come forward. (Pledge of Allegiance recited.) De Weerd: Boys, before you go back to your seats, I do have -- I owe you for one pin, but I have two pins and we will find one before you leave. Rountree: There we go. De Weerd: And that was quick. Thank you. We do enjoy having our Boy Scout troops join us for our City Council meetings and really appreciate when they can stay past the 30 minute mark. So, thank you, boys, for being here. We appreciate you joining us. Item 3: Community Invocation by De Weerd: Item No. 3 is our community invocation and tonight we do not have someone to lead us in this, so I will skip Item No. 3. Item 4: Adoption of the Agenda: Meridian City Council August 11, 2009 Page 2 of 22 De Weerd: Go onto Item 4, the adoption of our agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda, Item 5-D, the resolution number will be 09-677. Item J, the resolution number will be 08-678. Item O, the resolution number will be 08- 679. Item O does come with a monetary amount and that is not to exceed 1,100 dollars. On the regular agenda under department reports, A-1, the resolution number is 09-680. Item 10, the ordinance number is 09-1424. Item 11, the ordinance number is 09-1425. And with that I move that we adopt the agenda as amended. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as stated. Zaremba: Not the Consent, just the overall agenda. De Weerd: I'm sorry. The -- Zaremba: Thank you. De Weerd: Well, I meant that. Zaremba: That will be next. De Weerd: The agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. B. C. D. Approve Minutes of July 21, 2009 Special Workshop Meeting: Approve Minutes of July 28, 2009 City Council Regular Meeting: e located at 1565 South Meridian Road: Resolution No. 09-677 2009 Planninst Department Fees: Meridian City Council August 11, 2009 Page 3 of 22 E. Chan a urger rvo..~ wan ~resasu~e ...,•a ~••••••• •••_.._. _____ 28 Production Well Construction for $9,348.60: F. Task Order No 0770a with Murrav Smith & Associates for Well 23 for a Not to Exceed Amount of $23,000.00: G. Task Order No 10082 with Hydro Logic Inc. for Well 23 for a Not to Exceed Amount of $18,143.75: H. for $56,878.11: Association: J. Resolution No. 09-678 Adopt PY2009 CDBG Action Plan: K. Chance Order No 2 with Paul Construction for Settler's Village Sauare Phase 1 for $2,525.35: L. Water Main Easement Aareement for Washington Federal Savings by Statewide Mortgage Service Company, Inc.: M. Contract Amendment with Pipeline Inspection Services. Inc. for FY2009 Sewer Line Maintenance for $58,700.00: N. Aareement for suppues ~ tauipmem rrocuremenc wnn Weschem. Inc. for a Not to Exceed Amount of $125,000.00: O. Resolution No. 09-679 Destruction of Temporary Records for Finance Department: P. Amendment No 1 with Harvest Design for Heroes Park Phase 3 for $26,541.75: Q. Professional Services Aareement with Meridian Svmphony Orchestra for Musical Talent for Concerts on Broadway: De Weerd: Okay. Mr. Zaremba, the Consent Agenda. Zaremba: Madam Mayor. I move we adopt the Consent Agenda with the fill in of the resolution numbers and understanding that Item Q is 1,100 dollars. Meridian City Council August 11, 2009 Page 4 of 22 Hoaglun: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Resolution No. 09-680 Reappointment of Tammv de Weerd Seat 5 and Craig Slocum Seat 3 to the Meridian Development Corporation De Weerd: Okay. Item 6 under Department Reports, Council, you do have a resolution in front of you for the reappointment of seats five and seat three for the Meridian Development Corporation and I will be coming back to you later this month to fill a seat that was -- I just received a resignation for. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the resolution 09-680 for the reappointments of seats five and seats three for the MDC. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Okay, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. B. Council President: 1. MDC /City Masonic Lodge Parking Lot Maintenance: De Weerd: Item 6-B is our Council president. I'll turn this over to you. That would be Mr. Rountree. Meridian City Council August 11, 2009 Page 5 of 22 Rountree: Well, I think we have Shaun in the audience that wants to talk to us about this, but some months ago -- probably a couple months ago the question came up on an arrangement that we had made with Masonic Lodge to utilize their parking for city use as well and that was done, I believe, in 2001 or '2. The agreement has since lapsed, but we are still using that for downtown business purposes and the agreement was that we would help maintain the lot and we have done nothing for the term of the agreement and it is in need of resurface -- or at least a seal coat and some weed maintenance and Shaun's got some numbers to do that and before us tonight is moving ahead with the rehab and maintenance activities of that parking lot. De Weerd: Good evening, Mr. Wardle Wardle: Thank you, Madam Mayor, Members of the Council. Shaun Wardle, the administrator for the Meridian Development Corporation. Pleased to be here with you this evening. Mr. Rountree has giving us background. The agreement between the Masonic Lodge and the city has expired. We -- the public is still continuing to use that facility. It is in need of repair and so we have gone out for solicitation and received three bids. I believe you have those in your packet. If not, I have hard copies here for you. So, we are working -- working with the vendors and city staff, it appears that the most responsive bid is from Curtis Clean Sweep and that bid is in the amount of $2,191.48. There is a repair for potholes in the amount of 350 dollars, which I believe will be deleted and we will confirm that with the vendor. In addition to that, we had a conversation with the Ada County Highway District about resurfacing of the alley. They indicated they needed a separate bid and that they would potentially be able to pick up their portion. In confirmation with the estimate from Curtis Clean Sweep, he indicated that it would be not to exceed 200 dollars for that alley portion of the seal coat. The Meridian Development Corporation Board of Commissioners meets tomorrow morning at 7:30. They will be considering this item as -- it is our intention to -- to take that forward as a -- an expenditure for our parking program. We discussed partnership with the city and I believe legal has either prepared or at least discussed an agreement. Nary: Madam Mayor, Mr. President, Members of the Council, we have discussed an agreement. We were clear on the terms, so we can prepare that as soon as we can get all that, we will get with Mr. Wardle and we can get an agreement done for the city and for MDC and I would guess the Masonic Lodge also would need to be a party and we had that -- 1 had that discussion with Mr. Holtz with the Masonic Lodge as well. So, he's anticipating a three way agreement so we can get that done. Wardle: It would be our intention that that particular agreement would allow for public parking -- for public all day parking. One of the issues that the Development Corporation has seen through its process on 2nd Street is the need for all day employee public parking and I believe that this particular improvement would help achieve those goals, as well as help the Development Corporation achieve some of the goals in light of the new business incubator opening up soon. So, with that I'd stand for any questions. Meridian City Council August 11, 2009 Page 6 of 22 De Weerd: Okay. Any questions from Council? Bird: I have none. Do you need a motion? De Weerd: I will need a motion, yes, please. Bird: Sure. Madam Mayor? De Weerd: Mr. Bird: Bird: I move that we approve the agreement that will be drawn between the MDC, the Meridian City, and Masonic Temple for the parking lot maintenance and for MDC to be the forward contact in that. Hoaglun: Second. De Weerd: I have a motion and a second to approve the request. Any discussion? Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Shaun, do you have an idea of when the completion date might be? Wardle: I believe that we can start this work within the next couple weeks. Again, it's our intention that the Development Corporation Board of Commissioners allocate the resources to begin this work. I think it's imperative that it begins very quickly and the agreement I think will be pretty short. I believe the indemnification will come from the Development Corporation and continue the public parking activities, so -- De Weerd: Okay. Thank you so much. Wardle: Thank you. Rountree: Thanks, Shaun. Bird: Thanks, Shaun. De Weerd: And, Clint, if you will pass on to Tim our thanks for his involvement, too. Dolsby: I would be happy to. C. Planning Department: Meridian City Council August 11, 2009 Page 7 of 22 1. Discussion on One Year Requirement to Execute Development Agreements De Weerd: Thank you. Okay. Item 6-C is our Planning Department. Canning: Madam Mayor, Members of the Council, we wanted to take this opportunity to discuss the one year requirement to execute our Development Agreements and there was a letter provided to you from Brian Ballard of Hawley Troxell that really summarized the whole conversation quite well and that's why we included that, rather than a staff memo. He seemed to have done it. We do have a standard within our development agreement provisions that requires that that's signed and be returned to the city within one year. The intent being that if somebody got approval of an annexation with a development agreement, they didn't come back five years or 15 years or 20 years and ask for the annexation when, really, it was no longer appropriate and the city had kind of moved on. So, that is why we have the time limitation. As pointed out in the letter, we don't have any way of granting an extension of that time, whereas we do for final plats or for preliminary plats and also for conditional use permits. In brainstorming with Mr. Ballard, we came up with kind of three ideas on how to move this forward and those are articulated in the letter. The first is to kind of bring it to you and ask you if you want us to administratively or by City Council action approve a time extension without the need to follow any formal procedures, because we don't have any identified. The second would be to have applicants provide us a letter asking for kind of a pending status or a stand still status while we amend the code, so that we can put in provisions for time extension, either administratively or City Council. And, then, the third would be to have them submit, essentially, a new Development Agreement to Council. It's not really a modification, because they are not seeking to modify anything, but they would, basically, be doing a new DA and the short coming on that one is that perhaps they are doing a lot of unnecessary work, like posting the site and having neighborhood meetings, things like that, so -- but those appear to be our three options available and we wanted to just to get Council's thoughts on which direction we should head. De Weerd: Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Am I correct that an annexation is not recorded until that DA is done. In other words, we -- if 1 decided not to do the DA, we could revoke that annexation and -- is that possible? Canning: Madam Mayor, Members of the Council, Council Member Zaremba, correct, we would just not adopt the ordinance to annex the property. That would just never happen. Meridian City Council August 11, 2009 Page 8 of 22 Zaremba: I remember the discussions when we talked about putting a deadline on it and some of the suggestions were that it should be six months even, but not to speak for everybody -- I could see having a process where it could be extended like other things are extended. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council -- and, Council Member Zaremba, you're correct. When we had this discussion before -- I would guess the reason we never had a process in the code is because no one's hardly ever asked for it. Now, we have had occasions, because the process normally has been and has existed prior to me being here is once the DA is prepared we send that through the clerk's office to the developer, the applicant. We have had occasions, not very often, where they have come back longer than a year and our staff -- or ordinance says it needs to be done within a year. But it doesn't say what happens if it doesn't and it's not necessarily void just because it isn't signed within a year. The opinion that I have held is that the Council has the ability to reject it if it isn't done within a year. But if it's done outside of the year and you don't reject it and we pass the ordinance annexing the property, then, we have accepted that as a condition. When building was more prevalent it didn't happen very often. Now, this is the -- actually, the first request and there is another request that we have had for the same type of outcome and that was why my discussion with the Planning Department we thought it would be best to bring it back in front of you folks to see what your desire is. All of these outcomes or requests are reasonable, I would agree with Mrs. Canning. The third one -- I mean they technically are asking for an amendment, because they are asking to amend the provision of when it has to be signed, but, yet, to go through a neighborhood meeting and post the site and do all the things as a regular amendment to a DA seems overboard for what's really being asked. And so it does sort of speak that maybe an administrative procedure is more appropriate when there are circumstances that warrant it and as these -- as this one and the other one that we have out there has some -- some of those conditions. You certainly have the ability to direct that and allow these to be done -- to be extended with that, it's just that those provisions of this -- of the ordinance are in the UDC, so it needs to go through the Planning and Zoning Commission. They don't seem overly busy, so it seems like that could probably get done within the next couple meetings, but it has to go through those two processes before it could be amended. De Weerd: Does that answer your question? Zaremba: Yes. Thank you. De Weerd: Any further questions? Rountree: Madam Mayor? Meridian City Council August 11, 2009 Page 9 of 22 De Weerd: Yes. Rountree: My preference would be the first option, having it an administrative process, or, if need be, to Council consideration. At the same time the staff is moving forward to clarify the ordinance to identify the potential of having to look at these DAs at sometime past a year or maybe making them similar to the subdivision requirements that they have a year life and after a year life there is a notification that they will expire and upon expiration an applicant will have to start over the annexation process. Otherwise, I don't know how we track these things. We get into some situations that we have already dealt with in the past where we haven't tracked things very successfully. So, I think we need to be pretty specific as to the process, the notification, and what happens if things don't get signed within a prescribed period of time. They go away and you start over. Bird: Madam Mayor? De Weerd: Other thoughts? Mr. Bird. Bird: I would agree with Councilman Rountree on that. I like the number one idea. It, I think, takes care of it. I hope we can figure out a way to be able to track our things a little better, but I don't know if we can. But I think that's the quickest and simplest way to get it through, get it done with. And I, for one, if it's an extension that -- without any problems as the staff would see, I would think we could do it on just Consent Agenda, myself. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would support that consensus, adding the clarity that it would be with no modifications to the DA. Hoaglun: Madam Mayor, just to chime in, I'm fine with number one. I think that would work and make that an administrative process and if we go the Consent Agenda route, that would be good. Canning: Madam Mayor, did you want to chime in before my -- before I summarize? I'm sorry. Madam Mayor, Members of the Council, so to summarize what I'm hearing is we are not talking about an administrative process, we are talking about Council approval on a Consent Agenda of time extensions with no modifications? Am I correct? I should clarify, I don't have a mechanism for doing them really administratively, it will have to be a Council decision. Bird: A Council -- yeah. Canning: Mr. Nary, does that -- am I okay? All right. Thank you. Meridian Ciry Council August 11, 2009 Page 10 of 22 De Weerd: And on the Consent Agenda, as you bring that forward, that you will give an assessment to Council that there is no changes and -- Canning: Understood. Thank you. De Weerd: Okay. And I guess if you don't, they will pull it off of the Consent Agenda anyway, so --okay. Bird: Yeah. De Weerd: Okay. Any further clarification needed or direction? Canning: No. De Weerd: Okay. Canning: Thank you, ma'am. D. Planning Department /Parks Department: 1. Discussion of Landscaping Associated with Transportation Projects: De Weerd: Okay. 6-D is also our Planning Department and our Parks Department and discussion of landscaping and transportation projects. Siddoway: Thank you, Madam Mayor, Members of Council. I will take the lead on this discussion. I'm here primarily as an inforrnational item tonight to give you an update, but I would also welcome any feedback or direction Council would choose to offer as we move forward with any inter-agency agreements, but several transportation projects with associated landscaping have come to my attention in the last couple of weeks that are going to need to move forward into inter-agency agreements and I just wanted to provide an update tonight on those. Caleb Hood, with the Planning Department, is also here if there are any specific questions about the -- the transportation projects themselves. The first one -- and I have three tonight -- is the Ten Mile interchange. As I was talking with Councilman Zaremba last week, it became clear that everyone may not be aware that the landscape project for the interchange has been resurrected. The ITD staff was before Council this past winter and did give an update to Council, basically addressing the removal of the landscaping from the GARVEE project. ITD has since found a funding source through federal stimulus funds that are for enhancement projects that they intend to use for the landscaping as an enhancement project immediately following the construction project for Ten Mile interchange. ITD is paying for all the design and construction related to both the landscaping and irrigation associated with that project and maintenance of that landscaping will require an inter- agency agreement with ITD, as well as contracted labor funds for my department in order to manage the ongoing maintenance of that landscaping. The ITD project Meridian City Council August 11, 2009 Page 11 of 22 manager Wade Christianson will be working with both myself and Ted Baird in the legal department on an inter-agency agreement to bring to Council and I would just ask if there is any specific direction or questions associated with that project as we move forward with that agreement and I will stand for comments or questions on that one right now. De Weerd: Any questions, comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Steve, we have talked about this before, but that's a rather complicated project in terms of structure and landscaping, so the agreement needs to be clear who is going to be responsible for what part. We certainly don't want to get involved in any of structural aspects of that bridge. We don't want people in it. We don't want people on top of it, other than in the landscape areas, but most of the plumbing is going to be in that structure. Siddoway: Right. That would include the irrigation. Rountree: So, they are going to have to be able to maintain that irrigation, at least the part that's integral to the bridge. That's the only rub I see at this point, but I have not seen the final design either. Siddoway: Yeah. I haven't either, but -- thank you. Any other comments, questions on that one? Okay. The second one is with ACHD and it is -- it's Franklin Road from Linder to Ten Mile and Mr. Tim Morgan from ACHD is also here to address any specific questions on this one. That project includes landscape medians as part of the Ten Mile specific area plan and in researching this morning it appeared that the -- that discussion had happened with Council in January of last year, so hoping you're aware of the medians in Franklin Road there. ACHD has approached the city for project coordination issues and wanting to kick off the inter-agency agreement for that. They have designed that road project with medians that will accommodate landscaping in the future. The construction of that road project is currently programmed for 2012, so we are moving into '10, so two fiscal years out from the one we are just moving into. The -- one of the questions is when will the city landscape those medians and if -- if the city intends to landscape those medians, basically, with the project, ACHD will provide top soil in those medians and we can actually make the landscaping part of the construction project, but the city would be responsible for funding the design and the installation of that landscaping. If we choose to wait beyond that timeline, ACHD would not put in the top soil, they would put in weed barrier and pea gravel. They would put in the sleeves for future irrigation to those medians and it would sit with the pea gravel until we were ready to landscape it. One option would be that I plan for the next budget cycle in fiscal year '11 for a design project, which would, then, lead to cost estimates and a construction project in 2012 and I'm here to seek your -- at least initial thoughts as to Meridian City Council Augus[11, 2009 Page 12 of 22 whether you would like me to pursue that timeline or something else and I will stand for comments or questions or any direction you would like to give on that. De Weerd: Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree Rountree: Steve, could you explain how ACHD defines landscaping and what we would be responsible for? Siddoway: Are you talking -- I guess I'm not clear on the question. All the plant material? Rountree: Does that include a water source? Does that include water supply? Does that include irrigation system? Does that include vegetation, mulch, gravel, or is it just vegetation and soil or -- Siddoway: I believe it includes the -- the vegetation and the -- the irrigation system for it. Mr. Morgan is here if you'd like to address that more specifically from your own perspective. Irrigation and landscaping is ours. ACHD would put in the top soil -- at four inches of top soil, as I understand, with the project, if we were ready to install landscaping on its heels. But the irrigation source, which I believe would be city water for those medians -- I guess there is a question -- we may have reclaimed water in that area, so I haven't explored that. This is -- the idea of the irrigation is new to me out there. But we would be responsible for the irrigation and the plant material, the mulch, things like that. Hoaglun: Madam Mayor, to follow up on that -- and, Steve, is the design, the types of trees, the planting material, that's city specifications or requirements or ideas, as opposed to --does ACRD have certain requirements? I'm sure they have safety issues, but beyond that that would be up to the city to determine what's going to go out there? Siddoway: Yeah. It's my understanding they are looking to the city to design that and provide it to the project. Morgan: Mayor and Council, Tim Morgan, project manager, with Ada County Highway District. De Weerd: Thank you. Morgan: The -- yeah. And the planting would be at the Parks Department's design. We do have a tree policy that guides planting in the right of way and then -- as far as size and things, as long as it -- as long as it doesn't impede any of the traffic safety, then, that would be up to the Parks Department. Meridian City Council August 11, 2009 Page 13 of 22 De Weerd: Thank you. Morgan: And I can add onto the -- as far as the -- if we -- if you do the landscaping with it, it would all -- I guess my proposal would be that it all be built with the project, kind of like we do on public works projects, we will put in your water and sewer facilities with our construction contract -- bring just one contractor in there and people not running over the top of each other. It would be -- I think it would be very much like that. The -- if not, we would put in the irrigation sleeves, at least so in the future you don't have to cut the road to add water to it. Rountree: Madam Mayor? De Weerd: Mr. Rountree Rountree: What's the typical section proposed on Franklin? Does it follow the TLIP or is it some transition between now and then or what? Morgan: It's actually along the lines with the Ten Mile specific area plan. I don't have that exactly with me, but it does have -- it does have two travel lanes each direction. The center median that would be landscaped, except for where there is the -- the two breaks in that access and, then, the sidewalk is -- there is bike lanes and, then, partially setback sidewalk that's four to five feet, I think. But I think your future hope would be that you have those adjacent property owners landscape, but in the interim it would be a hardscape of the same, a weed barrier, and pea gravel. De Weerd: Anything further? Rountree: I have nothing. De Weerd: Mr. Morgan? Thank you. Siddoway: So, it would be my intent to bring forward in 2011 a small addition -- well, the landscape design for these medians. So, that's still, you know, a whole fiscal year away, but it would be my intent to move forward with the designs that year, that we can, then, price and decide whether we are constructing it the following year. Does that sound reasonable? Okay. Thank you. The third one is also in the Ten Mile area, but on the other side of the freeway, is Overland Road from Linder to Ten Mile. This is the project that Jim Jewett is constructing and as I met with Jim last week I teamed that he has four types of landscape areas on his plans, one being median landscaping, which is along arterials would typically be maintained by the city. He also has storm detention ponds, two of them, to be exact, which would typically only be maintained by the city if they are part of an ACHD arterial road project similar to what we have out at Franklin and Locust Grove or a couple other examples and -- but would be maintained by a homeowners association if they were put in as part of a subdivision. You know, these two are part of the road project, but they are kind of a hybrid and there may be -- it may Meridian City Council August 11, 2009 Page 14 of 22 warrant some hybrid arrangements on the landscape maintenance. The third type is the street tree landscaping along the sides of Overland Road and Jim was under the impression that the city would be maintaining those. That would be different than anything I had expected or anticipated, so that was one question. But if he does install those landscape trees with the road project along the sides, the street trees, there would be no homeowners association today to take them over. Typically those street trees are owned and maintained by the adjacent property owners and this street project, this road project would be putting them in ahead of development. The fourth one, he has a roundabout on Tasa, which I would not believe would be a maintenance item for the city. It's on a local street, not an arterial. However, there is no -- again, no homeowners association or business owners association in that area that would take that on, though it could be hardscaped in the interim until one shows up. Jim Jewett and his landscape architects of The Land Group plan to be here next week as part of the workshop. It's already on the draft agenda, at least has been submitted for that agenda and I just want to give you a heads up that that discussion is coming next week, so that we can discuss what should the city maintain and what should the city not maintain. As you probably know, that road construction project is curcently underway and landscaping will follow shortly thereafter. So, this one will need resolution on the maintenance issue soon. So, I don't need specific resolution tonight, but if you have any initial questions in anticipation of next week's discussion, I would welcome them. De Weerd: Any questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I would give you my resolution right now. It seems like it's a subdivision requirement. This is a total surprise. Haven't heard a word about it in three or four years. As far as I'm concerned it's a moot point. Siddoway: Are you talking about the street trees specifically? Rountree: Yes. Siddoway: The median would -- are you saying the median would fall in that or not? Rountree: The whole thing. It's all news to me. I don't know about the rest of the Council. De Weerd: Well, Council, we have had a discussion about the center medians and that was not with Mr. Jewett, it was with ACRD, I believe, and so that -- that should be considered separately. We were talking about that in our gateway discussions with a couple of specific examples, this being one of them. But if I don't remember -- I think I remember correctly, are those street trees shown on his plat? Meridian City Council August 11, 2009 Page 15 of 22 Siddoway: I don't know about the plat, but they were on the plan that he showed me last week. I don't know if Anna can speak to that or not. Canning: Madam Mayor, Members of the Council, my recollection of the plat was the preliminary plat was -- had mega lots and so those were going to come in for further subdivision, but we certainly require those street trees as part of the subdivision, if they are on his property in particular. If they are in the right of way, I'm not clear on where these are. Siddoway: We will have that answer by next week. I think we will know. Canning: We will make sure you have that information. De Weerd: But, Steve, I would agree with Councilman Rountree and Bird, those -- those sound like street trees that are part of a plat to me. When we talked about gateway entry and road treatments, it was, basically, focused on the center medians. Siddoway: Right. De Weerd: It was not on any treatments between the road and the sidewalk. Siddoway: And that matches what my understanding or expectation was. The median landscape maintenance wouldn't -- does not surprise me. It's in an arterial. It's in the Ten Mile specific area plan area. It's -- but the other -- the other trees that he was showing in the --along the sides and that was where I had specific concerns. