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2009-12-22
E IDIAN,- ~~~, CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 22, 2009 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved with addition of Item 5Q A. Approve Minutes of the December 8, 2009 City Council Meeting B. Artist Acceptance Agreement with Duncan Grandin for Display in Initial Point Gallery C. Professional Service Agreement Between Centra Consulting Inc., and the City of Meridian for aNot-to-exceed Amount of $50,000.00 for QLPE Review of Construction Drawings as Allowed in Idaho Code I.C. 39-118(2) (d). D. 2008-2009 Financial Audit Agreement with Eide Bailly, LLP for a Not-To-Exceed Amount of $40,300.00 E. Irrigation Easement Between Meridian Dairy and Stock Shows, Inc. and the City of Meridian for the Split Corridor Pump Station F. Contract Amendment with Billing Document Specialists to Extend Utility Billing Services for an Additional Year per the Meridian City Council Meeting Agenda -Tuesday, December 22, 2009 Page 1 of 5 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. Existing Agreement Dated October 1, 2006 for aNot-To-Exceed Amount of $200,000.00 G. Change Order #1 to Task Order #0663A, Creekside Arbour LOMR with CH2M Hill, Dated December 4, 2008, for Response to FEMA Comments for aNot-to-Exceed Amount of $7,800.00 H. Task Order #0711A with Hydro Logic for Well #18 Evaluation per Master Agreement Dated February 18, 2007 for aNot-to- Exceed Amount of $11,583.00. I. Findings of Fact and Conclusions of Law for Approval: AZ 09- 005 JJA Land by Mason and Stanfield, Inc. Located at Northwest Corner of North Linder Road and West Ustick Road: Request for Annexation and Zoning of 5.89 Acres from RUT (Ada County) to C-C (Community Business) Zoning District J. Findings of Fact and Conclusion of Law for Approval: AZ 09- 009 Southridge-Hodges by Linder 109, LLC Located at 1785 South Windy Ridge Lane: Request for Annexation and Zoning of 6.16 Acres from RUT in Ada County to R-8 (Medium Density Residential) Zoning District K. Findings of Fact and Conclusions of Law for Approval: AZ 09- 004 The Baby Place by Brent & Coleen Goodwin Located at 270 North Linder Road: Request for Annexation and Zoning of 0.98 of an Acre from R1 in Ada County to C-C (Community Business) Zoning District L. Findings of Fact and Conclusions of Law for Approval: AZ 09- 008 Meridian Crossing by James Zeiter located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District M. Development Agreement: RZ 09-003 Request for Rezone of 5.02 acres from R-8 (medium density residential) to L-O (limited office) zone for Bainbridge by Brighton Corporation - south of Chinden Boulevard on the west side of N. Ten Mile Road Meridian City Council Meeting Agenda -Tuesday, December 22, 2009 Page 2 of 5 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. N. Resolution No. 09-702: Adopting Meridian Parks and Recreation Department Administrative Policy Regarding Use of Metal Detectors in City Parks and Facilities O. Resolution No. 09-703: Approving Consolidated Annual Performance Evaluation 81 Report (CAPER) for CDBG Program Year 2008 P. Resolution No. 09-704: Adopting Meridian Police Department Administrative Policy Enumerating Approved Alcohol Server Training Programs Q. Letter to Idaho Transportation Department regarding Eagle Road Access Issue 6. Department Reports A. City Clerks Office 1. Request by Lee White for Waiver of Fees for Accessory Use Permit Approved Waiver of Fee B. Police Department 1. Budget Amendment for K9 for $4,795.00 Approved 2. Brynne Grant Update on Purchase of Scout Alarms C. Fire Department 1. All Hazards Mitigation Plan Participation 7. Items Moved From Consent Agenda 8. Action Items A. Public Hearing: RZ 09-004 Cabella Creek by Coleman Homes, LLC Located at East Victory Road, West of South Mesa Way and East of South Bailey Way: Request for Rezone of 5.41 Acres From R-4 (Medium-Low Density Residential) to an R-8 Zoning District for Cabella Creek Denied B. Public Hearing: ZOA 09-003 Unified Development Code Text Amendment of City of Meridian Planning Department to Amend the Text of Certain Sections of Unified Development Meridian City Council Meeting Agenda -Tuesday, December 22, 2009 Page 3 of 5 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. Code as follows: Chapter 1 Article A: Definitions; Chapter 2 Article A: Residential Districts; Chapter 2 Article B: Commercial Districts; Chapter 2 Article C: Industrial Districts; Chapter 2 Article D: Traditional Neighborhood Districts; Chapter 3 Article A: Standard Regulations in all Districts; Chapter 3 Article B: Landscaping Requirements; Chapter 3 Article G: Common Open Space and Site Amenity Requirements; Chapter 3 Article H: Development along Federal and State Highways; Chapter 4: Specific Use Standards; Chapter 5 Article A: General Provisions (Administration); Chapter 5 Article B: Specific Provision (Administration); Chapter 6 Article B: Subdivision Process; and Chapter 6 Article C: Subdivision Design and Improvement Standards Approved C. MFP 09-002: Challis Subdivsion by Tealey's Land Surveying Located at 575 E. Franklin Road: Request to Modify a Plat Condition Requiring Cross-Access and Cross-Parking for Challis Subdivision Approved 9. Ordinances A. Ordinance No. 09-1437: Alcohol Server Training and Certification B. Ordinance No. 09-1438: RZ 09-003: Request for Rezone of 5.02 Acres from R-8 (Medium Density Residential) to L-O (Limited OfFice) Zone for Bainbridge by Brighton Corporation Located South of Chinden Boulevard on the West Side of North Ten Mile Road 10. Other Items A. Executive Session per Idaho State Code 67-2345(1)(f) - to Consider and Advise its Legal Representatives in Pending Litigation Into Executive Session at 8:12 p.m. Out of Executive Session at 8:35 p.m. Amend onto the Agenda: • Roof on City Hall Approved motion to send a Notice of Refection to Western Roofing • Claim by Brown Construction Approved motion to settle claim for $60,000.00 with mediation fees Meridian City Council Meeting Agenda -Tuesday, December 22, 2009 Page 4 of 5 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. • City Business for Next Two Weeks Approved motion to allow the Mayor and Council President to sign routine contracts and for those contracts to be ratified at the f rst meeting in January • Change to City Council Meeting Schedule Approved motion to change City Council meeting schedule to meet the first, second and fourth Tuesdays of each month with the second meeting being a workshop meeting and direct legal department to come back with amended Ordinance Adjourned at 8:46 p.m. Meridian City Council Meeting Agenda -Tuesday, December 22, 2009 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting December 22, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, December 22, 2009, by Council President Charlie Rountree. Members Present: President Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Mayor Tammy de Weerd Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Tom Barry, Jeff Lavey, Mark Niemeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd Rountree: Good evening. I'll call the meeting to order. This is Tuesday, December 22nd. This is our last official meeting for 2009 and wish you all a happy holiday season and a good new year to come. Start this evening's meeting with roll call vote. Item 2: Pledge of Allegiance Rountree: We will be led this evening in the Pledge of Allegiance by Boy Scout Troop 462. We have a couple gentlemen that are going to help us out this evening. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle. Rountree: Fellows. Guys, come here. Got a couple pins for you as a reward for standing up and doing this. City of Meridian pins. And thank you. This evening we will be led in the community invocation by Pastor Burton Roberts. Thank you for being here this evening. Roberts: Thank you for this opportunity. Let us pray. Most gracious and kind Heavenly Father, it is always our privilege to come before you and ask in the name of our Lord and Savior Jesus, the Christ, for your blessings in our lives and especially with this season and the opportunities that we have to show our love for you and our love for our fellow man. We ask tonight, Father, that you would cause your Holy Spirit to move upon each one of our lives in this community, that you would bless our City Council as they go over the facts of this evening, cause them to have great wisdom, understanding, Meridian City Council December 22, 2009 Page 2 of 33 and guidance as they make their decisions tonight. So, cause all of our hearts, Father, to this week really understand the true meaning of Christmas. May our hearts tum toward you and, again, I ask that we would be able to sense the brotherhood and the specialness of this occasion, so all of us may join together in the wonders of rejoicing at such a gift of God. We ask all these things in Jesus' wonderful mighty name, amen. Item 4: Adoption of the Agenda. Rountree: Next is the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: On the agenda under Consent Agenda, Item 5, Item N, the resolution number is 09-702. Item O, the resolution number is 09-703. Item P, the resolution number is 09-704. And we would like to add an Item Q to the Consent Agenda, which is a letter to the Idaho Transportation Department regarding Eagle Road access issues. Each member of the Council has been given a hard copy of that letter and it has also been added to the city website under tonight's agenda, if anybody cares to look at that. Farther down on the agenda, under action items eight -- I'm sorry. Under ordinances, Item 9-A, the ordinance number is 09-1437. Item B, the ordinance number is 09-1438. • And with that I move we adopt the agenda. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the agenda. All those in favor? Motion passes. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of the December 8, 2009 City Council Meeting B. Artist Acceptance Agreement with Duncan Grandin for Display in Initial Point Gallery C. Professional Service Agreement Between Centra Consulting Inc., and the City of Meridian for aNot-to-exceed Amount of $50,000.00 for QLPE Review of Construction Drawings as Allowed in Idaho Code I.C. 39-118(2) (d). D. 2008-2009 Financial Audit Agreement with Eide Bailly, LLP for a Not-To-Exceed Amount of $40,300.00 Meridian City Council December 22, 2009 Page 3 of 33 E. Irrigation Easement Between Meridian Dairy and Stock Shows, Inc. and the City of Meridian for the Split Corridor Pump Station F. Contract Amendment with Billing Document Specialists to Extend Utility Billing Services for an Additional Year per the Existing Agreement Dated October 1, 2006 for aNot-To-Exceed Amount of $200,000.00 G. Change Order #1 to Task Order #0663A, Creekside Arbour LOMR with CH2M Hill, Dated December 4, 2008, for Response to FEMA Comments for aNot-to-Exceed Amount of $7,800.00 H. Task Order #0711A with Hydro Logic for Well #18 Evaluation per Master Agreement Dated February 18, 2007 for aNot-to- Exceed Amount of $11,583.00. I. Findings of Fact and Conclusions of Law for Approval: AZ 09- 005 JJA Land by Mason and Stanfield, Inc. Located at Northwest Corner of North Linder Road and West Ustick Road: Request for Annexation and Zoning of 5.89 Acres from RUT (Ada County) to C-C (Community Business) Zoning District • J. Findings of Fact and Conclusion of Law for Approval: AZ 09- 009 Southridge-Hodges by Linder 109, LLC Located at 1785 South Windy Ridge Lane: Request for Annexation and Zoning of 6.16 Acres from RUT in Ada County to R-8 (Medium Density Residential) Zoning District K. Findings of Fact and Conclusions of Law for Approval: AZ 09- 004 The Baby Place by Brent & Coleen Goodwin Located at 270 North Linder Road: Request for Annexation and Zoning of 0.98 of an Acre from R1 in Ada County to C-C (Community Business) Zoning District L. Findings of Fact and Conclusions of Law for Approval: AZ 09- 008 Meridian Crossing by James Zeiter located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District M. Development Agreement: RZ 09-003 Request for Rezone of 5.02 acres from R-8 (medium density residential) to L-O • (limited office) zone for Bainbridge by Brighton Corporation - Meridian City Council December 22, 2009 Page 4 of 33 south of Chinden Boulevard on the west side of N. Ten Mile Road N. Resolution No. :Adopting Meridian Parks and Recreation Department Administrative Policy Regarding Use of Metal Detectors in City Parks and Facilities O. Resolution No. :Approving Consolidated Annual Performance Evaluation $ Report (CAPER) for CDBG Program Year 2008 P. Resolution No. :Adopting Meridian Police Department Administrative Policy Enumerating Approved Alcohol Server Training Programs Rountree: Next item is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: As noted, we filled in the resolution numbers for N, O, and P, added an Item • Q, which is a letter to the Idaho Transportation Department and with that I move we approve the Consent Agenda and authorize the President to sign on behalf of Mayor and the Clerk to attest. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the Consent Agenda. Any discussion? All those in favor -- well, we need a roll call on this one. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. City Clerks Office 1. Request by Lee White for Waiver of Fees for Accessory Use Permit Rountree: Next item, Department reports. City Clerk. • Holman: Councilman Rountree, Members of the Council, we have a request by a Mr. Lee White for a waiver of fees for an accessory use permit for his property on -- I Meridian City Council December 22, 2009 Page 5 of 33 believe it's Ten Mile Road. I, actually, had spoken to Mr. Friedman and he is going to give a little bit of an update on this. Rountree: Okay. Thank you. Pete. Friedman: Thank you, Council President Rountree, Members of the Council. This is -- my presentation will be short. Mr. White has requested a waiver of the fees for an accessory use permit for a home occupation. Obtaining the permit is necessary to remedy a code violation on Mr. White's property. The processing of the home occupation permit we are hopeful will remedy that situation. The C-4, that permit is 160 dollars and Mr. White has requested a waiver of the fees by the Council. The UDC grants the Council authority to waive those fees based upon hardship and right now tonight, really, the only thing before you is the question of whether or not the fees should be waived. If you have any questions I would be happy to answer them. Rountree: Any questioned for Pete? Just run down what the fees are for. Friedman: Primarily it covers the cost of -- of course, our staff time in reviewing the application and notifying surrounding property owners and generally just transmitting paperwork, doing that sort of thing. Rountree: Would that include hearing notices if anyone objects to this application? Friedman: Yeah. There are no other costs involved in the permit. Rountree: Okay. Mr. White, are you here this evening? Do you have some comments for us? We have your letter and we have that on record. White: Does everybody get nervous when you get up here? Rountree: Certainly do. We do, too, so -- if you would give us your name and address for the record. White: Lee White. 1750 North Ten Mile Road, Meridian. You have my letter? Rountree: We do. White: As stated? Well, essentially, there is supposedly some letters against me, asking to close my operation and what I have been doing down. I have taken about two minutes to write -- and written something. It will take about two minutes. Would that be acceptable? Rountree: That's fine. White: Okay. Meridian City Council December 22, 2009 Page 6 of 33 • Nary: Mr. President. Mr. President. Mr. White, is what you're reading related to you waiving the fee and not to the underlying request that you made; correct? Because all we are considering this evening is whether or not you're allowed to waive the fee. This isn't the hearing or a hearing to hear whether or not your underlying application should be granted. I just didn't want to mix the two. White: Yeah. Well, not being versed in the law and things, so I -- I probably mixed the two together. Nary: All they need to hear, sir, is whatever -- whatever reasons you have in requesting why the fee should be waived. There will be another opportunity to discuss your underlying application. White: Okay. That will be acceptable, then. Nary: Okay. White: I don't have any other than what Mr. Friedman said. I personally think that the fee might be a little bit high. Would like to not have to pay it, but it's in your hands. Rountree: Well, thank you. Any questions for Mr. White, Councilman? Bird: I have none. Rountree: Discussion? We will need a motion one way or another. Zaremba: It's hard to avoid discussing the underlying issue. Rountree: Well, again, this is whether to waive the fees. The application yet needs to go through the process of approval or not and -- Zaremba: Mr. President? Rountree: --there are both supporters and objectors, apparently. Zaremba: Mr. President? Rountree: David. Zaremba: I'll move that we waive the fee for this application. Bird: Second. Rountree: It's been moved and seconded to waive the fee for the application. Any discussion? Brad? Seeing no discussion, we will have roll call vote on the motion. Meridian City Council December 22, 2009 Page 7 of 33 S Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. B. Police Department 1. Budget Amendment for K9 for $4,795.00 Rountree: Meny Christmas. Next item, Department Report from the Police Department. Two items. Lavey: Mr. President, Council. Two items here today. The first item I spoke with you briefly at the workshop about a month ago in regards to the K-9 request. Through the generous donations of the community we have the opportunity to purchase one K-9 and through the Council approved enhancement to replace that same dog and the original plan was to sell our single purpose narcotic detection dog. I am in front of Council today asking for an amendment to cover the wage salaries that would require under SLSA to go ahead and keep that dog and, then, put it on as a drug interdiction dog for our schools. The total cost is 4,795. That covers the wages and workmen's comp and all those other fees that are associated with that. And I'm here to take any questions on that request. • Rountree: Any questions for the chief on that request? We have discussed it in the past. Bird: I have none. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve the budget amendment for the K-9 for the amount of 4,795 dollars. Bird: Second. Rountree: It's been moved and seconded to approve the budget amendment request. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. 2. Brynne Grant Update on Purchase of Scout Alarms l__.I Meridian City Council December 22, 2009 Page S of 33 Lavey: Mr. President, Council, the second item is also something I briefed to Council about in the past on the Bymne grant. If you remember, the City of Meridian was successful in obtaining two separate grants, one about 133,000 dollars and the other one in the amount of 31,000 dollars. I came before Council and gave several items that we were intending to purchase with those grant monies. One of them was the records management software and the other one was some Scout alarms. I'm in front of Council today just to inform you that we have purchased those Scout alarms in the amount of 20,801 dollars and the reason why I am bringing this in front of Council is just to let you know that although I have monies to cover this purchase in the -- in the current police department budget, we have to front the money until we are reimbursed back to us and in this particular case Ada County was the agency that actually takes the money, so we will front the money, make the purchase, get reimbursed and, then, we will get those monies back and I just want to make sure that I'm able to get that money transferred back from revenue back into that line item to make sure I don't have to come before you and ask for additional monies at the end of the year. So, finance assures me that everything is taken care of, but I just want you folks to be aware of it when that comes in front of you. Questions? Rountree: Any questions for the chief? Bird: None. Rountree: I think heads are nodding that we have heard you and that's going to happen. Lavey: Okay. Thank you very much. C. Fire Department 1. All Hazards Mitigation Plan Participation Rountree: Thank you. Next update and department report, fire department. Chief. Niemeyer: Mr. President, Members of the Council, I'm actually here before you representing the city's emergency management committee. That's the committee that I'm fortunate enough to chair and I think Chief Lavey will tell you he had something to do with that position acquisition that I obtained. We received a request from Ada County city emergency management, that's Doug Hardman's office. They are currently in the process of updating their all hazard mitigation plan, which is a plan that outlines how we would respond in an earthquake, flood, anything that's a natural disaster Meridian is a part of that plan. As part of the update there has been a change in which they are asking cities and jurisdictions to sign off as planning partners. What this does is achieves compliance with the Disaster Mitigation Act. Essentially, what that means is that it makes us eligible for federal funding for any mitigation efforts and I did ask Doug • Hardman if mitigation is widening Eagle Road and he wasn't sure. So, we will have to keep looking at that one. I have sent this request to the Mayor for her to sign, indicating Meridian City Council December 22, 2009 Page 9 of 33 that we will be a planning partner. What that means is that we assign somebody from the city and I'm thinking it's probably going to be an assigned task that I will take on as the chairman of that committee. The time needed to participate in this is minimal, probably looking at about eight hours over the next 12 months, as we update that plan. Rountree: Any questions for the chief? Will we see the plan in draft form? Niemeyer: You will. Prior to it being activated or signed off on by all agencies everybody will have a chance to review it. Rountree: Very good. Thank you, Mark. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Do we need to authorize the Mayor to sign the letter you're referring to? Niemeyer: That one I'm not sure on. Maybe Bill could answer that. Nary: Mr. President, Members of the Council, since this is just a cooperative agreement you don't need to do that. Part of the reason I suggested it to the chief to bring this in front of you is because at some point in the planning process it may have budgetary impact, but at the moment it really is just a cooperative arrangement, so it's not necessary to have -- to authorize the Mayor to sign that. Hoaglun: Mr. President, question for Mark. This is amulti-jurisdictional approach -- Niemeyer: It is. Hoaglun: -- you mentioned. Is there good cooperation among the other entities in the area? Niemeyer: Yeah. I think talking to Doug he's had good buy into it. He's getting a lot of jurisdictions. There is a lot of districts that hadn't participated in the previous efforts that are now going to be participating, school districts being one, and if we do have a flood or something big like that we are going to have to rely on some of those agencies. So, from what I'm hearing there is good buy in so far in getting folks to sign off on that. Rountree: Any other questions, comments? Thank you. Item 7: Items Moved From Consent Agenda Rountree: There were no items moved from the Consent Agenda. Item 8: Action Items Meridian City Council December 22, 2009 Page 10 of 33 A. Public Hearing: RZ 09-004 Cabella Creek by Coleman Homes, LLC Located at East Victory Road, West of South Mesa Way and East of South Bailey Way: Request for Rezone of 5.41 Acres From R-4 (Medium-Low Density Residential) to an R-8 Zoning District for Cabella Creek Rountree: We are on Item 8, public hearing. Public hearing for Cabella Creek. I will open that public hearing and Bill or Pete. Friedman: Mr. President, Bill will start off the presentation tonight on that. Parsons: Thank you, Mr. Friedman. Council President Rountree, Members of the Council, before you this evening is a rezone of Cabella Creek Subdivision. This project came before Council in 2006. At that time it was platted and zoned R-4 and it also required a development agreement with that approval of that site. The applicant is coming before you this evening to rezone a portion of the site, approximately 5.41 acres. It incorporates approximately -- it incorporates 17 building lots and the applicant is rezoning the property to, essentially, construct seven homes that -- in size -- that range in size at 1,270 square feet. Currently the R-4 zoning district limits living space standards to 1,400 square feet. The applicant -- or this project is located on the north side of Victory Road in between Locust Grove and -- excuse me. Approximately a quarter of a mile west of Locust Grove. Again, here is an aerial of the site. You can see a lot of the property around it is either in the county or currently developed in Meridian and currently zoned R-4. The site is a little bit more developed than what you see here in the aerial. Here is the current land use map and the zoning map that we have in place today. On the left-hand side you have the zoning map that shows where Cabella Creek falls in relation to the surrounding properties and, then, on the left-hand side you have the comprehensive map and, again, you can see this is designated R-4 or low density residential, and this property is consistent with that zoning district. The applicant is not proposing to change any of the lot sizes or density of the project, merely to, one, get out of the requirement of constructing the 1,400 square foot home. Summary of the hearing for you. Planning and Zoning Commission recommended denial at their hearing on December 3rd. Their reason for denial was the fact that it may set a precedent for other properties that may want to come in or developers may want to rezone their properties to construct smaller homes to get out of those R-4 standards. So, we thought this wasn't the appropriate avenue to follow to construct more homes. Staff did work -- talk with the applicant during the pre-application meeting, informed them that the variance probably couldn't meet those findings to support a variance as well and we thought maybe a possibility, given the direction of possibly rezoning the entire subdivision to an R-8, they were unable to get consent from adjoining property owners or homeowners that are currently in the subdivision, so that wasn't feasible, and so their option was to, again, rezone a portion internal to the site, that way they still keep those lots transitioned along the surrounding subdivisions, but that way they would only impact a small portion of the subdivision. Speaking in favor during that hearing was Becky McKay and Thomas Coleman, who is the applicant's representative, and the applicant, as part of the rezone application. Matt Dinfer was at the hearing, did not Meridian City Council December 22, 2009 Page 11 of 33 testify, signed up as -- in opposition of the rezone. Rose Crandall and Aneke Binford testified at the hearing in opposition of the rezone. Mike Bell also submitted written testimony in opposition of the rezone. Rose Crandall also submitted written testimony and also provided at the hearing a petition from 11 homeowners that were also in opposition of the rezone. Key changes from staff from the Commission none. So, really, the outstanding issues for Council tonight is -- is this the appropriate avenue for rezoning the property to construct smaller homes. The other issue is the applicant has provided written comments regarding some possible DA provisions, if you so choose to recommend approval. Staff finds it difficult -- the other issue is that the Council really wants staff to track required CZCs for single family homes just to track seven 1,270 square foot homes in the subdivision. The applicant does have a brief presentation for you tonight that she wants to kind of get you an overview of the project. Again, the only comments we did receive was from the applicant, since that hearing date, the Planning and Zoning Commission hearing date. And with that I would stand for any questions Council may have. Rountree: Questions for Bill? Bird: I have none. Rountree: None. Thank you. Is the applicant here? Yes, she is. If you would give us your name and address, please. McKay: Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. Business address. Good evening, Members of the Council. I'm here this evening representing Coleman Homes. Thomas wanted to be here, but since the hearing was so close to the holidays he is out of state at the family gig. So, I will try to do the best I can kind of going through his Powerpoint presentation. What I brought before you this evening is some examples of the homes. They have already constructed some of the homes within the Cabella Creek project and that's -- that's one of the homes that -- that's before you right there. Secondly, this project was approved -- kind of give you a little history -- in 2006. The original developer constructed about 90 percent of the development and, then, ran into financial difficulties. Coleman Homes got with the owner and U.S. Bank and they, basically, bought this at the brink of foreclosure and Mr. Coleman went through and replaced letters of credit at the highway district and the City of Meridian, which were on the verge of expiring or being called and agreed to take on this task. We did a complete analysis starting about in June of this project of all the outstanding items that needed to be addressed. One, the landscaping was in extremely poor condition. The pump station had never been installed, nor the check structure within Ten Mile Creek, to supply adequate water. They did hook onto Meridian water as an alternative, but due to lack of maintenance and other problems with the system the landscaping went into disrepair. Mr. Coleman went in, repaired that landscaping, planted an additional 60 trees, went through -- the top picture you see here is what it looked like. The bottom picture is what you see after they went through and worked it over. They also, like I said, added trees, went through and added signs and flags and tried to dress the project up. The Council approved this initially with three ponds and they were to be Meridian City Council December 22, 2009 Page 12 of 33 utilized for storm drainage and for -- as an amenity. Those ponds were absolutely disgraceful. They were green. Ada County Highway District came out. We met with them. They did not meet ACHD standards. My firm redesigned the ponds and Mr. Coleman has been working on getting those repaired. Installing aerators, and getting this project back on track. The Colemans -- they are a developer, but they are also the builder within their developments. They are currently building in Middleton in the West Highlands project and they have also bought three phases of Bridgetower and they are currently building out there and, then, they have purchased this Cabella Creek. They pride themselves on the quality of their homes and providing a diverse style of home in various sizes. One of the things that -- that we talked about with the staff was the fact that just because a home is 1,600 or 2,000 square feet, does not necessarily make that home a quality home. Obviously, the example here, you can see these homes are on larger lots, they are over 1,400 square feet, but esthetically they are lacking in features and amenities. These homes that you see there are, obviously, on considerably smaller lots. They are dressed up. They have some nice architectural features. They use differing architectural textures, rock and brick and so forth, and wood siding. This is one of the homes that is constructed out in Cabella Creek. The home that you're looking at right there, to kind of give you a reference point, is 1,500 square feet. The picture below it reflects the interior and the quality that the Coleman company is putting into their homes and they want to make sure that they -- they create, obviously, the best design they can at a good value and they do not provide any vinyl siding, 30 shingles -- 30 year architectural shingles. They have a wide variety of amenities that they add. All the walls are hand textured. They use the two by six. This home is another one that they have constructed out there. This one is 1,700 square feet. And below you can see the interior with hardwood floors, nice wood cabinets, quality appliances. This -- this home shows you the rear elevation. That home in particular is about 1,800 square feet. They offer a list to their clients of different Energy Star features if they so choose and they find that right now what they are seeing in the marketplace is a need for some of these smaller homes. They are seeing that out at Cabella Creek. They are seeing that over in West Highlands. This is the home that they would like to build in Cabella Creek. It's 1,270 square feet. This is one of the models that they have just completed out at West Highlands in Middleton. And I guess when we look at these projects we are always front planning for perspective, trying to provide some diversity. It's important that we have homes for different types of families. They are finding empty nesters, seniors that are starting to down size and that's becoming a big part of this market. I did meet with the neighbors on this project. One of the -- one of the primary concems was the number of homes that we propose to build. We initially wanted ten homes out of the 47 that could be below the 1,400 square feet. They asked me could you re-reconsider and maybe possibly come down on that number. We did reduce that number to seven. One of the other concems they had was the adjoining subdivisions that wrap around us. Salmon Rapids. They said, you know, on the perimeter we'd like to see larger homes, more consistent with the sizes that we have. Could you potentially cluster those homes within the interior of the development and so that was kind of the strategy we had here for this -- this block. Oops. What we call -- song. What we call Block 2 there. So, what's before you tonight are 17 buildable lots. They are in the middle of the development. They are isolated in a block. What we are asking for is that only seven of Meridian City Council December 22, 2009 Page 13 of 33 those homes -- or those lots, I'm sorry, be allowed to have a home below 1,400 square feet. Now, the staff raised some questions about, well, how do we track that. What we suggested is that any home within that block be required to have a certificate of zoning compliance prior to submittal of the building permit -- or building permit application. Along with that certificate of zoning compliance would be an elevation of the home to- make sure they are consistent with these homes that we have submitted as part of our application and along with that would be a Block 2 map showing the lots that have been built on or permits that have been issued and what the square footage of those homes are. We think that -- that's the easy way to track it. This particular project there were no elevations tied to this project at all and so by tying these elevations with an amended DA, we feel that that will, obviously, protect the integrity and the quality of these homes. Another thing is since the Colemans are the only builders out there, they don't have the issue with having to deal with some builder that wants one of the lots, but doesn't want to comply with the elevations, which we do face that on the developments where we have multiple builders. Initially when we met with the staff we talked about a variance, like Bill said. Pete and Bill indicated that they didn't feel a variance was really the right way to go, since it is not a site characteristic or -- or any type of impediment on the site that is creating our situation. We kicked around this idea of the rezone. We thought that that would be viable. We went away from the meeting believing that that was an option and, then, after further staff discussion they indicated that, no, they didn't feel they could support it. The staff has kicked around the idea of doing an ordinance amendment, because the R-8 zone doesn't have a minimum square footage for living area, just the R-4. I know there have been discussions about it. I guess we were just reluctant, we had already submitted our rezone application, and we were reluctant to submit an ordinance amendment and have it be, you know, site specific. I guess if the staff is thinking along those directions, it would probably make sense if that application was initiated by the staff. We feel when you look out there at that -- at the zoning, you have got Cavenaugh Subdivision, which is a complete sea of R-8. We are directly across the street. You have Tuscany Village, which is directly across the street, a sea of R-8. And as you can see with the low density residential we still have -- all these yellows are pockets of R-8 that you see throughout this section here. We are not changing the lots. We are not changing the density. We are not asking for anything, just to allow approximately seven lots to be below 1,400 square feet and we have set that at the 1,271. We are doing the best that we can with these distressed projects at this time. They are always a struggle. It seems like all we deal with is problems now days and we are trying to solve them best we can. This is a project that I think is looking very well. I have been out there myself. I have looked at the homes. It's going to have a diversity. The lots range all the way -- or the homes range all the way up to like 2,200 square feet. They have got multiple elevations for different styles of homes and I have been very pleased with what I have seen and we think that this is a quality development and we would like Council to I guess entertain the idea of this rezone, since we can't figure out any other alternative application in order to accomplish this. Do you have any questions? Bird: Mr. President? Meridian City Council December 22, 2009 Page 14 of 33 Rountree: Mr. Bird. Bird: Becky, you're asking to rezone 17 lots, but yet we are only going to build seven 1,270 square foot buildings? McKay: Yes, sir. Bird: What are we going to do with the other ten lots if we zone an R-8? McKay: The other ten lots would be -- have to be above 1,400 square feet. Bird: Yeah. But if we go to R-8, then, the setbacks all change. McKay: The setbacks -- as far as the R-4 setbacks, they work fine for us. The setbacks work great. The lot size works great. We are agreeing to comply with everything. The only thing is that living square footage of 1,400, we are asking to deviate to 1,271. Bird: Mr. -- follow up? Rountree: Mr. Bird. Bird: A 129 square foot, what does that add to the cost of the average house, Becky, approximately? Twelve thousand? McKay: The 1,271 square foot has a base price of 144 nine. That's a payment of about 915 a month. When you jump up to the 1,500 square foot, that base price is 155 or 979 a month. Bird: What's 1,400? McKay: I don't -- he doesn't have a 1,400 model, he only has a 1,500 -- 1,500 and, then, the 1,271. As we submitted -- in the elevations we submitted it's 1,271, 1,500, 1,824, and, then, it goes up to I think 2,200. So, you know, it's roughly -- we are talking, what, 10,000 dollar difference? Bird: Yeah. And also, Becky, what's to -- what's to keep Coleman Homes from selling off those other ten R-8 lots and getting R-8 buildings put in there with the setbacks and stuff? McKay: Councilman Bird, I submitted a letter of DA provisions and in those provisions we specified in detail the limitation of the seven homes, the limitation that nothing would be below that 1,270. That the certificate of zoning compliance would be required and the elevations would be tied to this project that we have submitted and that there would be no duplexes or anything like that. So, it's very specific. And we feel that the development agreement tied to the rezone could protect the community and protect the city and still accomplish this. Meridian City Council December 22, 2009 Page 15 of 33 ., • Bird: Thank you. Rountree: Further questions? Hoaglun: Mr. President? Rountree: Brad. Hoaglun: Becky, I was just curious, you selected the internal part of this -- this lot. A lot of times, you know, small homes or especially apartments they put them out towards the road. What was the thinking for that and also the second part of the question is are these lots -- are they next to each other or are they interspersed within that -- within that zone? I wasn't quite clear on that. McKay: The -- I don't know. Bill, do you have a copy of the plat? All the lots in Block 2 are all contiguous to each other. They are on a cul-de-sac. Right here, as you can see, there is a -- there is a cul-de-sac comes in here and this -- oh, sorry, Bill. This is the block right here and -- and we picked that so that we had larger homes on the periphery adjoining Salmon Rapids and adjoining these other parcels to the west and to the east. As far as the ones next to the road, there is a larger home -- existing home located here and another one here and so -- and I believe there is an existing home over -- located here. So, we thought we would put them in that block and kind of isolate them here on the cul-de-sac. Hoaglun: Okay. That makes sense. Oftentimes you see -- if it's different than the rest of the neighborhood they are out against the road, as opposed to being internal. So, that's -- it's a little bit of different -- different thought process in that. So, that makes sense what you're saying. Thank you. Rountree: Further questions? Bird: I have none. Rountree: Becky, how many homes are currently in the subdivision? McKay: They have constructed -- Colemans have constructed three homes and I believe there are -- there were -- is there six total? Including Colemans? Seven including the model. Bird: Plus the three existing? McKay: There were, I believe, a couple of existing homes and, then, the original developer sold some lots to builders who built some homes out there. • Meridian City Council December 22, 2009 Page 16 of 33 Rountree: So, the CC&Rs that are in effect are in the hands of the current developer owner, Coleman? McKay: Yes, sir. Mr. Coleman has gone through those and revised them. Rountree: Okay. Any other questions? Bird: I have none. Rountree: Thank you, Becky. This is a public hearing. I have two folks that have signed up to say they are against this proposal. Rose Crandall. Do you wish to provide some testimony? If you would give us your name and address for the record. Crandall: My name is Rose Crandall and my address is 1319 East Observation Street and my home is located on the very entrance of the subdivision and what I would like to ask the city is I understand, you know -- Zaremba: Excuse me. Can you pull the microphone a little closer to your -- more towards you? Crandall: Oh. I understand Ms. Becky's presentation and while we appreciate what Mr. Thomas Coleman has done to save the subdivision, we -- the existing homeowners also have conceded to the lower size homes that he built and we know that he is building quality homes. But it is still a known fact that the -- you know, the smaller size homes affect the value of the existing homes and when -- and when we purchased our home there were CC&Rs, which I found out later was never really recorded. .I have a copy of it. Our CC&Rs that we signed for when we closed our home was a minimum of 2,400 square feet and I understand that, you know, ATM Development had fallen into the problems that we are having right now and Mr. Coleman came to the rescue and with his rescue, his line of -- his choices of homes are already diverse from 1,500 all the way to 2,055 square feet and I just feel that -- that is, you know, going down to 1,271 square feet is just going to devaluate our home value and, unfortunately, the CC&Rs that we signed -- that I signed for when -- when I purchased the home, was really not recorded with the city, because when I followed up with the city there was only one CC&Rs that was there, which is the one that was recorded in June or July, which is the current one right now, which has a minimum square footage on the CC&Rs as 1,271, which I wandered myself, because it hasn't passed yet. Why is the minimum square footage on the CC&R already, you know, written as 1,271 square feet. So, that's it. Thank you very much. Rountree: Any questions? Bird: I have none. Rountree: Just a comment about the CC&Rs. CC&Rs are between the owner and the developer. They are not a requirement of the city. Meridian City Council December 22, 2009 Page 17 of 33 Crandall: That's what I found out also. Rountree: Mike Vale. Vale: My name is Mike Vale. I live at 3022 South Bailey Way. I'm also a homeowner in this development. Beautiful presentation they have done. The photography is absolutely beautiful. There is a lot of work that still needs to be done in that development and I hope they do -- I can't understand why with the available property in that area that is zoned the way they would like to have this zoned, they didn't purchase something there, rather than purchase in this area and want to rezone it, but that's something that they have done. I'm just here to voice my opinion that I'm against it for a lot of the same reasons Bill had given, Rose had