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: When Steve mentioned this to me earlier, I was surprised as well, except for the median in the middle of the arterial, and I'm pleased to learn that I'm not the only one that didn't remember this happening. But I had another thought occur to me -- in the landscape ordinance, as I recall, developers are required to put the perimeter landscaping all around their properties. Once they start I think they are supposed to do it all. And the other two largest developments that I can think of, Paramount and Lochsa Falls, I believe have done that. But I wonder whether we could pick a number, like projects that are over 1,000 acres or half a square mile, whatever that is, and allow them to do that perimeter landscaping in phases when that portion develops. I wouldn't want to make that for small developments, but it would -- it would be a change in the ordinance that would allow somebody -- it would be an incentive for people to do larger projects, which I think is to the benefit of the city and what made me think of it in this case is if he didn't need to put the trees in right away, then, there wouldn't be a maintenance issue on it. So, that's a question, not a suggestion. Meridian City Council August 11, 2009 Page 16 of 22 Siddoway: Madam Mayor, Councilman Zaremba, I believe those street trees could be put in in phases with development. It would just mean that the trees -- the street trees would be of different ages. I don't see that as a huge issue. The way he's proposing the medians along Overland, that's going to be an issue already. So, I think they could be put in with the development. Hoaglun: Madam Mayor, question for Steve. How much median landscaping do you guys take care of right now at parks? Is it a great deal? I don't know if you can quantify it in acres, but do you just have afew -- few areas that you have to maintain right now? Siddoway: True medians we have very little. We had the medians in Main Street, which went away this summer. We take care of the north curb at the other end of Main Street. The other sites are not medians that we contract out, they are smaller sites of like storm detention ponds, things like that. Hoaglun: Okay. Thank you. De Weerd: It will be a lively discussion next week. Siddoway: Yeah. That's all I have. Like I say, Mr. Jewett and/or his representatives will be here next week to seek some specific direction on those landscape items. On the other two for Ten Mile and Franklin Road, we will move forward on drafting inter-agency agreements with ITD and ACHD and bring those forward to Council at a future meeting. De Weerd: Okay. Council, anything further on this item? Bird: I have none. De Weerd: Thank you, Steve. Siddoway: Thank you. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Public Hearing: Consider the proposed conveyance to the Ada County Highway District a portion of City-owned real property located at 303 North Ten Mile Road for right-of-way purposes: De Weerd: Item No. 8 is a public hearing to consider the proposed conveyance to the Ada County Highway District, a portion of city owned real property, and I will open this public hearing. Who is making open comments -- opening comments? Mr. Nary, would that be you? Meridian City Council August 11, 2009 Page 17 of 22 Nary: Certainly can be. Thank you, Madam Mayor, Members of the Council. This is an item that's been before you previously. This is a discussion of a transfer of some city property to the Ada County Highway District at no cost for some right-of-way improvements. This is a section of property that has a well lot on it that the city maintains or city owns and this right of way portion will not interfere with that -- either the maintenance or the use of that facility. If the Council -- after the public hearing is closed, if the Council is of the mind set to move forward, I have some specific language in the motion. De Weerd: Thank you, Mr. Nary. Any questions for staff at this time? Hoaglun: Madam Mayor, just a quick question. I think there was a discussion of -- did that have two access points for that piece of property? I'm trying to recall if that did and were we preserving both of those or -- because there was a discussion about moving big trucks in and out, especially if we have to do repairs on the well. Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, I remember the discussion and Ican't -- I don't specifically recall whether there is one or two accesses. The access that is remaining is adequate for the maintenance trucks. I don't recall if it's just one or two, though. Hoaglun: Okay. As long as we preserve that -- that access. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: The answer we received when we heard it the first time was that there are two and they will remain there on the plans. De Weerd: Okay. Thank you. And this is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Thank you. Council, there is no public comments. Do you need further information from staff? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Mr. Nary mentioned something about specific language for the motion. Nary: Yes. Madam Mayor, Members of the Council, Council Member Rountree, if the -- once when the hearing's closed and the Council wants to move forward, the motion needs to, basically, direct that the Council finds it's in the city's best interest to transfer or convey this property to the Ada County Highway District without compensation and that staff be directed to prepare an ordinance to authorize that conveyance. Meridian City Council August 11, 2009 Page 18 of 22 Bird: Madam Mayot? De Weerd: Mr. Bird. Bird: Bill, we have got ordinance 09-675, does that not do it? Nary: That's from a prior week? Bird: Look in your -- in your deal, Bill. 09-675, resolution declaring the intent of the City of Meridian to convey to the Ada County Highway District certain real property located at 303 North Ten Mile Road, a portion of Ada County Parcel Number -- I'm not going to read the number. Nary: That's the -- I don't mean to interrupt you, Mr. Bird. That's the resolution that's required to establish this public hearing that's required by statute, then, we would have an ordinance that we would bring back in front of you to actually make the transfer. Bird: Okay. This was the resolution. Nary: Yes. Bird: That brought it forward. Okay. De Weerd: Okay. Anything further'? Bird: Madam Mayor, I move we close the public hearing on Item 8. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. I do need a motion on this item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I hope I get this right. I move that we direct the city staff to come back with an ordinance showing conveyance of property at 303 North Ten Mile Road for right of way purposes to Ada County Highway District. That's sufficient, Bill, isn't it? Nary: Without compensation. Meridian Ciry Council August 11, 2009 Page 19 of 22 Bird: Without compensation. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: Consider the proposed trade of a .09 acre portion of City-owned real property at 3064 West Malta Drive (Heroes Park) for real property of equal value to provide deeded pathway access between the northwest border of Heroes Park and North Ten Mile Road: De Weerd: Okay. Item 9 is a public hearing considering the proposed trade of land that's city owned to provide deeded pathway access between the northwest border of Heroes Park and North Ten Mile Road. I have opened this public hearing, whoever would like to introduce this. Nary: Madam Mayor, Members of the Council, this is another matter you previously heard. We have a resolution that -- it was noticed up for the public hearing tonight for public comment. Once the public hearing is concluded, this is an exchange of property, so different than your last one, this is an exchange of property with the adjacent property owner to Heroes Park for the pathway and for access to their parking lot. Mr. Siddoway can talk about the specifics if you want that. That after your conclusion of the public hearing, we have, again, specific language from the statute as required for your motion if you're moving forward to convey it. De Weerd: Okay. Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Seeing none, Council, any further information needed from staff? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Has anybody spoken recently with the -- I guess it's the church that we are trading property with -- to make sure that they are still wanting to do this? Anybody reconfirm that recently? Meridian City Council August 11, 2009 Page 20 of 22 Siddoway: I haven't confirmed it personally, but Elroy Huff on my staff has been meeting with them and the consultants that we have working on the design projects for -- have prepared the legal descriptions and they are on board with this and they will be receiving the land that their parking lot currently sits on, in exchange for property on their -- along their north side where we would like to build a pathway. Zaremba: Okay. Thank you. I just wanted to ask that, since they did not come to the hearing tonight. De Weerd: Okay. Thank you. Thank you, Steve. If there is no further information from Council, I would entertain a motion to close the public hearing. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on Item 9. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Madam Mayor? Zaremba: Mr. Zaremba. Zaremba: I move we approve the trade and request staff to provide us with an ordinance at a future meeting that would make that a reality. Nary: Madam Mayor? De Weerd: Do you need more specifics? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, if you would simply also include that the property being exchanged, that the property in exchange be of equal value pursuant to the terms that are already contained in the public record. Zaremba: Yes. I would ask that that finding be included, that the properties are of equal value. Nary: Thank you. Zaremba: Thank you. Meridian City Council August 11, 2009 Page 21 of 22 Hoaglun: I'll second the motion. De Weerd: Okay. I have a motion and a second. I won't ask Councilman Zaremba to repeat that. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: Ordinance No. 09-1424 Revision of Disorderly Conduct Provisions Re~ardin9 Bepsting or Solicitinra Alms: Item 11: Ordinance No. 09-1425 RZ 09-001 Request for Rezone of 7.65 acres consisting of 25 single-family residential lots and 2 common lots (Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10 and Lots 2-9, Block 1, Dove Meadows Subdivision No. 1; portions of Lots 11 & 12 and Lots 13-24, Block 1, Dove Meadows Subdivision No. 2) from L-O to R-8 for Dove Meadows by City of Meridian Planning Department - various properties in Dove Meadows Subdivision Nos. 1 and 2 zoned L-O: De Weerd: Items 10 and 11 are proposed ordinances, 09-1424 and 09-1425. Madam Clerk, if you will read these two ordinances by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1424, an ordinance amending Title 6, Chapter 3, Section 2 of the Meridian City regarding disorderly conduct and providing an effective date. Holman: City of Meridian Ordinance No. 09-1425, an ordinance RZ 09-001, Dove Meadows Subdivision, for the rezone of a parcel of land located in the southwest one quarter of the southeast one quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada county, Idaho, being a part of Dove Meadows Subdivision No. 1 and Dove Meadows Subdivision No. 2, as described in Attachment A and annexing certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from L-O, Limited Office District, to R-8, Medium Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard these two ordinances read by title only. Is there anyone who like to hear them read in their entirety? Seeing no one from the Meddian Cily Council August 11, 2009 Page 22 of 22 public who would like to make such a request, Council, I would entertain a motion to approve ordinances on Item No. 10 and 11. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the ordinance 09-1424 and 09-1425, with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve the ordinances Items 10 and 11. If no discussion, Council, I would ask roll call from Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Mr. Bird, it is five minutes to 8:00. Do I have a motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All those in favor way aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:55 P.M. (AUDIO RECORDING ON FILE THESE PROCEEDINGS) MAYOR Y de WEERD DATE APPROVED ATTEST: cITY ~,, .~ lFo SEAL ~,y_ ~,~ - August 7, 2009 MERIDIAN CITY COUNCIL MEETING August 11, 2009 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of July 21, 2009 Special Workshop 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: Emailed: COMMENTS Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. August 7, 2009 MERIDIAN CITY COUNCIL MEETING AUgUSf 1 1 , 2009 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of July 28, 2009 City Council Regular 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: Emailed: COMMENTS Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Clly of Meridian. August 7, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST A Inc rlha JB's ust 11, 2009 ITEM NO. 5'C New Beer S~ Wine License Application for KJ's Restaurants, giant Icoated at 1565 South Meridian Road AGENCY COMMENTS CITY CLERK: See attached 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: Q SANITARY SERVICE COMPANY ) CENTRAL DISTRICT HEALTH: t NAMPA MERIDIAN IRRIGATION: ('~ SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Merldlan. NEW BEER/WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal -Office Use Only: ~ _ /~~~ ~ r g~~- Applicant: KJ's Restaurants Inc. Business Name: JB's Restaurant Location: 1565 S. Meridian Rd.. Meridian 83642 License Type: [X] Beer [X] Wine [] Liquor - (wine included) Application /File Fee: Beer $200.00 & Wine $200.00 = $400.00 Receipt No. 16791 Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Date Plannino Department: Planning Director Approval: ~iQ:Q., G~d~e%,c„Q, ?~o~S( Q Signature Date Public Works Department: / Development Services Manager Approva~Q 7/~-7~oq' Signature ate PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the August 11th, 2009 City Council Agenda. THANK YOU. NEW BEERIWINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal -Office Use Only: Applicant: KJ's Restaurants Inc. Business Name: JB's Restaurant Location: 1565 S. Meridian Rd.. Meridian 83642 License Type: [X] Beer [X] Wine [j Liquor - (wine included) Application /File Fee: Beer 5200.00 8~ Wine 5200.00 = 5400.00 Receipt No. 16791 Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Date PlanninaDepartment: ~~ ~~vsF Planning Director Approval: `"f I ~Yl~., 7~5~~`~ Signatur Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the August 11th, 2009 Cify Council Agenda. THANK YOU. Page 1 of 1 Nancy Radford From: Bruce Freckleton Sent: Monday, July 27, 2009 2:37 PM To: Nancy Radford Subject: RE: New Beer/Wine License Application for JBs Restaurant - C/C Approval Date: August 11th, 2009 Attachments: Bruce Freckleton (freckleb@meridiancity.org).vcf Nancy, Development Services doesn't have any outstanding issues related to the application, therefore please consider this email as my approval. Thanks, Bruce -~~~~~ IDIAI~.-~ Bruce Freckleton Development Services Manager Meridian Public Works Department From: Nancy Radford Sent: Monday, July 27, 2009 1:21 PM To: John Overton -Police; Joe Silva; Kenny Bowers; Anna Canning; Bruce Freckleton Subject: New Beer/Wine license Application for JBs Restaurant - C/C Approval Date: August 11th, 2009 Hello All, Here is a New Beer/Wine License Application for~B's Restaurant. The scheduled City Council Approval date is August 1 1 th, 2009. Please click on the above link, print, sign off and return signature page to me at your earliest convenience. Have a great day, .r'uancy 1Zadfor~f Assistant City Clerk City of Meridian 33 E. Broadway Ave. Meridian ID 83642 Direct Line: 208-489-0391 7/27/2009 THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED 8; •s N ~ 0 ~- r' O ll~""~. v m O N O O +~= ~' ~ E ~ ~ ~ ~ ~ ~ ~ r r,~ _.. _c ' 5' } ~ ~ Q ~ ,U •w ~ ~ ~ , S T W " ~ `1u rr~, `; U U J ~ ~ CS ~ ?, of ~ ~ tN""' J cc 6 Q ~' Li ~ '~ °' ~ o ~ ~ ~ O (6 ~ "" V V ~ N ~ ~ ~ ~ ~ ~ ~ V V (n ~ CS .s J j ~ ~ O d ~ Ln ~ ~ a ~ w, W V ~Fd ~ ~ ~w , ~ m ° ~° s c ~ , O ~ _ .'° /~ i V /f to ~~ /C~ ice/ C '~ 1w~, ~ N_ OU ~ J ~ V O ~ v n y ~ ~ U N ~ a~ ~ ~ ~ ~ ~ m m m ~ ~ ~ ... ~ Y o o~ o ^' 0 -° ,~° E ll~ ~' L ~ ~ [ij ~ ~. y ~. ~ ` ~' ~ ~ y~ a y o y o '~ O O rti 7 i N ~ ~ O +„ y N 3 ~ U O ~ ~ ~ ~ ' N y '~ ~ ~ N Q '~ Q, ~ `- ~ib. ~u ~ ~ '~ O ~v N V U V V `o c V J a z y a~ ` a.G H F ~ ~ Q Q ~ N D ~ Q Q Q.' W W ~ Q NN LL ~ 0 ~ '~ Y ~ m - ~ ts7 ~ W ~ O O O O O O O ~ 0 I Q ) ~ N ~ N y Z } } Z ~ Z ~ c 0 Q 3 ~ ~ C S7 ~ m ~ U iT a t d ~ C w ~ '~ t~ .. ~ d ~ ~ ~ ~ O ~ ~ Q ~ +Q N N N ~ O to C C m O Y ~ ~ ~ W W H O O r O N M O i O O O U r`~-. O N M_ W ,tm.V a w 0 m a ~`~. o m n v m a 0 z a tuay t, 2009-April 30, 20/0 ADA COUNTY LICENSE May J, 2009-Apri130, 2010 STATE OF IDAHO 2010 N0.14537 Year THIS 1S.TO CERTIFY THAT KJ'S RESTAURANTS INC JB'S RESTAURANT is granted a / to conduct a / or fora ALCOHOLIC BEVERAGE License (TYPe) at 1565 S Meridian Rd in Meridian 83642 ,State of Idaho (Street Address) (City or Town) ,' and has complied with the Taws of the-State of Idaho and/or regulations and ordices of Ada County. BEER Bottled\Canned WINE By The Drink TOTAL 75.00 100.00 Signature ofLiceise~~o}~Officer of Corporation 175.00 ~J . David Navarro, Clerk/Auditor/Recorder Approved by the Bhard of County Commissioners this 16 day of June 2009 Chairman August 7, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Resolution: 2009 Plannina Fees 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: August 11, 2009 COMMENTS See aHached ITEM NO. ~` l~ Sb ~~. \° Y ~~ Date: Phone: 5-D Emailed: Staff Initials: Materials presented aT public meeTings shall become property of The City of Meridian. CITY OF MERIDIAN RESOLUTION NO. O~(' IDTI BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION RATIFYING THE MERIDIAN CITY COUNCIL'S APPROVAL OF THE PLANNING DEPARTMENT'S FEE DECREASE AND NEW FEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 28, 2009, the City Council of Meridian held a hearing on the adoption of changes regazding the following proposed fee decrease and proposed new fee for the Planning Department as follows: Table 6: List of Proposed Fee Changes Proposed Permit/Decision Fee Existin Fee Certificate of zoning compliance w/prior approval 173 187 Certificate of zoning compliance verification 53 0 WHEREAS, after such hearing, the City Council, by formal motion, did approve said Planning Department Fee Schedule; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section I. That the Planning Department proposed changes for fee decrease and proposed new fee is hereby adopted as follows: Table 6: List of Proposed Fee Changes Proposed Permi!/Decision Fee Exisdin Fee Certificate of zoning compliance w/prior approval 173 187 Certificate of zoning compliance verification 53 0 Section 2. That the Director of the Planning Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect on the 12t1i day of August, 2009. PLANNING DEPARTMENT PROPOSED FEE DECREASEAND PROPOSED NEW FEE - 1 of 2 2009. 2009. ADOPTED by the City Council of the City of Meridian, Idaho ~ ~ ~of August, APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~ day of August, ATTEST: JA APPROVED: /L1 MAYOR de WEERD `\~a,~iuuu~~„~~ ~ ~ Q ~~~~~Cy ~ M~~~9 ~~'~. HOLMAN, CITY?CL x $EAL ~ ~~ 'gyp '2sr ts't •, Q1` c' .,, ~V~V , ,~~,~ ~~unnm ~n~"a, PLANNING DEPARTMENT PROPOSED FEE DECREASEAND PROPOSED NEW FEE - 2 of 2 August 7, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT August 1 l ,2009 ITEM NO. S-E REQUEST Change Order No. 1 with Treasure Valley Drilling, Inc. for We1128 Production Well Construction for $9,348.60 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 attached Contacted: Date: Phone: _ Emailed: Staff Initials: Mahdals presented al pubge meeflnps ahaq becorm prop~dy o} Me CNy of Meddian. Memo To: Jaycee Holman; Tara Green From: Clint Worthington, P.E., Staff Engineer CC: Kyle Radek, P.E., Assist. City Engineer Warren Stewart, P.E., Engineering Manager Thomas Barry, P.E.G., Public Works Director Becky Licari, Administrative Secretary Date: July 23, 2009 Re: Proposed Agenda Item for August 4, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 4 City Council agenda, under Consent Agenda, for Council's consideration: were required to drill and develop Well coon. Additional time and materials order consists of the following work: • Addition of mud dispersing chemical to develop Well #28. • Additional time required to develop well due to mud dispersing chemical and increased length of well screen. • Additional quantities of sand, casing and well screen due to increased well depth. • Additional time required due to site work. For a more detailed description of the additional required work please see the attached email from the consultant, Hydro Logic, Inc. The change order will be paid using funds from the Enterprise Fund for Well #28 Construction (60-3490-96166) Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for Weil 28 Production Well Construction with Treasure Valley Drilling, Inc., for $9,348.60 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 u(-4~4 09 U1 ~~P Sherry Ju1,24 2089 1C~43~M CIT~f OF MERIDIAN 33 EABT IDAHO MEWDIAN, ID 83642 CONTRACT CHANGE ORDER p.2 Na•8157 P Chonpo Ordor Nd.: 1 Pfdject NumMr: 0T33c par: 712312009 EBeetlw Da1C CONTRACTOR: Treeaure VMley D1111ing, Ina PROJECT: Woll ~B laroductlon WNI Cofrotn+ction The Centroeaor r Mnrpy dlrocted to mda tM fellowrp ehsn6as kom lhs Conlnct DxumeMe and Plans. Dsaclptlon: 1J ~ AddNDn of mud dlapersln0 chG+tiul b dawbp wee Z8 2)'.. Additional ame requked b develop well due b mud dlaperaing dNlydcel and hergeed length dwell a~esn 3) ! Addldonol quenlNrs of sand, onah0 and wall screen due b tncresaed well depM 4);. Aadabnal pma requ'red due belts work Ranson for Change Order. Additional tkne and materiels required to drill and develop well 28. Alfawrmwnla; Email from Hydro LoOic, Inc. explalnln8 chen0e order. CHANGE IN CONTRACT PRICE: CHANGE IN CQNTRACTTiMtiB: Orlplnel Conkxt Ptk:e: ,028.00 OdglrW CaMnaCampkVOn Date: Odgkrad Conked Cam rncn De Nat ehanges farm prevbua C.O.'s.: NN Gaya change form pterleus C.O.'e: Ne. Q b Q No. Q b 4 sD.oo Contrscl Pnce Prbr b Mlle C.O.: Cantracl Cange4on Dab Mlae this C.O.: $244,028.00 Nel Inrnsasa (decrease) or ads C.O.: Net Daya Increase (dedeSaa) of Via C.O E9,348.80 Cdntracl Pnoe aiVr all Appmvad C.O.M: Contrast Canpiwan Daea win eA Approved C.O.'s: f2S3,3T4.80 ROCOMMENDED: (CON8TAUCTIOR utAwtDER) C'TOR) eri~--} .r-~ ~ ~~~~~~~ ey at„ oats: 7-1N-zoa ~ Dee: 7 a4-Soo ~ 1~~~>rbNT) APPROVED: (CITY PUR ~ /J / // COUNCIL APPROYAI / By. Keith Watt ///// j/ / / rrnrr, ~(,c ~ % u,BT II D r Date: 8.. ~ _ ~ .~~ O ~. a : APPROVED: ~ C%~^/~C^y`~"/' {/~~ ATTEST: `~ ~ ~: ` r 8Y~ Mayor'fam d ~~ By: City perk Je Hyman D te ~ - $EAL Dar: a : /~ - ,~' Page 1 of 2 Clint Worthington From: Ed Squires [edQhydrologicinc.net] Sent: Monday, July 13, 2009 8:25 AM To: Clint Worthington Cc: Kyle Radek; Warren Stewart; Tom Barry Subject: 7-13-2009 City Wetl #28 Final Treasure Valley Drilling Invoice Reconciliation Attachments: 7-9-2009 Comparison of Bills to Bid Schedule for Meridian #28 Supply Well from TVD.xIs YI 1002 W. Franklin St. Boise, ID 83702 T208)_342-8369 Fax: j20tlj 342-3 t00 Cell:_j208) 631-6781 Clint, We have reviewed and reconciled Treasure Valley Drilling's final invoice for City Well #28 against our documentation of time and. materials for the project. Attached, above, is a tabulation of the Contractor's three invoices for the project showing a total overage of $ 9,348.60, This is a little less than 4% over the original contract amount of $ 244,026 for a total actual final cost of $253,374.60. The significant overages and/or differences are due to the following: 1) MUD-DISPERSANT: a. We had TVD use 20 gallons ofmud-dispersing chemical in the development process. b. Although we have not in the past always recommended this chemical when jetting, the excellent results we have been achieving suggest that we probably should always use it and include a place for it in the bid schedule. We definitely felt a need to use it on Well #28 owing to the mud weight and deeper water levels c. This was an additional $ 2,000. 2) WELL DEVELOPMENT HOURS: a. We had TVD carry out an additional 8-hours of well development owing to an additional 16 feet of screen and the mixing and injection ofmud-dispersant. b. This was an additional $ 2,200. 3) DEEPER WELL: a. Owing'to the dip of the aquifer to the S W, we drilled the well deeper, used more sand, casing, and well screen: b. Over all, the additional footage cost about $ 3,048.60 4) SITE WORK WITHOUT RIG: a. TVD had an additional 11.5 hours of site work without rig time. b. This work was extra work in removing drill mud from the site, extra berming, and site grading requested by City. c. This added $ 2,100. 5) DRILLING CREDIT BACK a. We caught a mistake on the TVD invoice #2 where we did not.recognize the 53-foot auger hole that was included in TVD's total depth for mud-rotary drilling. That 53-foot of drilling footage has been credited back to the City on this invoice; a credit of ($ 7,155). 7114/2009 Page 2 of 2 6) CONCLUSION: a. These chargesare all reasonable and due to unforeseeable circumstances in the' discovery environment of drilling. b. Indeed, a discrepancy of less than 4% is pretty low in this business. c. Our recent camera inspection of the newly completed well tells us that the well was constructed as designed and well developed. d. Por that reason, and as long as the invoice you receive contains our edits (above), we feel the City can pay Treasure Valley Drilling in full (including retainage if you so desire). If you feel you must do a change order for the overage, perhaps the driller can get paid up to contract amount until the change order is completed. All for now. Ed 7/14/2009 August 7, 2009 MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1,2009 5-F APPLICANT ITEM NO. REQUEST Task Order No. 0770a with Murray, Smith 8, Associates for Well 23 for a Not to Exceed Amount of $23,000.00 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 aMaeMd Contacted: Date: Phone: _ Emailed: Staff Initials: Mahxiab pnsenbd of pabllc meelinpt shah become properly of the CNy of MeridWn. Memo To: Jaycee Holman; Tara Green From: Kyle Radek CC: File, Date: 7/22/09 Re: Proposed Agenda Item for August 4 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 4 City Council agenda, under consent agenda, for Council's consideration: Public Work recommends City Council approves the Task Order 0770a with Murray, Smith 8 Associates, Inc for Operational Plan and Preliminary Engineering for Well 23 for anot-to~xceed amount of $23,000 and authorizes the Mayor to sign it. The purpose of this project is to take the next logical steps in the planning of alternatives for the continued use of City well 23. Well 23 produces water that is above the regulated maximum contaminant level for uranium. The City has examined alternatives for improvements to allow the continued use of well 23 in the future and made plans to be able to use the well until such improvements are made. This Task order is to develop an operational plan that allows the City to use the well on a Time Weighted Average basis, and develops a preliminary cost estimate for the apparent preferred aNernative for improvement to the well. This project is part of Well 23 Improvements FY09 enhancement and will be charged to consulting 3490-55103. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 EXHIBIT A TASK ORDER N0.0770a OPERATIONAL PLAN AND PRELIMINARY ENGINEERING FOR WELL 23 CITY OF MERIDIAN This Scope of Services is for Professional Services between Murray, Smith & Associates, Inc. (MSA) and the City of Meridian (City). Task Order No. 0770a shall be for professional engineering services to develop an operational plan and provide preliminary engineering work at We1123. Task Order shall be in accordance with the MSA Master Agreement for Professional Services dated June 18, 2007. Background Uranium has been detected at levels at We1123 that exceed the 30 parts per billion (ppb) MCL established for uranium in the Radionuclide Rule. Because of these high uranium levels, the City has requested that the status of We1123 be changed to "emergency" with the Idaho Department of Environmental Quality (IDEQ). This will allow the City to utilize the facility as a redundant source in case of an emergency situation such as the failure of another well or under fire conditions. The City wants to be able to have the well turn on (in an automated manner) if pressures in the system drop to critical levels. In order for the well to be operated off of pressure, IDEQ is requiring that an addenda to the current Well 23 Operations Manual be created that clearly defines how the well will be controlled. This operations manual will require IDEQ review and approval. MSA, under a separate scope of work provided a preliminary evaluation of alternatives to assist the City in determining what could be done with We1123 in terms of potential improvements and operations. One of the recommendations of that report was that a hydrogeology evaluation be completed to assess the potential for Aquifer Storage and Recovery (ASR) or drilling a new well at that location. The hydrogeology report has subsequently been completed, which recommended drilling a new deeper well at the Well 23 site that could be mixed with the existing We1123 water in order to lower the blended water's uranium level below the MCL. The City has subsequently requested MSA revise the Well 23 Alternatives evaluation to include the findings of the hydrogeology report and to provide a cost estimate for implementing the blending option at We1123. A .description of the scope of services is included below. SCOPE OF SERVICES Task 1-Prepare Operational Manual Addenda for Well 23 MSA will work with the City to create a document that can be inserted into the existing Well 23 Operations Manual. The City Water Department has requested that a flowchart type figure be created in addition to the written plan for use by operations and maintenance staff. Coordination with DEQ to ensure that the proposed plan addenda will meet with approval will also be conducted. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. We1123 Support July 2009 Engineers/Planners 1 C:\Documents and Settings\ds\Lucal Settings\Tempomry In[emet Files\Con[entOutlook\124NW1.113\We1123_acope of work_71709 (2).doc Assumptions Up to three (3) iterations of draft plan submittals with IDEQ are included in the budget. Up to two (2) meetings with City staff is included in the budget. Deliverables 1. Draft and Final We1123 Operations Manual Addenda Task 2 -Update Well 23 Alternatives Technical Memorandum MSA will incorporate the conclusions from the May 2009 hydrogeology report into the eazlier generated memo. The hydrogeology report recommended that a new well be drilled at the We1123 site and blended with the existing well water to effectively lower the Uranium concentrations. A description of the proposed blending system as well as the operations required to control the facility will also be identified. There maybe several options for blending and controlling We1123 and the proposed well, particulazly due to the existing variable frequency drive (VFD) on We1123. MSA will generate order of magnitude costs to for implementing blending at We1123.Other options and planning level costs to convey Well 23 water to the proposed reservoir site will also be identified for comparison purposes. Some verification of the quantity of water that can be conveyed from the We11231ocation will also be conducted using the City's hydraulic model and results will be incorporated into the memorandum. Correspondence with IDEQ is included in this task to ensure that in general, the equipment and controls proposed will meet with regulatory acceptance. It is anticipated that this will require a number of email and phone correspondence as well as one or more face to face meetings with IDEQ. There is some precedence for inline mixing at other Idaho utilities, that examples will be leveraged where applicable when dealing with IDEQ. Two on-site meetings with City staff aze anticipated with this task. The first will be conducted to provide information on the proposed equipment and controls required. Comments and other ideas will be incorporated into the evaluation after the meeting. A final meeting to discuss the revised draft memorandum will be conducted with City staff at the conclusion of the project. Assumptions Planning level construction cost estimates will be developed for blending as well as piping the water to the proposed reservoir site for blending at that location (potentially with a new well at that site). No other alternatives will have costs developed at this time. City staff will provide the hydraulic modeling verification on We1123 distribution/transmission capacity. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. We1123 Support July 2009 Engineers/Plannets 2 C:\D000ments and Seaings\ds\Local Settings\Temporary In[emet Files\Content.0unook\I24NWL113\Well23_scope of work 77709 (2).doc Deliverables 1. Draft and Final We1123 Alternatives Technical Memorandum BUDGET The overall not-to-exceed budget for this task is shown in Table 1. The work will be billed on a time and expenses basis under the terms of the MSA Master Agreement for Professional Services using the current billing rates from the 2009 Schedule of Chazges. The total budget shall not be exceeded- without written authorization. Table 1 Labor Hours and Total Project Costs Task 1 -Prepare Operational Manual Addenda for Well 67 $8,000 23 Task 2 -Update Well 23 Alternatives Technical Memorandum 125 $15,000 TIME OF PERFORMANCE MSA will make every effort to complete the work in a timely manner; however, it is agreed that MSA cannot be responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time this Task Order was executed. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Well 23 Support 7uly 2009 Engineers/Planners 3 C:\Documents and Settings\ds\Incal Settings\Temporary Internet Files\ContenCOudook\R4NW[.113\We1123_scope of work_71709 (2).doc ~~ ~ Tammy de eerd, Mayor •,~, Date: Attest: t„nui",qt ~,, pF M~ ~'' Rips ,,, ~y '~~rFo - SEAL Jaycee Holman, City Clerk '~ ~o~ a a ~r 1 Date: -Q ~~~0 1st • ~.~`,.~ Approved by City Council: , ~ ~ j VTl `. ~,v~~"/ Murray, Smith & As ciates Inc. By: Title: ~ ° e v Date: City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Well 23 Support July 2009 Engineers/Planners 4 C:\Documents and Settings\ds\Local Settings\Temporary In[eme[ Files\Conten[.Outlook\R4NWLl13\We1123_scope of work_71709 (2).doc August 7, 2009 MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1,2009 ITEM NO. 5'G APPLICANT REQUEST Task Order No. 10082 with Hydro Logic, Inc. for Well 23 for a Not to Fxceed Amount of $23,000.00 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: Emalled: Staff Initials: Mabrlals presented al pubUe meeHnys shall become properly of the Cfy of Meddlon. COMMENTS See altaehed Memo To: Jaycee Holman; Tara Green From: Kyle Radek CC: File, Date: 7/24/09 Re: Proposed Agenda Item for August 4 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 4 City Council agenda, under consent agenda, for Counal's consideration: Task Order 10082 with Hvdro Logic. Inc for Well 23 Evalutation for Ground Water Quality Improvements Includino Aouifer Storage and Recovery Public Work recommends City Council approves the Task Order 10082 with Hydro Logic, Inc for Well 23 Evaluation for Ground Water Quality Improvements Including Aquifer Storage and Recovery for anot-to-exceed amount of $18,143.75 and authorizes the Mayor to sign it. The purpose of this project is to evaluate the ground water geochemistry of City Well 23 and deterrnine the feasibility of alternatives for continued use of this well for supply in the City's water system. The task order will include development of a comprehensive completion report for the well examination of geochemistry and a technical memorandum describing the feasibility of alternatives including ground water blending and aquifer storage and recover. This project is part of Well 23 Improvements FY09 enhancement and will be charged to consulting 3490-55103. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 TASK ORDER NO. 10082 CITY OF MERIDIAN (OWNER) AND HYDRO LOGIC, INC. (HYDROGEOLOGIST) This Task Order is issued by Owner and accepted by the Hydrogeologist pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated February 18, 2007. CITY OF MERIDIAN COMPREHENSIVE EVALUATION FOR GROUND WATER QUALITY IMPROVEMENTS IN MUNICIPAL SUPPLY WELL #23 INCLUDING ASR PURPOSE The Hydrogeologist's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Hydrogeological Consulting Services per the Consultant's proposal dated June 5, 2009. TASK 1.1 -EVALUATE EXISTING WELL CONSTRUCTION AND GEOCHEMISTRY DATA Per the City's request, Hydrogeologist will compile, synthesize, develop, and present the geological, geophysical, hydrogeological, geochemical, and as-built details of well construction for the City's municipal supply Well #23. This evaluation will be aimed at resolving regulatory restrictions on the use of ground water from Well #23 owing to elevated concentrations of dissolved uranium in excess of the maximum contaminant level imposed by the 2004 USEPA Radionuclide Rule. The Owner will provide access to data Hydrogeologist will develop a comprehensive report on the siting, drilling, construction, development, testing, and sampling of the Well #23. The report will evaluate the drilled geologic section, sampled geochemistry results, and aquifer test data with an eye toward resolving the well's uranium contamination problems to allow continued use of the well and the protection of the City's investment in the facility. Deliverable products will include two reports. The first report will be a comprehensive compilation and description of all data available for the Well #23. The second report will be in the form of a Technical Memorandum aimed directly at the resolution of the water quality problems in this well. The TM will include a conclusions section, a listing of available options to improve water quality, and a recommendation for which option to pursue. Hydrogeologist will work closely with the City's Public Works Department TIME OF COMPLETION It is anticipated that three bound hard copies, each with its own compact disk of the compiled volume, shall be provided to the City in July of 2009. COMPENSATION The Not-To-Exceed amount for this Task Order No. 10082 is sixteen thousand dollars ($18,143.75) as tabulated on the attached cost estimate spreadsheet. The hourly rates for services and direct expenses is attached (Attached Fee Schedule for this project only effective January 1, 2009) and by this reference made a part hereof. CITY OF MERIDIAN BY: TAMMY d ERD, MAYOR i HYDROGEOLOGIST ED SQUIRES, YDRO LOGIC, INC. Attest: ~„~„~~~~~„~,,,,, ''' OF M TF~ ~, JAYCEE LMAN, CITY 6LE K gEAL August 7, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Change Order Nc Protect for $56,878.11 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: Emailed: COMMENTS See attached Date: Phone: _ Staff Initials: Mafedals presented of public meetings shall become properly of H» Clly of Meridian. August 11,2009 ITEM NO. S-H !with The Ewing Company for Biosolids Improvement E IDIAN~-- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, Assistant Ciry Engineer DATE: 07/27/09 SUBJECT: COUNCIL AGENDA ITEM FOR AUGUST 11, 2009 Mayor Tammy de Weerd tky Mandl Meroierfs Keith Bird Brad Hoaglun Charles Rountree David Zaremba The Public Works Department respectfully requests the following item be placed on the August 11 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No 2 for the Biosolids Improvement Proiect. The construction of the Biosolids Improvement Project (Project 0624a) has spanned over two years and has provided additional solids handling capacity at the wastewater treatment plant into the future. In order to complete this project, additional work has been required. This Change Order consists of funds for solids screening and grit removal, a dedicated water service line to the gas booster station, repair of leaks in digester 3 and a credit for the remaining funds in the asphalt allowance. This change order represents 0.55 percent of the total contract amount and makes the change order total for this project 2.8 percent. The change order will be paid using funds from the Enterprise Fund for WWTP Plant Expansion (603590-96170) Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Biosolids Improvement Project with The Ewing Company for $56,878.11 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. ~~s~. ofl CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83842 CONTRACT CHANGE ORDER Clamge Order No.: 2 Project Number. 0624a Date: 7f23l2009 EBacfive Date: CONTRACTOR: The Ewing Company PROJECT: BI08011d61mpfOVenlMt PfO~atit The CoMraetor le heroby directed to make the }ollowing cMngee }rom the Controet Documenffi and Plana. Osaciption: 1) Addiaonel digeaffir seeding erW sludge ecreeNng. (WCD 51) 2) Replace seal water aervke line to the Oea Booster wtlA a dedicated service b alleNaffi strain on seal water system (WCDSe) 3) Repairot groundwater leaks in eldstlng Digester M3. 4) Removal of the Ph that socumuktetl r a resuN of screming entl claming dlgaste,e 1, 2, and 3. (DIQ GRIT) 5) Credo for remelnder of Aapheh Allowance d 511,038.30 Reason for Change Or~v: Additional work required. AVaehmamn: The Ewing Company Change Proposal Requests for WCD 51, 56, RFP 7 and the Grit Removal CHANGE IN CONTRACT PRICE: CHANGE W CONTRACT TRt1ES: Odgkial Conhact Pdce: $10,314,000.00 Orpirtel Contract Complatlon Daffi: O nd Contreq Compkaon Dfl Net Menges tom prevlow C.O.'a.: Net Days change form preNoue C.O.b: No• 4 ro ? No, q to 1 $233,081.88 225 der CoNrecl Pdce Pdor M this C.O.: Cmiract Completion Data before this C.O--: $10,547 081.98 14JUn•09 Net Increase (decrease) or this C.O.: Net Oeye Inoroaea (dacraeaa) a}MIS C.O.: %$56 878.11 80 de CoNtract Price with all Approved C.O.'s: Camrect Completlon Date wiM ell Approved C.O.'s: $10,603,980.08 2sep•oa RECOMMENDED: (CON ST RUCTION hwNADER) ACCEPTED (CONTRACT ) . r ~ ~~ By: By: Date: 7. L4- 04 Date: APPROVED: (CfrY PURCHA COUNCIL APPROVAL /~~ By: KBNh Watts / `~ ~ / T // ~ a ~ ' Date: 8-i2 -D ,y~ ~ '9 ~ ~• Daffi: APPROVED: By: Meyer Tem m ATTEST: - Y By: Cky perk, J {/ohrra¢ Q oat@: O ~ ' ~ paro: ~ ~~ ~ ~q '~J ~Ap'? ; . vp ~ Q`C ~ ~. CdUNT'f ~ ~ ~``~` ~~~ry.p t, ri ; i n„~ ~~~~ January 29, 2009 City of Meridian 33 E Broadway Ave. Meridian, ID 83642 Attn: Clint Dolsby Meridian W WTP Biosolids RE: WCD 051 Deaz Clint: Please find attached a quote from NW Digester Cleaning to clean Dig#3 and screen additional materials for a lump sum of $29,500.00. Thank you. o r Prol ct Manager The Ewing Company, lnc WORK CHANGE DIRECl'IVE No. 051 PROJECT: HIOSOLIDS IMPROVEMENT PROJECT DATE OF ISSUANCE: February 11, 2004 EFFECTIVE DATE: February 1, 2009 OWNER: City of Meridian Project No. 6586E.30 CONTRACTOR: The Ewing Company. ENGINEER: Carollo Engineers, P.C., Yon are directed to provide a prke gnotatlon for the following change(s): Provide cleaning and additional screening of contents of Digester 1, 2 and 3 as quoted to the City. See attached email for full description. Parpose of Work Change Directive: To clean Digester I, 2 and 3 and transfer scaeened content to the new digesters. IFa claim is made that the above change(s) have affected Contract Price or Contras'1'imes any claim for a Change order based thereon will involve one or more of the following methods'of determining the effect of the change(s). Method of determining change in Contract Price: ^ Unit Prices x Lump Sum ^ Other Method of determining change in Contract Tiraes: ^ Contractor's records ^ Engineer's records ^ Other Estimated increase (decrease) in Contras Price: Estimated increase (decrease) in Contract Times: Lund sum price quotation to be sup In ied by the Ewin¢ Co Substantial: Completion: 0 days; Ready If the change involves an increase, the estimated amoum for final payment: 0 days. If the change is not to be exceeded without further authorization. involves an increase, the estimated times are not to be exceeded without further authorization. _-- RECOMMENDhyENGINEER:_--_------ _ - __--AUTHORIZED byOWNER_:_____ Ryan M. Anderson Ey: $y; ~~-~ (Authorized Signature) (Authorized Si lure) S:\PUBLIC WORKS\CLINT D'+7R1PI.AT7NHASE]\SOLIOS\TO CtdNT DOSITY 090705 - CD\WCr7~WC0 OSl- ADD7ITONAL CON7RACi scaEENMas.ooc - e February 26, 2009 City of Meridian 33 E Broadway St Meridian, ID 83642 Attn: Clint Dolsby Meridian W WTP Biosolids RE: Digester #3 Leak Repair Dear Clint: Please find attached a submittal on Sonneborn Sonolastic Polysulfide sealant to repair #3 Digester floor walllleak. We will pump tank dry and keep it dry. Sandblast the joint between wall and floor, apply sealant and let cure. Clean up sand blast materials and then Test, for a lump sum of $9,630.00. This will take about 2 weeks to complete after we Have notice to proceed. Please advise. Thank you. R J. Woodward Pr ject Manager The Ewing Company, Inc March 11, 2009 City of Meridian 33 E Broadway Ave. Meridian, ID 83642 Attn: Clint Dolsby Meridian WWTP Biosolids Deaz Clint: We are proposing a price to remove and dispose of sludge in dying beds for a lump sum of $18,064.00. Breakdown Load and Haul off $ 14,500.00 Supervision 1.6~•~ Sub- total $ 16,100.00 The Ewing co., Inc OH&P 1.610.00 Total $ 17,710.00 Bonding and Insurance 354.00 Total $ 18A64.00 Project Manager The Ewing Company, Inc July 21, 2009 City of Meridian 33 E Idaho St Meridian, ID 83642 Attn: Clint Dolsby Meridian W WTP Biosolids RE: WCD 056 Dear Cflnt: REVISED Please find attached a quote from Lacy Mechanical to furnish and install seal water line per WCD 056 for a lump sum of $10,722.41. Add for extra work see attached Lacy bill. Breakdown Lacy Mechanical $ 6,895.78 The Ewing Co., Inc 344.79 Total $ 7,240.57 Bonding 108.61 Total $ 7,349.18 See Lacy new bill 3.373.23 Total S 10 722.41 Thank you. DNi~~W.~ Rohe ,Woodward Project Manager The Ewing Company, Inc Jul 21 09 01:19p LACY MECHANICAL 1NC 2osa27-0r~ yac9 Mechenic$l, ~c cR,~o w utw PRE9IDEM Jnly 21, 2009 The Ewing Company, Inc 1500 Eldorado Street Suite 4 Boise, Idaho 83704 8874 W. Faindaw Avenue Boise. Idaho 89784 Attn: Bob Woodward Re: MeridianWWTP WDCNo. 56-Added Work Dear Bob, The following is our cost for the exha work associated with WCD 056 due to the waterli7te being abandoned. Hot Tap Sump Pump Ekcavetion Material Labor 15°Yi OH&P TOTAL Sincerely, ~~ Brent A. Lacy $150 $108.74 51,380.00 5124.50 $1,170.00 43 .99 $3,373.23 p.1 Plane (208) 377 3?37 FAX (200) 327.0563 woRx cealvcE n>RECrfva No. 056 PROJECT: $IOSOI.ID3 IMPROVEMENT PROJECT DATE OF ISSUANCE: July 2, 2009 EFFECTIVB DATE: 7aly 2, 2009 OWNER: City of Meridian Project No. 6586E.]0 CONTRACTOR: T11o Ewing Coarpany. ENGINEER: Carolb Bnginears, P.C., Yoa ere directed to provide s prke gaotatlon fear the foliawiog change(s): Roplace rho seal waterservice line that feeds the Gm Booster Stations with a potable water service m outiittedm the attached sketch. Asrpose of Wort Change Direetlve: Refieve derwmd on the seal water system caused by the addition of the Gm Booster 3taliem. u a ctemt to mess roar toe above ctfange(a) havo affocted Contract PriceorCorthactTirnessgyolsim forsChm:ge order based thereon will itrvolve one or tmre of the following methods of determining the edfect of the ahenge(s~ Method of detmmining change in Contract Price: Method of determining cbaoge in Contract Times: ^ Unit Prices x Lump Sum ^ Other 0 l7 Rstimated incroaae (decroase) in Conlraat Price: Estimated irkreeae (decrease) in Contract Timca: Lip sum once mmutiool to ba sunotig~by Uw Bwin&Co So6etantial Completion: 0 days; Ready If the change imrolvea an incremo, the estimated amount for final payment: 0 days. E'tbe change is not to be oxceeded without fln'ther authorization. involves as inaemo, the aetimaled timm arc not to bo exceeded without tbrtiter autioo. RECOMMBND by ENGINE ~ ' AUTHORIZED by OWNER: Ryan M. By dzed tgnalnre) By. (AUttonzed Si tature) Cosrtcactar's records Eagimer's records Other _ s:~tue>~ woAas~cra+rmranuarvnesetreormrrrco~w~co ms. ors tax:stma ww~araranac July 8, 2009 City of Meridian 33 E Idaho St Meridian, m 83642 Attn: Clint Dolsby Meridian WWTPBiosolids RE: WCD056 Dear Clint ,; . Please fmd attached a quote from Lacy Mechanical to furnish and install seal water line per WCD 056 for a lump sum of $7,349.18. ~-~iGt Thank you. Breakdown Lacy Mechanical The Ewing Co., Inc Total Bonding Total $ 6,895.78 344.79 $ .7,240.57 108.61 $ 7.349.18 Pro~ct Manager The Ewing Company, Inc Jul Utl UJ Uti:U'Ga CRAIG A. LPGY PRESIDENT July 8, 2009 208327-05F3 yac9 ~,echanic$l~ roc 9974 W. Fairview Avenue Bobo, ICaho 83704 p.1 Phone (2081377.3237 FAX (2061327-a563 Ewing Company, Inc. 1500 Eldorado St. Suite 4 Bitise, Idaho 83704 Ann: Rob Woodward Rc: blaidian W WTP Biosolids Project Work (Orange D[rcctive No. 056 Dear Bob: Following is the cost to replace INO scal water service line that feeds the Gas Booster Station with a potable waterserviee u per WCD No. OS6 and inehWes: tabor S 1,430.00 Permil 232.07 Water meta set up and IinC & R$s. 95424 1" Reduced pressure baekFlow preventer 269.ffi I"Tapping fee HD Sappty 150.00 I"year Backflow cenification fee 45.00 Cueing 574.00 E~.zavation 1,618.20 Patchitrg 722.00 15%ON&P Q99.A5 7'oral 56,893.78 LACY MECHANICAL INC mcerely, Crai A. Lacy " From: Lee McGrath [mall[o:lee@digasterman.com] Sent: Tuesday, January 27, 2009.10:05 AM To: Tracy Crane Cc: leejr@dlyesterman.com Subject: Dlyester cloning and screening proj~.t PLEASE NOTE THE ADDITION aF WA54aN6 DOWN ALL TF#2EE D16ESTERS Tracy Crane Wastewater Division Meridian, Idaho 83646 Subject: Additional cost for cleaning: digesters #1 and #2 and tfie :<reening of up to 140,000 gallons of additional material. This proposal covers the additional cost to; • Clean #1 digester, approximately 32,000 gallons sludge remaining • Clean #2 digester, approximately 32,000 gallons sludge remaining • Screen up to 140,fX)Q gallons tram dlgestera #1, Z d 3 • Digesters #1, 2 d 3 will be washed down using ava(lable plant water Sludge from #1 and #2 digesters wi ll 6e pumped into digester # 3 where it will be pumped out using cities Moyno pump into/through screening device and then pumped-.into digester #4. At some point in the emptying of all three digesters (#1, 2 b 3) the city may elect to divtrt sludge/material to drying beds if the material becomes such thnt it is undesirable to transfer over the #4, this would be mainly due to the presence of heavy sand/grit. At that point material will be pumped straight tram digesters to drying beds without going through screen. ' Plant to provide utilities os previously outlined in original contract. All oth¢r conditions will be applied. The Ewing Company to provide drop. box service: Additional cost for above proposal $ 29,500 * "* *The unfortunate weather conditions was a factor in the above pricing. We normally avoid at all. costs working our equipment in such conditions, we experience not only daily delays but equipment loss (hydraulic equipment suffers premature wear on start ups while reaching operating temperatures. If you could let me know as soon as you can regarding this proposal I would appreciate it. **Normally the cleaning and screening of tanks of your size and gallonage would only take a few. days to a week. Lee McGrath 503 720-1904 cell onsite I p ~._~ _ _..,: ____ ___ i - - !. _...i.._~ .J.... ~.. 1 t...i... ~:.... ; l i_ .. i. ?._l._..~_...i. i i .r.»~ _»..... _L 1 ~_.. i. ~ - i .. `_ _ _ _ ~ _ - i b..l._J_... ~.... j....L_:-.:. Pro)eu -- Locatian_ Deacripka~ :~ 1 ~ ~ y~~~ t V ~,- 1 . t. .A.Q 1. ~_ _.+ ., ~ i .. _ I .. . ~ .__ ..._...W_..._.__~._ _-__-- DeaiBrNd BY ? 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Explorer Drive, #200 Boise, ID 83704 Boise, Idaho 83713 Attn: Bob Woodward R Anderson __ Subject: Type of Change: Reason for Change: Digester #3 floor construction Request for Pricing Owner Requested 'oint seal Locations: Reference: Existing Digester No. 3 Description: Provide pricing to repair the groundwater leaks in existing Digester #3. Cohfractor shall promptly proceed with miter changes in the Work that will not involve a change in the Conhact Price or the Contract Tithes. ENGINEER Ryan M. Anderson CC: Clint Dolsby (City of Meridian) Gail Hammond (City of Meridian) Tracy Crane (City of Meridian) Dan Crawford (1'he Ewing Co.) Prj. File: 6586E.30 CclDOeumeub xnd 4eningsNel~Eyeltud SeainytTemponry Inbnet FleeWIJr95UtFP007 - Die 31tom.Am August 7, 2009 MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1,2009 APPLICANT ITEM NO. S'I REQUEST Liff Station Acquisition Agreement to take over ownership and maintenance of sanitary sewer lift station lot at Tremont Place Subdivision 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: Emailed: COMMENTS Soy altachrrd Date: Phone: _ Staff Initials: Malsrrfals pns~nhd of pubNe m~~flnps shah b~cam property of Mrs CHy of Moridlan. -, ADA COUNTY RECORDER J. DAVID NAUARRO AIAOUNT .00 ~ BOISE IDAHO O8H7/O9 03:6 PAl DEPUTY BonnieOberbilSp III'll'I'I~I"II~II'I'I'I'~'ll'II'II RECORDED-REQUEST OF 10909295 bieddi~ City REAL ESTATE PURCIiASE AND SALE AGREEMENT This Agreement is made effective as of the ~ day of Ud ~, 2009, between The City of Meridian ("Buyer"), and the Tremont Place Homeowners' As 'ation, Inc. ("Seller"). The parties agree as follows: 1. Purchase and Sale of Property. 1.1 Property. Subject to the terms and conditions of this Agreement, the Seller shall sell to the Buyer and the Buyer shall receive from the Seller the following real property and other assets (the "Property"): 1.1.1 Real Property. The real property described as Lot 03, Block 02 of the Tremont Place Subdivision, together with all buildings, fixtures (including but not limited to the sanitary sewer lift station and associated improvements) and other improvements located on such real Property (the "Real Property"). 1.1.2 Tangible Personal Property. All tangible personal property located on or used exclusively in connection with the operation or maintenance of the Real Property ("Tangible Personal Property"), including, without limitation, all trade fixtures, equipment, supplies and tools. 1.2 Purchase Consideration. Seller agrees to convey the Real Properly to Buyer without the exchange of monetary consideration. The consideration for this transaction consists of Buyer's agreement to assume responsibility for the operation and maintenance of the sanitary sewer lift station located on the Real Property in exchange for Seller's conveyance of title to the Real Property. 1.3 Conveyance of Title. Title to the Real Property shall be conveyed by a Warranty Deed. Title to the Real Property shall be marketable and insurable and shall be free and clear of all liens, encumbrances, and restrictions, exclusive of (i) real property taxes for the current year which are not due and payable on or before Closing, and (ii) liens, encumbrances, and conditions accepted in writing by the Buyer on or before Closing. PURCHASE AND SALE AGREEMENT -1 1.4 Title Insurance. 1.4.1 Commitment. Upon the acceptance of this Agreement by the Seller, the Buyer, at Buyer's own expense, may order a Commitment for Title Insurance ("Commitment") issued by Lawyers Title of Treasure Valley (`"Title Company"), covering the Reai Property. 1.4.2 Unapproved Exceptions. If any exceptions shown on the Commitment are not approved in writing by the Buyer prior to Closing and cannot be removed by the Seller by Closing, then the Buyer shall have the right to terminate this Agreement, in which event all earnest money deposited shall be refunded to the Buyer and each party shall be fully released and dischazged from any further obligations under this Agreement. 1.43 Policy. At Closing or soon thereafter, Buyer may purchase an ALTA Owner's Policy title insurance policy (current revision) ("Policy") satisfying the following specifications: The Policy shall insure the Buyer as the owner of the Real Property, subject only to the following special exceptions: (i) real property taxes for the current year which are not due and payable on or before Closing, and (ii) liens, encumbrances, and conditions accepted in writing by the Buyer on or before Closing. 2. Representations, Warranties, and Covenants of the Seller. The Seller represents and warrants to, and covenants with, the Buyer as follows: 2.1 Authority of the Seller. The execution, delivery, and consummation of this Agreement by the Seller has been duly approved in accordance with applicable law and any documents or instruments governing the Seller. Seller agrees to provide a Resolution of its Boazd of Directors authorizing the conveyance contemplated by this Agreement. 2.2 Property Ownership. The Seller owns and possesses all right, title, and interest in and to the Property free and clear of all covenants, conditions, easements, liens, and encumbrances. 2.3 Material Misstatement or Omissions. No representation or warranty made by the Seller in this Agreement or in any document or agreement furnished in connection with this Agreement contains or will contain any untrue statement of material fact, or omits or will omit to state a material fact necessary to make the statements not misleading. 2.4 No Default. The Seller is not in default under the terms of any contract, agreement, lease or license, and no condition or event has occurred which, after notice, the passage of time, or otherwise, would constitute a default under or breach of any such terms. The Seller is not aware of any condition that will result in a default under any such terms. 2.5 Compliance with Laws. The Seller has complied in all material respects with all laws, regulations, and orders affecting the Property and the operation of the sanitary sewer lift station and is not in default under or in violation of any provision of any federal, state, local or provincial order, rule, regulation or law. PURCHASE AND SALE AGREEMENT - 2 ry 2.6 No Litigation. There is no equitable, legal, or administrative suit, action, arbitration, or other proceedings pending or threatened against or affecting the Seller or the Property. 2.7 Broker Fees. Except as disclosed in writing to the Buyer prior to Closing, the Seller is not obligated to pay any fee or commission to any broker, finder, or intermediary for or on account of the transaction contemplated by this Agreement. 3. Hazardous Substances. 3.1 Definitions. The terms "hazardous substance," "release," and `Yemoval" shall have the definition and meaning as set forth in Title 42 U.S.C. 9601 (or the corresponding provision of any future law); provided, however that the term "hazardous substance" shall include "hazardous waste" as defined in Title 42 U.S.C. 6903 (or the corresponding provision of any future law) and "petroleum" as defined in Title 42 U.S.C. 6991 (or the corresponding provision of any future law). The term "superfund" shall mean the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. 9601, et seq. (or the corresponding provision of any future law) and any similar statute, ordinance, rule or regulation of any state or local legislature, agency or body. The term `underground storage tank" shall have the definition and meaning as set forth in Title 42 U.S.C. 6991 (or the corresponding provision of any future law). 3.2 Representations and Warranties. The Seller represents and warrants to, and covenants with, the Buyer that: 3.2.1 the Real Property is not contaminated with any hazardous substance, 3.2.2 the Seller has not caused and will not cause the release of any hazardous substances on the Real Property, 3Z.3 the Seller has conducted a diligent investigation and inquiry, and to the best of the Seller's knowledge, there has never occurred a release of hazardous substances on the Real Property, 3.2.4 the Real Property is not subject to any pending, threatened, or likely federal, state, or local "superfimd" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from the Real Property, 3.2.5 no other real property owned or controlled by the Seller or in which the Seller has any legal, equitable, or other interest is subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from such property, 3.2.6 there is no asbestos on the Real Property, PURCHASE AND SALE AGREEMENT - 3 3.2.7 there is no underground storage tank on the Real Property, 3.2.8 by acquiring the Real Property, the Buyer will not incur or be subject to any "superfund" liability for the cleanup, removal, or remediation of any hazardous substance from the Real Property, 3.2.9 by acquiring the Real Property, the Buyer will not incur or be subject to any liability, cost, or expense for the removal of any asbestos or underground storage tank from the Real Property, and 3.2.10 the Real Property and the uses conducted on the Real Property are in compliance with all applicable environmental laws, codes, and regulations, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. 4. Conditions Precedent to Closing. 4.1 Representations and Warranties True. The representations and warranties of the Seller are true, complete, and accurate as of the date of this Agreement and as of the date of Closing as if made as of such date. 4.2 Covenants Performed. The Seller has performed all obligations, covenants and agreements to be performed prior to Closing as set forth in this Agreement. 4.3 Title Policy. The Title Company is prepared to issue a policy in accordance with the provisions of Section 1.7. 5. General Provisions. 5.1 Indemnificatloas and Offsets. Seller agrees to defend, indemnify, and hold Buyer harmless from any and all damages, liabilities, or expense sustained directly of indirectly by Buyer (including, without limitation, attorney fees and costs) resulting from the breach of, or misstatement in, any representation, warranty, or covenant of the Seller, including without limitation, the representations, warranties and covenants set forth in Section 3 relating to hazardous substances. The Seller's obligation to indemnify, defend, and hold the Buyer harmless is not limited in any manner by the cash or other consideration received by the Seller under this Agreement. 5.2 Notices. All notices, claims, requests and other communications ("Notices") under this Agreement (i) shall be in writing, and (ii) shall be addressed or delivered to the relevant address set forth in Section 6 below or at such other address as shall be given in writing by a party to the other. Notices complying with the provisions of this Section shall be deemed to have been delivered (i) upon the date of delivery if delivered in person, or (ii) on the date of the postmark on the return receipt if deposited in the United States Mail, with postage prepaid for certified or registered mail, return receipt requested. PURCHASE AND SALE AGREEMENT - 4 5.3 Attorney Fees and Costs. The Parties agree that if a party is in default under this Agreement, then such party shall pay to the other party (a) reasonable attorney fees and other vests and expenses incurred by the other party after default and referral to an attorney, (b) reasonable attorney fees and other costs and expenses incurred by the other parry in any settlement negotiations, and (c) reasonable attorney fees and other costs and expenses incurred by the other party in preparing for and prosecuting any suit or action ("Collection Costs'. Collection Costs shall be immediately due and payable. 5.4 Governing Law, Jurisdiction, and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 5.5 Time of the Essence. Time is of the essence with respect to the obligations to be performed under this Agreement. 5.6 Rights Cumulative. Except as expressly provided in this Agreement, and to the extent permitted by law, any remedies described in this Agreement are cumulative and not alternative to any other remedies available at law or in equity. 5.7 Nonwaiver of Remedies. The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this Agreement shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 5.8 Successors and Assigns. Subject to any express provisions in this Agreement regarding restrictions on transfers or assignments, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, and personal representatives. 5.9 Entire Agreemenw All Schedules and Exhibits to this Agreement constitute a part of this Agreement. This Agreement, together with the accompanying Schedules and Exhibits, constitutes the entire agreement among the parties and supersedes all prior memoranda, wn•espondence, conversations and negotiations. 5.10 Severability. The invalidity of any portion of this Agreement, as determined by a court of competent jurisdiction, shall not affect the validity of any other portion of this Agreement. 5.