given, and that the Planning and Zoning had heard. So, that's what I have to say. Rountree: Thank you. Hoaglun: Mr. President, just a quick question. You said how many homes are -- were there before Coleman took over? Were there six? Vale: I mistakenly -- there was one more I did miss. There is a third. There is a big one that I think the original developer owned and I forgot to count that one. So, there was the Crandall's home and my home were the only two homes with that developer's home in the area also. They have since built -- the developer that built my home built a house further -- a little bit further into the subdivision, so they added that one. And, then, Colemans have built three homes that they have got I believe probably a spec home and, then, they have got one home as a model. So, there is a total of -- that would be eight. So, there were -- when we purchased, the Crandall's home was there and my home was there, and, then, the developer has another big home that's kind of set out of sight a little bit. So, those are the homes that were there. Hoaglun: And Mr. President -- Mike, if you wouldn't mind, do you know what the smallest size -- by chance what the smallest square footage home that exists right now? Vale: I'm not sure what -- what your home is. Rountree: You need to repeat -- Vale: Okay. Because my home's about 2,375 and there is another one that's 2,250. Those are the three that were developed. I don't know what the very large one is that the developer owned and, then, I'm not sure what -- I think they are about 1,500 or 1,600 square feet that the Colemans have built in there right now. Hoaglun: And, Mr. President -- Mike, so the original purchase of the -- I think Rose was mentioning something about 2,400 square feet was -- it was above 2,000 was the plan for that -- Meridian City Council December 22, 2009 Page 18 of 33 Vale: Yeah. Hoaglun: -- particular development. Vale: Yeah. I believe it was -- that the CC&Rs said 2,200. Hoaglun: Okay. Thank you. Vale: You're welcome. Thank you. Rountree: This is a public hearing. Anyone else wish to provide testimony? Seeing none, the applicant has an opportunity for final say. McKay: Members of the Council, like Isaid, Idid -- I did talk with the neighbors on multiple occasions. I talked to Mrs. Crandall and -- and I do understand when they purchased their homes that they thought that -- that they were all going to be exactly within that range that their homes are on, that 2,300 square foot range. Obviously, you know, circumstances have changed. Mr. Vale indicated that there is still improvements that need to be done out there, that is correct. One. of the things that has hampered our progress is their 404 permit with the Army Corps of Engineers had expired for the bridge expansion. All of their license agreements and contracts with Nampa-Meridian Irrigation District had expired, so we had to renew all those. There were no flood plain permits granted by the City of Meridian for the check structure, so we have been getting all of our necessary permits in order to finish up the last items. We feel that this is a good project. Diversity does not mean cheap as long as the quality of those homes is there and you're creating a community. I mean we pride ourselves in trying to put some -- somediversity and a mixture in these neighborhoods, so that they are a healthy, vibrant neighborhood, and, like I said, providing homes for empty nesters, seniors, first-time home buyers, that's kind of what we are seeing and -- and we are just trying to adapt in a changing market and I think we have tried set forth detailed conditions in the DA that would protect the city, protect the neighbors. I think this is reasonable. We are limited just to seven homes. That's it. And we have got an easy way to track it. I talked to Scott Steckline with Public Works, he indicated that they -- they track them there. He said Ididn't -- I don't see what the issue is as far as any difficulty in tracking. I think this is doable and I guess I'd like the Council to entertain it. Thank you. Rountree: Thank you, Becky. Any further questions? Hoaglun: I have a request for planning, if I might, Mr. President. How -- Bill or Pete, how do we get adevelopment -- I'm thinking of Bridgetower, they have got a variety of houses from -- from good size to big size, but there is some areas where they have patio homes and they are much smaller. Was that -- was that done when the whole thing was platted? Is that how that came about usually in that area and other areas? • Meridian City Council December 22, 2009 Page 19 of 33 Friedman: Mr. President, Members of the Council, Councilman Hoaglun, that's correct. When projects of that sort go through most of those conditions and those areas are spelled out within the development -- initial development in and of itself and that comes in with the original zoning and the original development review and, of course, all the associated development agreements that go with it. Hoaglun: Okay. And one last question if I might, Mr. President, for staff, is what is the smallest square footage for an R-4 area? Friedman: Smallest square footage? Hoaglun: Smallest. Friedman: The minimum floor area -- living area as the code defines it, is 1,400 square feet in R-4 and 1,500 square feet in R-2. Those are the only two residential districts that have limitations on there for the minimum floor areas. Hoaglun: Okay. Thank you. Rountree: Further questions? Zaremba: Mr. President? Isn't a development agreement usually associated with an • annexation? Can we do that with a rezone? Friedman: Yes, Council Members and -- Council President Rountree, Council Members, we can -- we do have the ability to attach a development agreement to a rezone. Annexations and rezones, really, are the only two vehicles that we have for the development agreement. Zaremba: Thank you. Rountree: Any discussion? If there is none, I need a motion. Zaremba: I would comment before we do a motion, if I may. I have heard the discussion before about having a variation of sizes within a single subdivision and it actually appeals to me. The reasoning is that as people's needs change, either as their family gets bigger or later gets smaller again, people want to live within the same area and be able to move from size to size within the same area and the same quality and I like that explanation. So, on the face of it I could be in favor of this happening. I understand the difficulty with rezoning the entire subdivision, could even, I suppose, impact the loans that people have on the existing properties, if the underlying zoning changes. So, I would have to say at the moment I still have some discomfort with rezoning and I don't really have discomfort with the objective of what's going on here. I guess I'm not comfortable with the method. Rountree: Any comments? Meridian City Council December 22, 2009 Page 20 of 33 Hoaglun: Mr. President. Just a comment. You know, if they were coming -- the applicant was coming in and this was a new parcel and we were looking at this and it was the surrounding area was R-4 and they wanted R-8, Councilman Zaremba's right, there are changes going on out there, asmaller -- smaller homes are becoming more popular, either economic -- because of finances or energy costs or just people getting older. There is more of us. But where I struggle is you have got people who have purchased, built within that subdivision already. They have got the larger homes. There was an expectation of larger homes and already that R-4 -- there will be homes there at 1,400 square feet, which at the time they thought were going to be different, it was going to be larger, and, then, that's quite a change right there, going from 24 to say 14 hundred square feet that they are going to have to live with and it does impact value to some degree and that's something I struggle with you, yet at the same time Mrs. McKay points out -- and it's a valid point, you could have a 2,400 square foot home that's a box take a much smaller home and make it very interesting and retain good value there. So, it's not always bigger is better, it's -- it is the quality. But, then, you have a rezone that goes forward and if this does go to someone else, what happens then? So, I'm less inclined to grant the rezone right now. I have an open mind to it, but right now I just -- the impact to the neighbors that are already there and the expectations they had when they purchased, that has already changed and another -- what was it, 129 square feet is -- I don't know if that's enough to justify it. Rountree: No more comment? I need a motion on the hearing. Hoaglun: I move to close the public hearing, Mr. President. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing. All in favor? Motion passes. MOTION CARRIED: ALL AYES. Rountree: Motion? Hoaglun: I'll give it a shot here. Mr. President, I would move to deny the request for a rezone on 09-004, Cabella Creek. Zaremba: Second. Rountree: It's been moved and seconded to deny the request for the rezone for Item 8-A, the rezone request. Roll call vote. Excuse me. Is there any discussion on the motion? Bird: I have none. Meridian City Council December 22, 2009 Page 21 of 33 Rountree: Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. B. Public Hearing: ZOA 09-003 Unified Development Code Text Amendment of City of Meridian Planning Department to Amend the Text of Certain Sections of Unified Development Code as follows: Chapter 1 Article A: Definitions; Chapter 2 Article A: Residential Districts; Chapter 2 Article B: Commercial Districts; Chapter 2 Article C: Industrial Districts; Chapter 2 Article D: Traditional Neighborhood Districts; Chapter 3 Article A: Standard Regulations in all Districts; Chapter 3 Article B: Landscaping Requirements; Chapter 3 Article G: Common Open Space and Site Amenity Requirements; Chapter 3 Article H: Development along Federal and State Highways; Chapter 4: Specific Use Standards; Chapter 5 Article A: General Provisions (Administration); Chapter 5 Article B: Specific Provision (Administration); Chapter 6 Article B: Subdivision Process; and Chapter 6 Article C: Subdivision Design and Improvement Standards Rountree: Next item, public hearing on Unified Development Code Text Amendments for the City of Meridian, Item 8-B. This is a public hearing. I will open the public hearing. Pete, you want to make a presentation? Friedman: Thank you, President Rountree, Members of the Council. As the President has indicated, these are zoning text amendments that are coming to you with a recommendation for approval from the Planning and Zoning Commission. They are initiated by staff. The primary intention was to address either problems that we have in code administration or modify sections of the code or clean up sections of the code. Staff believes that implementation of these will make the UDC more understandable, as well as enforceable. The staff report contained a long long list of what those are. I believe in the interest of brevity you don't want me to go through those individually. I would be happy to if you do. But if you don't I would like to hit a couple highlights for you, just to tell you some of the things that are included in there. One would be we are removing spires on churches from the height limits. We had quite a discussion and education on the difference between a steeple and a spire and as we are beginning to see more churches come into the city, we are finding that their combined steeples and spires exceed our height limits. So, we have a code amendment that we think fixes that problem. Secondly, we have created a common definition for pathways. As you know, we have micro pathways and multi-use pathways and there was some problems with uniformly addressing landscaping and construction standards for both of those. So, basically, what we have done is while we still have those in the code definitions, we refer to them as pathways, so we can start looking at them uniformly with respect to Meridian City Council December 22, 2009 Page 22 of 33 • landscaping and that sort of thing. We have also cross-referenced pathway construction standards in the UDC to the master pathway plan, so there now is that nexus between those two documents when we do have pathways that are being developed within -- and throughout our community. One of the issues, as President Rountree knows, after we implemented the design review manual, we also changed the standard for the number of -- amount of parking that can be located between the street and the building facade. It used to be 70 percent, we lowered it to 50 percent. It was becoming problematic, particularly on smaller lots and comer lots. So, what's been proposed is that on lots under two acres there will be an allowance for a single drive aisle with the parking on one or both sides to be allowed between the building and the fronting street and another major one was buffer width reduction for landscape buffers. The only way to reduce that dimensional standard was through a variance and we didn't feel that that was the .appropriate vehicle, a variance, to address it, because oftentimes while they might be unique circumstances, they weren't necessarily hardships or physical circumstances which prevented it. So, in effect, you still see them, but what we have done is made requests for buffer width reductions, a waiver by the Council, rather than a variance. That way you're not constrained to the specific variance findings. Another one was -- this is a big one. Allowing outdoor exercise areas for veterinary clinics. Currently the code just prohibits -- just says no outdoor activities whatsoever and that's what the intent was, to preclude the boarding and kenneling and that sort of thing in exercising, but the reality is when they have patients there they do need to take them outside, so there is a provision there that allows for the exercising of pet -- of • veterinary -- animal care facilities. I'm sorry. Under the supervision of the staff. And another one was we changed the drive-thu requirements, so that a Conditional Use Permit is not required if the facility was -- the drive-thru is across the street from another one. Right now we required a Conditional Use Permit if it's within 300 feet, but if it's separated by an arterial there is no good point in requiring the Conditional Use Permit. And, finally, we have made some minor changes and at least we are starting with some exemptions from design review. We have thrown in a couple of those that weren't previously in the code. So, those are kind of the highlights of the recommendations and I'd be happy to answer any other questions you might have. Rountree: Okay. Any questions for Pete on the long list of amendments that we have before us? I don't see any. Thank you, Pete. This is a public hearing. Pat, do you want to testify? Okay. Seeing -- Bird: Frank's even left. Rountree: Yeah. Frank left. Seeing no one to testify on this item, if there is any discussion? Bird: I move we close Item 8-B. Zaremba: Second. • Meridian City Council December 22, 2009 Page 23 of 33 Rountree: It's been moved and seconded to close Item 8-B. All those in favor. Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: What's your pleasure on the text amendments? Hoaglun: Mr. President? Rountree: Brad. Hoaglun: I would move approval of ZOA 09-003. Zaremba: Second. Rountree: It's been moved and seconded to approve the -- Item 8-B, Unified Development Code Text Amendments. Roll call vote, if there is no discussion. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. C. MFP 09-002: Challis Subdivision by Tealey's Land Surveying Located at 575 E. Franklin Road: Request to Modify a Plat Condition Requiring Cross-Access and Cross-Parking for Challis Subdivision Rountree: Next item, 8-C, is the Challis Subdivision, Item 8-C, MFP 09-002. It is a public hearing. Pete. Friedman: Mr. President, Members of the Council, this is a modification to the final plat -- or of the short plat of Challis Subdivision, which was approved by the City Council in June of this year. It created three commercial lots at the corner of Stafford and Franklin. With the approval of that short plat there was a condition that there be a blanket cross- access and cross-parking easement noted on the face of the plat. Now that the first building's been constructed and they have a better idea of how the site is going to develop, plus having done some grading they are starting to find there is some topographic differences and the -- Mr. Tealey, the applicant, was in speaking with us and said that rather than have that note on the face of the plat, they would like to replace it with a specific easement provision that grants cross-access to all three lots, but eliminates the need for cross-parking, because of the way that the whole area is going to be configured, it made since to us. He said, fine, I will just go ahead and file those easements and record those and we said, well, that's all well and good, but you can't do that, because the Council, actually, is the only body that can change those conditions. And so he did file for a plat modification to remove that note from the face of the plat and, then, just -- what he will do is he will prepare a specific easement as Meridian City Council December 22, 2009 Page 24 of 33 indicated by this exhibit, note that on the face of the final plat with an easement -- a recorded number and staff is supportive of that request. Rountree: Any questions for Pete? Comments? Testimony? Tealey: Mr. President, Members of the Council -- really, no -- Rountree: If you could give us your name, please. Tealey: Oh. Excuse me. Pat Tealey. And office address 187 East 50th in Garden City. We originally submitted a site plan similar to this with our plat, but it wasn't made a point of a discussion when it came to the Council. If this works -- does this pointer work on here? Oops. Let's see. Which way do I have to go. There is about 12 feet of difference between the eastern portion of the subdivision along Stafford and the western portion there. So, the reason we did the site plan such it is, we knew we had grade differences run in there and that that type of cross-access easement that's typically required in a commercial subdivision wasn't going to work for us. The condition that came out of -- the reason that we didn't realize that the blanket easement would be a problem is that on site specific note number nine it just says across-access, cross- parking easement agreement shall be recorded for all commercial lots within the subdivision. It didn't mention the word blanket. So, we had a lawyer prepare the cross- access and cross-parking agreement and thought we were going along pretty good until • we ran into needing a signature and so that the easement is prepared and we are ready to go forth with it and agree with staffs -- what they think is the situation, basically. The reason that the easement is where it is is they don't want people going through the drive-in there on the bank, just having total access to it. They want to restrict the access to this path that you see in front of you. That will be part of the cross-access easement and they will delineate across-parking, if any, but it's going to be sort of hard to cross-park on this thing, because of the grade differences and stuff that will be spelled out in the agreement. Rountree: Any questions? Bird: I have none. Rountree: No questions? Thank you. Any further comment, staff? Friedman: No comment. Rountree: Discussion? Need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on MFP 09-002. Meridian City Council December 22, 2009 Page 25 of 33 • Hoaglun: Second. Rountree: It's been moved and seconded to the close public hearing on Item 8-C. All those in favor? Motion passes. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the changing of taking- the note from the face of the plat regarding cross-access and to record an easement agreement in lieu of the blanket easement. Hoaglun: Second. Rountree: It's been moved and seconded to approve the request of Item 8-C per the motion. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. • MOTION CARRIED: ALL AYES. Item 9: Ordinances. A. Ordinance No. :Alcohol Server Training and Certification B. Ordinance No. : RZ 09-003: Request for Rezone of 5.02 Acres from R-8 (Medium Density Residential) to L-O (Limited OfFce) Zone for Bainbridge by Brighton Corporation Located South of Chinden Boulevard on the West Side of North Ten Mile Road Rountree: Next item is Ordinances. We have two ordinances. If you would read those by title only, Madam Clerk. Holman: Thank you, President Rountree. City of Meridian Ordinance No. 09-1437, an ordinance of the City of Meridian creating a new chapter of Meridian City Code, Chapter 7, Title 3, of the Meridian City Code relating to alcohol server certification, definitions, approved server training program, server and licensee requirements and enforcement. Holman: City of Meridian Ordinance No. 09-1438, an ordinance RZ 09-003, Bainbridge, for the rezone of a parcel of land located in the southeast one quarter of the northeast Meridian City Council December 22, 2009 Page 26 of 33 • one quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, 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 R-8, Medium Density Residential District, to L-O, Limited Office 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 of the rules and providing an effective date. Rountree: You have heard the ordinances 9-A and B read by title only. Anyone wish to hear them in their entirety? Seeing none, I need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve ordinances 09-1437 and 09-1438 with suspension of rules. Zaremba: Second. Rountree: It's been moved and seconded to approve ordinances in Item 9-A and B. Roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 10: Other Items. A. Executive Session per Idaho State Code 67-2345(1)(fl - to Consider and Advise its Legal Representatives in Pending Litigation Rountree: Last item. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Hoaglun: Second. • Meridian City Council December 22, 2009 Page 27 of 33 Rountree: It's been moved and seconded to go into Executive Session for Item (1)(f). Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:12 p.m. to 8:35 p.m.) Amend onto the Agenda: • Roof on City Hall Approved motion to send a Notice of Rejection to Western Roofing. • Claim by Brown Construction Approved Motion to settle claim for $60,000.00 with mediation fees. • City Business for Next Two Weeks Approved motion to allow the Mayor and Council President to sign routine contracts and for those contracts to be ratified at the first meeting in January • Change to City Council Meeting Schedule Approved motion to change City Council meeting schedule to meet the first, second and fourth Tuesdays of each month with the second meeting being a workshop meeting and direct legal department to come back with amended Ordinance Rountree: We are out of Executive Session. Nary: Mr. President? Rountree: Yes. Nary: Mr. President, I was going to recommend to the Council that you amend your agenda tonight to include potentially two items, maybe three. The first item would be to -- the first item is to address the issue of the roof on City Hall and Westem Roofing's contract. The second is in relation to a claim against the city for payment of a contract with Brown Construction and the last is for the processing of business over the next three weeks until your next meeting of January 12th. Your reason for amending them at this time is up until the completion of our last Executive Session you were unaware of the necessity to add that to your agenda. Rountree: Thank you, Mr. Nary. Meridian City Council December 22, 2009 Page 28 of 33 Zaremba: Mr. President, I move the agenda be amended as stated. Hoaglun: Second. Rountree: It's been moved and seconded to amend the agenda as stated by Mr. Nary. Just a voice vote? Nary: Yes. Voice vote is okay. Rountree: All those in favor? Motion passes. MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Rountree: Brad. Hoaglun: For -- regarding the issue on the roof on City Hall, I would move that we direct staff to send notice to Western Roofing that the City Hall roof has failed to maintain a water tight condition and move forward from there with that issue -- situation. Rountree: And that's issuing a notice of rejection? Bird: Yes. Hoaglun: Yes. Bird: Second. Rountree: It's been moved and seconded to issue a notice of rejection on the leaky City Hall roof. Voice vote? Nary: Yes. Rountree: All in favor? Motion passes. MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Rountree: Brad. Hoaglun: I would move that we approve the settlement of the claim by Brown Construction in the amount of 60,000 dollars, also with the approval of payment of mediation fees. Meridian City Council December 22, 2009 Page 29 of 33 • Bird: Second. Rountree: It's been moved and seconded to resolve the Brown Construction issue and with payment 60,000 dollars, plus the mediation fees. Voice vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, abstain; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Hoaglun: And, Mr. President, one more. Since we are not meeting on the 29th of December, which is a fifth Tuesday and we'd lack a quorum on January 5th, Iwould -- Nary: Mr. President, Members of the Council -- Rountree: Bill. Nary: What I would recommend is your motion be that simply the Mayor and Council President approve any necessary signatures for just the routine business that needs to be done until January 12th and anything that they find be then put on your agenda for January 12th for your review for any contracts or agreements that are necessary that can't wait until the 12th. • Hoaglun: Mr. President, I would move that the Mayor or Council President have the authority to sign and complete -- contract the city business on routine items and that the City Council ratify those actions at their earliest meeting. Zaremba: Second. Rountree: It's been moved and seconded. Discussion? All in favor? Motion passes. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: Before we adjourn, I --Iwould like to make a motion that we -- seeing how we don't have a third the business that we had in 1998 when I come on board, I don't know when is the last time we done a land development. I move that we go back to meeting -- until further business, we go back to meeting the first and third as land meetings. The second is a workshop. And the fourth and fifth no meeting. Rountree: And that notes the first and third Tuesday. The second Tuesday would be a workshop and no further meetings for the month and -- would the motion -- well, I guess . let's get a second on that. Is there a second? Meridian City Council December 22, 2009 Page 30 of 33 • Zaremba: I'll second. Rountree: Okay. It's been moved and seconded. Would the motion maker consider that the workshops go back to the intent of the workshops that they start at 6:00 o'clock, we try to hold them to two hours. We concentrate on -- on our departments and not necessarily city business, and that we -- Bird: The maker of the motion would really enjoy that. And I also think that we discuss ordinances and stuff like we used to. We don't need to be having departments justify jobs. We all know that they got enough to do anyway. Hoaglun: Mr. President, inquiry of the maker of the motion. In February I believe we won't have a quorum on the 3rd Tuesday in March -- in February. If that occurs would we, then, still have three meetings that month, we would just move business to the fourth Tuesday? Bird: I guess we will have to. Hoaglun: Is that -- Bird: That we can take care of when we get to it. • Rountree: And I guess final question for the maker of the motion, it's your intent, then, that the staff would prepare a resolution as such, so we can amend our meeting ordinance as such to accommodate the motion? Bird: I would -- just a resolution, because I don't want to change the ordinance, because, hopefully, one of these days we will get busy again. Nary: Mr. President, Mr. Bird, you will have to take the ordinance. The ordinance is specific. So, if you want to change the dates of your meetings -- Bird: Okay. I'll change the ordinance. Nary: You can cancel them. Bird: And I don't know why we would ever have to not do it, but -- Nary: The only suggestion I would make, Mr. Bird, so we don't run into the same problem of the fourth and fifth Tuesday, like we are for the next two weeks, you may want to consider whether or not you want it to be the first, second and fourth Tuesdays of the month to meet and, then, where you shouldn't, unless you lack a quorum, have it anytime where you're not going to have -- you're going to have no more than one meeting you will miss or one Tuesday you will miss. But you will have about four or five • times a year that you would have the fourth and fifth Tuesdays off. Meridian City Council December 22, 2009 Page 31 of 33 • Bird: You will have four times when you have five Tuesdays. You're right. I have no problem with going with the first, third, and -- or first, second, and fourth. Second agrees? Zaremba: Mr. President, that was, actually, going to be a comment of mine, so that we don't run into regularly have two weeks in a row where we don't have anything. Rountree: All right. Zaremba: If I may, though, I would ask the clerk -- we really have that little business? Do you know thinking out far ahead is that going to be a struggle? Holman: President Rountree, Members of the Council, Councilman Zaremba, I don't think so, as long as you will still allow us to have a Consent Agenda on the workshop. I think it helps to move -- if we are going to be canceling a meeting, I think it's important to still be able to move things on the Consent Agenda for a workshop. Zaremba: Makes sense. Rountree: Do you want me to try and restate that motion? Bird: I don't know if I can. I'd move that we -- if the second pulls, I pull my first. I move • that we change until work demands our meetings to the first, second, and fourth Tuesday of the month. The first and the fourth Tuesday will be regular land planning meetings. The second will be a workshop starting at 6:00 o'clock and being just a workshop where we go through ordinances or any department needs and we can add a Consent Agenda. Holman: President Rountree, Members of the Council, Councilman Bird, so my question on the two that you're saying are land use ones -- Bird: That's your full blown meeting. Holman: Are there any other items that are allowed on those agendas or just -- just the way they have been? Bird: Just the way they have been. Rountree: Regular business. Bird: Regular business. Nary: What -- maybe if I could help clarify. What you're talking about is, essentially, the regular order of business, any statutorily required public hearings and the like and, then, on the workshop there won't be any statutorily required public hearings, so we would never notice a public hearing for that -- for that one. If there is something the Council Meridian City Council December 22, 2009 Page 32 of 33 wants to set for that, that's up to them to set that. Otherwise, there wouldn't be any statutory public hearings. Bird: I would say that we could do it as we have done in the past of setting the agenda for the workshop, the Council President sees that he needs a public hearing that we can do it, but I don't want it to become a habit. Nary: The example I was thinking is the gentleman tonight that was asking for a fee waiver. Bird: I agree with -- Nary: Versus a final plat or the land use types or things that no statute is required. Rountree: So, you have heard the motion. You have heard some discussion. You have heard another motion. You have heard more discussion. The first motion was seconded and the second motion restated has not been seconded. Do I have a second? Zaremba: I'll second it. Rountree: Okay. It's been moved and seconded to approve the motion as stated. All • those in favor? MOTION CARRIED: ALL AYES. Rountree: All right. I need one more motion. Hoaglun: Move to adjourn. Bird: Second. Rountree: It's been moved and seconded to adjourn. All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:46 P.M. (AUDIO RECD THESE PROCEEDINGS) TAMMY ~/ E~~~dD; ~MRyxOR ~'~ H I I ~~ SEAL AY€EE ~~ ~~o`~ o ~a %,~'~ COUP ~ ~ Q'.~~~ ~~~~~1rr~rn nt~~~~~~~~,~~ ~ ~ / ~~ / ac~l (7 DATE APPROVED HOLMAN, CITY CLERK Changes to the Agenda: j~ECEIVE~ pEC 2 2 ?qpg Item: 6.a -Fee Waiver Request by Lee White. CITY ®FGf-f' "'"' CI~y CLF~dKS ®FFICE Mr. White has requested City Council waiver of the fees ($160) for an Accessory Use Permit for a Home Occupation. Obtaining the permit is necessary to remedy a UDC violation on Mr. White's property. UDC 11-SA-7B. grants the Council the authority to waive fees based upon a hardship. The fee waiver is the sole consideration before the Council. Item: 8.a - Cabella Creek (RZ-09-004) Location: North side of Victory Road between S. Mesa Way and S. Bailey Way. Application: Rezone Highlights of the Proposed Development: In 2006, this property was platted, annexed and zoned R-4 as part of the Cabella Creek project. Subsequent to platting, the ownership of the property changed. The new owner (Coleman Homes, LLC) is requesting approval to rezone a portion of the development (5.41 acres) from R-4 to R-8. The sole purpose in applying for the rezone is to seek relief from the minimum living space requirements of the R-4 zoning district to construct seven (7) 1270 square foot homes. The proposed rezone affects 17 building lots which are located in the interior portion of the subdivision. Initially the applicant contemplated a variance; however, it was apparent that the variance findings could not be supported. Upon further discussion the concept of the rezone was discussed. Staff expressed concern over selective rezoning of a small number of lots; however the applicant was unable to get consent from the other property owners in the development and chose not to pursue a rezone for the entire subdivision. The recorded development agreement restricts the use of the site to single family detached homes. Commission Recommendation: Denial at their December 3, 2009 public hearing. The Commission felt rezoning the property was not an appropriate method for gaining approval to construct smaller homes. Summary of Commission Public Hearing: i. In favor: Becky McKay and Thomas Coleman ii. In opposition: Matt Binford iii. Commenting: Rose Crandall and Aneke Binford testified in opposition of the rezone iv. Written testimony: Mike Vail, Rose Crandall; a petition with 11 signatures was submitted in opposition of the rezone. Key Issue(s) of Discussion by Commission: Possibility of other properties being rezoned to relax the living area requirements of the R-2 and R-4 zone districts to construct smaller homes. Key Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: The Comprehensive Plan designates this property as low density residential. The R-4 zoning district is consistent with such a designation. The applicant is not proposing to deviate from any other dimensional standards except the living area requirements. Because no other aspects of the project (density, # of lots, lot sizes) are changing from the underlying approval, the site is more consistent with the current zoning district. The adjacent property surrounding the subdivision is also developed with larger single family homes; zoned R-4. Therefore, Council should determine if a selective rezone is the appropriate avenue to allow relaxation of the dimensional standards. In addition, the UDC does not require CZC approval for single family homes. The Council should also determine the feasibility of staff tracking multiple CZC's to limit 7 of the 17 lots to a 1270 square foot home as the applicant has proposed. DA Provisions: None. Staff and Commission recommended denial. Written Testimony since P&Z Meeting: On December 18a' Staff received written response from Becky McKay detailing possible DA provisions. Notes: Item: 8.b -UDC Text Amendment (ZOA-09-003) Application: - Zoning Ordinance Amendment to amend the following sections of the UDC: ^ Chapter 1 Article A: Definitions ^ Chapter 2 Article A: Residential Districts ^ Chapter 2 Article B: Commercial Districts ^ Chapter 2 Article C: Industrial Districts ^ Chapter 2 Article D: Traditional Neighborhood Districts ^ Chapter 3 Article A: Standard Regulations in all Districts ^ Chapter 3 Article B: Landscaping Requirements ^ Chapter 3 Article G: Common Open Space and Site Amenity Requirements ^ Chapter 3 Article H: Development along Federal and State Highways ^ Chapter 4: Specific Use Standards ^ Chapter 5 Article A: General Provisions (Administration) ^ Chapter 5 Article B: Specific Provisions (Administration) ^ Chapter 6 Article B: Subdivision Process ^ Chapter 6 Article C: Subdivision Design and Improvement Standards Highlights of the Request: The purpose of the zoning ordinance amendment is to modify, clean up, and add specific sections to the UDC that Staff believes will make the implementation and use of the UDC more understandable and enforceable. Please see Section VII of the staff report for the specific verbiage of the proposed amendments. Commission Recommendation: Approval at their December 3, 2009 public hearing. Summary of Commission Public Hearing: i. In favor: Planning Department ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i None Written Testimony since P&Z Meeting: None Notes: MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. SA REQUEST APPROVE MINUTES OF DECEMBER 8, 2009 CITY COUNCIL MEETING • AGENCY COMMENTS CITY CLERK: See Attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. 5B REQUEST ARTIST ACCEPTANCE AGREEMENT WITH DUNCAN GRANDIN FOR DISPLAY IN INITIAL POINTE GALLERY AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: SEE ATTACHED CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DLSPLAY OF ARTWOi IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this 22" y of December, 2009 ("Effective Date', by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Duncan Grandin, an individual person whose address is 31 S E. Pine Avenue, Meridian, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian. City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as F rhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery'; WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission's reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Galldry; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for gpod and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on December 31, 2009, at 9:00 a,m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twenty (20) framed photographs, which pieces shall substantially conform to the description of such afiwork set forth in Exhibit B hereto. Artist shall be responsible for hanging of such artwork on December 31, 2009 at the direction of the Gallery Curator, shall allow the display of such work in Initial Point Gallery from December 31, 2009 to January 29, 2010 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on January 29, 2010, at 9:00 a,m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INi'17AL POINT GALLERY DISPLAY PAGE 1 of 6 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display his artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntaril~- donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Castor. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPi'ANCE AGREEMENT INrrr~. PonvT GALLERY DISPLAY PAQE 2 of 6 V. DISPLAY. A. Uriginal artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent. of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided float City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal maybe temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's ariworl~ will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simaltaneons display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. vI. INDEMNIFICATION. wArvER„ AND INSURANCE. A. Indemnification. Artist shad, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or properly, and from any and all losses and expenses caused or incurred by Artist, his servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREE~rr IN117AL PoIIVT GALLERY DISPLAY PAGE 3 of 6 B. Waiver. Artist shall, and hereby does, 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 Artist's performance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist Artist shall obtain all necessary insurance as maybe required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or incnran~ of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating Party B. Termination without tense. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist D. Non-waiver. 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. • Accsm'atvCE AattEE~iv'1' INrr[~-i, PonvT G,~I,LE1tY DISPLAY PAGB 4 of 6 VIII. GENERAL PROVLSIONS. A. Relationship of Parties. It is tine express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties aclmowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate;against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. 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 aral or written, and 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. E. 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. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, ar unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require ®r that may require his artistic talent or expertise. Artist may subcontract or assign obligations that do not require his artistic talent or expertise. 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. L Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, sha11 be is writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: • ACCEPTANCE AGREEMENT INTfIAL PanvT GALLERY DISPLAY PAGE 5 Of 6 Artist: Duncan Grandin 318 E. Pine Ave. Meridian, Idaho 83642 (208) 888-6295 dgrandin@q.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. 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. WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~ -~~M day o ~~, 2009. ARTIST: Duncan Grandin STATE OF IDAHO ) ss: County of ~ ) I HEREBY CERTIFY that on this ~ ~~~ay of w~1mw 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared Duncan Grandiu, lmown to me to be the person who executed the said instrument, and aclmowledged to me that he executed the same. IN WITNESS ` ` C~~~"~;`bu~e hereunto set my hand and affixed my official seal, the day and yeas' in this certificate first alcove n~.. ~ -hb~i:.''%,. ., f ~^,e,annr.e6~P^F~'~,,' ~ t~-++i~`^ rl c :' CITY OF MERIDI+j• . ~ '" `~~,:``, BY: Notary Pub ' r Idaho Residing at r Idaho My Commission Expires• ~ ~ ~ 1 ~ '~~~ ~~', ~ or~o '' .; Attest• Jaycee H City Clerk ~, ••`~ ~J ACCEr'rArrCB AG1tEEMElNT '%~'9~ ~1' tsi ' P`r ~~` 11v1'rrai. PoIIV'r Gn~xY DISPLAY '~.,~~q''~~i-```~\~~~` i PAGE 6 of 6 • • Exhibit A • Meridian Commission Call for Artists: X009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway, McHdian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space-60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Paint Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional-quality, ready-to-hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2009 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application It Acknowledgements form; • Biography of the artist or informational statement regarding organization; Letter of intent; Up to five digital images representational of the artist/organization's work, on a CD; and • $35 gallery maintenance fee. Details and forms are available at the City's website, http:!/www.meridiancity.org or by a-mail request to mac@meridiancity.org. Materials submittejd for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notlfy a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 By e-mail macC~meridiancity.org • • Exhibit 6 r Meridicln Commission Application fr Acknowledgments: 2~9 INITIAL POINT GALLERY SERIES ARflST/ORGAN~ER CONTACT IaFORMATIOa: Check one: O 1 am submitting this form as an individual artist. ~ I am submittlng this form on of ~n ~,~ ~ ~ ~ ~ Ardst/Org. Name: p ! ~ ~ Q~fLy1 ~i Orgarrher name: ~ ~ ~,c0 ~7 ta,~ N~ ~ ~ - E-mail address: ~ ~ Malting Address: ~ ~, ~ Physical Address: Phpne numbers: Day: Evening: ~Yd~-P CeIL• - APPLICATION OVERVIEW: Check one: O I/we propose to fill one half of Initlal Point Gallery with artwork, t~1ll/we propose to flit the entlre initial Point Gallery artwork. number of pied: _ ~ ~ ~ Average size of pieces:_-- l~f o~ b ~~Y~YV APPLJCATION MATERIALS: ~ Completed, signed Applicatlon 6t Adcna-wtedgements Form 1St Biography of artist or informational statemerut regarding organization, no longer than one 8h x 11 p page; ~i A letter of intent, describing: a. Artist/Orgarrizatlon'svlsion forand/or theme of the proposed display; b. `Number, dimerusiats, prices, and medium or media utilized in the works to be displayed; c. ~ Any publicity that the Artist/Organization plans t+o undertake if selected; and/or d. Any atypical issues or duiQer~es regarding hanging or display of the works proposed for display. •~ Up to five digital images representatlanal of the artlst'slorganizatlon's work on a CD, r~lution of 300 dpi at a minimum sine of 5x7", in .jpg formal ~ Please name each image file with artist last name or organization name and the tltle of the work (e.g.: name.tltle+jpSj• Materials submitted will not be t~eturrued. Damaged ornon-compliant CDsand/or images will not be considered, images will not be accepted via a-mail. O $3S gallery maintenance fee, check made payable to the Meridian Arts Commission. TMs fee is nonrefundable. HANGING INFORMATION: Initlal Point Gallery is equipped with a track system for hartging exhibits. Artwork displayed in the gallery writ be hung from cables using hoots, and therefore must be equipped with ate D ring on the badt of the frame, or two D rings on the side rails on the bade of the frame, aslillustrated below. Wires or eyehooks may,g_ot ~ used for hangir~, and clip frames are not allowed. ~~~~ • To the Meridian arts Commission. Meridian, Id. 2-6-09 This r is for a duel show of the 2 camera clubs in the tr t easure valley. The Boise camera club and the~Idaho photography workshop. Both clubs are strong old and active photo clubs that meet regularly to show there work and critique or try to improve them. I am Duncan G~andin. I have lived in meridian for over 27 years. I am the Exh~it chairman for the BCC. I been an active member of the club for 15 years. I have been shooting slides and now digital all that time and have been printing, matting and framing my own for most of that time. I am representing the club in that all the others that wr~l be involved are about the same or better. Many are avid printers but not too many framing. My plan to have 6 or 8 members participate with what ever they can frame. I have many [dozens] framed so that we, as a club wdl not have any problem using one half of the room. I cannot give detail because I just received the info yesterday and can not give numbers yet. Qur club will be meeting this coming Tuesday and a report can. be given of the number very soon. As for the IPW club, I have been a member of it also for a few years. This club is run by Paul Pauley. There are many great artiest and photographers in this club that print and frame their pictures. Many are trying to become pro's and sell there works. The quality of this club is fantastic and the works that they will display wdl amaze you, I have seen much of it I have contacted Paul with the application and we both wdl work very fast to pull the 2 clubs together for showing or setting up $ great show for the tows The best I could do is give a CD sample of my work 'because of the dead line . Given a little time, we can have many more samples shown from other..participants. Duncan Grandin, 318 E. pine ave, Meridian, Id 888 6295, ~d~d~q.coni _ Paul Pauley, p_opepaulCa~gmail.com - ~~ 1'hailkS, Duncan ~~ ~ ~~ i~Z~" - ...y..r ..~ . • • Exhibit C • ACKNOWLEDGMENI'g: I, .hereby acimowledge the following sHpulatlons and agree that if / my my orgar-izatlon's art work is selected for display at Initlat Point Gallery, such display shall occur subject to theme general terms and carditions, as well as subject to other specific teens and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. 1 spedflcally acknawiedge that ~, A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the . ,a particular works displayed. - ~, 8. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork di~tayed in Initial Point Gallery, but cannot and will not assume UabiUty for arty loss or dan~ge. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibiUty of the artist. The City of Meridian shall not provide ins<rance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Poirrt Gallery maybe passively offered for sale by mean of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gatlery may have a v>stble price tag. ~, E. While it is intended that each exhibit in Initial Point Gallery will be displayed for eons- to two-month period, ibis period nrey be shortened by the City of Meridian for any reason, without notice to the artist or orgarrtration. F. The City may display the work of more than one artist or organtmdan in Initlal Point Gallery at any time, at the City's sole discretion. G• Artwork submitted for display in Initial Point Gallery must be original woric~ conteived and crested by the artist (or by artist members of the organization) submitting this appUcattion. H. Meridian City Hall is primarily a place of public business oral Initlal Point Gallery is a public place. The City seeks to encourage ardstk expression and public dialogue, but must simuttanearrsly ensure that City Hall is a place where e~tlzens, employees, and visitors of diverse ages and fires feel welcome and comfortable. Ta this end, only artists and art work meeting the eUgibiUty standards described in the Call for Artlsts and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. ~~~ ge and understand Bch and all of the for~egaing stipulations and do agree to these general temps and Sigr~ture: ~ U~ ~~ Print name: ~ V +~1 e Y1ti Q tiQ ~/ 1J 1 ~ 1~ Date: _ _ a- ~ ~ - c~ To propose an exhib~lon in Initial Point GrIUe~-, P• ~~ this f~, completed in full, with the regWred materials and fee, via U.S. mail, to: Meridian Arts Comnrisslon Attn: Initial Point Gallery 33 East 8r~dway --d--v Meridian ID 83b42 Thank you for your interest! • • MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. SC REQUEST PSA CENTRA CONSULTING AND THE CITY OF MERIDIAN FOR NOT-TO- EXCEED OF $50,000.00 FOR QLPE REVIEW OF CONSTRUCTION DRAWINGS AS ALLOWED IN IDAHO CODE I.C. 39-118(2) (D) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: SEE ATTACHED CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. ~ ~;i~E IDIAN~- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Scott Steckline Land Development Supervisor DATE: 12/1 b/2009 Mayor Tammy de VVeerd City Councii Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: PROFESSIONAL SERVICE AGREEMENT between CENTRA Consulting Inc., and the City of Meridian with a not to exceed amount of $50,000.00 for QLPE review of construction drawings as allowed in Idaho code I.C. 39- 118(2) (d). I. RECOMMENDED ACTION A. Move to: 1. Award the Professional Services Agreement between CENTRA Consulting Inc., and the City of Meridian for QLPE of construction drawing services with a not to exceed amount of $50,000AO; and 2. Authorize the Mayor to sign and the City Clerk to attest the Agreement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 4$9-0372 Bruce Freckleton, Development Services Manager 489-1362 Scott Steckline, Land Development Supervisor 489-0369 III. DESCRIPTION A. Back rg ound As allowed for in Idaho I.C. 39-118(2) (d), the City of Meridian Development :Services Division of the Public Works Department currently offers the outside QLPE (Qualified Licensed Professional Engineer) services to the development community as an alternate to the required DEQ (Department of Environmental Page 1 pf 2 m Quality) construction plan review process. The cost of this program is a pass through cost to the developer. By offering this program the developer benetits greatly by reducing the construction plan review time at DEQ. IV. IMPACT A. Strategic Impact: This activity aligns with our Department's mission of providing timely and effective construction plan review. B. Fiscal Impact: Proiect Costs There is no cost to the City; This is a pass through cost that the Developer will pay before receiving the QLPE services. V. ALTERNATIVES A. The City could choose not to approve the agreement. This action would result in adding two or three weeks to the construction plan review process for developers. Approved for Council Agenda: l 2 -/ ~ ' o°l Bru r a eton, Development Services Manager Date • Page 2 oj1 AGREEMENT -FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this Stn day of December, 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 CENTRA Consulting Inc., hereinafter referred to as "CONSULTANT", whose business address is 413 West Idaho, Suite 302, Boise. ID 83702. INTRODUCTION Whereas, the City has a need for services involving QLPE Plan Check Services; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and. has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual ,promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS ANO CONDITIONS 1. Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specked in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data tiles, are the property of the Consultant; provided however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a QLPE SERVICES - page 1 of 11 • royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorise others to cio so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted Indus#ry 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 orcontained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Wvrk, which the parties hereto shall agree ta. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. • 2. Consideration 2.1 The Consultant shall be compensated on a Time 8~ Materials basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for aNot-To-Exceed amount of $50,OOQ. 2.2 The Consultant shall. provide the City with a monthly statement , as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement, including, but not limited to, meals., lodging, transportation, drawings, renderings or mockups. Specifrcally, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, QLPE SERVICES - page 2 of 11 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Tlme of Performanc®: This agreement shall become effective upon execution by both parties, and shall expire one year from the effective date, the expiration of funds allocated for compensation or unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party,. or (b) sale of Consultants business. If agreeable to both parties, this agreement may be extended for three (3) additional one {1} yearterms. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent. of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: • CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons yr 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 QLPE SERVICES - page 3 of 11 CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as fallow: General Liability One Million Dollars ($1,000,000} per incident or occurrence, Professional Liability t Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1.,000,000} per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, 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 Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the. CITY at least ten (10} days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 QLPE SERVICES - page 4 of 11 Centro Consulting, Inc. Attn: Stephen E. West or Chas Ariss 413 West Idaho Suite 302 Boise. ID 83702 Ph. (208) 338-9400 Either party may change their address #or the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided.. 8. Attorn®y Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party sha11 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 betaveen the parties and shall survive any default, termination or forfeiture of this Agreement. 9. 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. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate. or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Infonmation: 12.1 At such times and imsuch 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. 12.2 Consultant 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 #ermination or completion of this or Agreement. This includes any handwriting, QLPE SERVLCES - page 5 of 11 • typewriting, printing, photo static, photographic and every ether means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to a!I matters covered by this Agreement. 14. Compliance with Lavers: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. • 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, #alsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60}.days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. QLRE SERVICES - page 6 of 11 • Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of setoff until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreemen# is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. 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. QLPE SERVICES - page 7 of 11 21. Approval R®qulred: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN CENTRA CONSULTING, INC. C~~ OLf~'titl~t., ~ lis0 /vc~~ Dated: /a - a-a - aac~9 ~s : f~ B ST ~,~eU ~ ~ WFST ` ~/'e s~a~ Dated: 2 G ~ G Attest: ,`~,~~-wn iniiiii .~`~\```~y of ~~'~ti ~''~-. ~o~r~o .. JA CEE LMAN, CITY CLERK S~~L 9 ~cS' %9p tys~•~ ~~``. .,~~~ ,~ `OQ.````~ '~• c4UPf[`l • ~•• pproved as to Content ''''~~,,,,,,,,,,~~~~~"~ Department Approval BY: KEITH WATTS, PURCHASING AGENT BY: NAME: Dated: ~ 2- 8~ ~ 9 TITLE: Dated: Approv®d as to Form CITY ATTORNEY DATE QLPE SERVICES - page 8 of 11 Attachment A SCOPE OF SERVICES QLPE Plan Check Seltvices • Perform Qualified Licensed Professional Engineer (QLPE} plan and specification reviews for simple water and was#ewater main extensions in accordance with the Idaho Rules for Public Drinking Water Systems (IDAPA 58.01,08) and the Wastewater Rules (IDAPA 58.01.16). The QLPE review is authorized under I.C. 39-118(2)(d) as equivalent to review by the Department of Environmental Quality (DEQ) prior to construction for simple water and wastewater main extensions. At the time of approval, the QLPE must provide a written approval letter to the Department, through the City, which includes: 1. A statement asserting that the QLPE represents the City with regard to the project in question; 2. A statement that the plans and specifications are approved for construction; and 3. A statement by the QLPE tha# the plans and specifications comply with the facility standards within the referenced IDAPA rules. Review comments may be issued in lieu of project approval. In this case, the QLPE will provide written comments in electronic form to the City for delivery to the developer/project engineer, unless instructed by the City to communicate with them directly. Comments must be resolved prior to providing written QLPE approval of the project. Reviewable Documents are any plan view or plan- and profile sheet with the potential for separation issues of mains. This includes sewer and water service extensions. The sheets should include storm drainage and irrigations facilities, if applicable. PROCESS QLPE Plan Checks: Upon notification from the Project Manager for the City that plans are available for review, CENTRA will initiate the plan check procedure outlined in the schedule. below. • CENTRA Staff Assigned: Rae, Morgan, Administrative Staff. 2. Proiect Mana_, ement: Provide monthly project status report to the City. • CENTRA Staff Assigned: Arils, Rae, Administrative Staff. QLPE SERVICES - page 9 of 11 • Plan Checks • CENTRA will arrange for pickup of plans within one (1) working day of written notification from the Gity that plans are available far review, at no charge to the City; • CENTRA will initiate each plan check within one (1) working day of receiving the 100% plan set package from the City. CENTRA will advise the City in writing that the plan check has begun, by a-mail, within two (2} working days of receiving a plan set; • CENTRA will perform an initial review of the City design review checklist and notify the City of any missing or inaccurate submittal documents within one {1) working day of notifying the City that a plan check has been initiated; • CENTRA will review each plan set and issue an approval or comment letter in accordance with IDAPA and City requirements within five (5} working days of beginning each plan check.. Approval letters will include a completed, sealed, dated and signed copy of the DEQ QLPE checklist; and • CENTRA will arrange for delivery of approved plans to the City within one (1) working day of issuing the QLPE approval letter electronically. General • CENTRA will maintain frequent verbal and written contact with the City during plan checks, especially those far which comments are issued in lieu of approvals. CENTRA will contact the Gity immediately to resolve review issues. • A monthly project management report will be provided by CENTRA summarizing the projects reviewed, budget status and any issues of-note, such as IDAPA rule or QLPE policy changes (i.e. revision of QLPE checklist). Staff CENTRA will assign the following staff to the project through the life of the agreement: If Consultant desires to change staffing it must give the City 30 days written notice. Charles W. {Chas) Ariss, P.E. - VP/GQO/Chief Engineer • Areas of responsibility: Prajectlcontract management. Stephen H. Rae, P.E. -Environmental Engineer • Areas of responsibility: Plan check reviews. Ryan Morgan, P.E. -Civil Engineer/Computer-Aided Drafting Technician • Area of responsibility: Plan check review alternate. QLPE SERVICES - page 10 of 11 • Attachment B PAYMENT SCHEDULE QLPE Plan Check Services A. Total and complete compensation for this Agreement shall not exceed $50,000. Fees will be billed for actual plan sheets reviewed at a rate of $235.00 per sheet. Fees will be billed monthly for completed tasks only. TASK DESCRIPTION AMOUNT A, Plan check services per the specifications above. $235.00/Sheet TOTAL NTE $50,000.00 QLPE SERVICES - page 11 of 11 MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. SD REQUEST 2008-2009 FINANCIAL AUDIT AGREEMENT WITH EIDE BAILEY, LLP FOR A NOT-TO-EXCEED AMOUNT OF $40,300.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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: SEI OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. • AGREEMENT FOR FINANCIAL AUDIT SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 22nd day of December , 2010, 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 Eide Bailly, LLP, hereinafter referred to as "CONSULTANT", whose business address is 877 W. Main St., Suite 800, Boise, ID 83702.. INTRODUCTION Whereas, the City has a need for services involving Professional Government Financial Audit Services; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to 08-09 Financial Audit w/Eide Bailly - page 1 of 16 • any work which is copyrighted by the Consultant, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's 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 Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. • 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Time & materials basis as provided in Attachment B uPayment Schedule" attached hereto and by reference made a part hereof for aNot-To-Exceed amount of $40,300.00. 2.2 The Consultant shall provide the City with a monthly statement , as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. • 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to 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, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, 08-09 Financial Audit w/Fide Bailly - page 2 of 16 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services or unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the 08-09 Financial Audit w/Fide Bailly - page 3 of 16 minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, 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 Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Eide Bailly, LLP Attn: Kevin Smith 877 W. Main St., Ste 800 Boise, ID 83702 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. 08-09 Financial Audit w/Eide Bailly - page 4 of 16 7. Attorney Fees: Should an liti ation be commenced between the arties Y g p hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or 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. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the 08-09 Financial Audit w/Fide Bailly - page 5 of 16 CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any 08-09 Financial Audit w/Fide Bailly - page 6 of 16 payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. Construction and Sev®rability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not afFect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advic® of Attorn®y. Each party warrants and represents that in executing this Agreement. It has received independent legal advice from ids attorney's or the opportunity to seek such advice. 19. Entire Agre®m®n~ This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. 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. 21. Approval R®quir®d: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: ~~ /~ • ~-~ ~h a~l,~ ~~~~,~.; a~~ Ana y~c EIDE BAILEY, LLP ~,, sue,. BY: Approved by City Council:_ la~~ ~ ~ Attest: ~'~ ~~~+ 9 ~o' JA EE LMAN, CITY CLERK "'-, p r ~s~ •~ ~,~~' ,~ Q. ~. ''~-, ~ c~ , ~a,,,,~. 08-09 Financial Audit w/Eide Bailly - gage 7 of 16 ~P-pproved as to Co to t BY: KEITH WATTS, PURCHASING AGENT Dated: 12 - 2 ~- - C~ Approved as to Form CITY ATTORNEY • Department Approval NAME: Stacy Kilchenmann TITLE: CFO Dated: / a/ a a/ o g 08-09 Financial Audit w/Fide Bailly - page 8 of 16 Attachment A SCOPE OF SERVICES 2008-2009 FINANCIAL AUDIT October 29, 2009 Stacy Kilchenmann City of Meridian, Idaho 33 East Broadway Avenue Meridian, Idaho 83642 We are pleased to confirm our understanding of the services we are to provide City of Meridian, Idaho for the year ended September 30, 2009. We will audit the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of City of Meridian, Idaho as of and for the year ended September 30, 2009. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to accompany City of Meridian, Idaho's basic financial statements. As part of our engagement, we will apply certain limited procedures to City of Meridian, Idaho's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: Management's Discussion and Analysis. 2. Statements of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual -General Fund. 3. Notes to Required Supplementary Information. Audit Objectives 08-09 Financial Audit w/Fide Baill - a e 9 of 16 Y P9 The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. Our audit will be conducted in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of City of Meridian, Idaho and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of the audit committee, management, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that City of Meridian, Idaho is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Meridian, Idaho and the respective changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. You are responsible for management decisions and functions. As part of the audit, we will prepare a draft of your financial statements and related notes. In accordance with Government Auditing Standards, you will be required to review and approve those 08-09 Financial Audit w/Fide Bailly - page 10 of 16 financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further, you are required to designate a qualified management-level individual to be responsible and accountable for overseeing our services. Management is responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. Management's responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Management is responsible for establishment and maintenance of a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits or other engagements or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, and the timing and format related thereto. Audit Procedures-General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or 08-09 Financial Audit w/Fide Bailly - page 11 of 16 employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures-Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under professional standards and Government Auditing Standards. Audit Procedures-Compliance 08-09 Financial Audit w/Fide Bailly - pa a 12 of 16 9 As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of City of Meridian, Idaho's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on complianc issued pursuant to Government Auditing Standards. Audit Administration, Fees, and Other e We may from time to time, and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers. We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to City of Meridian, Idaho; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. If you intend to publish or otherwise reproduce the financial statements and make reference to our firm name, you agree to provide us with printers° proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Additionally, if you include our report or a reference to our firm name in an electronic format, you agree to provide the complete electronic communication using or referring to our name to us for our review and approval prior to distribution. This engagement letter includes your authorization for us to supply you with electronically formatted financial statements or drafts of financial statements, financially sensitive information, spreadsheets, trial balances, or other financial data from our files, upon your request. 08-09 Financial Audit w/Fide Baill - a e 13 of 16 Y p9 The audit documentation for this engagement is the property of Eide Bailly LLP and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to granting agencies or their designee, a federal agency providing direct or indirect funding, or the United States Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Eide Bailly LLP personnel. Furthermore, upon request, we may provide photocopies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the United States Government Accountability Office. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Kevin Smith is the engagement partner and is responsible for supervising the engagement and signing the report. Our fee for these services will be at our standard hour) rates lus out-of- ocket costs Y P p (such as report reproduction, typing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $40,300. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Should our relationship terminate before our audit procedures are completed and a report issued, you will be billed for services to the date of termination. All bills are payable upon receipt. If collection action is necessary, expenses and reasonable attorney's fees will be added to the amount due. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2008 peer review report accompanies this letter. 08-09 Financial Audit w/Eide Baill - a e 14 of 16 Y p9 The following procedures shall be used to resolve any disagreement, controversy or claim that may arise out of any aspect of our services or relationship with you, including this engagement, for any reason ("Dispute"). Specifically, we agree to first mediate before pursuing any other legal remedies available. All Disputes between us shall first be submitted to non-binding mediation by written notice ("Mediation Notice") to the other party. In mediation, we will work with you to resolve any differences voluntarily with the aid of an impartial mediator. The mediator will be selected by mutual agreement, but if we cannot agree on a mediator, one shall be designated by the American Arbitration Association ("AAA"). The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the Dispute. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. Either party may commence other legal remedies on a Dispute after the mediator declares an impasse. If any Dispute has not been resolved within ninety (90) days after the written mediation notice, the mediation shall terminate and the Dispute will be settled by other legal remedies. 08-09 Financial Audit w/Fide Bailly - page 15 of 16 Attachment B PAYMENT SCHEDULE 2008-2009 Financial Audit • A. Total and complete compensation for this Agreement shall not exceed $40,300.00. Fees will be billed for actual time worked per the rate schedule below. Fees will be billed monthly. TASK DESCRIPTION AMOUNT A• Standard hourly rate for audit services. $100.00/Hr B. C. D. E. F. G. H. TOTAL $40,300.00 08-09 Financial Audit w/Fide Bailly - page 16 of 16 • • • MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. 5E REQUEST IRRIGATION EASEMENT BETWEEN MERIDIAN DAIRY AND STOCK SHOWS AND THE CITY OF MERIDIAN FOR THE SPLIT CORRIDOR PUMP STATION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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: SEE ATTACHED Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. OAVID NAYARRO AMOUNT .00 ~ BOISE IDAH01~109 0203 PM DEPIliY 18c~ Allen RECORDED-REQUEST OF III II~IIIIIIIIIIIIIIIIIIIIIIIIII I III C1iY of Meridlen 109142060 • IRRIGATION EASEMENT THIS INDENTURE, made this 8 day of December, 2009 between the Meridian Dairy and Stock Shows, Inc, hereinafter called the Grantors, and the~City of Meridian, Ada County, Idaho, hereinafter called the Grantee; WTTNESSETH: WHEREAS, the Grantors desire to provide an irrigation easement on the property bounded and described herein; and WHEREAS, the irrigation easement is to be used for the location of a pump house for the Split Corridor landscape irrigation system, a pofion of which is adjacent to property of Grantor, and WHEREAS, it will be necessary to maintain and service said pumphouse 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 an easement for the construction, operation, maintenance, repair, replacement of an irrigation pump house upon the following descnibed property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of an irrigation pump house and facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance ,Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of sand easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and descn'bed tract of land, and that they have a good aad lawful right to convey said easement, and that they will warraat and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Irrigation Easement EXHIBIT A I1ZRiC~ATION DESCBiPTION F081`i8~ .. CITY OF 1~RI®lIAN An easem~t for itrlgatlon proposes losstted in the NW '/. of Section 18, Tovv~hip 3 ... North, lie 1 East, Hoise Meridian, Ada ~~ ~-. mam particaalarly described as follows: Com~oaentdng at a brass cap monument marking the soIy comer of said NW from which a brass cap monument m~ng the northwesterly comer of said NW Ya beats N 0°48'48" E a distance of 2654.31 Thcece N 0°48'48" E along the welly bozndaq- of said NW % a distaaoB of 1380.03 feat to a pout; Thence leaving said westmly boundary 5 89°11'1Z" E a distance of 549.64 feet to the POINT OF BEOINNINO; Thence S 75°57'23" E a distance of 15.38 feet to a point; Thencss S 1°15'51" W a distance of 13.37 feet to a point; Theacs3 S 89°55' 16" W a dish of 15.00 feet to a point on the easterly fight-of way of Main Street; Thence N 1°15'51" E along said easterly right-of-way a distance of 17.12 feet to the POINT OF HEOINNIN(1. 'This parcel contains 0.005 acres (229 square feet) and is subject to any other easements existing or in use, Prepared by: G41ena K. Hennet~ Pi~~' Civil Survey Consultants, Inc. November 20, 2009 • IN WITNESS WHEREOF, the said Grantor hereunto subscn'~d their signatures the day and year fast herein above written. GRANTOR Cooaty ofAda ) On this 0 ' h day of D L C ~M 6Y 2~, yefore me, t>io andersi~ned, a Noffiry Fv61ic in sod for said Steto, petaoaaIIY appeased Hans Bruijn and Gerry W. Mattison, !mown or identified to the to be the President and Secretary, r~pectiveiy, of the corporation that execnted the within instroment, and acknowhulg~ to me that snc6 oorporadon executed the ate. _.••••._ I have hereunto set my hand and aflitced my official seal the day and year 8st above written. G1~stPruiizL (,.`7~~ NOTARY PUBLIC FOR IDAIiO Resrdmg at FYI '~ Y't. O ~~l'D ComIDtssiOD Expires: 0 O ~ GRANTEE: CITY OF MERIDIAN wles~"// t ~Lf.K~f.N. (A~GT7~ ~~~ ,,,..~~~~~~~~~~~rrr~~ ~rFO Attest by cee Holman, city clerk = ` -_ Approved By City Council On: 0101 ~~ s~~ c y '-, 9 r ts't ~ ~ ~~`~ ,, O ~~o~. ~. q C' STATE OF IDAHO,) p~~~~'''/0-r-tt,,,````~~ . ss. County of Ada ) L`~1.t1 'iA•aG~n this _~day of ~I QCem tie/ . 20~ before me, tae ~dersigned, a Notary Public io and for said State, personally d JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho. and who executed the w~rin instrument, and aclmowhxlged to me that the City of Meridian executed the same. IN WETNESS WEIEREOF, I have hereunto set my hand and affnred my official seal the day and year first above written. ~••~ •••• (SEAL) ~~ S' ~ ~ +p~a~i~~ NO ARY PUB C FOR IDAHO • ; KP. Residing at • ~ ~ • Commission Expires: Ol • ~ ~ r • • ~~• ~a ^ i • V. 1O • • • EXHIBIT B MERIDIAN CITY COUNCIL MEETING December 22, 2009 • APPLICANT ITEM NO. 5F REQUEST CONTRACT AMENDMENT WITH BILLING DOCUMENT SPECIALISTS TO EXTEND UTILITY BILLING SERVICES FOR AN ADDITIONAL YEAR PER THE EXISTING AGREEMENT DATED 10/1 /O6 FOR ANOT-TO-EXCEED OF $200,000.00 AGENCY COMMENTS CITY CLERK: CITY FINANCE: SEE ATTACHED CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Mayor Tammy de Weerd City Council Members: Keith Bird brad Hoaglun Charles Rountree David Zaremba December 14, 2009 MEMORANDUM TO: Mayor and City Council FROM: Karie Glenn, Utility Billing qo° U~ i ~' ` OQ RE. Contract Amendment for BDS services b~ b't `~'~~ `,,~~~ BDS (Billing Document Specialists) is the services provider for the printing and mailing of the City of Meridian's utility bills, online payment system, posting of all payments sent the lockbox and the most recently added phone payment service provider. I am requesting an amendment to exercise option to renew a previously signed contract with BDS dated, October 1, 2006. This amendment would modify the dates in order to allow BDS to continue as our service provider through FY2010. The amount anticipated for FY20I0 is $200,000.00 which is also included in this amendment request. Recommendation: Approve the amendment to exercise option to renew the contract with BDS for another fiscal year. Authorize the Mayor to sign and the City Clerk to attest. Utility Billing Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-888-4433. Fax 208-887-4813. www.meridiancity.org E IDIAN~- 1 D A li~ • CITY OF MERIDIAN CONTRACT AMENDMENT CONTRACTOR NAME: DEPARTMENT NAME: Billing Document Specialist Flnancs ADDRESS: ADDRESS: 915 Main St, SuUe 1000 33 E. Broadway Caldwell, ID 83605 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Amendment Date: 4/28/08 Previous Amendments: 2 . Current Contract Dates: START: 10/1/200$ COMPLETION: 9P30/2009 Current Contract Amount pndus/ve ofPrevlous Amendments to Date): 5174.100.60 CHOOSE ONE AMENDMENT COLUMS BELOW, either °STANDARD AMENDMENT" ®r "AMENDMENT TO EXERCISE OPTION TO RENEW" and check off any applicable amendments under that column. STANDARD AMENDMENT AMENDMENT TO EXERCISE OPTION TO RENEW (Check ell that aoc/v) (Check all that AAa/v) Amendment to Contrail Performance (Scope) _ Amendment to Contrail Performance Amendment to Contrail Dates X Amendment to Contrail Dates Amendment to Contrail Amount ~_ Amendment to Contrail Amount Other. (Explain) Other. (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all re/evaM documentabbn deta/ling amendment: Renew on final a nmment dated 10-1-2006. Item Aces per ro I attached. NEW CONTRACT INFORMATION: Amendment Date: 12/1/08 New Contract Dates: START: 10/1/2009 COMPLETION: x/30/2010 Amount of Amendment Change $ 200.000.00 Currant Contract Amount pncluslve of Previous Amendments to Date): $722.301.80 ALL OTHER TERMS AND CONDITIONS OF THE ORIGNAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERIDIAN BY: ~ CL. rl . ~ ~ --`-- Dated: la'a}'C7°l ,~~inurrry~ Approved by Coundl• ~~~ ~/,q~ .` t~- O `` ~~ Attest: ~ /1 JAYCEE H~°1L.MAN, CITY ~~~~+ _ ~ err '``~ o iS'f • OQa` oa.~~ > ~°s LLIN ENT SP T w .~ Dated: ~ ~ ~~f~-~~ Approved by ity as C nt rrt BY: KEIT ATTS, PURCHASING MANAGER i ,~ BILL !I Y61 T UCUA I El V F S Pf Cl A L l S T S CUSTOMER SERVICE AMENDMENT TD AGREEMENT with City t>«f Mellldian THIS AGREEMENT is made by and between BILLING DOCUMENT SPECU~LISTS, hereafter referred to as BDS, located at 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws of the State of Idaho. and City of Meridian, hereafter refen~d to as CLIENT. This renews[ amends the original agreement dated 10,"1.'06 and will extend services through 913U~]0. This agreement shall be subject to the following outlined, terms and conditions: Summary of Services: • __ Statemer>tt Rrocessing_ - _- - First Page 0.18 each Includes print, fold & Insert, # 10 Double window & tinted # 9 return envelope Additional Pages 0.13 each Merged like names or names & addresses to save postage up to 7 pages per envelope Manual Files 0.21 each merged mailings over 7 pages to flat envelopes fastforwarding 5.50 - 7.50 Per Data File UPSP NCOA moved address changes, including update reports and opt out options. Cost depending on file size Postage 0.34 each average USPS postage at cost for all mailings „~_. lotkbox $ervlCest .... _ - Postings 0.08 per transaction Receive mail, open, scan, post to the web, electronically deposit funds and create import file to A/R Web postings 0.01 each Post pdf images of the billing statements to the BDS Admin Web site / on line payment site. • On line check 0.10 per transaction Set up programming with each processor to receive data files of transactions, previously received as paper checks, processor then ACH deposits the fund direct to the Bank. Shredding 10.00 month BDS has all checks and documents shredded per regulations. P O Box Rental at cost 6 month rental on UPSP P O Box for receipt of payments E Pay / E Statements E statements 0.25 each Customer who sign up for E statements, no paper statement is created, email notification sent. Maintenance 90.00 month Maintenance for on line web and OTC payment solutions. Processor Fees Nx en / Authorized.net will invoice the City direct to all processing fees far Credit Cards. Profit Stars /lack Henry Associates will bill the City direct for all check processing fees. BDS will be the direct customer service link to these processors. By signing below the Client will accept the extension of the services as detailed for the next fiscal year t}ctober 1, 2009 to September 30, 2010 at the unit pricing proposed in this notice. At the end of this period, the agreement may be renewed with reviews by both parties. All other terms and conditions of the agreement remain the same. • eos ~ _ ex~~vrsv~crai~s~s "' .. BILLIM60flCUAlEHI SPfCI>~LISTS ~^`~` ~ ` ,, -` -~ : tom.. ~- a ~. 1 1 ,! 1 ~ d` ~~~~^,J`'l~Y~r~T~`is 7F-L~:~~l~~t ~x ~ $~~4 ~~,.~ rr~ r/ yiC .. ?~. r ~~v ~ia`tr k '~~'tr~ `i~" ~'' ~ s~ ~ '~''; ~ ,if~ ~. ~. ~,;ti i ~'jr~-~.~ r 5:. Aceeptance for: Signature Date Please Type or Print Authorizing Party Name Acceptance for: Billing Document Specialists Signature Date 10-30-2009 ~~ ~ pHIrULLTb & SEINII.'E5 arodhrlw ced LarrGbs • • MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. SG REQUEST CHANGE ORDER #1 TO TASK ORDER.#0663A CREEDSIDE ARBOUR LOMR WITH CH2M HILL DATED 12/4/08 FOR RESPONSE TO FEMA COMMENTS FOR A NOT-TO-EXCEED OF $7,800.00 AGENCY CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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: COMMENTS SEE A7 OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cfly of Merldlan. ~ ~~i'~E IDIAN~-- Public ~ D A H O WOrks Department TO: Mayor Tammy de Weerd Members of the City Council Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba FROM: Kyle. Radek, PE DATE: 12/ 10/09 SUB.IF.CT: CONSENT AGENDA ITEM: CHANGE ORDER #1 TO TASK ORDER 0663A, CREEK SIDE ARBOUR LOMR WITH CH2M HILL, DATED 12/4/08, FOR RESPONSE TO FEMA COMMENTS FOR A NOT TO EXCEED AMOUNT OF $7,80Q. I. RECOMMENDED ACTION A. Move to: l . Approve Change Order #1 to Task Order 0663a, Creek Side Arbour LOMR with CH2M Hill for a not to exceed cost of $7,800; and 2. Authorize the Mayor to sign the change order. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, Engineering Manager 489-0350 Kyle Radek, Asst. City Engineer 489-0343 III. DESCRIPTION A. Back rg ound In accordance with the requirements of the National Flood Insurance Program and guidance from FEMA, the City has submitted a Letter of Map Revision (CONK) to FEMA to reflect changes to the mapped floodplain of Fivemile Creek. FEMA has commented on the submittal, asking for clarification and additional information. This change order will permit the consultant to review Page I oj3 • and respond to FEMA comments in order to move the LOMR application forward. B. Proposed Project The project is the addition of review and response to FEMA comments to the existing Fivemile Creek LOMR Task Order. C. Consultant Selection Since this is a change order to an existing task order, the consultant will be the same that performed the task order. IV. IMPACT A. Strate ig c Impact: This project is needed to satisfy our obligations under the National Flood Insurance Program which serves our vision of being members of Community Rating System (CRS). • B. Service/DeliverX Impact: This project will improve our standing in the National -Flood Insurance Program which will provide better delivery of this service to owners of property in Meridian's flovdplains including reduced insurance rates once CRS membership is obtained. C. Fiscallmpact: Proiect Costs --Change Order $7,800 Total $7,800 Proiect Funding Surface Water Program 1840-55182 $125,000 • V. ALTERNATIVES A. The City could attempt to respond to FEMA's comments in house. The comments are generally of a technical nature and. only those who have developed the hydraulic models have the expertise to respond. Staff has limited experience with hydraulic modeling and did not perform the modeling on this project, therefore, it would be more effective to have the consultant that completed the model provide the response. Page 2 of 3 • B. City staff could hire a different consultant to respond to FEMA's comments. Even though other consultants are capable of performing hydraulic analysis and responding to technical comments from FEMA, it would probably not be cast effective to bring a different consultant on who has no previous experience with the project. VI. TIME CONSTRAINTS Council's approval will allow us to respond to FEMA's first series of eomnnents by their deadline of Feb 25. If this deadline is not met, the LOMB application will be suspended. VII. LIST OF ATTACHMENTS A. CH2M Hill work plan. B. Change Order #1 r. ,r~ ` 1 !f~ `f Approved for Council Agenda: ~ "~ • t/!` a ~ ate Page 3 oj3 CM211 HRt. 322 East Front Street SuRa 20p Boroe,10 83702-7359 CH2M H I LL rw 2ot:.3~s.1s,u Fs>t 201.346.63,6 l~tovember 20, 2009 Kyle Radek, P_E. Assistant City Engineer City of Meridian 33 E. Broadway Avenue, Suite Z00 Meridian, ID 83642 Subject: Work Plan for Review of FirMA [.OMR Comments: Fivemile Creek Dear Kyle: This lettier ser+res as a work plan and budget for providing technical review of the City's FEMA analysis. Per our discussion on November 9, 2009, we have scoped three tasks related to this work; each task is a review of FEMA comments and a response do those comments. Because we do not yet know what FEMA's comments may be, we assumed 22 hours far each review, and the majority of these hours are for Joe Young's time with the model. This estimate is based on LOMB responses we have developed en other projects. Based nn this uncertainty, Meridian will only be charged for the time needed to complete the review and response. If FEMA's requests require more time than we have assumed, we wi11 contact you prior to beginning work with a revised estimate of effort. Our proposed budget for the scope is presented below and includes costs associated for the review. The scope of work will be conducted under the terms and conditions our existing Standazd Agreement for Professional Services dated April 4, 2006. task Number and Name Budgst 1. First FEMA Request !Review 52,800 2. Second FEMA Request! Review $2,600 3. ThiM FEMA Rt~quest /Review $2,600 TOTAL 57,800 Please feel free to call me if you have any questions at 208.383.6355_ Sincerely, CIi2M HiLI. ~k...:ne ~.... r~.~ ~3-._.,,-.., Sherrill Doran Mark Bransom Project Manager Vice President C7 CITY OF MERIDIAN 33 EAST BROADWAY AVENUE MERIDIAN. ID 83642 Change Order No.: i 1 Project Number. ~' Orb Date: 2/11/20.8 ®oate: CONTRACT CHANGE ORDER • • CONTRACTOR: . CH2M HILL PROJECT: 'Ir~S"Irle Arbour LOMR _. The Contractor is hereby directed to malts the following changes from the Contrail Document artd Plans. Desctptlon: 1) ;Additlonal ~arvices as required to respor-d to tiENi~1 cdmmer~ on the LOMR subm~ltal. }~.~ change ~:~ will fund up to three It~i; raat[c~ of ~P9t4 ,p4{f~rr-e - - _. Reason for Change Order: F .has r~eiveti ;LON[R submittaf'comptetea by consultant and has, r?squested additional or updated information. R _ ~ - :.- - - -._ _ _ _._ ___... ~:,-- --- __ . - i Attachmerrls: _ _.._ Corrlmer~ts Fivemile Creei~ _ _.. 1~orlc pl~~l 'FoR~vie-ly of FEMA LOtUIi~ ~ . CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contrail Price: ' ` ,$1578.42 Original Contract Completion Date: Or~hral Centred Com letion Days: ._~ -• -- Net changes form previous C.O: s.: Net Days drartge brm previous C.O.'s: No. 0 to Q No. Q to Q F $0.00 Contrail Price Prior to his C.O.: Connrail Completion Date betore th~a C.O.: _ . , $16,578.42 Net Increase (decrease) of the C.O.: Net Days Increase (decrease) of this C.O.: _ . , _ _ _ $7800.tl0 Contrail Price w~h ap Approved C.O.'s: CorKrad Completion Date with all Approved C.O.'s: t `cum ......_._ ~~.._. $24378.42 RECOMMENDED: (PROJECTMUWAQER) ACCEPTED OR) i~"~'~ Date: ~7/~i~ p' ~ By: '~ Date: ~y, ~ APPROVED: (CnY PURCHASING AGENT) COUNCIL APPROVAL By: Keith WetGS ~~~~w~uiu~p~ ~ (~ ~ ~~~~''~/~~ Date: i Date: .~~ ~~ ~~ ~~~ .~~ v r ~- APPROVED: (CITY) /~ ATTE ~' ~_ t L ~ B ~ r Y Date: 1 a ~'a - ~1 Q~ By: City Clerk, J Hotmag th Date: I ~ ~}1 ~09 ~~ '~`~ ~ .