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instruments. PURCHASE AND SALE AGREEMENT - 5 5.12 Survival of Representations, Warranties, and Covenants. All representations, warranties, and covenants of the Buyer and Seller set forth in this Agreement shall survive the Closing and shall survive the recording of the Warranty Deed. 6. Signatures. Dated: , 20~ BUYER, CITY OF MERIDL~N Mayor Tamrry~~6e Weerd 33 East Broddwav. Meridian ID 83642 ,, ATTEST: °````~~~ ~'''~~'- ~O BLAL ,p "_ Jaycee olman, City Clerk =~ y '~T s~ •,~~i` ~` O t ~. Dated: ~ '1~ , 20~~ SELLER, TREMONT PLACE HOMEOWNERS' ASSOCIATION, INC Diana Burton, President Address: 857 West Broadway Avenue Meridian, Idaho 83642 PURCHASE AND SALE AGREEMENT - 6 STATE OF IDAHO ) ss County of Ada ) 11,1.1, On this day of 2009, before me, a Notary Public, personally appeared Tammy de Weerd Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. • ~~~~, (~ (SEAL) ~ $ t ~f~tary Public for Idaho t ~ ~ Residing at: ~~(~~~Q ~ 117 s • Commission expires: 10-1 I - ll .q 7'E OF ~. •... ~.. STATE OF IDAHO ) County of Ada ss On this ~.1~ day of ~U~`1 2009, before me, a Notary Public, personally appeared Diana Burton, know or identified to me to be the President of the Tremont Place Homeowners' Association, Inc who executed the instrument of behalf of said Corporation, 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 in this certificate first above written. .~. ;.....:;x ~.,. '' oS A'9i :.~ . 'OUB~~~ ~t~ll ll ~1~1~ Notary Public for oho Residing at: N1ER1014~N, ~OANA Commission expires: 6-04r'a,01p PURCHASE AND SALE AGREEMENT - 7 August 7, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Resolution -Adopt PY2009 CDBG Action Plan AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CffY 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: Maf~rMb pns~nMd of pablie mNlkpt shah b~corm properly of 1h~ CHy o<M~ddlan. August 11,2009 ITEM NO. Jr-.I ~~ ~~ COMMENTS Sep alfachtd ~~ CITY OF MERIDIAN RESOLUTION NO. V-1 ' lX~ u BY THE CITY COUNCIL: BH2D, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING SUBMISSION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2009 ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that an annual action plan be submitted to the United States Department of Housing and Urban Development ("HUD") in order to receive Community Development Block Grant ("CDBG") funding for Program Year 2009; and WHEREAS, the City held a public heazing on the Program Year 2009 Action Plan on June 23, 2009, and held a public comment period on the draft application materials from June 23 to July 28, 2009; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Program Year 2009 Action Plan and its certification documents, copies of which are attached hereto as EXHIBIT A and incorporated herein by reference, be, and the same hereby aze, approved as to both form and content. Section 2. That the Mayor and the City Clerk be, and they hereby aze, authorized to respectively execute and attest the certifying documents for the Program Yeaz 2009 Action Plan for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. `~ - ADOPTED by the City Council of the City of Meridian, Idaho, this ~~ day of Aug., 2009. / ~ ~~ APPROVED by the Mayor of the City of Meridian, Idaho, this ~` d of Aug., 2009. ~~a"~~~~~~M~""~~~,, Mayor de Weerd ATTEST: ~.~`O.~y ~ ~/O~ ''%, 9,y ~~ rFo By: Jaycee Iman, City~ler gEAL o~ ,9 ~~''~~ ~UNTY . ~~~~.~~. RESOLUTION APPROVING CDBG DOC~~JMBAITS~++P~ge 1 of 2 Exhibit A: Community Development Block Grant Program Year 2009 Action Plan RESOLUTION APPROVING CDBG DOCUMENTS -Page 2 of 2 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009 ACTION PLAN CITY OF ERIDIAN ~~a~0 33 East Broadway Avenue Meridian, ID 83642 208/888-4433 Q 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 2009 Action Plan TABLE OF CONTENTS CITY OF MERIDIAN, IDAHO 2009 ACTION PLAN City of Meridian, Idaho 2009 Ac[ion Plan Q'PtMENiOpyO ~" `N 2009 Program Year Action Plan y a ~ * * ~ 'zo ~r G,Pe~ DEVE~~~ Introduction 1. Purpose of this Document The City of Meridian is a designated entitlement community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to receive funds from HUD's Community Development Block Grant (CBDG) Program. The 2009 program year will mark the City's third year as an entitlement community. Federal regulations (24 CFR § 91.200(a) and 91.220) require the City to submit an action plan each year that describes how CDBG funds will be invested in the community. The 2009 Action Plan was developed with a strong emphasis on community input, following the Citizen Participation Plan set forth in Meridian's 2007 - 2011Consolidated Plan. Through this planning effort, the City has prepared the following strategy, which will guide program expenditures over the next Program Yeaz (PY); October 1, 2009 through September 30, 2010. 2. City of Meridian CDBG Program Mission Statement In accordance with the overarching goals of the CDBG program, as set forth in 24 CFR § 91.1(a)('1), the City's mission is to utilize CDBG funding to develop viable urban communities by providing decent housing, providing a suitable living environment, and expanding economic opportunities principally for low/moderate income (LMI) persons. The City's primary means towazd this end shall be to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and non-profit organizations, in the production and operation of affordable housing. 3. Consolidated Plan A consolidated plan must be submitted every three to five years to receive federal CDBG funds. The Consolidated Plan typically results from a collaborative process where a community can scrutinize its current situation and establish a unified vision for community development actions. It provides local jurisdictions an approach to shape various housing and community development programs. The City of Meridian's Consolidated Plan spans program years 2007 through 2011 and addresses the community's most critical housing and community development needs. 4. Action Plan For every year identified in the Consolidated Plan, the City of Meridian is required to prepare a one-year Action Plan to notify citizens and HUD officials of the City's intended actions to occur during that specific year. The PY2009 Action Plan Identifies the objectives the City hopes to achieve from October 1, 2009 through September 30, 2010, and outlines the activities the City will undertake to achieve those objectives. Ciry of Mecidiaq Idaho 2009 tlcdo^ Plan 1 5. CAPER At the end of each program year, the City of Meridian prepazes a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year's accomplishments. This information allows HUD, city officials, and the general public to evaluate the City's performance and determine whether the activities undertaken during the year helped to (1) meet the City's five-year goals and (2) address priority needs identified in the Consolidated Plan and the Annual Action Plan. This annual performance report, prepazed with public review and comment, is submitted to HUD annually no later than December 31. 6. Submittal to HUD In compliance with 24 CFR § 91.15(a), and in order to maintain continuity in its program and provide accountability to citizens, the City shall submit this action plan no later than August 15, 2009. The City shall submit on an annual basis a summary of its citizen participation and consultation process, an annual action plan, and all required certifications. At least every five years, the City shall submit a housing and homeless needs assessment, mazket analysis and strategic plan. City of Meridian, Idaho 2009 Action Plan 2 Executive Summary As an Entitlement Community, the City of Meridian receives CDBG funds each year from the U.S. Department of Housing and Urban Development. Program Year 2009 (PY09) funding for the City of Meridian is anticipated in the amount of $249,962.00. Funds will be used to address priorities within the HUD performance measurement system to: (1) create a suitable living environment for Meridian residents, (2) provide decent housing for Meridian residents and (3) create economic opportunities for Meridian residents. Activities planned in PY09 focus primarily on LMI beneficiaries. Meridian will invest CDBG funds in public facility projects in LMI neighborhoodsl, homeownership assistance, and public services (assistance for general services at the Meridian Food Bank, and a new transportation service for kids at targeted schools to the Boys & Girls Club), all of which aze LMI expenditures. The two public facility projects planned in LMI neighborhoods aze (1) a multi-use pathway along Five Mile Creek from Fairview Avenue to Pine Avenue (within Census Tract 010321, Block Group 1), and (2) equipment installation in Centennial Park (located just south of Census Tract 010321, Block Group 1). The City will also support facade improvements in the urban renewal area (URA), and devote the remaining PY2009 funds to CDBG program administration. Table 1 provides a general summary of activities planned in PY09. Table 1: Summary of Activity and Categorical Expenditures ' ~? Tg11! ~. . ~ 'lfftal Administration i Plandn8 - 20% $49,467.70 TOTAL 549,%7.70 20% Public Services - 15% Boys & Girls Club $17,000.00 Meridian Food Bank $20,494.30 TOTAL 537,494.30 15% Pubic PacHitks Five Mile Creek Pathway Envt & CN $33,000.00 Centennial Park Improvements $55,000.00 TOTAL .. 588,000.00 35% Affordable Housir~ Homebuyer Assistance $35,000.00 TOTAL $35,000.00 14% Slum i BNBht .......... FaSade Improvements $40,000.00 TOTAL $40,000.00 16% 3t~/F1'F'M: x Y '~ lJi t Y, ~ Under the exceptional criteria, Meridian has three census blocks that quality as LMA (low/madem[e income areaz). They are Census Tract 10322, Block Group 1 (45%LMI), Census Tract 10322, Block Group 2 (72.0596IMq, and Census Tract 10321, Block Group 2 (46.1 LMO. City of Meridian, Idaho 2009 Action Plan 1. Summary of PY 2009 Objectives and Outcomes In Program Yeaz 2009, the City will invest CDBG funds according to the following priorities. Priority explanations, with rationale for their selection and relative order, follow each: • PY09 Priority #1: Community Improvement (Suitable Living Environment) Public facility projects that aze available to the broader general public (i.e. not intended for a specific group like seniors, or children) have been somewhat lacking in past years. This yeaz, the City will place a greater emphasis on this sort of public facility project to ensure a more balanced distribution of available resources over time. Public service activities are essential in the current economic climate. The Food Bank has experienced a considerable increase in demand in recent months, and CDBG assistance will be a tremendous help in allowing them to continue providing food to azea residents in need. The Boys and Girls Club provides food and countless other activities and educational/recreational opportunities to children at the Club that may not be available otherwise. Providing low-income children with a means to access these services is a top priority. • PY09 Priority #2: Economic Development (URA Revitalization) Economic Development through revitalization of the URA is a top priority in order to entice additional investment where it is needed most. The City feels that it is important to continue implementing the URA revitalization strategy, and addressing blight is a key component of that strategy. • PY09 Priority #3: Affordable Housing (Homeownership) The partnership with BCACHA in PY2008 was a huge success. Providing decent housing is a primary component of the CDBG program, and housing costs are lower than they have been in recent yeazs. Continuing this partnership is the City's third highest priority for the upcoming program year. Table 2: Summary of 8xpenditures by Priority -_~ . Atnotrtljoil?Yg>~' ~~ F6tfF~IfE~QI"RYt~ PYO& Iklotikyr GDL Eernds ~ CCi~~~Fpn¢s Ailoe~ted Allgoatdet . Community Improvement/Suitable Living $125,494.30 50% Environment Total Public Facilities $88,000.00 35% Public Services $37,494.30 15% Economic Development $40,000.00 16% Affordable Housing $35,000.00 14°k Adminislration $49,467.70 20°k F4?'fl0.b ~~'~~~ `~~1Gf>i9dc (qty of Mexidiao, Idaho 2009 fiction Plan 4 A summazy of anticipated outcomes within these priorities is as follows: PY09 Priority #1• Community Improvement $125.494.30 OBJECTNE: Provide a suitable living environment and support neighborhood revitalization activities in Meridian's LMI Areas that promote public health, safety and welfaze. ANTICIPATED OUTCOMES: 2. 3. Centennial Park: Install playground equipment and other amenities in Centennial Park; Five Mile Creek Pathway, Segment H.l: Begin construction of a multi-use pathway along Five Mile Creek; Public Services: Engage in public service activities with non-profit service providers to promote health, safety, and welfare for LMI residents: a. Boys & Girls Club: Initiate a bussing program to transport students from Peregrine Elementary, Meridian Middle, and Meridian High to the Boys & Girls Club after school; b. Meridian Food Bank: Provide general service assistance. PY09 Priority #2 Economic Development $40.000.00 OBJECTNE: Improve economic conditions in the Urban Renewal Area by addressing slum and blight. ANTICIPATED OUTCOMES: 1. Facade Improvements: Partner with Meridian Development Corporation to complete one facade improvement project to address slum and blight in the URA; 2. Other: Support the efforts of Meridian Development Corporation to target businesses that will fit well with Meridian's downtown revitalization vision. PY09 Priority #3 Affordable Housine $35.000.00 OBJECTNE: Improve affordable homeownership opportunities for low income families. ANTICIPATED OUTCOMES: 1. Homebuyer Assistance: Partner with Boise City/Ada County Housing Authority to provide affordable housing opportunities; 2. Other: One Fair Housing awazeness activity; 3. Other: Increase awareness of affordable homeownership opportunities and programs. Cip~ of Meridian, Idaho 2009 :~crion flan 2. Evaluation of the City's Past Performance 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 Infrastmcture Closed Out 199] $400,000 Downtown Revitalization Closed Out 1995 $52,000 Renovate Senior Center Closed Out 2004 $100,000 Renovate Senior Center Closed Out 2006 $52,900 Renovate Senior Center Closed Out 2006 $250,000 Job Creation Closed Out 2007 $230,544 CDBG Entitlement Processing 2008 $237,775 CDBG Entitlement Processing 3. Summary of the Citizen Participation Process The City of Meridian employs a comprehensive citizen participation process for all CDBG projects and activities. The City solicits input from Meridian residents in all phases of its Community Development efforts, from the initial planning and project/program implementation to reporting and assessing accomplishments/outcomes. This process fosters the open and inclusive identification of needs and delivery of services to City residents. It also helps to ensure that the overall direction of the CDBG program is (1) consistent with residents' expectations and (2) responsive to neighborhood concerns. A summary of this process is presented below as identified in 24 CFR § 91.220(6). A complete copy of the Citizen Participation Plan can be found in the Appendix of the 2007 - 2011 Consolidated Plan. A. Participation The City encourages citizen participation in all stages of the planning process. From the drafting of the Consolidated Plan to the submittal of the annual Performance Evaluation Report, the City hosts Public Meetings, provides draft copies of the Plan, encourages, accepts and incorporates citizen input and feedback, and holds special public heazings whenever any substantial amendments are proposed. The City works with non-profit organizations to encourage the participation of program beneficiaries, including low- and moderate-income residents. Bi-lingual services and additional assistance for persons with disabilities are available upon request. City of Mccidiaq Idaho 2009 Action Plan 6 B. Public Meetings The bulk of Meridian's Citizen Participation process occurs through 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-Yeaz Action Plan, one in conjunction with obtaining approval of the draft plans and the third with the City's Consolidated Annual Performance Evaluation Report process. These meetings give residents an opportunity to comment on all aspects of CDBG program administration, as well as all activities undertaken by the City. A similar public process ensues when substantial amendments aze proposed to the Consolidated or Annual Action Plans. To solicit input on CDBG activities, the City publishes notices in the local newspaper, the Valley Times, as well as the regional newspaper, the /daho Statesman, two weeks prior to each meeting. The notices include information about the availability of draft and final plans, which are typically available for public review at City Hall, the Public Librazy, and the Meridian Senior Center. City staff also approaches City Council periodically at their weekly public meetings to obtain feedback and direction on CDBG priorities, use of leftover funds, etc. This gives interested citizens an additional way to stay informed on how the program evolves over the yeaz. C. Access to Information The City posts all CDBG-related plans (including the Consolidated Plan, annual action plans, and CAPERS) on its website for public review and scrutiny. The CDBG portion of the City's website is located at http~//www meridiancity org/planning aspx~id=244. Draft versions of all plans are available for review and comment by citizens, public agencies, and other interested parties before they aze considered and acted upon by City Council, and submitted to HUD. Copies of draft and final reports aze available free of chazge at Meridian City Hall. Requests for access to specific information can be made in advance and coordinated with City personnel. City staff is also available to persons or interested parties who require technical assistance in understanding the Plan, the preparation of comments, the preparation of requests for funding, or the process in general. Staff is readily available to receive and respond to any and all questions, comments, or concerns that arise about the CDBG program throughout the yeaz. D. PY2009 Process Several brainstorming meetings were held among City staff to identify potential projects that meet the goals identified in the City's five year strategic plan. The City began developing its PY09 Action Plan in February with informal meetings, project eligibility research, etc. The City published notices in both the Idaho Statesman and Valley Times to announce apre- draft public meeting that was held on June 15, 2009 at Meridian City Hall. No members of the public attended the meeting. Cicv of Meridiaq [daho 2009 Action Plan The following chronology summazizes the City's formal Public Participation efforts: • June I: Published notice of plan development and pre-draft public meeting in Valley Times and Idaho Statesman. • June 8, 2009: Published notice of public heazing/comment period initiation in Valley Times. • June 10, 2009: Published notice of public hearing/comment period initiation in Idaho Statesman. • June I5, 2009: Pre-draft public meeting held at City Hall. • June 16, 2009: Proposed project prioritization by City Council (public meeting). • June 19, 2009: Draft Plan released for public review. Copies available at City Hall, Meridian Public Library, Meridian Senior Center, and online. • June 23, 2009: Opened public hearing and comment period. • June 28, 2009: Closed public heazing and comment period. Council finalized plan and directed staff to prepare adopting resolution. • August 11, 2009: Council passed adopting resolution (formally adopted PY2009 Action Plan). • August 12, 2009: City sent adopted plan to HUD for review and consideration. E. Efforts to Broaden Public Participation In addition to the steps outlined in the City's Citizen Participation Plan, staff also met with several non-profit entities to discuss possible projects and activities. On February 12, 2009, and again on April 16, 2009, staff met with the Meridian Faith Ambassadors, which is a conglomerate of faith-based organizations interested in providing assistance to populations in need, to discuss the CDBG program and process. Staff attended Meridian Development Corporation Board meetings on March 11, 2009 to discuss facade improvements, and also on May 13, 2009, for a more general presentation on use of CDBG funds. On May 20, 2009 staff gave a presentation to the Meridian Kiwanis Club on the intent of the CDBG program, and possible projects and activities to pursue. Throughout this outreach effort, staff received input that helped guide the formation of the PY09 Plan. 4. Summary of Public Comments The City received a letter from BoiseCity/Aria County Housing Authority (BCACHA) dated July 16, 2009. The letter requested an increase in the amount of funding proposed for homeownership assistance in the draft Action Plan. The draft Action Plan proposed $25,000.00 for this activity, and BCACHA requested $50,000.00. BCACHA reiterated this request with in- person testimony at the July 21 public hearing. The City decreased funding to a public facilities project in order to increase funding available for homeownership assistance. An amount sufficient to increase funding to the extent requested was not available in light of other priority activities, however, and BCACHA's subrecipient funding was only increased to $35,000.00. 5. Summary of Comments not Accepted: N/A Cih uE Meridian, Idaho 2009 Aceun Plan R Resources 1. Federal, State and Local Resources CDBG and City general funds aze available to support program activities. The City may consider additional partnerships with Meridian Development Corporation (MDC) and Boise City/Ada County Housing Authority (BCACHA) to leverage available resources and achieve maximum results. The following funding sources have been identified to help address the needs of low/moderate income (LMI) individuals and families. Some resources may be directly leveraged to help fund CDBG eligible activities, in which case all HUD regulations and requirements regarding matching will be satisfied, pursuant to 24 CFR § 91.220(c)(2). While other resources may not be able to contribute directly towazd CDBG-eligible activities, they may be able to provide assistance to related support programs. These leveraged funds will be tracked and documented as part of the compliance monitoring process. Federal resources that may be made available • U.S. Department of Housing and Urban Development: - Section 8 Housing Choice Voucher Program - HOME Investment Partnership Program - Emergency Shelter Grant - Housing Opportunities for Persons with AIDS • U.S. Department of Health and Human Services • U.S. Department of Education • Federal Housing Administration Homeownership Program • Fannie Mae • Federal Emergency Management Administration • U.S. Veterans Administration State resources that may be made available • Idaho Community Foundation • Idaho Housing and Finance Association • Idaho Department of Education • Idaho Department of Environmental Quality Idaho Association of Mortgage Brokers • Idaho Department of Agriculture • State Tax Credits • Idaho Department of Health and Welfaze: - Community Services Grant - Family and Child Services - Public Health Services - Domestic Violence Grant - Idaho Children's Trust Fund • Idaho Office on Aging • Idaho Department of Justice Cin~ of \tendian, Idaho 2009 Action Plan Local resources that may be made available • Meridian General Funds • Meridian Development Corporation • Ada County Association of Realtors • Boise City/Ada County Housing Authority • Neighborhood Housing Services • Boise Valley Habitat for Humanity • Supportive Housing and Innovative Partnerships • EI-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 2(HN) Action Plan Ob'ectives Activities & Measures In PY09, the City of Meridian expects to spend the majority of CDBG funds to benefit low- and moderate-income persons or households, specifically addressing the LMI National Objective. The City's PY09 entitlement is anticipated at $249,962.00. Objectives, Activities, and Measures for each projecUactivity aze outlined below. 1. Community ImprovemendSuitable Living Environment: $125,494.30 OBJECTNE: Provide a suitable living environment and support neighborhood revitalization activities in Meridian's LM/Areas that promote public health, safety, and welfare. To achieve this objective, the City will focus primarily on improving public facilities that serve LMI residents. Additional assistance will be provided to public service subrecipients to engage in activities that benefit LMI residents throughout the community. ACTIVITIES: Install playground equipment and other amenities in Centennial Park, located at 223 E. Idaho Avenue. ^ Begin construction of a multi-use pathway along Five Mile Creek through Census Track 010321, Block Group 1. Engage in public service activities with non-profit service providers to promote health, safety, and welfaze for LMI residents. MEASURES: Centennial Pazk: One set of playground equipment and up to four (4) game tables installed for use by nearby residents. ^ Five Mile Creek Pathway: Begin construction of one multi-use pathway along Five Mile Creek through Census Track 010321, Block Group 1. Completion of the pathway is tentatively planned for PY2010. ^ Public Service: Assist up to two public service subrecipients in delivering services that promote health, safety, and welfare for LMI residents. Public Service subrecipients will include: o Boys & Girls Club: Initiate a bussing program to transport students from Peregrine Elementary, Meridian Middle, and Meridian High to the Boys & Girls Club after school; o Meridian Food Bank: Provide assistance to continue general services - to purchase food for area residents in need. ~ ~ E t1 PWJeCt' EYtlJaOtitte"' -CNatlOtk , ' . y yj~~,i ~~IywaFCll..% Centennial Park LMA §570.201(c) $55,000.00 Five Mile Creek Pathway LMA §570.201(c) $33,000.00 Public Services LMA §570.201(e) $37,494.30 Boys & Girls Club $17,000.00 Meridian Food Bank 494. 3 0 $20 , .~lj~'~fi'~ y~/ ~~ ~ '' ` City of Meridian, Idaho 11 2009 Action Plan 2. Economic Opportunity: $ 40,000.00 OBJECTNE: Improve economic conditions in the Urban Renewal Area (URA) by addressing slum and blight, The City will partner with Meridian Development Corporation to spark redevelopment and create economic opportunity by addressing blighted conditions in the URA. ACTIVITIES: The City will provide funding to the Meridian Development Corporation for its facade improvement program. MEASURES: One facade improvement project will be completed within the Urban Renewal Area. Prarect 4bJaottve Cliation: Sunda Allocated Farade Improvements SBA §570.202(a)(3) $40,000.00 TOTAL $40sOGR.GQ 3. Affordable Homeownership Opportunity: $35,000.00 OBJECTNE: Improve affordable homeownership opportunities for eLigib[e homebuyers. The City will continue its partnership with BCACHA to expand homeownership opportunities for LMI individuals and families. ACTNITIES: The City will provide funding to the Housing Authority to grant down payment, closing cost, and principle buy down assistance to LMI homebuyers identified through the Section S Program. MEASURES: Up to four (4) LMI homebuyers will be identified and assisted in the purchase of an affordable home. Protect;` ObJpctlve CPtation Funds Allocated° HomeownershipASSistance LMC §570.201(n) $35,000.00 TOTAL ;36,OW.00>J City of Meridian, Idaho 12 2009 Ac[ion Plan 4. Administration: $49,476.70 OBJECTIVE: The City will administer the CDBG Program in accordance with all applicable federal laws and regulations and in a manner consistent with the 2007 - 2011 Consolidated Plan. ACTNITIES: ^ Oversee and coordinate inter jurisdictional and inter-agency rules. Assist Mayor in the development and implementation of the Affordable Housing Task Force. • Ensure compliance with the Citizen Participation Plan. Attend regional fair housing and other events. Prepare program budgets, schedules, and any amendments. • Monitor, evaluate, and document audit results regarding the program, subrecipients, activities, etc. • Prepare reports and documents for submission to HUD. Develop agreements to carry out program activities. • Complete training and other educational activities to enhance the CDBG administration process. Assist in regional and community activities that promote awazeness of fair housing and other CDBG-related issues. Project Program Administration TOTAL` 5. Allocations Summary: $249,962.00 Table 3: PY09 Allocafion Smmnarv by Priority Ob~ctlve Cltetlgrt Futtds Algcated i N/A §570.206 $49,467.70 #481407:70 PYO&PrlpMty . = A1MSgLrnil of PYQ9 t,!l~Fc!nds ~=Cf PY09. ~ li~i.. Community Improvement/Suitable Living Environment Total $125,494.30 50% Public Facilities $85,000.00 35% Public Services $37,494.30 15% Affordable Homeownership $35,000.00 14°~ Economic Opportunity $40,000.00 16°~ Administration $49,467.70 20% TtYBA4 ~741~Q~ i~,s Cin- of Meridian, Idaho 2009 Ac[ion Plan 13 Meridian's low-moderate income area is depicted in Appendix A.1. The azea is bisected by Meridian Road and Main Street, which, between the railroad and Cherry/Fairview, is the City's historic downtown core. East and west of Meridian/Main, the area is primarily residential in chazacter with the exception of some light industrial uses adjacent to the rail line. Much of the single family/detached housing stock in the area was constructed in the early to mid 1900's. There are also several multi-family complexes and mobile home parks in the LMI area and immediate surrounding vicinity. The LMI Area is the focus of location-specific activities for the upcoming program year. The City will spend 63.8% ($128,000) of available PY09 funds on location-specific activities in this azea (after removing the Administration and Planning allocation of 20% from the total entitlement). The following projects will occur in specific locations or pre-identified geographic area: 1. Centennial Park: The Park is located at 223 E. Idaho Avenue, just south of Census Tract 010321, Block Group 1. The area surrounding the park consists primarily of single family, detached residential units, with a limited amount of multi-family residential housing. A map of Centennial Park and the surrounding area is included in Appendix A.3. This project was selected because this residential azea is underserved with parks and related recreational amenities. This project will address that need and increase the level of service for residents in the area. 2. Five Mile Creek Pathway: This pathway segment will traverse along the east side of Five Mile Creek from Fairview Avenue to Pine Avenue. The project is located in apre-designated LMI area as identified by HUD (Census Tract 010321, Block Group 1). A map of the pathway alignment and surrounding area is included in Appendix A.4. 3. Facade Improvements: The specific location of the facade improvement project will be determined by the Meridian Development Corporation Board. MDC's jurisdiction is the City's Urban Renewal Area as established by City Council on August 27, 2002 and recognized by HUD on Mazch 6, 2009. A map of the Urban Renewal Area is included in Appendix A.2. The remaining projects/activities for PY2009 are not tied to any specific geographic area Ciro of Meridian, Idaho 14 2009 Action Plan Additional Requirements 1. Affordable Housing The City will partner with Boise City/Ada County Housing Authority (BCACHA) to expand affordable housing opportunity in PY2009. The City will continue funding to BCACHA for homeownership assistance to eligible prospective buyers identified through the Section 8 program. The homeownership assistance activity, which was a great success in PY2008, will receive $35,000.00 for continuation in PY2009. This will allow BCACHA to assist up to four eligible homebuyers in the upcoming program year. The City does not plan to provide monetary assistance for rental purposes in the upcoming program year, but will continue to facilitate discussions with azea residents and service providers. 