• . ,,, eov~ . ;,, . MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. SH REQUEST TASK ORDER #071 1A WITH HYDRO LOGIC FOR WELL #18 EVALUATION PER MASTER AGREEMENT DATED 2/18/07 FOR NOT-TO-EXCEED OF $11,583.00 AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: • MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: SE Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i ~~i'~E IDIAN~- Public IDAHO • Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, P.E. Assistant City Engineer DATE: 12/8!2009 Mayor Tammy de Weerd {ity Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: CONSENT AGENDA ITEM FOR NEXT AVAILABLE COUNCIL MEETING: TASK ORDER 0711A WITH HYDRO LOGIC FOR WELL #1$ EVALUATION PER MASTER AGREEMENT DATED FEBRUARY 18, 2047 FOR AN AMOUNT NOT TO EXCEED X11,583. I. RECOMMENDED ACTION A. Move to: 1. Approve the task order for Well #18 Evaluation with Hydro Logic, Inc. in an amount not to exceed $11,583 and; 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CQNTACT PERSONS Clint Worthington, Staff Engineer (Project Manager) Kyle Radek, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works • 489-0349 489-0343 489-0350 489-0372 Page 1 oj3 • III. DESCR[PTIUN A. Background The City has recognized that the steel casing used in: wells prior to 2002 is prone to corrosion and associated water quality problems. In the last three years, Wells #17 and #14 have had to be reconstructed and lined with PVC casing because of corrosive break-through of the steel casings after as few as 9 years of use. The City is taking a preventative approach to steel easing wells and evaluating their condition after 10 years of use. This evaluation aides in an earlier diagnosis of corrosive breakthroughs which results in lower costs of reconstruction and increased water quality. Eight of the City's wells since 2002 have been constructed with PVC casing to eliminate the problems due to corroding steel casings. B. Proposed Project This project is for the evaluation of Well #18. Well #18 was constructed with a steel casing 11 years ago and has been observed to have many of the same characteristics as Well # 17 which had to be reconstructed after 9 years. • IV. IMPACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial. stewardship. This project is in line with our preventative approach of evaluating steel casing wells at ten yeaz intervals. These evaluations allow for the early diagnosis of corroded casings which in tum limits service interruptions and reduction in capacity. Early diagnosis also decreases cost of rehabilitation efforts. B. ServicefDeiiverv Impact: Evaluation of Well #18 gives knowledge of its current condition and allows for rehabilitation before potential breakdowns and reductions in capacity. Rehabilitation (if needed) reduces service interruptions to customers and cost once breakdowns occur: C. FiscalImpact: ~J Project Costs Consultant Agreement $11,583 Page l of 3 Pro'ect Fundin Enterprise Fund for Well Assessment $40,000 V. ALTERNATIVES A. The City could defer the evaluation of Well #18 and risk reductions in capacity, service interruptions, and costly breakdowns B. The City could choose not to evaluate Well #18 which would result in the same risk of reductions in capacity, service interruptions, and costly breakdowns. Vi. TIME CONSTRAINTS Council's approval will allow for the evaluation during the off peak demand season where the well can be temporarily offline without service interruptions. J VII. LIST QF ATTACHMENTS A. Consultant Agreement ~ ? Approved for Council Agenda: L :~rl y v to Pcege 3 of 3 TASK ORDER N0.0711 a CITY OF MERIDIAN (OWNER AND HYDRO LOGIC, INC. (HYDROGEOLOGIST) This Task Order is issued by Owner and accepted by the Hydrogealogist pursuant to the mutual promises, covenants and conditions contained-in the Agreement between the above named parties dated February 18, 2007. CITY OF MERIDIAN MUNICIPAL WATER SUPPLY WELL NO. 18 EVALUATION PURPOSE The Hydrogeologist's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Hydrogeologic Consulting Services per the Consultant's proposal dated December 7, 2009. The City of Meridian recognized in 2002 that the steel casing used in its municipal supply wells was prone to corrosion and associated with water quality problems such as staining and encrustation. City Well #24 was the first water well completed using PVC plastic well casing in July of 02. Eight of the City's supply wells have now been constructed with PVC casing. Since the change in well casing materials, it has become apparent that the City was co ect in its assessment of the lowered quality of off-shore steel and in the last three years, Wells #17 and #14 have had to be reconstructed and lined with PVC casing because of corrosive break-through (holes} of the steel casings after as few as 9 years of use; an expensive and difficult task. Although the City took pre-emptive action to address the observation of premature casing failure, it now needs to look back at its wells completed prior to the use of PVC to evaluate for corrosion to take preventative actions if accelerated corrosion is observed. Hydro Logic, Inc. has observed that Well #18 has many characteristics, such as drilling method, bentonite seal material, and groundwater geochemistry, as Well #17 which recently had to be reconstructed. Additionally, Well #18 is only one year older than Well #17. The City has asked HLI to develop a scope of work to evaluate Welf #1$ during the winter of 2009/2010 after the high water demand season is past. TASK 1.1 -CITY WATER WELL NO. 18 f?1/ALUATION Per the City's request, Hydrogeologist will: 1} conduct ashort-term hydraulic test of the equipped well as baseline data for specific capacity and for comparison to the original specific capacity, 2) review previous down hole television surveys of the well, 3) place protective sheathing as needed on the building and roof to prevent damage, 4) tarp inside walls and protect well head plumbing as needed, 5) schedule and oversee removal of the pumping plant and have it inspected for wear/corrosion, 6) clear the water column and video inspect the 10-year-old well, 7) design cleaning program, 8) develop bid schedule, obtain quotes, and engage driller, 9) oversee and direct the. contractor's ." work, 10) video inspect the cleaned casings and well screens, and 11) develop a brief technical memorandum to the City with conclusions and recommendations. Other deliverables would be a copy of the well videos on compact disk and several down-hole still photographs of the inside of the well showing before and after. The Qwner will provide all available infomlation necessary to conduct the evaluations and develop submittals. Hydrogeologist will perform field surveys for evaluations and will serve as the liaison between the drilling contractor and the City to obtain cost estimates from contractors and to develop contractual agreements and technical specifications for the work. Hydrogeologist will inspect all tools to be inserted in the well prior to insertion. Hydrogeologist will ensure that all instruments, tools, cables, water tanks, hoses, and equipment used in the we11 are disinfected and cleaned (including heating of pipe and pumps that cannot be properly disinfected by other means. Hydrogeologist will develop any necessary change orders to the work and keep the City regularly updated with respect to the work. Hydrogeologist will also serve as inspector for the City with respect to the work including review of contractor invoices. The Hydrogeologist's scope of work and general approach to the project is described in detail in Attachment A. Hydrogeologist will work closely with the City's Public Works Department and the City's Water Department with regular a-mail updates. TIME OF COMPLETION • Hydro Logic, Inc. can commence this work on the day after City approval. The contractor portions of the work will require;two-to-three weeks at the outside. A goal of having the technical memorandum with recommendations completed within a month is reasonable. COMPENSATION The Not-To-F~cceed amount for this Task Order No. 0711 a is eleven thousand, five hundred and eighty-three dollars without any contingency f®e ($11,583). The hourly rates for senrices and direct expenses is attached (Geotechnical Services Spreadsheet - Attachment 8) and by this reference made a part hereof. CITY OF MERIDIAN HYDROGEOLOGIST BY: ~~c ~ 2-t • ED SQUIRES, YDRO L GIC, INC. Ch ark; c !Z ou,~t~u, ~.u~ ~~R Attest: `~ ~,,~,~ -, r r r r i+r,,, j~~~ i ti ,, J CE OLMAN, CITY CLERK ~~~ ~ ~, '+c~ ~ ',~~~~~COUr r~ ~`~~~``` o~ 1002 W. Franklin Street. Boise, lp 83702 {208 3~ 42-8369, lFax~342-3100, hxt~rolog~c tC~,gwest.net • December 7, 2009 Attachment A. Mr. Kyle Radek. P.E. Public Works Department City of Meridian 33 East Broadway Avenue Suite 200 Meridian, Idaho 83642 Geotechnical Evaluation, Testing, and Inspection Services for the City of Meridian's #18 Municipal Supply Well Dear Kyle: I have developed a scope of work, and estimated costs to work with the City on the evaluation and inspection of the City's #18 supply well. The well was constructed 10 years ago and has had the same pumping plant with no well maintenance over that time period. Of especial concern to the City is the observed occurrence of severe corrosion of steel well casings in the Meridian area and that at least two of the City's water supply wells have required expensive reconstruction within the last two years that might have been avoided {or at least made easier and less expensive) by an earlier diagnosis. Beyond the primary reason for evaluation of the City's steel cased wells, it is generally recognized that rehabilitative .maintenance of water supply wells is best carried out on a 5-'0-10 year frequency owing to improved redevelopment results and lower costs of redevelopment by not waiting until a significant reduction incapacity does occur. Additionally, the City does not want to repeat the interruption to major well production in an unplanned way during peak demand season when most breakdowns occur and when it is more difficult to schedule contractors. It is our experience that the encrustation that forms on the inside wall of the steel casing. promotes corrosive breakthrough if left alone.. In any case, it behooves the City to attempt to identify the contributing factors to this corrosion by study and detailed observation and to take steps as necessary to avoid expensive reconstruction of wells. It has. been our continued experience that wells in service for this length of period will have significant encrustation of the inside walls of the steel casing that will preclude inspection for corrosion until the casings are cleaned. Indeed, it is under the thickest nodules of encrustation that the most extensive corrosion appears to occur. Our general approach is hands-on with concerted efforts to: 1) prevent damage to the existing infrastructure, 2) to ensure disinfection of all tools, instruments and equipment to be used in the well, 3) to prevent the occurrence of iron bacteria, 4} to secure and prevent down hole damage to the well, 5} to document procedures, and 6) to obtain the best value for the City from its contractors and consultants. By following these procedures for the last • 1 S years, we have not observed iron bacteria or any other bacterial problems in Meridian's wells even though these problems are common in the other Valley municipal systems. I have tabulated the costs to complete the work as a single project on the attached spreadsheet. The cost estimates are considered maximum amounts and I would recommend a 15 percent contirsgen~y owing to the inherent unknowns of subsurface work and older well construction. We stand ready to commence the work right away and to proceed continuously to completion of the project without interruption. The fallowing narratives correlate with the spreadsheet tasks to e~cplain, in more detail, the scope of work. 1 Review Existing Data and Conduct Short Pumping Test Existing hydrogeologic data, hydraulic test results, the details of well construction, videotapes, field notes, and groundwater geochemistry will be reviewed and evaluated. This task includes a site visit to conduct a short draw down test of the well, measure non- pumping water level, and to document field-measured water chemistry parameters. These data will be used as baseline data to compare to the original pump testing and specific- capacity ofthe well and, also, to gage the effectiveness of any recommended re- developmentprocedures. This pumping test will allow performance evaluation of the installed pumping plant. ($ 778) 2 Protect Building and Facilities Over the years, we have realized that protecting the pump house buildings during well maintenance and pulling/installing pumping plants is far more effective than having to repair damages after the fact. The heavy and long well tools and inexact controls on well rigs generally cause damage not too mention staining from lubricants, bailed materials, etc. Because the tools must be inserted and withdrawn through the roof hatch, there is much opportunity to damage the asphalt shingle roof, metal siding, and block exteriors, On the inside of the building, the existing plumbing, wall paint and controls are easily damaged and soiled without basic preventative measures that are easy to effect. We have not had any damages since implementing these procedures several years ago. Cost includes removal of sheathing at the end of the project {$ 1,783) 3 Quote, Hire, Schednle, and Qversee Pumping PIant Removal and Inspection A quotation will be obtained from pump contractor and- arrangements made to remove, transport, and store the existing pumping plant. Depending on the condition of the plant, recommendations far sale, storage, or rebuilding/maintenance of the pump will be developed. We feel it is important to have an inspector on site as the plant is removed to directly inspect conditions/operations and to direct the contractor. ($ 658) 2 ~i 4 Conduct Video Inspection of the 10-Year Old Well This includes a thorough underwater video inspection of the entire inside wall of the well including casing and screens prior to any work on the well. Arrangements will be made to clear the water column to ensure the best picture. The videotape will be reviewed, copied, and submitted to the City with a complete set of field notes, down hole still photographs, and a short one-to-two page memorandum of observations. Pre-inspection is an essential task in any well evaluation that any consultant and/or contractor should insist on prior to any work to 1) be able to design the most appropriate cleaning program without damage to the well, 2} to avoid anyliability issues from pre-existing conditions, and 3) because such an inspection is vital to understanding the down hole conditions for the long term development of the City's well maintenance program ($1,008). S Design and Specify Cleaning Techniques. Based on review of the video inspection and well construction, HLI will specify an appropriate well cleaning program to convey to the well contractor and from which to develop a bid schedule of work. ($ 415) 6 Develop Bid Schedule and Engage Drilling Contractor. A bid schedule will be developed and quotes obtained from the appropriate experienced contractors. Costs will.be obtained from the most qualified candidate for all possible scenarios so that prices are not developed during the project. Sketches of effective and non•damaging tools will be developed, discussed with the contractor, and inspected by HLI prior to insertion in the well. ($1,500) 7 Oversee and Direct the Field Work, Re-Testing, and Clean Up HLI will remain in daily contact with the drilling contractor and make site visits as deemed necessary. This task includes the scheduling, oversight, and documentation of the contractor's work including site visits, tool measurements and disinfection, documenting materials and hours, and obtaining samples of scrapings from the well far potential analysis. The cleaning program and/or down hale tools may be adjusted or changed based on actual encountered conditions. Containment of bailing, mud, etc will be looked after and the site kept as clean as possible. Final clean up to pre-existing conditions will occur at the end of the project. Appropriate disinfection of all tools and equipment. will be a priority. Great attention will be given to the security of the open well and site throughout the project. The disinfected pumping plant will be re-installed in the sterilized well and a short pumping test conducted to compare to the baseline test data. Weekly project updates will be made to the City by a-mail. ($ 2,938) • 8 Conduct Video Inspection of the Cleaned Casing and Screens Immediately following the cleaning, the water column in the well will be cleared and a comprehensive side-viewing and axial-viewing video inspection will be conducted. Special attention will be paid to areas of juxtaposed dissimilar metals, welded joints, the tailpipe and other azeas of the well that have been shown over time to be vulnerable to corrosion. Survey will verify nothing was dropped into the well and that no damage was imparted to the well. Again, disinfection of all down hole equipment, cameras, well tapes, and the well itself will be looked after as necessary. ($ 1,478) 9 Develop Technical Memorandum With Documentation A short technical memorandum will be developed describing the accomplished work with conclusions and recommendations. Deliverables include a compact disk of the video surveys, field notes, water level measurements and down hole still photographs for the City's files. {$ 1,100) Respectfully submitted by: Edward Squires Hydro Logic, Inc. • N y g ~' €s ~~ y • 3 ~ o, G :'1 ~ SL ~ '~ ~ ~ a ~ o n ` ~ 5. E G-'• .~ ~ p, ~p d' O~ r~, ~ •.lcSj p~, (p J ~ ~ C ~rC X 1~. ~ 3 ~ G Q: Ci ~ O ~ C~ D tl ~ ~ ~ ~ ~ ~ ~ a ~ ~ S, ~ a X ~ ~ ~i ~ c ~. ~ ~ $ ~ p, ~ ~ ~ ~ ~ s ~ g ~ ~ ~' Z a '' ~ O ~, _ C1 ~ ~ e x ~, m ~ ~ va w w 70 N O~ 00 -• - N ~ N O Q u ~ ~ O O qy ~+ ~ ~~ N A ~ N U ~..~ o A .-. A ~' Oa ~ ~ o ~ L+ ~ ~ ~ ttl a~ E. Z ~ ~ m ~ ° W ~ . O O 3 ~ A 0Q v ~ ~ ~ OD d ~ o1q rts', C + ~ ~ ~ ~ A a a c m O A O N O O O ~ C ~ W~ a ~~ m ~ R ~ ~ `" ° ~~~ A C1 v o~vm ~. ~• C o W $ ~ In N to o ~ A ~ ~ ~ m n 'tC~ ~ o -~ ~ ~ R m ~ N O O o o ° ° b [.~ b o o ~ R < ~ ~ m ~, p C x n ~ T ~1 +1 O ~0 ~0 C O b ho (,q t5o ~0 4 ~N o c`o ,~S'p, p~ .~ A ~ O w~'~- y fD f9 • ~ 3 ~ ~ ~ g 69 o c o 0 0 c ~ N Q• ~ ~, ; ~' n A 3 ~ y A Q ~ ~ ~ O O w o ~ ~ o 0 0 ~ o o a a ~ ~ ~ ~ ~ ~ ~ A O (~ (f ~.y p/ = D. R rQ O W ~ ~g O O CO X11 ~9 00 ~' ~ l~ ~ ~ ~"~ E/l O 69 J 69 W VJ ~p ~ HI ,O ~ ~ 69 W ~ W ~ ,mot O O 00 00 O W W N I f es> • • • REQUEST FINDINGS - AZ 09-005 JJA LAND MERIDIAN CITY COUNCIL MEETING APPLICANT December 22, 2009 ITEM NO. 5I AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. SEE ATTACHED • • • MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST FINDINGS - AZ 09-009 SOUTHRIDGE-HODGES AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: SEE ATTACHED CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. December 22, 2009 ITEM NO. SJ • • • MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. SK REQUEST FINDINGS - AZ 09-004 THE BABY PLACE AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: SEE ATTACHED CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. • MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. SL REQUEST FINDINGS - AZ 09-008 MERIDIAN CROSSING AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: SEE ATTACHED CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. SM REQUEST DEVELOPMENT AGREEMENT - RZ 09-003 BAINBRIDGE AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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: SEE ATTACHED Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. C7 ADA COUM'Y REt~ADER d. DAVID NAVARRO AlIA0U11Tnn .00 nn12 OEPUTY Vle~ Allen SO{SE IDAN012~df09 O~tq P~ II~ ~~~~~~~~~~~~~~~~~~~AI~~~~~~~~~~ 11~ RECORDED-REQUEST OF 109~1420~i CNy of Meridlen • DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Investments, LL,C, as Owner, and Brighton Development Inc., as Developer (collectively "Owner/Developer'~ THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ZZ"`0~ day of ~ 2009, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Owner/Developer whose address is 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A ("Property"), which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, LC. § 67-6511A, Idaho Cade, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awrittencommitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("LTDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhri submitted an application for re- zoning of the Property, and has requested a designation of L-O (Limited Office District), under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before tine Meridian Planning & Zoning Commission DEVELOPMENT AGREEIVIENT - BAINBRIDGE (RZ 09-003) PAGE 1 OF 12 and before the Meri ' i dean C ty Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of ~e proceedings for the requested annexation and zoning designation of the subject Property held before the Plarming & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions .providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, on the 6`~ day of October, 2009, the City Council has approved Findings of Fact and Conclusions of Law and Decision and Order (the Findings); and 1.8 WHEREAS, tine Fmdingsrequirethe Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in acxordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFIlVITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPA/lENT AGREIIViENT - BAINBRIDGE (RZ 09-003) PAGE 2 OF 12 • 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Brighton Investments, LLC, as Owner, and Brighton Development, Inc., as Developer, whose address is 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of tine Properly. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned L-O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERNIII°.CED BY TffiS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved L-O zone under the UDC, as limited to those stated below in Section 5.1(1). 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with tine following special conditions: • 1. Future use of this site shall be limited to a public/quasi~public use included within an L-O zone on the City's Comprehensive Plan Future Land Use Map from time to time, including, but not limited to, the proposed church and uses associated with the church. 2. A final plat containing the subject property and portion of E. Broadbent Drive necessary for access to the site shall be recorded prior to issuance of certificate of zoning compliance for any future building on this site. The lot configuration for the subject property DEVELOPMENT AGREEMENT - BAINBRIDGE (RZ 09-003) PAGE 3 OF 12 shall be consistent with the L-O zoning boundary attached hereto as Exhibit B. 3. Future development of this site shall comply with the design standards listed in UDC 11-3A-19 and the objectives and guidelines listed in the City's Design Manual far suburban developments. The applicant shall submit an application for design review concurrently with the certificate of zoning compliance application for future building{s) on this site. b. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement must be fully signed and notarized within one (1) year after the date of the Findings or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Defsalt. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Perlod. In tine event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundr~ eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Develoger that is not cured after notice as described in Section 8.2, Owner/Developershall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific DEVELOPMENT AGREE1VIErTT - BAINBRIDGE (RZ Q9-003) PAGE 4 OF 12 Pert ts, agree , ormance of the covenan meats conditions and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of anydefault by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Develoger, priorto the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning tine Property as specified herein. 10. SURETY OF PERFORMANCE: Subject to the limitations set forth elsewhere in this Agreement, City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure that installation of the improvements that Owner/Developer agrees to provide. 11. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. DEVELOPMENT AGREEMENT - BAINBRIDGE (RZ 09-003) PAGE 5 OF 12 13. NOTICES: An notice desired b the artier and/or r aired b this Y Y P ~1 Y Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: City Clerk Brighton Investments LLC and City of Meridian Brighton Development Inc. 33 E. Broadway Ave. 12601 W. Explorer Dr., Ste. 200 Meridian, ID 83642 Boise, Idaho 83713 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 13.1 A party shall have the right to change its address by delivering to tine other party a written notification thereof in accordance with the requirements of this section. 14. 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 attorney's 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. 15. TIME IS OF THE ESSENCE: T7ne 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 other party so failing to perform. 16. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of tine garties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, DEVELOPMENT AGREENIEI~TT - BAINBRIDGE (RZ 09-003) PAGE 6 OF IZ u n written r nest of Owner/Develo r to execute a r po eq pe , ppmpnate and ecordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhis fully performed its obligations under this Agreement. 17. DITTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 18. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official} challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceeding. 19. IlWALID PROVLSION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandingsbetween Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner /Developer and City, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re-zoning of the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force ax the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Progeny and execution of the Mayor and City Clerk. i DEVELOPMENT AGREIIVIENT - BAINBRIDGE (RZ 09-003) PAGE 7 OF 12 I • ACBNOWLIDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BRIGHTON INVESTMENTS, LLC, an o limited liability company y: avid W. Turn ,Managing Member BRIGHTON DEVELOPMENT INC., an Idaho crorporation y: David W. Turnbull, President CITY: CITY OF MERIDIAN ATTEST: ;~`~~~'~y ~'qti'~''%~, ~~ ~ ~ ~~ Jaycee Holman, City Clerk ~~ .,~~~~q COI~'Y . ~O`~~~. DEVELOPMENT AGREIIVIENT - BAINBRIDGE (RZ 09-003) PAGE 8 OF 12 • STATE OF IDAHO, ) ): ss County of Ada, ) On this -~ day of ~ v 2(J09, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be tine Managing Member of Brighton Investments, LLC, an Idaho limited liability company, and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .•`' ~.t D A ~4 (SEAL.) ~ N` T`~~ ~9ir • N ..eG N'~~5. BLIC .~ • ~a.N'~ • STATE OF IDAHO,~~~"~"••~•• ): ss County of Ada, ) Notary Public Idaho Residing at• My Commission Expires: /• ~ • ~ On this day of ' ~ 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the President of Brighton Development Inc., an Idaho corporation, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •.••• t1D A K. ~•••,• (SEAL) ,'~•. ~P~~.....ati~-~.••~ ~;' r1oTq~,~ s9y' ~'r ~'~,•~ALBLiC • •' •, 9 ~~ : ' • • . . . a •'~ O ~ • •,•. '••.._ OF iD p_ .•• No bli of Idaho Residing at: ~ ~•~ My Commission Expires: !• DEVELOPMENT AGREEMENT - BAINBRIDGE (RZ (39-003) PAGE 9 OF 12 STATE OF IDAHO ss County of Ada ) On this.~a day of Caen, ~,• , 2009, before me, a Notary Public, ersonally appeared and Jaycee L. Holman, know or identified to ? ~ me to be a yor an erk, 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. •~~~~ff • • o .•CAJQ1~•. ~S~W`?', o~~~`~' '; .•~, '~ . ~ ~ . . . s . ; Q• • •~ 1G, ~. ..~~~,.. N Public rI o Residing at: ~i ~ d~~~o Commission expires:. nl - ~~ - ~1 DEVELOPMENT AGREEMII~iT - BAINBRIDGB (RZ 09-003) PAGE 10 OF 12 • EXH~IT A LEGAL DESCRIPTION OF PROPERTY ~Na~ao~.ol »~ rane24.2009 MIDGE CHUACH~1vISION APaco1~'lmlbmtafied~SBU4oiale14B1/4afSedtm27.T.4N.R 1W.. H.M, Madd(ao,Adal'~9.IdaLoaedbatn0maepatl~alQlydaaa!lbed arfoIIa~c Cm®aados ae 9ie aeollonaamar aommm to Seatloor Zjl, 23. Z6 and a7 otda T.4N.>l.1 W.; Ttreoas8oath00'?~42• West, lf11.74faetm6~~aiaoUaeoammmtoddgemlo~ 26 and 27 to the REAL >rOII~iP OI! gyp; 77~aaaaodeor~Sea>b00~O4Z• Went.l32.78~almaaidaeAionliaetn~paint (Emn~Lp~dtlmr W aeotlooeaeQereet®o~toe~8ootiona2baod276an 80002042• Wa~s69145a~ 1~ameleadagaddeeo~nl3aaNaaliflis°482f• Wmt.4Qf33E~ TL®coI~00"38'34 Ewf, X3.10 tbattetapdo<o~t0mee; 7bnms217.89 teetm9~aeasafs ~ to ~a te8,taldemvsttivL~O~mcf 1851 pp ~~°02b3~s8 ~4'ld'eoda0bmadof217.6!lbet~bem 7'><eooe3oo9~89'39't8°Bao.184Et tbetto0teaealpotrd0f6eg~ai~l~ eozmdae3 02 acrarmmamltia. 81f~.N%~ $t~ JaaieB WieLba~,!!S DEVELOPMENT AGREEMENT - BAINBRIDGE (RZ 09-003) PAGE 11 OF 12 • EXHIBIT B CONFIGURATION OF PROPERTY BwINBRtDGE SIIBDMSIVN SEC'170N 27, T.4N., R.1 W., B.M. REZOAIE FaCHIBiT EXHIBtT'A' • W. CHUVDEN ~ULEVARD (U.S. NR,~iWAY ~-Z8j S.2Z &.23 5.~7 -.S-ZB •b 4 f ~ 1 1 D } S SCALE: '!' = 180' b ~ ' ~~~ ~+~ ~ ~~ - ~ .~ ~ kas ~a~ t i _ ~~ i sv lUL 2 T ~9 j D/4 DEVELOPMENT AGREEMENT - BAINBRIDGE (RZ 09-003) PAGE 12 OF 12 MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. SN REQUEST RESOLUTION NO. 0~ -~~~o-- :ADOPTING MERIDIAN PARKS AND RECREATION DEPARTMENT ADMINISTRATIVE POLICY REGARDING USE OF METAL DETECTORS IN CITY PARKS & FACILITIES AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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: SEE ATTACHED ~Q,~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN RESOLUTION NO. l~ CI ' ~ ~ ~- BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADOPTING AN ADMINISTRATIVE POLICY OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT REGARDING METAL DETECTOR USE IN CITY PARKS AND FACILITIES; AUTHORIZING PARKS AND RECREATION DIRECTOR TO CARRY OUT SUCH POLICY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-2-3(C)(3) charges the Parks and Recreation Commission with proposing and recommending rules and regulations for the control and regulation of the use of city park grounds and facilities, subject to approval by the Mayor and City Council; WHEREAS, on December 9, 2009, the Commission did unanimously vote to recommend to the Mayor and City Council that the administrative policy attached hereto as Exhibit A be adopted as the City's approach to use of metal detectors in City parks and facilities; and WHEREAS, the Mayor and City Council find that it is in the best interest of the health, safety, and welfare of the people of Meridian to adopt such recommended policy; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Administrative Policy attached hereto as Exhibit A is hereby adopted and effectuated by the Mayor and City Council of the City of Meridian. Section 2. That the Director of the Parks and Recreation Department is authorized to carry out said Administrative Policy. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED b the Ci Council of the Ci of Meridian, Idaho, this ~ da of y ri ri y ~,~ , 2009. ,~ APPROVED by the Mayor of the City of Meridian, Idaho, this ~i- day of ~Z~~~ 2009. e\~~,1 x,111,111 ~,,,, ~,, APPROVED: ATTEST: C)' ~'rFO a Jaycee olman, 't~ C er ~ Ch aa-~ic ~ortin emu. ~o JQC~jiit~ /17~ 9p~ ~sr ~s~ • ~, .~'~ i,,d°11!"111 1119~~~~`` RESOLUTION ADOPTING MPR ADMINISTRATIVE POLICY REGARDING USE OF METAL DETECTORS IN CITY PARKS AND FACILITIES Page I of 3 ExxiBiT A RESOLUTION ADOPTING MPR ADMINISTRATIVE POLICY REGARDING USE OF METAL DETECTORS IN CITY PARKS AND FACILITIES Page 2 of 3 E IDIAN~ '®~H® Meridian Parks and Recreation Department i4DMINISTRATIVE POLICY SUBJECT: USE OF METAL DETECTORS IN CITY PARKS AND FACILITIES PURPOSE: To provide regulations governing the allowed time, place, and manner of using a metal detector within a City pazk or facility. POLICY: A. Regulations. The use of a metal detector in any pazk, facility, or property owned or operated by the City of Meridian shall be allowed, subject to the metal detectorist's adherence to each and all of the following terms, conditions, and regulations. 1. Metal detectorists actively using metal detectors aze expected to be ambassadors for their hobby and should observe the highest standazds of respect for persons and property at all times. Metal detectorists shall not interfere with reserved activities, organized sporting activities, or other park users or activities. 2. Metal detectorists shall not disturb sprinkler heads, pipes, irrigation system components, or any other infrastructure above or below the ground. Persons damaging or destroying City property, whether purposefully or inadvertently, shall be responsible for the cost of repair or replacement. 3. Metal detectorists shall have access only to azeas open to the general public. Metal detectorists entering closed or restricted azeas may be subject to trespassing or other criminal charges. 4. Only probes shorter than eight inches (8") and one-fourth inch ('/4") across may be used to dig. Metal detectorists shall not dig with knives, trowels, or other shazp or destructive implements. 5. Plugs of earth or sod shall not be removed from the ground. Retrieval of an object from the ground shall occur by cutting a neat flap without removing the plug entirely, extraction of the object, and cazefully reinstating the grass, sand or soil. 6. Metal detectorists shall abide by all MPR rules and regulations. B. Violation. Failure to abide by all applicable rules and regulations may result in trespass from the premises and/or further available civil, criminal, and/or administrative action, including, but not limited to, exclusion from the pazk pursuant to Meridian City Code section 13-2-11. AUTHORITY: Officers of the Meridian Police Department and Employees of the Meridian Parks and Recreation Department shall be authorized to require compliance with any and all terms of this policy. RESOLUTION ADOPTING MPR ADMINISTRATIVE POLICY REGARDING USE OF METAL DETECTORS IN CITY PARKS AND FACILITIES Page 3 of 3 • • • MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. SO REQUEST RESOLUTION NO. ~q -~03 :APPROVING CONSOLIDATED ANNUAL PERFORMANCE EVALUATION AND REPORT (CAPER) FOR CDBG PROGRAM YEAR 2008 AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY SEE ATTACHED CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. C~ 1 - ~~3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING SUBMISSION OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2008 ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian is an Entitlement City and receives federal funding annually under the Community Development Block Grant ("CDBG") program; WHEREAS, pursuant to 24 CFR § 91.520, the City is required to complete and submit a Consolidated Annual Performance and Evaluation Report ("CAPER") for each program year ("PY") as a condition of CDBG funding; and WHEREAS, pursuant to the Citizen Participation Plan, a public hearing on the draft PY08 CAPER was held on November 24, 2009 and a public comment period on the draft PY08 CAPER was held from November 24, 2009 to December 15, 2009; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the PY08 CAPER, a copy of which is attached hereto as EXHIBIT A and incorporated herein by reference is hereby approved as to both form and content. Section 2. That the Mayor, the City Clerk, and the CDBG Grant Administrator are hereby authorized to respectively execute, attest, and submit to HUD said PY08 CAPER 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 ,~,.,.~,~ , 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of ~,p,~,mlp.p,~C , 2009. ATTEST: By: APPROVED: ~~ ~ap()A. ~i ~` T~~ o"' ~;~® T 1ST ,~ `~ .,~~ ,9 OQ~`~ ~~~.. `~~ earl! _ ` _.~°' RESOLUTION APPROVING CDBG Page 1 of I i - -I. I COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2008 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) E '~~ ~. ~~~ CITY OF ~~ _ ~~~ 33 East Broadway 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. TABLE OF CONTENTS SECTION PAGE Introduction. 3 Executive Summa 4 1. Summary of PY2008 Accomplishments 4 ~: _, :~ ~ 2. Summary of Resources and Distribution of Funds ,„,;~,,, ~ .. 5 ~' :Three -Five Year Plan Assessment of Progress 6 1. Three -Five Year Goals and Objectives 6 ~ _..~ _ ._ . . ,r ..~, ~_.~ ~.._ _ :r,,,w..~..~ _--- a 2.~ Less~n5 LearneJ ..~ - - --~ - _ , Assessment of Annual Progress 9 1. Affirmatively Furthering Fair Housing 9 2. Affordable Housi 9 3. Continuum of Care 9 ~TT 4. Other Actions 5. Leveraging Resources 12 6. Citi2en Comments 12 7. Self Evaluation 13 8. h~Ionito~-ing ~~.~~~-__ - }~'-- ProgramNarratives 18 A endives 19 1. Tables 20 ?. Reports ."25 City of Meridian, Idaho 2007 CAPER INTRODUCTION The City of Meridian is a recipient of federal Community Development Block Grant (CDBG) funds. The U.S. Department of Housing and Urban Development (HUD) provides these funds to the City on a formula basis. As a recipient of these funds, the City is required to prepaze a Consolidated Plan, also known as a five-yeaz strategic plan. The plan identifies the housing and community needs of the City, organizes these needs based on priority, identifies resources that address the community's needs, and establishes annual goals and objectives to meet those needs. The Consolidated Plan is further broken down in annual action plans, which the City prepazes and submits to HUD each yeaz. The annual action plan spells out specifically how the City will address the goals and objectives in the Consolidated Plan during that program year. At the end of each program year, the City provides a summary of expenditures and related accomplishments to the public and HUD. This annual assessment is called the Consolidated Annual Performance and Evaluation Report (CAPER). While this report only addresses goals achieved by expending funds for the CDBG program, it is important to note that the success of the program is largely dependent on the efforts and resources of other private and public agencies and organizations. CAPER requirements are outlined in 24 CFR § 91.520. The report provides a review and evaluation of the City's performance during the 2008 Program Year (PY 2008) and the five-year timeframe of the 2007-2011 Consolidated Plan. The subject program year began October 1, 2008 and ended September 30, 2009. This document includes reports generated by HUD's Integrated Disbursement and Information System (IDIS). These IDIS reports summarize the City's accomplishments for PY08. HUD- recommended tables complement the narrative section and IDIS reports to provide an update on the City's progress in achieving the goals and objectives identified in the Consolidated Plan. City of Meridian, Idaho 3 2007 CAPER EXECUTIVE SUNIMARY The performance measurement system outlined in the City's Consolidated Plan is based on the following HUD initiatives: • Create a Suitable Living Environment • Provide Decent Housing • Create Economic Opportunities These initiatives are carried out by the City of Meridian and various partner agencies and entities. They are consistent with the guidelines set-forth by HUD in accordance with regulations governing the use of CDBG funds and are based on the needs that the City has identified through its own assessment and on-going input from the citizens of Meridian. Table 1 provides a summary of PY2008 Action Plan activities, along with an update of activity status (expenditures to date). Table 1: PY2008 Action Plan Activities 2Q08 237,775 Al~arcat+2d ended ~~n731t~161 Admin 47,500.00 47,500.00 0.00 Senior Center 20,000.00 3,208.04 16,791.96 G m Desi n 40,000.00 30,000.00 10,000.00 BCACHA 50,000.00 45,000.00 5,000.00 Habitat 60,000.00 0.00 60,000.00 Code Enforcement 20,000.00 0.00 20,000.00 Unallocated 275.00 0.00 275.00 TQTAL 237,775.00 125,708,04 i 12,066.9E 1. Summary of PY2008 Accomplishments The following is a summary of the City's accomplishments in PY2008: • Continued distributing the City of Meridian Community Resource Directory • Completed the Old Town Clean-Up annual City of Meridian event • Trained a new CDBG Program Administrator for the City • Completed the 2008 Action Plan • Provided fair housing activity support to Idaho Housing & Finance Association • Assisted three LMI families in the purchase of homes • Provided assistance to community organizations (Senior Center & Boys/Girls Club) for public facilities projects that benefit LMI individuals and families • Provided (PY2007) funds to the Meridian Food Bank to meet growing demand. City of Meridian, Idaho 4 20117 CAPER 2. Summary of Resources and Distribution of Funds The City continued its efforts to address the priority housing and community needs identified in the 2007-2011 Consolidated Plan. Due to the amount of PY2007 funding devoted to Economic Opportunities, the City focused on Suitable Living Environment and Decent Housing in PY2008. Table 2 provides a summary of expenditures by Consolidated Plan goals/objective categories: Table 2: Expenditure by Consolidated Plan GoaUObjective Category GoaUActivity Allocated Expended Remaining Suitable Living Environment $110,000.00 $61,920.32 $48,079.68 Senior Center $20,000.00 $3,208.04 $16,791.96 Gym Design $40,000.00 $30t000.00 $10,000.00 Code Enforcement $20,000.00 $0.00 $20,000.00 Meridian Food Bank" $30,000.00 $29,927.75 $72.75 Decent Housing $110,000.00 $45,000.00 $85,000.00 BCACHA $50,000.00 $45,000.00 $5,000.00 Habitat $60,000.00 $0.00 $0.00 General $47,500. $47,500.00 $0.00 Administration $47,500.00 $47,500.00 $0.00 ' Funds reallocated from PY2007 txtt expended in PY2008 Note: None of the Gty's activities this year generated program income. Note: AH lands received were from the CDBG Program. The City did not n3oeive any other assistance from HUD during the 2008 Program Year. The following map depicts the geographic distribution and location of expenditures. PY2008 Distribution of Funds N - -- 5 ~ ~ u CHERRY m ~ FAIRVIEW !$ ( Z o z a ~ ,_ ~ - PINE __ ~ -- - ~ ~~ i _.._ - -... 