2. Public Housing The City does not plan to contribute monetarily to expanding public housing in PY2009, but will continue to encourage homeownership for eligible buyers as described above, and participate in the regional dialogue with neighboring communities and service providers to (1) define goals and formulate a public housing strategy, (2) identify potential funding sources to implement that strategy, and (3) involve new broader segments of the community that have not been involved in such discussions in the past. 3. Homeless and Other Special Needs The City will invest PY09 funds to assist children from LMI families. The Boys & Girls Club will receive public service assistance to implement an after school busing program to transport students from Peregrine Elementary, Meridian Middle, and Meridian High to the Club every day after school. The Club provides a wide variety of programs that will help to educate these children about social interaction, health, academics, and general life skills. The Club provides meals, tutoring, recreational programs, health education, and other activities. Lack of transportation is a primary reason for sporadic or non-attendance at the Club, and many children who are unable to participate in the Club's many activities are from working families with limited resources. These children often return home after school to empty households with no supervision and at times no dinner because parents are at work. The CDBG assisted after school transportation program will allow these at risk children to access the many programs and activities the Club already provides. In PY09, the City's efforts to address emergency shelter and transitional housing needs of homeless individuals and families, to prevent low-income individuals and families with children from becoming homeless, to help homeless persons make the transition to permanent housing and independent living, to address chronic homelessness, and to address the special needs of non-homeless persons will occur primarily through an ongoing partnership with the Boise City/Ada County Continuum of Care (CoC). PY09 CDBG funds will not be invested in activities specifically targeted to these objectives. The City will participate in the CoC to identify ways of supporting area housing providers' efforts to increase affordable transitional and permanent housing facilities. As additional information is obtained regarding homelessness within Meridian, the City will determine whether other federal, state or local/private funds can be leveraged with CDBG funding to effectively address these needs within the community in future program yeazs. City of Meridian, Idaho 15 21109 Action Plan 4. Barriers to Affordable Housing While no CDBG funds will go to identifying or eliminating barriers to affordable housing, the City plans to overhaul its Comprehensive Plan in the upcoming program yeaz. Part of the effort will include a reexamination of existing Comprehensive Plan goals, policies, and objectives pertaining to affordable housing. The housing component of the Plan rewrite will be guided by a housing sub-committee, which will be the first active step towazd establishing an affordable housing task force. The task force, after assisting the City in retooling affordable housing policy, will continue working with the City to see that the policies formulated in the upcoming program year are carried forward to implementation. 5. Other Actions Over the course of the upcoming program year, the City will compile and disburse information on lead- based paint hazards in order to (l) educate the public, (2) gauge the prevalence of lead paint contamination, and (3) start to address the issue within the City. There is a wealth of information already available from HUD, the State, neighboring communities, and various organizations that staff will gather and make available at City Hall, on the City's website, and at other appropriate locations throughout the community. The City wi-t continue to engage in the regional dialogue with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing, and reduce the number of families living in poverty. Through the Comprehensive Plan rewrite, the City will examine its own institutional structure and look for ways to enhance coordination between public and private housing and social service agencies. Cin- of Meridian, Idaho 16 2009 Action Plan Program-Specific Requirements 1. PY2009 CDBG Activities to Benefit LMI persons The majority of PY09 expenditures will benefit LMI persons. Centennial Pazk improvements and the Five Mile Creek Pathway will benefit LMI residents on an area basis, and homeownership assistance and public services will do so on a clientele basis. The locations of the affordable housing activities have yet to be determined. However, all housing activities will benefit LMI clientele. Similarly, the Public Service activities are not restricted to residents within any particular area. However, due either to documented recipient income (Boys & Girls Club) or the nature and location of the service (Meridian Food Bank), all Public Service activities will also benefit LMI clientele. Both Public Facility projects -Centennial Park and Five Mile Creek Pathway -are intended to serve LMI Areas. Although it is located just outside of the designated LMI Census Tracts, the City is conducting an income survey that will determine Centennial Park's eligibility. Five Mile Creek Pathway is within an eligible Census Tract and Block Group (Census Track 010321, Block Group 1). Maps of Meridian's LMI Census Tracts aze found in Appendix A. Maps of the two Public Facility projects are also included in Appendix A. The City will spend a total of $160,494.30 on activities that benefit low-moderate income areas and individuals in the upcoming program year. Cumulatively, that constitutes 80% of the City's PY09 entitlement (after removing the Administration and Planning allocation). Cin~ of Meridian, Idaho 17 2009 Action Plan APPENDIX A: MAPS 1. LMI Census Block Groups 2. Urban Renewal Area 3. Centennial Park Vicinity 4. Five Mile Creek Pathway, Segment H.1 City' of Meridian, Idaho 18 2009 Action Plan Appendix A.1: LMI Census Block Groups Census Tract 10321, Block Group 2 (46.06% LMI) Census Tract 10322, Block Group 1 (45.01% LMI) Census Tract 10322, Block Group 2 (72.04% LMI) ~... ~o..W 0 BRS 1 RYA ;SD]'.. 3 ]50 SFCO rea - r ~ I a CHENRV FAIRVIEW S ` HNE w O - _ ~ Z W __.__ ? O L__-___.._ ~- Q ', ~ FRANIQIN $ J ~ '. Legend Low-Moderate Income Area O LMI Census BIaG Groups Census Block Groups City of Meridian, Idaho 19 2009 Action Plan Appendix A.2: Urban Renewal Area IAWNOALE LYNN ~ CHERRY FAIRVIEW ~ M ___ w :W NORTH GAZE (~ ro ~ ~ £ y GflUBEq ~ ro ELM ," f GROSSBILI. ELM + C ,. OI MAPLf µ ~ S N BpDLEY ~ ~ MA=LE I UMELLIp . < CRUCKER VY' i GMELLIA = n __..-. GIENNV ~ CHERRY L `Q < Y,YA y v M WpBHINGTOH i m p$HINGTO ~' aO ~ ~ ~ N WW URLTON W N ^ W i ~, . Y I ~ ~ 9iRLBROOK S ~- W ____ ; a . 3 ~' CARI.TON ~ ASHFORD SIRE y ~ f ~ APPLEGAiE SfH ~ ~ i ~ 5 n ~ m x ,p F ^ n i CRRERION - : STATE ~ Q ~ y .. --- -- INE ~ i ~ i ropgo ~ IDANO % ^ ~ ~ "' EROA Av ~ ' ~ ~ ~ ~ COMMERCML PAILROgD BOWE TAYLOR q i TAYLOR KING VINO ~ 9 N 6 W ~ FRANKLI ~ GtEST W000 m i i ~- 11 F r PIPER ~ ~ O (4 ~= j KIM HARRETT W Y 4 O RILMER SL KPMBPELL Z HWOVER OEM ~ O . ~ F ~ f"mo r r FENNWOO ` ~ ~ b RD" ~ _ +~ TE ' RPORA Legend ET ~ ~ t W t terry kr"R" Wkr ~ ,~ ~ Urban Renewal Area 'Mn A WALiMpH 4 _ ~ = FOER O ~ _ Parks W Q V ¢ y HONKEN ~ Q ( {~ ~ SC OOIS ' II L • b£RBENA q ...._.. .IABKSNIPE W ~ 0 355710 1,420 2,130 2,840 Feet Cite of Meridian, Idaho 20 2009 Action Plan Appendix A.3: Centennial Park Vicinity aA--.-: o seo Fe~ _ ~ ~~- ~ I --, ~ i ~ ~'~. z FlNE y-~ llll _- ~ _J ;~- ~ ~ _ __l ~ - ~ ~_ Centennial Park _-~ IoAHO ~ __-._..-. _. ~ a - -- - 1-. I I ~ ~ 1 I~ l F ( -1_ -L_. J rv ~ p g I ~ - -~`. ~ ._:. ~ _ _ Ir 1 ~~ . ~ 1 ~ ~~ ~ _I 1 i ... f T yn ' 1 ~l ~ ~_ ~ ~ _.. _ -..~ I T' I I 1 I ~~~1 . _ __ _e ._._ I '.. L BROADWAY ._'~~~' Parks proposed Park Improvements Centennial Park, March 30, 2009 City of Meridian, Idaho 21 2009 Action Plan Appendix A.4: Ptive Mile Creek Pathway, Segment H.1 raa zy poy 0 5 0 0 ~I ~ ORI~EK ~ g. L T K ~BAOLEY ~ ~ Y tl N R V(0. g 8 I OIRE.B' SINE Y fit(-~~'-T~~~=a 8-11E LB HWOT #. } L 9-0k...~ GRLTON ~ P Illl 1111 ~~// Q ~T~ ~~~( ~ rF ® NNF Legend ~Propo~tl PaMV2y Five Mile Creek P Segment H.1, Proposed Ciro of Meridian, Idaho 22 2009 Action Plan APPENDIX B: TABLES 1. Table 3A -Summary of Specific Annual Objectives 2. Table 3B -Annual Affordable Housing Completion Goals 3. Table 3C -Consolidated Plan Listing of Projects (1) Program Administration (2) Affordable Housing (3) Centennial Park (4) Five Mile Creek Pathway, Segment H.1 (5) Public Services a. Boys & Girls Club b. Meridian Food Bank (6) Facade Improvements Ciry of Meridian, Idaho 23 2009 Action Plan Appendix B.1 Table 3A: Summary of Specific Annual Objectives Grantee Name: CITY OF MERIDIAN Availabili /Accessibilit of Decent Housin DH-1 Specific Annual Objective .Source of Year Performance Expected Actual Percent Funds Indicators Number Number Com leted DH Objective 2-6: The City CDBG/ 2007 0 0 0 % 1.1 will help non-profit and Other 2008 0 0 0 % for-profit developers and 2009 0 0 % builders construct one (I) 2010 0 0 % new housing facility 2011 1 unit/facility l % MULTI-YEAR GOAL: One % (1) new housing or facilities for homeless, special needs, or elder) o ulations DH Objective 2-3: As deemed CDBG/ 2007 1 0 0 % 1.2 feasible the City will Other 2008 0 1 0 % acquire and demolish, 2009 0 0 % clear and/or dispose of 2010 0 0 % property to make way for 201 l 0 0 % new affordable housing units MULTI-YEAR GOAL: One % (1) structure or lot acquired, removed, and/or disposed of DH Objective 2-8: Based upon CDBG/ 2007 0 0 0 % 1.3 availability, the City will Other 2008 0 0 0 % purchase a Dollar HUD 2009 0 0 % Home and sell as 2010 0 0 % affordable housing 2011 I 1 % 0 % MULTI-YEAR GOAL: One (1) HUD Dollar Home purchased, mazketed A1Tordabt7i of Dece nt Housin DH•2 DH Objective 2-1: The City CDBG/ 2007 1 AHTF Estab. 1 1 100% 2.1 will create an Affordable Other 2008 0 0 % Housing Task Force to 2009 0 0 % make recommendations to 2010 0 0 % the Mayor and City 2011 0 0 % Council to facilitate the creation of, preservation MULTI-YEAR GOAL: 1 1 100 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 0 0% 2.2 will invest CDBG funds in Other 2008 1 5 2 40 % funding and filling 2009 1 1 % affordable housing units 2010 1 1 % 2011 2 2 % City of Meridian, Idaho 24 2009 Action Plan MULTI-YEAR GOAL: Five 9 22% (5) affordable housing units available to LMI residents DH Objective 2-7: The City CDBG/ 2007 150 150 %a 2.3 will provide information, Other 2008 0 0 %o 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 Sustainab ili of Decent Housin (DH-3) DH Objective 2-4:The City CDBG/ 2007 1 Activity 1 I 100% 3.1 will participate on boards Other 2008 1 Activity 1 I 100% and committees of local 2009 1 Activity organisations and 2010 1 Activity cooperate with other local 2011 1 Activit governments to promote MULTI-YEAR GOAL: Five 5 2 40% affordable rental housing (5) fair housing activities opportunities DH Objective 2-5: CDBG/ 2007 20 persons 20 0 0% 3.2 planningBuilding Other 2008 20 persons 20 0 0% Department will continue 2009 20 persons 20 to inform and educate the 2010 20 persons 20 public, non profit agencies, 201 l 20 rsons 20 and the private sector MULTI-YEAR GOAL: One 100 0 0% housing industry about [he hundred (100) persons dangers of lead-based paint educated on lead based paint DH Objective 2-9: The City CDBG/ 2007 2 families 2 % 3.3 will support activities that Other 2008 2 families 2 % increase the awareness of 2009 2 families 2 % available affordable 2010 2 families 2 % homeownership 2011 2 families 2 % opportunities and programs 10 % MULTI-YEAR GOAL: Ten (10) families with increased awazeness Availabiii /Accessibi li of Suita ble Livi Environment SL-1 SL N/A 2007 % 1.1 2008 % 2009 % 2010 % 2011 % MULTI-YEAR GOAL City of Meridian, Idaho 25 2009 Action Plan Aff ordabilit of Suitable Livin Environment (SL-2) 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 % with residents to enforce 2011 2 CE Cases 2 % property maintenance MULT-YEAR GOAL: Ten 10 codes (10) CE Cases opened and resolved in LMI Census Tracts SL Objective 3-2: The City CDBG/ 2007 1 Activity 1 0 0 % 3.2 will organize Other 2008 1 Activity 1 1 100 % neighborhood clean-up 2009 1 Activity 1 % and/or improvement 2010 1 Activity 1 % activities 2011 1 Activit 1 °lo MULTI-YEAR GOAL: Five 5 1 20% (5) clean-up/and or im rovemen[ activities SL Objective 3-3: The City CDBG/ 2007 5 residents 5 % 3.3 will help address key Other 2008 5 residents 5 % social and human service 2009 5 residents 5 % needs, especially those 2010 5 residents 5 % related to family suppon, 2011 5 residents 5 % youth development, child 25 % care, senior services, MULTI-YEAR GOAL: substance abuse, Twenty-five (25) LMI homelessness support services, financial residents will show counseling, victims of increased awazeness of domestic violence, available social and human veteran's affairs, services programs transportation, educational, and em to ment trainin City of Meridian, Idaho 26 2009 Action Plan Grantee Name: CITY OF MERIDIAN Availabilit /Access ibitit of E conomic O rtunit (EO-1 Specific Annual Objective Source of Year Performance Expected Actual Percent Funds Indicators Ntmtber Number Com leted EO N/A 2007 1.1 2008 % 2009 %a 2010 %a 2011 % MULTI-YEAR GOAL Affordabilit of Economic O rtanit (EO-2) F.O N/A 2007 % 2.1 2008 % 2009 % 2010 % 2011 % MULTI-YEAR GOAL Sustainabilit of Economic O rtunit (EO-3). EO Objective 1-1: The City CDBG/ 2007 0 0 % 3.1 will support the efforts of Other 2008 0 0 % the Meridian Development 2009 2 2 % Corporation to implement 2010 2 2 % the Urban Renewal Area 2011 2 2 % Plan in revitalizing MULTI-YEAR GOAL: Six 6 downtown (6) new LMI jobs EO Objective 1-2: The City CDBG/ 2007 0 0 % 3.2 will improve economic Other 2008 0 0 % conditions in the Meridian 2009 3 3 Urban Renewal Area, 2010 3 3 % creating access to services 201 I 4 4 % and jobs for LMI persons 10 % MULTI-YEAR GOAL: Ten (10) businesses locate in Meridian URA Nei hborhood Revitalization (NR-I NR N/A 2007 %a 1.1 2008 %a 2009 % 2010 % 2011 % % MULTI-YEAR GOAL Other O-1) O N/A 2007 % 1.1 2008 % 2009 % 2010 % 2011 %a City of Meridian, Idaho 27 2009 Action Plan MULTI-YEAR GOAL Other (O-2) O N/A 2007 % 2.1 2008 % 2009 % 2010 % 2011 % MULTI-YEAR GOAL Cip~ of Meridian, Idaho 28 2009 Action Plan Appendix B.2 Table 3B: Annual Affordable Housing Completion Goals Grantee Name: City of Meridian Expected Annual Actual Annual Resources used during the eriod Program Year: 2008 Number of Units To Be Com leted Number of Units Completed CDBG HOME ESG HOPW A BENEFICIARY GOALS Sec. 215 Onl Homeless households 0 ^ ^ ^ Non-homeless households 0 ^ ^ ^ ^ Special needs households 0 ^ ^ ^ ^ Total Sec. 215 Beneficiaries* ^ ^ ^ RENTAL GOALS Sec. 215 Onl Acquisition of existing units 0 ^ ^ Production of new units 0 ^ ^ ^ Rehabilitation of existing units 0 ^ ^ ^ ^ Rental Assistance 0 ^ ^ Total Sec. 215 Affordable Rental 0 ^ ^ ^ HOME OWNER GOALS Sec. 215 Onl Acquisition of existing units 0 ^ ^ Production of new units 0 ^ Rehabilitation of existing units 0 Homebuyer Assistance 4 ® ^ ^ Total Sec. 215 Affordable Owner 4 ® ^ ^ ^ COMBINED RENTAL AND OWNER GOALS Sec. 215 Onl Acquisition of existing units 0 ^ ^ Production of new units 0 ^ ^ ^ Rehabilitation of existing units 0 ^ ^ ^ ^ Cin~ of Meridian, Idaho 2009 Action Plan 29 Rental Assistance 0 ^ Homebuyer Assistance 4 Combined Total Sec. 215 Goals* 4 ^ ^ ^ OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housin Annual Rental Housing Goal ^ ^ ^ Annual Owner Housing Goal 4 ^ Total Overall Housing Goal 4 ^ ^ City of Meridian, Idaho 30 2009 Action Plan Appendix B.3(1) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Program Administration Project Title PY2009 Program Administration Description The City's Overall CDBG program management, coordination, monitoring, reporting, and evaluation will include the following types of assistance: Coordinating Fair Housing activities with Boise and Nampa ^ Ensuring compliance with the Citizen Participation Plan ^ Preparing program budgets, schedules and amendments ^ Evaluating program results against stated objectives ^ Monitoring program activities for progress and compliance; resolutve audit and monitoring findings • Preparing reports and other documents for submission to HUD ^ Developing agreements to carry out program activities Coordinate training activities Objective category: ^ Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome category: ^ Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area Citywide as applicable Objective Number Project ID HUD Matrix Code CDBG Citation 21A 24 CFR § 570.206 Type of Recipient CDBG National Objective Entitlement N/A Start Date Completion Date 10/01/2009 09/30/2010 Performance Indicator Amtual Units N/A N/A Local ID Units Upon Completion N/A Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Yeaz Funds Assisted Housing PHA Other Funding Total $49,467.70 $49,467.70 $49,467.70 Ciro of Meridian, Idaho 2009 Action Plan 31 Appendix B.2(2) 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 The City will provide funding for the Boise City/Ada County Housing Authority to provide direct homeownership assistance to help LMI individuals purchase homes. Objective category: ^ Suitable Living Environment ®Decent Housing ^ Economic Opportunity Outcome category: ^ Availability/Accessibility ®Affordability ^ Sustainability Location/Target Area Citywide as applicable Objective Number Project ID 2-2 HUD Matrix Code CDBG Citation 13 24 CFR § 570.201(n) Type of Recipient CDBG National Objective Subreci Tent LMH Start Date Completion Date 10/01/2009 09/30/2010 Performance Indicator Annual Units DH-2 3-4 Local ID Units Upon Completion ltirnding Sources: CDBG ESG HOME HOPWA Total Formula Prior Yeaz Funds Assisted Housing PHA Other Funding Total . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35,000.00 $35,000.00 The primary purpose of [he project is to help: ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs City of Meridian, Idaho 32 21109 Action Plan Appendix B.3(3) Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Community hnprovement -Public Facility Centennial Park Description The City will allocate $55,000.00 to purchase and install playground equipment, game tables, etc. in Centennial Pazk. The Park is not located in an approved LMI census block group, so the first step of this project is to prepaze a survey confirming that the Park is eligible and appropriate for expenditure of CDBG funds. Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome category: ®Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area 237 E. Idaho Avenue; Meridian,lD 83642 Census Tract 010321, Block Group 1. Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation 5 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Entitlement LMA Start Date Completion Date 10/01/2009 09/30/2010 Performance Indicator Annual Units SL-1 1 facility improvement Local ID Units Upon Completion 1 The primary purpose of the project is [o help: ~rnding 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 $55,000.00 $55,000.00 $55,000.00 City of Meridian, Idaho 33 2009 Action Plan Appendix B.3(4) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Community Improvement -Public Facilities Project Title Five Mile Creek Pathway, Segment H.1 Description The City will allocate $33,000.00 to complete any necessary environmental reviews and begin construction of Five Mile Creek Pathway, Segment H.1 through aLow-Moderate Income azea within the City. This project will provide (1) a new recreational opportunity for residents in this area, and (2) a safe, convenient, non- motorized link to Downtown Meridian, via Pine Avenue to the south, and to the many businesses, employment opportunities, and services along Fairview Avenue to the north. Services located on Fairview neaz this pathway include the Idaho Department of Motor Vehicles (1769 N. Lakes Ave. Ste 100), Living Balance Counseling (1910 North Lakes Avenue), Hastings Books (1769 N. Lakes Avenue) and more. Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome category: ®Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area 237 E. Idaho Avenue; Meridian, ID 83642 Census Tract 010321, Block Group 1. Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation 5 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Entitlement LMA Start Date Completion Date 10/01/2009 09/30/2010 Performance Indicator Annual Units SL-1 1 facility improvement Local ID Units Upon Completion 1 Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Yeaz Funds Assisted Housing PHA Other Funding Total $33,000.00 $33,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $33,000.00 The primary purpose of [he project is to help: ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs City of Meridian, Idaho 34 2009 Action Plan Appendix B.3(5)a Jurisdiction's Name: Priority Need: Project Title Description Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Community Improvement -Public Services Boys & Girls Club Transportation Program The City will provide assistance to the Meridian Boys & Girls Club to initiate a bussing program that will transport students from Peregrine Elementary, Meridian Middle, and Meridian High to the Club after school. CDBG funds will cover driver wages and fringe benefits, insurance, bus maintenance and repairs, and fuel. The bus will run every school day for the extent of the program yeaz. Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome category: ®Availability/Accessibility ^ Affordability ^ Sustainability Location/TargetRrea Boys & Girls Club - 911 N. Meridian Road; Census Tract 010322, Block Group l Peregrine Elementazy - 1860 W. Waltman St. Meridian Middle - 1507 N. West 8'h Street; Census Tract 010322, Block Group 1 Meridian High - 1900 W. Pine Avenue; West of/adjacent to Census Tract 010322, Block Group Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation 03D 24 CFR § 570.202(e) Type of Recipient CDBG National Objective Subreci lent LMC Start Date Completion Date 10/01/2009 09/30/2010 Performance Indicator Annual Units # of individuals served 100 Local ID Units Upon Completion 100 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Yeaz Funds Assisted Housing PHA Other Funding Total ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs $17,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....$,17,000;00 ............................... $17,000.00 City o(Meridian, Idaho 35 2009 Action Plan Appendix B.3(5)b Jurisdiction's Name: Priority Need: Project Title: Description Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Community Improvement -Public Services Meridian Food Bank CDBG funding will assist the Meridian Food Bank in purchasing equipment and supplies related to their primary function; providing food to individuals and families in need. Equipment may include refrigerators/freezers for food storage, a truck to pick up and transport food, and computers to (1) track food, monetary donations, and inventory, and (2) monitor and report finances for documentation purposes. Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome category: ®Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area Meridian Food Bank - 15 E. Bower; East of/adjacent to Census Tract101322, Block Group 2 Objective Number Project H) SL3.3 HUD Matrix Code CDBG Citation 03D 24 CFR § 570.202(e) Type of Recipient CDBG National Objective Entitlement LMC Start Date Completion Date 10/01/2009 09/30/2010 Performance Indicator Annual Units # of individuals served 600 + individuals Local ID Units Upon Completion 600 + individuals The primazy purpose of [he 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 $20,494.30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20,494.30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20,494.30 City of Meridian, Idaho 36 2009 Action Plan Appendix B.3(6) Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Economic Development Facade Improvements Description Partner with Meridian Development Corporation to complete one facade improvement project to address slum and blight in the Urban Renewal Area. Objective category: ^ Suitable Living Environment ^ Decent Housing ®Economic Opportunity Outcome category: ®Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area Project will be located within the City's urban renewal area. The exact location will be determined by the MDC Boazd. Objective Number Project ID ED1 HUD Matrix Code CDBG Citation O1 24 CFR § 570.202(a)(3) Type of Recipient CDBG National Objective Entitlement SBA Start Date Completion Date 10/01/2009 09/30/2010 Performance Annual Units Indicator: Blighted 1 structures improved Local H) Units Upon Completion 1 The primazy purpose of the pmject is to help: Ftirnding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ^ The Homeless ^ Persons with H1V/AIDS ^ Persons with Disabilities ^ Public Housing Needs $40,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $40,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $40,000.00 City of Meridian, Idaho 37 2009 Action Plan APPENDIX C: CERTIFICATIONS City of Meridian, Idaho 38 2009 Action Plan ~Q'PttAENipFhp` 7 * * ~ CPMP Non-State Grantee '°~9e N p~~; Certifications ~ D~E~ Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. ^ This certification does not apply. ~ This certification is applicable. NON-STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Ac[ of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antid isplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide adrug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program [o inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining adrug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a, Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 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 grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain adrug-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 39 2009 Action Plan 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. [f 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 [o 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 Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. ~-//-v9 ivarne Title 33 E. Broadwa Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number Date City of Meridian, Idaho 40 2009 Action Plan ^ This certification does not apply. ® This certification is applicaWie. 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 -- tts consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following aPlan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria 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 benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing Conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12. Overall Benefit -The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2007, 2008, 2009, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital casts of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be Conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; City of Meridian, Idaho 41 2009 Action Plan Compliance with Laws -- It will comply with applicable laws. Signature/Au~Yh rued Official Date Name Title 33 E. Broadwa Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 42 2(X)9 Action Plan ® This certifieation does not apply. ^ This certification is applicable.- OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 43 2009 Action Plan ® This certification does not apply. ~ This certification is a licable. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92,205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 44 2009 Action Plan ® This certification does not appty. ^ This certification is applicable. HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2, For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure. Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 45 2009 Ac[ion Plan ', ~ This certification does not apply. ®This certification Is applicable. ESG Certifications I, Mayor Tammy de Weerd, Chief Executive Officer of Jurisdiction, certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. 5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) there must be a reasonable prospect that the family will be City of Meridian, Idaho 46 2009 Action Plan able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Management Information System (HMIs) and the collection and reporting of client-level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations of the .Department of Housingcand Urban Development. Signature/ u orized Official Date Name Title 33 E. Broadwa Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number Ci[y of Meridian, Idaho 47 2009 Action Plan ^ This certification does not apply. ® This Certification is ap Ilcable, APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Workplace Certification 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 reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug- Free Workplace Act, HUD, in addition [o any other remedies available to 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 identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on Flle In its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the pertormance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the pertormance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certiFlCation with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street Cit Count state Zi Meridian Cit Hall 33 E. Broadwa Meridian Ada ID 83642 Meridian Cit Hall Annex 703 N. Main St. Meridian Ada ID 83642 Meridian Plannin De artment 660 E. Watertower Meridian Ada ID 83642 Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving [he manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the pertormance 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 pertormance 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 48 2009 Action Plan used to meet a matching requirement; consultants or Independent contractors no[ on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note [hat by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impedimentr to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan -. F~ ~ Signature~A horized Official Date s Name twd~ -~ Title ~ -// - 33 E. Broadwa Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 49 2W9 Action Plan APPENDIX D: SF 424 Ci[y of Meridian, Idaho 50 2009 Action Plan OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version o2 '1. Type of Submission: '2. Type of Application " If Revision, select appropriate letter(s) ^ Preapplication ^ New ® Application ®Continuation 'Other (Specify) ^ Changed/Corrected Application ^ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: '5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: 'a. Legal Name: CITY OF MERIDIAN, IDAHO 'b. Employer/Taxpayer Identification Number (EIN/TIN): 'c. Organizational DUNS: 82-6000225 028 451 367 d. Address: 'Street 1: 33 E. Broadway Street 2: 'City: Meridian County: Ada 'State: Idaho Province: `Country: USA 'Zip /Postal Code 83642 e. Organizational Unit: Department Name: Division Name: Meridian Planning Department f. Name and contact information of person to be contacted on matters involving this application: Prefix: 'First Name: Matthew Middle Name: 'Last Name: Ellsworth Suffix: City of Meridian, Idaho 51 2009 Action Plan Title: Associate City Planner and CDBG Administrator Organizational Affiliation: 'Telephone Number: 208-884-5533 Fax Number: 208-888-6854 'Email: mellsworth@meridiancity.org OMB Number: 4040-0004 Expiration Date: 07/37/2009 Application for Federal Assistance SF-424 Version 02 `g. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: 'Other (Specify) `10 Name of Federal Agency: HUD 11. Catalog of Federal Domestic Assistance Number: CFDA Title: `72 Funding Opportunity Number: 74.278 `Title: COMMUNITY DEVELOPMENT BLOCK GRANT/ENTITLEMENT GRANTS 13. Competition Identification Number: Title: City of Meridian, Idahu 52 2009 Ac[ion Plan 14. Areas Affected by Project (Cities, Counties, States, etc.): CITY OF MERIDIAN, IDAHO *15. Descriptive Title of Applicant's Project: Investment funds to create/sustain suitable living environments, expand affordable housing opportunities, eliminate slum and blight, and administer [he CDBG program. OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: 'a. Applicant: 1 'b. Program/Project: 1 17. Proposed Project: 'a. Start Date: 10/01/2009 'b. End Date: 09/30/2010 1 B. Estimated Funding ($): 'a. Federal 249,962 'b. Applicant `c. State `d. Local `e. Other 'f. Program Income 'g. TOTAL 249,962 '19. Is Application Subject to Review By State Under Executive Order 12372 Process? ^ a. This application was made available to the State under the Executive Order 12372 Process for review on _ ^ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 '20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ^ Yes ® No 21. `B si nin this a lication, I certif 1 to the statements contained in the list of certifications" and 2 that the statements City of Meridian, Idaho 53 2009 Action Plan herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® "IAGREE "The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: `First Name: Tammv Middle Name: `Last Name: De Weerd Suffix: `Title: Mayor `Telephone Number: 208-888-4433 Fax Number: 208-884-8723 ' Email: deweerdt@meridiancity.org 'Signature of Authorized Representati `Date Signed: ~- ~ O Authorized for Local Reproduction ~~j Standard Form 424 (Revised 10/2005) '// Prescribed by OMB Circular A-102 City of Meridian, Idaho 54 2009 Action Plan OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-024 Version o2 City of Meridian, Idaho 55 2W9 Action Plan 'Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. City of Meridian, Idaho 56 2009 Action Plan August 7, 2009 MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1,2009 APPLICANT REQUEST C Phase 1 for ITEM NO. S-K Order No. 2 with Paul Construction for Settler's Village Square 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 Sso aRachsd ~j ~~~ Contacted: Date: Phone: _ Emailed: Staff Initials: Materlala Dreasnfad ai publle meetlnps shop become properly of Mw City of M~ridlan. ,RECEIVE Memo A~~ 031°°9 CITY OF CC(c'.~wur., CI~rYCLERKSOFFj E To: Jaycee Holman; Tara Green; Kathy Wanner; Keith Watts From: Max Jensen, Capital Projects Manager CC: Steve Siddoway, Parks and Recreation Division Director Elroy Huff, Parks and Recreation Division Superintendent Date: 7!28/2009 Re: Proposed Agenda Item for August 11, 2009 City Council Meeting The Parks and Recreation Division respectfully requests the following item be placed on the August 11, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Chance Order No. 2 with Paul Construction for the Settlers Village Square -Phase 1 oroiect (Construction) Attached is Change Order No. 2 with Paul Construction for material and labor to revise the style of the shelters to compliment the style of the existing restroom/concessions building. The Change Order is for $2,525.35 and is less than a 1 % increase to the original contract. Recommended Council Action: The Parks and Recreation Division recommends that City Council approves and signs Change Order No. 2 with Paui Construction. Thank you for your consideration. Please contact me if you have any questions. • Page 1 CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83842 CONTRACT CHANGE ORDER Change Order No.: 2 Project Number: PKS-08.008 Date: 7/28/2009 Effective Date: CONTRACTOR: o_... i.___.___.. _ ram a.uns[ruG[lon InC. PROJECT: Settlers Village Square Phase 1 The Contractor is hereby directed to make the following changes from the Contact Documents and Plans. Deseiption: Duming construction, the shelter was revised by the Parks and Rec Dept. to comliment the style of the Amount existing restroom/concessions building. $2,525.35 Reason for Change Order: $2,525.35 Revise the shelter style to compliment the existing restroom/concessions building. Attachments: May 29, 2009 letter from Paul Construction CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $566,489.00 Odginal Contract Completion Date: 5/7/2009 Original Contract Completion Days: Net changes form previous C O 's : . . . Net Days change form previous C.O.'s: No. 0 to 1 No. 0 to 0 $5,484.76 Contract Price Prior to this C.O.: Contract Completon Date before this C.O.: 0 5/7/2009 $571,973.76 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: 2 WORKING $2,525.35 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: 5/9/2009 $574,499.11 RECOMMENDED: (CITY CAPITAL PROJECTS MANAGER) Date: ~ ~ D ACCEPTED (CITY DIVISION REPRESENTATIVE) ACCE TED (CONY CTOR) By. Jaa T~rt,_. ' ~- ~~ ~ P B FlU (rou5 ~ y' Date: _~~~ -j0-0 Date: 7'31 Oh APPROVED: (CITY PURCHASIN AGENT) COUNCIL APPROVAL `\`\,1n~iini~Hpii'b By: Keith Waits ~ ~~~ OF ., // ~ 1 `~. f~ date: 7. iQ / i ~GLcS L ~N ~~ ~'9i;, ~:~ Date: l 4PPROVED: C MAYO) F ~ ATTEST: (CITY C ERK) ;` - i 3y: ayor Ta y ,~}W~eerd By: City Clerk, Jrra~~ycee Homan 9 ~Qr~ Date: - -~T tSt CQUNTY . ~inrunl ullty aul onst~uctzon Inc. Site Utilities • Asphalt Paving • Excavation May 29, 2009 Max Jensen City of Meridian 33 W.Idaho Meridian, ID 83642 RE: Settlers Village Square Phase I Changes to 20 x 20 Sheller and 30 x 40 Shelter Add raised cupola for shelters: Add $ 452.00 additional costs Additional Labor: Louvers Roof Small building Large building Thank you. / ~ ~ / ames L. Paul PWL -10495-AA-4(02319, 02850, 02310,03300,02740,02500) P.O. Box 1117 • Meridian, ID 83680 (208) 466-2953 • Fax (208) 465-9013 E-mail: ptcnstrctn@cs.com RCE - 6121 $ 452.00 $ 560.00 1 120.00 $ 2,132.00 15°~ 319.80 $ 2,451.80 73.55 $ 2,525.35 August 7, 2009 MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1,2009 APPLICANT ITEM NO. Jr-L REQUEST Water Main Easement Agreement for Washington Federal Savings by Statewide Mortgage Service Company, Inc. 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 of public meehnpa atwh become property of the City of Meridian. COMMENTS See attached See attached MayorTammy de Weerd E IDIAN~-- City Council Members: Keith Bird i+ Brad Hoaglun Charles Rountree f D A H 0 David Zaremba Internal Memo To: Jaycee Holman; Tara Green From: Steve O'Brien CC: File Date: 7/31/09 Re: Proposed Agenda Item for Next Available City Council Meeting The Development Services Division of the Public Works Department respectfully requests the following item be placed on the Next Available City Council Consent Agenda, for Council's consideration: A water and sewer main easement for a new Washington Federal Savings commercial building located on Stoddard and Franklin Road. Recommended Council Action: The Development Services Division of the Public Works Department recommends that City Council approve this water and sewer easement with Statewide Mortgage Services Company, Inc. Thank you for your consideration. Please contact me should you have any questions or concerns regarding this item. Fram the desk of... save O'erlen Development Analyst Meridian Public Works Department 880 E. Waterlower Lane, Suite 200 Meridian, Idaho 83642 (208) 887.2211 Fax: (208) 887-1297 • Page 1 WAIVER AND CONSENT TO ACTIONS IN LIEU OF A MEETING OF THE BOARD OF DIRECTORS OF STATEWIDE MORTGAGE SERVICES COMPANY, INC. THE UNDERSIGNED, being the shareholder and all of the members of the Board of Directors of STATEWIDE MORTGAGE SERVICES COMPANY, INC. (llte "Corporation"), by signature hereunder, do hereby consent to the actions described and the adoption of the resolutions set forth below. This Waiver and Consent shall have the same effect as a unanimous vote, as if a duly convened meeting of the shareholder and directors was held at the principle place of business of the Corporation, pursuant to RCW 23B.07.040 and RCW 23B.08.210. RATIFICATION OF CORPORATE ACTS WHEREAS, Corporation is in the process of constructing a new branch (the "Branch") located at the Southwest Comer of Franklin Road and Stratford in Meridian, Idaho (the "Location"); and W HEREAS, a request has been made that the Boazd of Directors of Corporation famish sufficient notice of authority of those persons acting on behalf of Corporation who have signed and/or will sign all Documents incident to the construction of the Branch at the Location; and WHEREAS, the Board of Directors of Corporation, by means of this Waiver and Consent, both (1) affirm the authority of those persons designated below who have signed Documents on behalf of Corporation incident to the construction of the Branch at the Location and ratify said Documents, and (2) designate the below listed persons as individually having the authority on behalf of Corporation to execute any and all necessary Documents incident to the construction of the Branch at the Location: NOW, THEREFORE, the Board of Directors of Corporation has resolved as follows: RESOLVED THAT, the below listed persons had authority on behalf of Corporation to sign any and all necessary Documents incident to the construction of the Branch at the Location; and RESOLVED THAT, the terms of the Documents are ratified by Ute Corporation, subject to all terms and conditions stated therein; and RESOLVED THAT, any one (1) of the following named persons have authority to execute any and all necessazy Documents incident to the construction of the Branch at the Location, to wit: Bob Link Cltal Loveland Keith Taylor john Yeckel AND IT IS ALSO RESOLVED THAT, as used in this Resolution, "Documents" means any and all documents necessary to be signed by Corporation incident to the construction of the Branch at the Location, including but not limited to the execution of contracts on behalf of the Corporation associated with the platting, permitting, architectural design, furnishing and constructing of the Branch at the Location. This document may be executed in two or more Counterparts, each of which shall be deemed an original and all of which together shall constitute the same document, whether or not all parties execute each counterpart. WHEREFORE, the undersigned do hereby witness the official act of the Corporation, by and through this waiver and Consent of its Board of Directors on the date shown below. t~ DATED this ~ day of Mazch, 2009. SHAREHOLDER: WASHINGTON FEDERAL SAVINGS ~~ ~ . ~ ~~ By: Roy M. hitehead President and CEO DIRECTORS: STATEWIDE MORTGAGE SERVICES COMPANY, INC. Roy M. Whitehead Edwin C. Hedlund , '' ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 08/12109 03:46 PM RECORDED nREOU~EeSTOFB III I'll"IIIIII'llll'IIIIIIIIIIIIIIII Meridian City 109094297 WATER MAIlV EASEMENT THIS INDEIV'I'IIRE, made this 27 day of July , 20 0~_between STATEWIDE MORPGAGE SERVICES COMPANY, INC. ,the parties of the fast 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; WTINESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the water 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 operation and maintenance of a water main at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBTT A and B) The easement hereby granted is for the purpose of construction and operation of a water main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of water mains 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. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or malting subsequent connection to the water main, Grantee shall restore the azea 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. City of meridian, Idaho Water Main Easement EASMT.WTR 1-29-09 1- 29-09.doc . 4. 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. 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 fast part have hereunto subscribed their signatures the day and year fast herein above written. GRANTOR: Robert Ljnlc ~a ~ Challis Loveland STATE OF IDAHO ) ss County of Ada ) On this 27 day of JAY , 20 09 ,before me, theundersigned, aNotary Public in and for said State, personally appeared Robert Link and Challis Loveland known or identified to me to be the utYroaized respectively, of the corporation that executed the within instrument, and inners acknowledged to me that such corporation executed the same. IN WTI'NESS aW„~~OF, I have hereunto set my hand and affixed my official seal the day and year fist aboveaOPi~e~. E p~ °o•.•~ 0,~.e ~1~®®,.ooo®o e~~ .~~, Rya ® O T A ~ ~~•A~+ ~i ®~ ~ ~ ~ TARY PUBLIC IDA O ~ m A (S~AI~ * = Residing at: Boi e o~ ®, ~ 13 L ~ em O r~ Commission Expires: $/g/11 City of me~d~~e~~p ,, fiASMT.WTR 1-29-09 1- WaterMain 29-09.doc .~ :. GRANTEE: CTI'Y OF MERIDIAN / f~i v Tatnmy de W ,Mayo/r / ~ - Attest b ycee L. Holman, City Clerk Approved By City Council STATE OF IDAHO ) ss County of Ada ) ,.~~` pF M ''~., $EAL = ~~ ` On this ~ I day of ~'1~-+' ' , 20 ~ , before me, the undersigned, a Notary Public in and for said State, personally appeat~d TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN W ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fast above written. OTARY PU~,IC FOR IDAHO (SEAL) Residing at: (11 Cam, S.Y la ,`~ ~~..••••..~ Commission Expires: ~~~~"~~ TAR_A '. , ~1~1Oa~~',Q': . ; •~ , .''!''~> ;; ~/~AHQ. City of meridian, Idaho Water Main Easement EASMT.WTR 1-29-09 1- 29-09.doc .1 i. - ~'EALEY'S L.AN® 187 E. 50th Street • Garden City, Idaho 83714 ~'Ju{gVEY1NCa (203) 385-0636 Fax (208) 385-06>~ Project. No.: 3325 Date: July 24, 2009 EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN WATER MAIN EASEMENT AT WASHINGTON FEDERAL SAVINGS A parcel of land being a portion of Parcel G, as shown on Record of Survey No. 7377, filed for record in the Office of the Recorder for Ada County, Idaho under Instrument No. 106072793, lying in the NW 1/4 of Section 18, T,3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at the Southeast comer of Lot 32, Block 2 of Honor Park Subdivision No. 3 as on file in Book 78 of Plats at Pages 8191 & 8192 in said Office of the Recorder for Ada County, Idaho; thence along the Northeasterly line of said Parcel G South 45°05'49" East 14.01 feet to a point; thence along the East line of said Parcel G South 00°27'58" West 10.00 feet to a point on a line that is parallel with and 20.00 feet South of the North line of said Parcel G; thence along said parallel line South 89°20'24" West 160.05 feet to a point; thence leaving said parallel line South 44°52'31" West 36.40 feet to a point; thence South 00°24'38" West 62.62 feet to a point; thence at right angles South 89°35'22" East 10.00 feet to a point; thence at right angles South 00°24'38" West 10.00 feet to a point; thence at right angles North 89°35'22" West 10.00 feet to a point; thence at right angles South 00°24'38" West 33.85 feet to a point; thence North 89°20'24" East 10.00 feet to a point; thence South 00°24'38" West 15.19 feet to a point; thence at right angles North 89°35'22" West 30.00 feet to a point; thence at right angles North 00°24'38" East 129.65 feet to a point; thence North 44°52'31" East 52.75 feet to a point on said North line of Parcel G; thence along said North line North 89°20'24" East 158.61 feet to the POINT OF BEGINNING, Said parcel of land contains 6,891 square feet, more or less. W A93261DOCSl'f326~xeter-nse. °oc - pw 'J J i. EXHIBIT "B" CITY OF MERIDIAN WATER MAIN EASEMENT EXHIBIT AT WASHINGTON FEDERAL SAVINGS SITUATED IN LOT 24, BLOCK 2, HONOR PARK SUBDIVISION No. 3, LYING IN THE NW I/4, SECTION 18, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO E. FRANKLIN ROAD '\ HOidOFi ?AF?P: LOT :iz fiUBUi?+1.°iION t9(7. :i Bl.tii:^: L O m N W m v N O 0 z 89.35 _~ I--. N 89.20' 4' E 158.61' I S 89.20'24' W 16( /L __ o , p as N 3 \ ~ ~ / PROPOSED ~ m ~ WASHINGTON N ` 0 1 SAV NGS / / I \ ut c ao•as~ a a• c i _ 00.24'38' W ~-;, n lo.oo ,~. ~;:.. 3 ~ ~ N 89°35'22' W (tPZ`•-' o~~ m 10.00' ~; . `~' Y > N .} c N 89.20'24' E ~~ 10.00' r rn 00'24'38" W 3325-Eoae-Exhiblta.dwq 07-24-09 10:37:19 JWargo LOT O ~ , ~~ N. 0 15 30 60 SCALE IN FEET I" = 30' r 4 ' ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 f BOISE IDAHO 08M?NB 016 PM DEPUTY Ba~nie ObetBflBB 'll IIII'lllll'IIIIIIII'I'lll'III II'll RECORDED-REQUEST OF 109094296 Meridlmi dry SANTTARY SEWER MAIIV EASEMENT THIS INDENTTJRE, made this 27 day of July , 2009 between STATEWIDE MORTGAGE SERVICES COMPANY, TNC. ,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 main right-of--way across the premises and property hereinafter particulazly 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, 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 operation and maintenance of a sanitary sewer main at the convenience of the Grantee 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 main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of sanitary sewer mains 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 andright-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 performing other maintenance or making subsequent connection to the sanitary sewer main, 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. City of Meridian, Idatw Sewer Main Easement 29-09.doc EASMT.SEW 1-29-091- ., 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. 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: 8'~d6f~y7C Challis Lod STATE OF IDAHO ) ss County of Ada ) On this ~ day of _ July , 20 02_, before me, theundersigned, aNotary Public in and for said State,pe rsonally appeared Robert Link and Challis Love known oc identified to me to be the luthorized 3lgners ~ respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNE~~,yy~REOF, I,have hereunto set my hand and affixed my official seal the day and yeaz fist abctircF°°writte:a„A~ a`®`oTA~q '' ~ ® ,Z ~ , e a v oA °oA ®m a®+~~~ ta[}~ O o®0® em0®~~,~~~ Sewer Ma~f @f°°D~~~, ~: 29-09.doc ~•• NOTARY PUBLIC Residing at: ~t g Commission Exnire EASMT.SEW 1-29-091- ~ ~ i GRANTEE: CTI'Y OF MERIDIAN ~~_ Tammy de Vye rd, ayor I ~// / L. $olman, City Clerk Approved By City Council STATE OF IDAHO ) ss County of Ada ) ,O~u,uu,,,, ' .~• ,( , C~~ _nµpop,~ '~~% ~'" too SEAL L'O(/MV . On this ~ ~~ day of~US+ 20 ~~ , before me, the undersigned, a Notary Public in and for said State, personally append TAMMY DE WEERD and JAYCEE L. HOLMAN, lmown 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 yeaz first above written. OTARY PUBLIC FOR IDAHp Residing at: ~~~~_ Commission Expu~es:_ 10• ~ ~- ~ ~ City of Meridian, Idaho Sewer Main Easement 29-09.doc EASMT.SEW 1-29-09 1- (SEAL) TEALEY'S LAND 187 E. 50th Street • Garden city, Idaho 83714 SURVEYING (206) 385-~36 Faz (ZOB) 385-0686 Project. No.: 3325 Date: July 24, 2009 EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN SEWER MAIN EASEMENT AT WASHINGTON FEDERAL SAVINGS A parcel of land being a portion of Parcel G, as shown on Record of Survey No. 7377, filed for record in the Office of the Recorder for Ada County, Idaho under Instrument No. 108072793, lying in the NW 1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at the Southwest comer of Lot 32, Block 2 of Honor Park Subdivision No. 3 as on file in Book 78 of Plats at Pages 8191 & 8192 in said Office of the Recorder for Ada County, Idaho; thence along the North line of said Parcel G North 89°20'24" East 18.26 feet to a point; thence leaving said North line South 31°50'40" East 57.15 feet to a point; thence at right angles South 58°09'20" West 20.00 feet to a point; thence at right angles North 31°50'40" West 88.33 feet to a point on the West line of said Parcel G; thence along said West line North 00°39'38" West 3.68 feet to a point on the South right-of-way line of East Franklin Road; thence along said South right-of-way line North 89°20'24" East 15.00 feet to the Northwest comer of said Lot 32; thence along the West line of said Lot 32 South 00°39'38" East 20.00 feet to the POINT OF BEGINNING, Said parcel of land contains 1,483 square feet, more or less. W:1932M°w1332&~wvx«.a.°°e - feu a „ y a EXHIBIT "B" CITY OF MERIDIAN SEWER MAIN EASEMENT EXHIBIT AT WASHINGTON FEDERAL SAVINGS SITUATED IN LOT 24, BLOCK 2, HONOR PARK SUBDIVISION No. 3, LYING IN THE NW I/4, SECTION 18, T.3N., R.IE., B.M., N o0°39'36° wR E, FRANKLIN ROAD MERIDIAN, ADA COUNTY, IDAHO 3.68' \ N 89°20'24° E _ 15.00' w ~ Fiiiid{Iii P,vRh: o !~ Sli E3DIVls:l{aid h!{?. :i o a~ { {;_ c :' N 89°20'24° E ~ "•- °0 18.26' E?E.{i{:p; :? N _ N 89'20'24' E 230.30' '_ 36.48' 175.56' N ~o ~m a y ~ ~P.0.8~ ~. .~ SWI CORNERI s '•s 4- ~".J 'g. ~ .'; rte:.^. AREA IN EASEMENT 1,483 SQ. FT. O N. V / ............. ~ II N .o ;y .?i ................. ~r~' 1 ~' 7 ~;: „~. . z., ................ r~{~. ................. co~ o l0 20 ao SCALE IN FEET I" = 20' 3325-Eaee-Exhtbita.dwg 07-24-09 70:42:58 JWOrgo O ~ ~ PROPOSED WASHINGTON FEDERAL - SAVINGS August 7, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Contract Amendment with Sewer Line Maintenance for $58,700.0 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: Emailed: COMMENTS See aNached See aMaehed Inc. forFY2009 Date: Phone: _ Staff Initials: Maleriab presented aF PubRe meeHnps shah become properly of IM CXy o} Merldhn. August 11,2009 ITEM NO. S-M Ci ty of Mer idi an P ubl ic Wor ks De pt. Memo To: Jaycee Holman; Tara Green From: Roxanne Holland, EIT, Staff Engineer CC: Becky Licari, Administrative Secretary Date: July 30, 2009 Re: Proposed Agenda Item for August 11, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 4 City Council agenda, under Consent Agenda, for Council's consideration: The Public Works Department would like to add cleaning of an additional 200,000 linear feet of 8-inch sewer line, which will cost $50,000.00. The time for delivery of the sewer cleaning truck was longer than anticipated, thus lessening the ability for the WWTP to meet maintenance goals for FY2009. Funds budgeted for contract work remain in Wastewater Maintenance (60-3520-53350) and all work will be completed by September 30, 2009. Recommended Council Action: The Public Works Department recommends that the City Council approves the Corrtract Amendment with Pipeline Inspection Services, Inc. for the FY 2009 Sewer Line Cleaning, Maintenance, TV and Inspection project for $50,000.00 and authorize the Mayor to sign k. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page t ~~E IDIAN~:--- ~~ ., ~; ~; CITY OF MERIDIAN CONTRACT AMENDMENT CONTRACTOR NAME: DEPARTMENT NAME: Pipeline Inspection Services, Inc Public Works ADDRESS: ADDRESS: P O Box 3023 33 E. Broadway Ave, Ste. 200 Nampa, ID 83653 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Amendment Date: 8I11I09 Previous Amendments: 0 Current Contrail Dates: START: 1/6/2009 COMPLETION: 9/30!2009 Current Contract Amount (Inclusive o/Previous Amendments to Date): 575.893.50 CHOOSE ONE AMENDMENT COLUMS BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE OPTION TO RENEW" and check off any applicable amendments under that column. STANDARD AMENDMENT _ AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that aoolvl (Check all that AooN) Amendment to Contract Performance (Scope) Amendment to Contract Performance _ Amendment to Contract Dates _ Amendment to Contract Dates Amendment to Contract Artrount X Amendment to Contract Amount Other: (Explain) Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevanldocumentatlon detailing amendmenQ: Amend the FY 2008 Sewer Line Cleaning, Maintenance, TV and Inspection contract to include additional 200,000 LF of 8 inch sewer at $0.25/LF ($50,000). The work will be completed this fiscal )rear (2008). Funds are available in 50-3520- 53350. Amendments of the contract are allowed per Item 77 of the current Executed Agreement dated January 6, 2008. NEW CONTRACT INFORMATION: Amendment Date: 8/11/09 New Contract Dates: START: COMPLETION: Amount of Amendment Change $ 50.000 Curtent Contract Amount (Inclusive o/Previous Amendments fo Date): $75.893.50. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MER I BY: TAMMY/~ Dated: `' Approved by Council: EERD, MAYOR `\ ` ~~,,, a .. ~ ~.. ~,,,,,,, I I ~ A°I .` ~ of ~R/O,-9''%, aPO/~>F ti ', 0 SEAL CITY CLERK ''., O, ~QP ~.`~~` Approved by City as to Content BY: KEI ATT ,PURCHASING AGENT AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES FY 2009 SEWER LINE CLEANING, MAINTENANCE, TV AND INSPECTION THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of ~'I`'~fber, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Pipeline Inspection Services, Inc, hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 3023, Nampa, ID 83653 and whose Public Works Contractor License # is RCE-8482. INTRODUCTION Whereas, the City has a need for services involving FY 2009 Sewer Cleaning. Maintenance. TV and Inspection; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall pertorm and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in aB respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, Including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Con#ractor, the City reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 1 of 10 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work pertormed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof in the amount of $75,893.50. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or Sta#e income taxes or Social Security Tax from any payment made by Ci#y to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups, Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by bosh parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. FY 2009 Sewer Cleaning, Maintenance, N and Inspection - page 2 of 10 Upon agreement by the City and the Contractor, three (3) additional one (1) year options may be considered.This Agreement shalt terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Conrtractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insovency of either party; b. Sale of Contractor's business; or c. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the pertormance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 3 of 10 agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine fhe method, details and means of pertorming the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, fts servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including FY 2009 Sewer Cleaning, Maintenance, N and Inspection - page 4 of 10 litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian Ciry Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, ether: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 7. Notices: Any and all notices required to be given by either of the parties hereto, unless othenruise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 5 of 10 City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83842 Pipeline Inspection Services. Inc P. O. Box 3023 Namaa. ID 83653 Idaho Public Works License #: RCE-8482 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other. in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract beiween the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 6 of 10 completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and fo make audits of all contrae#s, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severabillty: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach,_and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 7 of 10 oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the Sate of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF BY: Dated: L/ 1- le -~r1 Attest: Approved as to BY: Pipeline Inspection Services, In Dated: ~Z-Z 9~©8 pF ''~ ~~ ti Dated: / ~ ~ ~ 9 ~ ~ O Approved as to Form CITY ATTORNEY Department Approval NAME: 7 pwX/}NNG ~~R~1~ TITLE: UT~ INa~IZ Dated: 12- l~-D 9 __ _ Approved by City Council: ~ a' °~ 3- t78 FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 8 of 10 Attachment A SCOPE OF WORK The FY 2009 Sewer Cleaning, Maintenance, TV & Inspection project will include the following work: 1. Cleaning of approximately 217,000 feet of sewer line 2. CCTV of approximately 50,000 feet of sewer lines 3. Smoke testing as requested 4. Lift Station cleaning per the following schedule: • 10 Lift Stations per month for grease removal • 20 Lift Stations per year for grit removal 5. Emergency repair of sewer lines 6. Emergency repair of manholes 7. Collection system backup response (on-call 2417 services) SPECIFICATIONS A. Time and materials must be approved prior to beginning any work B. Cost of materials will be approved on an as-needed basis C. The City of Meridian will determine work that is classified as an emergency D. In the event of emergency repair of sewer lines and manholes, the City of Meridian shall determine if the repair work will be temporary or permanent E. In the event of emergency on-call services, contractor shall have a 30 minute response by phone and a maximum of 2 hours for on-site response following notification of emergency. F. Contractor will be permitted to dump debris, related to work described in this contract, at the City of Meridian Wastewater Treatment Piant located at 3401 N. Ten Mile Rd, Meridian, ID 83642. G. Contractor shall notify the City of Meridian prior to beginning any work H. All work shall conform to the Idaho Standards for Public Works Construction (ISPWC), Ada County Highway District (ACRD) and City of Meridian Standards i. Contractor shall be responsible for traffic control and any permits required #o work in ACRD Right of Way J. Contractor shall be willing to testify as an expert wdness in the event of litigation K. Contractor shall be responsible for complying with standard safety practices L. Contractor must identify ail sub-contractors to be used and the City of Meridian must approve the sub-contractor prior to beginning any work M. Contractor shall notify the City of Meridian of any sign cant problems, abnormalities, additional repairs need, etc. that may have been encountered during or after the work was completed. N. The quantities stated in the above bid schedule represent a maximum. The contract herein does not guarantee approval of the maximum quantify listed and may include any and all quantities up to the maximum listed in the bid schedule O. Contractor shall use CIPP Permaliner, or equivalent, in all sewer pipe repairs. FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 9 of 10 Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $75,893.50 Furnish all labor, materials, equipment, and incidentals as required for the FY 2009 SEWER CLEANING, MAINTENANCE, TV AND INSPECTION, per the attached s ecifications AttachmentA . PTEM DESCRIPTION UNIT UNIT PRICE QUANTITY TOTAL PRICE SEWER CCTV 8 INCH LF .22 30,000 B 800.00 101NCH LF .22 1850 $ 407.00 121NCH LF .22 1,850 $ 407.00 1 151NCH LF .22 6,000 $1,320.00 181NCH LF .25 1,870 $ 467.50 211NCH LF .25 5000 $1250.00 24 INCH LF .25 3 000 $ 750.00 SEWER CLEANING 8 INCH LF .25 132 000 $33 000.00 10 INCH LF .25 12 000 $ 3 000.00 121NCH LF .26 26,000 $ 6 760.00 15 INCH LF .26 6 200 $ 1,812.00 2 181NCH LF .26 17000 $ 4420.00 21 INCH LF .30 6000 $ 1,800.00 241NCH LF .30 5,000 $ 1,500.00 27 INCH LF .30 3000 $ 900.00 301NCH LF .30 6,000 $ 1,800.00 361NCH LF .30 4,000 $ 1.200.00 3 LIFT STATION CLEANING -GREASE REMOVAL EACH 600.00 10 LIR Statrons' deaned once er month $ 7,200.00 4 5 6 7 LIFT STATION GRIT REMOVAL SMOKE TESTING ROOT REMOVAL EMERGENCY REPAIR / ON-CALL SERVICES EACH HOUR HOUR HOUR 750.00 $250.00 $185.00 $250.00 10 LiR sta0ons cleaned 2 times per $ 1,500.00 LUMP SUM TOTAL ............................................................................$ 75.893.50 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 10 of 10 August 7, 2009 MERIDIAN CITY COUNCIL MEErING APPLICANT REQUEST Agreement for for a Not to Exceed AmoL August 11,2009 ITEM NO. S-N lies /Equipment Procurement with Weschem, Inc. 