't7 ~ -- FRANKLIN - -- ~ J t ~ ' I ~. Legend LM I Area O Meridian Foad Bank Senior Carder (Phor~ IrsteOation) Boys 8 Girls Club (Gym Design) Q Administration (Meridian City Hal) o r>oo 0,000 zaon a,ooo a,o~ Note: The City provided funding through BCACHA for homeownership asaiatarxe. The horr~a purchased were rrot in the LMI area or Immediate vicinity, although the purchasers are aII LM I individualsifamillea. City of Meridian, Idaho 5 2007 CAPER THREE -FIVE YEAR PLAN ASSESSMENT OF PROGRESS 1. Three -Five Year Goals and Objectives Due to the broad range of goals and objectives outlined in the Consolidated Plan relative to resources available for its implementation, the City was not able to address each specific objective in the Consolidated Plan during the 2008 Program Year. All expenditures did, however, achieve outcomes and address goals put forth in the City's Consolidated Plan. The City made progress on the following objectives through PY2008 activities as described below: Meridian Food Bank: The City reallocated $30,000.00 in funds left over from the 2007 Program Year (from projects completed under budget) to the Meridian Food Bank. The Food Bank used this assistance to purchase food for residents in need. This contributed to the sustainability of a suitable living environment (SL-3) as outlined in the Consolidated Plan. The Food Bank spent over $29,000.00 of their allocation in PY2008, and the City anticipates that they will submit a draw request for the remaining funds in the upcoming weeks. Senior Center: The PY2008 Action Plan allocated $20,000.00 to assist the Meridian Senior Center with needed facility upgrades, specifically a new phone system and a new floor. This activity worked toward the sustainability of a suitable living environment (SL-3). The City spent just over $3,000.00 of CDBG funds on the new phone system. After reexamining the proposed floor project, it was determined that CDBG funds may be better utilized by the Senior Center on public service activities. The City will contribute general funds to the floor project this year, and prepare and submit an amendment to the PY2008 Action Plan reallocating the remaining funds for the Senior Center to public service activitiesl. Boys & Girls Club Gym Design: $40,000.00 of PY2008 funding was allocated to the Boys & Girls Club to design a new gym at their recently acquired location in Downtown Meridian. This activity perpetuates the sustainability of a suitable living environment (SL-3) as identified in the Consolidated Plan. The gym design is nearly complete. To date the club has spent $30,000.00 of those funds, and the City anticipates the final draw down request and progress update in the upcoming weeks. Boise City/Ada County Housing Authority (BCACHA): In order to increase the availability/accessibility of decent housing as outlined in the Consolidated Plan (DH-1), the City allocated $50,000.00 to BCACHA for homeownership assistance through the housing choice voucher program. BCACHA assisted three low/moderate income families to purchase homes in Meridian in the 2008 Program Year. Each family received $15,000.00 in down payment, closing cost, and/or principle buy down assistance. The City plans to continue this partnership in PY2009, and BCACHA will roll the remaining $5,000.00 in with next year's funds to continue assisting LMI families achieve homeownership. ~ No funding in PY2008 went to public service activities, so reallocating the Senior Center's remaining $16,791.96 for such activities will fall within the allowable 15% expenditure cap. City of Meridian, Idaho 2007 CAPER Habitat: In order to increase the availability/accessibility of decent housing as identified in the Consolidated Plan (DH-1), Habitat for Humanity was allocated $60,000.00 to purchase a building lot in Meridian for future construction of LMI housing. Due primarily to staffing changes, Habitat has yet to purchase a lot for this purpose. Habitat indicates that they are working to identify a site that is suited for this activity, and the City is hopeful that they will successfully purchase a lot in the upcoming months. The City has communicated to Habitat that if substantial progress is not made in the near future, the City will have to reallocate these funds to another project to avoid timeliness issues. Code Enforcement: The City allocated $20,000.00 to Code Enforcement in the LMI area in PY2008. This activity sought to achieve sustainability of a suitable living environment as identified in the Consolidated Plan (SL-3). While the City devoted substantial resources, primarily in staff time, to this activity, an appropriate level of documentation was not maintained and therefore reimbursement will not be requested (for Code Enforcement activities prior to October 2009). The CDBG administrator worked with Code Enforcement to refine their monitoring and documenting process so that the City can use CDBG assistance for this purpose between now and August 2010. This will better enable the City to track and report the positive outcomes achieved with use of CDBG funds in this manner. Code Enforcement is fine tuning a budget for the available funds to determine exactly how much they will use, and any remaining funds will be reallocated to another activity. Administration: Administrative funds paid for staff time, required notices, staff training, income surveys (to determine eligibility of potential projects that are outside of the pre- designated LMI area), and other miscellaneous expenses. The City spent the entire allocation of administrative funds. Note: The City will prepare an amendment to the PY2008 Action Plan for use of the $275.00 in unallocated funds from last program year. 2. Lessons Learned Based on experiences in PY2008 the City will likely make the following changes in the future: • Diversify between subrecipients and City-managed projects. Now that the City is a couple of years into the program, the City has established partnerships with subrecipients who are successfully able to advance activities on schedule. Unfortunately, for myriad reasons that are often out of the hands of subrecipients or the City, timely advancement of proposed activities does not always occur. It therefore makes sense to diversify proposed activities between subrecipient and City-managed projects so that the City can better control the pace of at least a portion of proposed expenditures. The PY2009 Action Plan proposes several larger public facilities projects that will be initiated and managed by the City. This will enable the City to establish its own timelines and advance projects accordingly to avoid timeliness issues and achieve program objectives. City of Meridian, Idaho 7 2007 CAPER More frequent monitoring. An elevated level of communication between the CDBG administrator and subrecipients/project managers puts the City in a better position to identify potential issues and address them before they become actual issues. The City brought on a new program administrator this year, and a great deal of time and effort went to orienting the new administrator about the CDBG program, related regulations and requirements, existing processes, etc. Luckily, due to the relatively small size of the program, the City was still able to maintain an acceptable level of monitoring to keep most activities moving forward, avoid timeliness violations, and achieve program objectives. Still, in the future, the City will strive toward more frequent activity monitoring. Improve public involvement. The City would like to receive more input from the public in shaping the CDBG program. In the future the City will continue exploring new avenues to broaden public involvement, especially among populations that can benefit the most from CDBG activities. City of Meridiaa, Idaho 2007 CAPER ASSESSMENT OF ANNUAL PROGRESS 1. Affirmatively Furthering Fair Housing The City of Meridian's Analysis of Impediments to Fair Housing (AI) identifies variables that can act as barriers to housing choice. Among the barriers identified in the AI were a lack of understanding of the requirements of the Fair Housing Act, a need for vouchers under the Section 8 Rental Assistance Program, limited income and high housing costs, and lack of understanding about housing accessibility requirements under the Americans with Disabilities Act. Meridian acted primarily to address the lack of understanding of fair housing issues within the community. The City continued disbursing the Community Resource Guide, which was prepared and printed with CDBG funds in PY2007. The Guide duects residents to available services throughout the community and region, including fair housing counseling and related service providers. Fair Housing information is available on the City's website, and the City participates in the Idaho Fair Housing Forum which is a "community of stakeholders dedicated to open and respectful discussion of issues impacting housing consumers, providers and advocates." The group meets throughout the year to discuss issues affecting not only the Treasure Valley, but the state as a whole. The website (www.fairhousin orum.org) provides links to news, events, and other fair housing information. As part of its commitment to enhance fair housing awareness, the City contributed as a sponsor to Idaho Housing and Finance Association's 2009 Fair Housing Activities. 2. Affordable Housing In the 2008 Program Year the City partnered with Boise City/Ada County Housing Authority (BCACHA) to address affordable housing issues. The City allocated $50,000.00 in CDBG funds to BCACHA for homeownership assistance. BCACHA provided down payment, closing cost, and principle buy down assistance to low income buyers identified through the Housing Choice Voucher Program. The Housing Authority successfully helped three buyers purchase homes. The Consolidated Plan identifies a multi-year goal of five affordable housing units made available to LMI residents, and the City and BCACHA made substantial progress toward that goal this program year. In addition, all three units purchased are considered affordable as defined in 24 CFR 92.254, and all three buyers are very low income earners (less than 50% of area median income). The PY2008 Action Plan allocated $60,000.00 to Habitat for Humanity to purchase a building lot in Meridian for future construction of LMI housing. Due primarily to staffing changes, Habitat has yet to purchase a lot for this purpose. Habitat indicates that they are working to identify a site that is suited for this activity, and the City is hopeful that they will purchase a lot in the upcoming months. 3. Continuum of Care The City of Boise has recently taken the lead on outlining an inclusive process to establish and implement a continuum of care strategy for Ada County. The City of Meridian will be actively involved in this process once initiated. In the meantime, Idaho City of Meridian, Idaho 9 2007 CAPER Housing and Finance Association (1HFA) administers HUD Emergency Shelter and Supportive Housing Grant funds that benefit local homeless individuals and providers. Meridian does not have a substantial homeless population and as such does not currently have any housing facilities to administer services to this population. The City maintains contact with EI-Ada Community Action Partnership, Neighborhood Housing Services, BCACHA, IHFA, and others interested in homeless and special needs populations and contributes to the dialogue as opportunities arise. Meridian does not administer any programs for individuals with HIV/AIDS. The Idaho Housing and Finance Association (1HFA) contracts with HOPWA service providers throughout the State to facilitate affordable housing for persons with HIV/AIDS and their families. BCACHA is the HOPWA provider serving Meridian. BCACHA's administration of HOPWA funds is undertaken in accordance with 1HFA's HOPWA policies, which are designed to provide resources and incentives to devise long-term comprehensive strategies for meeting the housing needs of persons with HIV/AIDS. The City is working to better understand their overall goals and objectives and the role Meridian can play. 4. Other Actions in Strategic Plan/Action Plan Taken To: a. Address obstacles to meeting underserved needs. The primary obstacle in Meridian to meeting underserved needs is identification of those needs. Data is available at the state and county level, but there is little information about needs within Meridian. The City is eager to work with BCACHA, IHFA, and others interested in meeting underserved needs to develop an approach to data refinement toward the end of developing an areawide plan. Unfortunately, a great deal of time in PY2008 was devoted to (1) managing and monitoring activities akeady in process, (2) training and bringing the new CDBG administrator up to speed on other HUD requirements, regulations, etc., (3) laying the groundwork for successful administration of CDBG-R funding, and (4) preparing for next program year. As the administrator builds a foundational understanding of the CDBG program the City will have additional time to devote to this sort of undertaking. Again, in the meantime, the City is involved in the regional dialogue and contributes as opportunities arise. b. Foster and maintain affordable housing. Please see "Affordable Housing" above. c. Eliminate barriers to affordable housing. Page 43 of the Consolidated Plan states that "After thorough evaluation and consideration of the elements of the 2006 [Meridian Comprehensive Plan], no specific barriers to affordable housing, controlled by the City were identified. These considerations were relative to local tax policies, land use controls, zoning ordinances, building codes, fees and charges, growth limits, and policies that affect the return on residential investment." City of Meridian, Idaho 10 20117 CAPER Barriers identified in the Consolidated Plan that are outside of the City's control include high cost of land (which increased with demand for housing units), cost of building materials and supplies, labor costs, escalating County tax assessments, and high transportation costs. With the exception of transportation, the cost of each of these elements has moderated or receded in the last yeaz. On the ground, the primary barrier to affordable housing is adequate capital to purchase a home. The City's partnership with and CDBG assistance to BCACHA seeks to address this barrier. d. Overcome gaps in institutional structure and enhance coordination. The City continuously seeks to enhance coordination and overcome gaps in institutional structure. The new CDBG administrator spent considerable time becoming familiar with the program and many partners who work towazd the same or similaz goals. Participation in the continuum of caze, attendance at II~FA and related events, and participation in regional coalitions and associations to forward program objectives all work toward the end of enhancing coordination. Internally, the City continues to become more familiaz with the CDBG program. Department Directors aze showing more interest in the program and its possible application within their areas of focus, and potential new activity ideas aze suggested regularly. Staff continues to establish standazd operating procedures and guiding documents to monitor the program, track financials, ensure compliance, and address program requirements in a timely manner. e. Improve public housing and resident initiatives. The City does not provide these services, but it continues to support BCACHA and other providers in improving public housing. f. Evaluate and reduce lead based paint hazazds. The City reformatted its website this yeaz, and much of the lead based paint information that was previously available was displaced. The CDBG administrator will make new infonmation available on the website this yeaz to increase awareness and begin addressing the issues surrounding lead based paint hazards. The administrator will also work with the Department of Information & Technology to track the number of "hits" this web information generates in order to report the success of this method of information distribution. g. Ensure compliance with program and comprehensive planning requirements. Staff continues to establish standard operating procedures and documents to guide the program, track financials, ensure compliance, and address program requirements in a timely manner. The CDBG administrator communicates regulazly with CPD staff to stay on top of requirements related to the CDBG program and is unawaze of any major missteps over the 2008 Program Year. The City also understands that this is a very large and multifaceted program, and will continue working to understand its many nuances and address the related requirements that it entails. City of Meridian, Idaho 11 2007 CAPER h. Reduce the number of persons living below the poverty level. The City focuses primarily on job creation and availability of educational opportunity to reduce the number of persons living below the poverty level. For example, the Mayor's Economic Excellence Team has established different employment clusters in the City to recruit new employers and encourage business expansion within in Meridian. One example is the "Core" which is a healthcaze, education, and technology enterprise zone east of Downtown. The Core capitalizes on the success of complimentary businesses and services that aze already present in the azea. Examples include St. Luke's Hospital, Idaho State University, Meridian Joint School District No. 2, MWI Veterinary Supply, Crucial/Lexaz Media, and others. The City has successfully facilitated the creation/recruitment of hundreds of jobs over the last few yeazs by highlighting this emerging industry cluster in Meridian. These new jobs and educational opportunities are available for the entire azea, including residents currently living in poverty. The economic downturn has had a dramatic impact on the region as a whole, but the City continues to do what it canto reduce the number of people living in poverty. 5. Leveraging Resources The City worked with Meridian Development Corporation (MDC), the City's Urban Renewal Agency, to identify an appropriate use of funds originally allocated in PY2007. The MDC Boazd developed a facade improvement program to address the blighted nature of the URA as identified in the area's revitalization strategy. That program provides a fifty percent match for business or property owners to make improvements to structures in the URA. The Boazd has selected the first project to receive funding under the new program, and, pending completion of environmental review and execution of the necessary agreements, CDBG assistance will leverage approximately $50,000 in private investment to eliminate blight Downtown. MDC and the City will continue to leverage private funds to achieve CDBG objectives through this program in the future. 6. Citizen Comments In addition to the requirements of the Citizen Participation Plan (which is included in the Consolidated Plan), the City took several steps to broaden public participation this program year. To get word out about the program and what it seeks to achieve, and discuss possible projects and activities, staff met with several non-profit entities throughout the community. 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. The City did not receive any comments on the subject report during the public hearing process. City of Meridian, Idaho 12 2007 CAPER 7. Self Evaluation The City is on to its third CDBG Administrator in as many years. As such, a substantial amount of time and effort went to brining the new administrator up to speed on activities in-process, regulations and requirements related to the program, the City's approach to implementing CDBG activities, and the program in general. The new administrator, in addition to attaining a minimal working understanding of the CDBG program, has begun developing standazd operating procedures and refined financial tracking mechanisms with other departments and City staff. These procedures, processes, and instruments will help guide the program in the future. Building a foundational knowledge, identifying standard procedures, processes, etc., and documenting what is learned (1) helps to solidify the administrator's understanding of the program and related processes, (2) creates a reference guide that other City staff who periodically work with the program can learn from and improve upon, and (3) creates continuity in the event that a new program administrator or support staff are introduced in the future. The PY2008 Action Plan states the following priorities and related outcomes. An update of progress/success in achieving each anticipated outcome is included. Priority 1: Community Improvement Anticipated Outcomes: 1. Two code enforcement cases for Meridian's three LMI Census Block Areas will be opened and resolved. Code Enforcement staff indicates that they resolved two cases in the LMI area this program yeaz. However, sufficient documentation of time spent was not maintained and as a result the City will not request reimbursement for Code Enforcement expenses incurred prior to October, 2009. 2. One neighborhood clean-up or improvement activity. The Meridian Police Department partnered with area recycling organizations, waste disposal companies, and private businesses to mobilize volunteers for this event on June 13, 2009. The clean-up successfully achieved the outcome stated in the Plan. 3. Five residents of Meridian's LMI Areas demonstrate increased awareness of social and human service providers and programs. The City continued distributing the Community Resource Guide, and staff estimates that upwards of 100 copies were disbursed to azea residents this Program Year. However, the City has no tracking mechanisms in place to determine how many Resource Guides went to residents of the LMI area, or to determine how many residents "demonstrated increased awazeness" of available services as a result. Explanation: Lack of adequate tracking capabilities. The City is revisiting the Performance Indicators in Tables 1C, 2C, and 3A to increase the ease and accuracy of tracking progress and activity success. In the future the City will also propose activity-based outcomes that aze (1) quantifiable, (2) directly related to proposed CDBG expenditures, and (3) trackable. City of Meridian, Idaho 13 2007 CAPER 4. Design gymnasium for Meridian's Boys and Girls Club. The Boys & Girls Club worked with an architect to design a new gym facility as proposed in the Plan. This outcome measure was achieved. 5. Improve Meridian's Senior Center facility (phone upgrades and floor renovations). A new phone system was installed at the Meridian Senior Center, but a new floor was not. Explanation: After reexamining the proposed floor project, it was determined that CDBG funds may be better utilized by the Senior Center on public service activities. The City will contribute general funds to the floor project this year, and prepare and submit an amendment to the PY2008 Action Plan reallocating the remaining funds for the Senior Center to public service activities. Priority 2: Affordable Housing Anticipated Outcomes: 1. Partner with Boise City/Ada County Housing Authority to implement Section 8 Vouchers to provide affordable housing opportunities. This outcome appears to be poorly worded in the narrative section of the 2008 Plan. The City provided funds to BCACHA in the amount and for the purposes discussed above (pg. 6 and pg. 9), which achieved the outcome identified in the related Table 3C of the PY08 Action Plan (pg. 41). The relevant Table 3C of the 2008 Plan estimates five unites upon completion, and BCACHA only provided assistance to three LMI homebuyers. Explanation: BCACHA had some difficulty identifying eligible homebuyers in Meridian. Identified buyers needed slightly more assistance than previously anticipated ($15,000 as opposed to $10,000), so the original allocation could not assist as many purchasers. 2. Partner with Meridian School District and Boise City Habitat for Humanity to buy a vacant lot to build at least one affordable housing unit for LMI clientele. This activity is behind schedule. Habitat indicates that they are still looking for a site that will work for this purpose. The City will, if necessary, reallocate these funds to avoid a timeliness infraction. Explanation: Habitat indicates that staff changes set them behind schedule. 3. One Fair Housing awareness activity. It is not clear if this outcome anticipates City staff attendance at a fair housing activity, or that the City will sponsor a fair housing activity. The City contributed CDBG funds to 1HFA's Fair Housing Activities in PY2008, and staff attended the 2009 Idaho Conference on Housing and HUDs Healthy Homes Conference, both of which considered issues related to fair housing. Either way, the City achieved the stated outcome. City of Meridian, Idaho 14 2007 CAPER 4. 20 persons educated on lead-based paint hazards, precautions, symptoms, and laws. The City has no way of knowing how many persons were educated on LBP as a result of City actions in PY2008. Explanation: The City reformatted its website this year, and much of the lead based paint information that was previously available was displaced. The CDBG administrator will make new information available on the website this year to increase awareness and begin addressing the issues surrounding lead based paint hazards. In the future the City will propose activity-based outcomes that are (1) quantifiable, (2) directly related to proposed CDBG expenditures, and (3) trackable. 5. Increase awareness of affordable homeownership opportunities and programs. The City continued distributing the Community Resource Guide, and staff estimates that upwards of 100 copies were disbursed to area residents. The guide includes a housing section that duects residents to affordable homeownership resources. However, the City has no tracking mechanisms in place to determine how many residents' awareness of affordable homeownership opportunities was increased as a result. Explanation: Lack of adequate tracking capabilities. In the future the City will propose activity-based outcomes that are (1) quantifiable, (2) directly related to proposed CDBG expenditures, and (3) trackable. Priority 2: Economic Development Anticipated Outcomes: 1. Partnership with the Meridian Development Corporation to target businesses that will fit well with Meridian's downtown revitalization vision. CDBG funds were not allocated to this outcome in PY2008. The City works with MDC on an ongoing basis to identify and recruit businesses that fit the vision for Downtown. The City is not currently documenting those recruitment efforts, and they are not handled by the Planning Department or CDBG administrator. The Consolidated Plan identifies business recruitment as a Specific Objective (EO 1.1) starting in PY2009, so the City will establish a tracking mechanism next program year in order to gauge success meeting benchmarks established in the Plan. 2. 1'he City will support the efforts of the Meridian Development Corporation to implement the Urban Renewal Area Plan in revitalizing downtown. This program year, MDC developed a facade improvement program to implement the revitalization strategy with CDBG assistance. No projects have moved forward as yet, but, pending the completion of an environmental review, the MDC Board has selected a project for use of CDBG funds in PY2009. City of Meridian, Idaho 1 S 2007 CAPER Due to the broad range of goals and objectives outlined in the Consolidated Plan relative to resources available for its implementation, the City was not able to address each specific objective in the Consolidated Plan during the 2008 Program Yeaz. All expenditures did, however, achieve outcomes and address goals outlined in the City's Consolidated Plan. The City is confident that it will, over the next three program yeazs, achieve the multi-yeaz objectives to a satisfactory degree. Additional information regazding the City's progress towazd achieving multi-yeaz objectives is available in Joint Table 1C, 2C, and 3A in the Appendix. Cleazly, the City could benefit by better aligning quantifiable outcomes with action plan objectives and proposed expenditures, and establishing procedures for measuring success in achieving stated outcomes. HUD has a wealth of information available to assist local jurisdictions in this regazd ("Promising Practices in Grantee Performance Measurement," for example) and the City will use this guidance to refine its practices in future program years. Implementation of the CDBG Program to date has been somewhat disjointed. An outside consultant prepazed the Consolidated Plan and three different Program administrators have since managed its implementation. The new program administrator is nearing the end of his first year managing the program, and understanding the full annual cycle of events, and how different plans, documents, reports, etc. relate to one another will allow more fluidity in future years. As discussed previously, development of SOPS and related internal documents will allow the City to maintain a higher degree of program continuity. The City, with much help from CPD staff, is increasing its familiarity with the CDBG program and looks forward to establishing, refining, and improving its processes in the future. 8. Monitoring The City used a variety of techniques to monitor subrecipients and review for compliance. Expectations were outlined in subrecipient agreements, tailored specifically to each activity and subrecipient entity. Through phone conversations, written correspondence, desk monitoring, and on-site monitoring visits, staff reviewed subrecipients' progress towazd meeting the program's financial, production, and overall management requirements. Again, due to preoccupation with more general program orientation, the CDBG administrator did not monitor all subrecipients as frequently as he would have liked; that is something that will be improved upon in the future. HUD has a wealth of guidance available on subrecipient monitoring ("CPD Grantee Monitoring Handbook," and "Guidebook for Grantees on subrecipient Oversight," for example), and the City looks forwazd to refining its monitoring processes and procedures in future program yeazs. City of Meridian, Idaho 1C 20(17 CAPER The City is encouraged by the overall status of the CDBG program. Proposed activities are yielding successful results, and the City is making progress toward Consolidated Plan goals and objectives as described herein. The City is timely in expenditure of CDBG funds as confirmed in Appendix 2.e. The City does not use letter of credit disbursement and instead funds the program on a reimbursement basis (i.e. the money is spent by the time the City submits a draw down request to HUD). Two activities from the 2008 Program Year have fallen behind schedule: Code Enforcement and Habitat for Humanity. Activity descriptions, updates, reasons for delay, and proposed courses of action for both are presented on page 7 of this report. City of Meridiaa, Idaho 1'] 2007 CAPER PROGRAM NARRATIVES 1. Assessment of Relationship of CDBG Funds to Goals and Objectives An assessment of the relationship of CDBG funds to goals and objectives is presented under "Three -Five Year Goals and Objectives" on pages 6-7, and "Self Evaluation" on pages 13-15. 2. Changes in Program Objectives While preparing the PY2009 Action Plan, City staff worked with CPD staff to update Table 3A. The changes (1) add a new Specific Annual Objective (SL 1.1) for public facility projects and (2) clarify Performance Indicators throughout. Staff continued revising Tables 1C, 2C, and 3A for this report, and the revised joint table is included in the Appendix. Descriptions of additional changes the City will likely make to the program are included on pages 7-8 and 16. 3. Assessment of Efforts in Carrying Out Planned Actions As noted throughout this report, the City pursued the resources indicated in the Consolidated Plan to the greatest extend possible. The City provided all required certifications in the relevant plans and documents, all of which were (1) subject to the City's Citizen Participation Plan as outlined in the Consolidated Plan, and (2) executed by the City's chief executive officer Mayor Tammy de Weerd. The City did not hinder Consolidated Plan implementation by action or willful inaction. 4. Use of CDBG Funds for National Objectives As outlined in Table 1, with the exception of administration, all funds allocated and expended in PY2008 met the LMI national objective. 5. Anti-displacement and Relocation -for activities that involve acquisition, rehabilitation or demolition of occupied real property: No activities in PY2008 involved acquisition, rehabilitation, or demolition of occupied real property. 6. Low/Mod Job Activities No economic development activities were undertaken in PY2008. 7. Program Income Received No activities in PY 2008 generated program income. 8. Prior Period Adjustments N/A 9. Loans and Other Receivables N/A 10. Lump Sum Agreements N/A 11. Neighborhood Revitalization Strategies N/A City of Meridian, Idaho 18 2007 CAPER APPENDICES 1. Tables a. Joint Table 1C, 2C, and 3A -Summary of Specific/Annual Objectives b. Table 2A -Priority Housing Needs/Investment Plan Table c. Table 2B -Priority Community Development Needs 2. Reports a. Summary of Activities (PR03) b. Summary of Consolidated Plan Projects for Report Year 2008 (PR06) c. Summary of Accomplishments Report (PR 23) d. Financial Summary Report (PR26) e. Timeliness Report (PR56) f. Performance Measures Report (PR83) g. Strategy Area, CDFI, and Local Target Area (PR84) City of Meridian, Idaho 19 2007 CAPER Appendix l.a U.S. Department of Housing and Urban Development OMB Approval No. 2506-0117 (Exp. 4/30/?All) Joint Table 1C, 2C, and 3A -Summary of SpecificlAnnual objectives Grantee Name: City of Meridian, Idaho ~'~dtt°: ~~Q~rrriJi~`:~ t,+r:~d urerE o-~,yt >r-s~ rv®e°el era ~aclk~e~~rtc^gB a~~ ~'Y"f_dd~<'~' ce~~~~ t~as~~a~a`~~cl eya <wr~+a` J~r~~r. Availabili /Accessibility of Decent Housin (DH-L Speeiftc Objective Source of Year Performance Expected Actoal Percent Fonds Indicators Number Number feted ~~~ °~Aa~,~~aak-a 81u: ~~ :a,c~~~,~,kfk~°rkd d`r~~;d_er° ?esU7 ''~~~~~ .,rlord€k3~,lr~ ~) ~E ?1.~ -1 ks9 a _ v ts~l~rr,f;Q@,ic Ike da•,ako!~ ~ ~§rli`71 't'a+P.'~ ia~ka~.it~~ ta[~i9s, fS k6 '~~ ~$ 9 I d 'a DH Acquire, demolish, and/or CDBG/ 2007 Sites/lots 1 0 0 % 1.2 clear property for now 2008 acquired, 0 0 AVA affordable housing. 2~4 demolished, 0 N/A 2010 and/or cleared. 0 N/A 2011 0 N/A MULTI-YEAR GOAL 1 0 0 % ~i~~ '4.`, e*-til l:k$'~~'.".:_da.C~Ld 1l ~' ::_t 13u~ i~~m~i~e ~4 )117 ~v'i°`ei' .wS ~a_t4i~iE Y~{a' d"t Q4 "s!'i ~ -$ tic'l~ ;1 ~ id ?~~433~ ~-1~ -I ~ ~dikih llE. f 1(gt~ 3-1 ~I dOiv ~a~LlSi tl° UB1iS. ~~ EG `~(r''a :~{~Q a6~i~~F"~i' ~~11>U `'H dkfS ~~{y~~~4 dD ?d~~, _'ttl 1 ~ !, ~lfi 1,~E-~ 1~.~0 t~~~~l. ~ 6r d~ ~? Affordablei of D ecent Housin (DH-2) Specific Objective Source of Y~r Performa~ Expected Actual Percent Funds Indicators Number Number Cam feted ~~k~ ~I't':a3L`:W81.~e~dadi'r_1da~+~C` f_~~.$[:+Crl~ ~di(~~i ~!?~~,:1~4,~Ft.'i' ~ ~ ~~~)'°.%r ~,E F6s,trtiiskyy Ia,h F{ofC° lag t)ll~ttrl "'±t9~1 ~°°-;~ahli'~ilt~t9. £c tid ~/t~: 3(~l i`tic` ~~lc l'li i aal7 ~~~~R~~ r ~<r1~. teil~ar4i~l~ir 2arrtktil6l'__ 1`?ada'~. _'~JI{- 96 h~`A, r~~~ l.~ i-~ Y~.:~~ ~:t~~l~ 1 I 14iD'4 DH Expand hor-~ownership CDBG/ 20(17 Affordable units 0 0 NIA 2.2 opportunities for low- Other 2~8 purcha~d 1 3 300 % moderate income 2009 (hotceowners 1 % individuals and families. 2010 assisted). 1 % 2011 2 % MULTI-YEAR GOAL 5 3 60 % DH Design, print, and CDBG 2007 Residents/ 150 500 333 % 2.3 disseminate Community 2008 Resource Guide 0 100 N/A Resource Guide to provide 2009 recipients. 0 N/A information about housing, 2010 0 N/A counseling, treatment, and 2011 0 N!A other services in Meridian. MULTI-YEAR GOAL 150 600 4(10 % City of Meridian, Idaho 20 2007 CAPER Sustaina bility of Decent Housing (DH-3~ Specific Objective Source of Year Performance Exacted Actual Percent Funds Indicators Number Number Completed DH Participate on boards and CDBG/ 2()(17 Activities. 1 1 1 ~ % 3.1 committees and cooperate Otber 2008 1 2 200 % with other entities w 21)(19 1 % promote fair and affordable 2010 1 % housing. 2011 1 % MULTI-YEAR GOAL 5 3 60 % DH Collect and disburse CDBG/ 2007 Individuals 20 100 500 % 3.2 information about the Other 2008 educated. 20 ? 0 % dangers of lead based 2009 20 % paint. 2010 20 % 2011 20 % MULTI-YEAR GOAL 100 100 100 % Avai[abi li /Accessib of Su itable Li Environment (SL-i Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed SL Invest in public facility CDBG 2007 Public facility 1 0 0 % 1.1 projects that help create a 2008 activities. 1 2 200 % suitable living environment 2(149 1 % in I.MI neighborhoods. 2010 1 % 2011 1 % MULTI-YEAR GOAL 5 2 40 % Aff ot`dab o f Suitable Livin Environmen t (SL-2) ~i: fti,;~ z: i '~;L~';L~I 11~~~c[l!r~L'' t~v ~l~;a ~~ Snstainabili ~ o f Suitable Livia Environment. (SL-3) Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed SL Reduce deterioration of CDBG 2007 Code Enforcement 2 60 3,000 % 3.1 I.MI area around 2008 cases/activities. 2 0 0 % Downtown through Code 2009 2 % Enforcement activities. 2010 2 % 2011 2 % MULTI- YEAR GOAL 10 60 60(1 % SL Organize neighborhood CDBG/ 2007 Activities 1 1 100 % 3.2 clean-up activities in the Other 2008 conducted. 1 1 100 % LMI area. 2009 1 % 2010 1 % 2011 1 % MULTI- YEAR GOAL 5 2 40 % SL Support public service CDBG 2007 Residents 5 0 0 % 3.3 activities that befit 2008 assisted. 5 13,223 264,460 % presumed and documented 2009 5 % LMI residents on both ao 2010 5 % area and clientele basis. 2011 5 % MULTI- YEAR GOAL 25 13,223 52,892 % City of Meridian, Idaho 21 2007 CAPER Availability/Accessibility of Economic Opportunity (EO-i) Specific Objectfve Source of Funds Year Performance Indicators Ezpected Number Actual Number Percent Completed ~'.nU ~.~ ~Yla:9'a'aitic' ~~.~ `•;~~ (fY ~tla,'8~'t°b ii~StT ~U~::. !ii ~,iti'~I ll3'2"8 i~lr4,a€~lA k~tq~iuc~s:~ 04'4~I iftlllTk'31 f.~~l~C`li8 ialltf ~ [)~~( ri f}L~3+~"Y ~~~C)~ ~~~~~ ?4}1?~t 7g~~~ ~.+Ub91§~°~Sl'S H'c=d't'tlihCl E(al ~ ~lt;ann~c'~ rya ['~.^'~~'4,1'~'~~;1I~i't1. 6) {) _ ~ f) 7 ~;1~ 1'°«/F': (4d. ~i'~1G.~ 1- a ~_ ~ 4_dQU;~d; 3f? ? ~t.3 r~4 Affordablli of Economic O rtunit tE 0-2 ~~ ~ . j. ~ `-~, Sustalnabilit of Economic 0 rtuni (E O-3 Specific Objective Source of Funds Year Performance Indicators Emoted Number Actual Number Percent Completed ~',~tP s.~ ~i1C'j~~,i~[ [~~a` ~:1~4tC[~ ~~I i~'I~•reQi€ai~ I3v're'lao~>tit~°~tP ~~~t Af~ti it}§L3. tFl Pdl IFit(}gL"IllCftl i~[r~ [ 3~d~,.1E~ 1~+.'n~1ea±I Art~da 'lar~ ~€€ €~t~giiali~tr;~ ~ C~[JE3~i ~€~~"~~ ?(}#);~ )(}(@C) ?4i1it E_} ~ 1 ~ ° V`~~L~14;t~9~~d9e574 ~aEtalraNl ~i~tltilC` t6Pb~)liyl-L ii8z lt8 a~rtii~iii~~. ~ 31 ~ 1 l 4~r (~ ~1i i;r ~/,"~ °'r~ '%r '% y I3CY"~ji A~(fD~'j9, gg }}~~ pp~~ [~~~ rtQpp ~~pp ////}~ gg ~ j ~~~{ iC.~~-4~~G°~ L::'v EU Vail H.i14'. i 55 ~1 55 ~#Y f.7 Ne borhood Revitalization tNR-i) ~~ a. e ~I<.~, Othe r (4-i) ~. a Note: The City made the following changes to this table from the Consolidated Plan, PY2007 CAPER, andpreviousAdion Plans for the subject report: 1. Specific Annual Objectives were revised for clarity. The invent remained generally consisteru throughout. 2. Performance Indicators were revised for clarity and ease of tracking/qumttitatively reporting. 3. Added Specific Objective SL 1.1 to reflect priorities established in Consolidated Plan and allow the City to track inveshnent of CDBG funds in public facilities projects. 4. Removed Specl, jlc Objective DH 3.3("The City wild support activities that increose awareness of available afJ`ordable homeownership opportunities wed programs") to eliminate redtudancy. This Objective is encompassed in specific objectives DH 2.3 and DH 3.1. S. Moved Specific Objective EO 3.2 to EO /. I as it relates more directly to avaihtbilit}laccessibility. 6. Removed Spee~(lic Objective NR 1.1("Code Enforcement Officers will help to reduce deterioration of this neighborhood by working with residents to er force property mainte-rm~ce codes °) to elimsate rediardmicv. This Objective is identifted in Specific Objective SL 3.1. Removed SpeedJ~Tc Objective NR 1.2 ("The City will organize neighborhood clean-up atad/or improvemem activities") to eliminate redundancy. This Objective is identified in Specific Objective SL 3 2. Removed Speei,~c Objective NR 1.3 ("Tire City will help address key socid Duct human service needy especially those related to family support, youth development, child care, senior services, substmtce abuse, homelessness support services, financial counseling, victims of domestic violence veteran's atffair~ transportation, edttcatioraa~ and employment training. ") to eliminate redundancy. This Objective is identified in Speck Objective SL 3.3. City of Meridian, Idaho 22 20117 CAPER Appendix l.b Table 2A Priority Housing Needs/Investment Plan Table PRIORITY HOUSING NEEDS (households) Priority Unmet Need 0-30% 75% Small Related 31-50% 85.3% 51-80% 34.5% 0-30% / 1(~/0 ~~ Related 31-50% 82.6% S 1-80% 75% Renter 0-30% 44.4% Elderly 31-50% l OW/o 51-80% 46.2% 0-30% 87.5% ~ Other 31-50% 100% 51-80% 34.6% 0-30% 80.8% Small Related 31-50% 20/9% 51-80%a 34.5% 0-30% / 100% Iarge Related 31-50% 68.8% 51-80% 69.1% Owner 0-30% 61.5% El~rly 31-50% 20.9% S l -80% 25.5% 0-30% 75.0% All Other 31-50% 72.1% 51-80% 76.7% Elderly Q-80% 56.5% Frail Elderly 0-80% unknown Severe Mental Illness 0-80% unknown Non-Homeless ~Y~~ Disability 0-80% unknown Special Needs Developmental Disability 0-80% unknown Alcohol/Drug Abuse 0-80% unknown HIV/AIDS 0-80% unknown Victims of Domestic Violence 0-80% unlmown Source: Comprehensive Housing Affordability Strategy (CHAS) Data as n:ferera~id in 2007 - 2011 Consolidated Plaa City of Meridian, Idaho 23 2007 CAPER Appendix l.c Table 2B Priority Community Development Needs Priority Need Prlorlty Nced Level Umnet Prlorlt~ Need Imllars to Address Need 5 Yr Goal Plao/Act Aanaal Goal Plan/Act Percent Goal Cam sled uisttion of Real Medium sition Low Clearance and Demolition Medium Clearance of Contaminated SiUes Low Code Enforcement Hi Public Facili General Senior Centers Hi Handi Centers Low Ho~~ss Facilities Low Youth Centers Hi Nei bo~lood Facilities Hi Child Care Centers Law Health Facilities Low Mental Health Facilities Low Parks andlor Recreaflon Facilities Hi Parkin Facilities Medium Tree Plantin Medium Fire Staff nt Law AbusedlNe lected Children Facilities Low Asbestos Remaval Low Non-Residential ITistoric Preservation Low Other Public Facili Needs Low Inf7asrruchrre General) WaledSewer Im ements Low Street vements Medium Sidewalks Medium Solid Waste sal rovernents Low Fkrod Drain rovements Low Other L~frastructtue Low Public Services General Senior Services Medium Handica Services Low Services Low Youth Services Hi Child Care Services Low Tnan ion Services Hi Substance Abuse Services Low 1 ment/Tlaining Services Medium Health Services Low Lead Hazard M~ium Crime Awareness Medium Fair Honsin Activities Medium Tenant Landlord Counselin Medium Other Services Medium Economic Devel nt C~neral) C/I Land A uisiti ~tian Medium C/i Infrasttnctare Devel meat Medium ' C!I Buitdin A Const/Rehab Medium Other C/I Medium ED Assistance to Far-Profit Low ED Technical Assistance Low Micro-en 'se Assistance I.ow Other Low NOrC: ~1'81He 2V1SCd naID "LIAI/ - 2011 1:00S0atlate(! Y1aIL City of Meridian, Idaiho ZQ 2007 CAPER Appendix 2.a: Summary of Activities (PR03) !b r v sn 0 w n v ~i _ c ~ ~ ~ ~ ~ ~ ~~°,~ d~3~ m~ ~~~ ~~~d~ 3~ ~~a>> d c ~~n~ ~ ~ ~ o ~ m ~a~ ~~~ ~ "~ pN O ID ~ ~ ro ~ ~' ~o~i w q V Qp opN1 ~O City of Meridian, Idaho 25 2007 CAPER m N r to 01 O S ~i n z ~_ a~ ~ ~' d a a ~ ~ ~ ~ ~ ~ ~~ ~ ~~'~ ~ N ~ ~~ a~..n ~~-a~ ~~ ~ d ~ ~ ~ „o ~~ ~a ~s °° ~~ ~ ~~ ~, m ~ ~ d cg '* wn~? O v p~~9p1 3 N yZ nj ~ ~ O ~ Yi ~ ~' f~D C m I~ fIDD y~i (~ O'+i V N ~ rn r SQ~` ~~ r NN N ~~ (~~ i+ tll N N ~ ~ O fTi !+ N ~ W ~ ~ nOZ X ~~ N ~ N 4 NW N AAO ~ ~ S. m ~, m '& m ~~' s~ ~ ~~ ~ r. M N Z `~ C m O O a O T o w m O 3 ID m 0 3 0 V ~ ~ ro ~ City of Meridian, Idaho 26 2007 CAPER a 0 w ~p ., N ryry ~p n! N fD N ~ ~ ~3 ~ ~ ~ N 61 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~^8 c 3~a~ m ~ 6^I~lcD~i~g~~ "~~ ~~ 3 ~ ~ ~ tai ~ ~~ ,ice, a~ ~ ~ ~ ~ g ~ ~' z ~ o z v ~ ~ i= ~ n ~t .. ~ N QT ~ ~t'i t~ ~ oooooc~ fp S~ Si .. ~i ~ ~ p o000o O D to ~~ ~ ~ rt '~ ~n 'T! ~ ~ O O O O O ~~ O =jj~ 000 O O~ O O 000000000000 4~ 6 N 0 0 0 0 0 0 0 0 0 0 0 0 0 z~ ~o ~~ 0 0 000000000000 ~~ ~v 0000000000000 ~8 m a m O O O O O O O O O O O O O O ~~~~Qjj rn O 0 0 0 0 0 0 0 0 0 0 0 0 ~L O O O O O O O O O O O O O m City of Meridian, Idaho 27 2007 CAPER 10 ro .A -~ 6~ _~ x n 6! m x 3 h d 0 G A c ~ ~ °~ ~ ~ ~~ ~ '~~~ 0 ' m ~ ~ ~ 3 N v v ~ ~ ~w ~ C V V O J~ A n z~ o O 3 z Q ~. ~ .. ~ ~ ~ ,~ 3 ?~~~ ~~ Z ao N ~ ~ a ~3 5O O Z O a z c°~ o nW V 1'~ iTl O m 3 O Z D ~o w v 3 0 a O 7 S v Z d CL O d 0 3 co m O m O .g City of Meridian, Idaho 2g 2007 CAPER a~ tt~ N ~'~c ~ g~b~~~ ~ ~ ~ u=-i '~' ~~~~' ~i ~~i ? ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ ~ ~ ~ ,msY 0 ~ ~ 1"- H ~ M ~ ~ d ~ ~ d ~ ~ ~ ~ ~ ~ C ~ m ~ ~ ' Ap~poo ~ Q 1!f 7 j + 3 3 ¢D 3 ~ 7 z~ ~ ~ ~ C C6 1~~~j ~ ~ O 00 O O $ ~ ~ fV Y~1 .. S7~ g~ `S .3 ~, ~. ~ ~ _ ~ Q~~~ ~ ooooo~a ~ m z z ~~ ~~ ~ a ~ o ~' 8 '~+ Q~Q< ~ ~'"' ~dsa Baas ~ 000 0 0~ 3 ~P ~ ~ ~~ ~~ -~ ~~ ~~ O O O 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O O ~ g D{ ~g~8 O 000000000000 ~~ ~~ O ~ ~ O O O O O O O O O O O O O O ~~ ~ ~~ ~~ O O O O O O O O O O O O O ~n {n ~~ -o v ~ ~' 0 0 000000000000 0 000000000000 0 0 ~ ~ 00000000000 ~ ~ m m O O 2 2 O O m m m m City of Meridian, Idaho 29 2007 CAPER C Q 3 6 N ~ D ~' ~ o ~ 3 m D ~. ~' v ~ ~ ~' ' .. Q O u'S' ~,' ~' _~ Fc' 7 h _ ~ d c1. n ~ ~ T = ~ d 3 ~ ~~ ~ ~, ~ ~ ~ c a ~$ g v 3 ~, ~° 1 W W W N °o _°mo°o ~ ~p ~~~ ~~~ ~~~ ~~c m~ ~~ go ~n 7O o A 'may 2 _ ~ Q Z 6 (A Gl 0 70 3 a 0 41 ~ !~ ql ~' ao O ~ o m z m $w' m rn 8~ ft ~. ro ~ o o g B .. a Q z Q 0 m O 'Q4 r 3 n O o ~°. µ cn n 70 G n rn 0 m City of Meridian, Idaho 30 20!17 CAPER m V ~+~ Uf ~' ,~~ ~ ~~~~~s~ '' - r ~ ~ ~ ° ~~ ~~~ ~~° ~ ~` o~~ a 3 ~a 00000 ~' 3 ooooo~` ~i o o 0 0 0 0~ ~ ~° °ooog'o~ ~~ ~ °~~ ~~ ~O a~ ~ ~ ~ ~ ~ o ~~ ~.~~ a ~~ ~~~ ~~' ~~~ ~ ~ ~ . 00 ~ e. n •`° ~ Si ~p 3 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000000000 0000000000000 00000000000000 0000000000000 ao 00 0000000000000 City of Meridian, Idaho 31 2Q117 CAPER o~ fD ao r IJI 0 Gf O ui r'i' ~' - f'~D oT Z A c tF o~ ~ D m 67 .~ n 3 8 tii Q vv-fl~ ~ d ~ 3 ~~ .. d ,g .~'~. v ~ °~ m °v ~~~ pV pV pV N O O O ~ o°g°o ~~~ 7a ~r~ ~v~ v" ~O A~ °z~ 3 {.7 H 0 Z O Z ~~~ v ~ m ~ ,~ ~ -- ^~ o ~ v ~ w v z 'x ~. o 3 3 0 N v 0 O=1 O coo a ~ ~~p N Z A O 8 v 0 z O to City of Meridian, Idaho 32 2007 CAPER 0 m 0 0 ~ ~_~~ ~ ~ ~ d ~ ~ ~~~~~ ~7~~~ ~ Aso ~~~~ ~ ~ ~~cQ~~~~~.~~.. Pi", ~ d obi m D ~ ~ ~ ~ ~ ~. z ~~ °~~'a ~ ooooo~ ~i$ ~in~ A. f~ fp ~ ~ 7o d ro ~ ~ ~ ~ o 0 0 0 0~ D m iii ~ 00000- ~ ~' v m 00000000000000 ooooo~ 0 000000000000 00000000000000 0000000000000 00000000000000 0000000000000 0000000000000 City of Meridian, Idaho 33 2007 CAPER _~ ~ aa~= ~ ~ ~ ~~ ~ ~. ~ D ~- _ ~ m ~ ~ 3 3 '~ Z N ~ ~ ~ ~ $ O ~ F _ ~ ~ ~ ~ .. s (~ '~O ~ ~ ~ '" d D s Z ~ o ° `'~ ~ ~ .~~ 7D ~ G7 J ~ .. ~ /~ 1 y= ~ LY v v 1 ~Q V ~ ~~g $ ? ~ G °o °o o O ao w ~ N N _ 0 N ~ l'1 ~ Z O •• ~ ~ S O N _ ~ ~ C 1nD ~ ~ fD O in ~ 3 n ~"' o ~ ~ a ~ _~ '~ rn z z z m o, o0 o °. 'r~, r w ~ 3 n City of Meridian, Idaho 34 2007 CAPER o~ 0 r r 0 -„ r w s ~~a~ ~~ r~~~ 3 r. ~' ~4 ~' ~ FD 8 m ~ >X ~ ooooo ~' s ~ ~ ~ ~ oooooi~l' ~i o o 0 0 0 0~ N PJ ~ w 0p r Oppp VlV/~~ pwp 0 0 0 0 0 0~ o ~ .°~r ~~~3 ~~~~~ ' ~~~ 3 ~ °-' 8, ~ ~ ~~ ~ ~ zro I- ~ N 3 61 d N ~ 7 '~ ~ ~ ~ oar _ 0 ~ _ ~ ~ a ~ _ z ~ z ®, a say s~ ~ . co ~ g' ~ ro ;• 5D m gr' 3 O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O oN r O m N ~ ~ O 0 0 o w o 0 0 0 0 0 o w o City of Meridian, Idaho 35 2007 CAPER ~~ ~a~T ~ v ° 3 ~ ~ C ~p 7 7~~ T ~ ;~; D ~ ~ f'1 ~3 ~''~ 0 ~ ~ 4ti~' ~ ~ w' c ~ O ~ ~ ~ ~ N Vpf VpI pO ~ ~ ~ O O O Q O O O ~ ~ = ~ N ~D O 0 O ~ ' .~ . fD n ~ a~ ~ c ~ ~ ~o ~ ~ ~ ~ x ° ~ ~ 5 ~ z _ ~ a d z ~ n ^ ~ rn O v o n 3 m o °° rn ~' st 3 t0 ro W C N City of Meridian, Idaho 36 2007 CAPER o~ ~o m r W O -h r ~a~~~g~ ~ ~' ~~~ r 33 ~ ~ ~ ~ ~ a ~ 0 ~~~ ~ ~ ~~ w `° a n r fl O O ~ o W O O W O f~D S fD ~ O O O 0 0 r O O o ~ C W O O W O fD O O O 0 0 ~' g 0 ~ ~~ ~~; ~ ~ ~Oic ~ ~ ~ _ ~ ~ .. ' ~ ~ ~ ~ ~ ~ ~~ a .~ ~~" ~ Q~ ~,~ 3 ~ 7 N ~ N t N 7 ! ~ fD W W O O O O O O O O O O N r 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0000000000000 wwooooooooooNr 0000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 City of Meridian, Idaho 37 20117 CAPER d 0 m /+ w -~~ n N A 0 d 2 C ~, ~ ~ ~ ~ `° ~~ ~~ ~ ~ .. v~ $~ ~ ' ~~~~m ~~~~ ~ ~ ~ ~ `° ~~ o ~~ V ~tNO ~ O O V V O to IV IV O wwo ~N O ~ ,~ o • m ~ O p3 v z 0 S Q rn w S O rn~~~ ~~~~ ~ ~~ ~ ' 3 S Z z 0 v W D W Z N 'o a O c~i 7 (D v n O w ~/ c m 0 m O 4 n ~~ 3 p~ o 01 V n w ,z O m City of Meridian, Idaho 38 2W17 CAPER 0 0 0 m n ~ vv~ ~ ~ ~ ~ 3 C O C M ~~p N C'1 {~} s~+ -~+ pNp ~ N O 'v i~ "w w ui ~ ~ ~ m r W O r to 5i ~ c ~t8~ ~~~~ ~~~ ~ ~ ~ ~ ~ a 3 0 0 0 0 0 -~ iii' s ~ ~ ~ oooooi~' n~l ~ O ~ 0 0 0 0 0 yj W ~+ W G1 ~ N N lWT ~6p~ tD ~O ~ ~ ~ ~ 3 ~ ~~~'~°.~~.