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: Emailed: COMMENTS See attached See aNa~ Date: Phone: _ Staff Initials: Materials presented of pubpc meelMps shop become property of the City of Meridian. Memo To: Jaycee Holman; Tara Green ~/ [~~ From: Roxanne Holland, EIT, Staff Engineer I~YJ ~~`t~q CC: Becky Licari, Administrative Secretary Date: July 30, 2009 Re: Proposed Agenda Item forAugust 11, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 4 City Council agenda, under Consent Agenda, for Council's consideration: Agreement for Supplies/Equipment Procurement for Ferric Chloride Solution with Weschem, Inc. Ferric Chloride is used at the Wastewater Treatment Plant for odor control and to prevent the formation of struvite. Weschem, Inc. submitted a bid price of $0.24 per pound of ferric chloride solution, inclusive of shipping, delivery, and container return services. The WWTP anticipates using approximately 520,000 pounds ferric chloride solution over the ceurse of the agreement for a total not to exceed $125,000.00. The agreement will expire on July 20, 2010. The contract for the Ferric Chloride solution will be paid from the Wastewater Chemicals fund (351052015). Recommended Council Action: The Public Works Department recommends that the City Council approves Agreement for Supplies/ Equipment Procurement with Weschem, Inc. for a contract price of $0.24/Ib. of Ferric Chloride Solution and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 AGREEMENT FOR SUPPLIES /EQUIPMENT PROCURMENT THIS AGREEMENT FOR EQUIPMENT /SUPPLIES PROCUREMENT is made this 28`" of JULY, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and WESCHEM, INC, hereinafter referred to as "SUPPLIER", whose business address is P O BOX 4072, Boise, ID 83711. INTRODUCTION Whereas, the City has a need for services involving the procurement of FERRIC CHLORIDE SOLUTION; and WHEREAS, the Supplier is specially trained, experienced and competent to pertorm and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Equipment /Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment and/or supplies to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the document titled "Supply Specifications & Requirements" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 The Supplier shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Supplier represents and warrants that it will pertorm its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this FERRIC CHLORIDE SOLUTION PW-09-10079 - page 1 of 13 Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Supplier and any reports or opinions prepared or issued as part of the work performed by the Supplier under this Agreement, Supplier makes no other warranties, either express or implied, as part of this Agreement. 2. Consideration 2.1 The Supplier shall be compensated on a per pound basis (Not-To- Exceed $125,000.00) as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Supplier shall provide the City with a detailed monthly statement detailing all deliveries for the month, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Supplier under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Supplier. 2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Supplier shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) July 20, 2010 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Suppliers business. 3.2 Should Supplier default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Supplier. FERRIC CHLORIDE SOLUTION PW-09-10079 - page 2 of 13 3.3 Should City fail to pay Supplier all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Supplier, at the Supplier's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Supplier's business; or c. Death of Supplier 4. Termination: If, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the pertormance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. SUPPLIER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by SUPPLIER under this Agreement shall, at the option of the CITY, become its property, and SUPPLIER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. FERRIC CHLORIDE SOLUTION PW-09-10079 - page 3 of 13 Independent Supplier: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent supplier, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, Supplier has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Supplier, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent suppliers and not as employees of the City. 5.3 Supplier shall determine the method, details and means of performing the work and services to be provided by Supplier under this Agreement. Supplier shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Supplier in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Supplier, such persons shall be entirely and exclusively under the direction and supervision and control of the Supplier. 6. Indemnification and Insurance: SUPPLIER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law:. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER FERRIC CHLORIDE SOLUTION PW-09-10079 - page 4 of 13 covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Supplier or Supplier's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Supplier begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian. Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Supplier shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Supplier's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Supplier's insurance and shall not contribute with Supplier's insurance except as to the extent of City's negligence. The Supplier's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. FERRIC CHLORIDE SOLUTION PW-09-10079 - page 5 of 13 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Weschem, Inc Attn: Mark Plafcan 10625 Barnsdale Ct Boise, ID 83713 208-375-4001 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, SUPPLIER 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. FERRIC CHLORIDE SOLUTION PW-09-10079 - page 6 of 13 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Supplier shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Quantities: The quantity listed in Exhibit A are estimates only, based upon current known requirements, and not a guarantee to purchase and are subject to increase or decrease within the contract period. Any increase or decrease will be governed by the same terms and conditions of this Agreement. FERRIC CHLORIDE SOLUTION PW-09-10079 - page 7 of 13 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be this contract agreement, the Invitation for Bid document, and successful bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. FERRIC CHLORIDE SOLUTION PW-09-10079 - page 8 of 13 CITY OF MERIDIAN BY: '~ TAMMY e EERD, MAYOR Dated: 8' ~ 6/~- 0 9 Approved by City Cou Attest: JAYCE~.L. HOLMAN, Weschem, inc. BY: Dated: ~ I ~ 1 d q ~r a~`i \\1tiI t11H 11/lll I c? oc~ORVTFa ~' ~'- CITY CLLR ~ EAL~~ Approved as to Content ~=.,9~ ~T ~St ~ ~~P~~epartment Approval //l /IIIII11 Illl~y~a ',l,'/,, ~U~Y ny~1~` BY: s BY: ~- I L KEITH A , PUR ASINGAGENT NAME:~X~e-~hLla.~d Dated: S-~~ 09 TITLE: ~'~~ ~,IitGYIIn2C~' - Approved as to Form CITY ATTORNEY Dated: 1 • ~' ~/ _ page 9 of 13 FERRIC CHLORIDE SOLUTION Pw-o9-~oo~g Attachment A Supply Specifications & Requirements The City of Meridian, referred to herein as the City, has agreed to purchase aone-year supply of 38% ferric chloride solution that will be used for odor control and to control the formation of struvite. The ferric chloride solution furnished shall meet the specified terms and conditions herein: The ferric chloride solution shall meet the following requirements: Property Range Fe (III) 13.1 - 14.5% FeCls (AWWA Equivalent) 37 - 42% FeClz weight percent 0.5% Fe (II) < 0.25% Free HCI < 0 25% Sulfur as Sulfate 3 - 5% Water-Insoluble Matter < 0.1% Specific Gravity 1.3 - 1.5, 1.4 Avg. Barium < 1mg/kg Cadmium < 1 mg/kg Chromium < 50 mg/kg Copper < 50 mg/kg Lead < 5 mg/kg Nickel < 40 mg/kg Silver < 1 mg/kg Zinc < 100 mg/kg Magnesium < 100 mg/kg Molybdenum < 2 mg/kg Titanium < 50 mg/kg Antimony < 10 mg/kg Selenium < 10 mg/kg Mercury < 10 mg/kg Biological Contamination None 2. The ferric chloride product shall conform to the American Water Works Association (AWWA) standard for Liquid Ferric Chloride, 8407-05 except as supplemented in this specification. Failure to meet any aspect of this specification may result in refusal of individual deliveries and/or termination of Ferric Chloride purchase, independently, from the resultant contract. FERRIC CHLORIDE SOLUTION PW-09-10079 - page 10 of 13 3. Performance Requirements: i. Ferric Chloride shall not crystallize in storage ii. The Ferric Chloride product shall not cause any adverse effect on the condition of the filter media or chemical delivery systems that will adversely affect performance iii. The Ferric Chloride product shall be resistant to and free from biological contamination 4. The ferric chloride shall be an orange-brown, acidic, Corrosive aqueous solution. 5. Testing and verification methods shall be according to the current FerricChloride (AWWA) standard. 6. The supplier shall demonstrate compliance with the performance requirements herein. 7. Ferric chloride shall be delivered by the Supplier to the City of Meridian Wastewater Treatment Facility: 3401 N. Ten Mile Road, Meridian, Idaho 83646 All shipping and delivery charges shall be paid by the Supplier and are included in the base bid price. The Supplier shall submit a certificate of analysis (COA), with these specifications, with each delivery of ferric chloride. The COA shall contain • Weight percent FeCl3 • Specific Gravity • Percent weight of FeCIZ • Percent total iron • Free Acid as HCI • Metals content (provide quarterly analysis testing) 8. Deliveries shall be made within 7-10 days of the City's order and shall be made between 8:30 am and 3:30 pm, Monday -Friday, excluding holidays. 9. Shipments will be made in 5,000 gallon increments. The expected yearly usage is as follows: • 45,000 gallons • 511,000 lbs. based on 11.2 lbs. ferric per gallon The amounts are estimated and may increase or decrease over the term FERRIC CHLORIDE SOLUTION PW-09-10079 - page 11 of 13 of the Contract. 10. The prices in the bid dated June 16, 2009 and signed by Mark Plafcan shall not change for the term of the Contract. 11. The Contract will become effective upon approval by the City Council and shall continue for a period of one year, unless terminated under terms and conditions set forth in this Agreement. 12. The City reserves the right to discontinue the use of ferric chloride (and associated ferric chloride purchase) and to employ alternate methods of odor and struvite control. 13. The City reserves the right to extend the Contract based on the terms and conditions of the Invitation for Bid Document (PW-09-10079) and Specifications for up to three years from the date of expiration, provided such extension is mutually agreeable to both the City and the Supplier. 14. Seller must supply the City with atwenty-four (24) hour emergency phone number in the event of a chemical incident. The Seller must provide on- site facility assistance if requested and technical support within one (1) hour of notification by the City, if required. The name, address and phone number of the local representative, as specified on page 10 of bid package PW-09-10079 is: Don Bailey, 15573 Sequoia Way, Caldwell, ID 83607, 208-989-2682. 15. If the chemical delivered does not meet specifications and as a result, causes deterioration to City of Meridian owned equipment, the Supplier will be responsible for replacement of said equipment and the labor costs involved with any repairs. FERRIC CHLORIDE SOLUTION PW-09-10079 - page 12 of 13 Attachment B PAYMENT SCHEDULE TASK DESCRIPTION AMOUNT / LB Chemfloe 901 38% FERRIC CHLORIDE SOLUTION, A. per attached Specifications (Attachment A) Price 24 includes shipping, delivery and container return services. Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. FERRIC CHLORIDE SOLUTION PW-09-10079 - page 13 of 13 August 7, 2009 MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1,2009 APPLICANT ITEM NO. S-O REQUEST Resolution -Destruction of Temporary Recrods for Finance Department 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: Mat~rlals prosenMd of Pubtlc meetlnps ~Fratl become propedy of the CHy of Meridian. COMMENTS See aMaehed n~z~ ~~ ~'~ i~ ~~ CITY OF MERIDIAN RESOLUTION NO. O"(' ~0~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN RECORDS/DOCUMENTS WHICH MAY BE DEFINED IN IDAHO STATE CODE AS TEMPORARY RECORDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho State Code § 50-907 by resolution to destroy semi permanent and temporary records upon the advise of the City Attorney and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain records that may be destroyed pursuant to the Idaho State Code § 50-907(4) because time period for retention has expired; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize under the direction and supervision of the City Clerk, the destruction of the following temporary records defined by Idaho State Code § 50-907(3)(6): List of Records to be Destroyed - 7/31/2009 FINANCE: Year AP Vouchers AP Check Registers Cash Receipts Journal Entries GL detail reports AR receipts Payroll payables Cancelled checks Bank Statements MUBS: Sewer Average reports MUBS Shut off reports MUBS title assessments MUBS adjustments MUBS cash receipts Descdption FY2003-FY2004 includes: invoices or warrants, purchase orders, packing slips, check stubs FY1983-FY1998 old check registers that we are only required to keep 5 years FY2003-FY2004 includes: hand wdtten cash receipt forms, check stubs, or backup information FY2003-FY2004 includes: JE report and backup documentation FY1983-FY1999 includes: general ledger detail (must be kept 10 years) FY2002-FY2004 incudes: invoice copies and cash receipt copies FY2000-FY2001 includes: invoices, backup documentation and check stubs FY2003-FY2004 actual City canceled checks FY1990-FY1999 includes: the original bank statement and the City reconciliatlon forms FY2002-FY2004 reports of customer water usage to average the sewer monthly billings FV2003 reports of utility customers to be approved for shut off due to delinquent balances FY1997-FY2005 assessment requests made by title companies for final utility billings for City water customers FY2000-FY2004 backup papers for utility customer adjustments FY2004 cash receipts from utility customers RESOLUTION AUTHORIZING DESTRUCTION OF TEMPORARY RECORDS - 1 of 2 A copy of this Resolution shall be held on file in the Office of the City Clerk. Section 2. This Resolution shall be in full force and effective immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ ~ day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~~ of 2009. ATTEST• APPROVED: ~~. Mayor T m de Weerd unu By: Jaycee L. olman, City Clerk ,` ~ 2~~~r '9.V ~. a ` (S E A~i, ~y$EAL ~, '9p9 `~T ts~ ~~~ ; C `~ RESOLUTION AUTHORIZING DESTRUCTION OF TEMPORARY RECORDS - 2 of 2 August 7, 2009 MERIDIAN CITY COUNCIL MEETING August 11,2009 APPLICANT ITEM NO. S-P REQUEST Amendment No. 1 with Harvest Design for Heroes Park Phase 3 for $26,541.75 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEFT: 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: Emailed: COMMENTS Sow aMaetwd Date: Phone: _ Staff Initials: MaMrlala pns~nMd of pubNc rtM~Mnpt shah b~carn property of the CHy of Msddian. Memo To: Jaycee Holman; Tara Green; Kathy Wanner; Keith Watts From: Max Jensen, Capital Projects Manager CC: Steve Siddoway, Parks and Recreation Division Director Elroy Huff, Parks and Recreation Division Superintendent Date: 7/31/2009 Re: Proposed Agenda Item for August 11, 2009 City Council Meeting The Parks and Recreation Division respectfully requests the following item be placed on the August 11, 2009 City Council agenda, under Consent Agenda, for Council's consideration: - ---------~ ~- ~ -_~ •-•-• • • •--• •~..• .~....~ ~ ~ ,vi u ~c ~ ~c~~ca r a~n - rnaaC J I V CGl liUfISINC[IUn Attached is Amendment No. 1 with Harvest Design for City requested revisions to the original design scope. The revisions include 1) expanding the interpretive representation and information for the public 2) update project documents to include control schematics and drawings to assure the end product meets City standards and expectations 3) sewer main and sidewalk extension at Ten Mile Rd. The Amendment is for $26, 541.75. Recommended Council Action: The Parks and Recreation Division recommends that City Council approves and signs Change Order No. 1 with Harvest Design. Thank you for your consideration. Please contact me if you have any questions. • Page 1 AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES is made this day of , 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Harvest Design, P.C., hereinafter referred to as "CONSULTANT", whose business address is 2971 E. Copper Point Dr. Ste. 150, Meridian, Idaho 83642. INTRODUCTION The referenced Agreement for Professional services was entered into by and between the City and Consultant on the 16'~ day of December, 2008. TERMS AND CONDITIONS All terms and conditions of the Agreement for Professional Services apply. SCOPE OF AMENDMENT N0.1 Task 1 -Expand Interpretive Scope. 1.1 Consultant shall perform work requested by the City to expand the scope of the interpretive elements relating to the use of reclaimed water at the park. This scope includes the addition of 5 raised planter beds, researching and specifying native "water wise" plants that are drought tolerant, additional planter beds for interpretive information, landscape plan modifications, and irrigation plan modifications. Compensation shall not exceed $9,500.00. Task 2 -Extend Sewer Mainline and Sidewalk at Ten Mile Rd 2.1 Consultant shall perform work requested by the City relating to the extension of the sewer mainline and sidewalk on Ten Mile Rd. to the north property boundary of the improvements associated with the Agreement For Professional Services. This scope includes potholing to locate existing utilities, surveying, contract document modifications, sidewalk design, ACHD license agreement, easement legal descriptions, property line adjustment with north property owner, coordination with the Silverleaf Subdivision, and coordination with Settlers Irrigation. The extension of the sewer will allow the public restroom facility (in the proposed new maintenance facility) to gravity flow to the mainline. Compensation shall not exceed $9,317.00. Task 3 -Provide Monitoring and Control Schematics for the Reclaimed Water System 3.1 Consultant shall perform work requested by the City relating to providing monitoring and control schematics for the reclaimed water system. This information will provide parameters for construction to assure the quality of the finished product meets the City's standards and expectations. Compensation shall not exceed $1,573.00 HEROES PARK DESIGN_AMENDMENT NO. leg. 1 of 2 Task 4 -Print Documents for Bidding 4.1 Consultant shall print all project documents for the use in bidding. Compensation shall not exceed $6,151.75. CITY OF MERIDIAN BY: TAMMY de W ,MAYOR Dated: [~" ~ ~ ' Attest: HOLMAN, Approved as to Content BY: KEIT T CHASING AGENT Dated: ^] ' ~ ~ ' 0 Approved as to Form CITYATTORNEY~ ~51ae1 Approved by City Council: " (~ CONSULTANT {-}a,Y~ esf D esr~ BY: Dated: ~ - 3, ' O~ `\\``\\\\111111111111//. `\~~~y pF MEI~j0~.9 / j~~;. `~ ~L \'~'ORPORq l`~O ~'' .. ~:~9p ~T ist oP~`\~, 9 .,~ q~UNT`! 1 ~ Department Approval BY: NAME: ~~~ ~. Siddewa.~, TITLE: ~irec'~'a~ Dated: ~IS~Oh HEROES PARK DESIGN_AMENDMENT No. 1~g. 2 of 2 August 7, 2009 MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1,2009 APPLICANT ITEM NO. S'Q _ REQUEST Professional Services A< for Musical Talant for Concerts on with Meridian Orchestra AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CrrY 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: Emailed: COMMENTS See attached i \~ ~~ ~ / / \„ ~, ~~ ~\ Date: Phone: _ Staff Initials: MaNrials pnsenMd of pablic meeHrgs ~haq become properly of the CMy of Meridian. PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT -MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this ~ day of August, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"); the Meridian Downtown Business Association, Inc. a nonprofit corporation organized under the laws of the State of Idaho ("MDBA"); and the Meridian Community Orchestra, also known as the Meridian Symphony Orchestra, a nonprofit corporation organized under the laws of the State of Idaho ("MSO"). (City, MDBA, and MSO may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is assisting the Meridian Downtown Business Association in presenting Concerts on Broadway, a series of concerts to be held in the plaza during the summer; WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of the Meridian Symphony Orchestra, an orchestra specializing in the performance of classical and instrumental music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby aclmowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. MSO shall provide approximately forty-five (45) instrumental musicians to perform for the public approximately nine (9) classical and/or instrumental songs, from 6:30 p.m. to at least 8:00 p.m., on Saturday August 15, 2009, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho ("Venue"). MSO may take one fifteen-minute break during this time. B. Set-up. 1. Risers. MSO shall set up risers at the Venue between 2:00 p.m. and 5:30 p.m. on August 15, 2009. 2. Sound. MSO shall subcontract with Commtted Events, a limited liability company organized under the laws of the State of Idaho ("Committed Events") to provide a public address system and sound or amplification system at the venue. MSO and/or Committed Events shall set up the sound system at the Venue between 2:00 p.m. and 5:30 p.m. on August 15, 2009. 3. Completion time. All set-up, rehearsal, and/or sound checks shall be completed by 5:30 p.m. on Saturday, August 15, 2009. PROFESSIONAL SERVICES AGREEIv1E7V7'-MERIDIAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE t Of6 II. COMPENSATION. A. Total compensation. MDBA shall make total payment to MSO for services rendered pursuant to this Agreement in the total amount of one thousand one hundred dollars ($1,100.00), which total amount represents the payment of five hundred dollars ($500.00) for MSO's provision of musical talent, and six hundred dollars ($600.00) for Committed Events's subcontracted services, i.e. the provision and set up of the sound system at the Venue. This amount shall constitute full compensation for any and all services, costs, and expenses related to this Agreement. MSO and its subcontractor, respectively, shall be responsible for payment of any and all taxes on the amounts paid under this Agreement. B. Cancellation of event. If MSO is present and prepared to perform at the time, date, and place, and in accordance with the teens set forth herein, MDBA shall pay MSO in the total amount set forth herein, even if the event is cancelled due to inclement weather or other unforeseen events not caused by MSO. Any decision regarding whether to cancel MSO's performance shall be made no earlier than 6:00 p.m. on August I5, 2009. C. Method of payments. MSO shall provide MDBA with an invoice for services rendered pursuant to this Agreement, which MDBA shall pay within fourteen (14) days of receipt thereof. III.VENUE A. Plaza. MSO acknowledges that the Venue, the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho, is an outdoor, open, public venue. MSO and Committed Events shall be solely responsible for any and all measures necessary to protect their respective equipment, instruments, and performers from damage or injury due to weather and any and all other conditions that do or may exist. B. Public venue. MSO acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, MSO shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. MSO's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. MSO shall comply with, and shall ensure Committed Events's compliance with, all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department and any and all requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and properly. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, MSO's performance for educational and public information purposes, but City shall not undertake such recording activities for commercial purposes. City shall make a verbal anncuncement prior to the performance requesting that members of the public attending the concert not to take photographs or make recordings but City shall not be responsible for the actions of persons who are not under its PROFESSIONAL SERVICES AGREEMENT-MERIDIAN SYMPHONY ORCHESTRA, CGNCERT$ ON BROADWAY PAGE 2 Of 6 employment or control. E. Merchandising. MSO shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that MSO voluntarily donate to the Arts Commission twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event. IV. TERMS AND CONDITIONS A. Time of the essence. MSO acknowledges that the services it provides, and the services Committed Events provides under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. 1. Promotion by MDBA. MDBA shall promote MSO's performance in community media and event calendars as available and appropriate. 2. Promotion by City. City shall promote MSO's performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Pazks 8c Recreation Department Activity Guide, and local media and event calendazs. 3. Promotion by MSO. MSO may undertake additional promotional activities at its own expense and effort, subject only to the limitations set forth herein. MDBA and City, respectively, hereby convey to MSO permission to use MDBA's and City's respective names in all forms and media and in all manners, without violation of MDBA's of City's respective rights of privacy or any other rights MDBA or City may possess in connection with their respective roles in the production of Concerts on Broadway, except that MSO may not use MDBA's logo in any manner whatsoever without the express, written consent of the MDBA president, and MSO may not use City's logo in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. MSO shall not subcontract or assign any of its obligations under this Agreement that are related to or that may relate to MSO's artistic talent or expertise. MSO may subcontract or assign obligations that do not require its artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of equipment and/or instruments. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. PROFESSIONAL SERVICES AGREEMENT -MERIDIAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE 3 OP6 E. Indemnification. MSO shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by MSO, its performers, assistants, servants, agents, employees, guests, subcontractors, and/or business invitees, in connection with this Agreement or activities related thereto. F. Waiver. MSO and its performers, assistants, servants, agents, employees, guests, subcontractors, and/or business invitees shall waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to MSO's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of wncurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. MSO is an independent contractor and is not an employee, agent, joint venturer, or partner of MDBA or City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between MSO and MDBA or City or between MSO and any official, agent, or employee of MDBA or City. MSO shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, MSO shall comply with any and all applicable federal, state, and local laws. I. Non-Discrimination. Throughout the course of this Agreement, MSO shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. I{. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the PROFESSIONAL SERVICES AGREEMENT-MERE)IAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE 4 of 6 exercise of any remedy provided for herein or allowed by Iaw shall not be to the exclusion of any other remedy. N. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement of any part or parts of this Agreement. O. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. P. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Q. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Citv: City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208) 898-5506 E-mail: ekane@meridiancity.org MDBA: Meridian Downtown Business Association James Fullinwider, President P.O. Box 650 Meridian, Idaho 83680 Phone: (208) 888-1465 E-mail: jamesf@aaillacom MSO: Meridian Symphony Orchestra Tom Phelps, Conductor and Artistic Director P.O. Box 1016 Meridian, Idaho 83680 Phone: (208) 327-0049 PROFESSIONAL SERVICES AGREEWffiN'r - MEREJIAM SYb1PHONY ORCHESTRA, CONCERT'S ON BROADWAY PAGE 5 Of 6 Any party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~ day of August, 2009. MERIDIAN SYMPHONY ORCHESTRA: D id Stolhand STATE OF Idaho ss: County of ~ ) I HEREBY CERTIFY that on this ~ day of 2009, before the undersigned, a Notary Public in~ 'thhh-~ State of Idaho, personally appeared David Stolhand, lmown to me to be the person who executed the said instrument, and aclmawledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate fast above written. Notary Pubfic fv~Idah Residing at 35cst S.C .Idaho My Commission Expires: 3 -~ 3- ~~ MERIDIAN ~ ss: County of ~~ ) I HEREBY CERTIFY that on this (~ day of 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared Jamea Fullinwider, lmown to me to be the person who executed the said instnmrent, and aclmowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereumo set my hand and affixed my official seal, the day and year in this certificate fast above written. Residing at ! -R~- Idaho My Commission xpires: CITY OF MERIDIAN: BY: BUSINESS ASSOCIATION: STATE OF Idaho PROFESSIONAL SERVICES AGREEINFdd"I'- August 7, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1,2009 APPLICANT Mayor's Office ITEM NO. 6-A-~ REQUEST Resolution -- Reappointment of Tammy de Weerd Seat 5 and Craig Slocum Seat 3 to Meridian Development Coproration 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: Emailed: COMMENTS See alFached ~; x ~O ~~ Date: Phone: _ Staff Initials: MaFerials presenhtd of pubilc meeflnps shall become property of Ihs CIFy of Meddfan. CITY OF MERIDIAN RESOLUTION NO. ~'7 ' (D~U BY THE CITY COUNCIL: BIRD, HOAGLUN. ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING TAMMY DE WEERD TO SEAT 5 AND CRAIG SLOCUM TO SEAT 3 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation has been established by actions of the City Council of the City of Meridian pursuant to the Idaho State Code as the Redevelopment Agency for the City of Meridian; and WHEREAS, that action further established its members and terms of their appointments; and WHEREAS, Tammy de Weerd was reappointed in August of 2006 fora 3 year term for Seat 5 and Craig Slocum was reappointed in August 2006 to a 3 year term for Seat 3; WHEREAS, Tammy de Weerd may be reappointed to a 3 year term for Seat 5 and Craig Slocum maybe reappointed to a 3 year term for Seat 3; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective reappointment of Board Members Tammy de Weerd and Craig Slocum as recommended described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Tammy de Weerd shall be reappointed to Seat 5 of the Meridian Development Corporation, which term shall run through August, 2012. Section 2. That, effective immediately, Craig Slocum shall be appointed to Seat 3 of the Meridian Development Corporation, which term shall run through August, 2012. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION REAPPOMTMG DE WEERD AND SLOCUM TO MDC -PAGE 1 OF 2 ADOPTED by the City Council of the City of Meridian, Idaho, this ~' day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~ ~ of 2009. APPROVED: /~~.