~~iD~, ~- n air c ~ a ~ ~ = g ~ ~^~ ~ ~~~ ~ g ` ~ ~ d - o ~. ~ ~~~ ~ ~' ~ ~ ~ _ ~ m z~ 'd' ~~ ~~~ <m o ~ „ m f~ s~ ~ . ~ ~ ~ n _ ffi 7 O O O O O O O O O O O O O O 0000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000000 00000000000000 0000000000000 r r W r r N ~ FN+ N V in W O O V o 0 0 0 0 V O- O~ V City of Meridian, Idaho 39 2007 CAPER Appendix 2.b: Summary of Consolidated Plan Projects for Report Year 2008 (PR06) o 0 ~ v v ~ ~ ~ to ~• > > ~ ~ ~ ~r 3 ® 0 ® 0 m ~ v S ~ ~Z 3 •• ~ ~ w ~o w~ mm ~ ~O ~ c ~~~~ ~o 0 -~ ~z~= ~p~N ~~ Z a ~v ~ 0 T~ c ~O v ~~ <~ ~v ~~ •• m -p A r m~~ 0 ~~ City of Meridian, Idaho 40 20117 CAPER 4/ N + ® tll A Y N d A G p I~1 -51 Z Y ~ a S $~`' in _ z ~ ~ ~ ~ ~ p ~ Z m ~ i oo w @ }}annD A A 'n A ~m ~cDio~ ~z~ ~~g~i ~~ ~p$ C ~ ~m~~g: ~~ ~~~ ~ o~i ~~? I m ®; c ~~~ g~ O M ~ g © 3 h1 A F~ S ~ ~~ p~ $ S ~ ~ A ~ ~ ~ 6~~ m~7~~~ac n~t~o ~gm~ ~ 7D ~ 3 3 ~ A Z ~~ Q~ 8 ~~~ ~ Q~~B v a g ~~" D ~~ a °' O O ~~q~ O p~p~ ~ O 0~pp~00 'd' ~ ~ ~ ~ ~ 0 0 p0p~D~ 0p0p~~~0 0'0' 0~I~~Ipp~ A A Q ~ O gg 3 g g O nYDO +fi ~ O ~~ g gg gg g g ~~Q Fil~O ~D© i~~ o ~ ~ ~ ~ ~ ~ ~ ~ ~r o~y~~(~~ ~ ~ a~a~b ~ ~~bj ~ ~bob~bb{~{~~yoy~~ja(~~~bob~b~{~~~j~b~o{~~~~b~~{~~~b~{~{~~~{~~}o}~~~aa~}~~ ~CSCA ~ O tl O d ~ d A ~tl O0000CYOS~tY CY00bCYtl Oii CS bti6 ~ ~ ~ ~ P ~ ~~ ~C ~~C~ ~o~ ~O~~ ~G~o ~Cp C~p~p~p~p ~~p Gopyp o~p ~op~p~p~p ~pp ~op s~O~ op~~p ~op~p o~p O O O A O O O O O O O A 0 0 O O O O O O O O O O O O O O O O O O O O O A o ~ ~ ~ ~ ~ City of Meridian, Idaho 2007 CAPER ~~ ~_ ~ O ~~ ~. v ~O ~~ ~i C 33 C ~ g~ ~ ~ -~ ~~$_ ~zf~c ~~~0 ~~ ~ mO ~' ` C q f~l m '~~ 3 ~~ ~~ q~ D ia~ ~,~ aal~ fio $s~ ~~ 41 City of Meridian, Idaho 2007 CAPER A 41 N + 0 Of 8 8 8 a' ~ ~ ® p1 2 g ~ ~ m t'1 ~ ~ ~ ~ ~ ~ S a m °~ ~~ v_ A y ~ ~ ~~ rr D m ~' c 0 0 ~~ ~~~~~~ ~~ ~o Om ~b~ ~~ ~~~oD ~~ ~~o~~~ ~3~ ~ ~~ Ozv ~mm~ ~~ ~~o~~ ~~~~ ~rn~ ~~~F o~~~ ~~_ ~~~F ~r mma i~ mp m ~~D ~goo~ ngoc ~=o"~ooo~ i~' ~ o o ~o~~' Om'g~~Fel~ O~~~fl~~~Ay~ Q ~ ~ ~Og~m o a~ ~ ~~~~po~~~~~~o~p~~i~oLao ~ ~ ~ ~ ~~~~! °o°oo°O~°o~go°c~~o°°o°o °oc~roc~o°~c~~ °o ~ °o °o °ora°o QS ~ pub}~ ~~pSffi E~~6$~~}~Sac~oa`b'~~bdb~ 0 6~ ~ ~ ~y~~b~b b ~i$~~~~C3~~Ci ~S CsO~~~Li f3 tS ~ ~ ~ a f3 ~ ~ 1~ i i;~b~~~b~~ffi~~~~~~~Qo~ ~ ~ ~ ~~~~ • ~~~°og°oci~g~a4i`c~~~~~o~oa~ u u a w~ou? ~Q~~~~~~~~Q~~~Q~~Q~~~ ~ ~ ~~~Q~! ~o~i'~oo~oooooo~~oo~~v o 0 o w ~a'o~~ $ooo§u~a'~oc~~o~~$'~~~u~g~ ~ ~ ~ ~ udu~'u ~ 3 j C 1 ~ ~ O Q ion ~~~ j 1IZff1I i O i v I i ~ i~ ~~ ;~ S 5s ~a ~o§ ~ = o~~ t~' ~ o iS~ u~S~ 42 Appendix 2.c: Summary of Accomplishments Report (PR23) P1t23 (1 of 7) -Count of CDBG Activities with Disbursements by Activity Groap & Matr... Page 1 of 1 Bleared Reports MY Repoeis Create Report History List Preferences Search > share~t deports > P_R 23 -Summary of Accompl~ments > PR23 (1 of 7) - caeret of t3]BG Activlttes will. ul~e,rsements by Acdvlty crap & Ntatrbc code { File Vow a Data Y Format ! last update: 12/15/0912:02:10 PM ~~ W f (Custom) I m I~1I PA('E-BY: Graret~: 230146:MQ2IDIAN.: -..; Fw Program Year: 2(~8 _ . Data rows: 13 Data columr~: 6 Source _ Actlvity GrottP Activity Category (~ Metrics Underway Activity Completed Amct riUes Year Acitvt~es Fact) Coum Disbursed Cant Disbursed Carts INsf~rsed Property ReletedDem~itton (04) tto>~tg Direct MC HOrtteownE113hip Assislartce (13) Cade Frriorcement AAC (15) Pui~ Facififfi~ /Senior Centers MC lrr~ovem~ts (03A) Youth Centers AAC (03D) Pubkc Senri~s Publ~ Seivl~ MC (Gerrerai) (OS) Planning! General Pra~am MC /~ministraGve Admut~on (Z1A) 1 $24,700. 0 $0.00 1 $24,700.00 1 $24,700.00 0 $0.00 1 $24,700.00 i $45,Q~.00 0 ~.~ 1 $45,000.00 0 ~.~ 1 $1,395.50 1 $1,395.50 1 $45,000.00 1 51.395.50 2 $46,395.50 i $3,2~.Q4 0 $0.00 7 $3,208.04 t $30,OW.00 0 $0.00 1 $x,000.00 2 $33,2~A4 0 $0.00 2 $3;1,208.04 1 $29,92725 0 $0.00 1 $29,9'17.25 t $28,927.25 0 $O.OD 1 $x.92725 i $47,5.00 0 ~.~ 1 $47,500.00 1 $47,~.~ 0 ~.~ 1 $47,~A0 6 $180,335.29 1 $1,395.50 7 $181,730.78 City of Meridian, Idaho 2007 CAPER 43 PR23 (2 of 7) -CDBG Sum of Actual Accomplishments by Activity Group and Accompli,,, Page 1 of 1 Shared Reports trty Reports create Report History ttst P.+efemn«s Search I~ > Shared Repot > PR 23 -Summary of Accomolishmerrts > PR23 (2 of 7h -CDBG Sum of Actual Acaomul~hat~rts by Activity Grarro aryl Acrnmut~hment Try File ~ V'~ew 7 Data.. Farmaz ! l~ update: 12/15/0912:06:22 PPt ~~ (~~) PAGE-BY: Grantee: 230146:MERIDIAIV ~ - For Program Year: 2008 j .~ Activity Group AAattix Code Accompiishmertt Type Sourw Type (for Funding Fact 11AeU Saur~) Awn / Propm[y Related Clearance and DernclIDion (04) Btu Hausir~ Direct F~ RAC Assl~arxe (13) Code Erdarcente-rt (15) Fersoms AAC Public Fa~lit~s / Senior Centers (03A) Pules Fa~itles MC Impra-emeriGs YouHt Cerdars (Q3D) P_ubflc Fatties ARC Pu~c Services Pubes Senrtc:es (GenaraQ (~ ~ MC City of Meridian, Idaho tkj. 2007 CAPER PR23 (3 of 7) - CDBG Beneficiaries by Racial /Ethnic Category. MicroStrategy 8 Page 1 of 1 Shared Reports MY Reports Create Report History List Preferences Search IDZS > Shared Repor > PR 23 - Swnmary of Accomol~rt~ > pR23 (3 ~ 7) - CdBCi Be~tefidarles by Rawl / Etiu~Ic Categary File ~ 1fa:w ~ Data ~ Format~'+, Last update: 12/1510912:07:53 PRA _. ___ _____~_ ___._._.__.~._e_.-- ~~ mm () I IW PACsE-BY: ~arWee: 230146:MQ21DIIOd ~ For Program Year. ~ ', Hou~ng-Hon ~ ~u~ T<y~ (ter dAlr~an MC Amerk:an Total Rian Housir~t WVhita MC ~dc/A1r~an MC American Asian MC American MC IraijaNAtaskan R~6+ra Other muftl-rani MC Toil Tom Whiff MC BladtJAlr~an MC Amerman Akan MC Amer~an t ti I ii Al k R MC arV an o a ve ra as 05~r multl-rail MC Total Data roars: IS Data columns: 4 Total Total c M l i Tatel Total Hispanic e r ~ Persona Perna Househohta Fbusaholds 0 0 1 0 0 0 2 0 0 0 3 0 13,3;17 2,140 0 0 121 0 0 0 166 0 0 0 237 0 0 0 1,442 0 0 0 15,303 2,140 0 0 13,337 2,140 1 0 121 0 2 0 166 0 0 0 237 0 0 0 1,442 0 0 0 15,303 2,140 3 0 City of Meridian, Idaho 2007 CAPER 45 PR23 (4 of 7) -CDBG Beneficiaries by Income Category. MicroStrategy S Page 1 of 1 Shared Reports b1y Reports Create Report History List Pref~enaes Search > Rgrwrts > ~t 23 - Summary ~ Accomnl~hm~ts > PR23 (4 ~ 7) -CDBG Ben~aries by Inwme Category We_ _ . ___ _ _,_._ . _ - -, ,~~ Y~*r ~ Data ~ Format ~ Last update: 12/15/09 12:09:43 P6A ~~ (Custom) --1 ~ m PAGE-BY:Grantee: 230146:MQtiDUUd~ - :Far Program Year. 2~8 Data rows: 12 Data columru:: 3 MC 3 0 0 MC 0 0 0 MC 3 0 0 MC 0 0 0 MC 3 0 0 AAC 0 0 7,475 MC 0 0 4,728 MC 0 0 2,314 MC 0 0 14,517 MC 0 0 786 MC 0 0 15,3~i City of Meridian, Idaho 46 20U7 CAPER PR23 {S of 7) -Home Disbursements and Unit Completions. MicroStrategy 8 Page 1 of 1 Shared Reports My Reports Create Report HlsLory LIB Preferences Search [~ > Shared Reps > FR 23 - Summarv ~ Acmmolwhments > PR23 (5 of ~ -Home Duets and UnR Comph~Uons File ~ Yew j~ _Data _~. Format Last update: 12/15/0912:11:07 PPS (ate) PdGE-BY: Grandee: F~ Program Year: Data rows: 0 Data columns: 0 1~ eta returrred for this page by selectia~. City of Meridian, Idaho 4'] 2007 CAPER PR23 (6 A of 7) -Home Unit Completions by Percent of Area Median Income. MicroStra... Page 1 of 1 ~rared Reports Mr Reports create Report HisGary list Preferences Search DAIS, > Shared Reps > PR 23 - Summary ~ Accnmpl"rshments > PR23 (6 A ~ 7) -Home Unit campy b1l Pert of Area Dian Ltcome Fde d View ~A Data s Fermat ~ Last update: 12/15/0912:12:10 PPA J~I~J ~~m) I Im Pd(~E-BY: GranOee: F~ Pra,~am Yom: Data rows: 0 Data tohurms: 0 No data reriurred for this paw by selection. City of Meridian, Idaho 4.g 2007 CAPER PR23 (6 B of 7) -Home Unit Reported As Vacant. MicroStrategy 8 Page 1 of 1 Shared Reports ~Y RepoKs Greats Report HisUory Lh~ Preferences Search DAIS > Sfiared Reprn~ > PR 23 - Summary ~ dccompJ,ishrrrents > PR23 (6 B ~ 7) -Home Ihdt As Vacant Fla p brew ~j aBata~ Format Lam updatie: 12/15/0912:14:01 PM (CusUOm) ~ ~~ PA(s'E-BY: Cuantee: Fa Program Year: Data rows: 0 Data columns: 0 Pfo data returned for t?tis page by selection. City of Meridian, Idaho 49 2007 CAPER PR23 (7 of 7) -Home Unit Completions by Racial /Ethnic Category. MicroStrategy 8 Page I of 1 Shared Reports My Reports Create Report History lls[ pref+~ences Search IDIS > shared Reportg > PR23 - Summary ~ Accomdi~ments > pR23 (7 ~ 7~ - Homae 1Hdt completions hil Radai Ethnic Category Fde ~ Vieuv ~ Data Format ~ Lam update: 12/15/0912:15:44 PIW (Custom) PAGE-BY: Grantee: For P-ogratn Yom: Date rows: 0 Data toltunr~s: 0 No data retmrred fnr th$ page by sehxtion. City of Meridian, Idaho 50 2007 CAPER Appendix 2.d: Financial Summary Report (PR26) ~ o 0 °c ~ ~ ~ c c ~ ~ ~®~ '~ 1 1 y ~ 3 ~ ~ ~ J 'a 2 ~a 1~ 3 O '1 V/ O Cq~ J 8 C 0 C ~_ Z v c ~~ ~~'N !!~°~ ~~ ~ City of Meridian, Idaho S 1 2007 CAPER 1D$~5`3'~`~2i~a'm'A'r"3r{3~'~mo~:e9a>waww :rpo $9$~$$R8$ ~v c cayo~~c~c4i~~~~~-ov=~~-~~CCC~~~~i~c` ~~v~ Q 3 z zc•• mZ o~11 ~~ ~Q~--off ° cra z vm{ C C~ C 1 S~ S m z r 1~°° O m ~~~~~ z_ ~ c D~ Z Z~ m m c~ ~j ~j miO m z m3z~n~< W yg zap ~G ~l7 O C ~ ~ C~ ~ Z rO 'r2 ~ ~ 8 ~ ~ ° ~ v ~ C z~r p3 ~ ~ ~ c m o a az~~ 5z ~$~--iiOQOV~a"'~-z-zln~~g~~~ ~O ~ B~ ~v~n",~~o~~,~ooo~~~~°~~oo~"'~o~v,o,n~ ~c~~oQ o~p ~ °m"c5iOoz~~70aA~~g~g~'~"~ooo ~z~AC~ ~ sa c cam aa ~°z'~ r ~ C ~ v ~ ~$ '3 ~ m ~ ~ ~ r ~(a m 3 Cy mm y~ ~C m ~CN d2 ~ O ~O?Cjr DO rC~m~~ -1~ OC-I ~_Of- W O OCb~N ~~ ~~-ymip~~pam~-Dm~l~~~s -Dm-IZ~~~pD~ 8zr Df~p 1N ~~ ~Z ~m ZF-'17~~~C~F-- ~m f- /lpgl- 8~ vC m m~~ '~ co ~3'tmn~aza~z~mmDb~^ ~ ~cy~< c O~n v vAC~z m~~m~<~=tzi~ZmA$~Z~ ~ ~m ~ t°a v O O~ S fn O A~ ... 3 O O a... Q~ ~ ~ 5 •n cT~ ~..~ '"'~ Dv~vm~iS~~y °Dtn2 ~ uo'o ~ C gmg OHO A~CI~~ ~~~m ~ ~ ~ ~ ~ ~ ~~io ~ztzn ~ ° ~vSZ+$ n ~ v -~ w ~ ~~ o m o v~ ° ~ H O w W N $ N y~ O 6f ,~ ~ r A A ~ V O 10 G < ~ N (J~ QQ V (J~ N ~l V r ZZZD 0 0 .~ o o f3o~oo S$oo8~a'' o $ wooooouVi o 0 o b cg~o o~ :io'voo b~ oo'v o ~ ooooooc o 0 o rn ato o ~momoo ~ m$oom o m oOOOOOO o aG City of Meridian, Idaho 2007 CAPER O m c 'p O ~ p ~ ° ~ ~ ~ ~ ~ ° ~ ~ ~ O R O '~ $$' x ~p~g ~ a v ~ 0 m o c ~ O D .9 ~ N I4~oo ~~ 52 ~~~g~~jg~~ ~~;a9a;qq~~4~1~~3i3~~ v m ~ D D~y~m0 ~_ Oc N ~~~~~~~C~C~< m~~~~~~u ~ ,~~D , g ~~ ~~ ~~ z'"Y~~"m~~''~a~az~ Zm~~~m ~~~~~z~ ° °ov ~~~ ~Z~ ~~~~ ~~ ~ Qua ~~s~ ~~ ~ ~ ~~ ~ v~-~z m-i p O ~ v~-+ ~~ z~~g + DF ~ DZ~ ~39Fm V Az Cm zy m mge ~z~° zf~i ~~ O 3a D mp ~i°n ~~ O O?v ~Nm ~~ ~~O ZD rt~Vj C~~ ~~O Z~ 2 D ~ g s ~ p~ ~~ ~ ~ z fA ~ z Z f fn A ~ m ~ ~ w ~ Z r"' A ? m m ~ m ~ o c N NN NN m awl V V V V ~ v~ ~~g1 ~ oz ~o°~~°o~ Qi °o ~b 3x Qu°od~do~i~ n$ ~ vc ~~~ ~a ~~p-n G3 Zy~ cnZ~c ~ g~~ v ~ o v ~~ c 8 rr~i D m ,.. J _\ City of Meridian, Idaho 53 2007 CAPER Appendix Z.e: Timeliness Report (PR56) o; g~~ o;~~ ~, b~ .. ~~~ ~~~ N.oZ ~~~ .n ;v °c° ;Q ~; V ~~ lVJI ~ o'~ _ C ~ O cn ; ~ ~~ C ~ N , ~ r G1 ~ i ~ ~ 3 "'~~~ ; v~ ~ ~D ~~. ads gm , o ~ ~~ ~ s ~ ~ jD ~ m c ~ ~. s ~ z ~On 7Orn m m ~ ~ ;`9 = ~ ~ v~v° f~u1 ~ v r ; 3 ^ m ~ ~ ~ p ~ V q rt tr ~ ~ . - O O ~~0 O ~ i i 3 q E ~ 33 '~C ~ 4.a ~ v~ _ ~ ~~ r ~ ;gam o rn m ,r i, ~1.d rnm ~ ~ r 0 0 r ~ ~ City of Meridian, Idaho 54 20117 CAPER Appendix 2.f: Performance Measures Report (PR83) -i' 2 ' -1i .~ -1' .'~ ' i ~ ~ : i ~ i ~ a ~ i ~ ~ ~ i ~ ~~ ~ ~ i ~ ~. ~~ l.g i m vi i ~, ~ i~ i i i ~ i i i i i ~ ~ ~ ~ ! m i i i i i i i ~ i i e eie I ®® ®i e e i eie o 0 ; ee e e 0 o e 1 i ~ i I ~ ~ ~~ ~ I ~ie e~ i o~e e® e~e e e ~+~ i i ~ ~ ~ ~ ! ! ! ! ! eie e e i eie e e eie e o i ~ i ~ ~~ i ~ ~ eie e e ~ ee e e e~a e e ~ ~ i i~ ~ i ~ i i i i i i i i i ei o e e ~ o~e o o e~ e o ~ ~ ~ ' ~ i eie e o eo 0 0 o e o i i ~ i I ~ eeee ~ e~eee epee i i i I I I eie e e eje e e eie e e ~ i ! ! i i ~ i ~ I ~i it i ! i ~ ~ n ~i a e~ i oio e e oio e e i~ . I I 1 I i City of Meridian, Idaho 55 2007 CAPER 1 ~ ~ ~ ~ ~" z~ ~~ ~~ ~ ~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~. ~~~ ~ ~~ 9 m~ 0 o ado 0 0 0 ~. 0 0 0 o 0 0 o I' :~ 0 0 0 0 0 0 0 ;I 0 0 0 0 0 0 0 ., 0 0 0 0 0 0 0 0 00000 0: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O City o1' Meridian, Idaho 2007 CAPER ~! ~~ i ~~ 0 ~~ ~ ~ ~~, ~ ~ ~ m ~~ ~~ ~~ o m ~g ono 0 a 0 0 0 0 0 0 0 0 0 0 0 0 000 000 0 0 0 0 0 0 O O O ~ ~ 8 ~ c ,i; ~ in ~~ ~~~ ~ ~m~ ~_ n~ ~~~.~ ~~ ~o ~~g .. ~ s~. (ybN±~ N ~ tD 56 ~ ~ o ~ ~ , o ~ ~~~ ~~g ~ ~ ~~ ~ ~ s ~ ~ ~ ~ ~ ~. m ~ ~. ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ ~ 0 0 0 0 00 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O ~~. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ 0 ~ 0 ~ ~ ~ ~ City of Meridian, Idaho 2007 CAPER C 5. m m 0 R n e C ~ ~ Q~ 8 p~ $~ Ly, `~ Z ~ ~~~ ~..~~ a ~~~ ~ 4 9 ~_ r ~ N ~1p W .A t0 57 ~ ~ ~ a ~ ~ $ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ;ono 0 0 0 0 0 0 ~ ~ ~ ~; o o h o 0 0 0 0 0 0 ~''; o o 0 0 0 0 o O O 8`~ ~~ ~a ~_ o 'o 0 0 0 0 0 0 0 ~~~ ~~ ~..~'~ re' °~~ n~ o o 0 0 0 0 0 0 0 ~ ~~ ~~~ ~~~ °_' ~ '~ ~~ o ;0 0 0 0 0 0 0 0 o ;0 0 0 0 0 0 0 0 j o ;0 0 0 0 0 0 0 0 ~: o '0 0 0 0 0 0 0 0 ~, D D ~~~ O !O O O O O O O O N ~~ •• A A City of Meridian, Idaho 58 20(17 CAPER p O ~ '~ ~ ~ i ~ ~ z a z z a ~ ^ ~ ~ .. ~~ ~ ~ ~. Q ~' ~` ~ g s ~ ~ ~ ~ S B ~ ~g. ~ 0 0~0 0 0~ o 0 0 00 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O City of Meridian, Idaho 2007 CAPER ~~ G S ~~ ~~ ~~ g C ~~ S "~ 8d y `° 3 ~ m ti a 2 °~~~ ~~~ rn~~ N ~i ~bn N V W 59 D < Z S' ~ ~ ~~ ~ ~ 0 ~ ~ C 0: ~~ p8O4~ S ; G r~ c ~ ~ 9 c ~' ~$ g ~ ~ $, ~~~@p ~a ~~ ~ ~ E o~ 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 ~~ o o~ o ~ ~ i,Cn 0 0 0 0 0 0 0 0 ~ 0 0 0 ~ 8 ~, ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 ~g ~m ® ~ 6 ~c o 0 0 0 0 0 0 0 0 ~~ o 0 0~ p~i '. $ 3 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 7 0 0 0 h, " ~ , 0 0 0 0 0 0 0 0 ~~ 0 0 0 ~~ ~ ~ ~ 0 0 0 0 0 0 0 0 ; ,' 0 0 0 •, ~ p O O O O O O O O -1 ~ , O O -1 O ~ ., N Ng$ City of Meridian, Idaho (Q 2007 CAPER QQQ yp~ C ~ C C , ~ m ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ g _ ~ ~ ~ a'! 3 ~ ~ ~: ~~~~ o~ooo o~ m: O o~o 0 0` ~ ~ ~~ 0 0 0 0 0$ ~ ~~ ~ ~s ~ ~ ~ ~° 00000 ~~~ m ~~ 0 0 0 0 0 ~a~~ ooooo ooooo~ O O O O o ~~ O o 0 0 0 ~ ~ ,~ ~~~ Q M O O O O O (LET' N 4/ O~ City of Meridian, Idaho ( ] 2007 CAPER c 0 c ~ ~ ~~ p, N (~ g. a a a a a ~ a a O 0 o a o 0 0 0 0 W W W W a a a a 0 0 0 0 0 0 0 0 0 0 0 0 W W W W ig i _~ ~~ e ~ o t~ -I: ~: If q r . }p Z u• • ~ C _ ~ ~ ~ "j ~ ~ C Vi J a o a a a a a !~ O O O O O O O E~ 0 0 0 0 0 0 0 ~~ 0 0 0 0 0 0 0 '~ 0 0 0 0 0 0 0 ~Y ;~ 0 0 0 0 0 0 0 ;~ o a o 0 0 0 0 ~~ 0 0 0 0 0 0 0 ~~ ~~ 0 0 0 0 0 0 0 ~~ O O O O O O O , e L 7~ C n ® ~ N ~ ~~~~, ~~ ~ ~ ~~ ~ ~m ~. ~~ ~°~ c a~~ ~~~~ ~~~ ~~ p>p i ~ t~~ f i ~+O City of Meridian, Idaho C2 20(17 CAPER ^~ C ~ C C ~ ' O , 4 4f O. !Y ~ 3 ~ ~ ~ ,~ 9 ® ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ ~. ~ ~ ~ ~ .~ ~ ~ ~ ~ 0 0~ O O O o o 0 0 0 0 0 0 a ~ ~. 0 0 0 0 0 0 0 o O o 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O b O O 0 0 0 0 o O O o o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 o O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O °. m e~ 5 C ~~ ~~ ~ ~~s, R ~~ ~ ~~ _~~ C ~ ~ 4 ~~~~ ~ a ~ ~. m ~~ O ~~ m >~g ~m~ N N O City of Meridian, Idaho 63 2007 CAPER ~ ~~ ~ ~ ~ ~ ~ ~; ' ~ ~~ ~ ~ ~ ~? ~ ~ ° i~ $ ~~ vn ~ ~ 7 ~~ o ~ ~ ~ ~~ o~o ~ ~ ~ o o ~ _ ~ 0 0 ~~ o ~ o ~~ ~ ~ 0 0 o o 0 0 ; o o 0 0 ~~ 0 ~ o o ~, 0 ~ 0 0 o o 0 0 'o o 0 0 ~~ O ;o o ~~ O p ~ 0 0 7~ o o ' :~ 0 0 ~ ~, ;o ~ o o? ~ C ~ Z• r •• ~: ~ ~ ~ s s ~~ ~ ~ ~ 7 ~i i ~ ~ o~ o~o o ~) ~~ a w 0 0 0 ~ o ~! ~~ 0 0 0 0 'I I 0 0 0 0 ~~ ;~ 0 0 0 0 0 0 0 0 ;, 0 0 0 0 :, 0 0 0 ;; 0 ~! :~ 0 0 0 ~i 0 ;I 0 0 0 0 m ~ ~~ ~ c n ~ ~ to ~ ~~~ R ~ ~ ~~ ~~~ ~~m a~ ~~ ~~~ ~~ x~ n i Dt~> .~^ [~ ~n wo~ City of Meridian, Idaho 64 2007 CAPER Appendix 2.g: Strategy Area, CDFI, and Local Target Area (PR84) IRIS -PR84 U.S. Department of Fbt~ing and Urban Development DATE: 12-15-09 Office of Community Planning and Development TIME: 13:14 ]r~egrated Disbursement and Inforrnatron System pAGE: 1 CDBG Strategy Area, CFDI, and Local Target Area Report MERIDIAN,ID Program Year 2008 Totals for all Areas Number of new bu~nesses asses 0 Number of e~asting businesses assisted 0 Number of jabs created or retained in area 0 Amount of funds averaged 0 Number of LMI persons assisted By direct benefit activities 0 By area benefit activities 0 Number of LMI households ~~ 0 Number of aor~ of brownfields remediated 0 Number with new access to public f~il~ies/improverr~nts 0 Number of business facades/Iw~dings rehabilitated 0 51um/blight demolition 0 City of Meridian, Idaho C5 2007 CAPER MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. SP REQUEST RESOLUTION NO. Ua '~ 0 :ADOPTING MERIDIAN POLICE DEPARTMENT ADMINISTRATIVE POLICY ENUMERATING APPROVED ALCOHOL SERVER TRAINING PROGRAMS AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: SEE ATTACHED CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. CITY OF MERIDIAN RESOLUTION NO. --I O BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADOPTING AN ADMINISTRATIVE POLICY OF THE MERIDIAN POLICE DEPARTMENT REGARDING APPROVED SERVER TRAINING PROGRAMS; AUTHORIZING THE POLICE CHIEF TO CARRY OUT SUCH POLICY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 3-7-2(B) states that the Chief of Police shall approve a server training program upon a determination that such program educates participants and tests participants on nine enumerated topics; WHEREAS, the Chief of Police finds that the programs enumerated in the Administrative Policy attached hereto as Exhibit A do meet the requirements of Meridian City Code section 3-7-2(B); and WHEREAS, the Mayor and City Council find that it is in the best interest of the health, safety, and welfare of the people of Meridian to adopt and effectuate the Administrative Policy attached hereto as Exhibit A; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Administrative Policy attached hereto as Exhibit A is hereby adopted and effectuated by the Mayor and City Council of the City of Meridian. Section 2. That the Chief of Police is authorized to carry out said Administrative Policy. Section 3. That this Resolution shall be in full force and effect on June 1, 2'010. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ d y of ~tt,e~,n~laQ.12 , 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of ~t~~KVb.e.~ , 2009. APPROVED: ATTEST: F Clerk eh~,~ ~m~~, ~ o a<,~ir~ ma~o~ .9 ~~~ _ .~ o~ ~, ,, RESOLUTION ADOPTING MPD ADMINISTRATIVE'~fl~ y `~~~~````` ENUMERATING APPROVED ALCOHOL SERVER TRAINING PROGRAMS Page 1 of 3 ExxiBIT A RESOLUTION ADOPTING MPD ADMINISTRATIVE POLICY ENUMERATING APPROVED ALCOHOL SERVER TRAINING PROGRAMS Page 2 of 3 ~~~t~~ Meridian Police Department ADMINISTRATIVE POLICY SUBJECT: APPROVED SERVER TRAINING PROGRAMS PURPOSE: To enumerate Approved Server Training Programs, the completion of which shall qualify a Server for certification pursuant to the requirements of Title 3, Chapter 7, Meridian City Code. POLICY: These server training programs are found by the Chief of Police to meet the requirements of Meridian City Code section 3-7-2(B) and are therefore deemed to be Approved Server Training Programs for the purposes of Title 3, Chapter 7, Meridian City Code: 1. ServSafe Alcohol Responsible Alcohol Service Training program National Restaurant Association Educational Foundation 175 West Jackson Boulevard, Suite 1500 Chicago, Illinois 60604-2702 (800) 765-2122 http : //www. s ervs afe. com 2. TIPS (Training for Intervention Procedures) Health Communications, Inc. 1101 Wilson Boulevard, Suite 1700 Arlington, Virginia 22209 (800) 438-8477 http://www.gettips.com 3. Learn25erve Alcohol Seller and Server Certification 360training.com, Inc. 13801 N. Mo-Pac, Suite 100 Austin, Texas 78727 888-360-8764 http://www.learn2serve. com RESOLUTION ADOPTING MPD ADMII~TISTRATIVE POLICY ENUMERATING APPROVED ALCOHOL SERVER TRAINING PROGRAMS Page 3 of 3 MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. JrQ REQUEST Letter to Idaho Transportation Department Regarding Eagle Road Access Issue Amended onto Agenda at Starf of Meeting AGENCY COMMENTS • Contacted: Date: Phone: Emailed: Staff Initials: CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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: Materials presented at public meetings shall become property of the Cffy of Meridian. • MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba December 21, 2009 Ms. Pam Golden Idaho Department of Transportation P.O. BOX 8028 Boise, ID 83707-2028 SUBJECT: EAGLE ROAD ACCESS ISSUE Dear Ms. Golden: On behalf of the City of Meridian, I would like to express concerns about the functionality of the access restrictions at the Market Square development on the east side of Eagle Road between Ustick Road and Bald Cypress Road. When the Market Square was constructed, an island was placed to create a right in-right out access to Eagle Road. It is clear that the present design is not functioning as intended, as various city officials have observed. The design of the island is such that the prohibited movements are occurring with both ease and/ or driver awareness of the restriction. Traffic has been observed turning left into the development from Eagle Road and left out of the development onto Eagle Road. In some instances cars have been observed entering or leaving the property via the wrong lane. For example, turning left from Eagle Road into the right-out turn pocket. In order to address these issues, the City would respectfully request ITD to review this access in order to determine and implement the most appropriate method to remedy the situation before a tragedy occurs. Thank you for your attention addressing this public safety matter, and if you have any questions please contact Pete Freidman with the Meridian Planning Deparf~nent at 884-5533. Sincerely, Tammy a eerd Mayor Cc: Meridian City Council Dave Jones, District 3 Engineer Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phnna ~nR_ARR~dR'3 F~v 7nR-RRdS211Q _ ~en~nei mcrirlionnihi nrn • • MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. 6A1 REQUEST CITY CLERKS OFFICE -REQUEST BY LEE WHITE FOR WAIVER OF FEES FOR ACCESSORY USE PERMIT AGENCY CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cily of Meridian. COMMENTS SEE ATTACHED ~~~~_ A~ ~~` Contacted: Date: • • City of Meridian City Clerk City Planning and Zoning City Council DECEMBER 6,2009 ~~c~IV~ DEC 0 720Q9 CITY OFG4~fE CITY CLERKS OFFICE My name is Lee White My purpose for this letter is to request a waiver of fees for the Application which I have been directed to apply for. I have been repairing, rebuilding, and recycling items, mainly of a household nature, for some time. The recycled items have been placed out on my front driveway, usually with no signs and only few in number at a time, for disposition to the public at very favorable prices.(pictures available) Many items have been donated to charities, such as Youth Ranch, Deseret Industries, BSU small engine repair division, and to needy families. It seems someone had a dislike for what I have been doing and reported me to The City Of Meridlian. Code Enforcement then came and told me I had to stop through the end of the year. I have completely complied, but would like to continue filling the niche I have found to keep me active in my retirement years. In support of my request, I asked for letters from neighbors who wished to express how they felt about my activities The response has been overwhelmingly in favor of my doing what I have been doing in filling a • need in the neighborhood. To date there have been 151etters received expressing their support of my neighborhood service. Included in these numbers aze two teenage neighbors whom I consider to be my friends. Others whom I don't know personally have written suportive notes stating they aze in favor of my continuing doing what I have been doing. Probably ten other people said they would write a letter, but didn't get it done. The fee of $160.00 seems steep in light of the fact that a large portion of the funds created end up going back into the community. This was detailed in another letter I drafted to the Mayor and City Council and is available for anyone to see upon request. If this waiver requires being heard by the City Council, please advise via one of the phone numbers listed below. Thapk you, ~cJ ~~" ~~~ Lee White 1750 N. Ten Mile Rd. Meridian, Id. 83646 Phone 846-8733 or cell 340-5867 • ~' `e December 15, 2009 Meridian City Clerk; The enclosed material is being given to you to be included in my package (Lee White), now in your office. It is being supplied upon the recommendation of Meridian City Code Enforcement Officer Mr. John Hoffart. In an effort to expedite the appearance which I anticipate before the City Council, I would like to supply the enclosed material. It will help the Mayor and City Council know somewhat of the issues being brought before them. If this packet can be given to the Council beforehand I feel each of our time will be best spent. Thank you , ~' ~~. ~~? Lee White 1750 N. Ten Mile Rd. Meridian, Id. 83646 Ph. 846-8733 or 340-5867 ~ UNION PARK OFFICE 1 ~ t - .~~~ n~ ®6925 Utrion Pack Ceater, Su&e 160 tNTEO8AT8D TiTLB SBRYIC83 / Mltlt~~e, Ura6 &j0¢7 Te1.801.307.0160 Fatt.801.307.0170 ,IDU 111 C~~ '1-d R~rxr~v~ UGC ~rT~,K'S F~ r'~~~ r-,9~e,~j A~~ S,~P s~c.~.~~,G/y~~o s~~ ~hli9~kS ~~~ ~~~~ `~c9~K T, L C S' '~' ~'~ ~7` code ~o~e~t o~e~ Meridian Police Department ~ 1401 E. Watertower • Meridian JD 83642 hoffartj®~ridiancirywg •--- . Report ~ Phone (208) 846-7369 FAX: 846-7366 Dispatch (ZO8) 3774790 MERIDIAN CITY COUNCIL HONORABLE MAYOR AND CITY COUNCIL MEMBERS MY NAME IS LEE WHITE AND I RESIDE AT 1750 N. TEN MILE RD. THE REASON FOR THIS LETTER AND ATTACHMENTS IS BECAUSE OF THIS NOTE FROM MR. JOHN HOFFART OF THE MERIDIAN CITY CODE ENFORCEMENT DEPT. (SEE ATTACHMENT) HIS INSTRUCTIONS ARE TO CEASE SELLING ANYTHING AND EVERYTHING FROM IN FRONT OF MY HOUSE FOR THE YEAR. I LIVE NEXT TO A WALGREENS DRUG STORE AND HAVE BEEN REPAIRING, REBUILDING, AND RECYCLING ITEMS-----MOSTLY OF A HOUSEHOLD NATURE AT MY SHOP OUT BEHIND MY HOUSE. THE MAJORITY OF THE ITEMS HAVE BEEN RECONSTRUCTED IN SOME MANNER SO AS TO KEEP THEM OUT OF THE LANDFILL AND EITHER GIVEN TO THE NEEDY AND CHARITIES OR DISPLAYED AT THE FRONT OF MY HOUSE IN A NEAT APPEARING MANNER. THOSE DISPLAYED, ARE DONE SO NEATLY AND FOR SALE TO ANYONE WHO MIGHT STOP AND ASK ABOUT THEM. VERY SELDOM DO I PUT A SIGN ON ANYTHING. ' BEFORE GOING ANY FURTHER, I THINK IT IlVIPORTANT YOU KNOW A LITTLE ABOUT ME AND WHY I DO WHAT I DO. I HAVE RECEIVED MUCH FROM MY COUNTRYAND THE COMMUNITIES I HAVE LIVED IN. IT IS MY DESIRE TO GIVE BACK TO THEM, IN SOME SMALL WAY, IN MY RETIREMENT YEARS. I GRADUATED FROM NAMPA HIGH SCHOOL IN 1952 AND IMMEDIATELY WENT.TO WORK INSTALLING TELEPHONE EQUIPMENT, BEGINNING IN BOISE AND OVER THE NEXT SEVERAL YEARS COVERED A LARGE PORTION OF THE MOUNTAIN STATES. I WAS DRAFTED INTO THE ARMY AND SERVED TWOYEARS--ONE EACH IN THE STATES AND JAPAN. UPON RETURNING FROM THE SERVICE WE BEGAN OUR FAMILY WHICH CONSISTS OF TWO SONS WHO ARE BOTH EAGLE SCOUTS. IN TIlVIE I FELT THE NEED TO FURTHER MY EDUCATION AND ENROLLED AND GRADUATED FROM WEBER STATE COLLEGE IN 1966. NEXT STOP WAS PHILLIPS 66 WHICH TOOK ME TO OKLAHOMA AND THEN TO THE BAY AREA OF CALIFORNIA. I FINISHED MY WORKING CAREER WORKING IN THE ELECTRONICS INDUSTRY DOING FACILITIES MAINTENANCE AND REPAIR WORK. UPON RETIREMENT WE RELOCATED BACK HOME IN THE TREASURE VALLEY, NAMELY MERIDIAN, WHERE WE NOW RESIDE. ASIDE FROM WORK, I HAD THE OPPORTUNITY TO TEACH A CLASS AT SAN QUENTIN PRISON ON MY SATURDAYS FOR NEARLY TWO YEARS. I ALSO SPENT OVER 40 YEARS WORKING WITH BOYS IN THE BOY SCOUTS OF AMERICA. FOR THIS SERVICE I WAS AWARDED THE DISTRICT AWARD OF MERTT AND THE SILVER BEAVER AWARDS. TO THIS DAY I STILL WORK WITH MANY BOYS ON THEIR EAGLE PROJECTS AND ASSIST NUMEROUS CUB SCOUTS BUILD VARIOUS THINGS TO HELP THEM LEARN HOW TO USE TOOLS. SINCE I AM NOT READY TO RETIRE TO THE ROCKING CHAIR OR SIT IN FRONT OF THE TELEVISION ALL DAY, I HAVE FOUND A NICHE WHERE I CAN BE USEFUL AND BENEFICIAL TO MY COMIVIUNITY BY REPAIRING, REBUILDING ,AND RECYCLING ITEMS WHICH MOST PROBABLY WOULD END UP IN THE LAND FILL. MANY OF THESE ITEMS GO TO NEEDY PEOPLE AND CHARITIES WHILE THE REMAINDER ARE PUT ON DISPLAY IN FRONT OF MY PLACE FOR SALE AT FAVORABLE PRICES. ASK ANY NUMBER OF THE NEIGHBORHOOD KIDS WHO HAS FIXED THEIR BIKES, SCOOTERS, OR LAWN MOWERS. ALSO ASK THEM IF THEY THOUGHT THE "KIDS ONLY" YARD SALE WAS FUN AND IF THEY WANT TO DO IT AGAIN IT SEEMS THERE IS A SOMEONE OR SOMEONES,.WHO THINK I AM A DETRIMENT TO THE COMMUNITY OR A NUISANCE IN SOME MANNER AND THAT I SHOULD CEASE DOING WHAT I AM DOING. THEY HAVE NOT EVER COME TO ME TO STATE THEIR NEGATNE FEELINGS, BUT RATHER HAVE HIDDEN BEHIND THE GUISE OF BEING A GOOD NEIGHBOR TO TRY AND GET RID OF A PRODUCTIVE SENIOR CITIZEN. TO THIS, I SAY, "COME FACE ME AND LET'S CORRECT THE PROBLEM ON THE SPOT". IN CONCLUSION, I THINK IT APPROPRIATE THAT YOU HAVE SOME IDEA WHERE SOME OF THE FUNDS GO THAT ARE GENERA'1 ED FROM THE ITEMS BEING SOLD FROM MY YARD. MIND YOU, THIS LIST IS ONLY PARTIAL AND THEY ARE FROM SALES AND MY SOCIAL SECURITY. (1) AT LEAST FOUR FAMILIES WHO HAVE FALLEN ON HARD TIlViES HAVE RECENED ANONYMOUS ASSISTANCE $400.00 (2) TWO GRAND CHILDREN HAVE MUSIC LESSONS $100...PER MONTH (3) FOUR GRAND CHILDREN RECNED SCHOOL CLOTHES AND HELP WITH THEIR SCHOOL SUPPLIES $ 250-300. (4) TWO GRAND CHILDREN SUMMER CAMP $150.00 (5) ONE GRAND DAUGHTER HAD SENIOR PICTURES PAID FOR AND ASSISTED IN BUYING A CAR. STII.L PAYING ON THE CAR (6) SEVERAL CHARITIES HAVE RECEIVED GIFTS (SCHOOLS, FOOD BANK, BOISE MISSION,ADA CO. SHERIFF'S ASS'N., BOY SCOUTS, ETC. $150.00. (7) ONE SON UNDER EMPLOYED IN UTAH RENT ASSISTANCE $ 800.00 (8) ONE SON LOST HIS JOB AND WE ARE MAINTAINING HIS VEHICLE WHII,E HE LOOKS FOR WORK. AROUND $700.00 TO DATE. (9) NUMEROUS FRUITS AND VEGETABLES RAISED IN OUR GARDEN GIVEN TO NEIGHBORS AND THE FIRE STATION DOWN THE ROAD. I DON'T USUALLY LIKE TO TOOT MY OWN HORN, BUT THIS HAS BEEN A MOST GRATIFYING WAY TO GIVE BACK TO MY CO1~~IlV,[UNUITY. I WOULD LIKE TO CONTINUE DOING SO AS LONG AS I AM ABLE. THE DECISION WII,L BE UP TO THIS GOVERNING BODY OF OUR CITY AND I HOPE I HAVE JUSTIFIED MY CASE ADEQUATELY FOR A FAVORABLE DECISION FROM YOU. AS A SUPPORT TO WHAT I HAVE JUST STATED, I HAVE ASKED FOR LETTERS OF SUPPORT FROM THE NEIGHBORHOOD. THEY ARE ATTACHED AS THEY CAME TO ME. PLEASE NOTE NOT ONE LETTER IS OF ANEGATIVE NATURE. ALSO ATTACHED ARE A FEW PICTURES TO SHOW HOW THINGS ARE DISPLAYED. THANK YOU FOR YOUR SERVICE TO OUR COMMUNITY AND TAKING TIME TO HEAR MY CASE. I AM WILLING TO ATTEMPT ANSWERING ANY CONCERNS YOU MAY HAVE AND RESPECTFULLY WAIT FOR A FAVORABLE DECISION. LEE WHITE 1750 N. TEN MILE RD. MERIDIAN, ID. 83646 PHONE 208 846-8733 November 17, 2009 To Whom It May Concern: Several times a day as I drive/bike/walk/scooter my kids to school we go by Mr. I.ee White's house at 1750 Ten Mile in Meridian. We enjoy looking aR the birdhouses, shovels and various items or creations tUat he has made or set out in front of his house. If Mr. White is outside he always has a friendly wave hello and L'lces to talk to and tease my kids. The other day I drove by and there was nothing out in front of his house. What a sad sight I thought. Then.I saw a sign that the City of Meridian had shut him dower Shut him down for what I wonder? Shut him down for the three R's that I teach my children....r~luce, reuse, recycle? Do you r~lize how many items he has kept from being dumped in our landfill? We are a prime example. Our neighbor had a dresser that was only a few years old, it had six drawers but his son broke one of the drawers and they didn't want it anymore, ~ we took it as they were going to take it to the dump. We figured we would donate it, but not one single Youth Ranch, Goodwill, Deseret or Saint Vincxnt, etc. would take this dresser b~awse of the one missing drawer regardless of the fact that it was less than five years old. In~ead of taking it to the dump we took it to Mr. White. Several weeks later there it was, sitting in front of his hoax with a brand new drawer he had ~ made, good as new. My kids were excited that the dresser was getting a second chance and I was happy to see that Mr. White had done such a good job to fix it. It's too bad in this day and age of "policies and prod and rules that must be followed" that there caan't be a few exceptions. gut if there was ever as excsrphion to be made, I believe 1750 Ten Mile Road should be it. S' cerely, a ~J ('~- T and Joxlyn Overby 1724 N. Man O War Pl. Meridian, ID 83646 ~. c:~ti ~y~ ~a :: ~, ~. ~: _ ~.;:. ~~%. l.~GUfZLrl..~i i'!~(,/ XJ'J~f ~O7% ` Y d/ 4.(~ ~/ "Y / / C~ Ltl, /~'Jyta~ ~/- o=C~~ao ~ ~ ~f srtic, .~~z~ ~ ~ r~ d~ ~ ~ ~~ ~a ~~. ~ ~ ~ ~~~~~ ~v," k • !mil ~n ~, , c ~,cu~L~ ~ ~ ` fo .ilia-ems r~ ~} ~.cwa,K, Cvder~' /slum 4 ,y '~r. ~.?/~CL,~vv~p dir .Nl .~d DYt L~ "/.c[[a.v,•.a-v~ ,~iv.Gf- 4sa~ . Y ~eue~ G~ta~ .~° 'dam /~° ~ u~y .P~.f ~. .dam u,~P~ee s I/~ Dear Mayor and City Councilman, Re: Homeowner at 1750 Ten Mile, Meridian Mr. and Mrs. White lgovember 17, 2009 I have chosen to write this letter of disappointment and frustration to you because I know that many of our neighborhood homeowners will not do so for lack of time and interest I have lived in the Meridian area. in question for over l8 years. I represent many families who share my same opinion. We are displeased with how this family has been treated and singled out as a nuisance to our neighborhood and community. The Whites are an asset to everyone who knows them. Their thriftiness, compassion, work ethic, kindness, and integrity to everyone in our community are the epitome of what we would wish every neighbor would be. Why would the City Council spend their-time closing down such a family? I am sure our tax $ could be spent working on other cases that have criminal intent. We delight in seeing our senior friends being healthy, productive and contributing to our society. They are role models to all who have come in contact with them. There is a niche for what services they offer. Many times it is to help supply household items that homeowners would not other wise be able to afford. Other tunes they offer repair services. His knowledge and willingness to help others out at a fiaction of the cost is refreshing in these trying times. We all need a break. Mr. White is the kind of gentleman that needs our sup~rt and we need him back in business. He maintains a beautifully manicured home and respectfiilly cares for those articles which are in his care. Many will never come to know a finer family if you shut him down. Please rethink this decision. sincerely, ~~ Juli & Dave ernandez 2853 N. High Desert Way Meridian, Id 83646 ' __~Ti__i~i1.C~-~~_.___'~`~ti.~~_:_A~ .Y OB,------__.__._ _~__. . ~~ar~._ ~ ~'-.a~l~vt~.. e~~hi~_ ~ - -.-_____~.__r.___~ ------ __-___-_ tl ..___ ~~_~._ .Ted _VVI lg,_..._.6~1_. --___~__ ~ac~al.i~un~,~di__._._.__. ~__._~. ~ h t~ ,. --~ . ~1 1c~r - _nrn~~~.~~ -- _ __ ' ~ ~__ __ f ~S _ ~ -~G~V -1~ _..~14~5 _~Ll.rY1..-._----_-. I ~__ ~__~4-1r11~1-uYll ldJl,~/1_ Gll!'21A..._ --.-- ~.. --- --~ _~a.r~.__t~I~ L t-~__I~1~W - c~ ~~5._ __ __ -,,~ -- -- --3~.rr~ -~ ~n~exn~ t~,P~l~bar_IA.~hc~ _ _ _~ I o : (~~~-~ c~ ~ l~~v~-~~~~a~ ~,av~ ~~ v~ r ~°e--~ cal o~ ~ ~ Q ~~~" a v ~ La-rc~ _ C4 ~ ~ ~ -- Q u~.k. 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'~-~Y~"+~ V'kA'-V. __. ~~.t~;. r".~:.c.%~-,~+)v~/...._.4_ia~~_! .._ Clld_ - s/t',/~~.1~~~..°"m^'. _ ~ _-_ ._ ...._.__. _~ ~ ~ ,r A F ---____ - _ t; ,. ~,/ ~ ,} ~~ ~ r~ .:4,uS ,. r ~ ~ A,. ; ~ ~ r ~`~} p~j ~ '4+ qtr., j) ~t ~i!' ~`p'.4-.. y~~ ib~.~~ _ ~6r 4fa~,iod:~e-- - --i~'~ ~'`~ !`~~ . _. .. _ ~_ - . ~wn'~' - -- --- - -~------ -,. ~~.. /stir'G.~- - ~7~~°%~ _ ~r~<~'~~ _ ___6~-'60' v~ JY :ta___~~.-~~ ' r__ _ ..~ . ~~8 .. _ •~ .~~6JGc''Q"~~ _- . _ _._ _.. ___ . , ,~ - - ~ _ _' ~.~"'r_ ~°" ~' -rxu•%~'~.---Lrj~ r; -_ - ~ f ~~' _ ~._l~s=lv~ mod- - -------.. ~ c ~ IC`I'--,P.'~ r ~ ~ f ---- _ ......__.-- - - __ A_ . _ __ __ - ,. ,r ~ ~ ~~r" ,~ f ~ I} .____~ -__.._-_.. .•.,~p ~!A ~ ~,~ ~:Y A f e~• ~V +~~ ~-'~ ,_~` .~ ~ --die '.:/'~~~,. ~ f'-~+I _(~:... fi ,~! ~ ~ ~ i ,~ i ~' ~ j ~" ~ ; ~ / __ ~r ~ ! 6~` BOO . r~ ~ s - - -: } y Y/r -- r a ,,,,~~~ --- - _. --- - __ I //,,~' f i , f _. - --' - - R ; /f/• ~, ~ f .. . ~~ r r_ ~° a, f ~ _ ~ ~ -- ~. ~ ~ M`~ J 1 r __ .. ---- -- ---. . -- - r- e r- i ~~ _ __.. ~ ~ ti ., November 22, 2009 Donna and Stephen Gagin 2857 W. Kandice St. Meridian, ID 83646 (208) 8874992 sdgaginCo~msn.cmm To: The City of Meridian We are writing in n~ards to Lee White, who resides at 1750 N. Ten Mile Road. Our concern is the recent ~mplaint against Mr. White selling items from his front yard. We are aware that people living on the west side of Ten Mile Road have complained about this practice and have petitioned the city to shut it down. We live in Sunburst Subdivision, which is located on the other side of Ten Mile Road. We consider Mr. Whtie our neighbor and we see nothing wrong with him selling items from his front yard. In the past we have bought Merchandise from Mr. White and have also given him items to sell. He has offered his property to children to sell their unwanted items. We see him as ap entrepreneur virhho does our cxrmmuniiy a service. The complaint about him engaging in exo~,sive yard sales than the aty allovus a year is ridiculous. Mr. White displays a few items at a lime. He does not have tables set up in his driveway and garage each week Cars are not parked in front of his properly, causing a nuisance to people driving along Ten Mite Road. We drive by his property everyday and are not offended by this practice. We believe his property is well kept and not an eyeson= to the community. We find it highly offensive that someone would complain about his small business and try to shut hun down. This retire gerrtleman takes old items, repairs them and offers them up for sale, many items that might otherwise end up in the landfill. We ask that you leave this man alone and allow him the freedom to sell items from HIS properly. ~~z,~ CC ~~.~~ Donna ~ Stephen Gagin November 18, 2009 City of Meridian To Whom It May Concern: This letter is in regards to our neighbor at 1750 Ten Mile 12d, Meridian Id. He was shut down by the City for selling items at his garage sales.. With the economy with the way it is and what income he made, probably helped with his finances.. Plus, he enjoyed doing what he was doing and the people liked it.. He was not hurting anyone and we would like to see him back in business.. It gives him enjoyment and we all enjoy visiting with our neighbor. Please let him resume his yard sates. Thank you for your time Wayne Labrum v~ Carolyn Labrum ati~G~ !-~ November 20, 2Q09 To whom it may concern, This letter is in reference to Mr. Lee White. Mr. White is a talented and generous man. He can fix and refurbish anything. He uses his limited resources to provide for his sweet wife and help many other families. Mr. White maintains his property to exacting standards, and while he does use signs to sell items that he has made or fixed, they are neither garish nor offensive. My wife and I Drive by and notice that, like others in the community selling produce, nuts or even worms, Mr. White is resourceful, especially in these times of economic difficulty. Mr. White is one who notices others in need aad does not hesitate to help. He not only gives fieely, he teaches so that those in need can learn to do for themselves. Meridian, Idaho would be well served if there were more people like him. sincerely, `' ~ / David W. Moorhouse lI'6/~ZD loin T/~e Desk o~ iPo~ L, Noland ^ 3811 !YlYoo~ict Dire A1eFi~taii /D 8~B46 To Whom It May Concern: RE: Lee White ... Home Business Operations Closure As a nearby resident to Mr. White, I am concerned that there is a movement afoot to close his business ventures at his present and seemingly adequate home location. I submit that, if Lee White obtains a valid license, and has reason to do so, that he is providing the community with a service that is both honorable and essential to those he so effectively and congenially serves. His premises are always neat and tidy. His front yard has ample provision for easy and safe customer entrance and exit that presents no major problem to local traffic. To shut down such a service flies in the face of one's rights to make 'an honest living; or to pursue a worthwhile hobby'. In my view it would be a mistake on the part of the City Fathers to take such action. May I further suggest that there must be hundreds of individuals, or groups, in the Treasure Valley, that are presently conducting business operations in their place of residence. Will these people also be facing any current, or future actions, to cause closure of their business ventures? .... If not.... why the exceptions? - I trust that you may reconsider Mr. White's case and act in a sense of fairness to all parties concerned. Yours truly, ~~~~~- !V'ov a~.-a9 ~~' h ~s G d vn ~ ~o ou, ~~ C~Z7"e mZ'~~ ~ T'h ~.Z' Nol ~' ~ e ~ (a> ~ iT ~ t.c> !~ ® I < v ~ s a, 7' I y ~ p all ~~ r~ /-~t~~~ rid his b~~» ~o~d I"ha,T h~ mu.~r C.!®~~. h i S L ~"7t1~ ~ r©~-7" ~[ ~.. ~ d b p s t» e s s f-~r wh~.~'e v ~~ rea.s®~ 7"h~~ h~. s fiw~.ns ~~~~~d, 1" h i ~ -`v1. ~.. r h ~, s ~o v-v~vi d ~ ~ r~. ~ r ~ ~~ S ~ w v ~ ~ ~ ~' ~ v' Vv~ ~. °~}r ~~ e o p l e 7'h 1r ~ Tti e ~/ ~ et w 5 , l~~ h~~ T~Ke~, q~~~~ ~Q~~ ~-~ T~~ way he. . clts~l~.y~d IQ`s .r'neN~~n~rdts~~ IT Was nev~e ~ ~ w~- ~~ b wr r ~~.r a.-~,d v wd ~ pry c~~~T Nt~- ~ ~.Lr~ t ~ K~ s ~"o ~~ busy ~.~d ~s ~c~~yS K ~-~d a,-nd C ~ h s cd ~ ~-~.7'~ ~ Y- Try ~ -erg ~t'o h ~,~ ~ orh~ ~s h i-ri, C ®,zT ~m u. ~ T'~ 5 ~ ~ u~ ~ d t6, e. c~ s Si~c~r~ly, ~Ee~ l c~-v~d ~ a~ ~ 1. ~ ~ l-fa~.~"~ ~ ~o~'~°' /U re ,~ ~ ~ ! ~ ~d e .~~~~~ °~ ~~ -- ~-~-c' ---- -- - --- -------- ------ - -- ----- --------- - -- _ _ _ ~ ~ - _ _ __- ~ ~- -- . -- - ~-~ --- --~1 ~ ---- ~~- ~ ~' -~--. _ -.-- -- - --~- ---1__ - -- - ------ ----~s - _- ~~°+-~~ e ~, ~ , ~ - - -- - - - -- ----- - __ Y __ __; ~~ ~'~~_' _. _ -- Z~.~ r- f *~; i ~- X f Nkfi' ~` ~"...r3v .~L~' ~` ~^Z \~ I M~ IRS' '~ ~{~1 ~ ` t~ :.3 ,A a t ~ ~ I ~ ~ ~ .'. '~ I ~L ~ .. A I~ 9 ,'ljFili~ \ ~• A ~ ~ i . ~ ~ Y *f ~ v *~•~ j ~~R i~~ ~~ .K ~ ' f ~ , ~ ~ ~i ~ ~ '"°-R AI'~~' t {~4. i.' le y~. I'T /Irk r a 1 . i ~ F . F w~ ro t a ~,Ft a ,,, ~ r ``~ ~ . h ~ p ~r' r ,; ;~. s a: ~s-` c.. ~K. I~,r x,{y, ~G~ r 1. 'e'' 9 ~~ , a ~~5 -y6 ~ . °M '~ Y. s" {;'.. ,r ~ R .~ .. f. _- `S. ~y a;r • MERIDIAN CITY COUNCIL MEETING December 22,-2009 APPLICANT ITEM NO. 6B1 REQUEST POLICE DEPARTMENT -BUDGET AMENDMENT FOR K9 FOR $4,795.00 AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: SEE ATTACHED CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Mertdlan. • C7 8 °a ~~ a O W E: ~~o z ~ W W n ~m t~ o ~ z ti ~ ~ ~ o ~m ~o Q.m ~o 0 ~ ~ m 1 ~ ~ c V P ~~ c ~i U ~ ~ J a ~ ~~ z ~a ~~y ava ~~i'~ ~~c~~ z~~ua~ ~ m ~ Z ~ Q 0 0 i~ O °' 4 M ~ of ~ P ~ vs ~ ~ ~ 'c ~ ~ ° y ~ E ~ ~ C ~ a ~ ~ ~ ~ E m ~ N m o ~ w 10 V W o E J r ~ pp ~ ~ ' ~ ~ N ' N ' ' o ~f ~ ? ~! t1 tF ~ sF ~f E ~ O a Q. 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O ~ G.:a r ~ m~ ~ o '~ rn N ~ 3 O M E m ~ ~ c '~ ® ~ ~ ~ cs m m v ~ c ~ .a C m ~ o c~~ E ~ c .. m v m- cVt c ~sm~a~ o` ~ Z o~ wm$c ~ w 'O C '~ ~ ~ ~LE'~ mao~ ~~~~ c 'a m '+ a`°mE O ~ ~ ~ V ®'C O ~ w ~ A ..~> C C m O ~ ~ A a ~ ~ ~ ~ C 'o c~c~ a1 'o=Em ~~ ~~ ~ ~~ ~ ~ m m Z'~O W C > m 7 .C WGmC) MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. 6BZ REQUEST POLICE DEPARTMENT - BRYNNE GRANT UPDATE ON PURCHASE OF SCOUT ALARMS AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: SEE ATTACHED CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. 6C1 REQUEST FIRE DEPARTMENT -ALL HAZARDS MITIGATION PLAN PARTICIPATION AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: SEE ATtACHED CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. PLANNING PARTNER EXPECTATIONS ACHIEVING DMA COMPLIANCE FOR ALL PLANNING PARTNERS One of the goals of the multi jurisdictional approach to hazard mitigation planning is to achieve compliance with the Disaster Mitigation Act (DMA) for all participating members in the planning effort. DMA compliance must be certified for each member in order to maintain eligibility for the benefits under the DMA. To achieve compliance for all partners, the plan must clearly document how each planning partner that is seeking eligibility from the plan, participated in the plan's development. The best way to do this is to clearly define "participation". For this planning process, "participation" has been defined as addressing the following items: / The Estimated level of effort. It is estimated that the total time commitment to meet these "participation" requirements for a planning partner not participating on the Steering Committee would be approximately 40 hours over the 72 to 74 month period. Approximately sixty percent of this time would be allocated to meeting items F through L described below. / Participate in the process. This means to support the process to the best of your capabilities. This planning process will utilize a Steering Committee that will assume responsibility for many of the planning milestones prescribed for this process. This committee will be representative of the whole. This committee will meet periodically throughout the process and provide direction and guidance to the planning team. Steering Committee meetings are not mandatory meetings for all planning partners. This means that if you are not on the committee, your attendance is not required. However, it is our hope that all planning partners will attempt to remain engaged with this process. This process is anticipated to take 12 to 14 months to complete. It will be easy to become disconnected with the process objectives if you do not participate in some of these meetings to some degree. The planning team will also request support from the partnership during the public involvement phase of the planning process. Support could be in the form of providing venues for public meetings, attending these meetings as meeting participants, providing technical support, etc. / Consistency Review. All planning partners will be asked to identify their capabilities during this process. This capability assessment will require a review of existing documents (plans, studies and ordinances) pertinent to each jurisdiction to identify policies or recommendations that are consistent with those in the "parent" plan or have policies and recommendations that complement the hazard mitigation initiatives selected (i.e.: comp plans, basin plans or hazard specific plans). Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page 1 of 6 / Action Review. All previous planning partners will be required to perform a review of the strategies from your prior action plan to determine those that have been accomplished and how they were accomplished; and why those that have not been accomplished were not completed. The planning team (Tetra tech and ACCEM) will be available to assist with this task. / Plan must be adopted by each jurisdiction. One of the benefits to multi-jurisdictional planning is the ability to pool resources. This means more than monetary resources. Resources such as staff time, meeting locations, media resources, technical expertise will all need to be utilized to generate a successful plan. In addition, these resources can be pooled such that decisions can be made by a peer group applying to the whole and thus reducing the individual level of effort of each planning partner. This will be accomplished by the formation of a steering committee made up of planning partners and other "stakeholders" within the planning area. The size and makeup of this steering committee will be determined by the planning partnership. This body will assume the decision making responsibilities on behalf of the entire partnership. This will streamline the planning process by reducing the number of meetings that will need to be attended by each planning partner. The assembled Steering Committee for this effort will meet monthly on an as needed basis as determined by the planning team, and will provide guidance and decision making during all phases of the plan's development. With the above participation requirements in mind, each partner will be asked to aid this process by being prepared to develop its section of the plan. To be an eligible planning partner in this effort, each Planning Partner will be asked to provide the following: A. A "Letter of Intent to participate" or Resolution to participate to the Planning Team (see exhibit A). B. Designate a lead point of contact for this effort. This designee will be listed as the hazard mitigation point of contact for your jurisdiction in the plan. C. Approve the Steering Committee. D. If requested, provide support in the form of mailing list, possible meeting space, and public information materials, such as newsletters, newspapers or direct mailed brochures, required to implement the public involvement strategy developed by the Steering Committee. E. Participate in the process. There will be many opportunities as this plan evolves to participate. Opportunities such as: a. Steering Committee meetings b. Public meetings or open houses c. Workshops/ Planning Partner specific training sessions Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page2of6 d. Public review and comment periods prior to adoption At each and every one of these opportunities, attendance will be recorded. Attendance records will be used to document participation for each planning partner. No thresholds will be established as minimum levels of participation. However, each planning partner should attempt to attend all possible meetings and events. F. There will be one mandatory workshop that all planning partners will be required to attend. This workshop will cover the proper completion of the jurisdictional annex template which is the basis for each partner's jurisdictional chapter in the plan. Failure to have a representative at this workshop will disqualify the planning partner from participation in this effort. The schedule for this workshop will be such that all committed planning partners will be able to attend. G. After participation in the mandatory template workshop, each partner will be required to complete their template and provide it to the planning team in the time frame established by the Steering Committee. Technical assistance in the completion of these templates will be available from the planning team. Failure to complete your template in the required time frame may lead to disqualification from the partnership. H. Each partner will be asked to perform a "consistency review" of all technical studies, plans, ordinances specific to hazards to determine the existence of any not consistent with the same such documents reviewed in the preparation of the County (parent) Plan. For example, if your community has a floodplain management plan that makes recommendations that are not consistent with any of the County's Basin Plans, that plan will need to be reviewed for probable incorporation into the plan for your area. I. Each partner will be asked to review the Risk Assessment and identify hazards and vulnerabilities specific to its jurisdiction. Contract resources will provide the jurisdiction specific mapping and technical consultation to aid in this task, but the determination of risk and vulnerability will be up to each partner. J. Each partner will be asked to review and determine if the mitigation recommendations chosen in the parent plan will meet the needs of its jurisdiction. Projects within each jurisdiction consistent with the parent plan recommendations will need to be identified and prioritized, and reviewed to determine their benefits vs. costs. K. Each partner will be required to create its own action plan that identifies each project, who will oversee the task, how it will be financed and when it is estimated to occur. L. Each partner will be required to formally adopt the plan. Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page 3 of 6 Templates and instructions to aid in the compilation to all committed planning partners. Each partner templates in a timely manner and according to the Committee. of this information will be provided will be asked to complete their timeline specified by the Steering ** Notes"'`: Once this plan is completed, and FEMA approval has been determined for each partner, maintaining that eligibility will be dependent upon each partner implementing the plan implementation-maintenance protocol identified in the plan. • Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page 4 of 6 Exhibit A Example Letter of Intent to Participate Ada City-CountyHazard Mitigation Planning Partnership C/O Rob Flaner, Tetra Tech, Inc. 90 South Blackwood Ave. Eagle, ID 83616 Dear Ada County Planning Partnership, Please be advised that the (insert City or district name) is committed to participating in the update to the Ada County Natural Hazards Mitigation Plan. As the Chief Administrative Official for this jurisdiction, I certify that I will commit all necessary resources in order to meet Partnership expectations as outlined in the "Planning Partners expectations" document provided by the planning team, in order to obtain Disaster Mitigation Act (DMA) compliance for our jurisdiction. Mr./Ms. will be our jurisdiction's point of contact for this process and they can be reached at (insert: address, phone number and a-mail address). Sincerely, Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page5of6 • • • m s x W C ,° C 0 E t4 H C .~ C e~ a E ~ E v ..-. .r O O U t C ~ C .Q ~ U t ~ +~+ N 3 ~ ~0.. N ~ f6 ~ O a-. ~ ~ ~ N .` ~ U O O ~ ~~ ~ a m ~ ~ ~ ~ ~ s cu ~ d ~ ~ W J t~ t~ ~ ~ r M N O ~ ~ ~ i ~ ~ M ~ N ~ rn C - ~ = 00 OD N oD N O ~ M N a N c ~ ~~ ~ > ~ N ~' N N Od' ~~ Q om m ao ~~ ~~ NIA N~ NCO ~j ~Q N N ~w .'~°D ~ v°° c6p ~v Q~ ~p m p m m N O O ~ w N ~ 'C O .N O O y O u O~ ~ N N ~ Q ~m tim ~W ~(n ~fA C V fV U ~4+ C _ C C _ d I- I- H ` W U W U ~ ~ y ~ Q Q Fes- ham- I~ . N ~ x ~ ~ ~ ~ a ` v m c o ~ ~ ~ ev Z o a ~ w ~ ~ a~ Q. 1 C ~ c ~ o o ~, rn ~~_ n. ~ w~ ` N N ~ c= co ~, ~ ~ co 'c U c ~ ca -a ~ Q O m rn MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. SA REQUEST PUBLIC HEARING - RZ 09-004 CABELLA CREE~BY COLEMAN HOMES AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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: SEE ATTACHED . c~ ~~ ~o ,~ ~1 Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Z O .. ~ ~ ~ W W O ~ ~ ~ C7 ~ = Z U Z ~ W ~ ~ Z ~ O Z ~ U W ~~ 5# 4 ~~ D~efl NYC' Rlp~grtrmrmgn,! ~ ~~ -. .~. _ ~.umau~- ~ ~ k~ ~L'~; 3', ~ K ~.. ...ter i t 1 ~ ~~~~ f ,I ~ ' ~~MIIYRt~its ~. ~- ti ~;-~ '~ ~M .. '~ `' ,,,u,, _ , _` ~ ~ I ~~,~, ,~ ~~ ~~; ~~~ ~;. 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O Y Z Q MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. $B REQUEST PUBLIC HEARING - ZOA 09-003 UNIFIED DEVELOPMENT CODE TEXT AMENDMENT • • AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: SEE ATTACHED CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MFP 09-002 MERIDIAN CITY COUNCIL MEETING Challis Subdivision APPLICANT Tealey's Land Surveying ITEM NO. 8C REQUEST Modify a plat condition requiring cross-access and cross-parking for Challis Subdivision - 575 E. Franklin Road • .J AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. 9A REQUEST ORDINANCE NO. Oq - ly'J-7 :ALCOHOL SERVER TRAINING AND CERTIFICATION AGENCY CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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: COMMENTS SEE ATTACHED OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. C CITY OF MERIDIAN ORDINANCE NO. ~ ' I ~ 3~ BY THE CITY COUNCIL. BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN CREATING A NEW CHAPTER OF MERIDIAN CITY CODE: CHAPTER 7, TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO ALCOHOL SERVER CERTIFICATION: DEFINTIONS; APPROVED SERVER TRAINING PROGRAMS; SERVER AND LICENSEE REQUIREMENTS; AND ENFORCEMENT. WHEREAS, the City Council of the City of Meridian seeks to address problems that can be related to overconsumption or illegal consumption of alcohol ~t_-establishments that serve liquor, wine, and beer, such as driving under the influence of alcrol?~1, public intoxication, and underage drinking; WHEREAS, servers of alcoholic beverages can be trained to better recognize and work to avoid such problems through education regarding the sale and service of alcoholic beverages, the effects of alcohol on the human body, methods ot'identifying intoxicated pins, methods of refusing to sell or serve alcohol to such persons, and methods for checking and identifying legal identification; NOW, THEREFORE, BE 1T OR~?11~TED BY THE MAYOR AND CITY COUNCII. OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 3 C ter 7 of the Meridian Ci Code shall read as follows: ~P ~ tY TITIE 3 CHAPTER 7: ALCOHOL SE1tVER CERTIFICATION 3-7-1: DEFINIT~ONSc. A. Alcoholic Beverage: Any beverage containing alcohol which is a product of distillation of any fermented liquor or synthetic ethyl alcohol, including beer, wine, spirits or any liquid containing beer, wine or spirits. B. Approved Server Tra~tn~tng Program: A server training program enumerated in a written administrative policy of the Chief of Police and approved by resolution of City Council. C. Cerl3ficate: A current, valid certificate of completion issued to a Server upon satisfactory completion of an Approved Server Training Program. D. Certification: Satisfactory completion of an Approved Server Training Program. E. Certified Server: A server who has satisfactorily completed an Approved Server Training Program. ALCOHOL SERVER CERTIFICATION ORDIlVANCE PAOE 1 OF 4 F. Licensee: A person to whom a valid license to sell liquor by the drink, or beer and wine by the drink, is issued by the City of Meridian and/or the State of Idaho. G. Server: Any person serving or selling any alcoholic beverage, including spirits, wine or beer for consumption on a licensed premise and any person managing those employees. Servers shall include, but are not limited to, waiters, waitresses, bartenders, and managers of waiters, waitresses and bartenders. 3-7-2: APPROVED SERVER TRAINING PROGRAMS: A. Only a server training program enumerated in written administrative policy of the Chief of Police and approved by resolution of City Council shall be recognized as an Approved Server Training Program for purposes of this Chapter. B. The Chief of Police shall approve a server training program upon a determination that such program educates participants on, and requires participants to successfully pass an examination covering, each and all of the following topics: 1. Consistently and accurately verifying patrons' proof of age and identification; 2. Recognizing false and altered identification documents; 3. Understanding the effects of alcohol on the human body; 4. Monitoring patrons' alcohol intake and/or behavior; 5. Recognizing intoxicated persons; 6. Methods of refusing to sell or serve alcohol to intoxicated persons; 7. Providing alternatives to alcoholic beverages; 8. Problem solving in dealing with intoxicated and/or belligerent patrons; and 9. All State and local laws and rules pertaining to the sale and service of alcoholic beverages. 3-7-3: SERVER AND LICENSEE REQUIREMENTS: A. Any person employed or operating as a Server as defined in this Chapter shall: Complete certification within thirty (30) days of the date upon which he or she begins employment or operation as a Server at a licensed establishment, and shall maintain such certification at all times of employment or operation as a Server, updating such certification as necessary. Upon a Server's completion of one (1) hour of work, the thirty-day time period for certification shall be calculated cumulatively, and shall be tolled only by the cessation of work for one (1) year or longer. 2. Maintain a written record of his or her certification; 3. Provide proof of certification to a law enforcement officer upon request. B. Licensees operating establishments where alcoholic beverages are served and consumed on the premises, as to each Server employed or operating on the licensed premises, shall: ALCOHOL SERVER CERTIFICATION ORDINANCE PAGE 2 OF 4 1. Ensure that each Server is or becomes certified as set forth in this section, and that each Server maintains his or her certification throughout his or her employment or operation as a Server. • 2. Maintain a copy of each Server's certificate; 3. Provide any Server's certificate to a law enforcement officer upon request. 3-7-4: ENFORCEMENT: A. Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject:to a fine of up to one thousand ($1,000.00) dollars and/or imprisonment for up to six (6) months. B. The City Clerk may revoke a Licensee's City of Meridian licence to sell liquor by the drink, and/or license to sell beer and wine by t~?e drink, if such Yreensee, or Server employed by or operating on behalf of such Licensee, violates any provision of this chapter. The City Clerk shall notify the Licensee of such revocation in siting, and shall mail such notice to the Licensee at the mailing address set forth in the license application. Such revocation shall be effective immediately upon mailing by the City Clerk. Appeal of the City Clerk's revocation of a City of Meridian license to sell liquor by the drink, and/or license to sell beer and wine by-the: drink may be made by the Licensee. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt ti€~uch appeal, the City Clerk shall schedule a public hearing on the appeal ~; a City Council meeting within fourteen (14) days. The City Council's decision on sash appeal shall be a final decision. APPROVES by Mayor of the City of Meridian, Idaho, this ~~day of j~ittr~buC , 2009. PASSED by the C~lty Council of the City of Meridian, Idaho, this ~ day of .7l etrr~+rl~R - , 2009. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this,ordinaace shall be effective on June 1, 2010. APPROVED: C'~C~ . 2 ayo Chap-l%c ~i~~^ ~ ~ ~ ~ ALCOHOL SERVER CERTO!ICAT[ON ORDINANCE ATTEST: ~-~uaui~i~~ Of ~R/ ~~~ ~~' ~~~ y~ ~,~,15~ .'~ PLO ~~.• ., ~. ~~i q ~ . ~Q `~~ ''~~~rrrrrr.,,~i j1't,,'``~`~~ PAOE 3 of 4 MERIDIAN CITY COUNCIL MEETING December 22, 2009 APPLICANT ITEM NO. 9B REQUEST ORDINANCE NO. Oa ~ 138' : RZ 09-003 BAINBRIDGE BY BRIGHTON CORPORATION • AGENCY COMMENTS CITY CLERK: CITY FINANCE: CITY PLANNING DIRECTOR: CITY ATTORNEY SEE ATTACHED CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS 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: Materlats presented at public meetings shall become property of the City of Mertdtan. AOA I~UNfY READER d. DAVID NAVARRO ALNOUNT .00 E 90tSE IDAH01Z1~9 003 POl n REECORDEDc REaU~T OF ~~~ IIIIIIIIIIInIIIIIIIIIIIiIIIIII IlI CIS of IEetldlan 1091 ~~06~ CITY OF MERIDIAN ORDINANCE NO. O q - I t-E'S~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 09-003 BAINBRIDGE) FOR THE RE-ZONE OF A PARCEL OF LAND LOCATED IN THE SE'/a OF THE NE % OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACffiViENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERNIINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R 8 (MEDIUM DENSITY RESIDENTIAL DLSTRICT) TO L-O (LIlVIITED OFFICE 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 CONIlVIISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SI:fMMARY 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, and that the City of Meridian has received a written request for annexationand re- zazung by the owner of said property, to-wit: Brighton Investments, LLC. SECTION 2. Thattheabove-describes real property is hereby re-zonedfrom R-8 (Helium Density Residential District) to L-O (Limited Office 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 duetted 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 09-003 BAINBRIDGE 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 prepared in a draftsman manner, including the lands herein r~coned, 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 (1 /2) plus one (1) of the • Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in 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 , 2008 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~day of ~ e ~•~~ , 20 09 ATTEST: JAYCEE L. HOLMAN, CITY `,,,,~~ o~ ~'ha,~-~r'e '~'iour,~, Qom' off. -~ ., c?`~,p~'1~ -~ E ?r ~p~ T t8Z ~, Q~~.~`~ ,, ~ ~~• '~''~h,n~~in un~~~~~``~• ANNEXATION - RZ 09-003 BAINBRIDGE SUBDIVLSION Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) ~~~~ On this ~a day of l~erember , 20~ before me, the undersigned, a Notary Public .~°` ~,2 in and for said State, person y app and JAYCEE L. HOLMAN, ~o~`~ 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 1 ••f~~~~~,• < (SEAL~.4~~;$~ ~~ ;~•, TARY P LIC FOR IDAHO b. • • ~ ~ • SIDING AT: ~~, , ~~_ ;~ ~ ~ ~ MY COMMISSION EXPIRES: pr - - I y .~ ~ ~•.~ ~~gy1G•~~. ANNEXATION - RZ 09-003 BAINBRIDGE SUBDIVISION Page 3 of 3 • Legal Description & Exhibit Map ~n,~ineering worth ~es~ LLC . ioa.~t w. eta si., satx 14a Eo>ae, Idaho txi70a (2tf~ ~s-saoo • pax ~~ ~assss Pinjeot No. 09-004-01 Date: June 24, 2009 sAnveRw~E csuRCa suBDxvrsxoN L-O REZONE DESCRIPTION A parcel of land located in rho 3B 1/4 of the NB V4 of Section 27, T. 4 N., R I W., B.M., Meridian, Ada Coutdy. Idaho sad being more particularly descn'bed ea follows: Commencing et tiro section comes common to Seatiana 22, 23, 2ti and Z7 of said T. 4 N, R 1 W.; Thence South 00°20'42" West, 15! 1.74 feat oti fife seatlon line common to said Section 26 and 27 to rho R1~AL POINT OP HEEGINNING; Thence ca~iiit»ng South 00°20'42" West, 552.78 fed on said section Bite to a P~ ($om which pohtt the 114 aa:bion camor common to said Seetiana 26 and 27 beats South 00°20'42" West, 569.14 feet); Thcnco leaving add soetion litre, North 85°487.5° West, 445.55 feefi Thence Nartli 00°38'54"East, 543,10 feat to a point of curve; Thence 217.89 fed on rho arc of a curve to We ktk said curve Having a radius of 135100 feet, a cmitral aogla of 09"14'26" and a chord distance af217.65 feet which basis South 85°02'05" ~ Thence South $3°39'18"Best, 184.82 foot to the i+eal point of beginniag. Said parcel contains 5.02 acres more or less. N K ~/~. ~~ til nn`` AA// `Y~ ~~~ p~~T C Batnbiieye Ciunoe s°~ !.o aerae° npodo° Jatnea R. Washbnra, PLt3 7iy°i otl • • • C BwINBR1DGE SuBDMSIt~N _ SECTION 27, T.4N., R.1 W., B.M. REZOiVE EXHIBIT EXHIBIT 'A' W. CHiNOEN BOULEVARD (U_S. HIGHWAY 20-Z6) _ _ S.~ 5.23 5.27 :5.28 ,~ `: ~~ D-1 ~1a334 82~ E . /`•: o E ROADB T D ~ SCALE: 1" = 15Q' o ~ ,_ . ~i z ~ ~~~ CRS g ~ ~~ ,8 + ~~2i~~ , ~~ ~~'~ d^.~iwW 4Q.S.~J' r IW REVI OVAL !UL Z 2 2009 M ~R RiK3 DEPT. C ' d/4 p ~.~_M Meridian City Council Meeting December 22, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, December 22, 2009, by Council President Charlie Rountree. Members Present: President Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Mayor Tammy de Weerd Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Tom Bany, Jeff Lavey, Mark Niemeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd Rountree: Good evening. I'll call the meeting to order. This is Tuesday, December 22nd. This is our last official meeting for 2009 and wish you all a happy holiday season and a good new year to come. Start this evening's meeting with roll call vote. Item 2: Pledge of Allegiance Rountree: We will be led this evening in the Pledge of Allegiance by Boy Scout Troop 462. We have a couple gentlemen that are going to help us out this evening. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle. Rountree: Fellows. Guys, come here. Got a couple pins for you as a reward for standing up and doing this. City of Meridian pins. And thank you. This evening we will be led in the community invocation by Pastor Burton Roberts. Thank you for being here this evening. Roberts: Thank you for this opportunity. Let us pray. Most gracious and kind Heavenly Father, it is always our privilege to come before you and ask in the name of our Lord and Savior Jesus, the Christ, for your blessings in our lives and especially with this season and the opportunities that we have to show our love for you and our love for our fellow man. We ask tonight, Father, that you would cause your Holy Spirit to move upon each one of our lives in this community, that you would bless our City Council as they go over the facts of this evening, cause them to have great wisdom, understanding, Meridian City Council December 22, 2009 Page 2 of 33 and guidance as they make their decisions tonight. So, cause all of our hearts, Father, to this week really understand the true meaning of Christmas. May our hearts turn toward you and, again, I ask that we would be able to sense the brotherhood and the specialness of this occasion, so all of us may join together in the wonders of rejoicing at such a gift of God. We ask all these things in Jesus' wonderful mighty name, amen. Item 4: Adoption of the Agenda. Rountree: Next is the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: On the agenda under Consent Agenda, Item 5, Item N, the resolution number is 09-702. Item O, the resolution number is 09-703. Item P, the resolution number is 09-704. And we would like to add an Item Q to the Consent Agenda, which is a letter to the Idaho Transportation Department regarding Eagle Road access issues. Each member of the Council has been given a hard copy of that letter and it has also been added to the city website under tonight's agenda, if anybody cares to look at that. Farther down on the agenda, under action items eight -- I'm sorry. Under ordinances, Item 9-A, the ordinance number is 09-1437. Item B, the ordinance number is 09-1438. And with that I move we adopt the agenda. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the agenda. All those in favor? Motion passes. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of the December 8, 2009 City Council Meeting B. Artist Acceptance Agreement with Duncan Grandin for Display in Initial Point Gallery C. Professional Service Agreement Between Centra Consulting Inc., and the City of Meridian for aNot-to-exceed Amount of $50,000.00 for QLPE Review of Construction Drawings as Allowed in Idaho Code I.C. 39-118(2) (d). D. 2008-2009 Financial Audit Agreement with Eide Bailly, LLP for a Not-To-Exceed Amount of $40,300.00 Meridian City Council December 22, 2009 Page 3 of 33 E. Irrigation Easement Between Meridian Dairy and Stock Shows, Inc. and the City of Meridian for the Split Corridor Pump Station F. Contract Amendment with Billing Document Specialists to Extend Utility Billing Services for an Additional Year per the Existing Agreement Dated October 1, 2006 for aNot-To-Exceed Amount of $200,000.00 G. Change Order #1 to Task Order #0663A, Creekside Arbour LOMR with CH2M Hill, Dated December 4, 2008, for Response to FEMA Comments for aNot-to-Exceed Amount of $7,800.00 H. Task Order #0711A with Hydro Logic for Well #18 Evaluation per Master Agreement Dated February 18, 2007 for aNot-to- Exceed Amount of $11,583.00. I. Findings of Fact and Conclusions of Law for Approval: AZ 09- 005 JJA Land by Mason and Stanfield, Inc. Located at Northwest Corner of North Linder Road and West Ustick Road: Request for Annexation and Zoning of 5.89 Acres from RUT (Ada County) to C-C (Community Business) Zoning District J. Findings of Fact and Conclusion of Law for Approval: AZ 09- 009 Southridge-Hodges by Linder 109, LLC Located at 1785 South Windy Ridge Lane: Request for Annexation and Zoning of 6.16 Acres from RUT in Ada County to R-8 (Medium Density Residential) Zoning District K. Findings of Fact and Conclusions of Law for Approval: AZ 09- 004 The Baby Place by Brent & Coleen Goodwin Located at 270 North Linder Road: Request for Annexation and Zoning of 0.98 of an Acre from R1 in Ada County to C-C (Community Business) Zoning District L. Findings of Fact and Conclusions of Law for Approval: AZ 09- 008 Meridian Crossing by James Zeiter located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District M. Development Agreement: RZ 09-003 Request for Reaone of 5.02 acres from R-8 (medium density residential) to L-O (limited office) zone for Bainbridge by Brighton Corporation - Meridian City Council December 22, 2009 Page 4 of 33 south of Chinden Boulevard on the west side of N. Ten Mile Road N. Resolution No. :Adopting Meridian Parks and Recreation Department Administrative Policy Regarding Use of Metal Detectors in City Parks and Facilities O. Resolution No. :Approving Consolidated Annual Performance Evaluation & Report (CAPER) for CDBG Program Year 2008 P. Resolution No. :Adopting Meridian Police Department Administrative Policy Enumerating Approved Alcohol Server Training Programs Rountree: Next item is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: As noted, we filled in the resolution numbers for N, O, and P, added an Item Q, which is a letter to the Idaho Transportation Department and with that I move we approve the Consent Agenda and authoirize the President to sign on behalf of Mayor and the Clerk to attest. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the Consent Agenda. Any discussion? All those in favor -- well, we need a roll call on this one. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. City Clerks Office 1. Request by Lee White for Waiver of Fees for Accessory Use Permit Rountree: Next item, Department reports. City Clerk. Holman: Councilman Rountree, Members of the Council, we have a request by a Mr. Lee White for a waiver of fees for an accessory use permit for his property on -- I Meridian City Council December 22, 2009 Page 5 of 33 believe it's Ten Mile Road. I, actually, had spoken to Mr. Friedman and he is going to give a little bit of an update on this. Rountree: Okay. Thank you. Pete. Friedman: Thank you, Council President Rountree, Members of the Council. This is -- my presentation will be short. Mr. White has requested a waiver of the fees for an accessory use permit for a home occupation. Obtaining the permit is necessary to remedy a code violation on Mr. White's property. The processing of the home occupation permit we are hopeful will remedy that situation. The C-4, that permit is 160 dollars and Mr. White has requested a waiver of the fees by the Council. The UDC grants the Council authority to waive those fees based upon hardship and right now tonight, really, the only thing before you is the question of whether or not the fees should be waived. If you have any questions I would be happy to answer them. Rountree: Any questioned for Pete? Just run down what the fees are for. Friedman: Primarily it covers the cost of -- of course, our staff time in reviewing the application and notifying surrounding property owners and generally just transmitting paperwork, doing that sort of thing. Rountree: Would that include hearing notices if anyone objects to this application? Friedman: Yeah. There are no other costs involved in the permit. Rountree: Okay. Mr. White, are you here this evening? Do you have some comments for us? We have your letter and we have that on record. White: Does everybody get nervous when you get up here? Rountree: Certainly do. We do, too, so -- if you would give us your name and address for the record. White: Lee White. 1750 North Ten Mile Road, Meridian. You have my letter? Rountree: We do. White: As stated? Well, essentially, there is supposedly some letters against me, asking to close my operation and what I have been doing down. I have taken about two minutes to write -- and written something. It will take about two minutes. Would that be acceptable? Rountree: That's fine. White: Okay. Meridian City Council December 22, 2009 Page 6 of 33 Nary: Mr. President. Mr. President. Mr. White, is what you're reading related to you waiving the fee and not to the underlying request that you made; correct? Because all we are considering this evening is whether or not you're allowed to waive the fee. This isn't the hearing or a hearing to hear whether or not your underlying application should be granted. I just didn't want to mix the two. White: Yeah. Well, not being versed in the law and things, so I -- I probably mixed the two together. Nary: All they need to hear, sir, is whatever -- whatever reasons you have in requesting why the fee should be waived. There will be another opportunity to discuss your underlying application. White: Okay. That will be acceptable, then. Nary: Okay. White: I don't have any other than what Mr. Friedman said. I personally think that the fee might be a little bit high. Would like to not have to pay it, but it's in your hands. Rountree: Well, thank you. Any questions for Mr. White, Councilman? Bird: I have none. Rountree: Discussion? We will need a motion one way or another. Zaremba: It's hard to avoid discussing the underlying issue. Rountree: Well, again, this is whether to waive the fees. The application yet needs to go through the process of approval or not and -- Zaremba: Mr. President? Rountree: -- there are both supporters and objectors, apparently. Zaremba: Mr. President? Rountree: David. Zaremba: I'll move that we waive the fee for this application. Bird: Second. Rountree: It's been moved and seconded to waive the fee for the application. Any discussion? Brad? Seeing no discussion, we will have roll call vote on the motion. Meridian City Council December 22, 2009 Page 7 of 33 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. B. Police Department 1. Budget Amendment for K9 for $4,795.00 Rountree: Meny Christmas. Next item, Department Report from the Police Department. Two items. Lavey: Mr. President, Council. Two items here today. The first item I spoke with you briefly at the workshop about a month ago in regards to the K-9 request. Through the generous donations of the community we have the opportunity to purchase one K-9 and through the Council approved enhancement to replace that same dog and the original plan was to sell our single purpose narcotic detection dog. I am in front of Council today asking for an amendment to cover the wage salaries that would require under SLSA to go ahead and keep that dog and, then, put it on as a drug interdiction dog for our schools. The total cost is 4,795. That covers the wages and workmen's comp and all those other fees that are associated with that. And I'm here to take any questions on that request. Rountree: Any questions for the chief on that request? We have discussed it in the past. Bird: I have none. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve the budget amendment for the K-9 for the amount of 4,795 dollars. Bird: Second. Rountree: It's been moved and seconded to approve the budget amendment request. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. 2. Brynne Grant Update on Purchase of Scout Alarms Meridian City Council December 22, 2009 Page 8 of 33 Lavey: Mr. President, Council, the second item is also something I briefed to Council about in the past on the Byrnne grant. If you remember, the City of Meridian was successful in obtaining two separate grants, one about 133,000 dollars and the other one in the amount of 31,000 dollars. I came before Council and gave several items that we were intending to purchase with those grant monies. One of them was the records management software and the other one was some Scout alarms. I'm in front of Council today just to inform you that we have purchased those Scout alarms in the amount of 20,801 dollars and the reason why I am bringing this in front of Council is just to let you know that although I have monies to cover this purchase in the -- in the current police department budget, we have to front the money until we are reimbursed back to us and in this particular case Ada County was the agency that actually takes the money, so we will front the money, make the purchase, get reimbursed and, then, we will get those monies back and I just want to make sure that I'm able to get that money transferred back from revenue back into that line item to make sure I don't have to come before you and ask for additional monies at the end of the year. So, finance assures me that everything is taken care of, but I just want you folks to be aware of it when that comes in front of you. Questions? Rountree: Any questions for the chief? Bird: None. Rountree: I think heads are nodding that we have heard you and that's going to happen. Lavey: Okay. Thank you very much. C. Fire Department All Hazards Mitigation Plan Participation Rountree: Thank you. Next update and department report, fire department. Chief. Niemeyer: Mr. President, Members of the Council, I'm actually here before you representing the city's emergency management committee. That's the committee that I'm fortunate enough to chair and I think Chief Lavey will tell you he had something to do with that position acquisition that I obtained. We received a request from Ada County city emergency management, that's Doug Hardman's office. They are currently in the process of updating their all hazard mitigation plan, which is a plan that outlines how we would respond in an earthquake, flood, anything that's a natural disaster Meridian is a part of that plan. As part of the update there has been a change in which they are asking cities and jurisdictions to sign off as planning partners. What this does is achieves compliance with the Disaster Mitigation Act. Essentially, what that means is that it makes us eligible for federal funding for any mitigation efforts and I did ask Doug Hardman if mitigation is widening Eagle Road and he wasn't sure. So, we will have to keep looking at that one. I have sent this request to the Mayor for her to sign, indicating Meridian City Council December 22, 2009 Page 9 of 33 that we will be a planning partner. What that means is that we assign somebody from the city and I'm thinking it's probably going to be an assigned task that I will take on as the chairman of that committee. The time needed to participate in this is minimal, probably looking at about eight hours over the next 12 months, as we update that plan. Rountree: Any questions for the chief? Will we see the plan in draft form? Niemeyer: You will. Prior to it being activated or signed off on by all agencies everybody will have a chance to review it. Rountree: Very good. Thank you, Mark. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Do we need to authorize the Mayor to sign the letter you're referring to? Niemeyer: That one I'm not sure on. Maybe Bill could answer that. Nary: Mr. President, Members of the Council, since this is just a cooperative agreement you don't need to do that. Part of the reason I suggested it to the chief to bring this in front of you is because at some point in the planning process it may have budgetary impact, but at the moment it really is just a cooperative arrangement, so it's not necessary to have -- to authorize the Mayor to sign that. Hoaglun: Mr. President, question for Mark. This is a multi jurisdictional approach -- Niemeyer: It is. Hoaglun: -- you mentioned. Is there good cooperation among the other entities in the area? Niemeyer: Yeah. I think talking to Doug he's had good buy into it. He's getting a lot of jurisdictions. There is a lot of districts that hadn't participated in the previous efforts that are now going to be participating, school districts being one, and if we do have a flood or something big like that we are going to have to rely on some of those agencies. So, from what I'm hearing there is good buy in so far in getting folks to sign off on that. Rountree: Any other questions, comments? Thank you. Item 7: Items Moved From Consent Agenda Rountree: There were no items moved from the Consent Agenda. Item 8: Action Items Meridian City Council December 22, 2009 Page 10 of 33 A. Public Hearing: RZ 09-004 Cabella Creek by Coleman Homes, LLC Located at East Victory Road, West of South Mesa Way and East of South Bailey Way: Request for Rezone of 5.41 Acres From R-4 (Medium-Low Density Residential) to an R-8 Zoning District for Cabella Creek Rountree: We are on Item 8, public hearing. Public hearing for Cabella Creek. I will open that public hearing and Bill or Pete. Friedman: Mr. President, Bill will start off the presentation tonight on that. Parsons: Thank you, Mr. Friedman. Council President Rountree, Members of the Council, before you this evening is a rezone of Cabella Creek Subdivision. This project came before Council in 2006. At that time it was platted and zoned R-4 and it also required a development agreement with that approval of that site. The applicant is coming before you this evening to rezone a portion of the site, approximately 5.41 acres. It incorporates approximately -- it incorporates 17 building lots and the applicant is rezoning the property to, essentially, construct seven homes that -- in size -- that range in size at 1,270 square feet. Currently the R-4 zoning district limits living space standards to 1,400 square feet. The applicant -- or this project is located on the north side of Victory Road in between Locust Grove and -- excuse me. Approximately a quarter of a mile west of Locust Grove. Again, here is an aerial of the site. You can see a lot of the property around it is either in the county or currently developed in Meridian and currently zoned R-4. The site is a little bit more developed than what you see here in the aerial. Here is the current land use map and the zoning map that we have in place today. On the left-hand side you have the zoning map that shows where Cabella Creek falls in relation to the surrounding properties and, then, on the left-hand side you have the comprehensive map and, again, you can see this is designated R-4 or low density residential, and this property is consistent with that zoning district. The applicant is not proposing to change any of the lot sizes or density of the project, merely to, one, get out of the requirement of constructing the 1,400 square foot home. Summary of the hearing for you. Planning and Zoning Commission recommended denial at their hearing on December 3rd. Their reason for denial was the fact that it may set a precedent for other properties that may want to come in or developers may want to rezone their properties to construct smaller homes to get out of those R-4 standards. So, we thought this wasn't the appropriate avenue to follow to construct more homes. Staff did work -- talk with the applicant during the pre-application meeting, informed them that the variance probably couldn't meet those findings to support a variance as well and we thought maybe a possibility, given the direction of possibly rezoning the entire subdivision to an R-8, they were unable to get consent from adjoining property owners or homeowners that are currently in the subdivision, so that wasn't feasible, and so their option was to, again, rezone a portion internal to the site, that way they still keep those lots transitioned along the surrounding subdivisions, but that way they would only impact a small portion of the subdivision. Speaking in favor during that hearing was Becky McKay and Thomas Coleman, who is the applicant's representative, and the applicant, as part of the rezone application. Matt Dinfer was at the hearing, did not Meridian City Council December 22, 2009 Page 11 of 33 testify, signed up as -- in opposition of the rezone. Rose Crandall and Aneke Binford testified at the hearing in opposition of the rezone. Mike Bell also submitted written testimony in opposition of the rezone. Rose Crandall also submitted written testimony and also provided at the hearing a petition from 11 homeowners that were also in opposition of the rezone. Key changes from staff from the Commission none. So, really, the outstanding issues for Council tonight is -- is this the appropriate avenue for rezoning the property to construct smaller homes. The other issue is the applicant has provided written comments regarding some possible DA provisions, if you so choose to recommend approval. Staff finds it difficult -- the other issue is that the Council really wants staff to track required CZCs for single family homes just to track seven 1,270 square foot homes in the subdivision. The applicant does have a brief presentation for you tonight that she wants to kind of get you an overview of the project. Again, the only comments we did receive was from the applicant, since that hearing date, the Planning and Zoning Commission hearing date. And with that I would stand for any questions Council may have. Rountree: Questions for Bill? Bird: I have none. Rountree: None. Thank you. Is the applicant here? Yes, she is. If you would give us your name and address, please. McKay: Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. Business address. Good evening, Members of the Council. I'm here this evening representing Coleman Homes. Thomas wanted to be here, but since the hearing was so close to the holidays he is out of state at the family gig. So, I will try to do the best I can kind of going through his Powerpoint presentation. What I brought before you this evening is some examples of the homes. They have already constructed some of the homes within the Cabella Creek project and that's -- that's one of the homes that -- that's before you right there. Secondly, this project was approved -- kind of give you a little history -- in 2006. The original developer constructed about 90 percent of the development and, then, ran into financial difficulties. Coleman Homes got with the owner and U.S. Bank and they, basically, bought this at the brink of foreclosure and Mr. Coleman went through and replaced letters of credit at the highway district and the City of Meridian, which were on the verge of expiring or being called and agreed to take on this task. We did a complete analysis starting about in June of this project of all the outstanding items that needed to be addressed. One, the landscaping was in extremely poor condition. The pump station had never been installed, nor the check structure within Ten Mile Creek, to supply adequate water. They did hook onto Meridian water as an alternative, but due to lack of maintenance and other problems with the system the landscaping went into disrepair. Mr. Coleman went in, repaired that landscaping, planted an additional 60 trees, went through -- the top picture you see here is what it looked like. The bottom picture is what you see after they went through and worked it over. They also, like I said, added trees, went through and added signs and flags and tried to dress the project up. The Council approved this initially with three ponds and they were to be Meridian City Council December 22, 2009 Page 12 of 33 utilized for storm drainage and for -- as an amenity. Those ponds were absolutely disgraceful. They were green. Ada County Highway District came out. We met with them. They did not meet ACHD standards. My firm redesigned the ponds and Mr. Coleman has been working on getting those repaired. Installing aerators, and getting this project back on track. The Colemans -- they are a developer, but they are also the builder within their developments. They are currently building in Middleton in the West Highlands project and they have also bought three phases of Bridgetower and they are currently building out there and, then, they have purchased this Cabella Creek. They pride themselves on the quality of their homes and providing a diverse style of home in various sizes. One of the things that -- that we talked about with the staff was the fact that just because a home is 1,600 or 2,000 square feet, does not necessarily make that home a quality home. Obviously, the example here, you can see these homes are on larger lots, they are over 1,400 square feet, but esthetically they are lacking in features and amenities. These homes that you see there are, obviously, on considerably smaller lots. They are dressed up. They have some nice architectural features. They use differing architectural textures, rock and brick and so forth, and wood siding. This is one of the homes that is constructed out in Cabella Creek. The home that you're looking at right there, to kind of give you a reference point, is 1,500 square feet. The picture below it reflects the interior and the quality that the Coleman company is putting into their homes and they want to make sure that they -- they create, obviously, the best design they can at a good value and they do not provide any vinyl siding, 30 shingles -- 30 year architectural shingles. They have a wide variety of amenities that they add. All the walls are hand textured. They use the two by six. This home is another one that they have constructed out there. This one is 1,700 square feet. And below you can see the interior with hardwood floors, nice wood cabinets, quality appliances. This -- this home shows you the rear elevation. That home in particular is about 1,800 square feet. They offer a list to their clients of different Energy Star features if they so choose and they find that right now what they are seeing in the marketplace is a need for some of these smaller homes. They are seeing that out at Cabella Creek. They are seeing that over in West Highlands. This is the home that they would like to build in Cabella Creek. It's 1,270 square feet. This is one of the models that they have just completed out at West Highlands in Middleton. And I guess when we look at these projects we are always front planning for perspective, trying to provide some diversity. It's important that we have homes for different types of families. They are finding empty nesters, seniors that are starting to down size and that's becoming a big part of this market. I did meet with the neighbors on this project. One of the -- one of the primary concems was the number of homes that we propose to build. We initially wanted ten homes out of the 47 that could be below the 1,400 square feet. They asked me could you re-reconsider and maybe possibly come down on that number. We did reduce that number to seven. One of the other concems they had was the adjoining subdivisions that wrap around us. Salmon Rapids. They said, you know, on the perimeter we'd like to see larger homes, more consistent with the sizes that we have. Could you potentially cluster those homes within the interior of the development and so that was kind of the strategy we had here for this -- this block. Oops. What we call -- sorry. What we call Block 2 there. So, what's before you tonight are 17 buildable lots. They are in the middle of the development. They are isolated in a block. What we are asking for is that only seven of Meridian City Council December 22, 2009 Page 13 of 33 those homes -- or those lots, I'm sorry, be allowed to have a home below 1,400 square feet. Now, the staff raised some questions about, well, how do we track that. What we suggested is that any home within that block be required to have a certificate of zoning compliance prior to submittal of the building permit -- or building permit application. Along with that certificate of zoning compliance would be an elevation of the home to make sure they are consistent with these homes that we have submitted as part of our application and along with that would be a Block 2 map showing the lots that have been built on or permits that have been issued and what the square footage of those homes are. We think that --that's the easy way to track it. This particular project there were no elevations tied to this project at all and so by tying these elevations with an amended DA, we feel that that will, obviously, protect the integrity and the quality of these homes. Another thing is since the Colemans are the only builders out there, they don't have the issue with having to deal with some builder that wants one of the lots, but doesn't want to comply with the elevations, which we do face that on the developments where we have multiple builders. Initially when we met with the staff we talked about a variance, like Bill said. Pete and Bill indicated that they didn't feel a variance was really the right way to go, since it is not a site characteristic or -- or any type of impediment on the site that is creating our situation. We kicked around this idea of the rezone. We thought that that would be viable. We went away from the meeting believing that that was an option and, then, after further staff discussion they indicated that, no, they didn't feel they could support it. The staff has kicked around the idea of doing an ordinance amendment, because the R-8 zone doesn't have a minimum square footage for living area, just the R-4. I know there have been discussions about it. I guess we were just reluctant, we had already submitted our rezone application, and we were reluctant to submit an ordinance amendment and have it be, you know, site specific. I guess if the staff is thinking along those directions, it would probably make sense if that application was initiated by the staff. We feel when you look out there at that -- at the zoning, you have got Cavenaugh Subdivision, which is a complete sea of R-8. We are directly across the street. You have Tuscany Village, which is directly across the street, a sea of R-8. And as you can see with the low density residential we still have -- all these yellows are pockets of R-8 that you see throughout this section here. We are not changing the lots. We are not changing the density. We are not asking for anything, just to allow approximately seven lots to be below 1,400 square feet and we have set that at the 1,271. We are doing the best that we can with these distressed projects at this time. They are always a struggle. It seems like all we deal with is problems now days and we are trying to solve them best we can. This is a project that I think is looking very well. I have been out there myself. I have looked at the homes. It's going to have a diversity. The lots range all the-way -- or the homes range all the way up to like 2,200 square feet. They have got multiple elevations for different styles of homes and I have been very pleased with what I have seen and we think that this is a quality development and we would like Council to I guess entertain the idea of this rezone, since we can't figure out any other alternative application in order to accomplish this. Do you have any questions? Bird: Mr. President? Meridian City Council December 22, 2009 Page 14 of 33 Rountree: Mr. Bird. Bird: Becky, you're asking to rezone 17 lots, but yet we are only going to build seven 1,270 square foot buildings? McKay: Yes, sir. Bird: What are we going to do with the other ten lots if we zone an R-8? McKay: The other ten lots would be -- have to be above 1,400 square feet. Bird: Yeah. But if we go to R-8, then, the setbacks all change. McKay: The setbacks -- as far as the R-4 setbacks, they work fine for us. The setbacks work great. The lot size works great. We are agreeing to comply with everything. The only thing is that living square footage of 1,400, we are asking to deviate to 1,271. Bird: Mr. -- follow up? Rountree: Mr. Bird. Bird: A 129 square foot, what does that add to the cost of the average house, Becky, approximately? Twelve thousand? McKay: The 1,271 square foot has a base price of 144 nine. That's a payment of about 915 a month. When you jump up to the 1,500 square foot, that base price is 155 or 979 a month. Bird: What's 1,400? McKay: I don't -- he doesn't have a 1,400 model, he only has a 1,500 -- 1,500 and, then, the 1,271. As we submitted -- in the elevations we submitted it's 1,271, 1,500, 1,824, and, then, it goes up to I think 2,200. So, you know, it's roughly -- we are talking, what, 10,000 dollar difference? Bird: Yeah. And also, Becky, what's to -- what's to keep Coleman Homes from selling off those other ten R-8 lots and getting R-8 buildings put in there with the setbacks and stuff? McKay: Councilman Bird, I submitted a letter of DA provisions and in those provisions we specified in detail the limitation of the seven homes, the limitation that nothing would be below that 1,270. That the certificate of zoning compliance would be required and the elevations would be tied to this project that we have submitted and that there would be no duplexes or anything like that. So, it's very specific. And we feel that the development agreement tied to the rezone could protect the community and protect the city and still accomplish this. Meridian City Council December 22, 2009 Page 15 of 33 Bird: Thank you. Rountree: Further questions? Hoaglun: Mr. President? Rountree: Brad. Hoaglun: Becky, I was just curious, you selected the intemal part of this -- this lot. A lot of times, you know, small homes or especially apartments they put them out towards the road. What was the thinking for that and also the second part of the question is are these lots -- are they next to each other or are they interspersed within that -- within that zone? I wasn't quite clear on that. McKay: The -- I don't know. Bill, do you have a copy of the plat? All the lots in Block 2 are all contiguous to each other. They are on a cul-de-sac. Right here, as you can see, there is a -- there is a cul-de-sac comes in here and this -- oh, sorry, Bill. This is the block right here and -- and we picked that so that we had larger homes on the periphery adjoining Salmon Rapids and adjoining these other parcels to the west and to the east. As far as the ones next to the road, there is a larger home -- existing home located here and another one here and so -- and I believe there is an existing home over -- located here. So, we thought we would put them in that block and kind of isolate them here on the cul-de-sac. Hoaglun: Okay. That makes sense. Oftentimes you see -- if it's different than the rest of the neighborhood they are out against the road, as opposed to being intemal. So, that's -- it's a little bit of different -- different thought process in that. So, that makes sense what you're saying. Thank you. Rountree: Further questions? Bird: I have none. Rountree: Becky, how many homes are currently in the subdivision? McKay: They have constructed -- Colemans have constructed three homes and I believe there are -- there were -- is there six total? Including Colemans? Seven including the model. Bird: Plus the three existing? McKay: There were, I believe, a couple of existing homes and, then, the original developer sold some lots to builders who built some homes out there. Meridian City Council December 22, 2009 Page 16 of 33 Rountree: So, the CC&Rs that are in effect are in the hands of the current developer owner, Coleman? McKay: Yes, sir. Mr. Coleman has gone through those and revised them. Rountree: Okay. Any other questions? Bird: I have none. Rountree: Thank you, Becky. This is a public hearing. I have two folks that have signed up to say they are against this proposal. Rose Crandall. Do you wish to provide some testimony? If you would give us your name and address for the record. Crandall: My name is Rose Crandall and my address is 1319 East Observation Street and my home is located on the very entrance of the subdivision and what I would like to ask the city is I understand, you know -- Zaremba: Excuse me. Can you pull the microphone a little closer to your -- more towards you? Crandall: Oh. I understand Ms. Becky's presentation and while we appreciate what Mr. Thomas Coleman has done to save the subdivision, we -- the existing homeowners also have conceded to the lower size homes that he built and we know that he is building quality homes. But it is still a known fact that the -- you know, the smaller size homes affect the value of the existing homes and when -- and when we purchased our home there were CC&Rs, which I found out later was never really recorded. .I have a copy of it. Our CC&Rs that we signed for when we closed our home was a minimum of 2,400 square feet and I understand that, you know, ATM Development had fallen into the problems that we are having right now and Mr. Coleman came to the rescue and with his rescue, his line of -- his choices of homes are already diverse from 1,500 all the way to 2,055 square feet and I just feel that -- that is, you know, going down to 1,271 square feet is just going to devaluate our home value and, unfortunately, the CC&Rs that we signed -- that I signed for when -- when I purchased the home, was really not recorded with the city, because when I followed up with the city there was only one CC&Rs that was there, which is the one that was recorded in June or July, which is the current one right now, which has a minimum square footage on the CC&Rs as 1,271, which I wandered myself, because it hasn't passed yet. Why is the minimum square footage on the CC&R already, you know, written as 1,271 square feet. So, that's it. Thank you very much. Rountree: Any questions? Bird: I have none. Rountree: Just a comment about the CC&Rs. CC&Rs are between the owner and the developer. They are not a requirement of the city. Meridian City Council December 22, 2009 Page 17 of 33 Crandall: That's what I found out also. Rountree: Mike Vale. Vale: My name is Mike Vale. I live at 3022 South Bailey Way. I'm also a homeowner in this development. Beautiful presentation they have done. The photography is absolutely beautiful. There is a lot of work that still needs to be done in that development and I hope they do -- I can't understand why with the available property in that area that is zoned the way they would like to have this zoned, they didn't purchase something there, rather than purchase in this area and want to rezone it, but that's something that they have done. I'm just here to voice my opinion that I'm against it for a lot of the same reasons Bill had given, Rose had given, and that the Planning and Zoning had heard. So, that's what I have to say. Rountree: Thank you. Hoaglun: Mr. President, just a quick question. You said how many homes are -- were there before Coleman took over? Were there six? Vale: I mistakenly -- there was one more I did miss. There is a third. There is a big one that I think the original developer owned and I forgot to count that one. So, there was the Crandall's home and my home were the only two homes with that developer's home in the area also. They have since built -- the developer that built my home built a house further -- a little bit further into the subdivision, so they added that one. And, then, Colemans have built three homes that they have got I believe probably a spec home and, then, they have got one home as a model. So, there is a total of -- that would be eight. So, there were -- when we purchased, the Crandall's home was there and my home was there, and, then, the developer has another big home that's kind of set out of sight a little bit. So, those are the homes that were there. Hoaglun: And Mr. President -- Mike, if you wouldn't mind, do you know what the smallest size -- by chance what the smallest square footage home that exists right now? Vale: I'm not sure what -- what your home is. Rountree: You need to repeat -- Vale: Okay. Because my home's about 2,375 and there is another one that's 2,250. Those are the three that were developed. I don't know what the very large one is that the developer owned and, then, I'm not sure what -- I think they are about 1,500 or 1,600 square feet that the Colemans have built in there right now. Hoaglun: And, Mr. President -- Mike, so the original purchase of the -- I think Rose was mentioning something about 2,400 square feet was -- it was above 2,000 was the plan for that -- Meridian City Council December 22, 2009 Page 18 of 33 Vale: Yeah. Hoaglun: -- particular development. Vale: Yeah. I believe it was -- that the CC&Rs said 2,200. Hoaglun: Okay. Thank you. Vale: You're welcome. Thank you. Rountree: This is a public hearing. Anyone else wish to provide testimony? Seeing none, the applicant has an opportunity for final say. McKay: Members of the Council, like Isaid, Idid -- I did talk with the neighbors on multiple occasions. I talked to Mrs. Crandall and -- and I do understand when they purchased their homes that they thought that -- that they were all going to be exactly within that range that their homes are on, that 2,300 square foot range. Obviously, you know, circumstances have changed. Mr. Vale indicated that there is still improvements that need to be done out there, that is correct. One of the things that has hampered our progress is their 404 permit with the Army Corps of Engineers had expired for the bridge expansion. All of their license agreements and contracts with Nampa-Meridian Irrigation District had expired, so we had to renew all those. There were no flood plain permits granted by the City of Meridian for the check structure, so we have been getting all of our necessary permits in order to finish up the last items. We feel that this is a good project. Diversity does not mean cheap as long as the quality of those homes is there and you're creating a community. I mean we pride ourselves in trying to put some -- some diversity and a mixture in these neighborhoods, so that they are a healthy, vibrant neighborhood, and, like I said, providing homes for empty nesters, seniors, first-time home buyers, that's kind of what we are seeing and -- and we are just trying to adapt in a changing market and I think we have tried set forth detailed conditions in the DA that would protect the city, protect the neighbors. I think this is reasonable. We are limited just to seven homes. That's it. And we have got an easy way to track it. I talked to Scott Steckline with Public Works, he indicated that they -- they track them there. He said Ididn't -- I don't see what the issue is as far as any difficulty in tracking. I think this is doable and I guess I'd like the Council to entertain it. Thank you. Rountree: Thank you, Becky. Any further questions? Hoaglun: I have a request for planning, if I might, Mr. President. How -- Bill or Pete, how do we get adevelopment -- I'm thinking of Bridgetower, they have got a variety of houses from -- from good size to big size, but there is some areas where they have patio homes and they are much smaller. Was that -- was that done when the whole thing was platted? Is that how that came about usually in that area and other areas? Meridian Ciry Council December 22, 2009 Page 19 of 33 Friedman: Mr. President, Members of the Council, Councilman Hoaglun, that's correct. When projects of that sort go through most of those conditions and those areas are spelled out within the development -- initial development in and of itself and that comes in with the original zoning and the original development review and, of course, all the associated development agreements that go with it. Hoaglun: Okay. And one last question if I might, Mr. President, for staff, is what is the smallest square footage for an R-4 area? Friedman: Smallest square footage? Hoaglun: Smallest. Friedman: The minimum floor area -- living area as the code defines it, is 1,400 square feet in R-4 and 1,500 square feet in R-2. Those are the only two residential districts that have limitations on there for the minimum floor areas. Hoaglun: Okay. Thank you. Rountree: Further questions? Zaremba: Mr. President? Isn't a development agreement usually associated with an annexation? Can we do that with a rezone? Friedman: Yes, Council Members and -- Council President Rountree, Council Members, we can -- we do have the ability to attach a development agreement to a rezone. Annexations and rezones, really, are the only two vehicles that we have for the development agreement. Zaremba: Thank you. Rountree: Any discussion? If there is none, I need a motion. Zaremba: I would comment before we do a motion, if I may. I have heard the discussion before about having a variation of sizes within a single subdivision and it actually appeals to me. The reasoning is that as people's needs change, either as their family gets bigger or later gets smaller again, people want to live within the same area and be able to move from size to size within the same area and the same quality and I like that explanation. So, on the face of it I could be in favor of this happening. I understand the difficulty with rezoning the entire subdivision, could even, I suppose, impact the loans that people have on the existing properties, if the underlying zoning changes. So, I would have to say at the moment I still have some discomfort with rezoning and I don't really have discomfort with the objective of what's going on here. I guess I'm not comfortable with the method. Rountree: Any comments? Meridian City Council December 22, 2009 Page 20 of 33 Hoaglun: Mr. President. Just a comment. You know, if they were coming -- the applicant was coming in and this was a new parcel and we were looking at this and it was the surrounding area was R-4 and they wanted R-8, Councilman Zaremba's right, there are changes going on out there, asmaller -- smaller homes are becoming more popular, either economic -- because of finances or energy costs or just people getting older. There is more of us. But where I struggle is you have got people who have purchased, built within that subdivision already. They have got the larger homes. There was an expectation of larger homes and already that R-4 -- there will be homes there at 1,400 square feet, which at the time they thought were going to be different, it was going to be larger, and, then, that's quite a change right there, going from 24 to say 14 hundred square feet that they are going to have to live with and it does impact value to some degree and that's something I struggle with you, yet at the same time Mrs. McKay points out -- and it's a valid point, you could have a 2,400 square foot home that's a box take a much smaller home and make it very interesting and retain good value there. So, it's not always bigger is better, it's -- it is the quality. But, then, you have a rezone that goes forward and if this does go to someone else, what happens then? So, I'm less inclined to grant the rezone right now. I have an open mind to it, but right now I just -- the impact to the neighbors that are already there and the expectations they had when they purchased, that has already changed and another -- what was it, 129 square feet is -- I don't know if that's enough to justify it. Rountree: No more comment? I need a motion on the hearing. Hoaglun: I move to close the public hearing, Mr. President. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing. All in favor? Motion passes. MOTION CARRIED: ALL AYES. Rountree: Motion? Hoaglun: I'll give it a shot here. Mr. President, I would move to deny the request for a rezone on 09-004, Cabella Creek. Zaremba: Second. Rountree: It's been moved and seconded to deny the request for the rezone for Item 8-A, the rezone request. Roll call vote. Excuse me. Is there any discussion on the motion? Bird: I have none. Meridian City Council December 22, 2009 Page 21 of 33 Rountree: Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. B. Public Hearing: ZOA 09-003 Unified Development Code Text Amendment of City of Meridian Planning Department to Amend the Text of Certain Sections of Unified Development Code as follows: Chapter 1 Article A: Definitions; Chapter 2 Article A: Residential Districts; Chapter 2 Article B: Commercial Districts; Chapter 2 Article C: Industrial Districts; Chapter 2 Article D: Traditional Neighborhood Districts; Chapter 3 Article A: Standard Regulations in all Districts; Chapter 3 Article B: Landscaping Requirements; Chapter 3 Article G: Common Open Space and Site Amenity Requirements; Chapter 3 Article H: Development along Federal and State Highways; Chapter 4: Specific Use Standards; Chapter 5 Article A: General Provisions (Administration); Chapter 5 Article B: Specific Provision (Administration); Chapter 6 Article B: Subdivision Process; and Chapter 6 Article C: Subdivision Design and Improvement Standards Rountree: Next item, public hearing on Unified Development Code Text Amendments for the City of Meridian, Item 8-B. This is a public hearing. I will open the public hearing. Pete, you want to make a presentation? Friedman: Thank you, President Rountree, Members of the Council. As the President has indicated, these are zoning text amendments that are coming to you with a recommendation for approval from the Planning and Zoning Commission. They are initiated by staff. The primary intention was to address either problems that we have in code administration or modify sections of the code or clean up sections of the code. Staff believes that implementation of these will make the UDC more understandable, as well as enforceable. The staff report contained a long long list of what those are. I believe in the interest of brevity you don't want me to go through those individually. I would be happy to if you do. But if you don't I would like to hit a couple highlights for you, just to tell you some of the things that are included in there. One would be we are removing spires on churches from the height limits. We had quite a discussion and education on the difference between a steeple and a spire and as we are beginning to see more churches come into the city, we are finding that their combined steeples and spires exceed our height limits. So, we have a code amendment that we think fixes that problem. Secondly, we have created a common definition for pathways. As you know, we have micro pathways and multi-use pathways and there was some problems with uniformly addressing landscaping and construction standards for both of those. So, basically, what we have done is while we still have those in the code definitions, we refer to them as pathways, so we can start looking at them uniformly with respect to Meridian City Council December 22, 2009 Page 22 of 33 landscaping and that sort of thing. We have also cross-referenced pathway construction standards in the UDC to the master pathway plan, so there now is that nexus between those two documents when we do have pathways that are being developed within -- and throughout our community. One of the issues, as President Rountree knows, after we implemented the design review manual, we also changed the standard for the number of -- amount of parking that can be located between the street and the building facade. It used to be 70 percent, we lowered it to 50 percent. It was becoming problematic, particularly on smaller lots and comer lots. So, what's been proposed is that on lots under two acres there will be an allowance for a single drive aisle with the parking on one or both sides to be allowed between the building and the fronting street and another major one was buffer width reduction for landscape buffers. The only way to reduce that dimensional standard was through a variance and we didn't feel that that was the .appropriate vehicle, a variance, to address it, because oftentimes while they might be unique circumstances, they weren't necessarily hardships or physical circumstances which prevented it. So, in effect, you still see them, but what we have done is made requests for buffer width reductions, a waiver by the Council, rather than a variance. That way you're not constrained to the specific variance findings. Another one was -- this is a big one. Allowing outdoor exercise areas for veterinary clinics. Currently the code just prohibits -- just says no outdoor activities whatsoever and that's what the intent was, to preclude the boarding and kenneling and that sort of thing in exercising, but the reality is when they have patients there they do need to take them outside, so there is a provision there that allows for the exercising of pet -- of veterinary -- animal care facilities. I'm cony. Under the supervision of the staff. And another one was we changed the drive-thu requirements, so that a Conditional Use Permit is not required if the facility was -- the drive-thru is across the street from another one. Right now we required a Conditional Use Permit if it's within 300 feet, but if it's separated by an arterial there is no good point in requiring the Conditional Use Permit. And, finally, we have made some minor changes and at least we are starting with some exemptions from design review. We have thrown in a couple of those that weren't previously in the code. So, those are kind of the highlights of the recommendations and I'd be happy to answer any other questions you might have. Rountree: Okay. Any questions for Pete on the long list of amendments that we have before us? I don't see any. Thank you, Pete. This is a public hearing. Pat, do you want to testify? Okay. Seeing -- Bird: Frank's even left. Rountree: Yeah. Frank left. Seeing no one to testify on this item, if there is any discussion? Bird: I move we close Item 8-B. Zaremba: Second. Meridian City Council December 22, 2009 Page 23 of 33 Rountree: It's been moved and seconded to close Item 8-B. All those in favor. Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: What's your pleasure on the text amendments? Hoaglun: Mr. President? Rountree: Brad. Hoaglun: I would move approval of ZOA 09-003. Zaremba: Second. Rountree: It's been moved and seconded to approve the -- Item 8-B, Unified Development Code Text Amendments. Roll call vote, if there is no discussion. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. C. MFP 09-002: Challis Subdivsion by Tealey's Land Surveying Located at 575 E. Franklin Road: Request to Modify a Plat Condition Requiring Cross-Access and Cross-Parking for Challis Subdivision Rountree: Next item, 8-C, is the Challis Subdivision, Item 8-C, MFP 09-002. It is a public hearing. Pete. Friedman: Mr. President, Members of the Council, this is a modification to the final plat -- or of the short plat of Challis Subdivision, which was approved by the City Council in June of this year. It created three commercial lots at the comer of Stafford and Franklin. With the approval of that short plat there was a condition that there be a blanket cross- access and cross-parking easement noted on the face of the plat. Now that the first building's been constructed and they have a better idea of how the site is going to develop, plus having done some grading they are starting to find there is some topographic differences and the -- Mr. Tealey, the applicant, was in speaking with us and said that rather than have that note on the face of the plat, they would like to replace it with a specific easement provision that grants cross-access to all three lots, but eliminates the need for cross-parking, because of the way that the whole area is going to be configured, it made since to us. He said, fine, I will just go ahead and file those easements and record those and we said, well, that's all well and good, but you can't do that, because the Council, actually, is the only body that can change those conditions. And so he did file for a plat modification to remove that note from the face of the plat and, then, just -- what he will do is he will prepare a specific easement as Meridian City Council December 22, 2009 Page 24 of 33 indicated by this exhibit, note that on the face of the final plat with an easement -- a recorded number and staff is supportive of that request. Rountree: Any questions for Pete? Comments? Testimony? Tealey: Mr. President, Members of the Council -- really, no -- Rountree: If you could give us your name, please. Tealey: Oh. Excuse me. Pat Tealey. And ofFce address 187 East 50th in Garden City. We originally submitted a site plan similar to this with our plat, but it wasn't made a point of a discussion when it came to the Council. If this works -- does this pointer work on here? Oops. Let's see. Which way do I have to go. There is about 12 feet of difference between the eastern portion of the subdivision along Stafford and the western portion there. So, the reason we did the site plan such it is, we knew we had grade differences run in there and that that type of cross-access easement that's typically required in a commercial subdivision wasn't going to work for us. The condition that came out of -- the reason that we didn't realize that the blanket easement would be a problem is that on site specific note number nine it just says across-access, cross- parking easement agreement shall be recorded for all commercial lots within the subdivision. It didn't mention the word blanket. So, we had a lawyer prepare the cross- access and cross-parking agreement and thought we were going along pretty good until we ran into needing a signature and so that the easement is prepared and we are ready to go forth with it and agree with stafFs -- what they think is the situation, basically. The reason that the easement is where it is is they don't want people going through the drive-in there on the bank, just having total access to it. They want to restrict the access to this path that you see in front of you. That will be part of the cross-access easement and they will delineate across-parking, if any, but it's going to be sort of hard to cross-park on this thing, because of the grade differences and stuff that will be spelled out in the agreement. Rountree: Any questions? Bird: I have none. Rountree: No questions? Thank you. Any further comment, staff? Friedman: No comment. Rountree: Discussion? Need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on MFP 09-002. Meridian City Council December 22, 2009 Page 25 of 33 Hoaglun: Second. Rountree: It's been moved and seconded to the close public hearing on Item 8-C. All those in favor? Motion passes. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the changing of taking the note from the face of the plat regarding cross-access and to record an easement agreement in lieu of the blanket easement. Hoaglun: Second. Rountree: It's been moved and seconded to approve the request of Item 8-C per the motion. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 9: Ordinances. A. Ordinance No. :Alcohol Server Training and Certification B. Ordinance No. : RZ 09-003: Request for Rezone of 5.02 Acres from R-8 (Medium Density Residential) to L-O (Limited Office) Zone for Bainbridge by Brighton Corporation Located South of Chinden Boulevard on the West Side of North Ten Mile Road Rountree: Next item is Ordinances. We have two ordinances. If you would read those by title only, Madam Clerk. Holman: Thank you, President Rountree. City of Meridian Ordinance No. 09-1437, an ordinance of the City of Meridian creating a new chapter of Meridian City Code, Chapter 7, Title 3, of the Meridian City Code relating to alcohol server certification, definitions, approved server training program, server and licensee requirements and enforcement. Holman: City of Meridian Ordinance No. 09-1438, an ordinance RZ 09-003, Bainbridge, for the rezone of a parcel of land located in the southeast one quarter of the northeast Meridian City Council December 22, 2009 Page 26 of 33 one quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, 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 R-8, Medium Density Residential District, to L-O, Limited Office 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 of the rules and providing an effective date. Rountree: You have heard the ordinances 9-A and B read by title only. Anyone wish to hear them in their entirety? Seeing none, I need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve ordinances 09-1437 and 09-1438 with suspension of rules. Zaremba: Second. Rountree: It's been moved and seconded to approve ordinances in Item 9-A and B. Roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 10: Other Items. A. Executive Session per Idaho State Code 67-2345(1)(f) - to Consider and Advise its Legal Representatives in Pending Litigation Rountree: Last item. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Hoaglun: Second. Meridian City Council December 22, 2009 Page 27 of 33 Rountree: It's been moved and seconded to go into Executive Session for Item (1)(f). Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:12 p.m. to 8:35 p.m.) Amend onto the Agenda: • Roof on City Hall Approved motion to send a Notice of Rejection to Western Roofing. • Claim by Brown Construction Approved Motion to settle claim for $60,000.00 with mediation fees. • City Business for Next Two Weeks Approved motion to allow the Mayor and Council President to sign routine contracts and for those contracts to be ratified at the first meeting in January • Change to City Council Meeting Schedule Approved motion to change City Council meeting schedule to meet the first, second and fourth Tuesdays of each month with the second meeting being a workshop meeting and direct legal department to come back with amended Ordinance Rountree: We are out of Executive Session. Nary: Mr. President? Rountree: Yes. Nary: Mr. President, I was going to recommend to the Council that you amend your agenda tonight to include potentially two items, maybe three. The first item would be to -- the first item is to address the issue of the roof on City Hall and Westem Roofing's contract. The second is in relation to a claim against the city for payment of a contract with Brown Construction and the last is for the processing of business over the next three weeks until your next meeting of January 12th. Your reason for amending them at this time is up until the completion of our last Executive Session you were unaware of the necessity to add that to your agenda. Rountree: Thank you, Mr. Nary. Meridian City Council December 22, 2009 Page 28 of 33 Zaremba: Mr. President, I move the agenda be amended as stated. Hoaglun: Second. Rountree: It's been moved and seconded to amend the agenda as stated by Mr. Nary. Just a voice vote? Nary: Yes. Voice vote is okay. Rountree: All those in favor'? Motion passes. MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Rountree: Brad. Hoaglun: For -- regarding the issue on the roof on City Hall, I would move that we direct staff to send notice to Western Roofing that the City Hall roof has failed to maintain a water tight condition and move forward from there with that issue -- situation. Rountree: And that's issuing a notice of rejection? Bird: Yes. Hoaglun: Yes. Bird: Second. Rountree: It's been moved and seconded to issue a notice of rejection on the leaky City Hall roof. Voice vote? Nary: Yes. Rountree: All in favor? Motion passes. MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Rountree: Brad. Hoaglun: I would move that we approve the settlement of the claim by Brown Construction in the amount of 60,000 dollars, also with the approval of payment of mediation fees. Meridian City Council December 22, 2009 Page 29 of 33 Bird: Second. Rountree: It's been moved and seconded to resolve the Brown Construction issue and with payment 60,000 dollars, plus the mediation fees. Voice vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, abstain; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Hoaglun: And, Mr. President, one more. Since we are not meeting on the 29th of December, which is a fifth Tuesday and we'd lack a quorum on January 5th, Iwould -- Nary: Mr. President, Members of the Council -- Rountree: Bill. Nary: What I would recommend is your motion be that simply the Mayor and Council President approve any necessary signatures for just the routine business that needs to be done until January 12th and anything that they find be then put on your agenda for January 12th for your review for any contracts or agreements that are necessary that can't wait until the 12th. Hoaglun: Mr. President, I would move that the Mayor or Council President have the authority to sign and complete -- contract the city business on routine items and that the City Council ratify those actions at their earliest meeting. Zaremba: Second. Rountree: It's been moved and seconded. Discussion? All in favor? Motion passes. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: Before we adjourn, I --Iwould like to make a motion that we -- seeing how we don't have a third the business that we had in 1998 when I come on board, I don't know when is the last time we done a land development. I move that we go back to meeting -- until further business, we go back to meeting the first and third as land meetings. The second is a workshop. And the fourth and fifth no meeting. Rountree: And that notes the first and third Tuesday. The second Tuesday would be a workshop and no further meetings for the month and -- would the motion -- well, I guess let's get a second on that. Is there a second? Meridian City Council December 22, 2009 Page 30 of 33 Zaremba: I'll second. Rountree: Okay. It's been moved and seconded. Would the motion maker consider that the workshops go back to the intent of the workshops that they start at 6:00 o'clock, we try to hold them to two hours. We concentrate on -- on our departments and not necessarily city business, and that we -- Bird: The maker of the motion would really enjoy that. And I also think that we discuss ordinances and stuff like we used to. We don't need to be having departments justify jobs. We all know that they got enough to do anyway. Hoaglun: Mr. President, inquiry of the maker of the motion. In February I believe we won't have a quorum on the 3rd Tuesday in March -- in February. If that occurs would we, then, still have three meetings that month, we would just move business to the fourth Tuesday? Bird: I guess we will have to. Hoaglun: Is that -- Bird: That we can take care of when we get to it. Rountree: And I guess final question for the maker of the motion, it's your intent, then, that the staff would prepare a resolution as such, so we can amend our meeting ordinance as such to accommodate the motion? Bird: I would -- just a resolution, because I don't want to change the ordinance, because, hopefully, one of these days we will get busy again. Nary: Mr. President, Mr. Bird, you will have to take the ordinance. The ordinance is specific. So, if you want to change the dates of your meetings -- Bird: Okay. I'll change the ordinance. Nary: You can cancel them. Bird: And I don't know why we would ever have to not do it, but -- Nary: The only suggestion I would make, Mr. Bird, so we don't run into the same problem of the fourth and fifth Tuesday, like we are for the next two weeks, you may want to consider whether or not you want it to be the first, second and fourth Tuesdays of the month to meet and, then, where you shouldn't, unless you lack a quorum, have it anytime where you're not going to have -- you're going to have no more than one meeting you will miss or one Tuesday you will miss. But you will have about four or five times a year that you would have the fourth and fifth Tuesdays off. Meridian City Council December 22, 2009 Page 31 of 33 Bird: You will have four times when you have five Tuesdays. You're right. I have no problem with going with the first, third, and -- or first, second, and fourth. Second agrees? Zaremba: Mr. President, that was, actually, going to be a comment of mine, so that we don't run into regularly have two weeks in a row where we don't have anything. Rountree: All right. Zaremba: If I may, though, I would ask the clerk -- we really have that little business? Do you know thinking out far ahead is that going to be a struggle? Holman: President Rountree, Members of the Council, Councilman Zaremba, I don't think so, as long as you will still allow us to have a Consent Agenda on the workshop. I think it helps to move -- if we are going to be canceling a meeting, I think it's important to still be able to move things on the Consent Agenda for a workshop. Zaremba: Makes sense. Rountree: Do you want me to try and restate that motion? Bird: I don't know if I can. I'd move that we -- if the second pulls, I pull my first. I move that we change until work demands our meetings to the first, second, and fourth Tuesday of the month. The first and the fourth Tuesday will be regular land planning meetings. The second will be a workshop starting at 6:00 o'clock and being just a workshop where we go through ordinances or any department needs and we can add a Consent Agenda. Holman: President Rountree, Members of the Council, Councilman Bird, so my question on the two that you're saying are land use ones -- Bird: That's your full blown meeting. Holman: Are there any other items that are allowed on those agendas or just -- just the way they have been? Bird: Just the way they have been. Rountree: Regular business. Bird: Regular business. Nary: What -- maybe if I could help clarify. What you're talking about is, essentially, the regular order of business, any statutorily required public hearings and the like and, then, on the workshop there won't be any statutorily required public hearings, so we would never notice a public hearing for that -- for that one. If there is something the Council Meridian City Council December 22, 2009 Page 32 of 33 wants to set for that, that's ', up to them to set that. Otherwise, there wouldn't be any statutory public hearings. Bird: I would say that we could do it as we have done in the past of setting the agenda for the workshop, the Council President sees that he needs a public hearing that we can do it, but I don't want it to become a habit. Nary: The example I was thinking is the gentleman tonight that was asking for a fee waiver. Bird: I agree with -- Nary: Versus a final plat or the land use types or things that no statute is required. Rountree: So, you have heard the motion. You have heard some discussion. You have heard another motion. You have heard more discussion. The first motion was seconded and the second motion restated has not been seconded. Do I have a second? Zaremba: I'll second it. Rountree: Okay. It's been moved and seconded to approve the motion as stated. All those in favor? MOTION CARRIED: ALL AYES. Rountree: All right. I need one more motion. Hoaglun: Move to adjourn. Bird: Second. Rountree: It's been moved and seconded to adjourn. All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:46 P.M. (AUDIO RECORDUUG.-OtaI~.F. OF THESE PROCEEDINGS) TAMMY ~f~ V)/E~FfaD~~RIIA~,x~OR ~~ OF F~ ('j O~ 2 ~~ G 'fi'r` ~' ~~ SEAL AY€EE ~~ ~~o`~ ~'; ~~ '~,,9 G'pUNTY , SOP pie, ~~~rriin n~~U~~~~•'. o I i Icy i ctcJ l~ DATE APPROVED HOLMAN, CITY CLERK