~ ,,,,,,,,,,,, , ~~r~ ~ yq~' Ta y de Weerd ATTEST: ~,\`vI C~o~to~q'L ~~~, By: _ Jayce .Holman, City Clem REAL ,~ ~~ ~i 'O GIST iS'(., ~O . ,'~~'''~~imii n~IN~A~`\` RESOLUTION REAPPOINTING DE WEERD AND SLOCUM TO MDC -PAGE 2 OF 2 August 7, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1, 2009 APPLICANT City Council President ITEM NO. 6-8-~ REQUEST MDC /City Masonic Lodge Parking Lot Maintenance 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 ~ i CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEffLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materlab Presented d Publie meNinps shill become ProPerh' °} N» CNy of MsrieSan. August 7, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1,2009 APPLICANT Planning Department ITEM NO. 6-C-1 REQUEST Discussion on One Year Requirement to 6ccecute Development 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: Emailed: COMMENTS ~~ altaehed Date: Phone: _ Staff Initials: Maf~rWb Pns~r~fed of pub8c m~eHnps shatl b~com~ ProW~Y of tl» CNy of M~ddWn. Page 1 of 1 Tara Green From: Peter Friedman Sent: Tuesday, August 04, 2009 4:03 PM To: Tara Green Subject: FW: Agenda Item -August 11 Council Meeting Flag Status: Green Attachments: Ballardletter.pdf Tara, Forgot to send this to you. Sorry! Pete Pete Friedman, AICP Deputy Planning Director 33 E. Broadway Ave. Meridian, ID 83642 phone (208)884-5533 fax (208)489-0576 From: Peter Friedman Sent: Tuesday, August 04, 2009 3:26 PM To: 'Charles Rountree'; 'Charlie Rountree'; Jaycee Holman; Bill Nary Cc: Anna Canning Subject: Agenda Item -August 11 Council Meeting To All, In the last two weeks we have been approached twice regarding the one year requirement to execute development agreements. In at least one case, the developer wants to abide by the conditions, but simply needs more time. Staff explained that we are not authorized to administratively extend the agreements. We wish to discuss this with Council under Department Reports and obtain some direction. The attached letter does a good job of explaining the situation. Thanks Pete Pete Friedman, AICP Deputy Planning Director 33 E. Broadway Ave. Meridian, ID 83642 phone (208)884-5533 fax (208)489-0576 8/7/2009 HALEY A1"TORNEYS AND COUNSELORS TROXELL Hawley Troxell ErmLs dr Hawley LLP 877 Main Street, Suite 11100 P.O. Box 1617 Boise, Idaho 83701-1617 208.344.6000 www.haw leyhoxell.com BRIAN L. BAn.ARD ADM1TfED TO PRACr1CE LA W IN IDAHO bba8ard4Nuwtcytroxea.<om DIRECT DIAL 71)8388.4868 DIRECT EAx: 7D8.954.51Ai July 28, 2009 Anna Canning Planning Director 33 E Broadway Ave. Suite 210 Meridian, Idaho 83642 Re: Shops at Victory: AZ-08-007; PP-08-006; CUP-08-011; ALT-OS-012 SEC Victory & Eagle, Meridian, Idaho Dear Anna: Thank you for meeting with me and Megan O'Dowd, my summer intern, on July 27, 2009. And thanks also to Sonya Wafters and Pete Friedman for attending. As 1 mentioned in our meeting, this firm represents DMG Real Estate Partners, LLC ("DMG"), as the Developer, and the members of DMG are Greg Goins and Dave McKinney. 1 am writing this letter primarily to set forth a request for an extension of time under Meridian City Code § 11-SB-3D(2) which provides that the "development agreement shall be signed by the property owner and returned to the city within one yeaz of the city council granting annexation and/or rezone." As we discussed, there appears to be no particular procedure for requesting an extension of the time period within which a DA is to be signed after city council approval. Whereas there is some provision in other City code sections (e.g., for a CUP), under which an automatic extension of up to 18 months might be given administratively, there is simply no corresponding provision for the extension requested in this letter. Circumstances prompting this request are: (i) the overall economy; (ii) the overall delay in key tenant development timing; (iii) a pending lawsuit affecting the subject property current ownership, with a lis pendens (lien) recorded, which creates a cloud upon title; (iv) the difficulties presented in meeting a DA provision requiring a recorded ROS prior to approval of the annexation ordinance, and (v) the additional costs attendant to filing a petition as would be done in, for example, a request to amend an already signed DA. ones ~oor.Ieovsoa.z Anna Canning July 28, 2009 Page 2 It would appear, following our discussion, that all of the foregoing circumstances may be resolvable. It might even be that there is enough timc availahle under the current dcadlinc to pursue one of the following: I . Present this request to the City Council, following a check with the City's Attorney's office, to see if the extension might properly be given either administratively or by the City Council, upon petition, but without the need to follow the formal procedures as would be necessary, for example, if this were a request for a DA modification. The points in favor of this approach include that this is more in the nature of a ministerial action, as the DA has not been signed and no modification of the DA is requested. It is just a request for an extension of time within which to return a signed DA. 2. AIIow this letter to act as a pending request, with a "stand still" until your office is able to complete an revision to the Code, to address the issue, and allow for an administrative approval of this kind of extension request, and~'or to otherwise address the lack of a procedure for making an extension request. CeRainly, if it is within the discretion of the Ci[y Council as to when to give notice that the period Cor signature of a DA is about to expire before there will be an actual expiration, it may also be that there is discretion to not give such a notice pending an amendment to the Code which will establish a procedure for making such a request. 3. Follow a procedure essentially the same as would be followed for a DA modification, with the understanding that no modification is actually sought, and that the terms and conditions of the DA are not at issue. Rather, the only thing at issue would be a request for an extension of time within which the DA needs to be signed and returned. 1 look forward to our follow up discussion following your receipt hereof. Thank you again for your courtesy in meeting with us. Very truly yours, WLEY TROXELL ENNIS & HAWLEY LLP L. 62795 OOOT.1609503 2 Anna Cunning July 26, 2009 Page 3 Developer and Owner Consents: DMG REAL ESTATE PARTNERS, LLC, an Idaho limited liability company AXELROD LIVING TRUST U1TlA DATED 9/4/1986 AND A / 006 By: LDM Reat Estate Services, LLC By. Charles D. Axelrod, en Idaho limited liability company Manager and Member Trustee ay: ~i-~+%~~° L. David McKinney Member By: Goins Development Co., LLC, an Idaho limited liability company Membe~r -~~ Y R. Greg Goins Member .zrue.aooi.~saoeoaz August 7, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1,2009 APPLICANT Planning Department /Parks Department ITEM NO. 6-D-1 REQUEST Discussion of landscaping Associated with Transportation Projects AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~' CITY BUILDING DEPT: ,' ,' CITY WATER DEPT: V 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: Materiab presented at public meetinya (hall become properly of the Ciy of Meddbn. August 7, 2009 MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1,2009 APPLICANT ITEM NO. S REQUEST Public Hearing: Consider the Proposed Conveyance to the Ada County Highway District a Portion of City-owned Real Property Located at 303 N. Ten Mlle Road for Right of Way Purposes 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: SETFLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See alFached Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented of public meetings shall becane properly of ihs Cify of Ms~ddlan. CITY OF MERIDIAN RESOLUTION NO. l J! - L75 BY THE CITY COUNCIL: BIIZD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO CONVYEY TO THE ADA COUNTY HIGHWAY DISTRICT CERTAIN REAL PROPERTY LOCATED AT 303 NORTH TEN MILE ROAD, A PORTION OF ADA COUNTY PARCEL NUMBER S1210449020 LOCATED IN THE SE'/+ OF THE SE '/s OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY IDAHO; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or min;mum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS, the declaration maybe in the form of an explanation of an intended exchange or conveyance for other than monetary consideration; and, WHEREAS, when it is detemtined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit, with or without consideration; and, WHEREAS, the Ada County Highway District has requested that the City Council of the City of Meridian set a hearing to consider the transfer of certain real property from the City to the District for right-of--way purposes; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the city council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to convey to the Ada County Highway District certain real property located at 303 North Ten Mile Road Resolution Declaring Intent to Convey Real Property - page 1 of 3 in the City of Meridian and legally described on Exhibit "A" attached hereto and incorporated herein. Section 2. That the City of Meridian hereby declares its intention to wnvey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property fot right-of--way purposes. SeMion 3. That the City Clerk is hereby instructed to publish a summary of this declaration if intent and establish a public hearing date to review the proposal to convey the real property. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code 50.1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. r ' .ADOPTED by the City Council of Meridian, Idaho, this ~ 4 day of 2009. ~~~ by the Mayor of the City of Meridian, Idaho, this ~r ay of 2009. APPROVED: /°'//~~N MAYOR "p„nuuu~lp, ATTEST: ``\ o~~y pF p,~~„ ,,~'%, ~o ~• CITY CL = EAL _ Q, Resolution Declaring Intent to Convey Real Property - page 2 of 3 Exhibit A {honer of Record: City of Meridian Pttrcel; No. {51210449D20) AC7-lD Project: Ten Mile Road (Franklin to Cherry) Project Na.: 504003 Rigtlt-of--Way Talce Description - Farrel 9 A parcel of land located in the SE114 of Section ! 0, Township 3 North, Range 1 West. Noise Meridian, Ada County, Idaho, said desci4ption being a portion of that parcel as described by Pioneer Title Company in Commitment for Title Insurance, Order No. 299636, 5chedulc A and also as shown on Record of Stuvey No. 8218, filed as instrument number 1080!6231, records ofAda County, Idaho, being none particularly described as fo)laws: Commencing at a brass cap marking the southeast comer of the SEll4 of said Section ! 0 from which a brass cap marking the northeast comer of said SE 1!4 bears N 0°52'05" E, 2646.36 fcet, thence N 0°52'05" E, 946.83 fcet along the east boundary of said SE1 /4 to a point being the southeast comer of said parcel, said point also being the REAL POINT OF BEGINNING. Thence continuing A 0°52'05" E, 150.00 feet along the east boundary to the northeast corner of said parcel; Thence leaving said east boundary N 88°26'5 [" W, 48.00 feet along the north boundary of said parcel to a point; Thence S 0°52'05° W, 150.00 fast to a point on the south boundary of said parcel; Thence S 88°26'51"E. 48.00 fcet along said south boundary to the Real Point of Beginning. Said described parcel contains 7,187 square feet (0.17 aches) and includes 3,750 square feet (0.09 acres) of prescriptive right-of--way and is subject to easemenm of recorcl or in use. This legal description was prepared by the ACHb Stttvoy Section from record date and field surveys. .•--~ Resolution Declaring Intent to Convey Real Property - page 3 of 3 NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public heazing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, August 11, 2009, for the purpose of reviewing and considering the conveyance of property located at 303 North Ten Mile Road in the City of Meridian, a portion of Ada County Parcel Number S 1210449020 located in the SE '/ of the SE '/ of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho. The proposed transaction would convey a portion of the real property to the Ada County Highway District for right-of--way purposes. For further information, please wntact the City Clerks Office at 888-4433. DATED this 23rd day of July, 2009. Publish Dates: 27a' of July and 3'a of August, 2009 ~, _ty ~1~AL '0,9'• T tst • 1~~.~ :~',/ COUP `OP\\\\ BEFORE THE MERIDIAN CITY COUNCIL DECLARATION OF INTENT TO TRANSFER OR CONVEY REAL PROPERTY NOTICE OF SUMMARY OF ACTION TAKEN BY MERIDIAN CITY COUNCIL On the 14th day of July, 2009, the Meridian City Council, in open session, approved a declaration of intent to convey /transfer to Ada County Highway District certain real property located at 303 North Ten Mile Road in the City of Meridian, a portion of Ada County Parcel Number S 12104490201ocated in the SE '/ of the SE '/< of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho. The public hearing regarding the proposed conveyance /transfer shall be held at 7:00 p.m. on Tuesday, August 11, 2009, at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. By action of the City Council at its regular meeting held on the 14th day of July, 2009. ROLL CALL: COUNCILMAN DAVID ZAREMBA VOTED YEA COUNCILMAN BRAD HOAGLUN VOTED YEA COINCILMAN CHARLIE ROUNTREE VOTED YEA COUNCILMAN KEITH BIRD VOTED YEA MAYOR TAMMY de WEERD (tie breaker)VOTED Notice of Public Hearing was ~µh1ishued to notify the public and copy served upon the Planning Department, Pub ' ~'~kbtl~~f4rpent and the Attorney's Office. '~ '9.y %= B1': rFO DATED: 1 •23'y"1 cee lman -amity Clerk = SEAL __ Publish date: July 27,200 ~ ~`' . 9~ '~Sr ts'~ •, P,2Q ~: '^~° q COUNTY . ~~, .~: CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 11, 2009 ITEM # $ PROJECT NUMBER PROJECT NAME Public Hearing -Conveyance of Property to ACHD PLEASE PRINT NAME FOR AGAINST NEUTRAL T-. R E °. AUG 1 t 2009 CITY OF August 7, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT August 11,2009 ITEM NO. 9 REQUEST Public Hearing -Consider the Proposed Trade of a .09 acres portion of city-owned real property at 3064 West Malta Drive (Heroes Park) for real __.......+., „F e,., ,,,~ ,,,,~, ~o +„ .,~~~I~IP rlPPded oathwav access 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: MaMriab PnsoMed al pubNe ms~Hnys shah Wcom~ ProP~Y d M~ CHy of Meridian. COMMENTS Sty aNach~d NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, August 11, 2009, for the purpose ofreviewing and considering the proposed exchange of real property located at 3064 West Malta Road in the City of Meridian, legally described as a portion of Lot 04 of Block 38 of the Lochsa Falls Subdivision No 09 (at Heroes Park). The proposed transaction would exchange the City-owned parcel for a parcel of equal value to gain deeded pathway access between the northwest border of Heroes Park and North Ten Mile Road. For further information, please contact the City Clerks Office at 888-4433. DATED this 23rd day of July, 2009. Jaycee Publish Dates: 27a` of July and 3'~ of August, 2009 `o`° pF MERj ''% o C itty e~Cl~c,~ ~~ ' O ~uSi tsz ~``` 7 ,, ,q `~Q, `~. °~~ AUNTY ~•~` BEFORE THE MERIDIAN CITY COUNCIL DECLARATION OF INTENT TO OFFER REAL PROPERTY FOR EXCHANGE NOTICE OF SUMMARY OF ACTION TAKEN BY MERIDIAN CITY COUNCIL On the 14th day of July, 2009, the Meridian City Council, in open session, approved a declaration of intent to offer for exchange certain real property located at 3064 West Malta Drive in the City of Meridian, legally described as a portion of Lot 04 of Block 38 of the Lochsa Falls Subdivision No 09 (at Heroes Pazk) to gain deeded pathway access between the northwest border of Heroes Park and North Ten Mile Road . The public hearing regarding the proposed conveyance /transfer shall be held at 7:00 p.m. on Tuesday, August 11, 2009, at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. By action of the City Council at its regulaz meeting held on the 14th day of July, 2009. ROLL CALL: COUNCILMAN DAVID ZAREMBA VOTED YEA COUNCILMAN BRAD HOAGLUN VOTED YEA COINCILMAN CHARLIE ROUNTREE VOTED YEA COUNCILMAN KEITH BIRD VOTED YEA MAYOR TAMMY de WEERD (tie breaker)VOTED Notice of Public Hearing ~ ~11~j~'~gtify the public and copy served upon the Planning Department, Pu6J~~~Qri`61tt and the Attorney's Office. BY: Publish Date : 27`h of J ~~ ~" r rs~ • Q, cOUtJTY , ~~.~`~`: DATED: ~ ' 23 -~~ CITY OF MERIDIAN RESOLUTION NO. ~ - (e~ (e BY THE CITY COUNCII.: BII2D, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO OFFER FOR EXCHANGE CERTAIN REAL PROPERTY LOCATED AT 3064 WEST MALTA DRIVE IN THE CITY OF MERIDIAN AND LEGALLY DESCRII3ED AS A PORTION OF LOT 04 OF BLOCK 38 OF THE LOCHSA FALLS SUBDIVISION NO 09 (AT HEROES PARK) TO GAIN DEEDED PATHWAY ACCESS BETWEEN THE NORTHWEST BORDER OF HEROES PARK AND NORTH TEN MILE ROAD; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED EXCHANGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to exchange any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth an explanation of the intended exchange; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that the property be offered for exchange, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, exchange any city-owned real property for real property of equal value pursuant to terms which shall be a matter of public n~ord; and, WHEREAS, the proposed transaction would exchange an unused .09 acre porkion of the city-owned Heroes Park for property of equal value, to wit: a .15 acre parcel of privately owned property to provide pathway access between the northwest boundary of Heroes Park and North Ten Mile Road; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the city council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing; and, NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CTTY OF MERIDIAN CITY, IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to offer for exchange certain real property located at 3064 West Malta Drive is the City of Meridian and legally described and depicted on Exhibits "A" and "B" respectively, attached hereto and Resolution Declaring Intent to Exchange Real Property - page 1 of 6 incorporated herein, for a lot of equai value, to wit: a portion of real property located at 5850 North Ten Mile Road in the City of Meridian and legally described and depicted on Exhibits "C" and "D" respectively, attached hereto and incorporated herein. Section 2. That the City Clerk is hereby instructed to publish a stunmary of this declaration if intent and establish a public hearing date to review the proposal to exchange the real property. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of Meridian, Idaho, this ~ U day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this 1U day of 2009. APPROVED: ~il/~ MAYOR ,• ~'1 •, ATTEST: ~ ~ ~~, 0 ~- SEAL "s CITY RK ; ' ~ ~~~ Resolution Declaring Intent to Exchange Real Property - page 2 of 6 Date: 7/7/09 Bxhibil `.~•, Project No.: 211 lotsted in the SW1/4 of the NW"1/4 of SecHos- 26, T. 4 N., R 1 W, BM, Ada County,Idaho, betngnwa~e ParHciilarlp' deeadbed es ftallows: at Hie west 1/4 corner of said Sectlort 2f, a fou¢td 5/8 inchreber, C.P.drF., iris[: No. 991.]3293, corner records of said Ada County; Thence a bearhg of N 00°.20'42" $ a die~rice of 660.03 feet; anHve westboundmy of ee}dSecHan26, to a paht~ finniwldch afouad 5/8 indireber marking Hie sotrHiwest amaer of 9ilverleaf ~bd[vlstai Na 1. Book 93, pages 11103-11105, P~ retards of said Ada Coniriy, bears N 00°20'42" $ a dlaMmce of ~!% feel;ll~et¢e a bearhig of S 89°07°59" $ a distance of 24.98 feeq to n found 5/8 inch rebar an the east riglway bound of NorHt Ten IvEke Rand, maddrig the southw~tcamer of aparaei ofland desca'bed by deed tile[ No. 341597; Thence a bearing of S 89°07'59" $ a dlstaz-te of 13,02 feet on Hie ~~ ~~, ~ said pat,oal of land described b9 deed That No. 341397, to a point an said east rlgbi~way y of 1VorHr Ten IvHle ktoad, avid pointbearg the TRIJSPOIIITT OF 53BGAVNING of said eaeenuart: Thence a bemirig ofS 89°0759" $ a distance of25533 Seek, ast said soaihboimdary of a para+l of Land descrII~ed by deed 1~ No. 347397, to a fonnd 5/8 inch rebar, being the aouH-east ooa~ of said parcel of Land deacxibed by deed ~ No. 341397; 11iertoe a beamtrg of 3 000'25" W, a distance of 20.62 ~k am fhe souflredy extension of the Est botutdery of said parcel of land desm'bed i'y dew kiist No. 341.997, ip a ptiirb Thence a beefing of N 87°0(749' W, a distance of 253.57 feet to a paint on said asst rtglrt-of--way boandary ouF Na~rBr Ten idile Road; Thervie a bearurg of N 00°21Y42" $, a distance ~ 1L54 Seat on said es~ ~ bO~9 ~ Narflt Ten IvHtelioad, bo Hroe POIATP OFBBGINNIIITG. ~cs0.~Jacaps,awa+eorleae. Resolution Declaring Intent to Exchange Real Properly - page 3 of 6 w ~I ~~ ~y ~3~3~~~ ~~~~~~~ 1i°04ti ~~~ y ~~~ II 6 ~~ b l i 8 ~~. ~, ~.. ; ; ~,: ,y ~ •:. ~`~~ ~ ,,~ ~~ a~.! §~ ~ ~°+ ,~ ~~-:. ~~. ., ,:: C~ ti~ e ~: . „~ , g-;. ~ ?C'OZd .iP77IA' N.~.t H.L2fON .o~resi _ ,woro~e-ae~ez ~ar,~ozavuu euuevasm ove 4 ~Fggp ~SQ~~ 4o~I ~~ ~~~~~ ~~~ ~ ~ ~~~~~ Y ~~ ~~ ~~ ~- 3,nozaoH-J~ ~ --- ~~~ '~-•~ f° ,~~~~E ~~ ~~~ ~~ ~ ~~ [+ +~ a~ ~! I j~ Resolution Declaring Intent to Exclumge Real Property - page 4 oF6 Date 2/9/09 Bxhibit~t ~ ~~ Project No.: 2411 _ located in ~ SWl/4 of the NW1/4 of Section 2ti, T.4 N., R.1 W., B.M., Ada County, Idaho, 6eittg the rtorflterly 25 feat of a paroet of Iartd dea=ibed by 4~daim Deed lrtet No. 341397, deed recotds of said Ada County, being morn pertlcnlmty described as follows: Comme~ndrtg at west 2/4 corrws of said Section 26, a found 5/8 intfi rehar, C.P.~xF., Inst No. 99113293, ccrr~er retards of said Ada County; Thence a bearing of N 00°20'42" E, a dismt>oe of 957.99 fleet, on the west bocatdary of said 3ectioat 26, m a fotund 5/8 inch tebar, being flue satthwestcanier of Sa7vetleafSubdiv3aion No. 1, Book 93, pages 11109-11205, platreecads of said Ada Cottrtiy, and the nortttweet cmiter at said parcel of land dt~albed by Qtritclaint Deed bust No. 341397, deed records of add Ada County; Thettoe a bearing a~f S 89°08'38" B, a distance of 25.00 feet an the south bonndary of acid SBverieaf Subdivisiaa-No. 1, m a polttt at the east rigttfy oiiway boundary of Naalh Ten 1461e Road, 6eag tine T1iUB POII9'I' OF BEC;IIVIVIIHG of aa~ easm~ent Thenre a bearing of S 89°x'38" $ a dblat~ of 268.90 faey on said souflt boundary of St3ved~fSttbdtvision No. 1, m a found 5/8 inch rebar, being fire ttarflreast mraer of said parcel of land described by Qtuttiaim Deed htst No. 341397; Thence a bearhtg of S 00°20'29" W, a dielauuce of 25.E feew on flte east boundary of Baia parcel of land desm'bed b9 4oildtdm Deed htst No. 341397, m a paittq Thatce a bearing of N 89°08"38" W, a disfattce ~26&32leet m a pointcat said east rigfiGof~vay bouttdary of Nerflt Ten Mile Road; Theme a bearing of N 00°ZO'54" E, a dietat,ce of 25m beet on said east right~way bavtulaty of Nosfli Tan Mfle Road, m the Foinvr OFBHGAVNIIQG. Said described ~ ~rttaine 0.15 ataee, afore arIess. Resolution Declaring Intent to Exchange Real Property - page 5 of 6 . i ~~ f ~ ~ §~8~~~~9i p ~ 1$ '~ o~ • I . 1 ~ ~~~ ~ s I1. I ~~ a a,aoaoos ~ ~ ~ > w ~ ~ ~ ~ 1 .. ~ bd ~ ~ ~~~~ ~; ~~"~ ~; ~ ~ ~ as ~.,~, -- ,~ -_ '- ~ --- ~~ ~ ~ i a~ ~~ ~~~~ ~~ a ~3 Sy ' a~s~p ~3 w ~~~~~ ~ ~~f s ~~~ ~ ~~~~~g~ ~ ;j~1 ~ t~s~s~~ f~i !~! ~~~ ~ Resolution D~laring Intent to Exchange Real Properly - page 6 of 6 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 11, 2009 ITEM # 9 PROJECT NUMBER PROJECT NAME Public Hearing -Trade of City Owned Property PLEASE PRINT NAME ~ FOR ~ AGAINST NEUTRAL ~ E C ~~ AUG 1 12009 CITY OF August 7, 2009 MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1, 2009 APPLICANT ITEM NO. ~O REQUEST Ordinance -Revision of Disorderly Conduct Provisions Regarding Begging or Soliciting Alms 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: AOA 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: Maleriab pnseMed al public meeMrps shag become properly o} IM CNy of Meddhn. COMMENTS See allached ~ q ~~a~ 6~ o CTI'Y OF MERIDIAN ORDINANCE NO. D I - ~ ~(a'i BY THE CITY COUNCIL: BIItD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 2 OF THE MERIDIAN CITY CODE, REGARDING DISORDERLY CONDUCT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Idaho Supreme Court has held that criminalizing spoken words, including profane, abusive, and obscene speech is an unconstitutional abridgement of free speech (State v. Poe, 139 Idaho 885 (2004)); WHEREAS, though an outright prohibition of begging may be unconstitutional, the regulation of begging is constitutionally pemtissible, so long as such regulation is narrowly tailored and serves a significant government interest (e.g., Gresham v. Peterson, 225 F.3d 899 (7th Cir. 2000)), and the relevant provision set forth herein is narrowly tailored in that it limits the prohibition of begging to times and places where citizens would feel most vulnerable and insecure in their surroundings, and serves the City's significant interest in protecting citizens from aggressive or threatening behavior in vulnerable situations or locations; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 6, Chapter 3, of the Meridian City Code is amended to read as follows: 6-3-2: DISORDERLY CONDUCT: A. Qualifying Behavior: It shall be a violation of this section for anv~y person to ~vhe-shall conduct himself or herself ~e~.selves in a violent, noisy, or riotous manner, aedler-she-skell or in any way which wmmits a breach of the peace of another person(s), and/or to wke-shall conduct himself or herself themselves in a manner that endangers the health and safety of another persons , and a violation of this section. shall also include, but shall not be limited to, the following: 1. Accosting other persons b~_for the purpose of begging or soliciting ahns,~ 2. Occupying, lodging or sleeping in any building, structure or place, whether public or private, or any automobile, truck, railroad car ar other similar vehicles or equipment without the permission of the owner or person entitled to the possession or in control thereof. DrsoxnEter.Y Coivoucr Onnnvavice AMENDMENT PncE 1 of 3 3. Using any motor vehicle, motor home, travel trailer, as a residence upon any public street (highway) and/or alley way or upon any other premises under the ownership and/or control of a government subdivision of the state. 4. Loitering, prowling or wandering upon the private property of another, without lawful business, permission or invitation by the owner or the lawful occupants thereof; eF 5. Loitering or remaining in or about school grounds or buildings, without having any reason or relationship involving custody of or responsibility for a pupil or student, school authorized functions, activities or use. 6. Wilfully fleeing or attempting to elude a peace officer after being lawfully ordered to stop by an identified peace officer. B. Misdemeanor: Any person violating this section shall be guilty of a misdemeanor. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. PASSED by the 2009. APPROVED by 2009. A City Council of the City of Meridian, Idaho, this ~/ day of the Msyor of the City of Meridian, Idaho, this ~ dsy of ``````"`~„uu~unp,~ OF ,c?~ ,.o~tr~ CITY CdiERI~ z ~ DISORDERLY CONDUCE ORDINANCE AMENDMENT PAGE 2 OF 3 August 7, 2009 RZ 09-001 MERIDIAN CITY COUNCIL MEETING AUgUSt 1 1,2009 APPLICANT City of Meridian Planning Department ITEM NO. ~ ~ REQUEST Ordinance -Dove Meadows Subdivision 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: Emailed: COMMENTS See alfached ~~~'~a~ 6`~ ~ Date: Phone: _ Staff Initials: Mabrlals presented of pubtlc meeNnps ~haq become propery nt 1he CHy of Meritlhn. i .' E IDIAN~-- f ~ Q H o August 13, 2009 Re: Dove Meadows Subdivision RZ 09-001 Ordinance No. 09-1425 Dear Applicant or Agency, MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Enclosed you will find a copy of the recorded ordinance as noted above. Please feel free to contact our office at 208-888-4433 if you have any questions. Sincerely, ~~a~ Tara Green Deputy City Clerk Enc. City Clerk's Office - 33 East Broadway Avenue, Meridian, ID 83642 Phone 208-888-0433 -Fax 208-888-4218 -www.meridiancity.org ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 08112109 03:45 PM DEPUTY 8onnie0berbillig III IIIII~'lllllllllllllllll'llllll'll flECORDED-REQUEST Of Meridian Ciry 109094298 CITY OF MERIDIAN ORDINANCE NO.~ - /~{o~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 09-001 DOVE MEADOWS SUBDIVISION) FOR THE RE- ZONE OF A PARCEL OF LAND LOCATED IN THE SW '/a OF THE SE '/a OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO BEING APART OF DOVE MEADOWS SUBDIVISION NO. 1 AND DOVE MEADOWS SUBDIVISION N0.2, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM L-O (LIMITED OFFICE DISTRICT) TO R-S (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho. SECTION 2. That the above-described real property ishereby re-zoned from L-O (Limited Office District) to R-8 (Medium Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION - RZ 09-001 DOVE MEADOWS SUBDIVISION Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepazed in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (I/2) plus one (1) of the Members ofthe full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~`~'day of ~,u , 2009. ~.A~PPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 'I ' day of , 2009. MAYO AMMY de WEERD ATTEST: `o`°~~'~ ~ r'W,1,''.~. ~ F~ JAYCE . HOLMAN, CI'$Y !~, L $~ -p ,,~ „f `~Q, `~, ~''~ CDUN't't • ~~~`~~ ~''~~mm~n nq~~P~ ANNEXATION - RZ 09-001 DOVE MEADOWS SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) ~ qq On this ~ ~t day of /-~l~ `~S }" , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written (SEAL) +.••~A'••••• I~'(STARY PUBL~ICy,FO~~R IDAHO ;' `SP'----~?11 G ~• RESIDING AT: 1 ~']~~~~ ~~ " ~ O Ty~~,~: MY COMMISSION EXPIRES: jn•l l-1! • ~~ e • ~`~+• • ~ • r • •C1~ ~~ i • ww++ • • T i • ANNEXATION - RZ 09-001 DOVE MEADOWS SUBDIVISION Page 3 of 3 RE-ZONE BOUNDARY DESCRH'TION FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO A parcea located in the SW '/, of the SE y, of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being a part of DOVE MEADOWS SUBDISVlON NO. 1 and DOPE MEADOWS SUBDIVISION ND. 1, more particalarly described as follows: Commencing at a 5!8 inch diameter iron pin marking the southwesterly comer of said S W b of the SE `4 from which a brass cap monument marking the southeasterly comer of the SE % of said Section 5 bears S 89°48'53" E a distance of 2644.18 feet; Thence N 0°27' I S" E along the westerly boundary of said SW '/. of the SE 'k a distance of 444.00 feet to the POINT OF BEOINNINt3; Thence continuing N 0°27'l5" E e distance of 868.52 feet to a brass cap monument marking We northwesterly comer of said 5 W '/, of the SE '/., said point also being on the northerly boundary of said DOVE MEADOWS SUBDIVISIONN0.1; Thence S 89°44'36" E along the northerly boundary of said SW 14 of the SE '/+ and said northerly boundary of DOPE MEADOWS SUBDIVISION NO. 2 n distance of SSO.l4 feet to a point marking the northeasterly corner of said DOVE MEADOWS SUBDIYlS10N N0.2; Thence leaving said northerly boundaries end along the easterly boundary of said DOVE MEADOWS SUBDIVISlONNO, 2 the following described courses: Thence S 0°27'36" W a distance of 219.97 feat to a point; Thence S 45°52'44" W a distance of 150.00 feat to a point on the easterly boundary of said DOVEMEADOWS SUBDIYIS10NN0. I; Thane S I i°59'54" W along said easterly boundary a distance of 357.06 feet to a point; Thence leaving said easterly boundary S 2°35'00" E a distance of 34.18 fat to a point on the centerline of Hickory Way; Thence along said centerline a diatance of 93.00 fat along the arc of a 400.00 foot radius non-tangart curve left, said curve having a radius bearing S 27°I 1'42" W, a central angle of l3°l9'17" and a long chord beating N 69°27'57" W e distance of 92.79 feet to a point; Thence continuing along said centerline N 76°07'35" W a distance of 107.02 feet to a point; Re-Zone Description Page 2 Thence leaving said centerline S 13°52'25" W a distance of 30.00 fat to a point on the southeasterly boundary of said DOYfi MEADOWS SiIBDIVISIONNO. 1; Thence S 43°21'35" W along uid mutheasterly boundary a distance of 257.65 feet to a point marking the southeasterly comer of Lot 3 of Block 2 of said DOVE MEADOWS SII$DIVISIONNO. land the POINT OF BEGINNING; This parcel contains 7.65 acres. Prepared by: Glean K. Bennett, PLS Civil Survey Consultants, incorporated April 2, 2009 REVIEW VAL. BY JUL 3 0 2~9 M WORKS DEPT'C ~ ~ PACKARO SIiBOriTS/ON NL! / BLOCK 2 // p J I a 5 5 C;S T/16 ~ t BLOCK 1 2 N ?3 p2 2J 20 T9 h / \ ! !B ~ CLARENE COURT b V1 NOT TO SCALE I! /p !J 7{ l5 !6 /7 ~} JOVE MEADOWS SUBO/{y5 .•IiM1'~ aN No. 2 !A W 'n To awE MEgpO~. su S b s Bvrhs/oN NO. T i a 2 T REVIE ~VAL 6 CiY A°~'or ~ ~ JUL 3 02009 \ ~T MERIDIAN PUBLIC / y~ORKS DEPT. 5 ~ 2 p N ` h J ~ 's~, , `' ~9`~ TIk' ~ AF LA~G~~ AVni%I ~ -`~ na' sa ! ~ t~ SECAGw d 70MN47es .! hgPAA, T aasr MErogwK Apl crouNTr, T[iVAo M1 M 70>~. v )~, ~ / ~ ~ ~t>¢~' 6'~ _~ ~ _-~, a~q. 2 tf~t'~ ~ J ~/~~T BLOCK 7 91~~ AucuNE SUBOrvisroN moor of ita~a .y Ilr U 371fLLN3A 2~ O A~ 5W A`' `W O N y1 J~ 0 11 N m O l~ W f~ a€~ ~~ ~~ ~g~ ~~~ ~~~$ ~~ ~~~~